Grand Island City Zoning Code
ARTICLE XXII
M/E Mining/Excavation Overlay District
§ 407-94 Purpose.
The Mining/Excavation Overlay District provides a means of authorizing mining and/or excavation activities within the community, and minimizing potential adverse impacts from such activities.
§ 407-95 Stripping of topsoil.
Except in Mining/Excavation Overlay Districts, and in conformity with an approved site plan and grading permit per Chapter 253, Regrading and Filling of Land, no person, firm, partnership, limited liability company or corporation shall strip, excavate or otherwise remove topsoil or subsoil for sale unless the proposed removal is exempted from the requirements of Chapter 253 pursuant to Town Code § 253-1 and/or the requirements of this code pursuant to this article.
§ 407-96 Definitions.
The following terms shall have the meanings indicated for purposes of this article:
Any naturally formed, usually inorganic, consolidated or unconsolidated material located on or below the surface of the earth. For purposes of this section, peat and topsoil shall be considered minerals.
The parcel of land where mining occurs.
The extraction, removal or relocation of topsoil, overburden and/or minerals from the earth including but not limited to 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 suitable processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of topsoil, overburden, tailings and waste at the mine site.
All of the earth, vegetation and other materials which lie above or alongside a mineral deposit.
Any body of water, natural or man-made, located on a site for the principal purpose of aesthetic or recreational uses.
§ 407-97 General guidelines.
A.
No excavation and/or mining shall be conducted within the Town of Grand Island except:
(1)
In conformity with this section, in a Mining/Excavation Overlay District as approved by a zoning change by the Town Board pursuant to the amendment process of this code.
(2)
Upon issuance of a site plan approval.
(3)
Upon issuance, where required, of subdivision approval, Chapter 253 grading permit, or other applicable zoning permits.
(4)
Upon providing proof of issuance of all required federal and state permits.
B.
Applications for excavation and mining activities shall include all submittals required for zoning amendments, site plan approvals, and any other provision of the Town Code applicable to the proposed project. Nothing in this section shall be deemed a waiver of any other requirement under the Town Code. Nothing in this section shall be deemed to permit excavation or mining or any use where said use is not permitted in the zoning district underlying the proposed Overlay District.
§ 407-98 Exemptions.
A.
The following activities are exempt from the provisions of this section:
(1)
The construction of a building or part thereof pursuant to a valid building permit, or construction/replacement/repair of a septic system.
(2)
The regrading (including excavating) or filling of land where such activity will involve less than two cubic yards per thousand square feet of gross lot area, or 60 cubic yards of material, whichever is less, at a site over a period of 12 successive calendar months, provided such work does not cause a danger of surface waters flooding adjacent property and no stream, watercourse or floodway is filled or diverted from its course.
(3)
Detention basins or other drainage improvements intended to temporarily hold water after storm events.
(4)
A recreational pond not greater than 1/3 of an acre or 10% of total lot in total surface area, whichever is lesser, on a lot of not less than two acres, with setbacks of at least 50 feet from any front, side, or rear lot line, and slopes no greater than one-foot vertical to three-foot horizontal for any bank continuous to the toe of the slope. Recreational ponds qualifying for this exemption shall obtain a building permit and Chapter 253 grading permit.
[Amended 3-29-2006 by L.L. No. 3-2006]
(5)
Filling in of an abandoned swimming pools, basements, and foundations to existing grade.
(6)
Movement and/or storage of materials where such materials were not excavated on site, nor will remain on site, but rather are materials stored on site for sale, or for use at other sites.
§ 407-99 Expansion.
If any mine, excavation or pond is proposed for expansion, the requirements of this section shall apply to the application for such expansion, unless the mine, excavation or pond, after expansion, shall qualify for one of the exemptions to this article.