Enacted by Town Council April 19, 2005: Effective May 19, 2005
Proposed Revision of Gravel Pit Ordinance March 22, 2005
SECTION 402.29 - MINERAL EXPLORATION, EXCAVATION AND REMOVAL OF LANDS FOR THE PURPOSE OF CREATING A SAND, FILL, OR GRAVEL PIT
This Section may also be known as the Gravel Pit and Quarry Ordinance.
Section 1. Purpose
The purpose of Section 402.29 of the Ordinance is to:
1.1 Regulate in an environmentally sound manner the extraction, removal,
processing, and storage of topsoil, loam, rock, sand, gravel, clay, and other similar non-metallic earth materials in order to create an excavation for the purpose of obtaining gravel, rock, sand, fill, borrow, or clay.
1.2 Protect the quantity and quality of the groundwater and other water bodies.
1.3 Prevent a lowering of the average water table.
1.4 Control erosion.
1.5 Regulate access to excavations to and from public and private streets or roads.
1.6 Provide for the safety of the public.
Section 2 Effective Date :
The effective date of this revision of this Ordinance shall be May 19, 2005 .
Section 3 Applicability :
After the effective date of this revision of this Ordinance, all excavations within the Town of Gray shall be operated and maintained in accordance with the requirements of this Ordinance except for those excavations with previously issued valid permits that specifically allow otherwise. Examples of exceptions include, but are not limited to, previously issued site location of development permits or other arrangements that have been approved by the State Of Maine Department Of Environmental Protection.
Section 4 Definitions
Unless specifically defined herein, all words and terms in this Ordinance shall have their usual and customary dictionary definitions.
4.1 Applicant. Anyone who applies for a permit to create or operate an excavation to obtain gravel, rock, sand, fill, borrow, or clay.
4.2 Blasting. The use of explosives to break up or otherwise aid in the extraction or removal of rock or other consolidated natural formation.
4.3 Blazed Tree. A tree from which a section of bark has been removed to displaya visible spot that can be easily recognized
4.4 Buffer Strip. An undisturbed area or belt of land that is covered with trees or other vegetation.
4.5 Excavation. Any digging, mining, or removal of borrow, topsoil, loam, rock, sand, gravel, clay, silt, or other similar non-metallic earth materials whether alone or in combination.
4.6 Gravel Pit. An excavation for removal, processing, or storage of borrow, topsoil, loam, gravel, rock, sand, clay, silt, or other similar non-metallic earth materials whether alone or in combination.
4.7 Operator. The owner or operator of an excavation.
4.8 Protected Natural Resource. As defined in 38 MRSA Section 480-B Subsection 8.
4.9 Public Works Projects. A project for the Town of Gray, other municipal entity, or the State of Maine including, but not limited to, the Maine Department of Transportation, and the Maine Turnpike Authority.
4.10 Rock. A hard non-metallic material that requires cutting, blasting, or similar methods of forced extraction.
4.11 Quarry. An excavation for the extraction of rock.
4.12 Reclamation. The rehabilitation of an area of land affected by excavation or mining.
4.13 Silt or clay. A material that consists of particles of such size that forty-five (45) percent or more of the fraction of those particles able to pass through a three (3) inch sieve pass through the United States Standard Number 200 sieve, or a material that exhibits similar erosion potential, difficulty of stabilization, or runoff based upon gradation, plasticity, permeability, or other relevant criteria.
4.14 Topsoil. The top layer of soil that is predominantly fertile and ordinarily moved in tillage or the equivalent of such a layer in uncultivated soils.
4.15 Working Excavation. The area of extraction, including side slopes, of an excavation for borrow, topsoil, loam, gravel, rock, sand, clay, silt, or other similar non-metallic earth materials whether alone or in combination. The area of a "working excavation" does not include areas for stockpiles, permanent fixed structures such as an office building, permanent processing facility, or fixed fuel storage.
Section 5 Classifications
There shall be three (3) classifications of excavations :
5.1 Class A excavations are those that are required to have a permit from the Maine Department of Environmental Protection in accordance with PERFORMANCE STANDARDS FOR EXCAVATIONS FOR BORROW, CLAY, TOPSOIL, OR SILT 38 MRSA §§ 490-A to 490-M or excavations that have filed a notice of intent to comply pursuant to 38 MRSA § Section 484-A of the Site Location of Development Law and have adhered with the compliance schedule as required by that Section.
