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D R A F T
Town of
ARTICLE I – TITLE & PURPOSE
1.1 Purpose
The purpose of this Ordinance is to put into law minimum removal and reclamation standards; and municipal procedures intended to regulate the removal, processing and storage of topsoil, loam, rock, flat rock, sand, gravel, metallic minerals, or other similar materials. These standards and procedures are intended to protect the public health, safety, and general welfare; and to minimize the adverse impact of extraction to the Town, abutting property owners, citizens of the Town, and wildlife and natural resources by:
A) Preserving and protecting surface and groundwater quality and quantity for current and future use of the town and/or its residents.
B) Preserving the value of property and its future ability to be an asset to the town and its residents.
ARTICLE II –
AUTHORITY, APPLICABILITY & ADMINISTRATION
2.1 Authority
A. This Ordinance is enacted pursuant to Home
Rule Powers as provided for in Article VIII-A of the Constitution of the State
of
B. This Ordinance shall be known and may be
cited as the Town of
2.2 Administration
The
provisions of this Ordinance shall be administered by the Town of
2.3 Effective
Date
This
Ordinance shall be effective upon its adoption by vote of the eligible voters
of the Town of
2.4
Applicability – (rework for next
meeting – Eric)
A. The provisions of this Ordinance shall apply
to all mineral extraction activities within the boundaries of the Town of
1. formerly
inactive, now active;
2. active
and unpermitted by the Town DEP;
3. new
or proposed; and
4. expansions of the above, and mineral extraction activities previously permitted by the town, except as provided in Article III of this Ordinance.
5. handling, processing, or other accessory uses.
B. Inactive is defined as mining extraction that
has ceased for 48 consecutive months prior to the passage of this Ordinance, in
any areas where mining extraction activity had previously occurred. As long as
no mining extraction activity recurs in the affected area, or on contiguous
land under a common scheme of development, the inactive area shall remain exempt
from this ordinance. If mining extraction activity begins again in the inactive
area or contiguous land in the same ownership or under common scheme of
development, the new area shall be subject to this ordinance. Any application
submitted to the Planning Board, for any portion of the affected area, shall be
classified for size, and treated as if it included all the previously exempt unreclaimed inactive area.
C. Active and unpermitted mining extraction activity is active mining extraction without a permit by the Town. This activity is subject to the entire ordinance; and shall be classified for size, and treated as if it included all affected areas, including contiguous land under common scheme of development with mining extraction activity, and inactive land.
D. The owner or operator of any active unpermitted mineral extraction activity shall within 90 days
from the effective date of this ordinance submit an application pursuant to
this ordinance.
E. Any owner or operator of an active operation that has not applied for a permit within 90 days from the effective date of this ordinance or received an extension for good cause from the Planning Board shall be in violation of this ordinance.
2.5 Severability
Should
any section of this Ordinance be declared by the courts of the State of
2.6 Conflict
with other Ordinances
This Ordinance shall in no way impair or remove the necessity of compliance with any other rule, regulation, bylaw, permit or provision of law. Where this Ordinance imposes a greater restriction upon the use of the land, buildings or structures, than any other rule, regulation, bylaw, permit or provision of law, the provisions of this Ordinance shall prevail.
ARTICLE III –
EXEMPTIONS
3.1 This ordinance shall not apply to the following:
A. Mineral extraction activities that affect less than 1 acre of surface area that is active or unreclaimed of the entire property and/or the removal or handling of less than 1,000 cubic yards of material in 12 consecutive months.
B. Storage or Stockpiles of winter abrasives (sand) used for the maintenance of private or public roads. This applies to the stockpile or storage area itself and not any associated mineral extraction activity or area;
C. Removal or filling of material for all improvements incidental to construction, alteration or repair of a structure, town or state roads, or in the landscaping incidental thereto;
D. Construction of farm and fire ponds and normal agricultural operations;
E. Inactive areas where previous mining had last occurred at least 48 months prior to the adoption of this ordinance; and
F. Activities presently permitted by the Town, if an annual compliance inspection is required by the Town.
G. Removal of stone or rock walls or foundation walls;
H. Stripping of topsoil (loam) not part of a mineral extraction
operation to a depth of no greater than 1 foot provided the area so stripped is
reseeded in the same growing season as removal; and
I. Excavation of material used for personal purposes.
[NOTE: Non compliance may trigger an application or amendment which would require compliance with this ordinance.]
ARTICLE IV –
MINERAL EXTRACTION ACTIVITY REVIEW
4.1 Application
The size,
scale, number of copies, and other administrative details, are to be as
specified by the ordinance. Prior to the establishment, continuation or
expansion of a mineral extraction activity, an applicant shall apply for an
approved mineral
A. Name, address and telephone number of the
applicant, and the name, address and telephone number of the owner of the
property, if different from the applicant.
B. Verification of the right title or interest
the applicant has in the property; and a copy of the deed(s) of the property
together with copies of all covenants, deed restriction easements, rights of
way, or other encumbrances, including but not limited to liens and mortgages
currently affecting the property.
C. Site Plan and application shall include the
following:
1. The date the plan was prepared with the
name, address and telephone number of the person or company that prepared such.
2. Scale is to be no more than 100 feet or
less than 40 feet per inch. All dimensions to be marked in feet or decimals of
a foot, north arrow shown, and paper size 24" by 36".
