TOWN of WASHINGTON, MAINE MINING ORDINANCE
ARTICLE IV - AUTHORITY, APPLICABILITY & ADMINISTRATION

  1. Authority
    This Ordinance is enacted pursuant to Home Rule Powers as provided for in Article VIII-A of the Constitution of the State of Maine and under the authority granted to the Town by the statutes of the State of Maine, Title 30-A M.R.S.A., Section 3001.
  2. Administration
    The provisions of this Ordinance shall be administered by the Town of Washington Planning Board and enforced by the Town of Washington Code Enforcement Officer (CEO).
  3. Effective Date
    This Ordinance shall be effective upon its adoption by vote of the eligible voters of the Town of Washington, Maine in Town Meeting.
    1. Upon adoption, this ordinance shall supersede the Planning Board's Mineral Extraction Regulations.
  4. Permit Required
    1. The provisions of this Ordinance shall apply to all mineral extraction activities within the boundaries of the Town of Washington, Maine, except as provided in Article II of this Ordinance. This applies to all extraction activities described in Article I which are
      1. a resumption of extraction activities in inactive operations, or on parcels of land on which inactive operations are located, or on parcels of land that are under a common scheme of development with parcels of land on which inactive operations are located;
      2. active and unpermitted by the Town;
      3. new or proposed; and
      4. expansions of the above, and mineral extraction activities previously permitted by the town, except as provided in Article II of this Ordinance.
    2. Conditional use permits under the Land Use Ordinance, if applicable, must be obtained prior to making application under this ordinance.
    3. Any application submitted to the Planning Board, for any portion of the affected area, shall be classified for size, and treated as if it included all the previously exempt unreclaimed inactive area.
      [NOTE: It is intended that the Planning Board use discretion on reclamation of old pits if they have been reclaimed by natural processes and applying reclamation standards would destablize an area.]
    4. Active mineral extraction without a permit issued by the Town is subject to the entire ordinance, requiring a permit; and shall be classified for size, and treated as if it included all affected areas, including contiguous land under common scheme of development with mineral extraction activity, and inactive land.
    5. The owner or operator of any mineral extraction activity operating without a valid Town mineral extraction permit shall within 90 days from the effective date of this ordinance submit an application pursuant to this ordinance.
      1. Any operation that was in active and legal existence as of the adoption of the Washington Land Use Ordinance in April 1988 and subsequently recognized as not requiring a permit under said ordinance and that has not undergone any expansion in area since said date may apply to the Washington Planning Board for a Certificate of Legal Operation that shall document the operation's footprint of up to 5 acres and its operations and shall require annual compliance inspection. Said Certificate shall be the permit for said operation. Said permit is not transferable as defined in Article V, Section 5 (H) with the exception of the transfer of the permit to a member of the immediate family.
      2. All other unpermitted operations shall apply as required in this ordinance.
    6. Any owner or operator of an active operation that has not applied for a permit within 90 days from the effective date of this ordinance or received an extension for good cause from the Planning Board shall be in violation of this ordinance.
  5. Permit To Be Recorded
    No permit shall take effect or be valid unless it is recorded in the Knox County Registry of Deeds together with the site plan, the reclamation plan and all other plans such as but not limited to the spill containment plan or blasting plan, and the survey, if required, within 90 days of the granting of said permit at the expense of and by the applicant.
  6. Types of Mineral Extraction Activities Prohibited
    Any proposed mineral extraction activity not specifically described in this ordinance shall be prohibited.
  7. Accessory Uses Not Included
    It is the intent of this ordinance that a permit granted hereunder does not imply permission to undertake any accessory or non-extraction uses.

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