[HISTORY: Adopted by the Town Board of the Town of Schroeppel 10-3-1988 by L.L. No.
7-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 95.
This chapter shall be known as the "Town of Schroeppel Mining
Law."
A clean, attractive environment is declared to be of importance
to the health, safety and general welfare of the inhabitants of the
Town of Schroeppel and the safeguarding of their material rights and
property against unwarrantable invasion. Such an environment is deemed
essential to the maintenance and continued development of the economy
of the Town of Schroeppel and the general welfare of its citizens.
It is further declared that the unrestrained excavation of sand, gravel
and earth resulting in steep banks and cliffs, deep pits and potential
accumulations of water which cannot be drained away is a hazard to
the health, safety and welfare of the inhabitants of the Town of Schroeppel
necessitating the regulation and restraint thereof. At the same time,
it is recognized that the extraction of sand and gravel is a useful
and necessary business in conjunction with the continued growth and
development of the Town of Schroeppel and surrounding areas and should
be encouraged when not in conflict with zoning purposes[1] and the provisions of this chapter.
As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings indicated:
The area of land from which overburden is to be or has been
removed or upon which a spoil bank is to be or has been deposited;
or lands disturbed by the construction or improvement of haulageways
to or from a mine; or lands disturbed by storage areas, repair areas,
shipping areas and areas in which equipment, machinery, tools or other
personal property is situated.
The angle between the slope of the excavation bank and a
horizontal line at the base of the bank extended to the bank.
That person making application to the Town Board for a permit
to mine and who is responsible for fulfilling the requirements of
the reclamation plan as stipulated in this chapter.
Rock fragments, sand, silt, earth or organic matter in a
heterogeneous mass; or the silt, sand and gravel generally associated
with hydraulic mining commonly referred to as tailings, slums or slickens;
or any loose material caused by a shot, fall, smash or explosion;
or any accumulation of rubble resulting from a mining activity.
Any road within the permitted area which receives substantial
use and which has been constructed or improved by the operator or
permittee. Trails or paths between parts of a mine shall not be considered
haulageways.
Any pits or underground workings from which any mineral is
produced for sale, exchange, commercial or municipal use and all shafts,
slopes, drifts or inclines leading thereto, and includes all equipment
above, on or below the surface of the ground used in connection with
such mines.
The applicant's written proposal for accomplishing land
use objectives on the affected land, including maps or other documents
as required to describe the areas to be mined, as well as a description
of the ground surface. The "mined land use plan" shall also include
mining plans, reclamation plans, physiographic features and illustrative
land use maps.
Aggregate, cement rock, clay, coal, curbing, dimension stone,
dolostone, emery, flagstone, garnet, gemstones, gravel, gypsum, iron,
lead, limestone, marble, marl, metallic ore, paving blocks, peat,
riprap, roadstone, salt, sand, sandstone, shale, silver, slate, stone,
talc, titanium, trap rock, wollastonite, zinc or any other solid material
or substance of commercial value found in natural deposits in or on
the earth.
The extraction or removal of minerals from the ground or
the breaking of the surface soil in order to facilitate or accomplish
the extraction or removal of minerals, including any activities or
processes or parts thereof for extraction or removal of minerals from
their original location, but shall not include the preparation, washing,
cleaning or other processing of minerals at the mine location so as
to make them suitable for commercial, industrial or construction use
and shall not include excavation or grading when conducted solely
in aid of on-site farming or construction. Removal of limited amounts
of overburden and mining of limited amounts of any minerals shall
not be considered as mining when done only for the purpose of extracting
samples or specimens for scientific purposes, or only for the purpose
and to the extent necessary to determine the location, quantity or
quality of any mineral deposit so long as no minerals removed during
exploratory excavation are sold, processed for sale or consumed in
the regular operation of a business.
Any owner, lessee or other person who operates, controls
or supervises a mining operation. The operator may or may not be the
applicant for a mining permit or the permittee.
All of the earth and other materials which lie above or alongside
natural mineral deposits, and includes all earth, soil and other materials
disturbed from their natural state in the process of mining, exclusive
of the mined minerals.
The person who has title to the mineral deposits on any given
tract of land and who has the right to extract minerals for sale and
to appropriate the minerals he extracts therefrom either for himself
or others or for himself and others.
Any person who has been issued and who currently holds a
valid permit to mine from the Town Board.
Any individual, public or private corporation, political
subdivision, government agency, department or bureau of the state,
municipality, industry, partnership, association, firm, trust, estate
or any other legal entity whatsoever.
