Town of Kingston, NY
Ulster County
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[HISTORY: Adopted by the Town Board of the Town of Kingston 10-21-1982 by L.L. No. 2-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 425.
This chapter shall be known as the "Local Law for Regulation of Extractive Operations."
As used in this chapter, the following terms shall have the meanings indicated:
MINE
Any pits or underground workings from which any mineral is produced for sale, exchange, commercial, industrial, or municipal use and all shafts, slopes, drifts, or inclines leading thereto, and includes all equipment above, on or below the surface of the ground used in connection with such pits or workings.
MINERAL
Aggregate, cement, rock, clay, coal, curbing, dimension stone, dolostone, emery, flagstone, garnet, gem stones, gravel, gypsum, iron, lead, limestone, marble, marl, metallic ore, paving blocks, peat, riprap, roadstone, salt, sand, sandstone, shale, silver, slate, stone, talc, titanium, trap, rock, wollastonite, zinc, or any other solid material or substance of commercial value found in or on the earth. Overburden shall be considered a mineral whenever it is removed from the affected land for sale, exchange or use in the regular operation of a business.
MINING OPERATION or OPERATION(S)
The extraction or removal of minerals from the ground or the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation or processing of minerals at the mine location so as to make them suitable for sale, exchange, commercial, industrial, or municipal use; but shall not include excavation or grading when conducted solely in aid of on-site farming or construction. Excavation and removal of 100 tons or more of minerals incidental to farm improvements or construction projects shall be considered mining if such minerals are removed for the purpose of sale, exchange, commercial, industrial or municipal use. Extraction and removal of overburden and minerals shall not be considered to be mining when done only for the purpose of extracting samples or specimens for scientific purposes, or only for the purpose and to the extent necessary to determine the location, quantity or quality of any mineral deposit so long as no minerals removed during exploratory excavation are sold, processed for sale or consumed in the regular operation of a business.
OVERBURDEN
All of the earth and other materials which lie above or alongside mineral deposits and includes all earth, soil and other materials disturbed from their existing state in the process of mining exclusive of the mined materials.
OWNER
The person who has title to the mineral deposits on any given tract of land and who has the right to extract minerals for sale and to appropriate the minerals he extracts therefrom either for himself or others or for himself and others.
REHABILITATION PLAN
The applicant's proposal for rehabilitating the affected land.
SITE DEVELOPMENT PLAN
The applicant's proposal for mining the affected land.
SURFACE CONSOLIDATED MINE
A mine from which such minerals as limestone, dolostone, sandstone, marble, slate, flagstone, curbing, dimension stone, riprap, abrasives, gypsum, iron, talc, titanium or other metallic or nonmetallic minerals are removed.
SURFACE UNCONSOLIDATED MINE
A mine from which such minerals as topsoil, borrow, fill, peat, humus, sand or gravel are removed.
The purpose of this chapter is to promote the health, safety, morals and general welfare of the community, including the protection and preservation of the property of the Town of Kingston and of its inhabitants by establishing specific requirements and regulations governing surface consolidated and surface unconsolidated mines in the Town of Kingston, Ulster County, New York.
Before commencing extractive operations, or within 90 days from the effective date of this chapter, for existing operations, the following shall be presented to the Town of Kingston Planning Board:
A. 
A site development plan consisting of two copies of a map with a scale of one inch equaling no more than 100 feet showing:
(1) 
All land within 200 feet of the boundaries of the proposed site.
(2) 
Present topography at two-foot contour intervals.
(3) 
Exact locations of all:
(a) 
Buildings.
(b) 
Streets.
(c) 
Utilities.
(d) 
Drainage or other easements.
(e) 
Watercourses.
(f) 
Tax Map block and lot numbers.
(g) 
Names of the landowners.
(h) 
Signature of a licensed engineer or land surveyor.
(i) 
Total area(s) to be mined clearly defined.
B. 
If the landowner of the proposed site is not making application, a notarized letter of permission dated within 90 days of application from the landowner shall be presented.
C. 
An application fee of $100, payable to the Town Clerk, Town of Kingston, no part of which is refundable.
D. 
A rehabilitation plan, showing both existing and proposed final contours for all affected land, the method of rehabilitation, and a schedule for performing rehabilitation, shall be submitted to and approved by the Planning Board. After any such operations, the site shall be made reusable for a use permitted in the district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation. The area shall be brought to the final grade by a layer of earth of two feet or original thickness, whichever is less, capable of supporting vegetation. All ridges, peaks and slopes created either by excavation of a mineral or by the disposal of spoil shall be left no steeper than the following:
(1) 
Rock (ledge or bedrock): 45°, depending upon the condition and characteristics of the formation as it exists in the mine.
