Proposed Language for the Gravel Industry Ordinance for Limington, Maine

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          (red print represents new language)

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12.I   Extractive Industry and Land Reclamation

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The purpose of this section is to regulate the removal, processing and storage of topsoil and/or loam, rock, sand, gravel and other similar natural assets within the boundaries [Standish 181-16 Zoning Article IV, 181-16 Gravel Pits] of Limington. These regulations are specifically intended to protect the quality of the groundwater and other water bodies, to prevent the lowering and contamination of the water table, to control erosion, and to provide for the health and safety of the public through appropriate management and utilization of these natural resources. [Standish 191-16 Zoning Article IV, 181-16 Gravel Pits]

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It is also the intent of these regulations to require the rehabilitation of excavation operations so that they are reclaimed to a condition which is amenable to best practice land management and shall not detract from the appearance or value of nearby property. [Standish 181-16 Zoning Article IV, 181-16 Gravel Pits] [Waterboro 7.8]

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Nothing in this ordinance shall prohibit the Planning Board from imposing stricter standards when deemed necessary to accomplish the purposes of the ordinance. [Waterboro 2 Extractive Industry and Land Reclamation Ordinance]

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            12.I.1. Permit Not Required

The following activity shall be allowed without a Conditional Use Permit from the Planning Board:

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12.I.1.A  The removal or transfer of less than one hundred (100) cubic yards of material from or onto any lot in any twelve (12) month period.

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12.I.1 B  The removal or transfer of material incidental to construction, alteration or repair of a building for which a permit has been issued or in the grading and landscaping incidental thereto, and

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12.I 1 C  The removal or transfer of material incidental to construction, alteration or repair of a public or private way or essential service. 

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            12.I.2. Permit Required

12.I.2. A  Unless exempted above, topsoil, rock, sand, gravel and similar earth materials may be removed from locations where permitted under the terms of this Ordinance only after a Conditional Use Permit for such.

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12.I.2 B  The removal or transfer of one hundred (100) cubic yards to five hundred (500) cubic yards of material from or onto any lot in any twelve (12) month period in permitted areas requires a permit. See Land Use Table for permitting authority.

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            12.I.3  Submission Requirements

12.I.3.A   Applications to the Planning Board for a Conditional Use Permit for the extraction, screening, crushing, or storage of soil (including topsoil), peat, loam, sand, gravel, rock, or other mineral deposits shall be accompanied by a plan prepared according to the performance standards herein, in compliance with applicable State Laws, and accompanied by all required State Permits or Licenses.

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Proposed operations which have not yet received a Planning Board Permit pursuant to the Gravel Pit Ordinance of Limington, now superseded by this Ordinance, have sixty (60) days from the effective date of this Ordinance to apply to the Planning Board for a permit.

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12.I.3.B   The applicant shall submit a site plan, drawn to a scale of one inch equals 100 feet, of the proposed extraction site showing the property lines and names of abutting owners and ways, indicating not greater than five (5) foot contour intervals, relating to U.S. Geodetic Survey data: [Standish E 2]

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12.I.3.B.1   The location and slope of the grades, existing and as proposed upon completion of the extraction operation; and

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12.I.3 B.2   Detailing of the site plan must also include the following information:

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             A         Boundaries of proposed areas for excavation. [Standish E (d) 1]

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             B          Present use of the entire parcel, including existing excavated areas. [Standish E (d) 2]

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             C          Present use of adjacent properties. [Standish E (d) 3]

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             D         Type and location of all existing and proposed surface water, including drainageways. [Standish E (d) 4]

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             E          Location of all proposed access and egress roads, temporary and permanent structures and parking areas. [Standish E (d) 5]

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             F          Location and proximity of all great ponds, rivers, streams and wetlands within 250 feet of the proposed activity.  [Standish E (d) 6]

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            G         The location of existing wells, streams and contours within the parcel and beyond the border of the parcel for 200 feet. [Standish E (e)]

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            H         The depth to seasonal high-water table at the site of the proposed excavation as determined by test borings or test holes to substantiate that                         the groundwater will not be disturbed. [Standish E (f)]

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            I           The location of all proposed hazardous materials storage areas. Hazardous materials shall be located on impervious surfaces shall                                 be stored in accordance with Maine DEP standards. [Standish E (g)]

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            J           Plans for controlling access to the site. A solid gate with a lock shall be located at the main entrance. [Standish E (h)]

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            K         Fencing (type, height, length) and stated purpose.

