Schodack City Zoning Code
ARTICLE XVIII
Mining and Excavation Overlay District
§ 219-185 Purpose.
A.
Purpose and intent. The purpose of these regulations is to provide mining and excavation in appropriate locations of the Town through performance criteria that balance the unique characteristics of each site, which include the following for the Mining and Excavating Overlay (ME-O) District:
(1)
To recognize that earth, sand, gravel, rock, peat and mineral resources within the Town are necessary and beneficial to the economy of the community and welfare of its citizens.
(2)
To provide for utilization of these resources in a manner compatible with nearby residential areas and to ensure restoration of excavation areas in such a manner as to conform to the land development plan.
B.
Approval process.
(1)
All procedures for approving a Mining and Excavation Overlay (ME-O) District shall comply with the regulations for Planned Development Districts (PDD) found in Article XII of this chapter. In any instances where specific permitted uses, area, or height standards, development guidelines and/or review procedures specifically set forth in this section conflict with any other general provision or requirements of the Zoning chapter, the particular provisions set forth herein shall take precedence and control. In all instances not specifically addressed in this section or in Article XII of this chapter, the Zoning chapter shall apply.
(2)
In addition to the Mining and Excavation Overlay (ME-O) District approval from the Town Board, a special use permit for the mining activity shall be required from the Planning Board.
§ 219-186 Mining and excavation use regulations.
A.
Extraction, commercial. The act of removing more than 750 cubic yards of any natural resources in any one-year period from the land, including, but not limited to, the removal of earth, rock, gravel, sand and underground materials, excluding timber and water; the preparation and processing of those same natural resources, including any activities or processes or parts thereof for the extraction or removal 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; for the purpose of sale. Commercial extraction excludes any other manufacturing processes, or other related commercial activities at the same property location. Commercial extraction shall not include site preparation activities which have Planning Board approval, or excavations in aid of agricultural activities consistent with New York State Agricultural and Markets Law, as amended.
B.
Extraction, private. Any extraction from the land of sand, gravel, or topsoil by the owner of the land, or any extraction for the purpose of sale of less than 750 cubic yards of said materials in any one-year period.
(1)
In the Mining and Excavation Overlay (ME-O) District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses.
(2)
Permitted uses. The following uses may be permitted in the Mining and Excavation Overlay (ME-O) District:
(a)
Earth, sand, gravel, peat or mineral excavation.
(b)
Permanent processing plants, handling and storage.
(c)
Portable processing plants, handling and storage.
(d)
Manufacturing of concrete products as a ready-mix concrete plant.
(e)
Ready-mix concrete plants.
(f)
Uses of the underlying districts shall be permitted when rehabilitation accompanies excavation.
§ 219-187 Special use permit requirements.
A.
In addition to the Mining and Excavation Overlay (ME-O) District approval and conditions, there shall be compliance with all applicable provisions of the New York State Mined Land Reclamation Law[1] and other Federal regulations.
[1]
Editor's Note: See § 23-2701 et seq. of the Environmental Conservation Law.
B.
The Applicant shall provide:
(1)
A copy of the Applicant's New York State Department of Environmental Conservation (NYSDEC) Mining Application to the Town of Schodack.
(2)
A time schedule for completion of either the entire operation or, if excavation is to occur in stages, of each stage of the operation shall be submitted for approval.
(3)
An operations plan, including the number and types of trucks and other machinery to be used on the site, shall be submitted for approval.
(4)
A buffered area of not less than 200 feet shall be established between all mining activities and the nearest property line.
C.
The special use permit shall be restricted to an active working area not to exceed 10 acres and to a time not to exceed five years, unless it conflicts with the approved NYSDEC permit.
§ 219-188 Rehabilitation plan required; performance bond.
A.
Upon initial application for a permit for operations listed in above, the applicant shall furnish a plan for rehabilitation of his or her existing excavated area (if any) and his or her adjacent areas subject to future excavation, such plan to be acceptable in content according to the general Town Comprehensive Plan, prior to issuance of permit. Format of the rehabilitation plan shall be determined by the Town Board.
B.
The restoration and rehabilitation plan shall show both existing contours and proposed final contours after operations are completed and shall be submitted for approval.
C.
A performance bond or suitable guaranty shall be filed with the Town Clerk to assure restoration and rehabilitation, the amount of said bond to be established by the Town Board.
§ 219-189 Deforestation.
Cutting of forest cover shall be required prior to excavation, but shall not be permitted in the zone outside the setback line, except where provided in accepted rehabilitation plans.