A.
The Mining/Excavation Overlay District provides a means of authorizing
mining and/or excavation activities within the community, and minimizing
potential adverse impacts from such activities.
B.
MINERAL
MINE SITE
MINING
OVERBURDEN
RECREATIONAL POND
Definitions. The following terms shall have the meanings indicated
for purposes of this article:
Any naturally formed, usually inorganic, consolidated or
unconsolidated material located on or below the surface of the earth.
For purposes of this section, peat and topsoil shall be considered
minerals.
The parcel of land where mining occurs.
The extraction, removal or relocation of topsoil, overburden
and/or minerals from the earth including but not limited to the preparation
and processing of minerals, including any activities or processes
or parts thereof for the extraction or removal of minerals from their
original location and the preparation, washing, cleaning, crushing,
stockpiling or other suitable processing of minerals at the mine location
so as to make them suitable for commercial, industrial, or construction
use; the removal of such materials through sale or exchange, or for
commercial, industrial or municipal use; and the disposition of topsoil,
overburden, tailings and waste at the mine site. Mining shall not
include (1) the excavation, removal and disposition of minerals from
construction projects, except for activity which will result in the
creation of water bodies or erosion/sedimentation control structures,
(2) or excavations in aid of agricultural use.
All of the earth, vegetation and other materials which lie
above or alongside a mineral deposit.
Any body of water, natural or man-made, located on a site
for the principal purpose of aesthetic or recreational uses.
C.
General guidelines. No excavation and/or mining shall be conducted
within the Town of Lewiston except:
(1)
In conformity with this section, in a Mining/Excavation Overlay
District as approved by a zoning change by the Town Board pursuant
to the amendment process of this chapter.
(2)
Upon issuance of a site plan approval and where required, of
subdivision approval
(3)
Upon providing proof of issuance of all required federal and
state permits.
D.
Applications for excavation and mining activities shall include all
submittals required for zoning amendments, site plan approvals, and
any other provision of the Town Code applicable to the proposed project.
Nothing in this section shall be deemed a waiver of any other requirement
under the Town Code.
E.
Process. The process to have lands rezoned to the Mining/Excavation
Overlay District is hereby broken into two different processes for
the two types of mining/excavation that can be proposed; projects
requiring a permit under 6 NYCRR Part 420, and those project not requiring
this permit (and do not meet the exemption requirements of this chapter).
(1)
Projects requiring a permit under 6 NYCRR Part 420.
(a)
A preapplication meeting shall be scheduled with the Code Enforcement
Officer to discuss the project and to receive required applications
and forms. The Code Enforcement Officer may determine that the application
is proposed in an area that prohibits rezoning to mining/excavation
and therefore, application cannot be made.
(b)
A rezoning application in accordance with the Town rezoning
process requirements needs to be submitted to the Town along with
required Site plan application and materials. If the project would
require subdivision approval, then a subdivision application must
also be submitted.
(c)
Since the New York State Department of Environmental Conservation
regulates mining through a permit process contained in 6 NYCRR Part
420 and the NYSDEC is SEQR Lead Agency for these types of projects,
the applicant must concurrently apply for their New York State permit
with their application process to the Town.
(d)
The application will be coordinated between the Town Board and
Planning Board in accordance with Town Law, but time frames for actions
shall not begin until the SEQR process is completed.
(e)
The NYSDEC, through the SEQR and mining permit process will
coordinate their reviews of the project with the Town of Lewiston.
(f)
The Town of Lewiston, through their rezoning and site plan processes
(Planning Board and Town Board meetings, public hearings, etc.) will
provide input to the NYSDEC on such issues as:
(g)
Once the NYSDEC completes the SEQR process (negative declaration
or positive findings), the Town of Lewiston will make its decision
on the rezoning based on the results of the SEQR process and the projects
conformance with the Comprehensive Plan and the requirements/criteria
of this law.
(h)
If the Town decides to rezone the lands, conditions of the rezoning
can include such things as the following:
[1]
Ingress and egress conditions for access to Town of Lewiston
roads.