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            L          Signs, and proposed lighting.

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           M         Buffer Strips/areas for shielding the excavation from surrounding properties and for protecting wetlands, ponds, streams, rivers, and lakes.     Existing vegetation within a natural buffer strip may not be removed. [ME Aggregate Assoc. Gravel Pit & Quarry Model Ordinance Article V.3.A.&B. &4 ] The Planning Board may require that trees be planted for a visual buffer between the project and adjacent properties if a natural buffer does not exist. [Standish 5.

( c )]  

  A natural buffer strip must be maintained between the edge of an excavation and the following:

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1. Public road not designated a scenic highway by the ME DOT                150  feet wide

2. Private road or right-of-way                                                               150  feet wide

3. Property boundary                                                                           200  feet wide [Waterboro10.5.5]

4. Dwelling unit                                                                                  500  feet wide [Waterboro10.5.6]

5. Normal high water line of a great pond, or river                                   200  feet wide [Waterboro10.5.1]

6. Streams, brooks, vernal pools, or significant wetland consisting of or containing:

   1. At least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water or

   2. Peat lands dominated by shrubs, sedges and sphagnum moss            150feet wide [Waterboro 10.5 2.]

 

12.I.3. C   A hydro geologic study to determine the effects of the proposed activity on groundwater movement and quality within the general area is required.   Additionally, an estimate of the elevation of the seasonal high-water table within the excavation site is required. (combining with 12.I.3.D.8)

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12.I.3.D   A standard boundary survey of the property lines.

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12.I.3 E   Names and addresses of owners of abutting property lines.

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12.I.3. F  Rehabilitation Plan A proposed plan and specifications for the rehabilitation and restoration of the site upon completion of the operation is required.

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               12.I.3 F.1  A separate rehabilitation and restoration site plan and written narrative to include seeding, planting, final grading, shaping and surface stabilization plans, showing contours (5 foot intervals) of the site upon completion of the operation. Such plans must be approved by the York County Soil Conservation Service, a registered professional forester, or a registered professional civil engineer. The plan shall provide for drainage, erosion, and sedimentation control and a cost estimate.

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The proposed use of the property at completion of the project shall be described. A time schedule and cost estimate for rehabilitation shall be included. The time schedule may include reference points rather than specific dates; for example, 30 days from a specific event. If the proposed restoration takes in excess of 5 years, then it shall be designed to operate in phases, with the approval of the Planning Board and an inspection by the CEO to ensure completion of each phase. [Standish E. (2) (j)]

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Upon completion of the rehabilitation and restoration plan, owners are encouraged to place the land into conservation programs in compliance with the Tree Growth Tax Law and/or Farmland Program and/or Open Space Program. No fee shall be charged to such an applicant. [Waterboro 5.2] Additionally, land may be rezoned for solar farm consideration. Allow tax credits? Other incentives?

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The area of the working pit may not exceed ten (10) acres. (Ten acres is a State ordinance.) Before any subsequent excavation can occur, restoration and reclamation of the denuded site must be completed and inspected by the CEO of Limington, and the Maine Department of Environmental Protection. The reclamation may exclude access roads. Once completed, a variance may be sought from the Planning Board after approval of a variance from the Maine Department of Environmental Protection as set forth in Maine Statutes Title 38 Ꞩ 490 [ME Aggregate Assoc. Gravel Pit & Quarry Model Ordinance Article II.4]in an amount of land not to exceed the amount of land restored and rehabilitated up to a total of ten (10) acres.

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For example, one (1) acre reclaimed will equal one (1) acre released for working.

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Also See 12.I.4 O  for expected Performance Standards regarding the rehabilitation plan.

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12.I.4   Performance Standards

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           All activity shall adhere to best management practices.