5.2 Class B excavations are those that are not required to have a permit from the Maine Department of Environmental Protection, but are required to have a permit from the Town of Gray.
5.3 Class C excavations are those that are not required to have any permit because they are exempt under any one of the following rules :
5.3.1 Excavation whose sole purpose is to determine the nature or extent of mineral resources and is accomplished by hand sampling, test boring, or other methods which create minimal disturbance with test holes filled in immediately after use.
5.3.2 The removal of less than two hundred (200) cubic yards of material (except topsoil) in any one (1) year, provided that such removal does not disturb more than one (1) acre of land. The removal of any amount of topsoil or loam from a site is not an exempt activity unless it is undertaken as part of an approved construction project, is part of normal farm operations, or the topsoil or loam is being moved to a contiguous site having the same ownership.
5.3.3 Excavation or grading which is undertaken as part of and subordinate to an approved construction project such as a subdivision, permitted structure, or road.
5.3.4 Excavations that have not expanded the limits of extraction beyond those that existed on the site prior to the initial adoption of this Ordinance Section 402.29 on July 4, 1984.
Section 6 Permits
6.1 Any proposed new excavation, or any proposed expansion of an existing excavation beyond the boundaries of an existing permit, that is entirely within the Town of Gray is required to obtain a permit from the Town of Gray in accordance with the requirements of this Ordinance. For any excavation that crosses municipal boundaries, this requirement for a permit applies only to that portion that lies within the Town of Gray of a new excavation or proposed expansion of an existing excavation beyond the boundaries of an existing permit.
6.2 A permit shall be for the life of the permitted area. Renewal of a permit shall not be required while the operation of an excavation remains within the boundaries of the existing permit, provided that the owner or operator complies with all the requirements of this Ordinance.
6.3 Planning Board approval is required before a permit is issued by the Town of Gray.
6.4 An application for a permit shall be submitted to the Code Enforcement Officer.
The Code Enforcement Officer shall verify that the application is complete.
The following information shall be included with the application for a permit :
6.4.A Name, address, telephone number, fax, and email address of current owner of the property.
6.4.B Name, address, telephone number, fax, and email address of operator if different from owner.
6.4.C For a Class A excavation, if the applicant has received a Maine Department of Environmental Protection permit or any other State or Federal permits that may be required, then copies of those permits shall be included with the application.
6.4.D A copy of the site plan. For a Class A excavation, if a site plan has been accepted by the Maine Department of Environmental Protection, then a copy of that site plan shall be included with the application. The site plan shall include the following information :
6.4.D.1 Boundaries of the entire parcel.
6.4.D.2 Contours of land within and extending beyond the boundaries of the parcel for two-hundred (200) feet in all directions.
6.4.D.3 Present use of entire parcel including existing excavated areas.
6.4.D.4 Type and location of all existing and proposed surface water including drainage ways.
6.4.D.5 Boundaries of the areas proposed to be excavated.
6.4.D.6 Location of all proposed accesses to and from public or private streets.
6.4.E The location of existing wells and streams.
6.4.F The depth to groundwater at the site of the proposed excavation as determined by test boring to substantiate that the groundwater will not be disturbed.
6.4.G Plans for controlling access to the site.
6.4.H Provisions for shielding the excavation from surrounding properties with adequate screening or buffering.
6.4.I Description of existing or proposed signs and lighting.
6.4.J A narrative description of the operations including methods of extraction, uses of on-site processing equipment, type and location of any structures, stockpiled materials, disposition of stumps, brush, or other materials, and on-site storage of any hazardous materials.
6.4.k Parcel description by tax map and copy of deed with Registry of Deeds Book and Page Number.
6.4.L Names and addresses of abutting property owners.
6.4.M Present uses of abutting and nearby properties.
6.4.N A signed statement attesting that, to the best of the Applicant’s knowledge, the information contained in the application is true, accurate, and complete.