[2]
Routing of trucks on Town of Lewiston Roads.
[3]
Conditions relating to conditions in the NYSDEC mining permit
relating to setbacks, dust control, and hours of operations.
[4]
Enforcement conditions relating to NYSDEC's reclamation requirements.
(i)
If rezoning is received, the applicant will complete any other
required approvals in the Town including site plan, subdivision, variances,
etc.
(2)
Projects not requiring a permit under 6 NYCRR Part 420, and
not being an exempt action under this chapter.
(a)
A preapplication meeting shall be scheduled with the Code Enforcement
Officer to discuss the project and to receive required applications
and forms. The Code Enforcement Officer may determine that the application
is proposed in an area that prohibits rezoning to mining/excavation
and therefore, application cannot be made.
(b)
A rezoning application in accordance with the Town rezoning
process requirements needs to be submitted to the Town along with
required site plan application and materials. If the project would
require subdivision approval, then a subdivision application must
also be submitted.
(c)
The Town shall follow the rezoning process in this chapter,
and will complete the SEQR process with the Town Board acting as SEQR
Lead Agency.
(d)
Once the SEQR process is complete, the Town can move forward
with the rezoning decision.
(e)
A rezoning decision may include conditions relating to, but
not limited to, the following issues:
F.
Criteria for rezoning decision. The following are the major criteria
that will be used in evaluating whether a mining/excavating overlay
rezoning application will be approved:
(1)
A mining/excavation overlay shall not be placed over any lands
zoned as follows:
(2)
The rezoning to this overlay shall be in accordance with the
Town of Lewiston's Comprehensive Plan and all of its updates.
(3)
Impacts to public infrastructure: roads, water, sewer, drainage,
etc. The use of Town highways for hauling materials off the site is
prohibited unless authorized by the Town Board.
(4)
A Mining and excavation overlay shall not be located within
500 feet of a residential dwelling (not associated with the subject
property), a school, church or similar place of assembly.
(5)
Mining/excavation shall not be allowed on steep slopes (> 10%),
wetlands and other environmentally sensitive areas.
(6)
A mining and excavation overlay shall not be allowed in the
Niagara River Overlay area or within any stream corridor overlays.
G.
Exemptions. The following activities are exempt from the provisions
of this section:
(1)
The construction of a building or part thereof pursuant to a
valid building permit, or construction/replacement/repair of a septic
system;
(2)
The regrading (including excavating) or filling of land where
such activity will involve less than two cubic yards per thousand
square feet of gross lot area, or 60 cubic yards of material, whichever
is less, at a site over a period of 12 successive calendar months,
provided such work does not cause a danger of surface waters flooding
adjacent property and no stream, watercourse or floodway is filled
or diverted from its course;
(3)
Detention basins or other drainage improvements intended to
temporarily hold water after storm events;
(4)
A recreational pond not greater than one-third of an acre or
10% of total lot in total surface area, whichever is lesser, on a
lot of not less than two acres, with setbacks of at least 50 feet
from street lot lines and side lot lines, and slopes no greater than
one foot vertical to three foot horizontal for any bank continuous
to the toe of the slope. Recreational ponds qualifying for this exemption
shall obtain a building permit;
(5)
Filling in of an abandoned swimming pools, basements, and foundations
to existing grade;
(6)
Movement and/or storage of materials where such materials were
not excavated on-site, nor will remain on-site, but rather are materials
stored on-site for sale, or for use at other sites.
H.
Expansion. If any mine, excavation or pond is proposed for expansion,
the requirements of this section shall apply to the application for
such expansion, unless the mine, excavation or pond, after expansion,
shall qualify for one of the exemptions to this article.
I.
Fees. Reasonable fees shall be set by the Town of Lewiston to process
the mining/excavation overlay rezoning application (in addition to
the standard rezoning fee, subdivision fee and site plan fee). This
rezoning (mining/excavation overlay) shall also carry with it a yearly
fee (for as long as the mining or excavation takes place) to inspect
the site and operations to ensure conformance to standards and mitigation
placed on the project.
