As used in this article, the following terms shall have the
meanings indicated:
The excavation or extraction of earth, sand, gravel, stone,
quarry material, clay, loam, humus, topsoil or other earth material
from a lot and removal thereof from that lot; or any temporary storage
of such materials by stockpiling, or any processing of excavated or
stockpiled materials, or any of the related land use activities engaged
in during the above activities such as construction of buildings,
barriers and other structures, clearing of property, removal or placement
of trees, vegetation and earth material, or the regrading or movement
of earth material within the boundaries of a single lot or subdivision.
The removal of up to 200 yards of earth material from any lot
requires a permit from the Building Inspector or Zoning Enforcement
Officer but shall not require a special permit nor be subject to the
mining overzone location requirement. The applicant shall submit relevant
documentation to the Building Inspector or Zoning Enforcement Officer
in connection with any such project, and if the Building Inspector
or Zoning Enforcement Officer, in his sole discretion, is satisfied
that no more than 200 yards of earth material will be removed from
such lot, the Building Inspector or Zoning Enforcement Officer may
issue a permit. If the Building Inspector or Zoning Enforcement Officer
is in doubt as to the overall scope of the project or the exact amount
of earth material that will be removed, the Building Inspector may
deny the issuance of a permit and the applicant shall then be required
to obtain a special permit from the Planning Board. There should be
no fee for the permit except that, if the removal of earth material
has taken place prior to the application for a permit, the fee for
a permit in such instance shall be in the amount as set forth from
time to time by the Town Board. The permit referenced herein shall
not be applicable in connection with any lot that is part of a subdivision.
There shall be a mining overzone as shown on the Town of Ghent
Mining Overzone Map in which zone mining shall be permitted by special
permit subject to the regulations set forth hereafter. Mining is not
permitted in any other area of or zone in the Town of Ghent unless
specifically excluded from this requirement pursuant to the provisions
of this section.
A.
Exceptions to the mining overzone:
(1)
The removal of up to 200 yards of earth material as set forth above
or the regrading or moving of earth material within the boundaries
of a single lot or subdivision comprising of not greater than 200
yards of material.
(2)
In the RA1 and RA2 Zones, in connection with the construction and
development of a subdivision, the excavation and removal of earth
material of a total quantity that does not exceed the smaller of the
following:
(3)
Also exempt from the mining overzone location requirement shall be
the construction and development of a site plan requiring approval
by the Planning Board and, in conjunction therewith, the excavation
and removal of earth materials of a total quantity that does not exceed
500 tons or 375 cubic yards (whichever is less).
(4)
Ponds: Also exempt from the mining overzone location requirement
is the construction of a pond where no more than 8,000 cubic yards
of material are removed from the site.
A special permit shall be required from the Planning Board for
the removal of more than 200 cubic yards of earth material, whether
or not a permit by the Department of Environmental Conservation is
also required. Section 23-2711 of the Environmental Conservation Law
requires a mining permit from the New York State Department of Environmental
Conservation where the mining activity involves removal of more than
1,000 tons or 750 cubic yards of material, whichever is less, in any
12 successive calendar months. In the latter instance, one of the
conditions for obtaining a special permit from the Town of Ghent shall
be the approval by the Department of Environmental Conservation of
the application.
With regard to all special permits which are not subject to
the applicant having to obtain a permit from DEC, the Planning Board,
in granting such special permit shall consider the health, safety
and welfare of the community and shall address the following issues:
A.
Appropriate setbacks from property boundaries, public roads and/or
rights-of-way. In this regard, no mining may take place within 75
feet of any property boundary nor within 200 feet from any public
roadway.
B.
The existence or creation of man-made or natural barriers designed
to provide adequate screening and the type, length, height and location
of same.
C.
The control of dust; so that dust does not migrate off the site.
D.
The hours of operation, which shall not exceed 12 hours in any one
day nor commence before 7:00 a.m. on any day nor extend beyond 7:00
p.m. on any day, nor shall there be any activities conducted at the
site on Sunday.
E.
The area and depth of excavation. No excavation shall be within five
feet of the existing water table.
F.
The steepness of slopes excavated.
G.