The conditioning of areas affected by mining to make them suitable for any uses or purposes consistent with those stated in § 62-6 of this chapter.
The applicant's written proposal for reclamation of
the affected areas, including land use objectives, maps or other documents
as required to describe reclamation and, where relevant, grading specifications
and manner and type of revegetation.
That material which is considered worthless or useless and
has been or is to be rejected or discarded.
Any waste material removed from its natural place in the
process of mining; and all waste material directly connected with
the cleaning and preparation of any minerals.
The accumulation of spoil or underground refuse piled outside
of the underground workings; or the place on the surface where spoil
is piled; or the material commonly known as "soil heap."
The extraction of mineral deposits lying near the surface
of the earth by means of removing the overburden above the deposits
in rows or strips, such process normally being moved from place to
place and not involving the extraction of minerals at the same location
over a substantial period of time.
The extraction of minerals by means other than strip mining,
but excluding the extraction from beneath the surface of the earth
of minerals to which access is gained by wells, shafts, slopes, drifts
or inclines penetrating or connected with excavations penetrating
mineral seams or strata.
The parts, or a part, of any incoherent solid or fluid material
separated as refuse, or separately treated as inferior in quality
or value, such as remainders, leavings or dregs; or the gangue and
other refuse material resulting from the washing, concentration or
treatment of ground ore; or those portions of washed ore that are
too poor to be treated further, used especially for the debris from
ore dressing machinery, as distinguished from material to be smelted;
or the inferior leavings or residue of any product, foots or bottoms;
or the residuum after most of the valuable ore has been extracted.
Any operation which removes minerals by means of shafts,
slopes, drifts or inclined planes and transports the mined material
to one or more points outside of the excavation.
The barren rock or gangue in a mine; or that part of the
ore deposit that is too low in grade to be of commercial value under
existing economic and technological conditions; or any part of a mined
material which is of no further utility to the particular process
involved.
A.Â
It shall be unlawful after enactment of this chapter for any operator
who mines 1,000 tons or less of minerals from the earth within 12
successive calendar months to engage in such mining unless a permit
for such mining operation has been first obtained from the Town Board
as provided in this chapter.
B.Â
Permits pursuant to this chapter may be obtained for a one-year period
only.
D.Â
Applications shall contain the following information:
(1)Â
The common or commercial name and the geological description, where
applicable, of the minerals to be extracted.
(2)Â
An estimate of the number of surface acres of land that will be affected
by mining.
(3)Â
Except with respect to underground mining operations, the name and
address of the surface landowner.
(4)Â
The name and address of the owner of the mineral to be mined.
(5)Â
The permanent and temporary addresses of the applicant.
(6)Â
The identification number of any mining permit now held by the applicant.
(7)Â
If the applicant is a corporation, the name and address of the chief
executive officer thereof.
(8)Â
Specification of such circumstances if the applicant has ever had
a mining permit issued under the laws of this state revoked or has
ever had a reclamation bond or security deposited in lieu of bond
forfeited.
(10)Â
Such additional information as the Town Board may require.
E.Â
Upon approval of the application by the Town Board and receipt of the reclamation bond or an appropriate substitute as provided in § 62-7 of this chapter, a permit shall be issued by the Town Board. The Town Board may include in permits such conditions as may be required to fulfill the purposes of this chapter.
F.Â
A permit issued pursuant to this chapter or a certified copy thereof
must be publicly displayed by the permittee at the mine and must at
all times be visible, legible and protected from the elements.
G.Â
A permit issued pursuant to this chapter is not transferable.
H.Â
A permittee may make written request to the Town Board for the modification
of an existing permit. The request shall be accompanied by a fee and
a bond or appropriate substitute in an amount as established by separate
resolution of the Town Board as required under the provisions of this
chapter.[2]
[Amended 3-4-2004 by L.L. No. 2-2004]
[2]
Editor's Note: The current fee schedule is on file in
the Town Clerk's office.
I.Â
A permittee may make written request to the Town Board to renew a
mining permit. A request for a renewal shall be accompanied by a fee
of $100.
J.Â
The Town Board may suspend or revoke a permit to mine for repeated or willful violation of any of the terms of the permit or provisions of this chapter or for repeated or willful deviation from those descriptions contained in the mined land use plan as set forth in § 62-5 of this chapter. The Town Board may refuse to renew a permit upon a finding that the permittee is in repeated or willful violation of any of the terms of the permit or of this chapter.
K.Â
Nothing in this chapter shall be construed as exempting any person
from the provisions of any other law or regulation requiring a permit.
