Chapter 15.95
Aggregate and Mineral Resource Development
Sections:
15.95.010 Intent of aggregate and mineral resource development permit standards.
15.95.020 A resource development permit and agreement.
15.95.030 Permits for excavation expansion.
15.95.040 Public hearing procedure for resource development permit.
15.95.050 Criteria for resource development permit.
15.95.060 Control of the development during operation and after completion.
15.95.010 Intent of aggregate and mineral resource development permit standards.
The resource development permit standards are intended to protect, regulate and encourage the prudent use of the City’s aggregate and mineral resources for the benefit of the City. [Ord. 504 § 4.010(1), 1980; 1981 Compilation § 8-5:4.010(1).]
15.95.020 A resource development permit and agreement.
A development permit issued by the City Administrator shall be obtained prior to the issuance of a building permit. A development agreement between the City and the applicant shall detail how excavation and mining will occur, and how all requirements shall be met. If the City Administrator finds that a developer holding a development permit issued under this division is removing material from the ground contrary to the conditions set out in the development agreement, the permit may be revoked under notice and hearing as per these sections. [Ord. 504 § 4.010(2), 1980; 1981 Compilation § 8-5:4.010(2).]
15.95.030 Permits for excavation expansion.
When expanding excavations which were initiated before July 1, 1972, or which are going to be less than an acre in size, the developer shall provide reclamation plans and a financial guarantee acceptable to the City ensuring that the property will be reclaimed before a development or building permit is granted. This information shall be submitted to the State Department of Geology and Mineral Industries or the Division of State Lands for their review; the suggestions of these agencies shall be considered by the City in making its decisions. [Ord. 504 § 4.010(3), 1980; 1981 Compilation § 8-5:4.010(3).]
15.95.040 Public hearing procedure for resource development permit.
A. Public Hearing. The Planning Commission shall hold a public hearing prior to authorizing any mining or drilling activity within the City limits. The hearing shall be held within 45 days after the Department of Geology and Mineral Industries or the Division of State Lands review comments are received.
B. Notice. Prior to a public hearing the City Administrator shall notify all parties that might be affected by the resource extraction. Notice shall be published in a newspaper having general circulation within the City of Brownsville at least once not less than five days and not more than 15 days prior to the hearing. Notice shall also be posted at City Hall, the City library and the post office. All abutting property owners shall be mailed notice. The cost of notification shall be borne by the applicant.
C. Permit Issuance. The City Administrator shall issue a development permit after a public hearing if, in the Planning Commission’s judgement, the developer has met the requirements of this division and the development is not a threat to the public health, safety or welfare. The developer and the City Administrator shall then jointly sign the agreement.
D. Appeal. Any aggrieved party may appeal the decision of the Planning Commission to the City Council. The City Council shall review the appeal under the conditional use procedure. If no appeal is filed within 15 days of the Planning Commission’s decision, the decision shall be final. [Ord. 504 § 4.010(4), 1980; 1981 Compilation § 8-5:4.010(4).]
15.95.050 Criteria for resource development permit.
A. A decision by the Planning Commission on an application for a resource development permit shall be based on the following criteria:
1. The developer shall show that the Department of Geology and Mineral Industries and/or the Division of State Lands have granted a permit, or that neither ORS chapter 571 nor ORS chapter 541 apply to the development by submitting either an exemption letter from the appropriate agency or a surface mining permit.
2. The developer shall show that the requirements of the Uniform Building Code will be met by submitting a copy of the building code application. If there are any conflicts, the more restrictive requirements shall apply.
3. Reclamation plans shall maximize the safety and revegetation of the reclaimed site and describe the transition of the site to a nonextractive use compatible to City plans.
4. The developer shall show that either:
a. The activity is not within the identified floodway of the Calapooia River by submitting a site map; or
b. The developer has met all the requirements of Chapter 15.05 BMC by submitting a flood hazard development permit or permit application.
5. The developer shall show that:
a. Excessive noise shall not be generated by the extractive process by vehicles associated with the excavation at times local residents are at rest. No processing excavation or vehicular operation shall be permitted between 9:00 p.m. and 7:00 a.m. weekdays.
b. Particulate levels shall not exceed the Department of Environmental Quality standards.
c. Noise levels shall not exceed the Department of Environmental Quality standards.
d. The City shall be compensated if vehicular access on City-maintained streets to and from the site causes excessive or extreme roadway deterioration. The City may require submittal of a performance bond or other suitable financial guarantee.
e. The City and developer shall agree on which roads will be used as an access corridor to and from the property.
f. The site shall be sufficiently secure so that local residents are not endangered.
g. If the development abuts residential or commercial property or there is a residence within 1,000 feet of the development’s property lines, buffering and screening will be provided at the rates in the following table.
|
Size of Parcel or Parcels |
Width of Buffer |
Screen |
|---|---|---|
|
10 acres or greater |
50′ |
not required |
|
between 1 and 10 acres |
25′ |
4-foot-high or greater earth berm, attractive fence or dense hedge.
|
|
less than 1 acre |
|
6-foot-high or greater earth berm, attractive fence or dense hedge. |
[Ord. 504 § 4.010(5), 1980; 1981 Compilation § 8-5:4.010(5).]
15.95.060 Control of the development during operation and after completion.
A. The agreement as specified in BMC 15.95.020 shall continue to control the development during its operation and after operations have ceased. The following shall apply:
1. The City Administrator, when issuing a development permit for the activity, shall note the issuance on the recorded agreement.
2. After the development permit has been issued, the use of the land and all construction, excavation, modification or alteration of the site shall be governed by the approved agreement.
3. After the development permit has been issued, no change shall be made in development contrary to the agreement without approval of an amendment to the agreement except as follows:
a. Minor modifications of less than 10 percent to existing buildings, structures, or equipment, and excavation extensions less than 10 percent and less than one acre, may be authorized by the City Administrator if they are consistent with the purposes and intent of the agreement and do not increase the cubic footage of a building, structure or excavation.
b. Buildings, structures or equipment that are totally or substantially destroyed may be reconstructed or replaced without approval if they are in compliance with the purpose and intent of the agreement and are not larger than the original agreement.
4. An amendment to a completed agreement may be approved if it is appropriate because of changes in conditions that have occurred since the agreement was approved, or because there have been changes in the development policy of the community as reflected by the Comprehensive Plan or related land use regulations.
5. No modification or amendment to an agreement is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures, and improvements within the area of the agreement and all rights to enforce these covenants against any change permitted by this section are expressly reserved. [Ord. 504 § 4.010(6), 1980; 1981 Compilation § 8-5:4.010(6).]