Poestenkill Town City Zoning Code
ARTICLE X
Natural Products District
§ 150-65 Purpose of district.
A.
It is an essential goal of the Town, in conformance with the Town's Comprehensive Plan, that it protect its residents by safeguarding residential and agricultural land as well as water resources and the natural environmental features of the Town. The Town recognizes that its residents are dependent on groundwater supplies for domestic use.
B.
In recognition of its obligation to protect the public health, welfare and safety of persons within the Town and consistent with Environmental Conservation Law § 23-2701 et seq., (the Mined Land Reclamation Law, hereinafter "MLRL"), presently existing land uses, zoning districts and the Town's Comprehensive Plan, the Town hereby establishes its policy with regard to criteria for natural products districts and for regulating the operation of mineral extraction operations to the extent permitted by New York state law.
§ 150-66 Exceptions.
The following operations and uses are hereby excepted from the application of this article:
A.
General construction exception.
(1)
Nothing contained herein shall prohibit excavation incidental to construction of a driveway, private road, walk, wall or building or part thereto, or accessory thereto, for which any required building permits have been issued, where the excavation occurs on the same or contiguous parcel as the construction. In cases of real estate subdivision, the cut and fill of on-site soils are expected to be in balance and not hauled off the building site, except as provided below. Provision shall be made to restore an effective cover crop to any area of land from which topsoil has been removed or covered with fill within the first growing season following the start of such operation.
(2)
Any person who proposes the removal of more than 100 cubic yards of minerals from the earth within 12 successive months and where a mining permit is not required pursuant to the Mined Land Reclamation Law (Environmental Conservation Law Article 23, Title 27, § 23-2701 et seq.), through waiver, exemption, or otherwise, must obtain a special use permit from the Planning Board for small-scale mining pursuant to the provisions set forth herein.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
General farming exception. Nothing contained herein shall prohibit excavation for the purpose of moving topsoil, soil or earth from one location to another location on the same or contiguous parcel for grading, improving or draining said land, provided that such excavation is necessary for, or accessory to, farming operations.
C.
Sewage disposal and underground storage tanks exception. Nothing contained herein shall prohibit excavation for sewage disposal systems or underground storage tanks.
D.
Fire and farm pond exception. Nothing contained herein shall prohibit construction of private farm ponds with a tributary drainage area of less than one square mile, farm ditches and fire ponds. However, construction must meet all criteria required by the Department of Environmental Conservation (DEC) concerning classified waterways.
E.
Mines less than 1,000 tons or 750 cubic yards. Any person who proposes the removal of fewer than 1,000 tons or 750 cubic yards of minerals from the earth within 12 successive calendar months shall obtain a special use permit pursuant to § 150-71 of this chapter, Standards and procedures for small-scale mining, except as provided in Subsection F below.
F.
Mines less than 100 cubic yards. The extraction and removal off site of less than 100 cubic yards within 12 consecutive months shall require a grading permit issued by the Code Enforcement Officer in accordance with the provisions of § 150-74 of this article.
§ 150-67 Permitted uses; requirements and procedures for rezoning.
A.
Permitted uses. The legislative determination to establish a natural products zoning district must be based on the following standards:
(1)
Location.
(a)
The only zoning district within which mining shall be a permissible use is a natural products (NP) zoning district. Unless a zone is designated NP, mining shall be prohibited and there shall be no accommodation by special use permit, except as specified in §§ 150-70 through 150-73 relating to small mines.
(b)
In addition, within a district currently zoned R (residential district), no NP district exceeding an area of 10 acres shall be created, and rezoning to NP shall not be permissible within the Hamlet District, a wetlands area designated by the New York State Environment Conservation Department (DEC) or the United States Army Corps of Engineers, or an area which has been designated a critical environmental area (CEA).
(2)
Importation. The importation of materials excavated off site for the purpose of processing or manufacturing on site shall not be a permissible use within an NP zoning district.
B.
Requirements and procedures for rezoning to a natural products zoning district.
(1)
An application for rezoning to an NP zoning district must be made in accordance with the provisions of this article and Article XV and shall only be established if the objectives and provisions of this chapter and the laws of the State of New York are satisfied as determined by the Town Board.
