[HISTORY: Adopted by the Town Board of the Town of Onondaga 5-4-1966 by L.L. No.
1-1966. Amendments noted where applicable.]
[Amended 11-21-1994 by L.L. No. 4-1994]
It is hereby declared to be the policy of the Town of Onondaga
to regulate and control the use of land for sand and gravel operations
to the extent allowed under Title 27 of the New York State Environmental
Conservation Law,[1] to prevent excessive noise, to prevent such land from being left in a hazardous state due to pits, holes, hollows or banks, to prevent soil erosion and protect the natural vegetative cover and supply of organic material, to maintain the productivity and suitability of such land insofar as possible for agricultural purposes and building sites and to protect land values. By this chapter the Town Board seeks to promote the safety, health and general welfare of the residents of the Town of Onondaga by removing the danger to health, safety and life of its residents caused by the creation of excessive noise; excessive quantities of dust; deep excavations remaining in the ground; exposure of the bare earth to wind action and pools of water; and by possible loss of or pollution of their supply of water. At the same time, it is recognized that sand and gravel operations, as defined herein, are necessary and useful businesses and should be encouraged when not in conflict with the express purposes of this chapter. The purpose of this chapter is for the regulation of certain mining activity in the Town, and this chapter does not create an allowable use under Chapter 285, Zoning, of the Code of the Town of Onondaga.
[1]
Editor's Note: See Article 23, Title 27, of the New York
State Environmental Conservation Law.
[Amended 11-21-1994 by L.L. No. 4-1994]
As used in this chapter, the following terms shall have the
meanings hereinafter designated:
The permanent removal of sand or gravel from the ground.
The use of any land or premises for the excavation or removal
of 1,000 tons or 750 cubic yards, or any lesser amount, of sand or
gravel from the earth within 12 consecutive calendar months or for
the crushing, screening, washing or processing of said quantities
of sand or gravel in any manner thereon.
A.
No lands or other premises shall be operated or used as a sand and gravel operation without a currently effective permit issued by the Town Board in compliance with the provisions of this chapter or unless listed as an exception in § 205-4.
B.
Sand and gravel operations existing as of the effective date of this
chapter and any structures, improvements, machinery or equipment used
in connection therewith shall not continue to operate more than 90
days after the effective date of this chapter, unless within said
period an acceptable application shall be made to and filed with the
Town Board for a permit as herein provided.
A.
The following uses and operations by an owner or lessee of premises
or by his agent are hereby excepted from the application of this chapter:
A.
Before any sand or gravel operation is conducted within the Town of Onondaga, other than those excepted in § 205-4 of this chapter, the owner or lessee of the premises shall obtain a written permit therefor from the Town Board. For that purpose such applicant shall file with the Town Clerk of the Town of Onondaga an application in quadruplicate for such permit, which shall set forth and include:
[Amended 12-17-1979 by L.L. No. 5-1979]
(1)
An application on the form prescribed by the Town Board containing
a detailed statement of the proposed operation; a boundary outline
of the total property owned, leased or under option by the applicant
within which the proposed sand or gravel operation is to be conducted
(Plan A); a plan of the area proposed for excavation or removal of
sand or gravel showing contours at ten-foot intervals using United
States Geological Survey datum before operations are commenced (Plan
B); a plan illustrating the extent of operations to be performed before
the expiration of the permit applied for (Plan C); and a plan showing
the proposed method of rehabilitating said area, both during and upon
completion of the operations, including a schedule of progress for
the same (Plan D). Such plans shall be prepared by a duly licensed
professional engineer or land surveyor of the State of New York, unless
the Town Board, after a preliminary conference with the applicant
and a review of the proposed plans, shall determine that their preparation
by a duly licensed professional engineer or land surveyor in a specific
case is unnecessary, shall be drawn to scale and shall show all the
streets adjoining the property outlined on Plan A; the location of
any buildings within the property outlined on Plan A and within 300
feet of the outside boundaries of the area outlined on Plan B; and
the proposed location of any facilities for crushing, screening, washing
or processing of sand or gravel. The proposed plan of rehabilitation
shall consist of both a graphic portion and a written portion. The
graphic portion shall include a grading plan which illustrates, by
the use of contours or accompanying cross-sections, the proposed final
grades to be established on the area, and a map which illustrates
the proposed final condition of the area, including, but not limited
to, revegetated areas, drainage features and building sites. The written
portion shall set forth a description of the proposed method of rehabilitation,
including, but not limited to, specifics relative to: the disposition
of refuse, spoil, stock piles and personal property; the treatment
of haulageways and roads within the area; drainage and water control;
and grading and vegetation. The proposed plan of rehabilitation shall
also set forth in both graphic and written form, as hereinbefore described,
the amount and extent of rehabilitation to be performed before the
expiration of the permit applied for.