3. Contour lines showing elevations in
relation to mean sea level at appropriate intervals to show the effect on the
land of existing and proposed grades for areas proposed to be excavated or
filled. Contour intervals shall be a maximum of 5 feet.
4. Boundaries of the tract of land showing
lot lines, abutting lots, within 1,000 feet as defined by the Land Use
Ordinance and illustrated on the Town of Wales Tax Assessor’s Maps, with total
acreage of the whole parcel(s) indicated, and the Town of Wales Tax Assessor’s
map and lot number(s); the names of all the property owners within 1,000 feet
of any line, as determined by the Wales Tax Records, shall be shown. The
Planning Board may require a boundary survey of the property by a licensed surveyor
if the boundaries are in question.
5. Location of existing and proposed mineral
extraction activities and structures on the property.
6. Approximate location of residences on
properties within 1,000 feet of the proposed activity.
7. Location and identification of existing
public and private streets, roadways and rights-of-way on or abutting the property.
8. Location of proposed access road to the
mineral extraction activity from public roadways.
9. Location of all setbacks, buffers, and
conservation areas, and protected natural resources.
10. Location and arrangement of proposed parking
and loading areas and their appurtenant drives and maneuvering areas.
11. Location of existing and proposed utilities
and easements, such as sanitary sewage, water supply, and electricity on the
property.
12. Location, intensity, type, size and
direction of all outdoor lighting.
13. Location and size of signs and all permanent
outdoor fixtures such as fences, gates, utility poles.
14. Location and type of existing and proposed berms, fences, hedges, and tree lines.
15. Location of existing natural drainage ways
and proposed storm drainage facilities, including dimensions of culverts,
pipes, etc. If any portion of the mineral extraction activity is in a
flood-prone area, the boundaries of any flood hazard areas and the 100- year
flood elevation shall be delineated on the plan.
16. Location of existing wells:
a) within 1,000 feet of
the proposed activity, if 5 acres or more; or
b) within 500 feet of
the proposed activity if less than 5 acres; and all wells on the parcel itself.
17. Location of proposed hazardous material storage
areas including but not limited to fuel storage and handling, and washdown areas.
D. Name of the proposed manager of operations.
E. An estimate of the average daily traffic
during periods of operation projected to be generated by the activity to show
that the minimum standards in Article V will be met and a traffic impact
narrative, if required, as stated in Article V of this ordinance.
F. A narrative description of the surface and
ground water impacts, including protection plans and the identification of any
significant mapped aquifers.
G. Information and a map showing Soils Conditions
on the site of the proposed mineral extraction activity. For subsurface sewage
disposal proposed, the information shall include evidence of soil suitability
according to the standards established in Article V of this Ordinance. The Site
Plan shall show the location of soil test areas.
H. A soil erosion and sedimentation control plan,
prepared in accordance with the standards contained in the latest revision Best
Management Practices (BMP’s) as established by the State.
I. A “Preservation of Natural and Historic
Features” map if required by Article V of this Ordinance.
J. A reclamation plan showing the final grades
and re-vegetation plan, and any phasing of the plan.
K. A narrative description of the impact on the
wildlife habitat, and the location of any deer yard or other significant
wildlife habitat designated by Maine Dept. of Inland Fisheries and Wildlife,
including any proposed mitigation.
L. A narrative description of the present use of
the parcel and property within 500 feet of the activity.
M. Estimated longevity of the operation,
including phasing.
N. Proposed hours and days of operation.
O. Types and amounts of equipment to be used in
the operation.
P. Proof of financial capacity, and/or capacity
to obtain a Performance Guarantee as specified in Article VI, payable to the
Town of
Q. A Spill Prevention, Control & Containment
(SPCC) Plan. (See Article V §2-C).
R. Blasting Plan, if any.
S. Plan for screening the excavation activity
from abutters and any public roads.
T. All submissions made to any federal or state
agency concerning the property.
U. Pertinent information the planning Board may
require to meet standards in Article V.
4.2 Alternate
Submissions
Activities
that already have a valid DEP permit or a complete pending DEP application may
submit the DEP application to the Planning Board subject to the Planning Board
request for additional information on submissions above, not covered by the DEP
application.
4.3 Waivers
of submissions
The
planning board may grant waivers from specific application submission
requirements, provided the applicant can demonstrate all of the following;
A. A waiver would not be contrary to the public
interest;
B. A literal enforcement of submission
requirements would result in unnecessary or undue hardship;
C. The intent of the item being waived can be met
in some other manner; and
D. There will be no adverse impacts resulting
from the waiver.
4.4 Application
Procedures
A. Submission of Application for newly proposed,
and for expansions of existing mineral extraction activities.
1. Applications for mineral extraction activity permits shall be submitted to the Town Clerk or Chairman of the Planning Board who shall issue to the applicant a dated receipt.
a) Within 40 days from the date of receipt, the Planning Board shall notify the applicant in writing either that the application is complete or, if the application is incomplete, the specific additional material needed to make a complete application. Determination by the Planning Board that the application is complete in no way commits or binds the Planning Board as to the adequacy of the application to meet the criteria of this Ordinance. The Planning Board shall make a determination as to the completeness of the application. The applicant assumes all responsibility as to its completeness.
b) The application shall conform to the
requirements or this ordinance and Planning Board requirements.
