§ 53-3. Operations regulated; fees.

A. 

No lands or other premises shall be operated or used for mining operations unless the premises is zoned L-2 Industrial and has a DEC mining permit or is a legal preexisting mine with a DEC permit.

B. 

"Mining operations" does not include the removal of sand, gravel, stone, or other materials for: the construction of roads, drainage structures, recharge basins, sanitary systems, drywells, foundations, pools, parking lot construction, including cross access. In the event a subdivision, site plan or other land use application includes the removal of materials for the construction of roads, drainage structures, recharge basins, sanitary systems, drywells or foundations, the applicant must submit a materials removal plan. The materials removal plan shall be reviewed by the Department of Planning, Environment and Land Management. The least amount of material to allow for construction shall be approved by the Department of Planning, Environment and Land Management. The Department shall accept, reject or accept with modification each materials removal plan. The final determination of the amount of material subject to the fees set forth in § 29-7C shall rest with the Commissioner of the Department of Planning, Environment and Land Management. Topsoil may not be removed and shall remain on site for landscaping purposes.

C. 

The materials removal plan shall:

(1) 

Be prepared by a New York State (NYS) licensed professional engineer (PE) with the objective of ensuring the least amount of material is removed from the premises; and

(2) 

Include a PE-certified estimate of the amount of material to be removed for the construction of roads, drainage structures, recharge basins, sanitary systems, drywells, foundations or pools; and

(3) 

Include a PE-certified engineer's analysis of the amount of materials to be removed; and

(4) 

Include the reasons for material removal and an explanation as to why other engineering techniques that would eliminate the need for removal of soils cannot be accomplished on the subject site, including, but not limited to, cutting and filling, the import of soil backfill approved by an environmental regulatory agency and certified by the PE to be clean [meet 6 NYCRR Subpart 375-6.8(b) soil cleanup objectives for residential land use and protection of groundwater], use of retaining walls and/or grading.

D. 

In the event a subdivision, site plan or other land use application includes removal of excess material, other than for construction of roads, recharge basins, drainage structures, sanitary systems, drywells, foundations or pools, the applicant may appeal to the Board of Zoning Appeals for permission to conduct said activities. The appeal shall be made in the form of a use variance and the Board of Zoning Appeals shall review the application as a use variance in conformance with Town Code § 85-57C and Town Law § 267-b. The application shall be on a form prescribed by the Board of Zoning Appeals and shall include a materials removal plan indicated above. The Board of Zoning Appeals shall hold a public hearing and shall make a determination as to approval, deny or approve with conditions the proposed mining operations. In addition to the criteria contained herein, the Board of Zoning Appeals shall consider the following criteria in making its determination:

(1) 

The location of the premises relative to sensitive environmental areas, including, but not limited to, groundwater deep recharge zones (Zones I and III, Long Island Comprehensive Waste Treatment Management Plan, Koppelman, 1978), wetlands, wild and scenic rivers, and critical environmental areas (CEAs). Excess material removal in sensitive environmental areas shall not be permitted.

(2) 

The proposed changes in topographic slopes and elevations of the premises relative to existing slopes and elevations on the premises and all abutting properties. Excess material removal that changes the topographic elevations or slopes of the premises in a manner so as to alter drainage patterns, groundwater recharge, viewsheds, or vegetation patterns on the premises or abutting properties or that may result in increased soil erosion, groundwater degradation, or other negative impacts shall not be permitted.

(3) 

The proposed elevations throughout the premises following materials removal and prior to any backfilling, relative to the elevation of the water table surface beneath the premises, as determined from maps most recently published by the U.S. Geological Survey or Suffolk County Department of Health Services. Excess materials removal shall not be permitted if the vertical separation between the water table and the lowest proposed elevation is less than 15 feet. Materials removal plans shall maximize the vertical separation between the water table and the proposed elevations to protect groundwater.

(4) 

The nature and extent of vegetation removal. Vegetation removal shall be minimized, particularly the removal of native vegetation and mature forest. Vegetation removal shall not be permitted within the lot line setbacks applicable under the zoning of the premises, and in no case within 50 feet of the premises' lot lines.

(5) 

The applicant's proposed restoration of the premises following materials removal; the proposed restoration must be detailed in a restoration plan. The restoration plan must include slope stabilization measures, drainage design, backfill placement as needed (consistent with soil import requirements in § 53-3C), revegetation with native plant materials in kind with native plant materials on the premises and abutting properties, and other measures as needed to restore the topographic slopes, natural drainage, and vegetative cover of the premises following materials removal. The restoration plan shall include a monitoring plan. The monitoring plan shall be implemented over a minimum of five years following restoration and shall include, at a minimum, an annual inspection of the topographic slopes, drainage, and vegetative cover of the premises by a NYS-licensed PE, who shall recommend any measures needed to repair any deficiencies in the restoration. Any identified deficiencies shall be corrected within three months of identification and monitoring shall be continued for not less than five years following any corrective measures.

(6) 

At no time shall any backfill be placed on the premises that includes suspect materials, including but not limited to historic fill, construction and demolition debris, asbestos-containing materials, asphalt, or other deleterious materials, regardless of the backfill chemical composition. "Suspect materials" shall include, but not be limited to, solid waste and materials that contain hazardous substances as listed in 6 NYCRR Part 597, "Hazardous Substances Identification, Release Prohibition, and Release Reporting."

(7) 

The least amount of material to allow for construction shall be approved by the Zoning Board of Appeals.

E. 

No sand mine, gravel mine or sand and gravel mine shall be used for a sanitary or other landfill.

F. 

Fees. There shall be the following fees payable to the Town of Brookhaven pursuant to an approved grading plan under authority of this chapter:

[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]

(1) 

Fees shall be as established by Town Board resolution.

(2) 

All fees required pursuant to this chapter and as established by Town Board resolution shall be due upon final conditional approval of each subdivision section and/or each site plan and/or site plan phase.