[Added 8-7-2013 by L.L.
No. 2-2013]
It is hereby declared to be the policy of the Town of Sullivan
to site, regulate and control the use of land utilized for mining
purposes, to the extent allowed under Title 27 of the New York State
Environmental Conservation Law, and to promote the following legitimate
public and Town purposes:
A.
Protect the health, safety and general welfare of the residents of
the Town of Sullivan.
B.
Establish predictability in the siting and regulation of mining activities.
C.
Avoid potential damage to adjacent properties from a mining facility
by imposing mining standards and setback requirements.
D.
Ensure harmony and compatibility with surrounding land use patterns.
A.
These regulations shall apply to all mining activities resulting
in the physical removal of gravel, topsoil, sand and rock in excess
of 100 cubic yards in a consecutive twelve-month period from any parcel
located within the Town of Sullivan. Pursuant to the requirements
of New York State Law (New York State Mined Land Reclamation Law),
as subject to their amendment, a permit is required by the New York
State Department of Environmental Conservation for mining activities
for operations with extraction volumes equal to or greater than 1,000
tons or 750 cubic yards of materials within 12 consecutive calendar
months. The regulations contained in this article shall be interpreted
to supplement New York State Department of Environmental Conservation
mining regulations, where permissible, and to regulate mining uses
not otherwise regulated by the New York State Department of Environmental
Conservation. This article shall not be interpreted to permit or allow
gas drilling or exploration in any zoning district in the Town of
Sullivan.
B.
Further, this article shall serve as a resource and guide for any
required response to a solicitation or request from New York State
Department of Environmental Conservation relating to a proposed permit
sought or applied for pursuant to Environmental Conservation Law Article
23, Title 27. The responding Town official/board may utilize this
article as a part of its response to the New York State Department
of Environmental Conservation in such circumstances.
The following activities are exempt from this article:
A.
Any normal building activity occurring on site that has a permit
issued by the Town, county or state, such as, but not limited to,
residential or commercial construction, subdivision development, swimming
pools, septic systems or dredging of waterways;
B.
Accepted agricultural practices and activities within farm parcels
or between farm parcels of common ownership;
C.
Landscaping connected to an approved project; and
D.
Any Town highway department sponsored activity or repair.
The following terms shall have the following meanings for purposes
of this article:
All roads utilized for mining purposes, together with that
area of land over which material is transported, that are located
within the permitted area.
Any excavation from which a mineral is to be produced for
sale or exchange, or for commercial, industrial or municipal use;
all haulageways and all equipment above, on or below the surface of
the ground used in connection with such excavation, and all lands
included in the life of the mine review by the New York State Department
of Environmental Conservation.
Any naturally formed, solid material located on or below
the surface of the earth. For the purpose of this article, peat and
topsoil shall be considered minerals.
The extraction of overburden and minerals from the earth;
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, storage, stockpiling or other processing of minerals at
the mine location (or elsewhere) so as to make them suitable for commercial,
industrial or construction use; exclusive of manufacturing processes,
at the mine location (or elsewhere); the removal of such materials
through sale or exchange, or for commercial, industrial or municipal
use; and the disposition of overburden, tailings and waste at the
mine location (or elsewhere). "Mining" shall not include the excavation,
removal and disposition of minerals from construction projects, the
creation of water bodies, or excavations in aid of agricultural activities.
For purposes of required setbacks, "mining activity" shall
be defined as the actual area of physical extraction of minerals from
a mine, any processing or refining of same, but shall not include
haulageways, fencing, buffer areas or reclamation areas.
A description of the applicant's mining operation which shall
include maps, plans, written materials and other documents required
by the New York State Department of Environmental Conservation, as
amended.
All of the earth, vegetation and other solid materials which
lie above or alongside a mineral deposit.
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 the affected land to make it suitable
for any uses or purposes consistent with the provisions of the New
York State Environmental Conservations Law, as amended.
A description of operations to be performed by the applicant
for a mining permit to reclaim the land to be mined over the life
of the mine. The reclamation plan shall include maps, plans, the schedule
for reclamation, written material and other documents as required
by the New York State Department of Environmental Conservation, as
amended.
A special use permit granted pursuant to the criteria established herein and upon the findings set forth for the granting of a special use permit in Article V of this chapter.
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.
Material of inferior quality or value resulting from the
removal, preparation or processing of minerals.
A.