2. The
application shall be accompanied by a fee of [NOTE: See Article V, § 1-B for
explanation of the size symbols.]
a) One hundred twenty
five dollars ($125.00) for {I} mineral extraction activity from 1 to 5 acres;
c) Two hundred fifty dollars ($250.00) for {L}
mineral extraction activity larger than 5 acres up to 30 acres; or
d) One thousand
dollars ($1,000.00) for {X} mineral extraction activity larger than 30 acres.
e) All checks, shall be made payable to the Town
of
B. Public Hearing
1. All mineral extraction activity larger than five acres shall require a hearing. A public hearing on the proposed mineral extraction activity shall be conducted in accordance with the procedures in Title 30-A, M.R.S.A., Section 2691(3)A-F.
2. Notice of the public hearing shall be advertised
at least 10 days in advance in a local newspaper and posted in other places
used for public notices, at the expense of the applicant. The notice shall
contain a clear and concise statement of the matter to be addressed. At least
10 days before the public hearing, the Planning Board shall notify by mail the
owners of properties within 1,000 feet of any boundary of the property for
which application is being made. The owners of properties shall be considered
to be persons listed on Town tax maps and lists.
C. Planning Board Decision on the Mineral
Extraction Activity Application
1. The Planning Board shall, within forty
days of a public hearing, or within eighty days of having received a complete
application, if no hearing is held, or within such other time limit as may be
mutually agreed to by said Planning Board and applicant, issue a decision denying
or granting approval of the proposed mineral extraction activity or granting approval
on such terms or conditions as it may deem advisable to satisfy the criteria contained
in this Ordinance. In all instances, the burden of proof shall be upon the applicant.
The Planning Board shall make a written finding regarding the applicant’s Financial ability to satisfy the criteria contained in this
ordinance and conditions of any permit.
2. Upon approval of the mineral extraction
activity a majority of the Board shall sign all copies of the final site plan.
The original shall be recorded by the applicant with the
3. Approval by the Planning Board of a
mineral extraction activity plan shall not be deemed to constitute or be
evidence of any acceptance by the Town of
D. Annual Compliance Inspections
1. The annual compliance inspection fee shall
be [NOTE: See Article V, § 1-B for explanation of the size symbols.]
a) Twenty five
dollars ($25.00) for {I} mineral extraction activity 1-5 acres;
b) Fifty dollars ($50.00) for {L} mineral
extraction activity larger than 5 up to 30 acres;
c) Two hundred dollars ($200.00) for {X} mineral
extraction activity larger than 30 acres;
2. The annual compliance Inspection (ACI)
shall be conducted by the CEO prior to the anniversary date of the permit. The
CEO shall issue a Report of Inspection Compliance (RIC), provided he determines
that the permit holder has not deviated from the approved plan. If the CEO
determines that the permit holder has deviated from the approved plan, the CEO
shall issue a Report of Inspection Non-compliance (RIN). Reports shall be written
and provided to the Planning Board, the Selectmen, and permit holder. After receipt
of the RIN, the Planning Board, after notice and hearing, pursuant to Article
IV §5-B, and a determination after hearing that a deviation from the approved
plan has occurred, shall request that the CEO issue a STOP WORK ORDER, EXCEPT
FOR REMEDIAL ACTION, until such time as compliance is achieved, or a time
determined by the Planning Board lapses, which ever occurs first. The CEO shall
thereafter re-inspect the site to determine if compliance has been achieved. If
he determines compliance has been achieved, he shall issue a RIC, as above. If
he determines that compliance has not been achieved, he shall issue a Second
Step Report of Non-compliance (SSRN). The permit holder shall again pay the
fees, as required by this subsection for this second compliance inspection. The
Planning Board, after receipt of the SSRN, shall provide notice and hearing
pursuant to Article IV §5-B, to determine whether the permit holder is in
compliance with his approved permit; and if not, the Planning Board shall
revoke the permit, and request that the Selectmen take remedial action, as is
permitted by town ordinance or State law. The applicant can terminate the
process above at any time by demonstrating compliance with his approved permit
at a subsequent compliance inspection, which he requests, and payment of
inspection fees, followed by the issuance of a RIC by the CEO.
E. Operation Conditions and Limitations: Before
any mineral extraction activity begins, the applicant shall apply for and
receive all applicable permits as may be required by Town, state or federal
regulations, laws or ordinances regulating such developments, including a
Conditional Use Permit required by this Ordinance. Any violation of other
permits necessary for operation and noted in the permit shall be considered a
violation of this ordinance.
F. Expiration of Approval: Mineral Extraction Activity permits shall
expire three years from the date of issuance unless the mineral extraction
activity is started.
G. Plan Revisions after Approval: Plan revisions after approval shall be made
as further provided for in Article VII §3 of this Ordinance.
H. Expert Witnesses and Opinions: In the event that the Planning Board requires
expert opinions, advice or testimony during the course of reviewing the
application, it will use due diligence to obtain and utilize free services from
governmental or non-profit sources. Should the Planning Board be unable to
obtain and utilize such services, it may require the applicant to pay for such
services, after giving notice to the applicant of the name of the expert, the
area of qualification of the expert, and the purpose for which the expert is
required, and the approximate cost of the expert. The applicant shall be
provided with an opportunity to meet with the Planning Board to arrange a schedule
for payment of the costs. All costs for which notice is not given by the
Planning Board shall be unreimbursable to the
Planning Board. The applicant shall have the right to request a public hearing
to determine if the experts, as noticed by the Planning Board, are necessary to
a determination of any issue properly before the Planning Board, and if the approximate
costs of the expert are reasonable. It will be the applicant’s burden to prove
that the requested expert is unnecessary, or that the cost is excessive. The
applicant shall request the hearing within 10 days of the meeting, or such time
as is agreed to by the Planning Board and the applicant.
