[HISTORY: Adopted by the Town Board of the Town of Mendon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-13-2001 by L.L. No. 7-2001 (Ch. 138 of the 1994
Code)]
A.
This article is enacted in order that land may be mined and excavated
in the Town in an orderly and reasonable manner while protecting the
value of property, the health, safety and general welfare of the public
and the natural beauty and aesthetic values in affected areas.
B.
The New York State Mined Land Reclamation Law (Environmental Conservation
Law § 23-2701 et seq.) reserves to the state permit-granting
authority, reclamation standards and certain other authority over
the extractive mining industry in the state which exceeds a certain
volume of production. That state law allows for the exercise of certain
powers by local governments over mining and excavational activities.
C.
The Town Board finds that the only extractive mining operation within
the Town is a sand and gravel operation, which is a preexisting, nonconforming
use in a residential zone, and further finds the volume of production
of that operation is such as to bring it within the state regulatory
authority.
D.
This article is enacted to supplement the provisions of state law
governing that sand and gravel operation.
A.
The sand and gravel operation existing within the Town is Tax Account
Nos. 221.01-2-1 and 214.03-2-6 (commonly called "Hanson Aggregates
BRD"), which comprises about 105.43 acres of land as shown on the
Town of Mendon Tax Map. This operation is a preexisting, nonconforming
use and is the only mining and excavation activity in the Town.
B.
This sand and gravel operation may not expand onto adjacent or other
parcels of land.
C.
In the event that these tax account numbers are amended or altered
to include additional land, then mining or extractive activity is
prohibited on such additional land.
A.
The state is required by state law to refer to the Town for comment
all permit applications for mining activities within the Town over
which the state has jurisdiction. The Town is required to comment,
if it decides to do so, within 30 days.
B.
The Town Supervisor is required by state law to make the comments
on behalf of the Town. The Supervisor shall consult with the Town
Board before making such comments, except that if mining activities
are prohibited by Town law at the proposed site, the Supervisor shall
promptly so notify the state in writing.
C.
State law permits comments by the Town as to appropriate setbacks
from property boundaries or public rights-of-way, man-made or natural
barriers to restrict access, control of dust and hours of operation.
The Town Board finds, based on past experience and previous Town Board
legislative standards, that the following are reasonable and necessary
minimum requirements that ought to attach to any such permit granted
by the state in this Town:
(1)
Setbacks: at least 75 feet from property boundaries or public rights-of
way.
(2)
Barriers to restrict access: a four-strand barbed-wire fence adjacent
to any portion of the excavation face reasonably accessible to the
public, whether the excavation face is active or inactive. The fence
shall be at least 10 feet back from the excavation face or, if the
excavation face is less than 10 feet from the property line, the fence
shall be of equal distance from the excavation face and the property
line. The four strands of barbed wire shall be at one-foot horizontal
intervals with the lowest being one foot above the ground; and poles
or stakes supporting such barbed wire shall be at intervals not greater
than 10 feet.
(3)
Dust control. A vegetative buffer zone shall exist between all excavation
faces and adjacent property lines, unless the existing topography
provides a natural buffer.
(4)
Hours of operation: from 7:00 a.m. to 6:00 p.m. local time.
A.
The Town Code Enforcement Officer shall have the authority and responsibility
for inspection of all mining operations in the Town and shall report
to the Town Board any violations of state or Town laws regulating
the same, including violations of any conditions attached to state
permits.
B.
Violations of state law or state permit conditions shall also be
promptly communicated to the appropriate state authority.
C.
The Town Board may take such legal action as it deems appropriate
to enforce state and Town law and permit violations.
[Adopted 8-13-2001 by L.L. No. 8-2001 (Ch. 97 of the 1994
Code)]
It is the purpose of these regulations to provide for excavations which are associated with approved site development(s) in the Town of Mendon. This article does not apply to extractive mining operations, which are governed by Article I of this chapter.