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           12.I.4.A   All buffer strips/areas shall be maintained in accordance with 12.I.3 B.2 M

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           12.I.4.B   If any standing water accumulates, the site shall be fenced in a manner adequate to keep children out. Measures shall be taken to prevent or halt the breeding of insects in compliance with Maine Department of Environmental Protection, Maine Center for Disease Control, and the Maine Board of Pesticides Management guidelines. All reclaimed and unreclaimed areas, except for access roads, must be naturally internally drained at all times. [ME Aggregate Assoc. Gravel Pit & Quarry Model Ordinance Article V.7]

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           12.I.4 C   No slopes steeper than three (3) feet horizontal to one (1) foot vertical shall be permitted at any extraction site unless a fence at least six (6) feet is erected to limit access to such locations.

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           12.I.4 D   Before commencing removal of any earth materials, the owner or operator of the extraction site shall present evidence to the Planning Board of adequate insurance with a company licensed to do business in the State of Maine, in an amount not less than $1,000,000 against liability arising from the proposed extraction operations, and such insurance shall be maintained throughout the period of operation. Proof of liability insurance shall be submitted to the CEO annually.

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           12.I.4. E   Any topsoil and subsoil suitable for purposes of re-vegetation shall, to the extent required for restoration, be stripped from the location of extraction operations and stockpiled for use in restoring the location after extraction operations have ceased. Such stockpiles shall be protected from erosion according to the Maine Department of Environmental Protection’s publication “Maine Erosion and Sediment Control Best Management Practices Manual for Designers and Engineers” Oct. 2016 or most recent guidelines.

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           12.I.4 F    Sediment shall be trapped by diversions, silting basins, terraces and other measures designed by a professional engineer.

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           12.I.4 G    The sides and bottom of cuts, fills, channels, and artificial water courses shall be constructed and stabilized to prevent erosion or failure. Such structures are to be designed and built according to the Maine Department of Environmental Protection’s publication “Maine Erosion and Sediment Control Best Management Practices Manual for Designers and Engineers” Oct. 2016 or most recent guidelines.

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           12.I.4 H    Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions. The applicant shall submit written approval from the Maine Department of Marine Resources, the DEP, and/or the Department of Inland Fisheries and Wildlife, as applicable, prior to consideration by the Planning Board.

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           12.I.4 I    The hours of operation of all extraction sites shall be limited to M-F 7 am-5 pm.

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           12.I.4 J    Loaded vehicles shall be suitably covered to prevent dust and contents from spilling or blowing from the load, and all trucking routes and methods shall be subject to approval by the Public Works Director. No mud, soil, sand, or other materials shall be allowed to accumulate on a public road from loading or hauling vehicles.

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           12.I.4 K   All access/egress roads leading to or from the extraction site to public ways shall be treated with suitable materials to reduce dust and mud for a distance of at least three hundred (300) feet from such public ways. Dust may be controlled by sweeping, watering, or the application of calcium chloride according to manufacturer’s labeling. [ME Aggregate Assoc. Gravel Pit & Quarry Model Ordinance Article V.11] No petroleum products may be used to mitigate dust or stabilize the roads.

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           12.I.4 L    No equipment debris, junk or other inorganic material shall be permitted on an extraction site. Any temporary shelters or buildings erected for such operations and equipment used in connection therewith shall be removed withing thirty (30) days following completion of active extraction operations.

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            12.I.4 M   Groundwater protection

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1) Excavation my not occur within 5 feet of the seasonal high water table. A benchmark sufficient to verify the location of the seasonal high water table shall be established and at least one test pit or monitoring well must be established onsite for every 5 acres of excavation. Water tests shall be performed and submitted to the CEO on an annual basis. [ME Aggregate Assoc. Gravel Pit & Quarry Model Ordinance Article V.2]

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                        a) The following setbacks must be maintained between the excavation and any water supply in existence prior to the excavation:

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                                   1) Dug well or point-driven well                                    400 feet

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                                   2) Well drilled into saturated bedrock                            200 feet

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                                   3) Public water supply serving 500 or fewer persons        600 feet

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                                   4) Public water supply serving more than 500 persons     1500 feet

                                   [Waterboro 10.3 1-4]