6.5 The Planning Board shall review each application for a permit according to the procedures of this Ordinance.
6.6 For Class A excavations, the Maine Department of Environmental Protection shall have jurisdiction over all matters pertaining to, or associated with, a Class A excavation. The Town of Gray Planning Board shall not have jurisdiction over any matters which fall within the jurisdiction of the DEP.
6.7 A public hearing shall be held within thirty (30) days of the date that the Code Enforcement Officer determines that the application is complete.
6.8 The Planning Board shall determine that the following issues are met by the proposed excavation operation :
6.8.A An appropriate buffer strip in accordance with the requirements of Section 7.3. of this Ordinance.
6.8.B Fencing, if appropriate to protect children when adjacent to a school or for other similar special circumstances
6.8.C Signs and lighting designed to prevent public nuisance conditions or undesirable aesthetic effects on the neighborhood.
6.8.D Safe entrances and exits in accordance with the provisions of the Gray Street Construction Ordinance.
6.8.E Appropriate security provisions.
6.8.F Noise, dust, runoff, and other environmental considerations that are outside of the boundaries of the excavation operation.
6.8.G The plan shall present appropriate mitigation measures to minimize negative impacts of the project on surrounding or nearby properties or public facilities including , but not limited to public roads.
Section 7 Excavation Regulations
7.1 All excavation operations shall be in accordance with the excavation and reclamation requirements of the Maine Department of Environmental Protection and the requirements of the applicable Sections of this Ordinance except that any areas that have not been disturbed or modified since July 4, 1985 are not subject to reclamation requirements.
7.2 All property boundaries must be identified by markers such as metal posts, stakes, flagging, or blazed trees.
7.3 A natural buffer strip of existing vegetation must be maintained in accordance with
the following requirements :
7.3.1 A natural buffer strip at least twenty-five (25) feet wide must be maintained between any topsoil excavation and any property boundary. A natural buffer strip at least fifty (50) feet wide must be maintained between any other excavation and any property boundary. These distances may be reduced to not less than ten (10) feet with the written permission of the affected abutting property owner or owners. The written permission must be recorded in association with the deed of the affected abutting property at the Cumberland County Registry of Deeds. The distance may not be reduced to less than twenty-five (25) feet from the boundary of any cemetery or burial ground.
7.3.2 The buffer strip between excavations owned by abutting owners may be eliminated with the written permission of the abutters, provided that the elimination of this buffer strip does not increase the runoff from either excavation across the property boundaries.
7.3.3 A natural buffer strip at least one-hundred (100) feet wide must be maintained between any quarry and any property boundary. This distance may be reduced to not less than ten (10) feet with the written permission of the affected abutting property owner or owners. The written permission must be recorded in association with the deed of the affected abutting property at the Cumberland County Registry of Deeds. The distance may not be reduced to less than twenty-five (25) feet from the boundary of any cemetery or burial ground.
7.3.4 The buffer strip between quarries owned by abutting owners may be eliminated with the written permission of the abutters, provided that the elimination of this buffer strip does not increase the runoff from either excavation across the property boundaries.
7.3.5 Natural buffer strips must be maintained for the environmental protection of flowing water, water bodies, wetlands, and significant wildlife habitats contained in wetlands as follows :
7.3.5.A A natural buffer strip at least one-hundred (100) feet wide must be maintained between the working edge of any excavation or quarry and the normal high water line of a great pond classified as GPA or a river or stream flowing to a great pond classified as GPA.
7.3.5.B A natural buffer strip at least seventy-five (75) feet wide must be maintained between the working edge of any excavation or quarry and any other water body.
7.3.5.C A natural buffer strip at least seventy-five (75) feet wide must be maintained between the working edge of any excavation or quarry and any river, stream, or brook as defined in 38 MRSA Section 480-B.
7.3.5.D A natural buffer strip at least seventy-five (75) feet wide must be maintained between the working edge of any excavation or quarry and a freshwater wetland consisting of or containing either or both of :
7.3.5.D.1 Under normal circumstances, at least twenty-thousand (20,000) square feet of aquatic vegetation, emergent marsh vegetation, or open water except for artificial ponds or impoundments.
7.3.5.D.2 Peat lands dominated by shrubs, sedges, and sphagnum moss.
