[HISTORY: Adopted by the Board of Trustees of the Village of Head-of-the-Harbor 4-21-1994
as L.L. No. 2-1994; amended in its entirety 5-19-1994
by L.L. No. 5-1994. Subsequent amendments noted where applicable.]
The New York State Environmental Conservation Law has imposed limitations
and conditions on mining that apply state-wide. These provisions recognize
the zoning authority of villages and towns in New York under the New York
State Constitution to enact local zoning laws which impose stricter standards
than those imposed under state law.
Mining will have an adverse impact on our existing terrain and habitats
and permanently alter existing site topography as well as the topography of
abutting properties. Mining, in varying degrees, involves the use of heavy
trucks and equipment and creates noise and air pollution, all of which adversely
affect the comfort, peace, enjoyment, health and safety and general welfare
of village residents. A mine operated within the village will adversely impact
upon the historical tranquility, natural beauty and aesthetic values of the
community as well as impact on surface water drainage and runoff and expose
the local aquifer to possible pollution and contamination.
As used in this chapter, the following terms shall have the meanings
indicated:
Any excavation of mineral, including top- and/or subsoil, for removal
from a site or parcel of land.
Any naturally formed, usually organic, solid material located on
or below the surface of the earth, including topsoil, peat, clay, humus and
sand.
The extraction of overburden, soil or minerals from the earth; the
preparation or processing of minerals or soils, including any activities or
processes for the extraction or removal of minerals or soils from their original
location and the preparation, washing, cleaning, crushing, stockpiling or
other processing at the mine location; the removal of such materials; and/or
the disposition of overburden, tailings and waste at the mine location. "Mining"
shall not include the excavation, removal and disposition of minerals from
construction projects approved by the village and for which a valid permit
has been issued.
All of the earth, vegetation and other materials which lie above
or alongside a mineral deposit.
Materials of inferior quality or value resulting from the removal,
preparation or processing of minerals or soils.
Mining shall be a prohibited use within any zoning district within the
village.