(2) 
Talus (broken rock): 37°, or a slope of 1 vertical on 1 1/4 horizontal, unless the talus is to be covered and revegetated, in which case the slope shall not exceed that which is required for fine sand, silt and clay.
(3) 
Coarse sand and gravel: 33°, or a slope of 1 vertical on 1 1/2 horizontal.
(4) 
Fine sand, silt and clay: 26°, or a slope of 1 vertical on 2 horizontal. The slope provisions contained herein may be modified with the approval of the Planning Board.
E. 
A rehabilitation bond as described in § 245-6.
A. 
The proposed operation shall not adversely affect:
(1) 
Soil fertility.
(2) 
Existing water table.
(3) 
Drainage.
(4) 
Lateral support of abutting land or other properties.
(5) 
The established character of the neighborhood.
B. 
The proposed operation shall not contribute to soil erosion by water or wind.
C. 
There shall be no blasting on:
(1) 
Weekends (7:00 p.m. Friday to 7:00 a.m. on the following Monday).
(2) 
Weekdays between 7:00 p.m. and 7:00 a.m.
(3) 
Holidays:
(a) 
New Year's Day.
(b) 
Washington's Birthday.
(c) 
Good Friday.
(d) 
Memorial Day.
(e) 
July 4th.
(f) 
Labor Day.
(g) 
Election Day.
(h) 
Thanksgiving Day.
(i) 
Christmas Day.
D. 
There shall be no operations within 1,000 feet of any residence on:
(1) 
Weekends (7:00 p.m. Friday to 7:00 a.m. on the following Monday).
(2) 
Weekdays between 7:00 p.m. and 7:00 a.m.
(3) 
Holidays:
(a) 
New Year's Day.
(b) 
Washington's Birthday.
(c) 
Good Friday.
(d) 
Memorial Day.
(e) 
July 4th.
(f) 
Labor Day.
(g) 
Election Day.
(h) 
Thanksgiving Day.
(i) 
Christmas Day.
E. 
Where any open excavation will have a depth of five feet or more and a slope of more than 30°, there shall be a substantial fence, approved by the Planning Board, with suitable gates as necessary, effectively blocking access to the areas in which such excavation is located. Such fence shall be located 40 feet or more from the upper edge of the excavation. All operations shall be screened from nearby residential areas, as required by the Planning Board, to prevent such operations from constituting an "attractive nuisance" or threat to the safety of children and others.
F. 
That portion of access roads located within 500 feet of any lot in residential use shall be provided with a dustless surface.
G. 
The top of the natural slope in cut for any excavation, and any mechanical equipment, shall not be closer than 50 feet to any lot line.
H. 
Proper measures, as determined by the Planning Board, shall be taken to minimize the nuisance of noise and dust. Such measures may include, when considered necessary, limitations upon the practice of stockpiling excavated materials upon the site.
I. 
At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties. The site operator shall be held legally liable for such harmful effects.
J. 
No screening, sifting, washing, crushing, or other forms of processing shall be conducted.
K. 
A variance of any of the limitations of this section may be issued by the Town Board upon receipt of a request for such variance from the mine owner or his agent and on terms and conditions as prescribed by the Town Board. The Town Board shall respond to such request promptly.
Before site development plan approval is granted, the owner or his agent may be required to post a bond, or an additional bond above and beyond the New York State required bond. This bond or additional bond may be required if in the opinion of the Town Planning Board, with concurrence of the Town Board, a bond is necessary, or the State of New York bond is insufficient, for site rehabilitation in accordance with the site rehabilitation plan.
A permit for extractive operations shall be issued by the Town Board only after written approval of the site development plan by the Planning Board. The permit fee shall be $100 per year.
The following shall be held liable for penalties for any and every violation of the provisions of this chapter:
A. 
The owners, general agent, or contractor of a premises where such violations have been committed or shall exist.
B. 
The lessee or tenant of the premises where such violations have been committed or shall exist.
C. 
The owner, general agent, contractor, lessee or tenant of any part of the premises in which part of said violation has been committed or shall exist.
D. 
The general agent, architect, engineer, surveyor, building contractor, or any other person who knows, permits, takes part in, or assists in any violation, or who maintains any premises in which such violation shall exist.
Violations of this chapter shall be punishable by a fine of not more than $250, and/or imprisonment for not more than 15 days, or both such fine and imprisonment. Each day said violation is permitted to continue shall constitute a separate violation. Such fines or penalties shall be imposed or collected as like fines are now by law imposed or collected.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Nothing contained in this chapter shall prevent the Town Board from maintaining an action or proceeding in the name of the Town in a court of competent jurisdiction to compel strict compliance with the provisions of this chapter or restrain by injunction the violation of any of the provisions of this chapter or any rule or regulation promulgated hereunder.