7.3.5.E A natural buffer strip at least seventy-five (75) feet wide must be maintained between the working edge of any excavation or quarry and a significant
wildlife habitat contained within a freshwater wetland.
7.3.6 A natural buffer strip at least one-hundred-fifty (150) feet wide must be maintained between the working edge of any excavation or quarry and the nearest edge of the right of way of an adjacent road designated as a Scenic Highway by the Department of Transportation.
7.3.7 A natural buffer strip at least fifty (50) feet wide must be maintained between the working edge of any excavation or quarry and the nearest edge of the right of way of any adjacent public road that has not been designated as a Scenic Highway.
7.3.8 A natural buffer strip at least fifty (50) feet wide must be maintained between the working edge of any excavation or quarry and any adjacent private road as well as the nearest edge of the right of way of any adjacent private road. The width of the buffer strip adjacent to a private right of way may be reduced if written permission is obtained from those who possess the use of the right of way. The written permission must be recorded in association with the deed of the affected property of the right of way at the Cumberland County Registry of Deeds.
7.4 Dust generated by activities at the excavation, including dust associated with traffic, must be controlled by reasonable means such as watering, paving, or other suitable management practices.
7.5 Erosion and sedimentation control for all reclaimed and unreclaimed areas, except for access roads, shall be in accordance with the following :
7.5.1 The area of a working excavation may not exceed ten (10) acres.
7.5.2 Stockpiles of top soil to be used for reclamation must be seeded, mulched, or otherwise temporarily stabilized.
7.5.3 Grubbed areas shall be stabilized.
7.5.4 Sediment shall be contained within the excavation site. Sediment shall not leave the parcel and shall not enter a protected natural resource.
7.6 Erosion and sedimentation control for access roads, shall be in accordance with the Maine Department of Environmental Protection best management practices.
7.7 Surface water discharges from areas may not be increased as a result of storm water runoff from storms up to a level of intensity of a twenty-five (25) year, twenty-four (24) hour storm and must also be in accordance with the following standards :
7.7.1 Grading or other construction activity on the site may not alter natural drainageways such that the drainage, other than that which occurred before development, adversely affects an adjacent parcel of land, or that any drainageways flowing from an adjacent parcel of land to the parcel are impeded.
7.7.2 Class A excavations or quarries two (2) acres or larger in size must be naturally internally drained. Structures such as detention ponds, retention ponds, and undersized culverts may not be used to meet the requirements of this Section unless the operator first obtains a variance from the Department of Environmental Protection in accordance with the requirements of 38 MRSA Section 490-E for gravel pits, 490-CC for quarries, and submits a copy of the variance approval to the Code Enforcement Officer.
7.8 To ensure adequate protection of groundwater, setback requirements shall be in accordance with the following requirements :
7.8.1 Excavation may not occur within a vertical distance of five (5) feet of the seasonal high water table. A benchmark sufficient to verify the height of the seasonal
high water table must be established and at least one test pit or monitoring well must be established on each five (5) acres of unreclaimed land.
7.8.2 A minimum separation of two-hundred (200) feet must be maintained between any excavation and any private drinking water supply that is a point-driven or dug
well and that was in existence prior to the excavation.
7.8.3 A minimum separation of one-hundred (100) feet must be maintained between any excavation and any private drinking water supply that is drilled into saturated
bedrock and that was in existence prior to the excavation.
7.8.4 A minimum separation of one-thousand (1000) feet must be maintained between any excavation and a public drinking water source.
7.9 Refueling operations, oil changes, and other maintenance activities requiring the handling of fuels, petroleum products, hydraulic fluids, and other on site activity involving the storage or use of products that, if spilled, may contaminate groundwater, shall be conducted in accordance with a Maine Department of Environmental Protection spill prevention, control, and countermeasures plan. Petroleum products and other substances that may contaminate groundwater shall be stored and handled over impervious surfaces that are designed to contain spills. The spill prevention, control, and countermeasures plan shall be posted at the site.