Adequacy of public roadways or rights-of-way providing direct access
to and from the site. If an existing Town roadway is proposed to be
utilized for direct access to and from the site, the Planning Board
shall determine, based upon written information presented, including
input from the Town Highway Superintendent and the Engineer retained
by the Planning Board for the project, that the roadway is adequate
to support the projected truck traffic for this project. If the Planning
Board determines, based on such input and written information presented,
that the roadway is not adequate to support the projected truck traffic
for this project, then mining at the proposed site shall not be permitted
unless suitable arrangements are made by the applicant, subject to
the approval of the Town Board, to improve the Town roadway so that
it is adequate to support the projected truck traffic for this project.
H.
A mining plan setting forth in reasonable detail the proposed mine
site, length of operation and type and quantity of materials to be
removed.
I.
A reclamation plan to provide for restoration of the proposed site.
J.
A reclamation bond in the amount of at least $3,000 per acre or other
suitable financial security in at least such amount suitable in the
discretion of the Board to ensure compliance with the reclamation
plan. The reclamation bond shall remain in effect until the reclamation
is completed in accordance with the requirements of the approved plan.
K.
The applicant's plan shall provide for proper drainage of the area,
both during and after the excavation.
L.
No excavation shall interfere or alter any natural watercourse.
M.
The Planning Board may, if it deems appropriate, direct that the
applicant proceed to mine in stages and may require reasonable provisions
in connection with closing and reclamation of the existing stage prior
to permitting the applicant to commence mining activities in the next
stage.
N.
Upon reclamation, no sharp and declivities pits, depressions or soil
erosion problems shall be created and no slopes or banks shall exceed
whatever slope is necessary in order to obtain stability.
O.
The Planning Board may require suitable fencing for enclosing the
property if it deems that this is appropriate.
P.
The applicant must demonstrate that the proposed access to and from
the property will not create safety or traffic hazards, and shall
provide a plan whereby trucks and other vehicles coming to and leaving
from the site will utilize the most desirable routes to and from the
state highway so as to minimize to the greatest extent possible such
traffic passing through residential areas.
Q.
Loading and hauling. Trucks and vehicles shall be loaded and operated
so as not to spill gravel, rocks, sand or other earth materials upon
the roads and highways utilized to and from the site, or otherwise
impair or damage the roads or highways.
R.
Noise and vibration. The applicant shall be required to take all
measures necessary in order to reduce the noise level to the greatest
extent possible. The applicant shall demonstrate that there shall
be no vibration affecting properties beyond the limits of the lot.
S.
The Planning Board may in its discretion require the applicant to
submit written proof that the proposed mining is not subject to the
laws and rules set forth in the New York State Mined Land Reclamation
Law.
T.
In consideration of whether the special permit should be granted, the Planning Board may also consider such criteria as it deems necessary as set forth in Article VI, Site Plan Review.
U.
In considering whether to grant a special permit, the Planning Board shall also determine that the project meets all of the requirements set forth in the Town of Ghent Code § 190-18, General standards for the granting of a special permit.
V.
The Planning Board may also consider such other measures reasonably
necessary to mitigate any other environmental impact that may arise
as a result of the mining operation.
With regard to all special permits which are subject to the
applicant having to obtain a permit from DEC, the Planning Board,
in granting such special permit, shall consider the health, safety
and welfare of the community and shall address the following issues:
A.
Appropriate setbacks from property boundaries, public roads and/or
rights-of-way. In this regard, no mining may take place within 75
feet of any property boundary nor within 200 feet from any public
roadway.
B.
The existence or creation of man-made or natural barriers designed
to provide adequate screening and the type, length, height and location
of same.
C.
The control of dust; so that dust does not migrate off the site.
D.
The hours of operation, which shall not exceed 12 hours in any one
day nor commence before 7:00 a.m. on any day nor extend beyond 7:00
p.m. on any day, nor shall there be any activities conducted at the
site on Sunday.
E.
Adequacy of public roadways or rights-of-way providing direct access
to and from the site. If an existing Town roadway is proposed to be
utilized for direct access to and from the site, the Planning Board
shall determine, based upon written information presented, including
input from the Town Highway Superintendent and the Engineer retained
by the Planning Board for the project, that the roadway is adequate
to support the projected truck traffic for this project. If the Planning
Board determines, based on such input and written information presented,
that the roadway is not adequate to support the projected truck traffic
for this project, then mining at the proposed site shall not be permitted
unless suitable arrangements are made by the applicant, subject to
the approval of the Town Board, to improve the Town roadway so that
it is adequate to support the projected truck traffic for this project.
