Pine Plains Town City Zoning Code
ARTICLE VI
Overlay, Resource Protection and Floating Zoning District Regulations
§ 275-25 Wellhead Protection District (WP).
Purpose. The Town of Pine Plains hereby establishes a Wellhead Protection (WP) Zoning District to protect the health, safety, and general welfare of the community by preventing groundwater contamination to the Town's public water supply system.
Boundaries. The WP District consists of the wellfields and recharge areas of the Town of Pines Plains water supply system. The boundary of the district is shown on the Zoning Map of the Town of Pine Plains, and said boundary is based on data presented in the 2007 Wellhead Protection Plan for the Pine Plains Water Improvement Area (Source: New York Rural Water Association).
Prohibited uses and activities in the WP District. The following uses and activities are prohibited:
The on-site disposal of solid waste, pathological or medical waste, petroleum, radioactive material, hazardous substances, hazardous waste, or process wastes, including aqueous-carried waste (except for sewage, animal manure and associated bedding material, and agricultural use of food processing wastes where the waste is applied at or below agronomic rates).
Surface land application of septage, sewage, sludge, or human excreta except where permitted by NYSDEC for agricultural production. Where such application is permitted, the landowner shall submit to the Town a copy of all correspondence between the landowner/applicant and the applicable federal, state or local regulatory agencies and a copy of all applicable federal, state and local permits.
Disposal of snow or sand containing deicing compounds that have been transported from off-site areas.
Stockpiling or storage for other than residential uses of coal, bulk chemicals, deicing compounds, hazardous substances, hazardous waste, except in structures designed to prevent contact with precipitation and constructed on low-permeability pads.
Stockpiling or storage of fertilizers except in containers or structures designed to prevent contact with precipitation.
Storage of manure, except in conjunction with agricultural operations.
Construction of municipal or industrial sewage treatment facilities with disposal of primary or secondary effluent.
Mining and excavation of overburden and/or minerals from the earth for sale or exchange, or for commercial, industrial, or municipal use (except for the sale of incidental overburden and/or minerals from excavation related to construction as part of an agricultural or residential use).
Drilling of wells used for oil, gas, gas storage, solution mining, or brine disposal.
Lot coverage. The maximum lot coverage shall not exceed 15% of the lot area, except that agricultural operations are not subject to this requirement. The Planning Board may allow an increase in the maximum lot coverage, provided that the applicant submits a stormwater pollution prevention plan that demonstrates that the post-development stormwater recharge volume to groundwater is, at a minimum, equal to the pre-development recharge volume to groundwater, and that said increase shall not have a detrimental impact on water quality. In no event shall the maximum lot coverage requirement exceed 30%.
Subdivision design. All major subdivisions (five or more lots) shall be designed as a conservation subdivision and shall meet the standards set forth in § 275-31 of this Zoning Law.
Site plan approval required. Site plan approval shall be required except for the following uses:
Construction or expansion of a one-family detached dwelling or any accessory structure appurtenant thereto that conforms to the maximum lot coverage requirement of the district;
Agricultural operations located within an agricultural district created pursuant to the New York State Agriculture and Markets Law.
Site plan submission. In addition to other data set forth in Article XII, Site Plan Review, the following shall be submitted:
A location map of the proposed use in relation to the WP District boundary.
A report detailing the proposed conveyance, storage, distribution, generation, use, treatment, and/or disposal of any stormwater runoff or sewage. If applicable, a stormwater pollution prevention plan (SWPPP) shall be submitted. The SWPPP shall document the methods for the removal of oil, gasoline, and other contaminants from runoff by the use of treatment swales, sediment traps, oil/gas separator, and/or other devices. To the maximum extent, all runoff from impervious surfaces shall be recharged to groundwater in a method to be approved by the Planning Board. Recharge may be achieved through site design that incorporates natural drainage patterns and vegetation, and through use of stormwater infiltration basins and trenches, porous pavement or similar systems. Long-term maintenance measures shall be described in the management plan.