7.10 The level of noise associated with the operation of an excavation shall be controlled to minimize unreasonable impacts upon nearby neighbors. All operations
shall be conducted in accordance with the following requirements :
7.10.1 Except as noted in Subsections 7.13. and 7.14. below, routine operation
of an excavation shall not cause sound levels at any property line of the excavation, or a property line of a contiguous property owned by the operator whichever is farther from the sound source, that exceed the following limits :
7.10.1.A The day time limit of seventy-five (75) dBA between 6:00 a.m. and 7:00 p.m.
7.10.1.B The night time limit of sixty (60) dBA between 7:00 p.m. and 6:00 a.m.
7.10.1.C The Sunday limit of sixty (60) dBA all day on Sunday.
7.11 Sound levels resulting from routine operation of excavations shall be measured in accordance with the rules and regulations of the Department of Environmental
Protection for noise as found in Chapter 375 Section 10-H.
7.12 Sound resulting from production blasting at an excavation shall be measured in peak linear sound level (dBLA) with a linear response down to 5 Hz and shall
be limited as follows :
7.12.1 Blasting shall not occur on Sundays.
7.12.2 Blasting shall not occur between the hours of 7:00 p.m. and 7:00 a.m.
7.12.3 Blasting shall not occur more frequently than four times per day.
7.12.4 Sound from blasting shall not exceed the following limits at any protected location :
Number of blasts
per day . Sound level limit
1 129 dBLA
2 126 dBLA
3 124 dBLA
4 123 dBLA
7.13 Blasting must be conducted in accordance with 25 MRSA, Chapter 318 and 38 MRSA, Section 490-Z.
7.14 The following activities are exempt from the sound level limits in this Section :
7.14.1 Registered and inspected vehicles while operating on public ways, or while entering the excavation area to make a delivery or a pickup and which are moving, starting, or stopping, but not when they are parked continuously for more than sixty (60) minutes in the excavation area.
7.14.2 Warning signals and alarms.
7.14.3 Emergency maintenance and repairs
7.14.4 Operations necessary for public works projects.
7.15 No part of any land affected by a gravel mining operation may be located in a significant wildlife habitat, as defined in 38 MRSA Section 480-B, or in an area listed pursuant to the Natural Areas Program, 12 MRSA Section 544.
7.16 Solid waste, including stumps, wood waste, and land-clearing debris generated on the affected land must be disposed of in accordance with the rules of the Maine Department of Environmental Protection Chapter 13, including any rules adopted to implement those laws.
7.17 Truck traffic at any excavation operation shall be limited to thirty-five (35) trucks per hour or comply with applicable permit requirements of the Maine Department of Transportation under Title 23, Section 704-A, and all applicable Ordinances of the Town of Gray.
Section 8 Reclamation
8.1 All land affected by excavation must be reclaimed in accordance with the requirements of this Section or as provided under 38 MRSA Section 490-E or 490-CC.
8.2 Reclamation shall restore an area to a condition that is similar to or compatible with the conditions that existed before excavation.
8.3 Reclamation may include, but is not limited to :
8.3.A Stabilization of slopes.
8.3.B Creation of safety benches.
8.3.C Planting of forests.
8.3.D Seeding of grasses and legumes.
8.3.E Seeding for grazing purposes.
8.3.F Planting of crops for harvest.
8.3.G Enhancement of wildlife and aquatic habitat.
8.3.H Enhancement of aquatic resources.
8.3.I Enhancement of recreational resources.
8.4 An owner or operator may apply to the Planning Board for approval of plans for alternative forms of reclamation.
8.4.A The site may be converted to another use.
8.4.B An owner or operator may develop a recreational management area and be exempt from the reclamation standards set forth in this Section if the following three conditions are all met :
8.4.B.1 The owner or operator first obtains a variance from the Maine Department of Environmental Protection in accordance with the requirements of 38
MRSA Section 490-E for gravel pits and 490-CC for quarries.
68.4.B.2 The Off-road Recreational Vehicle Division of the Maine Department of Inland Fisheries and Wildlife determines that the site is suitable under Title 12,
Section 1893-A.
8.4.B.3 The owner or operator submits a copy of the variance approval to the Code Enforcement Officer.
