HomeMy WebLinkAbout2013-04-08 13-123 ORDINANCECOUNCIL ACTION
Item No. 13-123
Date: April 8, 2013
Item/Subject: ORDINANCE, Enacting a Moratorium on Quarries
Responsible Department: Planning
Commentary:
This Ordinance enacts a moratorium on the City's acceptance of applications or the issuance of permits
for quarries, mining,, and excavations in the Rural Residence and Agricultural District. If approved, it
will continue for 180 days from April 8, 2013.
In 2012 the City heard from several citizens concerned about quarries within the City of Bangor and
their proximity to and impact upon homes. City staff has looked into possible amendments to the City's
Land Development Code to address these concerns.
Municipalities are authorized by 30-A M.R.S. § 4356(1) to enact moratoria if the application of existing
comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is inadequate to
prevent serious public harm from residential, commercial or industrial development in the affected
geographic area. The purpose of the moratorium is to allow for sufficient opportunity to revise the existing
Land Use Ordinance. This Ordinance Amendment was reviewed by the BED at its March 26, 2013 meeting.
Department Head
Manager's Comments: jQ6/
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
/ � City licitor
Introduced for
Passage
x First Reading
_ Referral
13-123
APRIL 8, 2013
r
Assigned to Councilor Blanchette
NC
CITY OF BANGOR
0 � 0
(TITLE,) Ordinance, Enacting a Moratorium on Quarries
WHEREAS, quarries, mining, and similar excavation operations are currently allowed by permit in
Bangor's entire Rural Residence and Agricultural District in accordance with § 165-32 of the Code of
the City of Bangor;
WHEREAS, this potentially allows for development of quarries in and around existing residential areas,
without sufficient regard for the hazards of locating these uses near each other; and
WHEREAS, permitting quarries, mining, and excavations to locate near residential properties could
pose serious threats to the public health, safety, and welfare of the residents of the City by conducting
such extraction activities without adequate provision for safety, noise, vibration, dust, setback
distances, land use compatibility, and screening;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS,
A moratorium on the acceptance or processing of applications by the Code Enforcement Officer or
Planning Board for quarries, mining, and excavations pursuant to § 165-32 in the Rural Residence and
Agricultural District is enacted as follows:
§ 1. Necessity.
Municipalities are authorized by 30-A M.R.S. § 4356(1) to enact moratoria:
A. To prevent a shortage or an overburden of public facilities that would otherwise occur
during the effective period of the moratorium or that is reasonably foreseeable as a
result of any proposed or anticipated development; or
B. Because the application of existing comprehensive plans, land use ordinances or
regulations or other applicable laws, if any, is inadequate to prevent serious public harm
from residential, commercial or industrial development in the affected geographic area.
In accordance with § 4356(1), the Bangor City Council finds that a moratorium on the
acceptance or processing of applications or issuance of permits for quarries, mining, and
excavations pursuant to § 165-32 in the Rural Residence and Agricultural District is necessary
and warranted in order to allow sufficient opportunity to revise the existing Land Use Ordinance
to prevent serious public hams from such developments in areas of existing residential
development.
IN CITY COUNCIL
April 8, 2013
F't R.
CITY CLERK
IN CITY COUNCIL
April 22, 2013
Motion made and seconded for Passage
Vote: 8-1
Councilors Voting Yes: Baldacci, Blanchette, Civiello,
Hawes, Longo, Nealley, Sprague, Durgin
uncilor Voting No: Gallant
13-123
APRIL 8, 2013
§ 2. Moratorium on acceptance of or processing of applications or issuance of permits for quarries,
mining, and excavations in the Rural Residence and Agricultural District.
The Bangor Code Enforcement Office and Planning Board shall not accept or process any
applications for quarries or mining or excavations pursuant to § 165-32 in the Rural Residence
and Agricultural District while this moratorium is in effect.
§ 3. Term.
This moratorium shall continue for 180 days from April 8, 2013. It may be extended for
additional 180 -day periods in accordance with 30-A M.R.S. § 4356(2) upon a finding by the
Bangor City Council that the problem giving rise to the need for the moratorium still exists and
reasonable progress is being made to alleviate the problem giving rise to the need for the
moratorium.