All mining operations subject to special use permit. No person shall
do, conduct, perform, or engage in any mining, or operate a mine,
within the Town of Sullivan on or after the effective date of this
article where mining is a designated specially permitted use, except
as hereinafter declared and except in compliance with the provisions
of this article and upon the issuance of a special use permit. Mining
shall be permitted only in such specific districts within the Town
as hereinafter provided in this section. A proposed mining operation
not designated as a specially permitted use herein is not permitted
and shall require the granting of a use variance by the Town of Sullivan
Zoning Board of Appeals.
B.
Designation of districts where mining may occur. Mining that is otherwise subject to the issuance of a permit by the New York State Department of Environmental Conservation pursuant to ECL Article 23, Title 27, shall be allowed subject to the issuance of a special use permit by the Town of Sullivan Planning Board and only upon the standards for the granting of a special use permit as set forth in Article V of this chapter, along with any additional requirements herein, only in districts zoned industrial, but not in any other zoning district. All other mining operations (those mining below the thresholds established by the New York State Department of Environmental Conservation) may only occur upon the issuance of a special use permit from the Town of Sullivan Planning Board and only in Industrial and Agricultural Districts pursuant to this article and Article V of this chapter.
C.
Additional zoning standards. All such mining activities may only
occur on parcels in the above designated districts and shall have
the following minimum characteristics:
(1)
A minimum of 50 acres of contiguous land area (contiguous area of
land shall not include parcels separated by a public roadway or street);
(2)
Demonstration that the distance from the nearest residence (i.e.,
house/home, not property line) to the actual location of the proposed
mining activity (not property line) will be at least 500 feet.
A.
Applications that meet the threshold of the Mined Land Reclamation Law (MLRL) will be submitted to the Town Planning Board concurrently with application to the New York State Department of Environmental Conservation. Where applicable, all application materials will first be reviewed by the Town's Code Enforcement Officer for completeness. For applications relating to the associated issuance by the New York State Department of Environmental Conservation of a permit pursuant to the MLRL, the Town Board shall schedule a public hearing in order to receive public comment prior to providing input to the New York State Department of Environmental Conservation, acting as the lead agency for State Environmental Quality Review (SEQR) and its agency review of the mining application. The purpose of the public hearing held by the Town Board is to obtain input from the public prior to the Town's response to the New York State Department of Environmental Conservation regarding the proposed request for a mining permit from the New York State Department of Environmental Conservation. Thereafter, the Town Planning Board shall hold a separate public hearing following receipt by the Town of the New York State Department of Environmental Conservation's findings and determination for purposes of consideration of the special use permit requested of the Town. The Town Planning Board shall then act to grant, grant with conditions, or deny the application pursuant to the standards set forth herein and for the granting of a special use permit in Article V, § 275-9, of this chapter. For purposes of public notification, the Town shall post any notice of public hearing on the Town's website at least five days prior to the public hearing(s) and shall mail a copy of the public hearing notice(s) to the owners of property adjacent to the subject land (including those separated by roadways) at least five days prior to said public hearing.
B.
Applications for mining activities requiring only local action will be submitted through the Code Enforcement Officer to the Planning Board for special use permit review and determination and shall be subject to the standards set forth herein and in Article V, § 275-9, of this chapter. A public hearing for such applications shall be held by the Planning Board prior to taking action. The Planning Board may act to grant, grant with conditions or deny the application pursuant to the standards set forth herein and for the granting of a special use permit in Article V, § 275-9, of this chapter.
C.
Contents of application. A complete application for a mining activity
use will include the following: (NOTE: The scope and location of the
individual project may require additional documentation. Initial meetings
of the reviewing board will determine whether/what additional requirements
may be necessary.)
(1)
A scaled site plan that accurately shows the location of the proposed
activity on the property, location of proposed visual and safety barriers,
haulageways, significant perennial vegetation, location of any buildings
required, sufficient topographic detail to determine site drainage
patterns, location of residences/structures on abutting properties,
location of public rights-of-way adjacent to the site.
(2)
Full EAF.
(3)
Depth to water table over proposed mining area.
(4)
Estimate of life of mine of the proposed activity.
(5)
Estimated rates of extraction/loads per day/total annual amount of
material.
(6)
Such other and further submissions as required by the reviewing board.
D.
Public hearing. No action shall be taken and no permit authorizing
such mining operations regulated by this article shall be issued until
after such public hearing is held by the reviewing board in relation
thereto, at which parties in interest and citizens shall have an opportunity
to be heard. At least five days' notice of the time and place of such
hearing shall be published in the newspaper designated for official
Town notices.