8.5 Unless other approved arrangements are made, reclamation shall be conducted in accordance with the Maine Department of Environmental Protection best management practices for erosion and sediment control within two (2) years after final grading and shall include :
8.5.1 Side slopes shall not be steeper than one (1) foot vertical for two-and-one-half (2 1/2) feet horizontal.
8.5.2 A vegetative cover shall be established by seeding within one year of the completion of excavation. Vegetative cover is acceptable if, within one year of seeding both of the following are accomplished :
8.5.2.A The planting of trees and shrubs results in a permanent stand or a stand capable of regeneration and succession, sufficient to ensure a 75% survival rate.
8.5.2.B The planting of all materials results in a permanent ninety (90) percent of ground coverage.
8.5.3 When applicable, the site must be returned to its pre-construction natural condition as much as may be feasible to the satisfaction of the CEO. The CEO may require, when no longer in use, the removal of all associated above ground structures, equipment, foundations, utilities, and access roads or driveways constructed to specifically service the reclaimed area.
8.6 The Town may require an acceptable form of surety to cover the estimated cost to complete the reclamation of excavations with a working excavation larger than ten (10) acres in size, excluding any reclaimed areas, unless the operator demonstrates that a bond or similar financial assurance has been secured for the Maine Department of Environmental Protection pursuant to 38 MRSA Section 490-E. The estimated cost to complete the reclamation shall be determined on the basis of usual, customary, and reasonable costs for similar reclamation. The applicant shall provide surety in the form of cash, certified bank checks, insurance bonds, or irrevocable letters of credit all payable to the Town of Gray. Any such surety shall be satisfactory to the Municipal Officers and to the Town Attorney as to sufficiency, manner of
execution, and amount.
Section 9 District Regulations
9.1 Excavation and earth-moving activities requiring a permit in accordance with Section 6 of this Ordinance shall be considered allowed uses in the RRA, BD, MD, C, AOZ, LD, and MH Zoning Districts.
9.2 Excavation and earth-moving activities which require a permit but which were not in operation as of July 4, 1985 shall be prohibited in the VAP, WH-1, and WH-2 Zoning Districts.
9.3 RP, SP and LR Zoning Districts are covered separately under the Shoreland Zoning Ordinance of the Town of Gray.
Section 10 Inspections
Inspections are required for all Class A and Class B excavations. The purpose of inspections is to determine or reaffirm that the excavation is in full compliance with Section 7 Excavation Regulations of this Ordinance.
10.1 Inspections of Class A excavations by the Maine Department of Environmental Protection shall be deemed sufficient provided that the owner or operator forwards a copy of the inspection report to the Code Enforcement Officer within thirty (30) days of receipt with payment of a fee of twenty-five (25) dollars for the recording of the report.
10.2 Annual inspections of Class B excavations shall be performed by persons who are qualified to determine the degree of compliance of the excavation with the requirements of this Ordinance.
10.2.A An appropriate fee for the inspection shall be paid by the owner or operator of the excavation.
10.2.B The person doing the inspection shall be provided with an escort in accordance with the rules and regulations of the Federal Mining Safety and Health Administration (MSHA). Upon appropriate notice, the operator or a designee shall be the escort for inspection of the excavation.
10.2.C The person doing the inspection shall determine, as much as may be possible, the extent of the compliance of the excavation with the requirements of this Ordinance. If there are any instances of not being in compliance, those instance shall be noted on the inspection form in accordance with Section 10.2.D of this ordinance.
10.2.D The person doing the inspection shall complete the proper inspection form “Annual Inspection for Class B Excavations”, with any appropriate comments, and deliver the completed form to the owner or operator.
10.2.E The owner or operator shall forward a copy of the completed inspection report to the Code Enforcement Officer within thirty (30) days of receipt with payment of a fee of twenty-five (25) dollars for the recording of the report.
10.3 Class C excavations may be inspected as deemed necessary by a designated representative of the Town of Gray.
10.4 If any additional inspection reports related to an excavation are received from any State or Federal Agency, the owner or operator shall forward a copy of the inspection report to the Code Enforcement Officer within thirty (30) days of receipt with payment of a fee of twenty-five (25) dollars for the recording of the report.