L.Â
Notwithstanding any other provision of law, counties, cities, towns
and villages shall be exempted from the fees for the permit, application,
amendment and renewal required by this chapter.
A.Â
Every applicant for a permit pursuant to the provisions of this chapter
shall submit a mined land use plan. The mined land use plan shall
consist of a mining and reclamation plan to include both graphic and
written descriptions illustrating the following items as they affect
the surface:
B.Â
The description required in Subsection A(1) and (2) of this section above shall be presented on a United States Geological Survey Map or the equivalent as may be approved by the Town Board on such scale as the Town Board may require. If such equivalent map is utilized, it shall be prepared by an engineer, geologist or licensed land surveyor. Such equivalent map shall show contours, existing streams, rivers, lakes, roads or other relevant geographical or cultural features, be scaled to measurements in feet, be prepared in a neat, legible manner and contain a title block or legend in such form as the department may prescribe.
C.Â
The description required in Subsection A(3) of this section above shall indicate any area of existing and proposed excavation, area of existing and proposed settling pond and washing plant facility, area of existing and proposed treatment facilities, area of proposed mineral storage area, area of existing or proposed spoil banks and area proposed for stockpiling overburden or topsoil. Such description of the mining method to be used shall also indicate:
(1)Â
The proposed screening of all storage areas within the boundaries
of the permitted area so as to confine dust and flying particles to
the permitted area.
(2)Â
The sequence of cuts or excavations to be made in the surface when
they affect the reclamation plan.
(3)Â
The location of haulageways to and from the operation to minimize
intrusions into residential areas, and shall include specifics regarding
the treatment of such haulageways to minimize dust.
(4)Â
Planned drainage and water control for all affected areas so as to
reduce to a minimum soil erosion damage to adjacent lands.
D.Â
The mined land use plan shall be subject to the following minimum
conditions:
(1)Â
Hours of operation. No operations shall be commenced or carried on
in any excavation before 6:00 a.m. local time or continued after 6:00
p.m. local time or at anytime on Sundays or legal holidays.
(2)Â
Fencing. All excavations shall be protected by fencing, barriers
or other protective devices, as may be required by the Town Board.
(3)Â
Vehicles entering public highways. The driver of any vehicle leaving
the site of an excavation shall, before entering upon any public street
or highway, bring the vehicle to a full stop and yield the right-of-way
to all vehicles approaching on such highway.
(4)Â
Setback lines.
(a)Â
Setback line from highway. No pit excavation shall be commenced,
carried on or continued within 200 feet of any public highway right-of-way.
(5)Â
Bank excavations. The bottom on any bank excavation shall not be
dug to a point lower than will permit the natural flow and drainage
of all water therefrom into existing channels without artificial means
of discharge.
(6)Â
Pit excavations. No pit excavation shall be carried on so that any
water accumulates in the bottom thereof. In the case of existing accumulations
of water, no earth removal operations shall be carried on until such
holes have been filled with earth and the accumulations of water eliminated,
with the exception of agricultural improvements and uses, including
fire ponds.
(7)Â
Angle of repose. The angle of repose shall not exceed 45° except
with express permission of the Town Board.
(8)Â
Final bottom of excavation. The final bottom of the excavation shall
be substantially smooth and graded without any accumulations of debris,
trees, boulders, rocks, hardheads or clay mounds or any other conditions
which would limit such lands from being used for some possible future
useful purpose.
E.Â
After approval of the mined land use plan or any amendment thereof
by the Town Board, the permittee shall not deviate or depart therefrom
without the Town Board's written approval.
A.Â
A reclamation plan required by this chapter shall consist of two parts. Part one thereof shall be a reclamation map prepared on the same basis as the mined land use plan map described in § 62-5, showing the proposed final stage of reclamation. Part two thereof shall be a written description of the planned reclamation method indicating whether lands are proposed for development for farming, pasture, forestry, recreation, industrial, commercial, residential or solid waste disposal purposes or other uses acceptable to the Town Board.
B.Â
The reclamation plan shall indicate specifics covering revegetation,
disposal of debris, refuse, tailings, waste or spoil; planned water
impoundments; and grading plans.
C.Â
The reclamation plan, where possible, shall provide for orderly,
continuing reclamation concurrent with mining operations, and all
of the reclamation work shall be completed in accordance with the
schedule accepted or designated by the Town Board. The permittee shall
file periodic reports within such times as the Town Board shall require
showing the areas for which reclamation has been completed. The Town
shall inspect such areas and notify the permittee whether the reclamation
is accepted as being in accordance with the approved plan or whether
there are deficiencies which must be corrected. Unless the Town Board
specifies otherwise, the permittee shall file an annual report in
the manner prescribed by the Town Board indicating the degree of reclamation.