(2)
Approval by the State of New York of a mining permit under the MLRL does not constitute approval by the Town for amendment of the zoning districts.
(3)
The process for compliance with the State Environmental Quality Review (SEQRA), Environmental Conservation Law, Article 8, and regulations as required under § 150-92C of the Town Code for the proposed rezoning shall be independent of that which is required in accordance with an application to the State of New York for a mining permit under the MLRL. The Town Board shall serve as lead agency under SEQRA with respect to the application for rezoning. Notwithstanding any other provisions of the Town Code to the contrary, including provisions setting time limitations for the taking of actions, the Town Board shall not be required to take any action with respect to an application for the establishment of a natural products district if an application is not complete; provided, however, that nothing in this subsection shall be construed to require the Town to take action merely because an application is complete. An application for rezoning is complete upon the earlier of:
(a)
The date that the Town Board, as lead agency, determines that a draft environmental impact statement (DEIS) shall be dispensed with and the negative declaration is issued upon finding that the proposal will not significantly affect the environment; or
(b)
The date that a DEIS has been filed and accepted by the lead agency as satisfactory in scope and content.
(4)
An application for amendment, together with a metes and bounds description of the parcels for which rezoning is sought, shall be submitted by the applicant to the Town Clerk. The applicant shall furnish the Town with a copy of the application for a mining permit which the applicant plans to submit to DEC.
(5)
The Town Clerk shall transmit the application to the Town Board, which shall determine whether or not it will entertain the application for rezoning. The Board's decision not to entertain the request for rezoning is not subject to the SEQRA process [6 NYCRR 617.3(d)]. In the event that the Town Board determines that it will entertain the application, it shall refer the application, environmental assessment form and all other supporting documentation filed by the applicant to the Planning Board for its recommendation as to the classification of the action under SEQRA.
(6)
Upon receipt of the classification recommendation of the Planning Board, the Town Board shall conduct a coordinated review of the application for SEQRA purposes. After making a determination of significance, and after determining the application is complete [see § 150-67B(3)], the Town Board shall refer the application to the Planning Board in accordance with § 150-91 of this chapter.
(7)
Any applicant seeking to rezone an area to NP shall have the burden of demonstrating to the satisfaction of the Town Board that the criteria specified herein have been met. Prior to the Town incurring any extraordinary costs necessary for its deliberations and chargeable to the applicant, the Planning Board or the Town Board shall advise the applicant of said costs and obtain the applicant's agreement to bear such costs. In addition, the applicant shall procure and provide other data, such as surveys and maps, which may be required. The applicant shall also furnish the Planning Board with all information in his possession which might affect its decision.
C.
Procedure. Section 150-92 of this chapter shall govern the procedure for review of the rezoning request. Section 150-67B(3) shall apply to determining the completeness of the application.
D.
Review criteria for rezoning.
(1)
The Planning Board, before making its recommendation, and the Town Board, before making its determination, shall assess the effect of the proposed rezoning on the general health, safety and welfare of residents.
(2)
The Town's determination shall consider, but not be limited to, the following:
(a)
Impact on local traffic.
(b)
Aesthetic and natural environment of the excavation area and surrounding areas.
(c)
Impact upon groundwater; any residential or commercial water supply; drainage; nearby wetlands; and nearby critical environmental areas.
(d)
Impact on contiguous landowners.
(e)
The character and compatibility with surrounding land uses before, during and after the proposed mining operations.
(f)
Proposed buffers, setbacks from adjoining landowners, hours of operations and operational procedures to lessen dust, noise and visual impact.
(3)
The Planning Board and the Town Board shall also consider whether the proposed rezoning would result in a mining operation with:
(a)
Sand or gravel processing equipment within 1,000 feet of any nonowner-operator residence, school, playground or public gathering place.
(b)
Setbacks closer than 200 feet from road and property lines; 500 feet from occupied structures; 1,000 feet from existing schools, playgrounds or public gathering places; and 500 feet from a designated wetland or critical environmental area. An owner-occupied structure within a natural products zoning district is exempt from the five-hundred-foot setback.
E.
