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.
[Amended 1-23-2012 by Ord. No. 12-045]
(1) 
Permit renewal. Permits may be renewed for additional periods of not more than three years each.
(a) 
Any applicant requesting an extension of their quarrying permit shall file an extension request with the Code Enforcement Division containing:
[1] 
An extension request form (land development permit form).
[2] 
A fee as set in the Schedule of Fees adopted pursuant to Chapter 109 of this Code.
[Amended 1-9-2017 by Ord. No. 17-055]
[3] 
An updated plan showing the areas quarried and remaining to be quarried under the original permit.
(b) 
A permit extension shall not be allowed if it would result in changes outside the scope of the original permit.
(c) 
Upon receipt of the extension request form from the Code Enforcement Division, the Planning Division shall notify abutters consistent with the procedure outlined in § 165-113B.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d) 
The Planning Board will consider the request at its next regular meeting and take one of the following actions:
[1] 
Approve the extension request.
[2] 
Choose to hold a hearing (after notice is provided consistent with the notice provisions of § 165-9) on the request.
(e) 
A vote not to approve the extension request shall only occur after the Board has held a hearing on the merits of the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(f) 
Any subsequent hearing shall be conducted pursuant to the standards of § 165-9.
(2) 
Exceptions. Permits are not required when such removal is incidental to, and in connection with, the construction of a building, structure or swimming pool for which a building permit has been issued by the Code Enforcement Officer or when incidental to the grading or laying out of land for development or landscaping purposes or for agricultural uses.
B. 
No excavation shall be permitted within 50 feet of the right-of-way line of an existing or approved street without written permission of the City, except to conform to approximate street grades, nor shall any excavation be permitted within 100 feet of any property line, except as allowed under 38 M.R.S.A. § 490-Z(7). Areas within 100 feet of said lines shall be maintained in a firm condition so that no weakening or undermining of adjacent property, as at the property line, will take place that might prevent the full use of such adjacent property or roadbed.
[Amended 8-26-2013 by Ord. No. 13-270]
C. 
At the completion of any excavation permitted hereunder, the property owner shall take all necessary action to provide for the regrading of said excavation, with finished slopes not to exceed two to one (horizontal to vertical) in undisturbed earth, two to one earth fill and one to four in rock, whether or not the ground surface will be below water. All disturbed earth fill areas will be reseeded and/or planted with vegetation to prevent erosion.
D. 
No permit for a sandpit, quarry, or for the removal of sand, rock, or gravel shall be granted for a parcel less than five acres in area.
[Added 8-26-2013 by Ord. No. 13-270]
E. 
Notwithstanding Article III of this chapter, any certificate of occupancy or permit granted for a quarry, sandpit, or removal of sand, rock or gravel in a Rural Residence and Agricultural District parcel shall be deemed to expire on June 30, 2015, and shall not be renewed thereafter. This subsection does not apply to filling, grading, and earthmoving activities permitted under § 165-33, or to excavations of soil and loam permitted under § 165-105D(1).
[Added 6-9-2014 by Ord. No. 14-137]
A. 
No filling, grading, earth removal or similar earthmoving activity shall be allowed in any district which:
(1) 
Will cause erosion or sedimentation; or
(2) 
Will increase uncontrolled runoff to or cause flooding on neighboring properties.
B. 
The following earthmoving activities shall be allowed in any zone, except the Resource Protection Zone, without a permit (as required in Subsections C and D below, but not exempting activities from permit requirements of Chapter 265, Solid Waste), provided that such activities do not alter any stream, wetland, watercourse or natural drainageway:
[Amended 1-9-2017 by Ord. No. 17-055]
(1) 
The filling or removal of material and grading of an area less than 10,000 square feet which does not change the topography of the land by more than one foot.
(2) 
(Reserved)
(3) 
The filling or removal of material in conjunction with and incidental to construction, alteration or repair of a structure or the grading and landscaping incidental thereto when such construction, alteration or repair does not require plan approval from the Planning Board pursuant to Article XVI of this chapter.
(4) 
The filling or removal of material in conjunction with and incidental to construction of a structure or the grading and landscaping incidental thereto when such filling, removal of material or grading is indicated on a site development plan which has received Planning Board approval pursuant to Article XVI.
(5) 
The removal, filling or grading of material incidental to the construction, alteration or repair of a public street or of a private way, if such private way has been approved by the Planning Board.
C. 
In any district, except the Resource Protection District, filling, grading, earth removal or similar earthmoving activities which are not specifically allowed without a permit in Subsection B(1) through (5) above shall be allowed only after a permit is given for such activity by the Code Enforcement Officer upon approval by the Planning Board pursuant to Article XVI, Land Development Permit.
D. 
In the Resource Protection Zone, filling, grading, earth removal and similar earthmoving activities shall be allowed only after a permit is given for such activity by the Code Enforcement Officer upon approval by the Planning Board pursuant to § 165-9, Conditional uses, Article XVI, Land Development Permit, and the standards contained in Article VII, § 165-54 (standards for conditional uses in the Resource Protection Zone).