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                      b) Refueling operations, oil changes and other maintenance activities requiring the handling of fuel, petroleum products, hydraulic fluids, and other on-site activity involving the storage or use of products that, if spilled, may contaminate groundwater, must be conducted in accordance with the ME DEP spill prevention, control and countermeasures plan. A spill prevention, control and countermeasures plan must be available at the site. [ME Aggregate Assoc. Gravel Pit & Quarry Model Ordinance Article V.2.d]

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                     c) In the event that excavation causes contamination, interruption, or diminution of private drinking water to abutting residents, the operator must restore or replace the affected water supply with an alternate source of water, adequate in quantity and quality for the purpose served by the supply.  [ME Aggregate Assoc. Gravel Pit & Quarry Model Ordinance Article V.2.e]

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12.I.4 N    Noise levels shall follow the standard outlined in this town ordinance 11.J.1-2.

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12.I.4 O  Rehabilitation Plan

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 The applicant’s plans shall specify a close out and rehabilitation plan. Rehabilitation should begin as soon as possible in accordance with the time limits established in the close out/rehabilitation plan and may start as soon as areas of the pit cease to be excavated. A yearly report shall be filed with the Code Enforcement Officer indicating the progress of the rehabilitation until the pit is closed and rehabilitation including all planting, has been completed.

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If any substantial change is desired by the owner or operator to the close out/rehabilitation, the plan shall be resubmitted to the Planning Board for review and action, because only the Planning Board is authorized to approve any substantial alteration to a Conditional Use Permit. Substantial shall be defined in this context to include a change in the timetable of more than six (6) months as set forth in the plan.

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Within six (6) months of the completion of extraction operations at any extraction site or any one or more locations within any extraction site, ground levels and grades shall be established in accordance with the approved plans filed with the Planning Board.

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             12.I.4 O 1   All inorganic debris, stumps, boulders, and similar materials shall be removed or disposed of in an approved location or, in the case of boulders, buried and covered with a minimum of two (2) feet of soil.

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             12.I.4 O 2   The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used.

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             12.I.4 O 3   Storm drainage and water courses shall leave the location at the original natural drainage points and in a manner, such that the amount of drainage at any point is not significantly increased.

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             12.I.4 O 4   At least four (4) inches of topsoil or loam shall be retained or obtained to cover all disturbed areas, which shall be reseeded, and property restored to a stable condition adequate to meet the provisions of the Department of Environmental Protection’s publication “Maine Erosion and Sediment Control Best Management Practices Manual for Designers and Engineers” Oct. 2016 or most recent guidelines.

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12.I.4 P    Performance Guarantees

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               Prior to beginning excavation on the site, the applicant shall file with the town a bond payable to the Town of Limington with sureties satisfactory to the Planning Board, or some other form of security including, but not limited to, an escrow account, a security deposit, a passbook or letter of credit. In determining the amount of the bond or the security, the Planning Board shall take into consideration the characteristics of the site, the excavation plan, and the rehabilitation plan which may call for a phased plan for closing out each section of the pit as it is exhausted. In no instance shall the amount be less than one hundred and twenty-five (125) percent of the estimated cost of rehabilitation. All proceeds of forfeited bonds or other security shall be expended by the Town for reclamation of the area for which the security was posted, and any remainder shall be returned to the operator or owner.

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If the operator has partially reclaimed the land, the Planning Board shall issue to the operator a release of such securities as the Town has held on deposit to cover the part of the reclamation, so long as the remaining amount of security held by the Town is deemed sufficient to cover the cost of the remainder of the reclamation.

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Within sixty (60) days after the date of completion of reclamation provided in the mining plan, the operator shall file with the Planning Board a final report containing such information as shall be determined by the Planning Board. Upon the filing of the final report, and upon determination that this article has been complied with, the Planning Board shall release the securities, if any, still in the Town's possession.

If the owner of a site does not begin to rehabilitate the site within six (6) months of when the reclamation plan schedules rehabilitation, or discontinues use of the site as defined herein without rehabilitating the site, the Town may enter the site, perform the work required to meet the rehabilitation plan, and place a lien on the property to collect any expenses it incurs for which it does not have performance guarantees.