Reuse of the district. The Natural Products Zoning District is intended to be the land use zoning classification for mining operations only during the period of time when active mining is underway. After completion of mining operations, including reclamation, or nonuse for a one-year period, the district shall revert back to the preapplication land use district.
F.
Reapplication for rezoning. If an application for rezoning of a parcel of land to an NP district is denied, reapplication for the same parcel will not be entertained for a one-year period from the date of disapproval.
§ 150-68 Special permit requirement.
A.
In the event that the DEC issues a mining permit for a parcel in a natural products district, the applicant will be required to obtain a special use permit from the Planning Board pursuant to Article VII of this chapter. The Planning Board may impose conditions on the special use permit relating to public thoroughfares controlled by the Town and routing of mineral transport vehicles on roads controlled by the Town. In addition, the Planning Board may impose conditions concerning setbacks from property boundaries and public thoroughfares, rights-of-way, natural and man-made barriers to restrict access, dust control and hours of operations, if those conditions have been imposed by the DEC in its permit.
B.
Ingress and egress. Ingress and egress to a mining operation shall be on a state highway, wherever practical, unless the Town Board finds that unique conditions favor allowing ingress and egress on a Town or county road. Only a single point of vehicular access shall be provided to each mining site.
C.
The fee for the required special use permit shall be that set by the Town Board pursuant to Local Law No. 1 of the Year 2003.[1]
[Added 2-19-2003 by L.L. No. 1-2003]
[1]
Editor's Note: See Ch. 128, Fees.
§ 150-69 Procedure for compliance with statutory provisions.
A.
Upon receipt of a notice from DEC, pursuant to Environmental Conservation Law § 23-2711, the Town Supervisor, as chief administrative officer, shall schedule within two weeks a public hearing for the purpose of soliciting input from Town residents, regarding:
(1)
Appropriate setbacks from property boundaries or public thoroughfares and rights-of-way.
(2)
Man-made or natural barriers designed to restrict access, if needed, and, if affirmative, the type, length, height and location thereof.
(3)
The control of dust.
(4)
Hours of operation.
B.
Prior to the public hearing, the Supervisor shall provide a copy of the notice and accompanying documents to the Town Planning Board and Conservation Advisory Council for their review and recommendations.
C.
Following the conclusion of the public hearing, and at least five days prior to the expiration of the thirty-day comment period, the Town Board, at either a regularly scheduled Town Board meeting or special Board meeting convened for this purpose, shall review the comments made at the public hearing as well as any comments and recommendations by the Planning Board or Conservation Advisory Council and adopt the Town's recommendations to DEC. The Town Board shall also determine whether the proposed mine is in an area that has been zoned to natural products. The Town Board, or its designee, shall prepare supporting documentation justifying the particular recommendations.
D.
The Supervisor shall transmit the Town's determinations, together with the supporting documentation and a statement as to whether or not mining is prohibited in the location in question, so that they are received by DEC within 30 days from the date that the Supervisor received the original notice from DEC.
§ 150-70 Special use permit required for small-scale mining.
Any person who proposes the removal of more than 100 cubic yards and fewer than 1,000 tons or 750 cubic yards of minerals from the earth within 12 successive calendar months must obtain a special use permit from the Planning Board, pursuant to the provisions set forth herein.
§ 150-71 Standards and procedures for small-scale mining.
A.
Standards. Before granting a special use permit, the Planning Board shall determine that:
(1)
All lands to be covered by the permit are owned, leased, rented or otherwise controlled by the applicant.
(2)
The proposed excavation, quarrying and/or associated activity will not endanger the stability of adjacent structures nor constitute a detriment to public health, safety, welfare or convenience by reason of excessive dust, noise, traffic or other conditions before, during or after extraction.
(3)
The extraction site will not substantially encircle any residential or other use without the written consent of the owners and residents.
(4)
The operation will not adversely affect any wetland, watercourse or residential, commercial or municipal water supply or sewage disposal system.
(5)
The operation will not adversely affect any valuable environmental, cultural or historic features in the area.
(6)
Screening may be required in such a manner as to screen all activities from public view to the extent feasible.
(7)
No excavation or other mine-related activities will be conducted within:
(a)
One thousand feet of any school, playground or public gathering place.
