Concord City Zoning Code
ARTICLE XIX
M-R Mining-Reclamation District Regulations
§ 150-101 Legislative findings.
The amendments to the New York State Mined Land Reclamation Law preserve and recognize the authority of municipalities to absolutely prohibit mining in zoning districts. However, these amendments grant the New York State Department of Environmental Conservation (DEC) exclusive authority to regulate the reclamation of mined lands in addition to the preexisting DEC exclusive authority to regulate mining. Moreover, while the amendments preserve the rights of municipalities to authorize mining as a special use in certain zoning districts, municipalities have been severely limited in the conditions which may be imposed upon mining by the special use permit. The amendments also require the chief administrative officer of the municipality to participate in the DEC permitting process in order to impose certain of these conditions by special use permit.
§ 150-102 Special use permit required.
A commercial extraction of topsoil, sand, gravel or stone, other than mining, shall be permitted by special use permit.
§ 150-103 Mining.
Mining in the M-R District may be permitted by special use permit upon those conditions set forth in § 23-2703, Subdivision 2b of the Mined Land Reclamation Law, which conditions include:
Limitation and restriction regarding ingress and egress to public thoroughfares controlled by the local government of the Town of Concord.
Limitations and restrictions regarding routing of mineral transport vehicles on roads controlled by the local government of the Town of Concord.
Requirements and conditions which are specified in the mined land reclamation permit issued by the DEC concerning setbacks from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control and hours of operation.
Enforcement of reclamation requirements contained in mined land reclamation permits issued by the DEC.
§ 150-104 Supervisor's duties.
The Supervisor of the Town of Concord, as the chief administrative officer, is hereby authorized to participate in the review by the DEC of any application for a mining permit, including but not limited to making a determination as set forth in § 23-2711, Subdivision 3, of the New York State Environmental Conservation Law, in regard to the following:
§ 150-104.1 Final reclamation process.
After the New York State Department of Environmental Conservation accepts the final reclamation and releases the property owner from any further obligations imposed by the NYS mining permit, the subject property will automatically revert back to the prior zoning district. The Town will file the necessary application to rezone. If the property owner does not want the property to revert back to the prior zoning, and have the property rezoned to a different zoning district, the property owner shall apply to the Town of Concord for the rezone.