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12.I.5     Renewal of Existing Excavation Operations

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12.I.5.A           The Code Enforcement Officer shall require submission of the following for annual permit renewals:

                                       1. Proof of liability insurance                                                                                                            

                                       2. Payment of renewal fee as established by the Limington Fee Schedule                   

                                       3. Annual water test results from monitoring pits or onsite wells.                                

                                       4. Annual air quality test results                                                                                                

                                       5. Noise level test results (see General Performance Standards 11.J and 11.J.2)          

                                       6. Results of an inspection conducted by a Maine licensed professional engineer qualified in the monitoring of mineral extraction activities. A copy of 12.I of this town ordinance shall be submitted to said engineer prior to his inspection.

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                                    The cost of the inspection and all tests shall be borne by the quarry operator/owner.

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                                    If the CEO finds the operation is in compliance with the current conditions of approval, a renewal permit is granted by the CEO.

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12.I.5 B        Failure to Comply   If the inspections reveal that the operation is in violation of the ordinance and/or current conditions of approval, then the CEO will issue a Letter of Non-Compliance to the owner or operator and a copy of said letter to the Planning Board.

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In addition, the CEO will notify the Municipal Officers, who will take action consistent with the Enforcement and Penalties section of this Town Ordinance, Article 13, which may include causing the owner or operator to cease operations until the noncompliance is corrected and to levy fines in accordance with 30-A M.R.S.A.Ꞩ 4452, as specified.

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If the owner/operator of the quarry has received a Letter of Non-Compliance, then the annual permit application shall be referred to the Planning Board with findings attached for final action on the renewal application.

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Neither the CEO nor the Planning Board may issue a renewal permit until all fees have been paid and any violations have been rectified and confirmed in a Letter of Compliance issued by the CEO. [Maine Aggregate Association Gravel Pit & Quarry Model Ordinance Article X.2.  Standish F. (1)]

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12.I.5 C            Five Year Renewal   Every fifth year the permit renewal must be approved by the Planning Board. At the 5-year review, the Planning Board may delete, revise, or add to any conditions of approval governing those areas where the operation has been found to be in violation of the original permit. If expansion is proposed beyond the original plan, the applicant must obtain a separate permit from the Planning Board. A site walk and a public hearing shall be held within 30 days of the receipt of a completed fifth year renewal application. [Standish E.(3) and F(1) b]

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12.I.5 D           All renewal permits shall take effect on April 1st of each year. Expiration occurs on March 31.

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12.I.5 E            Change of owner or operator requires a notification to the CEO within 30 days. All prior conditions of operation shall continue to apply.

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12.I.5 F            If the ownership of the operation changes and the performance guarantee is returned to the former owner, a new performance guarantee, in accordance with Section 12.I.4 Q shall be established with the Town within 30 days of the purchase date.

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12.I.5 G           Any operation shall be deemed closed 90 days after its permit expires or in the event of non-compliance, or if operations cease for a period of more than one year. The site shall then be rehabilitated in accordance with the approved rehabilitation plan. [Standish E.5 and F. (2-6)]

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12.I. 6   Expansions of Existing Excavation Operations

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The area of the working pit may not exceed ten (10) acres. (Ten acres is a State ordinance.) Before any subsequent excavation can occur, restoration and reclamation of the denuded site must be completed and inspected by the CEO of Limington, and the Maine Department of Environmental Protection. The reclamation may exclude access roads. Once completed, a variance may be sought from the Planning Board after approval of a variance from the Maine Department of Environmental Protection as set forth in Maine Statutes Title 38 Ꞩ 490 [ME Aggregate Assoc. Gravel Pit & Quarry Model Ordinance Article II.4]in an amount of land not to exceed the amount of land restored and rehabilitated up to a total of ten (10) acres.

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For example, one (1) acre reclaimed will equal one (1) acre released for working. Also see Rehabilitation Plan 12.I.4.