(b)
One hundred feet of any designated wetlands as determined by DEC.
(c)
One hundred feet of any right-of-way.
(d)
Two hundred and fifty feet of any property line or boundary.
(8)
The slope of material in such topsoil, sand, gravel, clay and other earth shall not exceed the normal angle of repose of such material.
(9)
No mining or other mine-related activities will be conducted on Sundays or holidays, nor between the hours of 7:00 p.m. and 7:00 a.m. on Mondays through Saturdays. Further restrictions may be placed on the permit.
(10)
Mining activities at the site are restricted to excavation and removal of minerals from the site. Processing of minerals (i.e., washing, screening or mixing with materials from off site, etc.) shall be prohibited.
(11)
Appropriate transportation facilities, including roads and bridges, exist or can be economically provided to safely transport natural products mined within the Town.
B.
Procedures for small-scale mines.
(1)
In addition to the application required by § 150-42 and fulfilling the requirements of Article VII of this chapter, the applicant shall submit with the application the following documents:
(a)
A mining plan, including a metes and bounds description of the proposed area to be mined, and a plan for a phased reclamation, satisfactory to the Planning Board, of the proposed extraction area. In no case shall the mining plan and plan for reclamation be for a period in excess of three years. In the event that an abandoned mine is activated under this permit, reclamation of the entire affected area shall be considered part of reclamation requirements.
(b)
A plan for safeguarding the public health, safety and welfare of surrounding and nearby residents during extraction and related activities. This plan shall be approved by the Planning Board prior to issuance of a special use permit.
(c)
The fee as established by the Town Board pursuant to Local Law No. 1 of the Year 2003.[1]
[Added 2-19-2003 by L.L. No. 1-2003]
[1]
Editor's Note: See Ch. 128, Fees.
(2)
The Town shall bear no costs for outside consultant reviews deemed necessary by the Town pertaining to the project or the permitting process. Prior to the Town incurring any costs necessary for its deliberations and chargeable to the applicant, the Planning Board shall advise the applicant of said costs and obtain the applicant's agreement to bear such costs.
(3)
The applicant shall furnish the Planning Board with all information in his possession which might affect its decision. In addition, the applicant shall be responsible for promptly providing the Planning Board with any new information or circumstances since the filing date of the application.
(4)
If approved, the special use permit shall be issued by the Planning Board for a three-year period, subject to annual inspection by the Planning Board or its designee and to revocation for a finding of noncompliance with any condition of the permit.
(5)
Any permit, when issued, shall explicitly state all operating conditions which are necessary to assure compliance with this section and applicable Town and state laws, ordinances, regulations and operational procedures designed to minimize physical and aesthetic damage to the environment.
(6)
Each extraction site shall be governed by an individual permit. If an operating group conducts extraction operations at more than one site in the Town of Poestenkill, its conduct at all sites shall be considered in determining the provisions of each special permit and may be grounds for denial or restriction of such permit.
§ 150-72 Review of permits for small-scale mines.
A.
Permit renewals may be granted at the discretion of the Planning Board if the activity is proceeding in accordance with the provisions of the initial plan. No more than one permit renewal shall be granted. The renewal shall be for a period of three years, subject to annual inspection by the Planning Board or its designee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
All holders of permits shall advise the Planning Board of any change of facts and conditions which might affect their ability to operate under the permit.
C.
Immediately after any change of ownership of any extraction site or of the persons or entities directly responsible for its operation, the new owner or operator shall apply for a new permit, indicating on the application any existing or anticipated changes from the data, plans and/or conditions supporting or included in the previous permit.
D.
Each site shall be inspected for compliance by the Code Enforcement Officer prior to any permit renewal. A written report of such inspection and its findings shall be made to the Planning Board. Such inspection(s) shall be financed by a fee system as established by the Town Board pursuant to Local Law No. 1 of the Year 2003.[2]
[Amended 2-19-2003 by L.L. No. 1-2003]
[2]
Editor's Note: See Ch. 128, Fees.
E.
Each permit shall contain provisions which affect its suspension in the event of a finding of noncompliance with any term or condition of operation.