A description of all pollution control measures and activities proposed to prevent on-site disposal and potential contamination of groundwater or surface water, including spill response activities.
A statement as to the degree of threat to groundwater and surface water quality that could result if the control measures failed.
A description of off-site disposal methods for handling solid waste, petroleum, radioactive material, hazardous substances, hazardous waste, process wastes, and/or aqueous-carried waste (except sewage).
Copies of any permits and applications made to any other governmental agencies.
Additional information or material as may be requested by the Planning Board.
Review and approval criteria. The following criteria shall be used by the Planning Board in reviewing applications and shall serve as minimum requirements for approval pursuant to this section. The application shall not be approved unless the Planning Board determines that the applicant has met all of these standards.
The application complies with the regulations and requirements set forth in this section.
Adequate provisions have been made for the collection and disposal of all stormwater that runs off proposed roads, parking areas, roofs, and other surfaces, and groundwater is recharged to the maximum extent practicable on-site.
Filling, excavation and earth-moving activity shall be minimized.
Soil erosion and sedimentation is minimized.
The proposed use is located in a manner that will not adversely impact the quantity of groundwater available to public water supply wells or other wells.
The proposed use is designed with adequate control measures that prohibit on-site disposal of solid waste, pathological or medical waste, petroleum, radioactive material, hazardous substances, hazardous waste, or process waste, including aqueous-carried waste (except sewage). The adequacy of the proposed control measures must be evaluated in terms of their simplicity, reliability, and feasibility, as well as the degree of threat to public water supply wells and other wells in the event that the control measures fail.
All handling and storage of solid waste, pathological or medical waste, petroleum, pesticides, herbicides, radioactive material, hazardous substances, hazardous waste, or process wastes shall meet the standards of the New York Department of Environmental Conservation, and/or all applicable state or federal agencies.
The proposed use or activity must provide adequate provisions for the safe off-site disposal of solid waste, hazardous waste, process waste, and other wastes generated. All waste must be disposed of at a licensed disposal facility having adequate capacity to accept the use's wastes.
In the event of an on-site disposal (i.e., spill) of potential contaminants, the proposed use or activity must have adequate spill response and containment plans in place to minimize groundwater or surface water contamination.
No building permit or certificate of occupancy shall be issued unless and until all conditions of site plan approval have been met. All improvements shall be completed in strict conformance with the approved site plan.
§ 275-26 Agricultural Overlay District (AG-O).
Purpose. The purpose of the AG-O District is to protect any property now or formerly in agricultural use, and any property that may not be in agricultural use, but is characterized by the presence of prime farmland soils, soils of statewide significance, or is within a county-designated agricultural district.
Properties affected. Properties included in the AG-O District are shown on the Zoning Map of the Town of Plains.
Uses allowed. Uses and structures permitted by right, by special use permit, or accessory uses or structures incidental thereto, shall be as regulated in the underlying base zoning district.
Minimum open space requirement.
No less than 50% of the area of any property being developed as a conservation subdivision shall be preserved as permanent open space. During review of the subdivision plan, the Planning Board shall give priority to the protection of the following resources:
Aerial photography. As part of the review of any application, the Planning Board may require that the application be accompanied by a current aerial photo showing the extent of existing agricultural fields and pasture. Agricultural soils, fields and pasture shall be mapped on the Conservation Resources Map.
Minor subdivisions. The Planning Board, in its discretion, may require that a minor subdivision be designed as a conservation subdivision where it is necessary to preserve the agricultural operations and features of the subject property.
§ 275-27 Mining Overlay District (M-O).
Purpose. The Town of Pine Plains wishes to allow soil and gravel mining activities and limit their location so as to protect the significant visual, historic, economic and cultural resources of the Town, and to minimize any adverse impacts by protecting residential areas and land uses from potential physical damage and undue exposure to environmental impacts associated with mining activities. Consistent with the foregoing, a Mining Overlay District is hereby established to regulate said use. This section will regulate the location, design, and operation of mining activities in order to:
Protect the health, safety, and general welfare of the residents of the Town of Pine Plains.
