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Proposed Gravel Pit Amendment
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For an explanation of each section, please see the "Brief History of Gravel"


June 24, 2000
(submitted 6/29/00)

Petition for the Enactment of Ordinance

We the undersigned citizens of the Town of Limington, residing respectively at the addresses placed opposite our names, and representing a number of voters equal to at least 10% of the number of votes cast in the Town at the last gubernatorial election hereby petition the Municipal Officers of the Town of Limington to submit the following amendments to the Limington Planning Board and the following question to the voters of Limington to appear on the November 7, 2000 referendum ballot printed for its consideration:

"Shall an ordinance entitled 'Protection of Residential Properties from Mineral Extraction Industry Amendments to the Limington Zoning Ordinance' be enacted?"


Protection of Residential Properties from Mineral Extraction Industry Amendments to the Limington Zoning Ordinance

Amendments to the "Zoning Ordinance, Town of Limington, Maine":

1. Amend Section 8.8.C.1 by striking out the words:

"No part of any extraction operation shall be permitted within 150 feet of any property or street line, except that drainage ways to reduce run-off into or from the extraction area may be allowed up to 100 feet of such line. Natural vegetation shall be left and maintained on the undisturbed land."
and substituting:
"No part of any extraction operation shall be permitted within 150 feet of any property line, or within 500 feet of any existing dwelling, or within 150 feet of any street line, except that drainage ways to reduce run-off into or from the extraction area may be allowed up to 50 feet closer than these specified distances. Natural vegetation shall be left and maintained on the undisturbed land for noise and dust control.
Exemption:
The property line and dwelling exclusion distances may be reduced or eliminated if the applicant obtains an easement (recorded at the Registry of Deeds) on the properties from which the property line or dwelling is measured. Such easements must state specifically the distances and conditions to be exempted.
"
therefor.

2. Amend Section 8.8.C.9 by striking out the words:

"The hours of operation at any extraction site shall be limited as the Planning Board deems advisable to ensure operational compatibility with nearby residences."
and substituting:
"The hours of operation shall be prominently displayed at the entrance to the site. Hours of machinery operation shall not exceed 7AM to 5PM Monday through Friday and 7AM to 1PM on Saturdays. No Sunday operations shall be permitted. The hours of operation may be further restricted by the Planning Board if it is determined that the above listed hours of operation will unreasonably interfere with residential uses in existence at the time the application for an excavation permit is determined to be complete. In the event of an emergency request for sand or gravel from public safety officials, the Code Enforcement Officer may temporarily authorize alternative hours of operation."
therefor.

3. Add Section 8.8.C.15 to the Performance Standards:

"No part of any extraction operation's access/egress roads shall be permitted within 300 feet of any existing dwellings. This distance may be reduced or eliminated if the applicant obtains an easement (recorded at the Registry of Deeds) on the properties on which the dwelling is located. Such easements must state specifically the distances and conditions to be exempted.
a. All unpaved public ways used to access the gravel extraction operation shall be required to be paved at the expense of the gravel extraction operator to reduce dust, noise, and damage from heavy truck traffic.

b. To safeguard against hazards of slowly accelerating truck traffic onto public ways, all sight distances shall be 1.5 times the distance specified in 7.20.B for all such access/egress roads.

c. A State of Maine DOT safety survey shall be mandatory for all entry permits on State ways."

4. Add Section 8.8.C.16 to the Performance Standards:

"The Planning Board shall establish the maximum number of cubic yards of material that may be removed from any given site in a single day so that the resultant number of truck trips per day will not unreasonably interfere with the residential uses in existence at the time the application for an excavation permit is determined to be complete. In no cases shall more than six hundred (600) cubic yards be removed from any given site in a single day."

5. Add Section 8.8.E.2:

"Any lawfully existing mineral extraction operation may operate for a period of one (1) year from the date of adoption of this section without further Planning Board approval. Such existing operations, however, must submit to the Code Enforcement Officer within sixty (60) days of the adoption of this section, a map indicating the area within which earth removal activity is reasonably expected to occur in fact within the one (1) year period and the area which has already been subject to earth removal activity. Failure to submit the above map within sixty (60) days shall result in the loss of the permit for that operation. Within fifteen (15) days of the adoption of this section, the Code Enforcement Officer shall notify by certified mail, return receipt requested, the owners of all property which, to the best of the CEO's knowledge contain existing operations, informing them of this section of the ordinance."

6. Add Section 8.8.E.3:

"Upon expiration of the one (1) year period provided in Section 8.8.E.2, all mineral extraction operations shall be required to renew their permit with the Planning Board."

7. Add Section 8.8.F.1:

"F. Reporting. 1. At least once every twelve (12) months, a report must be filed with the Code Enforcement Officer for every mineral extraction operation. At a minimum, the report must identify the operation and must list the area of land currently exposed plus the area of land disturbed during the year. The CEO shall verify the report by periodic site inspections. Each mineral extraction operation must pay a yearly uniform inspection and enforcement fee as set by the Municipal Officers. Such fee shall not be less than one hundred dollars ($100.00) per open acre per year. If such report is not made or the fee is not paid, any permits issued for the operation will no longer be valid. All fees collected under this section may be used only for inspection and enforcement of mineral extraction operations."

8. Add Section 8.8.G.1:

"The property owner of a newly proposed extraction operation as well as any applicant applying for a Conditional Use Permit for a newly proposed extraction operation, already owning or operating another extraction operation in the Town of Limington, shall be required to have such existing extraction operation in compliance, as determined by the CEO, with all applicable permit requirements before a new Conditional Use Permit application may be processed."

9. Add to the end of Section 10.3.A.1:

"When hearing and deciding appeals where it is alleged there is a violation or error in any order, requirement, decision, or determination made by the Code Enforcement Officer or Planning Board in the administration and enforcement of this ordinance, the jurisdiction of the Board of Appeals shall be limited to a review of the record so that the proceedings shall not be held "de novo"."

10. Notwithstanding the presumption of prospectivity in 1 M.R.S.A. 302, the above Amendments shall apply to all pending proceedings which did not receive final approval prior to the date when the Petition initiating this ordinance was filed with the municipal officers regardless of when the above Amendments are actually approved by the voters of the Town of Limington, so that these Amendments shall apply retroactively to any mineral extraction operation.

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