I. Transfer of Mineral Extraction Activity
Permit: The permit holder shall not
sell, lease, assign, or otherwise transfer the permit ,
or cause or allow any other action where the purpose or consequence is to
transfer any of the obligations of the permit holder as incorporated in the
permit, except following the approval of the Planning Board. The Planning Board
shall require that either the proposed new permit holder apply for a new
permit; or the Planning Board may approve the transfer of the permit if it can be
demonstrated that :
1. The terms and conditions of the permit and all applicable laws can and will be met.
2. The proposed transferee has the financial
capacity and technical ability and intent to satisfy the terms of the permit.
3. The transfer of the permit or activities
it allows will not cause or contribute to a violation of the law. In
determining whether transfer of the permit will cause or contribute to a violation
of the law, the Planning Board shall consider any prior violation, suspension, or
revocation of a permit issued to the proposed transferee; and any other
environmental enforcement history of the proposed transferee. The Planning
Board may require the proposed transferee to present evidence of changed
conditions or circumstances sufficient, in the judgment of the Planning Board,
to warrant transfer of the permit, notwithstanding any prior violation,
suspension, or revocation. The applicant shall provide the Planning Board as
part of the request, the information (unless otherwise specified by the
Planning Board) on the proposed transferee as required in Article IV §1 of this
Ordinance. Proposed changes to the terms of the permit, including financial responsibility
requirements, shall be considered a request for permit modification and processed
accordingly. The Planning Board shall notify by mail all abutting property owners
of all boundaries of the property prior to consideration for approval of the permit
transfer application. The owners of properties shall be considered to be
persons listed on Town tax maps and lists.
4.5 Appeals
and Variances
A. Administrative Appeals
1. Any person aggrieved by an action of the
Planning Board pursuant to this Ordinance may file an application for appeal in
writing within 40 days of the granting or denial of approval from the Planning
Board. The notice of appeal shall state with specificity the exact portions of
the Planning Board’s Decision are being appealed, and the legal grounds for
appeal. The appellant shall file this appeal with the Chairman of the Board of
Appeals, who shall issue a dated receipt and who shall, within 7 days of the
date of receipt, notify the applicant in writing that either the application is
complete or, if the application is incomplete, the specific additional material
needed to make a complete application.
2. The fee to accompany applications for
appeal shall be twenty five dollars ($25.00), lawful currency of the
3. The Board of Appeals shall, upon complete
Notice of Appeal of an aggrieved party and after public notice, hear appeals
from determinations of the Planning Board in the administration of this
Ordinance within 40 days of such application. The Appeals Board shall cause
notice of the date, time and place of said hearing,
the location of the proposed mineral extraction activity and the issues raise
in the appeal, to be given in writing to the appellant and published in a
newspaper of general circulation in the Town of
4. If such application for appeal is not made
within the stated time, the prior decision of the Planning Board shall be
final.
5. Following such hearing, the Board of
Appeals may reverse the decision of the Planning Board only upon a finding of
fact that the decision of the Planning Board is clearly contrary to specific
provisions of this Ordinance. The Board of Appeals shall render a decision in
writing to the appellant and/or applicant, Planning Board Chairman, Code Enforcement
Officer, and the Selectmen within 40 days of the appeal hearing.
B. Variances
1. The Board of Appeals may, upon written
application and hearing as outlined in Article VI §4-B of this Ordinance grant
a variance from the strict application of the dimensional requirements of this
Ordinance, including lot sizes, setbacks, site distances, lot coverage by
structures, sign requirements, and parking requirements only if the requirement
of this Ordinance would result in undue hardship to the applicant, as defined
in Article IV §5-B(2), below, of this Ordinance.
2 In order to find an undue hardship the
Board of Appeals must find all of the following to grant a variance:
a) That the land in
question cannot yield a reasonable return unless a variance is granted; and
b) That the need
for a variance is due to the unique circumstances of the property and not to
the general conditions in the neighborhood; and
c) That the granting of the variance will not alter the
essential character of the locality; and
d) That
the hardship is not the result of action taken by the applicant or a prior
owner.
3. Following the public hearing, as outlined
in Article IV§4-B of this ordinance, the Board of Appeals shall render a
decision to grant or deny a variance in writing to the applicant, the Planning
Board, and selectmen, within 40 days of the appeal hearing.
C. Appeal to Superior Court
Any
aggrieved party having proper standing may appeal any decision of the Appeals
Board under this Ordinance to the
ARTICLE V
– MINIMUM DESIGN & PERFORMANCE STANDARDS
5.1 General
Requirements
A. Mineral extraction activities shall conform to
all applicable State laws and local ordinances or regulations.
B. This Article details the specific application
requirements for the submissions required in Article IV. Applicability is
denoted by:
1. {A} for all
size projects;
2. {X} for extra
large size projects (over 30 acres);
3. {L} for large
size projects (larger than 5 acres up to 30 acres);
4. {I} for intermediate size projects (1 acre up to 5 acres).
The owner and/or operator of a mineral extraction activity shall be responsible, both jointly and severally, for ensuring the maintenance of all infrastructure, structures and their sites.
