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HomeMy WebLinkAbout2011-12-28 12-045 ORDINANCECOUNCIL ACTION Item No. 12 045 Date: December 28 2011 Item/Subject: Ordinance, Amending Chapter 165, Land Development Code, Section 165- 32, Quarries, Mining and Excavations, of the Code of the City of Bangor, By Adding Provisions Regarding Permit Extensions Responsible Department: Planning Division Commentary: The proposed amendment will clarify the procedure for extensions for quarry permits granted by the Planning Board. The Land Development Code presently has language for extensions of permits but provides no guidance as to the procedural steps required for and applicant or the Planning Board. Manager's Comments: For Referral to Planning Board Meeting of January 17, 2012 Associated Information: Ordinance Budget Approval: Director Legal Approval: Introduced for Passage X First Reading X Referral to Planning Board Jan. 17, 2012 /s/ Rodney G. McKay Department Head City Manager Finance Page 1 of 1 AN f iz 045 Assigned to Councilor - Sprague December 28, 2011 CITY OF BANGOR RgrEO, FE % (TITLE.) Ordinance, Amending Chapter 165, Land Development Code, Section 165-32, Quarries, Mining and Excavations, of the Code of the City of Bangor, By.Adding Provisions Regarding Permit Extensions WHEREAS, the Land Development Code requires conditional use permits for quarries, mining, and excavations; WHEREAS, after an initial five year permit period, the Code allows for renewal of the permit under like conditions for additional periods of no more than three years each; and WHEREAS, the Code gives no further information about the conditions under which a permit renewal is appropriate NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, The Code of the City of Bangor be amended as follows; § 165-32. Quarries, mining and excavations. After the effective date of this chapter, no quarries, mining or excavations shall be permitted except as provided in the district regulations of this chapter and only after receipt of a conditional use permit pursuant to § 165-9. No such approval shall be granted for such purposes unless the following requirements are met: A. A permit for a sandpit or quarry or for the removal of soil, loam, sand, rock or gravel or any minerals from the land will be issued by the Code Enforcement Officer upon approval of the Planning Board for an initial period of not more than five years, provided that such use is not seriously detrimental to the neighborhood and would not be detrimental to the adjacent waterways, nor shall such a permit be issued for any project which will seriously lower air quality standards promulgated by the State Department of Environmental Protection, Air Quality Bureau. Per=mits Fnbe renewed under 1.ke CA -1-19-4-44— re- addibenal peFieds of not more than three years each. Permiare not requiFed when sueh removal is ineidental Y f and in eenneetion , building, the eenstruetien of a Remit stmeture or sm i i- ning pool fer whieh a building permit has been issued by the Gode Enfereernent G.fifi.eer Or -o-v-11sen linel-dental to the grading or laying out of land for development or Renewal _ in .. •. •. 2 • • • • • •y `_ • 12 045 w • �+ '.. •"1 - ! �.i - it - '- , LU An updated Wo showinalhe areas quarried and remaining to be guarried under the r i i r P=t extension shall notbe allowed -if it wouldresult in changesr ,- the scol2e of the original ZgrMlt i5aged. •i• - r • _ •r - • • rl� - - , • • , :•, iwill consider �� �! meeting itakeongr Choosethe fQllowingL LZI o it r -(After nQUce is pmyided cQnsistent With the nQUO 12rovisions of , • i M r r • ' � " �.� ' • �� r r 1 - .ter . ,_ 1. 1 - • , r • ,,r , , i- ,•1! rlM• �i r r, r • , • V - JL r *li - 1 • i`.1.• r .1+ 1 �•il"Slt•1 - � • . ill r , i r ,- - •, r , .i , , rad.". , r .,i Additions are un erlined,deletions strdek-theagh. IN'CITY COUNCIL December 28, 2011 First Reading and Referral to Planning Board of January 17, 2012 Le z 2 Z/�� INTERIM CITY CLERK IN CITY COUNCIL January 23, 2012 Motion Made and Seconded for Passage Vote: 9-0 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gallant, Gratwick, Longo, Haves, Sprague & Weston Councilors Voting No: None Passed `�� - Z / b1RTE1ft9 CITY # 12-045 ORDINANCE CrrrLE,) Amending Chapter 165, Land Development Code, Section 165-32, Quarries, Mining and Excavations, of the Code of the City of Bangor, By Adding Provisions Regarding Permit Extensions . e-_� Assigned to Councilor_ e MEMORANDUM DATE: January 18, 2012 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Chapter 165-32 Excavations Council Ordinance 12-045 Please be advised that the Planning Board at its meeting on January 17, 2012, held a Public Hearing on the above zoning amendment. Planning Officer David Gould indicated the proposed amendment was intended to provide clarity to the existing language in the Land Development Code that allows an applicant to request a three-year extension to a quarry or mining permit. While the provision is in the Code it does not give any guidance as to process, procedure or notification for such an extension request. In conjunction with the Legal office, Staff provided some clarity for an extension process attempting to provide notice to abutters and a fair procedure for concerns to be heard. There were no opponents or proponents speaking to the above zoning amendment. The Board asked if the extension would be granted by Staff or the Board. Mr. Gould noted that presently the language is an extension by the Board and Staff did not want to change that, just provide clarity as to the process and procedure. The Board voted all in favor and none opposed to recommending approval of Council Ordinance 012-045.