F.
The Planning Board may require suitable fencing for enclosing the
property if it deems that this is appropriate.
G.
The applicant must demonstrate that the proposed access to and from
the property will not create safety or traffic hazards and shall provide
a plan whereby trucks and other vehicles coming to and leaving from
the site will utilize the most desirable routes to and from the state
highway so as to minimize to the greatest extent possible such traffic
passing through residential areas.
H.
Loading and hauling. Trucks and vehicles shall be loaded and operated
so as not to spill gravel, rocks, sand or other earth materials upon
the roads and highways utilized to and from the site, or otherwise
impair or damage the roads or highways.
I.
Noise and vibration. The applicant shall be required to take all
measures necessary in order to reduce the noise level to the greatest
extent possible. The applicant shall demonstrate that there shall
be no vibration affecting properties beyond the limits of the lot.
J.
In considering whether to grant a special permit, the Planning Board shall also determine that the project meets all of the requirements set forth in the Town of Ghent Code § 190-18, General standards for the granting of a special permit.
K.
The Planning Board may also consider such other measures reasonably
necessary to mitigate any other environmental impact that may arise
as a result of the mining operation.
With respect to all special permit applications where the applicant
must also obtain a permit from DEC, the following rules apply:
A.
Any conditions imposed by the Board shall be subject to the provisions
of Environmental Conservation Law § 23-2711.
B.
Upon receipt by the Town of notification of an application to DEC
for a permit for mining, the application shall be referred to the
Planning Board and the Planning Board shall conduct a preliminary
review under § 23-2711 of the Environmental Conservation
Law or its successor and shall issue its findings to the Department
of Environmental Conservation within 30 days of the date of such referral
was made.
C.
In the instance where a mining permit from the Department of Environmental
Conservation is required, the applicant shall submit to the Planning
Board copies of all correspondence and documentation between the applicant
and DEC, specifically including but not limited to the mining application,
mining plan, reclamation plan, reclamation bond(s), any environmental
assessment form, any environmental impact statement, any other documents
required pursuant to SEQR regulations, engineering reports and renewal
application(s).
D.
At all times the applicant shall maintain a valid, in-force DEC mining
permit which shall be available for inspection by the Town Building
Inspector or Zoning Enforcement Officer.
E.
At all times the applicant shall be required to operate in compliance
with the DEC mining permit.
Applications for a special permit shall be submitted in writing
to the Town of Ghent Planning Board. The application shall be accompanied
by 10 copies of maps and plans prepared by an engineer or surveyor
licensed to practice in the State of New York and showing the following:
A.
Participants. The full names, signatures and addresses of the owner,
lessee, operator and applicant and the written consent of the mortgagee,
if any.
B.
Proof of ownership of the property and the names and addresses of
all parties having an interest in any entity involved as the owner
or operator of the site, such as a limited liability company, corporation
or limited partnership which owns or has an interest in the property.
C.
Description of proposed operations. A statement clearly detailing
the nature and extent of operations, including the type and amount
of material to be filled, regraded or removed, the manner in which
it will be accomplished, the proposed hours of operation, and a time
schedule for the completion of the various stages of the operation.
D.
Site plan map. A site plan map drawn to scale, prepared by an engineer
or surveyor licensed to practice in the State of New York, showing
all improvements on the property as well as the proposed area for
mining and other improvements to be constructed in connection with
the mining operation.
E.
Boundaries of property. The boundaries of the property where the
excavation is proposed and the area to be excavated, filled or regraded.
F.
Existing contours. Existing contours in the area of operations and
proposed contours after completion of the work, which contours shall
be prepared from an actual field survey, shall be based on a benchmark
noted and described on the map and shall be drawn to a scale of not
less than 100 feet to the inch and with a contour interval not to
exceed two feet. If necessary, the Planning Board may require more
detailed contours.
G.
Existing and proposed water bodies and drainage. Existing and proposed
watercourses, water bodies, erosion control and drainage on the premises.
H.
Surrounding area. Surrounding streets and property lines and names
of property owners.
I.
Natural features. Principal wooded areas, any rock outcrops and watercourses.
J.
Existing and proposed structures. Existing and proposed structures
on the premises and surrounding properties.
