Ellenville City Zoning Code
ARTICLE IV
Excavations and Soil Mining
§ 227-29 Excavations limited; compliance required.
Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavation shall not create objectionable dust or noise, contribute to soil erosion nor create any kind of noxious or injurious substance or condition or cause public hazard. All excavations for soil mining shall be in accordance with § 227-31 below.
§ 227-30 Excavation for construction of buildings.
A.
Excavations in connection with the construction on the same lot of a building for which the building permit has been issued shall be permitted in any district.
B.
In the event that the building construction operation is arrested prior to completion of the building and the building permit thereof is allowed to expire, the premises shall be cleared of any rubbish, building materials or other unsightly accumulations, and any excavation for a building, basement, foundation, utility or otherwise, of a depth greater than two feet below finished grade, shall be filled and the topsoil replaced, or all such excavations shall be entirely surrounded by a substantial fence, at least six feet high, with necessary gates and locks that will effectively block access to the area. Such clearing, filling and/or fencing shall be completed not later than the expiration date of the building permit.
§ 227-31 Mining.
[Amended 11-9-2009 by L.L. No. 8-2009]
A.
Mining means 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, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; 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.
B.
Mining shall be allowed only by special use permit and shall be subject to any and all applicable New York State and/or federal regulations and the regulations set forth in this article.
§ 227-31.1 Permit required; application requirements.
[Added 11-9-2009 by L.L. No. 8-2009]
The following information shall be submitted with the application for a special permit:
A.
Name and address of the applicant and owner(s) of the premises and the section, block and lot of the proposed mining site as shown on the Village Tax Maps.
B.
Mining plan. The mining plan shall include the following:
(1)
A narrative which sets forth:
(a)
A description of the affected land indicating the present use of the land and the present physical condition of the land, including the existence of structures, vegetation and water cover;
(b)
A description of the existing or proposed mine indicating if the operation is a surface consolidated, surface unconsolidated or underground mine;
(c)
A description of the proposed mining method indicating the method of extraction; and
(d)
The location of site entrances and off-site roadways to be used to access the site.
(2)
Maps and plans. The following maps and plans, prepared by a licensed engineer, surveyor and/or geologist, shall be submitted:
(a)
Location maps or aerial photos, at a scale of one inch equals 200 feet or larger, showing:
(b)
Natural features map at a scale of one inch equals 200 feet or larger showing the following within 250 feet of the proposed excavation and appurtenant activities:
(c)
Mining plan at the same scale as the natural features map showing, in addition to the information on the natural features map, the following information within the site boundaries:
[1]
Proposed excavation area, including depths and slope of proposed excavation.
[2]
Existing and proposed appurtenant activities.
[3]
Existing and proposed access roads and parking facilities, identified by type of surface material.
[4]
Existing and proposed fencing, berms, and/or buffers, identified by height and type of material.
[5]
Area where topsoil and overburden will be stockpiled for use in reclamation.
C.
Reclamation plan. The reclamation plan shall include the following:
(1)
A narrative which sets forth:
(a)
A description of the applicant's land use objective, such as farming, recreation, industrial, commercial or residential uses; or a combination thereof; and
(b)
A description of the applicant's proposed method of reclaiming the affected land which is consistent with the stated land use objective. This description shall include specifics relative to the disposition of all refuse, spoil, stockpiles and personal property; the treatment of haulageways; drainage and water control; water impoundments; grading and revegetation.
(2)
A reclamation plan at the same scale and covering the same area as the Natural features map showing, in addition to the information on the natural features map:
(a)
Boundaries of the area proposed for reclamation.
(b)
Final topography of the area proposed for reclamation at contour intervals not exceeding two feet.
(c)
Final surface drainage patterns and the location and characteristics of artificial drainage facilities in the area proposed for reclamation and in contiguous areas.
(d)
Depth and characteristics of soil proposed to be used in reclamation.
(e)
The type and density of trees, shrubs and other vegetation proposed to be used in reclamation.
D.
New York State Department of Environmental Conservation permit. A copy of the mining permit submitted to the New York State Department of Environmental Conservation (NYSDEC), if such exists, shall be submitted, together with a statement as to the status of such application, including review under the New York State Environmental Quality Review (SEQR) Act.
§ 227-31.2 Standards for mining and reclamation.
[Added 11-9-2009 by L.L. No. 8-2009]
A.
General standards. In approving or denying a special permit for mining, the standards and considerations taken into account shall include, but not be limited to, the factors concerning the proposed excavations, appurtenant activities and reclamation as follows:
(1)
Whether they are in accord with the intent of the Village Comprehensive Plan.
(2)
Whether they will render the land unproductive or unsuitable for agricultural or development purposes.
(3)
Whether they will impair the aesthetic or natural environment of the excavation area or surrounding area.
(4)
Whether they will affect the character of surrounding land use.
(5)
Whether they will create excessive traffic or impair the quality of the existing and proposed thoroughfares, community facilities and drainage.
B.
Specific standards for mining operations.
(1)
The active disturbed area which has not been restored shall, at all times, be limited to the minimal acreage necessary to economically conduct the excavation operation.