C. Mineral extraction activities in the Shoreland Zone shall be in accordance with the Shoreland Zoning Ordinance or this Ordinance whichever is
stricter.
D. The Planning Board shall consider the
financial and technical ability of the applicant to complete all proposed
activities in approval of this permit. The Planning Board may deny, modify, or
revoke its approval if the applicant or agent is not in compliance with other
Town or State permits for Mineral Extraction Activity.
F. In all cases, the applicant shall have the
burden of proof that all requirements, standards, and conditions of this
Ordinance and subsequent approval are met.
5.2 Performance
Standards.
A.
Erosion Sedimentation Control & Stormwater
Management.
1. {A}
All projects.
a) Sediment may not leave the parcel or enter a
Protected Natural Resource.
b) Topsoil stockpile must be stabilized and
inspected as specified in Article V§2-B(1).
2. Internally
Drained projects.
a) {A} Land shall be restored and stabilized
according to the Reclamation Plan.
b) {L}{X} A volume calculation shall be provided
demonstrating that the area(s) will safely hold a volume of precipitation at
least equal to that which may be expected in the area from the 25 year, 24 hour
storm event for the region.
3. Externally
Drained Projects.
a) {A} If surface water flows out of and away
from the proposed site during and after the site is excavated, the following
should be provided to assure proper erosion control and prevent siltation of downstream waters. Temporary erosion control
measures shall be included in the project design, such as hay bale barriers,
silt fencing, and riprap. Plans shall show the location and installation
details and include a description of the timing of installation,
inspection and maintenance of erosion control measures.
b.) {I}{L}{X} Additional
information including:
i. A plan and
narrative detailing specific erosion control measures; and
ii. A site plan showing the pre-construction
and post-construction contours, and if applicable, phased contours. The plan
must show on and off site watershed boundaries and hydrologic surface water
flow lines.
c) {A} Sedimentation pond location and design,
if any, shall be designed to the 25 year storm event and based on the U.S.D.A.
Soil Conservation Service methodology contained in TR-55. The location and
construction details of the pond shall be shown on the site plans
B. Reclamation Plan: The affected land must be restored to a
condition or physical state that is either similar to and
compatible with that which existed prior to any development, or encourages the
productive use of the land. A reclamation plan is required for ALL activities
according to the following specifications:
1. {A} Soil
Stockpiling. Soil which is stripped or removed must be stockpiled for use in reclaiming
disturbed land, unless it is demonstrated to the Planning Board that it is not needed
for reclamation purposes. Soil stockpiles must be seeded, mulched, or otherwise
stabilized. At least 4 inches of any previously stripped topsoil will be used
for final cover.
2. {A} Regrading. Upon completion of the excavation, the side
slopes must be regraded to a slope no steeper than
2.5 horizontal to 1 vertical, except that a steeper slope may be allowed, if a
slope stability analysis is submitted showing that there will be no major failure
or sloughing of slopes.
3. {A} Vegetative cover. Vegetative cover
must be established on all affected land. Topsoil must be placed, seeded, and
mulched within 30 days of final grading.
a) Vegetative material used in reclamation must
consist of grasses, legumes, herbaceous, or woody plants or a mixture thereof.
Plant material must be planted during the first growing season following the
reclamation phase. Selection and use of vegetative cover must take into account
soil and site characteristics such as drainage, pH, nutrient availability, and
climate.
b) The vegetative cover is acceptable if within
one growing season of seeding
i. the
planting of trees and shrubs results in a permanent stand, or regeneration and succession
rate, sufficient to assure a 50% survival rate; and
ii. the planting
results in 90% ground coverage.
4. {A} Structures and roads. All structures
and access, haul, or other support roads must be reclaimed once no longer used,
unless reserved for future productive use of the land, as described in the
reclamation plan.
5. Phased Reclamation. The site must be
reclaimed in phases so that:
a) {L}{X} The working
pit does not exceed 10 acres at one time and the area being actively mined does
not exceed 5 acres at any time.
b) {I} The working pit
does not exceed 3 acres at any time.
c) For guidance in planning and implementation
of reclamation, see Maine Erosion and Sediment Control Handbook for
Construction: Best Management Practices (March 1991), Section 10 Pit
Reclamation.
C. Petroleum Usage {A}
1. Spill prevention, control, and
countermeasures are applicable to all size projects.
2. Petroleum Products Storage
a) If any petroleum products or other materials
with potential to contaminate groundwater are to be stored on the site, a Spill
Prevention Control, and Countermeasures (SPCC) Plan shall be submitted. A SPCC
Plan should be developed in accordance with DEP regulations, Section 5A of Chapter 378 Performance
Standards for the Storage of Petroleum Products (CMR 378), and shall be
submitted with the application and kept with the permit in the Town's records.
b) Any petroleum products,
highly flammable or explosive liquids, solids or gasses to be stored on site,
shall be located in bulk, above ground, anchored tanks or containers, having a
roofed, secondary containment system, adequate to contain 110% of the full contents
of such container, for control of spills and leaks, and must be located at
least 75 feet from any lot line, Town road or interior road.
c) The use of underground tanks
is strictly prohibited.