(2)
A duly acknowledged consent, in writing, of the owner of the premises
and mortgagee, if any, including his or their addresses.
(3)
Receipted tax bills or a photostatic copy thereof or a letter signed
by the Receiver of Taxes of the Town of Onondaga or by the Commissioner
of Finance of Onondaga County or by any title insurance, abstract
or searching company authorized to do business in Onondaga County,
certifying that all taxes and assessments against the property described
in the application have been paid.
(4)
The existing groundwater level at the location proposed for the sand
or gravel operation, when required by the Town Board.
B.
After reviewing the application, the
Town Board may require additional information or waive any of the
foregoing requirements where deemed necessary. All applications for
permits under this chapter shall be forwarded by the Town Board to
the Town of Onondaga Planning Board for review and a report and recommendation.
Within 30 days after the forwarding date, the Planning Board shall
submit its report and recommendation to the Town Board in writing.
If such Planning Board fails to report within such period of 30 days
or such longer period as may have been agreed by it and the Town Board,
the Town Board may act thereon without such report.
A.
No permit authorizing operations regulated by this chapter shall
be issued for the first time under this chapter until after a public
hearing by the Town Board in relation thereto, at which parties in
interest and citizens shall have an opportunity to be heard. Public
hearings shall not be held on renewals or amendments of permits previously
issued under this chapter unless the area covered by the renewal extends
beyond the area of operations previously authorized or unless the
operation is to be expanded during the renewal period in excess of
any limitations or conditions imposed by the Town Board in the original
permit. At least 20 days' notice of the time and place of such
hearing shall be published in the newspaper designated for official
Town notices.
B.
Notice of hearing before the Town Board shall be mailed to the Town
Enforcement Officer at least 15 days prior to date thereof. Before
the hearing, the Town Enforcement Officer shall investigate the facts
and circumstances relating to potential conformance with the regulations
prescribed herein, and submit his report thereon, in writing, to the
Town Board, which report shall, at the Board's discretion, be
read at the hearing or made available for public inspection during
the hearing. Nothing contained herein shall be deemed to limit the
powers conferred upon the Town Board, including its power to make
findings or to proceed if the Town Enforcement Officer fails to submit
a report within the time as provided, or otherwise.
[Amended 12-17-1979 by L.L. No. 5-1979]
A.
Permits may be issued or amended by the Town Board upon compliance
by the applicant with the provisions of this chapter and subject to
any additional conditions imposed by the Town Board. The original
permit so issued shall remain in effect until July 1 of the third
year following grant of the permit. Permits may be renewed thereafter
for successive periods of three years upon filing an application for
renewal in the form approved by the Town Board and payment of the
permit fee. Renewal permits shall not be issued to applicants who
are in default of the plan of rehabilitation, including the schedule
of progress, approved by the Town Board. When required by the Town
Board, the applicant, upon obtaining a renewal permit, shall furnish
an additional bond or security in an amount approved by the Town Board
as sufficient to ensure performance of the approved plan of rehabilitation.
[Amended 12-17-1979 by L.L. No. 5-1979]
A.
