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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.