K.
Proof that there are no unpaid real property taxes or assessments
on the premises which are delinquent.
L.
Phasing plan. Phasing plan for operations and restoration of the
site.
M.
Other. Such other maps, plans, boring tests, feasibility studies
and engineering data as may be required by the Planning Board in order
to determine and provide for the proper enforcement of these regulations.
N.
State environmental quality review. The application must include
an environmental assessment form and such information necessary to
comply with SEQR. The application shall be subject to all SEQR laws
and regulations.
A.
The mining overzone shall not apply to the mining of shale or peat,
but the special permit requirements shall be applicable.
B.
No stockpiling of more than 200 yards of material on any lot shall
be permitted for more than 60 days unless associated with an approved
mining plan or unless a use permit has been obtained from the Town
in connection with the operation of a business. With respect to any
proposed or approved subdivision, the limitation of no stockpiling
of more than 200 yards of material for more than 60 days shall apply
to the entire parcel being subdivided.
C.
Other criteria; inspection. The Town Building Inspector and/or Zoning
Enforcement Officer shall have the right to inspect all or any part
of the mine or mining operation at any time. If the Town Building
Inspector and/or Zoning Enforcement Officer determines that there
is a violation of operating conditions and/or that the mining operation
is not being conducted or cannot be conducted in accordance with the
plans as approved, the mining permit shall automatically become null
and void, upon notification sent to the permittee by regular mail
to the address given on the application. The permittee may change
this address from time to time in writing submitted to the Town Building
Inspector and/or Zoning Enforcement Officer.
D.
Length of permit. The Planning Board shall determine the length of
any mining permit issued; however, no mining permit shall be issued
for more than five years. If it is contemplated that the mining operation
will take more than five years, then the applicant shall apply to
the Planning Board for renewal of the permit before the expiration
of the five-year period. Upon an application for renewal, the Planning
Board shall review the status of the mining operation and determine
if the applicant has complied with all existing permit conditions.
Renewal shall not be permitted in a case where there is any outstanding
violation with respect to any permit or approval or where a required
permit or approval has not been obtained or has been revoked. If the
applicant is seeking any modifications or changes to the original
permit or approval previously given, the Planning Board shall review
any such request(s) in accordance with the provisions of this section.
E.
Escrow account. Each applicant shall deposit with the Town of Ghent
an amount of money to be determined by the Planning Board in order
to cover any expenses incurred or to be incurred by the Town of Ghent
in connection with the inspection of the mine or mining operation.
The amount of the escrow deposit shall be determined by the Planning
Board based upon the scope of the mining operation, including but
not limited to the area of land involved, proposed amount of material
to be removed, and length of operation. The minimum amount for such
deposit shall be the sum of $500. The money in the escrow account
shall be used by the Town of Ghent to pay for any experts, professionals
or other personnel retained by the Town of Ghent in connection with
any such inspections or reports made in connection with the mining
operation.
Any special permit shall be subject to the applicant obtaining
any other necessary permits required by the Town, county, state or
any other regulating agency, including but not limited to permits
for water control and entrances from the public highway to the site.
The fines for violation of the conditions set forth in the permit
or for mining without having obtained the necessary permit or for
the continuance of mining after the permit has expired shall be as
follows:
A.
For each day mining continues after a cease-and-desist order or violation
notice is served, there should be a minimum fine of $1,000 per day
and a maximum fine of $15,000 per day. The fine shall be determined
by the Town Justice, who shall consider the market value of any unlawfully
mined material when setting the appropriate fine, as well as any other
criteria said Town Justice determines to be reasonably related to
the subject violation.
With respect to mines which currently are being operated in
the Town of Ghent pursuant to valid permits which have not expired,
the owner of any such property shall be entitled to continue the operation
of same pursuant to the provisions of a valid permit currently in
effect through the time that such permit expires. Thereafter, any
application for renewal of an existing valid permit shall be subject
to the provisions of this law.
The Town of Ghent hereby adopts a mining overzone map which
is entitled "Town of Ghent Mining Areas," prepared by Morris Associates,
P.S., LLC, dated February 22, 2005 and which map is on file at the
office of the Ghent Town Clerk and which map shows the area in which
mining shall be permitted in the Town of Ghent by special permit subject
to the laws set forth in this article.