Before the issuance of a permit, the Town Board shall require the
applicant and the owner of record of the premises to execute and file
with the Town Clerk a surety company bond conditioned upon the faithful
and punctual performance of the work required to be performed by the
approval plan of rehabilitation on the area covered by the permit.
The amount of the bond shall be fixed by the Town Board but shall
not be less than the cost of completing the approved plan of rehabilitation
as estimated by the Town's engineers. In case of any default
or failure to perform the work required to be performed and to furnish
the materials required to be furnished by said approved plan of rehabilitation
at or before the times specified in the schedule of progress approved
in connection therewith or as specified in this chapter, such bond
shall be forfeited upon written notice of such default or failure
being mailed by certified mail, return receipt requested, to the permittee
at the address stated in the application and upon failure by the permittee
to cure such default within 60 days after the mailing of such notice.
The sixty-day notice of such default or failure of performance may
be given at any time after such default or failure of performance,
and no default or failure of performance shall be deemed waived or
excused by any delay or failure to mail notice thereof or by any subsequent
renewal of a permit under this chapter. If, in the case of default,
the amount of the bond is not sufficient to cover the cost of rehabilitating
the land affected by the sand or gravel operation, the permit holder
shall be liable for such additional cost.
B.
Said bond shall, by its terms and provisions, remain in full force
and effect for a period of two years after the issuance of a certificate
of completion by the Town Board or its authorized representative certifying
that the provisions of the approved plan of rehabilitation have been
complied with. When required by the Town Board, application for such
certificate shall be accompanied by a certification prepared by a
duly licensed professional engineer or land surveyor of the State
of New York certifying that topsoil or strippings have been respread
and that such area has been seeded in compliance with this chapter
and that the other conditions of the approved plan of rehabilitation
have been fulfilled.
C.
In lieu of such bond, a cash deposit or deposit of negotiable securities
may be made with the Supervisor of the Town, subject to the approvals,
conditions and forfeitures specified hereinabove in the case of a
bond.
D.
In the event of a transfer of the permit as provided in § 205-7B hereof, the bonding requirement shall remain the obligation of the original permit holder or owner, unless the new permit holder or owner shall either continue the existing bond by filing a certificate with the Town Board from the surety consenting to such continuance, or file a new bond or cash deposit in such amount as may be fixed by the Town Board.
E.
The form and terms of the bond shall be as prescribed by and subject
to the approval of the Town Board. It shall name the Town of Onondaga
as beneficiary, and its terms shall be such that the applicant as
principal shall agree to rehabilitate the affected land in accordance
with the rehabilitation plan and schedule submitted to and approved
by the Town Board and in accordance with the provisions of this chapter.
In addition, the bond shall provide that it shall not be canceled
by the surety without at least 30 days' notice to the Town of
Onondaga. If the bond is, for any reason, canceled by the surety,
the permittee shall provide a valid replacement within 30 days after
receiving notice thereof. Failure to provide a replacement bond or
acceptable substitute within such period shall be considered a violation
of the permit and may result in the immediate suspension or revocation
thereof.
F.
When the Town Board determines that the permittee has satisfactorily
completed rehabilitation, it shall release the bond except as hereinafter
provided. If the Town Board does not approve the rehabilitation, the
permittee and the surety will be so notified. Such notification shall
be given by certified mail and shall state the reasons for disapproving
the rehabilitation and shall contain suggestions and recommendations
for corrective action. Upon satisfactory completion of the corrective
action and approval of the rehabilitation, the Town Board shall release
the bond as described in this subsection. Approval of rehabilitation
may be withheld for a period not to exceed two years from the Town
Board's determination of compliance with the rehabilitation requirements
in order to verify the success of rehabilitation. A permittee may
request the Town Board to reduce the amount of the bond after completion
of rehabilitation on part or all of the affected land or when reducing
the area of affected land.
[Amended 12-17-1979 by L.L. No. 5-1979]
The permit fee shall be in an amount determined by resolution
of the Town Board and shall be paid at the time the application is
made and thereafter in the event of renewal. The Town, in addition
to the permit fee, may assess the applicant with the costs of advertising
the notice of hearing on such application and may make the issuance
of the permit conditional upon payment of same.
