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.
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:
HAULAGEWAY
All roads utilized for mining purposes, together with that
area of land over which material is transported, that are located
within the permitted area.
MINE
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.
MINERAL
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.
MINING
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.
MINING ACTIVITY
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.
MINING PLAN
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.
OVERBURDEN
All of the earth, vegetation and other solid materials which
lie above or alongside a mineral deposit.
PERSON
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.
RECLAMATION
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.
RECLAMATION PLAN
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.
SPECIAL USE PERMIT
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.
SPOIL
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.
TAILINGS
Material of inferior quality or value resulting from the
removal, preparation or processing of minerals.
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.