A. Regulations for permits distinguish between seven classifications as specified below in Section 402.11.5 (Classification). In addition to standards required for the respective classification, all operations shall comply with the standards in Permit Requirements in this Article (Section 402.11.4).

B. For all classifications that require a Town permit, the owner or operator shall pay a fee to the Town of Gray as set forth in the Schedule of Fees adopted by the Town Council upon filing an application for an excavation under this Ordinance.

C. For classifications that do not require a Town permit, the standards established in this Ordinance, including Administrative Requirements (Section 402.11.8) and Excavation Regulations (Section 402.11.7) in this Article are applicable unless specifically exempted.

D. The reviewing authority’s scope of review is limited to the permit requirements for the respective classifications. The applicant shall be responsible for ensuring that necessary provisions have been established to meet and maintain Excavation Regulations specified in Excavation Regulations (Section 402.11.7) and Administrative Requirements (Section 402.11.8) of this Article including but not limited to reclamation standards, an acceptable form of surety for reclamation when applicable,
expansions of non-conforming uses, inspections, annual reports, and change in owner/operator.

E. Renewal of an excavation 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.

Requirements for Classifications
 

In addition to Permit Requirements specified in 402.11.4 above, the following standards are applicable for the respective type of classification:
 

A. New Class A excavations

1. Any proposed new Class A excavation 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 proposed new Class A excavation that crosses municipal boundaries, this requirement for a permit applies only to that portion that lies within the Town of Gray.

2. The applicant is required to file a notice of intent to comply with the Maine Department of Environmental Protection and to file an application for a new excavation permit with the Town of Gray.

3. Planning Board approval is required before a permit is issued by the Town of Gray. A public hearing shall be held by the Planning Board within thirty (30) days of the date that the Code Enforcement Officer determines that an application is complete.

4. An application for a proposed new Class A excavation permit shall be submitted to the Code Enforcement Officer. The following information shall be included with the application for a new permit: see 402.11.6.4(a) for a list of application requirements.

5. When the Code Enforcement Officer has verified that the application is complete, the Code Enforcement Officer shall notify the Planning Board that an application for a new Class A excavation has been received and that the Planning Board is required to hold a Public hearing within thirty (30) days.

6. No permit shall be issued for any new Class A excavation until the abutting property owners have been notified as specified in this Section.

a. Within seven (7) days of the receipt of an application for a new excavation permit, the Code Enforcement Officer, or designee, shall notify in writing by First Class Mail all owners of abutting property that an application for an excavation permit has been received.

b. For purposes of this section, abutting property owners shall be owners of property within five hundred (500) feet of the nearest boundary of the property which includes the proposed excavation.

c. For purposes of this section, the owners of abutting property shall be considered to be the parties listed by the tax assessor for the Town of Gray as those against whom taxes are assessed.

d. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action of the Planning Board.

e. The letter notifying the abutting property owners shall state that an application has been received, where/how to view additional information, the specifics of the next step in the Town’s review of the application (date, place, time), and the options available to ask questions, raise concerns, and provide input to the Town’s review process.

7. The Planning Board shall have jurisdiction over the following matters that may have effects outside of the perimeter of the property and shall determine that adverse impacts to the public are minimized:

a. Provisions to deal with any noise, dust, runoff, or other environmental considerations that may affect the public.

b. 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.

c. Appropriate security provisions which might include warning signs, fencing, and lighting.

d. Safe entrances and exits in accordance with the provisions of the Traffic Access and Parking section of Site Development Standards for Site Plan Review of this Ordinance.

e. Appropriate buffer strips in accordance with the requirements of the Excavation Regulations of this Ordinance.

f. Proximity of proposed material storage sites to abutters.

B. Expansion of a Class A excavation beyond the permitted excavation area and within the perimeter of the property which includes the proposed expansion without any change in access.
 

1. The applicant is required to file the appropriate documents with the Maine Department of Environmental Protection and to supply two (2) complete copies of those documents to the Code Enforcement Officer of the Town of Gray.

C. Expansion of a Class A excavation beyond the permitted excavation area and within the perimeter of the property which includes the proposed expansion, with a proposed change in access. See 402.11.6C for detailed information.
 

D. Expansion of a Class A excavation beyond the permitted excavation area and beyond the perimeter of the property which includes the existing excavation without any change in access. See 402.11.6(D) for detailed information.

E. Expansion of a Class A excavation beyond the permitted excavation area and beyond the perimeter of the property which includes the existing excavation and which also includes a change in access. See 402-11.6(E) for detailed information.

F. New Class B Excavations and Expansion of a Class B Excavation. See 402.11.6(F) for detailed information.

G. Expansion of a Class B excavation that will have a proposed total working excavation area of five (5) acres or more will be subject to the requirements for expansion of Class A excavations.

Administrative Requirements
 

A. Inspections

1. 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 the Excavation Regulations of this Ordinance.

2. 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 as set forth in the Schedule of Fees adopted by the Town Council.

3. 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. By submitting an application for a permit, or by submitting an Annual Report, the applicant for excavation 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. See 402.11.8(A)(3)(a) for more information.

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.

B. Annual Report required

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 15 of each year on a form specified by the Town of Gray. The report shall include the following information: see 402.11.8(B) for a list of application requirements.

 

C. Change of Owner or Operator. See 402.11.8 C for detailed information.

Enforcement

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. If the Gray Code Enforcement Officer (CEO) becomes aware of an apparent violation of a Maine
Department of Environmental Protection (Maine DEP) regulation(s), the CEO shall ensure that the Town’s file contains sufficient documentation and shall notify the appropriate person(s) at Maine DEP. In the event that the CEO determines that Maine DEP’s response is unreasonable, such as untimely action(s) or not sufficiently thorough, the CEO shall have the authority, but not the obligation, to enforce Maine DEP regulations regarding excavation operations and associated adverse impacts.
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.

See Article 11 for more detailed information.