All sand and gravel operations licensed hereunder shall comply
with the following regulations:
A.
Unless specifically permitted by the Town Board, no operation referred
to in this chapter shall be conducted after 6:00 p.m. or before 6:00
a.m. nor at any time on any Sunday or on New Year's Day, Memorial
Day, July 4, Labor Day, Thanksgiving and Christmas, and during the
hours of operation, such shall be conducted without unnecessary noise.
These restrictions shall be waived in the event of a public emergency,
in which event sand or gravel may be drawn from existing stockpiles
or from bank or pit excavations when bank-run sand or gravel is adequate
to fulfill the requirements of the emergency.
B.
Whenever required by the Town Board as necessary for the protection
of the public, barriers consisting of wire fencing of the type known
as "chain link or cyclone fence," or other types of fencing, of such
height as shall be specified by the Town Board as necessary for the
protection of the public considering the particular circumstances
of the terrain and location, substantially erected and with no opening
except necessary gates for ingress and egress, shall be erected and
maintained to prevent public access to the area of any operation permitted
hereunder or any part thereof. All gates shall be closed and locked
at all times except during the working hours of such operation when
the permittee or his agent or employees shall be within.
C.
At no time shall any sand or gravel operation permitted herein be
conducted nearer to any property line or the boundary line of any
street, road, avenue or highway than the distance prescribed by the
Town Board in the permit granted hereunder.
D.
All operations permitted herein shall be conducted in a safe manner,
and all slopes shall be excavated and maintained at safe angles to
prevent collapse of upper grade surfaces above such slopes. Final
slopes shall not be inclined steeper than one foot vertical on 1 1/2
feet horizontal.
E.
A dust preventative layer shall be spread on private access roads
and other traveled roadways within every pit or excavation where required
to protect the public and the countryside against windblown sand and
dust.
F.
Topsoil or strippings removed in connection with operations regulated
by this chapter shall not be removed from the premises and shall be
preserved for use in connection with rehabilitation; provided, however,
that any excess topsoil or strippings may be removed. Excess is any
topsoil or strippings in excess of that required to allow a cover
of at least four inches over any area on which topsoil is required
to be respread by this chapter.
G.
Topsoil or strippings set aside and preserved for use in accordance with Subsection F of this section shall be respread upon the surface of the land from which sand and gravel have been removed. Areas which are laid out as streets, parking lots or areas to be occupied by buildings on a subdivision plot approved by the Town Planning Board may, in the discretion of the Town Board, be excepted from this requirement.
H.
Rehabilitation of lands affected by sand or gravel operations shall
be performed concurrently with such operations in accordance with
the plan of rehabilitation and schedule of progress approved by the
Town Board. In any event, rehabilitation shall commence within 30
days after termination of the permit without renewal, revocation of
the permit or cessation of operations, whichever shall first occur,
and shall be completed within two years, unless either such period
shall be extended, for good cause, by the Town Board. Unless the Town
Board shall determine otherwise, discontinuance of operations for
a period of 12 months shall be presumed to be a cessation of operations.
The permittee shall have the burden of rebutting the presumption and
shall produce for this purpose such records, maps and plans as the
Town Board shall require. Nominal or minimal operations performed
for the purpose of avoiding the provisions of this section shall not
defeat a determination by the Town Board that operations have been
discontinued.
[Amended 12-17-1979 by L.L. No. 5-1979]
I.
Access roads at all points, including but not limited to the entrance and exit thereof, shall be at least 200 feet from any existing residence or public building, except a residence situate within Plan A, as defined and set forth in § 205-5 of this chapter.
J.
All trucks hauling materials from any operation shall be loaded in
such a manner as not to spill materials on the public highways.
K.
All materials used as fill shall be free from garbage, refuse, offal,
combustible or any deleterious or unwholesome matter.
L.
All areas on which topsoil or strippings have been respread as required
hereinabove shall be prepared for and seeded with grass unless other
vegetation or planting with vines or other covering is specified in
an approved plan of rehabilitation.