§ 150-73 Reclamation standards and requirements for small-scale mines.
Before issuing a special use permit, the Planning Board must find that the reclamation plan meets the following standards and requirements:
A.
Timetable. Reclamation is normally to take place after the removal of 750 cubic yards or 1,000 tons of mineral, unless the Town Planning Board determines that a different reclamation schedule is more appropriate.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Drainage and water resource protection. All final site drainage shall be designed, sloped, revegetated or treated by other measures so that drainage patterns, including volume and outflow points, will be the same as before the mining occurred, unless an alteration of patterns would improve drainage in the surrounding area. Measures must be specified to prevent erosion and sedimentation of wetlands, watercourses and ponds, and an erosion and sedimentation control plan recommended by the federal Natural Resources Conservation Service (NRCS) must be approved by the Planning Board. The pre-mining quality of any underlying aquifer must be preserved.
C.
Slopes. No slope shall be left with a grade steeper that one foot vertical on three feet horizontal for gravel or its normal repose slope for other minerals.
D.
Reclamation material. All restoration material used in the final grading of the site shall be free from refuse or toxic contaminants and shall be compacted as much as is practical, such as by installation in layers. Stumps, boulders and nontoxic debris generated by the mining operation shall be removed from the site and disposed of or buried and covered with a minimum of two feet of soil. All toxic debris and waste, including petroleum products, shall be removed from the mining site for proper disposal.
E.
Soil cover. Final soil depths and types shall be appropriate for the expected reuse specified in the application. Subsoil and topsoil shall be respread over the excavated area to a minimum depth of one foot: six inches of topsoil and six inches of subsoil. If the original soil depth was less than one foot, restoration shall be to a minimum of the original depth. This restored soil shall be treated with lime and fertilizer and seeded with a grass or legume mixture prescribed by the federal Natural Resources Conservation Service.
F.
Topsoil preservation. All topsoil shall be stripped from the active excavation area and stockpiled on site and seeded for use in accordance with the reclamation plan. Such stockpiles shall be treated to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property.
G.
Revegetation. Revegetation of the site to control dust and erosion and to restore the natural character is required. The operator shall maintain the vegetation for two growing seasons to ensure viability. Standards and specifications for revegetation shall be in accordance with recommendations of the NRCS-approved technical guides for actual area seeding.
H.
Bonding for reclamation. The Town Planning Board shall require the permit holder to post a bond in an amount at least sufficient to cover the costs of the reclamation plan.
§ 150-74 Grading permits.
[Amended 2-19-2003 by L.L. No. 1-2003]
A.
As provided for by § 150-66A(2), the Code Enforcement Officer shall be authorized to issue a grading permit for the removal of not more than 100 cubic yards of fill in conjunction with an approved subdivision or site plan where a permit is not required pursuant to the Mined Land Reclamation Law. Separate permits for a single lot shall not total more than 100 cubic yards within any ten-year period; where more than 100 cubic yards are to be removed, a special use permit shall be required. No excavation of soil, rock or other natural products shall adversely affect natural drainage or the structural stability or safety of adjoining buildings or lands. Excavations shall not create objectionable dust or noise nor create any kind of noxious or injurious substance or cause a public hazard.
B.
The Code Enforcement Officer shall be authorized to issue a grading permit for the deposit of 100 cubic yards or more of fill per acre per year on a site when no other permit allowing or regulating such deposit is required from the Town or any other governmental agency. The grading permit may specify the types of fill allowed.
[Added 6-20-2013 by L.L. No. 3-2013]
C.
No finished slope shall be created with holes or hills, or which slopes down from any adjoining property steeper than one foot vertical to two feet horizontal, and no fill or embankment shall be created which slopes upward from any adjacent property line steeper than one foot vertical to three feet horizontal, unless an adequate retaining wall is constructed in accordance with plans prepared by a professional engineer licensed to practice in New York State.
D.
The fee payable upon issuance of a grading permit shall be that amount established by the Town Board pursuant to Local Law No. 1 of the Year 2003.[1]
[1]
Editor's Note: See Ch. 128, Fees.
E.
All grading permits shall comply with Chapter 190.
[Added 6-20-2013 by L.L. No. 3-2013]