TOWN OF WASHINGTON, MAINE
MINING ORDINANCE

Adopted March 23, 2002 by the Washington Town Meeting
The vote was 172 YES to 119 NO

Prepared by the Town of Washington
Mining Ordinance Committee
George Carlezon, Chair

html by Dave Martucci


Introduction and Synopsis


CONTENTS

ARTICLE I - TITLE & PURPOSE

  1. Title
  2. Purpose

ARTICLE II - ACTIVITIES EXEMPT FROM THIS ORDINANCE

ARTICLE III - DEFINITIONS & REFERENCES

  1. Construction of Language
  2. Relationship to Other Town Ordinances
  3. References to the Town
  4. References to Other Documents
  5. Symbols used in this Ordinance
  6. Definitions

ARTICLE IV - AUTHORITY, APPLICABILITY & ADMINISTRATION

  1. Authority
  2. Administration
  3. Effective Date
  4. Permit Required
  5. Permit To Be Recorded
  6. Types of Mineral Extraction Activities Prohibited
  7. Accessory Uses Not Included

ARTICLE V - MINERAL EXTRACTION APPLICATION REVIEW

  1. Preapplication Meeting
  2. Application
  3. Alternate Submissions
  4. Exemptions from submissions
  5. Application Procedures
  6. Appeals and Variances

ARTICLE VI - MINIMUM DESIGN & PERFORMANCE STANDARDS

  1. General Requirements - All Operations
  2. Performance Standards - All Operations
    1. Erosion, Sedimentation Control & Stormwater Management.
    2. Reclamation Plan
    3. Petroleum Usage
    4. Buffers and Setbacks
    5. Road Design, Circulation and Traffic
    6. Ground Water Impacts
    7. Preservation of Natural and Historic Features
    8. Sanitary Standards
    9. Signs
    10. Noise
    11. Mitigation of Effects on Neighboring Community
  3. Performance Standards - Rock Mining Operations

ARTICLE VII - PERFORMANCE GUARANTEES

  1. Types of Guarantees
  2. Contents of Guarantee
  3. Escrow Account
  4. Performance Bond
  5. Letter of Credit
  6. Phasing of Development
  7. Performance Guarantee Review
  8. Release of guarantee
  9. Default
  10. Improvement Guarantees

ARTICLE VIII - ENFORCEMENT & INSPECTIONS

  1. Annual Compliance Inspection
  2. Reclamation Certification
  3. Violations
  4. Mineral Extraction Plan Amendments After Approval
  5. Enforcement
  6. Penalties

ARTICLE IX - SEVERABILITY & CONFLICT

  1. Severability
  2. Conflict with other Ordinances

ARTICLE X - AMENDMENT OF THIS ORDINANCE

  1. Review of Ordinance
  2. Initiation of Amendment
  3. Adoption of Amendment

ARTICLE XI - OTHER PROVISIONS

  1. Public Access to Information
  2. Adjoining mineral extraction activity under common scheme of development
  3. Right of Entry Onto Land


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