M.
No pit excavation shall be made unless provisions for the prevention
of any accumulations of water are made, except that a settling pit
may be maintained in connection with a washing process.
N.
No removal of earth from the ground shall be so made as to undermine,
weaken or deprive of support other lands in the vicinity, or to substantially
obstruct, impede or change the course of or the natural movement or
flow of surface water therein, or to otherwise adversely affect, any
public waterway or public body of water or any waterway or body of
water which is used as a part of any public drainage system.
O.
All facilities for the crushing, screening, washing or processing
of sand or gravel shall at all times be located only in the areas
approved by the Town Board.
If the Town Board shall determine upon the request of an applicant
for a permit that no substantial rehabilitation of the premises will
become necessary as a result of the proposed operations, or on any
application pertaining to an operation in existence at the time of
enactment of this chapter, or whenever the applicant shall satisfy
the Town Board that hardship or practical difficulty shall exist,
the Town Board, in its discretion, may waive any or all of the requirements
of this chapter by resolution of the Town Board, and the Town Clerk
shall then issue the permit at the direction of the Town Board.
A.
The holder of a permit to conduct a sand or gravel operation may
cause the outside perimeter of the premises on which the sand or gravel
operation is conducted to be posted with appropriate notices having
dimensions of not less than 11 inches square containing the following
language:[1]
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"No trespassing — these premises are licensed pursuant
to a local law of the Town of Onondaga regulating sand and gravel
operations. Unauthorized entry upon these premises constitutes an
offense punishable by a fine not exceeding $1,000 or imprisonment
for not more than one year, or both."
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B.
Such notice shall be posted not farther apart than 300 feet and shall
be posted adjacent to and on both sides of each entrance into the
premises on which such operation is being conducted.
C.
No person other than those lawfully engaged in the operations thereon,
or the Town Enforcement Officer, or any authorized Town representative
shall enter on any premises posted as prescribed herein and for which
a permit has been issued in accordance with the provisions of this
chapter.
Whenever a violation of this chapter occurs, any person may
file a complaint in regard thereto. All such complaints must be in
writing and shall be filed with the Town Enforcement Officer who shall
investigate the same and report thereon to the Town Board.
A.
Any and every violation of the provisions of this chapter by any
person who knowingly permits, takes part or assists in any such violation
shall be deemed to be an offense against such local law, punishable
by a fine not exceeding $1,000 or imprisonment for not more than one
year, or both. Each day's continued violation of this chapter
after written notice thereof shall constitute a separate additional
violation. Such fines or penalties shall be collected as like fines
are now by law collected.[1]
B.
In addition to above-provided penalties and punishment, or in lieu
thereof, the Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this
chapter.
If the Town Enforcement Officer, or any authorized representative
of the Town of Onondaga, finds that any sand or gravel operation permitted
hereunder is not being conducted in accordance with the provisions
of this chapter, such facts shall thereupon be reported to the Town
Board, and said Town Board may direct that an order, in writing, be
served upon the holder of the permit, directing that the conditions
therein specified be remedied within five days after date of service
of such order. If such conditions are not corrected after the expiration
of said five-day period, the Town Board may cause a notice, in writing,
to be served upon the holder of said permit requiring the holder of
said permit to appear before the Town Board of the Town of Onondaga
at a time to be specified in such notice and show cause why such permit
should not be revoked or suspended. The Town Board may, after a hearing
at which testimony of witnesses may be taken and the holder of the
permit shall be heard, revoke or suspend such permit if said Town
Board shall find that said sand or gravel operation is not being conducted
in accordance with the provisions of this chapter, or for other sufficient
cause. Upon the revocation or suspension of such permit, the holder
of such permit shall forthwith comply with the terms of such order
of revocation or suspension.
[Amended 11-21-1994 by L.L. No. 4-1994]
This chapter shall not be construed as a special exception or special use permit provision or in any way part of Chapter 285, Zoning, of the Code of the Town of Onondaga.