It is hereby declared to be the intent of these regulations
to remove the danger to the health, safety and general welfare of
Town residents that may otherwise be caused by excavations by regulating
the manner of removal of natural site materials.
Nothing contained in this article shall require any person engaged
in farming operations to obtain a permit for the purpose of moving
topsoil or earth from one location to another on the same land for
grading, improving or draining of said land, provided that such removal
is necessary for or accessory to the farming operations.
A.
Before any excavation is commenced, an application for an excavation
permit from the Town Board shall have been filed with the Town Clerk
and approved by the Town Board pursuant to the provisions of this
article.
B.
Upon filing an application for an excavation permit, a fee in the
amount set by the Town Board in the fee schedule shall be paid by
the applicant.
C.
In addition to said fee, the applicant may be required to post with
the Town a letter of credit in an amount sufficient to permit the
Town to reclaim the excavated area. The amount of said letter of credit
shall be determined by the Town Board in consultation with the Town
Engineer, Town Attorney and Town Supervisor.
A.
The Code Enforcement Officer shall determine from the application
for an excavation permit the number of yards proposed to be excavated
or removed and shall certify this amount to the Town Clerk. The fee
for said permit shall be established, at a rate per cubic yard of
excavated material, by resolution of the Town Board.
B.
No excavation may be conducted by the permit holder beyond the terms
of the original permit, until such time as an amended permit has been
approved by the Town Board.
C.
At the end of the permit period, the permit holder shall have a duly
licensed engineer certify as to the amount of material excavated during
the permit, and certify a copy of said engineer's report. Said
report shall be filed with the Town Clerk within 60 days of the end
of the permit period and affixed to the permit file.
D.
In the event that it is determined by the Town Engineer, upon review
of the engineer's report cited above, that more material has
been excavated than authorized by the permit, the permit holder shall
be subject to a penalty not less than twice nor more than four times
the amount of the original permit fee. Said penalty shall be payable
within 30 days after receiving notification from the Code Enforcement
Officer of said violation.
A.
Five copies of each application for an excavation permit shall be
signed by the applicant and/or property owner and shall include the
following:
B.
For each excavation site, the applicant shall submit five copies
of an approved subdivision or site plan for development of the site
which shows the area to be excavated and all lands and improvements
thereon within 300 feet from such area to be excavated.
C.
Each excavation site shall include a surveyor's sketch of existing
and proposed topography, a recent aerial photograph delineating the
area to be excavated and identifying all existing physical features
within the area depicted. In addition, said application shall identify
all adjacent land use, including private wells operating within 1,000
feet of the excavated area.
D.
In addition, each application shall include five copies of a natural
features and improvements map prepared by a licensed engineer or surveyor
at a scale no smaller than one inch equals 50 feet. The map shall
show the following, both within the site where excavation is to occur
and within 500 feet of the boundary of said site:
E.
Each application shall include five copies of an operations map,
presented as an overlay to the natural features map. The following
features, including the area devoted to each, shall be shown:
(1)
Existing and proposed excavation areas.
(2)
Existing and proposed appurtenant activities, identified by type.
(3)
Existing and proposed access roads, identified by width and surface
material.
(4)
The area where topsoil will be temporarily stored for use in site
restoration, including measures to prevent erosion into nearby streams,
if any.
(5)
The location, size and type of erosion and sedimentation controls
to be used.
F.
Each application shall include five copies of a restoration plan
presented as an overlay to the natural features map and consisting
of whatever supplementary descriptive materials are deemed appropriate.
The restoration plan shall include the following:
(1)
Boundaries of the area proposed for restoration.
(2)
The final topography of the area proposed for restoration at contour
intervals of five feet.
(3)
The final surface drainage pattern and the location and characteristics
of artificial drainage facilities in the area proposed for restoration
and in contiguous areas.
(4)
The depth and composition of topsoil proposed to be used in restoration.
