By Examiner Media Staff
A measure restricting any form of mining within the Town of Kent could go into effect in the coming months, as lawmakers seek to gain more control over work proposed by future developers.
With public concern igniting the conversation regarding mining work conducted within the town, Kent Town Board members discussed establishing a law that would place a six-month moratorium prohibiting mining on town property, during a Jan. 21 meeting. Specifically, the law would halt the excavation of sand, gravel, topsoil, rock or other natural material.
“We don’t technically have a town code section on mining,” said Town Supervisor Maureen Fleming.
Currently, the New York State Department of Environmental Conservation is the only regulatory agency that can issue mining permits to developers – leaving the town with little control. Additionally, mining isn’t a specific use, nor is it prohibited within the town code.
If the proposed moratorium goes into effect, officials believe it would allow them time to either amend a section of the town code to address mining and excavation work, or draft suitable legislation that would adopt additional zoning and land use provisions to regulate mining within the town.
Any changes would ensure all mining work conducted is in accordance with the terms and goals of the town’s Comprehensive Plan, officials said. Furthermore, the proposed law is intended to supersede state law.
“Maybe having a moratorium where we could really step back and consider at a more measured pace with really looking at the Comprehensive Plan, at recommendations from our town planner and engineer, (and) listening to residents might be a better way to go,” said Fleming.
The topic of mining has become a hot-button issue within the town since Kent Country Square LLC proposed building a truck stop on a 137-acre parcel east of the intersection of Ludingtonville Road on Route 52, and 1,500 feet away from Kent Elementary School and Kent Primary School.
Original plans called for a gas station, a rest stop, truck service and repair shop, two hotels, an indoor waterpark, a restaurant and convention center. Additionally, the plan would have resulted in the developer blasting 54 acres of rock and mining down 180 feet.
While the developer announced in October that the truck stop element of the project has been withdrawn, residents claim the developer still intends to mine the site owned by Kent Country Square LLC. Officials have since examined the town code and discussed not only identifying mining and creating new policies, but also strengthening regulations regarding work related to mining, such as excavation and any type of soil removal.
While the moratorium is proposed for six months with the option to extend, Fleming said it could end sooner if officials create new legislation prior to the deadline.
“We could impose a six-month moratorium and if we get something together in a month and a half, we can come back,” she said. “We can really just now concentrate on this, see what we want, listen to what residents want, and then we can cobble together what we feel is best for the town.”
The proposed law enacting the moratorium will be subject to a public hearing, scheduled Feb. 18.
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