(2)
All structures and appurtenant activities shall conform to the setback requirements of this chapter except that sedimentation ponds may be located within the setback area if the applicant demonstrates that the topography necessitates such a location and also demonstrates that, where appropriate, sufficient safeguards such as a buffer will be provided for the protection of neighboring residents.
(3)
Access roads and parking.
(a)
All access roads shall be designed to take advantage of buffers or other features to screen, as much as feasible, excavation and appurtenant activities from public view.
(b)
The first 200 feet of access to the excavation site adjoining a public road shall be paved.
(c)
Sufficient off-street parking shall be provided for company employees and visiting vehicles. The parking of any vehicles on a public right-of-way or the parking of vehicles so as to impede traffic or create a traffic hazard shall be prohibited.
(4)
Preservation of natural features.
(a)
Topsoil. All topsoil shall be stripped from the active excavation area and stockpiled for use in accordance with the reclamation plan. Such stockpiles shall be seeded, covered or otherwise treated to minimize the effects of erosion by wind or water upon public roads, streams or other water bodies or adjacent property.
(b)
Landscape. Existing hills, trees and ground cover fronting along public roads or adjacent property shall be preserved, maintained or supplemented by selective cutting, transplanting and the addition of new trees, shrubs and other ground cover for the purpose of providing a buffer. If the existing topography and vegetation do not lend themselves to such treatment, the operation shall take into consideration the potential of grading back overburden around the perimeter of the excavation site to create a berm for the purpose of providing a buffer, provided that the berm is properly landscaped with trees, shrubs or other ground cover.
(c)
No excavation shall be allowed closer than 50 feet to a river, stream, lake or other water body. Soil erosion, sedimentation and groundwater seepage shall be controlled so as to prevent any negative effects on bodies of water, public roads and neighboring properties.
(5)
Buffers. The Planning Board may require a buffer adjoining residentially zoned properties. The buffer may consist of either artificial or natural barriers such as berms, fences (not to exceed six feet in height), shrubs, trees or any combination of these which provide security, confine dust and flying particles to the mining premises, reduce noise levels at the adjoining property lines, and which minimize any visual impact of the mine. A service entrance gate shall be provided, said gate to be locked unless the mining operation is being conducted.
C.
Specific standards for reclamation.
(1)
Prior to replacement of topsoil for revegetation, the mine floor shall be scarified or disked to promote penetration by tree or shrub roots. Where topsoil existed prior to excavation, it shall be respread over the excavated area to a minimum depth of six inches. Sufficient permeable material shall be left in the mine floor to allow post-reclamation land use.
(2)
The reclamation area shall be planted with trees, shrubs, grass or other vegetation so as to provide for screening, natural beauty and soil stability. The planting shall follow acceptable conservation practices.
(3)
Reclamation shall be undertaken in such a way that natural and storm drainage, where it enters and leaves the premises, shall be altered only to the minimal degree necessary to carry out excavation and appurtenant activities. Any alterations of natural and storm drainage shall not adversely affect public roads or neighboring property owners.
(4)
Reclamation of mined areas at final grade shall be a continuous operation, subject to approval at the termination of the permit period. Topsoil grading and planting of the area designated for reclamation during the special permit period shall have been completed before a permit renewal is granted.
(5)
Within two years after termination of excavation operations, all equipment, buildings, structures and other unsightly evidence of the operation shall have been removed from the premises, or disposed of by approved methods, and all reclamation measures shall have been subsequently completed.
§ 227-31.3 Administration.
[Added 11-9-2009 by L.L. No. 8-2009]
A.
Performance bond.
(1)
Before the issuance of any special permit approval, a performance bond in the amount sufficient in the opinion of the Planning Board to secure compliance with all of the conditions of approval, shall be filed with the Village Clerk by the applicant. In lieu of a surety bond, the applicant may deposit cash or certified check, United States treasury certificates of indebtedness, treasury bills, bonds or notes, an irrevocable bank letter of credit, a certificate of deposit, or other forms of financial security acceptable to the Village Attorney. Acceptable substitutes, if furnished, shall be kept on deposit with the Village for the duration of the bond period.
(2)
The amount of the bond shall be limited to the amount determined by the Planning Board as necessary to secure compliance with the land use requirements, other than the reclamation, which is covered by a bond filed with the Department of Environmental Conservation.
(3)
If, in case of default, the amount of the bond established by the Planning Board is not sufficient to cover all of the costs incurred by the Village for enforcement of the conditions of the land use approval, including legal fees, the property owner and permittee shall be liable for the full additional costs. If there is default of compliance, the performance bond and/or funds on deposit shall be forfeited to the Village. The Village shall return to the applicant any amount in excess of the expenses incurred by the Village as a result of the applicant's default.
(4)
Said bond shall continue in full force and effect until released by the Village Board following a certificate of compliance having been issued by the Village Engineer.
B.
Length of permit. No special permit for mining operations shall be granted for a period of more than five years, or the length of permit approved by DEC, whichever is less, but such permit may be extended to be consistent with the approved state permit. Permits issued subject to these regulations shall, however, be conditioned upon the applicant's receiving a certificate of compliance every year following its issuance after site inspection and review by the Village's Code Enforcement Officer.