(5)
The types of vegetation proposed to be used in restoration.
In considering an excavation permit, the Town Board shall consider
the Planning Board's record on the proposed subdivision or site
plan; the environmental effects of said excavation operation on such
matters as groundwater impacts, erosion potential, sedimentation impacts,
reuse of the area for agricultural purposes, impairment to the aesthetic
or natural environment of the excavation area or surrounding area;
effects on adjacent land use; nuisances; and whether the area excavated
can be effectively restored and revegetated.
A.
The area to be excavated shall not exceed 10% of the total site area
approved for development by the Planning Board.
B.
No excavation shall be conducted closer than 200 feet to a public
right-of-way or to any adjoining property line. No stockpiled materials
shall be located closer than 200 feet to any property line.
C.
All access roads shall be designed to take advantage of buffers and
to include curves or other features to screen, as much as feasible,
excavation and appurtenant activities from public view. All access
to a public road shall meet standards set forth in the Town of Mendon
Design Criteria.
D.
All topsoil shall be stripped from the active excavation area and
shall be stockpiled for use upon the premises in accordance with the
restoration plan. All stockpiles so established shall be promptly
measured by the permit holder's duly licensed engineer, and a
certified statement as to the volume of said topsoil shall be filed
with the Town Clerk. All such stockpiles shall be seeded, covered
or otherwise treated to minimize the effects of erosion by wind or
water upon the public roads, streams or other water bodies or upon
adjacent property. No topsoil shall be removed from the site until
the Code Enforcement Officer has verified the volume of said topsoil
stockpiled and all owners of the proposed sites have first been offered
the opportunity to purchase said topsoil for reuse elsewhere on the
original site.
E.
Existing hills, trees and ground cover fronting along and within
200 feet of a public road or adjacent property shall be preserved,
maintained or supplemented by selective cutting, transplanting and
addition of new trees, shrubs and other ground cover for the purpose
of providing a buffer.
F.
An adequate drainage system shall be provided to convey stormwater
runoff originating on or crossing the area to be excavated. No excavation
shall be located closer than 200 feet to a stream or other natural
water body or to a federal or state freshwater wetland. Soil erosion,
sedimentation and groundwater seepage shall be controlled so as to
prevent any negative effects on bodies of water, public roads and
neighboring properties. No ponds or pools of water shall be created
or allowed to remain in any excavated area, unless said ponds or pools
are specifically authorized as an accessory use.
G.
Hours of excavation and appurtenant activities, including the operation
of any machinery, shall be conducted only between 7:00 a.m. and 6:00
p.m. and shall not be allowed on Sunday. Loaded trucks shall leave
the premises only within the hours permitted for the excavation and
appurtenant activities.
H.
Noise from excavation, appurtenant activities and related operations
shall not be such as to unduly interfere with the quiet enjoyment
of neighboring properties.
I.
No excavation shall occur below the average annual groundwater level,
nor below a depth that is above the groundwater level and is more
than 20 feet below the average level of said area prior to any excavation.
Where an excavation is proposed in an area that has been previously
excavated, the applicant's engineer shall determine the level
of the natural, unexcavated terrain, and no excavation greater than
a depth of 20 feet below said natural level or below the average annual
groundwater level will be allowed.
J.
No excavation shall occur where a slope greater than one to three
is created. All slopes greater than 15% shall be surrounded by fencing
acceptable to the Town Board.
A.
No slopes shall remain with a slope steeper than one foot of vertical
rise to three feet of horizontal distance.
B.
All stumps, boulders and other debris resulting from the excavation,
appurtenant activities or related operations shall be disposed of
by approved methods. If allowed to be disposed of on site, such debris
shall be covered with a minimum of three feet of topsoil.
C.
Topsoil shall be spread over the reclaimed excavated area to a minimum
depth of four inches or to the average original (preexcavation) topsoil
depth, whichever is greater. The soil shall be restored to a condition
that is as fertile or more fertile than it was prior to excavation.
