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
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Assigned to Councilor - Sprague December 28, 2011
CITY OF BANGOR
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(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
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12 045
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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
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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
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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.