A Local Law To Amend Local Law No. I of 2016 Entitled 'A Local Law To Amend The Town of St Johnsville Land Use Law To Regulate Solar Energy Systems'.

I. FINDINGS. The St Johnsville Town Board finds that its Local Law No. I of 2016 should be amended to remain consistent with changes made by New York State statutory law, rules, regulations, and authoritative determinations of the Public Service Commission, all regarding solar energy systems.

II. AMENDMENTS. The Town of St Johnsville Land Use Law No. I of 2016

shall be amended in the following respects with all other provisions remaining as originally adopted unless, and until, amended further, to wit:

A. Section 45.3(B)(2)(A) shall hereafter read as follows:

Utility-scale solar energy systems and associated buildings, accessory structures and equipment to be located in an "A - Agriculture" district when property lines of proposed site do not touch a major roadway or highway, or do not border a town street or extension, shall have a minimum setback of up to 50-feet from any property line. A 50-feet setback is not required between an individual property owner's utility scale solar energy collector system when subdivided based on the New York Public Service Commission determination that allows site-approved solar facilities to be a maximum of 5 MW for purposes of Public Service Law 66-j and such setback shall not be required for a site-approved subdivided solar facility which complies with any future Public Service Law 66-j megawatt maximum allowed by the Public Service Commission.

B. Section 45 3(B)(2)(B) shall hereafter read as follows:

Local Law #4 of 2023 - A Local Law to Amend the Land Use Law for the Further Regulation of Quarries

A Local Law to Amend the Land Use Law for the Further Regulation of Quarries

I. FINDINGS.  The St. Johnsville Town Board, upon its continuing
moratorium review and to the extent not prohibited by superseding law or regulation, finds that local earth, sand, gravel and/or mineral excavation operations, whether existing or yet to be proposed, demand more specific and reasonable rules than now locally required in order to better safeguard the health, safety, peace, tranquility, and property values of outside-of-Village residents.

II. AMENDMENTS. The Town of St. .Johnsville Land Use Law is hereby amended in the following particular respects with all non-referenced provisions remaining 'as is' until such time as further amendments may be determined desirable, to wit:

A. Article Ill, DEFINITIONS. The word 'quarry', with the following meaning, is hereby added to definitions, to wit:

"Quarry. A place where stone, shale, slate, bank run material, sand, gravel, soil or earth is commercially excavated, removed, crushed, washed, graded or otherwise processed."

B. Article VU, SITE PLAN APPROVAL AND SPECIAL PERMITS, Section 27(C), CONDITIONS AND SAFEGUARDS.

Article VII, Section 27(C), first sentence, shall hereafter read as follows, to wit:

"In authorizing the issuance of a special permit it shall be the duty of the Planning Board to attach such conditions and safeguards as may be required, inclusive of property damage bonding or insurance for the benefit of surrounding land further the general objectives of this law provided that the considerations recited in Section 32 shall be deemed mandatory and inclusive to any special permit issued for quarry operations."

C. Article VIII, Section 32 - Mineral Extraction.

1. Article VIII, Section 32, shall hereafter be entitled "Quarry Extraction".

2. Article VIII, Section 32, in its entirety, shall hereafter read as follows, to wit:

"In the N-P-Natural Products district, the quarrying of more than one thousand tons or seven hundred fifty cubic yards, whichever is less, of material from the earth within twelve successive calendar months shall require a New York State Department of Environmental Conservation (DEC) permit and approval. Local review by the Planning Board is not authorized except as to the following (a - g) provisions to the extent not superseded by the New York State Department of Environmental Conservation pursuant to the New York State Mined Reclamation Law, or other authority, to wit:

A.  No quarrying of materials shall be conducted within two hundred (200) meters of any public road or other property line.

B. No power-activated sorting machinery or equipment shall be located within six hundred (600) meters of any public road or other property line and all such machinery shall be equipped with dust-elimination devices deemed satisfactory to the Planning Board.

C. The applicant shall provide to the Planning Board on a continual quarterly basis a list of all tax parcels that are within two (200) hundred meters of any public road or property line where quarrying operations are being conducted, or proposed to be conducted, or six hundred (600) meters of any public road or other property line where power-activated sorting machinery or equipment is located or is proposed to be located.