Establish predictability in the siting and regulation of mining activities.
Avoid potential damage to adjacent properties from a mining facility by imposing mining standards and setback requirements.
Ensure harmony and compatibility with surrounding land use patterns.
Limit mining activities to the M-O District as depicted on the Town of Pine Plains Zoning Map. Furthermore, the mining activities shall be situated no closer than 250 feet to any residence on an adjacent property. Access to a mine shall be from a state or county road.
Special use permit required. Uses and structures permitted by right, by special use permit, or accessory uses or structures incidental thereto, shall be as regulated in the underlying base zoning district. In addition, mining activities are allowed upon special use permit approval solely in the M-O District. For mining activities, the New York State Mined Reclamation Law (MLRL) establishes that the NYSDEC is responsible for the regulation and permitting of mining activities and reclamation of same for operations that extract 1,000 tons, or 750 cubic yards or more, of a mineral during 12 successive calendar months. The NYSDEC is the entity responsible for administering a MLRL permit for mining activities of this magnitude. A mining activity, regardless of whether the operation is regulated by the NYSDEC, requires a special use permit and site plan approval by the Planning Board.
Excavation activities not requiring special use permit and site plan application approval. Upon a determination made by the Zoning Enforcement Officer, the following activities shall not require a mining special use permit:
Operations in connection with construction of improvements, changing of contours and grading of lots in an approved subdivision plat in accordance with final plat maps, construction plans and grading plans approved by the Planning Board.
Operations in connection with bona fide construction or alteration of buildings, structures, off-street parking and loading areas, access, outside storage areas, landscaping and other site development in accordance with a site plan approved by the Planning Board.
Operations reasonably necessary in connection with bona fide agricultural pursuits (production of crops, etc., as defined in § 301 of the New York Agriculture and Markets Law), provided that no earth materials are removed from the tract or tracts that constitute the farm.
Operations reasonably necessary in connection with the bona fide construction or alteration of a building or structure, and access, parking spaces, structures or facilities accessory thereto and landscaping therefor, for a use permitted in a district as of right, and for which a building permit has been issued or an application for a certificate of occupancy has been approved, provided that no more than 500 cubic yards of earth materials are removed from the lot. The processing of excavated materials on-site for sale or delivery off-site is expressly prohibited in the absence of a mining permit in accordance with the regulations of this section.
Bona fide landscaping operations, provided that no more than 500 cubic yards of earth materials are removed from the lot where the landscaping operation is being conducted.
MLRL permit. The following requirements are applicable to special use permit and site plan applications for mining activities in the M-O District that require a MLRL permit:
If the mining activity is subject to a NYSDEC MLRL permit, the applicant for such permit shall simultaneously apply to both the NYSDEC and the Planning Board, and shall provide the Planning Board simultaneously with copies of any subsequent submissions to the NYSDEC. The Planning Board shall advise the NYSDEC on the following:
Whether mining is permitted in the location indicated on the MLRL permit application;
The appropriate setbacks from roads and property boundaries;
The location and design of barriers to restrict access to the mine;
Dust control measures;
Hours of operation; and
Any other issue as may be referenced in and appropriate under the MLRL.
The applicant shall submit to the Planning Board copies of all correspondence and documentation between the applicant and NYSDEC, specifically including but not limited to the mining application, mining plan, reclamation plan, reclamation bond(s), all SEQRA documentation, engineering reports and renewal application(s).
Upon the receipt of a complete special use permit and site plan application, including all materials submitted to the NYSDEC required for a complete MLRL permit application, the Planning Board shall schedule and hold a public hearing on the application for special use permit and site plan approval. The public hearing shall remain open until the NYSDEC concludes its SEQRA review of the MLRL permit application.
