[Added 6-23-2022 by L.L. No. 4-2022]
A.
The Town Board of the Town of Avon recognizes that the mining and
extraction of limestone, sand and gravel within the Town of Avon is
a desirable and appropriate land use in limited geographic areas where
such materials are available in sufficient quantity.
B.
To these ends, this article and the Zoning Map that it amends and
supersedes as applicable is designed to:
(1)
Balance various forms of development that are desirable by the public
while protecting the rural character of the Town;
(2)
Protect and encourage farming and agriculture and related businesses,
which are the dominant land uses in Avon;
(3)
Protect property values by regulating uses, buildings and structures
that may impact the character of the Town and affect neighboring properties;
(4)
Minimize conflicts among the various land uses, both now and in the
future;
(5)
Protect and promote public health, safety, convenience, order, aesthetics,
prosperity and general welfare of the Town of Avon; and
(6)
Implement the provisions of the Comprehensive Plan of the Town of
Avon.
The following definitions shall apply to this article:
The mining of limestone, gravel and sand from the earth by
way of surface excavation, from which such product is produced for
sale or exchange, or for commercial, industrial or municipal use.
Also includes any activities or processes used for the extraction
or removal of such minerals from their original location and the preparation
such as washing, cleaning, crushing, stockpiling or other processing
at the excavation operation location that makes the mineral product
suitable for commercial, industrial or construction use. Excavation
operations does not include any form of underground or subsurface
mining of minerals.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes used for the extraction or removal of such minerals from
their original location and the preparation such as washing, cleaning,
crushing, stockpiling or other processing at the mine location that
makes the mineral product suitable for commercial, industrial or construction
use.
Mining that takes place predominantly below the surface of
the ground, with access through mine shafts or by elevators. Subsurface
and underground mining is a prohibited use in all zoning districts
within the Town of Avon and is not permitted in the Excavation Operations
Overlay created by this article.
A.
An Excavation Operations Overlay Zone is hereby created, the bounds
of which are as follows:
All real property bounded on the north by the northerly Town
Line of the Town of Avon (where is meets the jurisdictional bounds
of the Town of Rush, Monroe County, New York), bounded on the west
by New York State Route 15, bounded on the south by New York State
Routes 5 & 20 and bounded by the east by the easterly Town Line
of the Town of Avon (where it meets the jurisdictional bounds of the
Town of Lima, Livingston County, New York).
B.
Within the Excavation Operations Overlay Zone, all of the underlying land use district regulations shall remain in effect except as specifically modified by the provisions of this Article XVII.
C.
Any development of an excavation operation within the Excavation Operations Overlay Zone created hereby shall only be permitted on lands designated as Agricultural District (A) and shall be required to have Site Plan review and approval by the Planning Board (pursuant to Article IX, § 130-45E) and issuance of a special use permit upon approval of the Zoning Board of Appeals (pursuant to Article IX, § 130-45B and Article VI, § 130-35B(1) and B(4)(e).