3. Machinery Maintenance
a) Crankcase oil, hydraulic fluids, and similar
products shall not be disposed of within the excavation area.
b) Routine maintenance operations, such as refueling or oil changes,
may be allowed for fixed equipment such as screeners, crushers and wash
facilities, if allowed in the district the operation will be located in,
provided that a secondary containment system in accordance with the SPCC Plan,
adequate to contain 110% of the full contents of said equipment is installed.
4. Any discharge or leak of petroleum product
over a gallon shall be immediately reported to the Code Enforcement Officer.
All discharges or leaks of any size shall be cleaned up promptly according to
Best Management Practices.
D. Buffers and Setbacks {A: Buffers and setbacks shall be shown on the
site plans as follows:
1. Property Boundaries: To minimize visual impacts and provide for
wildlife, a 75 foot buffer shall be maintained from property boundaries. This
buffer may be reduced to 25 feet with written permission of an abutting
landowner; or may be eliminated between abutting properties provided:
a) written permission
is obtained, and
b) erosion & stormwater control standards on both properties are met.
2. Existing Structures: {A} A 300 foot buffer from the closest edge
of an existing residence or business, or farm building used for livestock shall
be maintained with all projects. This buffer may be reduced with written
permission of the owner of the structure.
3. Protected Natural Resources: {A} Unless covered
in Article V §1-D above the following shall apply:
Unless authorized pursuant to the
Natural Resources Protection Act, Title 38, M.R.S.A, Section 480-C no part of
any extraction operation, including drainage and runoff control features shall
be permitted within one hundred (100) feet of the normal high-water line of a
great pond classified GPA or a river flowing to a great pond classified GPA,
and within seventy-five (75) feet of the normal high-water line of any other
water body, tributary stream, or the upland edge of a wetland. Extraction operations
shall not be permitted within seventy-five (75) feet of any property line, without
written permission of the owner of such adjacent property.
4. Public Roads. {A} A 150 foot buffer from the closest edge
of the shoulder of a public road shall be maintained with all projects. A 50
feet wide undisturbed natural vegetated area, closest to the road, shall be
maintained within the buffer, except for any access road entrance.
E. Road Design, Circulation and Traffic {A}
1. Any entrances and roads shall conform to the
standards set forth in the Town of shall meet the following standards:
a) The desired angle of intersection shall be
60° to 90°.
b) The maximum permissible grade within 75 feet
of the intersection shall be 5%.
c) A minimum sight distance of 10 feet for every
mile per hour of posted speed limit on the existing road shall be provided.
Sight distances shall be measured from the driver's seat of a vehicle that is
10 feet behind the curb or edge of the shoulder line with the height of the eye
3 1/2 feet above the pavement and the height of object 4 1/4 feet.
d) The center line of any road within the
project intersecting an existing public road shall be no less than 125 feet
from the center line of any other road intersecting that public road.
e) Turning lanes, traffic directional islands,
frontage roads, and traffic controls shall be provided on public roads at the
developer’s expense, where necessary, in the opinion of the Wales Road
Commissioner, to safeguard against hazards to traffic or pedestrians, and/or to
avoid traffic congestion.
a) All access/egress roads leading to or from
the extraction site to paved public ways shall be treated with suitable
materials to reduce dust and mud; and paved or otherwise hard surfaced for a
distance of at least 200 feet from the paved public road.
2. Traffic impacts to be considered:
a) Where mineral extraction activity traffic
proposes to use town maintained roads, the activity scope must be suitable and
appropriate to the projected daily traffic impacts as determined by the Wales
Road Commissioner.
b) The road giving access to the Mineral Extraction Activity and neighboring roads which can be expected to carry traffic to and from the Mineral Extraction Activity shall
i. have
traffic carrying capacity; and
ii. if a Town road,
be suitably improved if necessary by the applicant to accommodate the amount
and types of traffic generated by the proposed mineral extraction activity as
determined by the Wales Road Commissioner. As a guide line the road
commissioner should consider the following: No mineral extraction activity
shall increase the volume to capacity ratio of any town road above 80%; nor
reduce the road’s Level of Service to “D” or below. Minimum travel surface
width shall be 20 feet with 2 foot shoulders. On operations larger than 5
acres, the Planning Board may require an engineering impact study or road
condition survey of the town road. The Planning Board may require mitigation for
adverse impacts on Town roads.
3. Routing:
Where necessary to safeguard against hazards to pedestrians and to avoid
traffic congestion, or adverse impacts to Town roads, alternative routing may
be required.
F. Ground Water Impacts: The following requirements apply to {A}
projects unless otherwise noted.
1. Assessment Submitted. The Planning Board
must find that the Mineral Extraction Activity will not cause an adverse impact
to ground water quality and quantity before approving any application.
2. Groundwater buffer: To provide an adequate buffer for ground water and allow for filtration of impurities from surface water, extraction shall not be any closer than 5 feet above the maximum seasonal high water level. The applicant shall provide documentation of the groundwater table. The Planning Board may require monitoring of groundwater levels and quality to assure there are no adverse impacts to any water supplies or wells within 500 feet of the site.
3. Water Supply buffer: A 300 foot separation must be maintained
between the limit of excavation and any pre development private drinking water
supply. A 1,000 foot separation must be maintained between the limit of
excavation and any well or spring which qualifies as a public drinking water
supply. The Planning Board may require larger buffers from water supplies, if
they find that a hazard is shown to exist due to the Mineral Extraction Activity.
4. Water Use:
A mineral extraction activity must not withdraw more than 5,000 gallons
of ground water per day, unless a hydogeologic study
is submitted by a qualified professional.