10.5 By submitting an application for a permit, or by submitting an Annual Report, the applicant agrees to authorize a properly escorted designated representative of the Town to enter the property including buildings, structures, or conveyances on the property at reasonable hours to determine compliance with the terms and conditions of a permit for a Class B excavation.
Section 11 Expansions of Nonconforming Uses
No nonconforming mineral exploration, excavation, or removal of lands for the purpose of creating a sand, fill, or gravel pit shall be extended to other land or parts of land unless the other land or parts of the land were designated for such use prior to July 4, 1985. On any land or parts of land that were not designated for such use prior to July 4, 1985, excavation shall be permitted only upon the submittal and approval of an entirely new and separate application in accordance with the requirements of this Ordinance.
Section 12 Waiver of Provisions
12.1 The Town of Gray shall accept waivers or variances granted by the Department of Environmental Protection under 38 MRSA Section 490-E provided that the operator provides a copy of the variance approval to the Code Enforcement Officer prior to commencing the activity requiring the variance.
12.2 The Planning Board may waive any provision of this Ordinance upon determining that such waiver will not violate the purpose of this Ordinance.
Section 13 Change of Owner or Operator
Notice of a change of owner or operator shall be submitted to the Code Enforcement Officer of the Town of Gray in accordance with the following requirements :
13.1 For Class A excavations, the new owner or operator shall submit evidence to the Town that the excavation meets either of the following conditions :
13.1.1 The excavation has a valid Site Location of Development License
pursuant to 38 MRSA Section 481.
13.1.2 The excavation has a valid gravel pit or rock quarry registration from the Maine Department of Environmental Protection pursuant to 38 MRSA 490-C, or 490-Y.
13.2 For Class B excavations, the new owner or operator shall submit a notice of intent to comply with the requirements of this Ordinance.
13.3 Where there is a change in ownership of an excavation operation for which a surety has been provided, the new owner shall be responsible for providing a new surety in accordance with the requirements of Section 8.6. Such surety shall be provided before the Town releases the original surety.
Section 14 Annual Report
The owner or operator of each Class A or Class B excavation shall submit a report for each separately permitted excavation to the Code Enforcement Officer of the Town of Gray no later than March 1 of each year on a form specified by the Town of Gray. The report shall include the following information :
14.1 Name, address, telephone number, fax, and email address of owner.
14.2 Name, address, telephone number, fax, and email address of operator if different
from owner.
14.3 Location of excavation with street address or directions to the excavation and
Town of Gray Lot and Map designation.
14.4 Area in acres of working excavation.
14.5 Total area in acres that is currently permitted for excavation.
14.6 Total area in acres that is “grandfathered” in accordance with Section 3, Section 7.1, Section 9.2, or Section 11 of this Ordinance.
14.7 Total area in acres that has been excavated.
14.8 Total area in acres that has been reclaimed.
14.9 An estimate of when the total area that is expected to be excavated will reach the limits of the area that has been permitted for excavation.
14.10 A statement of whether or not the Department of Environmental Protection has conducted an on-site inspection since the most recent previous report.
14.11 A signed statement attesting that the information submitted in the report is truthful, accurate, and correct to the best of the knowledge of the owner or operator and reaffirming that the excavation is in full compliance with the permit issued under this Ordinance.
14.12 Payment of required fee.
Section 15 Application Fee
The owner or operator shall pay a fee of $ 250 to the Town of Gray upon filing an application for an excavation under this Ordinance.
Section 16 Enforcement
16.1 A penalty of fifty ($ 50.00) dollars shall be assessed for a failure to file the required Annual Report with payment of the required Annual Fee by March 1 of each year.
16.2 Failure to pay the required Annual Fee by July 1 of each year or failure to file the required Annual Report by July 1 of each year shall constitute sufficient cause for the Town of Gray to terminate any excavation permit that has been issued under the provisions of this Ordinance.
16.3 Failure to comply with any of the terms of the excavation permit granted under this Ordinance shall constitute sufficient cause for the Town of Gray to terminate that
permit or to undertake any other appropriate enforcement action or penalties.
16.4. Failure to comply with any approval granted under this Ordinance or any other requirement of this Ordinance shall be considered a violation, which may be subject
to enforcement under the provisions of 30-A M.R.S.A. § 4452.
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