A.Â
As a condition precedent to the issuance of any permit, the applicant,
where required, shall furnish a bond or appropriate substitute as
hereinafter provided acceptable to the Town Board conditioned upon
the performance of the applicant's reclamation responsibilities
with respect to the mine and naming the state as beneficiary.
B.Â
The amount of the bond required shall be determined by the Town Board
based on the information contained in the permit application and upon
such information as an investigation by the Town Board may disclose.
C.Â
The form and terms of the bond shall be as prescribed by the Town
Board. It shall be signed by the applicant as principal and by a good
and sufficient corporate surety licensed to do business as such in
the State of New York.
D.Â
If the bond shall for any reason be canceled by the surety, within
30 days after receiving notice thereof, the permittee shall provide
a valid replacement under the same conditions as hereinabove described.
Failure to provide a replacement bond within such period may, at the
discretion of the Town Board, result in the immediate suspension of
the mining permit by the Town Board.
E.Â
If, after notice and hearing relative thereto, the Town Board determines
that the permittee is in violation of the reclamation requirements
relative to the mine, it may suspend the permit, and, if the permittee
does not commence corrective measures within 15 days after notice
of determination, the Town Board shall revoke the permit. In such
event, the Town Board may thereupon call upon the surety to complete
the reclamation as provided for in the bond. In case of default of
such completion by the surety, the Town Board may, at its option,
proceed to complete the work, either by day work or contract. In the
latter event, the cost of completing the unfinished work shall be
the personal liability of the permittee, and the bond or substitute
and the materials, machinery, implements and the tools of every description
which may be found at the mine or other assets of the permittee shall
be subject to a lien of the Town Board for the amount expended for
such work and shall not be removed without the written consent of
the Town Board. Such lien may be foreclosed by the Town Attorney in
the same manner as a mechanic's lien.
F.Â
Whenever a permittee shall have completed all requirements under
the provisions of his permit as to any affected land, he shall notify
the Town Board thereof. If the Town Board determines that the permittee
has satisfied the requirements of the reclamation plan, the Town Board
shall release the permittee from further obligations regarding such
affected land. The release of liability under the surety bond shall
be based upon faithful compliance by the permittee of all requirements
relating to the reclamation of land affected by mining. A two-year
period shall be allowed after completion of mining operations to complete
the reclamation of an area affected by mining, unless the Town Board
shall deem it in the best interests of the people of the state to
allow a longer reclamation period. At the discretion of the Town Board,
the permittee shall be able to secure a release of a portion of the
bond for acreage which he has reclaimed or a release of the full amount
of the bond less the amount necessary to complete reclamation for
acreage partially reclaimed.
G.Â
Upon the approval of the Town Board, in lieu of such bond, the applicant
may deposit cash or negotiable bonds of the United States government
of like amount in an escrow account conditioned upon the performance
of said applicant's reclamation responsibilities with respect
to said mine or furnish security of equal value acceptable to the
Town Board. Any interest accruing as a result of the aforementioned
escrow deposit or acceptable security shall be the exclusive property
of the permittee.
H.Â
The aforementioned bonding requirements shall remain the obligation
of the original permittee regardless of changes in permittees unless
a subsequent permittee has furnished the appropriate bond or substitute
as herein provided acceptable to the Town Board and there has been
an approval for the transfer of the reclamation obligation to the
subsequent permittee by the Town Board.
I.Â
Political subdivisions or municipalities of the state are exempted
from the bonding requirements of this section.
For the purpose of this chapter, only the location of existing
mines shall be considered approved where located and the owner thereof
deemed suitable for the issuance of a permit. This provision shall
not be deemed to cure or eliminate the violation of any other applicable
ordinance, rule, regulation or local law or statute. Within 120 days
from the passage of this chapter, the owner shall have conformed his
operations to the requirements of this chapter. Extenuating circumstances
may be considered by the Town Board.
No mine shall be abandoned or discontinued without having fully
complied with the provisions of this chapter.
It shall be the duty of the Building Inspector to enforce the
provisions of this chapter.
A.Â
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment.
B.Â
Any person committing an offense against any provision of this chapter
shall also be subject to a civil penalty in the amount of $100 for
each offense, enforceable and collectible by and in the name of the
Town, such penalty to be collectible for each day that such violation
shall continue.
C.Â
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
D.Â
In addition to the above-provided penalties, 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.