5. Standards for Acceptable Ground Water
Impacts
a) Projections of ground water quality shall be
based on the assumption of drought conditions (assuming 60% of annual average
precipitation).
b) No mineral extraction activity shall increase
any contaminant concentration in the ground water to more than one half of the
Federal Primary Drinking Water Standards. No mineral extraction activity shall
increase any contaminant concentration in the ground water to more than the
Federal Secondary Drinking Water Standards.
c) If ground water contains contaminants in
excess of the primary standards, and the mineral extraction activity is to be
served by on-site ground water supplies, the applicant shall demonstrate how
water quality will be improved or treated, if necessary.
G. Preservation of Natural and Historic Features;
{A: The scenic, historic or
environmentally sensitive areas or any areas identified in the Comprehensive
Plan or by the Maine Natural Areas Program as rare and irreplaceable areas shall
be preserved.
H. Sanitary Standards {A}
1. Sewage Disposal: All water carried sewage shall be disposed of
by sewage systems meeting the requirements of the State of
2. Solid Waste Disposal: No solid waste, including stumps and grubbings, shall be placed stored or disposed of in the
mineral activity site unless it meets the requirements of the rules and
regulations of by the Maine Department of Environmental Protection. The storage,
collection and disposal of refuse in the mineral extraction site shall not
create health hazards, rodent or insect breeding areas, accident or fire
hazards, air pollution, or surface or ground water pollution.
I. Signs {A}:
Any signs must comply with the standards of other applicable ordinances.
J. Noise {A}:
The applicant shall demonstrate that noise from the operation does not
exceed 75 dbA at the property line, except for
emergency or safety equipment such as back up beepers. Normal operation times
shall be specified, so as not to constitute a nuisance to residents in the neighborhood,
including but not limited to daily starting and ending times, and operations on
weekends.
K. Hours of Operation {A}: The hours of operation for any and all activities
shall not be earlier than
5.3 Performance
Standards - Rock Mining/Extraction Operations
Because
of the intensity of the type of operation, in addition to the performance
listed in Section 2 of this ordinance, rock mining operations shall conform to
the following:
A. The maximum limit of material that may be extracted per year is 5,000 cubic yards.
1. If an applicant chooses to adopt a Forestry Management Plan for
wooded lots prepared by a licensed Maine Forester that provides the following
minimum standards, then there is no limit on volume of flat rock or area if the
rocks are harvested by being picked up from the surface,
a) Over the life of the permit,
no more than 40% of the trees greater than 4" in diameter at 5' above
ground are removed, distributed evenly over the affected area.
b) The Forestry Management Plan shall be complied with.
2. An applicant may apply for this wood lot choice, as defined in
§ 3 (A)(1), above, in addition to other types of
operations.
3. The wooded lot choice, as defined in § 3 (A)(1),
above, shall be considered a small or medium size operation for fees and application
only.
4. In a multiple operation, as defined in § 3 (A)(2), above, the largest size operation shall be used for fees and application purposes.
B. A surveyed profile of the material on site to be excavated must be calculated and submitted with the permit application and the amount extracted per year confirmed by the annual inspection of the CEO.
C. A surveyed profile of the material on site to be excavated must be
calculated and submitted with the permit application and the amount extracted
per year confirmed by the annual inspection of the CEO. Maximum
of two acres of open operation at any time, regardless of the size of the
project.
1. Area must be reclaimed before next two acres can be started.
2. Excavation may be done in 1 acre or other increments to ensure
continuity of operation.
D. Maximum size of project area is the lesser of 15 acres or 40% of
net property acreage over the life of the permit, unless exempted by §3-A(1) above.
E. Excavation shall be no deeper than 6' below grade. It shall be
necessary to establish the benchmark grade level prior to the granting of the
permit. Rock Mining Operations shall be exempt from the Maximum Seasonal High
Water Level required by Article VI, §2(F)(2).
F. High velocity blasting requires blast mats or similar measures to
attenuate noise, dust, and debris.
ARTICLE
VI – PERFORMANCE GUARANTEES
Note: The following applies to {A} sized projects
unless otherwise noted.
6.1 Types
of Guarantees
With
submittal of the application for Final Plan approval, the applicant shall
provide one of the following performance guarantees for an amount adequate to
cover the total costs of all required reclamation, taking into account the
time-span of the phasing, or reclamation schedule and the inflation rate for
costs:
A. Either a certified check payable to the Town
or a savings account or certificate of deposit naming the Town as owner, for
the establishment of an escrow account; or
B. A performance bond payable to the Town issued
by a surety company, approved by the Selectmen; or
B. An irrevocable letter of credit from a
financial institution establishing funding for the construction or reclamation
of the mineral extraction activity, from which the Town may draw if reclamation
or construction is inadequate, approved by the Selectmen; or
C. {I} May propose alternatives to the above.
The
conditions and amount of the performance guarantee shall be determined by the
Planning Board with the advice of a certified Engineer, Town Road Commissioner,
Town Selectmen, and/or Town Attorney at the cost of the applicant if applicable.
6.2 Contents
of Guarantee
The
performance guarantee shall contain a reclamation schedule, cost estimates for
each major phase of reclamation taking into account inflation, provisions for
inspections of each phase of reclamation, provisions for the release of part or
all of the performance guarantee to the permit holder, and a date after which
the permit holder will be in default and the Town shall have access to the
funds to finish reclamation.
