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:
(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)]
(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)]
(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]
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).