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12.I. 7    Conflict of Ordinances

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              In the event that any provision of this ordinance is in conflict with any other federal, state, or local statute, ordinance or regulations, the provision that establishes the most stringent requirement shall govern. [Waterboro15.2]

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12.I. 8    Penalties

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              Penalties shall be made in accordance with the enforcement and penalties article, including provisions of 30-A M.R.S.A. Ꞩ 4452, of the Town of Limington zoning ordinance.

 

              As an additional remedy, any violation of this ordinance, or any of the provisions or regulations incorporated herein, shall be deemed and are declared to be a nuisance and may be subject to abatement by restraining order or injunction issued by a court competent jurisdiction. [Waterboro 18]

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12.I.9    Effective Date

 

This Extractive Industry and Land Reclamation Ordinance dated ________ shall supersede all previous Extractive Industry ordinances. [Maine Aggregate Assoc. Gravel Pit & Quarry Model Ordinance Article Art. IV] Within two weeks of adoption, the Code Enforcement Officer shall submit a copy of this ordinance to the owner/operators of all Limington pits, both active and inactive, informing them of the requirements of this section, and must confirm receipt. [Buxton, 11.7.F.1]

 

12.I. 9 A    Registration of Existing Operations [Maine Aggregate Assoc. Gravel Pit & Quarry Ordinance Article IV]  

Excavations that were operating prior to the adoption of this ordinance shall register the excavation within 180 days of adoption of this ordinance on a notice to the Planning Board. That registration may be done by submitting #1 and #2 below if the Planning Board has on file all other information contained in #3-8 below including a rehabilitation plan (#4). Otherwise, registration will include:

 

1. Name, address, and telephone number of the owner and, if different from the owner, the operator;

2. Intent to comply with provisions stated within.  

3. Map and site plan. A location map and site plan drawn to scale showing:

• property boundaries

• stockpile areas

• reclaimed and unreclaimed lands

• access and haul roads

• all applicable private drinking water supplies

• all public drinking water sources

• all existing or proposed solid waste disposal areas

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• 4.Description of Operation.  A narrative describing:

• the existing excavation including size and depth of the existing working pit or quarry

• size of any area where groundwater is exposed

• method of excavation

• any on-site processing.

• copies of any blasting plans, reclamation plans, performance bonds or other surety, and any license or permits for the site from the State of Maine, or any inspection reports of the operation form any agency of the State of Maine or federal government.

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• 5. Parcel description.  A parcel description and size, by tax map or deed description

• 6. Information on abutters.  Names and addresses of abutting property owners.

• 7. Signed statement by the owner or operator certifying that the information contained in the Registration is accurate and true.

 

Within 30 days of receipt of the registration of an existing operation, the Planning Board shall notify the owner or operator of acceptance of the registration. Prior to accepting the registration, the Planning Board may request other evidence as necessary to verify information provided in the registration.

 

Any excavation existing prior to adoption of this ordinance not registered as set forth in this section will be considered the same as a new excavation.

  

12. I.9. B   Inspection of Active Operations  

 

All active pits that file a registration with the Planning Board will be inspected annually by a Maine licensed professional engineer qualified in the monitoring of mineral extraction activities, as described in Section 12. I. 5, and renewed by the CEO.  Those inspections will start on April 1 following the adoption of this ordinance and be completed by the 31st day of the following March.    

 

Five-year renewals will be conducted by the Planning Board as described in Section 12.I.5, starting in the fifth year after receipt of the registration required in this section.  

                 

12.I.9. C   Inspection of Inactive Operations   

 

All inactive pits will be inspected by a professional engineer qualified in the monitoring of mineral extraction activities who will advise the CEO whether there are any noncompliance issues that may cause environmental harm, or that may pose a possible threat to the safety and well-being of the public. State regulations require that exhausted pit areas should be graded to a slope no steeper than 2.5 horizontal feet for each one vertical foot, and at least 90 % covered with vegetation. To close a pit, the pit must be totally reclaimed and all structures removed. [Maine Department of Environmental Protection, Article 7] If not on record already with the town, inactive pits must submit a rehabilitation plan to the Planning Board within 180 days of adoption of this ordinance.

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If the Planning Board decides to make any pit exempt from any current state requirement, those findings need to be made public on the town website.

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END

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