6.3 Escrow
Account
A
cash contribution to the establishment of an escrow account shall be made by
either a certified check made out to the municipality, the direct deposit into
a savings account, or the purchase of a certificate of deposit. For any account
opened by the permit holder, the municipality shall be named as owner or
co-owner, and the consent of the municipality shall be required for a
withdrawal. Any interest earned on the escrow account shall be returned to the
developer unless the municipality has found it necessary to draw on the
account, in which case the interest earned shall be proportionately divided
between the amount returned to the developer and the amount withdrawn to
complete the required improvements.
6.4 Letter
of Credit
An irrevocable letter of credit from a bank or other lending institution shall indicate that funds have been set aside for the complete reclamation of the mineral extraction activity and may not be used for any other project or loan.
6.5 Phasing
of Development
The
Board may approve phased performance guarantees, when a mineral extraction
activity is approved in separate and distinct phases.
6.6 Performance
Guarantee Review
Any
performance bond or proof of financial capacity shall be reviewed no
later than 30 days before the expiration of the guarantee, and adjusted if
necessary. The applicant may also request adjustments in the guarantee.
6.7 Release
of Guarantee
Prior
to the release of any part of the performance guarantee, the Board shall
determine to its satisfaction, in part upon the report of a certified Engineer
and/or whatever other agencies and departments may be involved, that the
reclamation meets or exceeds the design requirements for that portion of the
reclamation for which the release is requested.
6.8 Default
If
upon inspection, CEO or other inspecting official finds that any of the
required reclamation has not been performed in accordance with the approved
plans and specifications, he shall so report in writing to the Municipal
Officers, the Board, and the permit holder and guarantor. The permit holder
shall have 30 days unless otherwise specified by the CEO, to remedy any
insufficiency noted. Thereafter, Municipal Officers shall take any steps
necessary to enforce the guarantee and remedy the insufficiencies.
6.10 Improvement
Guarantees
Performance
guarantees may be required for all off site improvements required by this
Ordinance, when the Board finds that the scale of the improvements warrants.
ARTICLE
VII – ENFORCEMENT AND INSPECTIONS .
7.1 Reclamation
Certification
{L}{X}
Upon completion of reclamation or a reclamation phase, a written certification signed
by a professional engineer registered in the State of Maine shall be submitted
to the Chairman of the Planning Board at
the expense of the applicant, certifying that the reclamation is in compliance
with the approved plans.
7.2 Violations
A. No mineral extraction activity plan shall be
recorded in the Registry of Deeds until a Final Plan has been approved and
signed by the Planning Board in accordance with this Ordinance.
B. No person, corporation or other legal entity
may sell or offer to sell any materials in a mineral extraction activity site
which has not been approved by the Planning Board and recorded in the Registry
of Deeds.
C. No public utility shall serve any mineral
extraction activity site for which a final Plan has not been approved by the
Planning Board and recorded in the Registry of Deeds.
D. No development of the infrastructure of a
mineral extraction activity site may begin until Final Plan approval by the
Planning Board and recording in the Registry of Deeds. Development includes the
grading and construction of roads, utility installations, and construction of buildings
or structures.
E. The Wales Planning Board may after notice and
hearing, withhold approval or revoke any previous approvals, given to any
applicant, owner or operator who is found in violation of this ordinance, until
the violations are corrected.
F. Any operation that is in violation of other
approvals (such as DEP Intent to Comply or DEP permits) covering the same
operation shall be deemed in violation of approvals granted under this
ordinance, in that all other approvals are necessary for approvals under this
ordinance to be valid.
7.3 Mineral
Extraction Plan Amendments After Approval
No
changes, erasures, or modifications shall be made in a Final Plan after
approval has been given by the Planning Board unless the plan is first
resubmitted and the Planning Board approves any modifications. The applicant is
not required to go through the complete review process of an amendment to an
existing mineral extraction activity, unless, in the judgment of the Planning
Board the amendment substantially alters the character of the original mineral
extraction activity, or unless the change constitutes a new mineral extraction
activity. If an amended Final Plan is recorded without complying with this
requirement, it shall be null and void. The Planning Board may record a
revocation of a previous recorded document in the Registry of Deeds.
7.4 Enforcement
A. The Code Enforcement Officer or the Selectmen
of the Town of
B. If the Code Enforcement Officer finds violation
of any provision of this ordinance or failure to comply with any order, permit,
approval, condition or other final decision or action of the Planning Board
that constitutes a substantial and immediate danger to the health, safety or welfare
of any person(s), or property or environment of the Town of
C. In any action to enforce any provision of this
ordinance where the Town of
7.5 Penalties
A. Any person, firm or corporation, being the
owner or having control or use of any mineral extraction activity in violation
of any of the provisions of this Ordinance or terms or conditions of any order,
permit or approval or final decision of the Planning Board shall be subject to
a civil penalty due and payable to the Town of
B. In setting the penalties, the court shall
consider but is not limited to the following:
1. Prior violations by the same person;
2. The degree of environmental damage that
can not be abated or corrected;
3. The extent to which the violation
continued following an order to stop;
4. The extent to which the Town of
5. Whether penalties have been imposed by
another governmental agency for the same incident(s).
C. Payment of any penalty shall be made within
thirty (30) days in cash or by certified check drawn on a recognized financial
institution, made payable to the Town of