Within 62 days following the Planning Board's receipt of a negative declaration or findings statement, the Planning Board shall close the public hearing and take action on the application for a special use permit and site plan. The site plan/mined reclamation plan approved by the NYSDEC shall constitute the site plan to be approved by the Planning Board.
If a special use permit is granted by the Planning Board, the term for such special use permit shall be coterminous with the NYSDEC MLRL permit. Any application for renewal or modification of the NYSDEC MLRL permit must be submitted simultaneously to the Planning Board.
An application shall be submitted to the Zoning Enforcement Officer for a certificate of occupancy under this chapter and the applicant shall pay to the Town an inspection fee. The Zoning Enforcement Officer shall issue the certificate of occupancy upon special use permit and site plan approval by the Planning Board. Said certificate shall confirm the mining activity as a permitted use under the regulations of this section, if the Zoning Enforcement Officer finds that the NYSDEC-approved operation is consistent with the determination of a permitted use.
Any mining activity that obtains a MLRL permit and site plan approval by the Planning Board is subject to inspections and other requirements set forth in Article XIV, Administration and Enforcement, of this Zoning Law. The applicant at all times shall maintain a valid NYSDEC mining permit which shall be available for inspection by the Town Zoning Enforcement Officer. The applicant shall operate in compliance with the NYSDEC mining permit.
Applications not subject to MLRL permit. If the mining activity is not subject to a NYSDEC MLRL permit, the applicant shall make application in accordance with Subsection F below in order to undertake the mining activity. Planning Board approval of a special use permit and site plan shall be required. The stockpiling of material in excess of 500 cubic yards on any lot shall be permitted for no more than 60 days unless associated with an approved special use permit and site plan approval issued as per the regulations of this section. The regulations set forth in Subsections F through N below apply to applications for mining activities that are not subject to NYSDEC review and approval and do not require a MLRL permit.
Application. Applications involving mining activities that are not regulated by the NYSDEC in accordance with a MLRL permit are subject to special use permit and site plan approval and shall follow the procedures set forth in Articles XI and XII of this Zoning Law. In addition to the information required to be submitted as set forth in Articles XI and XII, the following information shall be submitted:
Participants. Proof of ownership of the property and the names and addresses of all parties having an interest in any entity involved as the owner or operator of the site, such as a limited-liability company, corporation or limited partnership which owns or has an interest in the property.
Description of proposed operations. A statement clearly detailing the nature and extent of operations, including the type and amount of material to be extracted, the manner in which it will be accomplished, and the proposed hours of operation. The duration of the operation through to site restoration, proposed hours and days of operation and the program for staging the site preparation, excavation and restoration in time and geographic sections.
Site plan. The site plan shall illustrate all existing structures and proposed grading areas and improvements on the property to be used in conjunction with the mining activity.
Phasing plan.
Reclamation plan.
An estimate of the number of vehicles expected to enter and exit the tract on a daily basis and at peak hours, and a description of any roadway capacity and safety improvement proposed on the streets giving access to the tract.
Description of the nature and capacity of any processing equipment proposed to be established on the tract.
An evaluation of the impact of the proposed soil extraction operation upon the market value of properties adjacent to the operation and in the neighborhood.
Such other maps, plans, boring tests, feasibility studies and engineering data as may be required by the Planning Board in order to determine and provide for the proper enforcement of these regulations.
State Environmental Quality Review. Part 1 of the full environmental assessment form shall be submitted with the application.
Criteria for decision-making related to applications not subject to NYSDEC review and a MLRL permit. The Planning Board, in its decision-making, shall be guided by the criteria set forth in Articles XI and XII of the Zoning Law, as well as the following:
No mining activity shall occur within 250 feet of any residence on an adjacent property or within 200 feet of any public street.
Man-made or natural barriers shall be installed or retained to provide adequate screening of visual and noise impacts.
Dust shall be controlled to avoid off-site migration.