E.
Review by Planning Board. For applications pursuant to the standards
of the MLRL, after reviewing the application, the Town Planning Board
may retain the services of qualified professionals for such review.
All applications for a special use permit for mining shall be referred
to the Madison County Planning Department for review and recommendation.
If the Madison County Planning Department fails to respond within
period of 30 days or such longer period as may have been agreed by
it and the Town Planning Board, the Town Planning Board may act thereon
without such report.
F.
Conditions of operation. For all mining operations, the following
conditions shall apply (unless, where applicable, otherwise prescribed
by the permit issued by the New York State Department of Environmental
Conservation pursuant to the MLRL):
(1)
Hours of operation shall be Monday through Friday 7:00 a.m. to 5:00
p.m., Saturdays 8:00 a.m. to 12:00 noon. There will be no operating
hours on Sunday or public holidays (as that term is defined by the
NYS General Construction Law § 24). All equipment operations
are restricted to the aforementioned hours.
(2)
Fencing/berms designed to keep the public from access to the property
shall be located a minimum of 25 feet from adjacent property lines
and public rights-of-way.
(3)
Fencing shall be required on all sides of any excavation with a vertical
depth greater than four feet. Vertical depth shall refer to a point
established by a line taken at a right angle measured from the edge
of excavation to the deepest part of such excavation.
(4)
All public roadways shall be cleaned of spillage or windblown materials.
(5)
A record (log) must be maintained and available on site to Town officials
that records the date, time of departure and amount of material on
all trucks departing the mining site.
(6)
Dust abatement measures must be in place if volume and frequency
of load estimates warrant mitigation.
(7)
Noise abatement beyond screening and distance may be required. Noise
levels shall be measured from adjacent property lines.
(8)
The use shall be designed so as to protect groundwater, residential
water supplies, drainage and proximity to designated wetlands.
(9)
Upon final approval, maps must be prepared that accurately show all
changes and modifications to the special uses site map as agreed upon
during the review process.
(10)
For projects regulated by local law only, a reclamation plan
must be prepared that redistributes spoils, redistributes stripped
topsoil, establishes perennial vegetation, establishes final grades
at angles equal to or less than the angle of repose. The reclaimed
site will be free from any trash or man-made material or equipment
(fuel tanks, tires, etc.). The site will regain its former, premining
condition as much as possible.
(11)
Conditions to ensure that the proposed activity of mining will
not have a significant adverse effect upon the nature of the area
than other permitted activities of that area may be imposed upon proper
findings by the Town Planning Board.
(12)
All haulageways accessing public rights-of-way must provide
safe sight distances. Where necessary to prohibit unwanted public
access, these points of access must be gated. Any feature constructed
to regulate mine access must not be a public hazard.
(13)
Where applicable, execution of a road use agreement with the
Town of Sullivan relating to the use of Town roadways.
A.
Inspections. All mining uses shall be subject to periodic inspection
by the Town of Sullivan Code Enforcement Officer for compliance with
the issued special use permit and to the extent authorized by law.
B.
Complaints of violations. Whenever a violation of this article occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and shall be filed with the Town Code Enforcement
Officer who shall investigate the same and report thereon to the Town
Board or Planning Board, as necessary.
C.
Infractions/penalties.
(1)
Any and every violation of the provisions of this article by any
person who knowingly permits, takes part or assists in any such violation
shall be deemed to be an offense against such article, 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 article 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.
(2)
In addition to the above-provided penalties and punishment, or in
lieu thereof, the Town Code Enforcement Officer, Town Board or Planning
Board (as the case may be) 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
article.
D.
Revocation or suspension of permit. If the Town Code Enforcement
Officer, or any authorized representative of the Town of Sullivan,
finds that any mining operation permitted hereunder is not being conducted
in accordance with the provisions of this article, the issued permit
or this chapter, such facts shall thereupon be reported to the appropriate
Town board and the reviewing 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 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 at a time to be specified in
such notice and show cause why such permit should not be revoked or
suspended. The Town 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 the Town shall find that said mining operation
is not being conducted in accordance with the provisions of this article,
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 or revocation or suspension.
A permit fee shall be established 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. The provisions of Chapter 140, Article II, Development and Project Fees, of the Code of the Town of Sullivan shall also apply to all applications hereunder.