D.
The restored area shall be planted with trees, shrubs, grass or other
vegetation so as to provide for screening, natural beauty and soil
stability. The planting shall follow acceptable conservation practices.
E.
Restoration shall occur such that natural and storm drainage, where
it enters and leaves the site, shall be altered only to the minimal
degree necessary to carry out excavation and appurtenant activities.
Any alterations of natural and storm drainage shall not adversely
affect public roads or neighboring properties.
F.
Restoration shall be a continuous operation during the time that
an area is being excavated. Topsoil grading and planting of the area
designed for restoration during the permit period shall be properly
completed.
G.
Within six months of completion, all equipment and evidence of the
operation shall be removed from the premises or disposed of by approved
methods and all restoration shall have been completed.
H.
All stockpiled materials remaining upon any excavated area shall
be removed within one year following the termination of the excavation
operation and the land used for the stockpiles restored in a manner
which complements the remainder of the site.
A pond, artificial lake or other man-made excavation for the purpose of collecting or diverting surface water, such as a wildlife marsh or drainage ditch, shall be deemed to be an excavation and subject to the requirements of this article. All such excavations shall be subject to approval by the Monroe County Soil and Water Conservation District and, where applicable, the New York State Department of Environmental Conservation. All ponds shall be considered structures which shall comply with the minimum setback requirements as established by Chapter 260, Zoning, of the Town Code.
A.
Operation.
(1)
A permit is required to allow the removal of turf from any lands
in the Town of Mendon. Said permit shall require the owner and operator
of the area being so excavated to leave at least four inches of topsoil
upon the completion of turf removal.
(2)
No permit to remove turf shall be granted for any land which is subject
to flooding or which will adversely affect the drainage of any adjacent
lands unless specific plans are presented for proper controls and
said plans have been approved by the Monroe County Soil and Water
Conservation District.
(3)
Adequate measures shall be taken to prevent dust conditions during
excavation.
B.
Restoration. Any area from which turf has been removed and not replanted
shall, between the period commencing April 1 and ending September
15, be prepared into a loose seed bed, limed, fertilized and seeded
in the following manner:
(1)
Apply necessary ground limestone to raise the pH factor to 6.5 (acidity
measurement).
(2)
Apply 10-20-10 fertilizer or equivalent at the rate of 500 pounds
per acre.
(3)
Disc area to work limestone and fertilizer into soil to a depth of
at least three inches.
(4)
Smooth area with smoothing harrow.
(5)
Sow a minimum of the following mixture per acre: eight pounds bird's-foot
trefoil and eight pounds timothy or other mixture approved by the
Monroe County Soil and Water Conservation District.
(6)
Roll firm with ground roller or cultipacker.
C.
The Town Board shall establish fees for each crop of turf raised.
D.
A letter of credit shall be provided in an amount set by the Town
Supervisor and in a form approved by the Town Attorney. This letter
of credit shall remain in effect to the Town during the permit, until
such time as the restoration of the excavated areas has been completed.
Any person, firm, company or corporation operating or conducting
any excavation in violation of any of the provisions of this article
and any person, firm, company or corporation assisting in the commission
of any violation of this article or of any conditions imposed by the
Town Board pursuant to this article and any person, firm, company
or corporation who or which shall omit, neglect or refuse to do any
act required by this article shall be guilty of an offense and shall
be subject to penalties as provided elsewhere in the Code of the Town
of Mendon.
Upon the violation of any provisions of this article or any
other provisions of the Code of the Town of Mendon, the Town Board
may suspend for 30 days any permit issued hereunder and, following
a public hearing, may revoke any said permit.
Where this article imposes greater restrictions than are imposed
by the provision of any law, ordinance, regulation or private agreement,
this article shall control. Where greater restrictions are imposed
by law, ordinance, regulation or private agreement than are imposed
by this article, such greater restrictions shall control.
