[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:
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.
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.
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.
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.
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.
The applicant's proposal for rehabilitating the affected
land.
The applicant's proposal for mining the affected land.
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.
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.Â
B.Â
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.Â
An application fee of $100, payable to the Town Clerk,
Town of Kingston, no part of which is refundable.
D.Â
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)Â
Rock (ledge or bedrock): 45°, depending upon the
condition and characteristics of the formation as it exists in the
mine.
(2)Â
Talus (broken rock): 37°, or a slope of 1 vertical
on 1Â 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)Â
Coarse sand and gravel: 33°, or a slope of 1 vertical
on 1Â 1/2 horizontal.
(4)Â
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.
B.Â
The proposed operation shall not contribute to soil
erosion by water or wind.
C.Â
D.Â
E.Â
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.Â
That portion of access roads located within 500 feet
of any lot in residential use shall be provided with a dustless surface.
G.Â
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.Â
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.Â
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.Â
No screening, sifting, washing, crushing, or other
forms of processing shall be conducted.
K.Â
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.Â
The owners, general agent, or contractor of a premises
where such violations have been committed or shall exist.
B.Â
The lessee or tenant of the premises where such violations
have been committed or shall exist.
C.Â
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.Â
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.
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.