The hours of operation shall not exceed 9.5 hours in any one day nor commence before 7:30 a.m. on any day nor extend beyond 5:00 p.m. on any day, nor shall there be any operation conducted on Saturday or Sunday.
No excavation shall occur within five feet of the existing water table except for pond excavation where approved by the Planning Board.
Slopes will not exceed one foot of rise for two feet of horizontal distance or such lesser slope that the Planning Board may specify to ensure public health and safety and soil stability.
The applicant shall submit proof of New York State Department of Transportation or Dutchess County Highway Department approval of all access roads serving the mining activity. The applicant shall demonstrate that the proposed access to and from the property will not create safety or traffic hazards.
All vehicles shall be loaded and operated so as not to spill gravel, rocks, sand or other earth materials upon the roads and highways utilized to and from the site, or otherwise impair or damage roads or highways.
The Planning Board shall find that the reclamation plan restores the property. Where appropriate, the top layer of arable soil for a depth of four inches shall be set aside and retained on the property and respread over the excavated or graded area as the work progresses; a suitable ground cover will be planted and grown to an erosion-resistant conditions upon the completion of the excavation or removal in accordance with approved contour lines.
Stormwater management and erosion control measures shall be suitable.
No excavation shall interfere with or alter any natural watercourse.
The Planning Board may require phasing of mining and reclamation activities.
After reclamation, no sharp pits, depressions or soil erosion problems shall be created and no slopes or banks shall exceed whatever slope is necessary in order to obtain stability.
The Planning Board may require methods to secure the property, including suitable fencing.
Noise and vibration. Measures shall be implemented to reduce the noise level to the extent possible. The applicant shall demonstrate that there shall be no vibrational effects to properties beyond the limits of the property being mined.
The Planning Board may require the submission of written proof that the proposed mining is not subject to the New York State Mined Land Reclamation Law.
The Planning Board may require that the applicant submit reports periodically, prepared by and bearing the seal of a land surveyor or engineer, showing the status and progress of the excavation operation.
Inspections. The Zoning Enforcement Officer shall have the right to inspect all or any part of the mine, and a fee may be charged for said inspections.
Time of approval. The mining permit shall be valid for a time period of five years. The Planning Board may grant extensions of the five-year limitation for periods of not more than two years for each extension.
Bonding. At the time of issuance of a certificate of occupancy for the special use permit, the applicant shall file with the Town Board a completion bond, in form and with surety acceptable to the Town Board and in an amount set by the Town Board after consideration of any recommendations by the Planning Board, to guarantee completion of the mining, grading or removal of material as approved and the restoration of the property as required by this section. Before the Planning Board recommends release of the bond, the Planning Board or Town Board may request a report from the Zoning Enforcement Officer concerning compliance with the requirements of this section of the Zoning Law. The Town Board, in establishing the amount of the bond for the extraction operation, shall require a cash bond to guarantee installation, maintenance and completion of measures for soil erosion and sediment control unless same has been established as per § 275-42 of the Zoning Law.
Other required permits. Approval of a special use permit shall be conditioned upon the applicant obtaining all other permits required by the Town, county, state or any other regulatory agency.
Enforcement; fines and violations. Any enforcement proceedings, fines and violations shall be processed in accordance with Article XIV, Administration and Enforcement.
Existing mining activities. Mining activities in existence on the effective date of this Zoning Law and operating pursuant to valid permits may be continued to completion in accordance with the maps, plans, standards, conditions and time limits of the permit. The operator shall be permitted to continue the operation of same pursuant to the provisions of a valid permit currently in effect through the time that such permit expires. Thereafter, any application for renewal of an existing valid permit shall be subject to the provisions of this section.
Prohibited activities. The importation, processing and/or stockpiling of materials from off-site sources, including but not limited to other mining operations within or outside of the Town of Pine Plains, shall be prohibited.
§ 275-28 (Reserved) [1]
[1]
Editor's Note: Former § 275-28, New Neighborhood Development District (NND), was repealed 9-16-2021 by L.L. No. 1-2021.