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A. Special Use Permit Required: After the effective date hereof, no person, business entity, firm or corporation shall engage in any material extraction and processing operation requiring a special use permit without the owner or operator first obtaining approval of the plan by the office of the state mine inspector and a special use permit from the town of Snowflake as approved by the town council.
B. Procedure And Fee: Within thirty (30) days after the state mine inspector grants an approved reclamation plan pursuant to Arizona Revised Statutes section 27-1273, the owner/operator of gravel and rock operation may apply for a special use permit from the town of Snowflake. The town manager or designee shall review the information in the application, then shall refer the application to the town council for action. The town council shall review the information submitted by the applicant or review the application submitted to the state mine inspector by the applicant and issue the special use permit or deny the special use permit within sixty (60) days from the date of the application. The town council may deny or table the application to request additional information.
If any portion of the proposed mineral extraction and processing operation is located within the 100-year floodplain as defined by the federal emergency management agency ("FEMA"), the applicant shall apply for and obtain a floodplain permit from the town.
The application for a permit shall be filed with the town manager or designee and accompanied by the required application fee. Application fee shall be three hundred fifty dollars ($350.00) or as amended by town council.
Final approval or disapproval of the special use permit shall be made by the town council within ninety (90) days after all information requested is presented by the applicant as required hereinabove.
C. Submission: The application for a permit shall be submitted to the town accompanied by fifteen (15) copies of the application which shall include the following information:
1. The name and current address of the owner of record of the property involved.
2. The name and current address of the individual, business entity, firm or corporation working the site if different from the owner of record.
3. A to scale preliminary plot plan showing the location and boundaries of the site and the name and location of abutting property owners.
4. The preliminary plot plan shall define the existing contours of the land within and extending beyond the above boundaries for one hundred feet (100') at intervals not to exceed ten feet (10') in elevation. The scale used in defining contours shall appear on the preliminary plot plan. The applicant may attach its plan presented to the state mine inspector in lieu of this requirement.
5. The location of all proposed access roads and temporary structures.
6. The proposed provisions for drainage and erosion control.
7. The estimated longevity of the material extraction operation based on the annual removal rate of the last twelve (12) consecutive months prior to the application or other measures as may be appropriate. Applicant shall submit a best estimate of the longevity of the extraction operation.
8. Alternatively, the applicant may submit fifteen (15) copies of the reclamation plan filed by the owner or operator with the office of the state mine inspector pursuant to Arizona Revised Statutes section 27-1252.
9. Submit copies of the reclamation plan and notice of complete plan and proof of the financial assurance plan approved by the state mine inspector pursuant to Arizona Revised Statutes section 27-1291.
10. The reclamation plan approved by the state mine inspector shall be completed in accordance with the standards set out by the state mine inspector pursuant to the aggregate mining unit reclamation plan 1 , with review, added recommendations, and approval of the town council.
11. The town manager or designee shall review all plans, submissions, applications, public notices, remedial orders and shall advise the town council and coordinate enforcement and reclamation actions with the state mine inspector, as often as the town council requires, but not less than an annual basis.
12. Any plans submitted must include applicant's plan for controlling migrating dust in accordance with the applicable air quality ordinances and laws.
D. Approval Of Permits: The town manager or designee shall review the application and recommend approval or disapproval of the application, or require additional information as necessary. The town manager or designee shall submit a complete application after review, to the town council for its review, and for its approval or denial of the application. The town council shall, after the receipt of a complete application, including all of the information requested, and after review of the most recent town manager's report, and any other available data with respect to the material extraction and processing operation including, but not limited to, any application or permit prepared and filed with any county, state or federal agency or department, including, but not limited to, the state mine inspector, grant or deny a permit, upon a finding based on the information presented that the proposed operation:
1. Will comply with applicable laws and regulations pertaining to noise, odor, dust control, flood control, water quality and safety.
2. Will comply with the reclamation plan approved by the office of the state mine inspector.
3. Will not result in unlawful erosion or sedimentation that will damage a neighboring property.
4. Will not result in unlawful water pollution.
If the town council finds the application does not conform to the above requirements or other provisions of this code, it shall deny the application until such time as the application complies with the requirements of this section.
E. Terms Of Permit: No special use permit shall be issued for a period to exceed five (5) years. The special use permit shall be renewed for additional terms not to exceed five (5) years until the resource is fully mined, unless the permittee is in material violation of the terms of the permit or other applicable law or unless mining has ceased for twelve (12) continuous months.
F. General Provisions:
1. Request For Waiver And Modification Of This Chapter:
a. If the town council finds that extraordinary and unnecessary hardships may result from strict compliance with this chapter, or where there are special circumstances of a particular plan, upon review of the request by the town council, they may waive any provision of this chapter provided that such waiver will not have the effect of substantially impairing the purpose of this chapter, a general plan, titles 8, 10, 12, and 13 of this code, or any other portion of this code.
b. In granting any waiver, the town council shall require such conditions as will, in its judgment, substantially secure the health, safety and welfare of the citizens of the town.
G. Enforcement: This chapter shall be administered and enforced by the town manager, or designee (and the police department per criminal sanctions).
1. Inspection: The town manager or designee shall inspect all gravel extraction operations on an annual basis; or in lieu of such inspection, the town manager may rely on the inspection and action taken by the state mine inspector's office. Any action on any violations of this chapter will be reported to the town council at the next regular meeting following the determination of a violation.
2. Right Of Entry: The town manager or designee may, with permission of the owner or operator, enter any site for the purpose of assessing compliance with the provisions of this chapter. In accepting a special use permit under the provisions of this chapter, permission shall be deemed to have been given by the landowners, lessee, or operators for the right of entry by town officials. If the landowner denies entry to the town manager or designee, either may issue a notice of violation of the permit. Denial by the owner of access by the town manager or designee may be cause to suspend the permit for a reasonable time or permanently. The town may elect to rely on the inspection of the state mine inspector in lieu of any inspection by the town, provided the state mine inspector's findings and reports are available to the town.
3. Violations: In all cases of violations of this chapter, the town manager or designee shall notify, in writing, the owner, and if applicable, the lessee or operator, of the material extraction and processing operation and advise of the nature of the violation and the proposed correction of the same if possible. Said notification shall be deemed to have been made when sent to the owner, and if applicable, to the operator or lessee by mailing a certified or registered letter to the address supplied in the permit application.
4. Enforcement Of Ordinance: In case the owner or lessee does not comply within thirty (30) days with the corrective action requested by the town manager or designee, the town manager or designee shall make such complaints to the courts as in their judgment are proper or may institute such actions or proceedings at law or in equity as are proper to restrain, correct, remove or punish such violations. The town may elect to make complaints to the state mine inspector. Court costs and attorney fees expended by the town of Snowflake to enforce this chapter may be assessed against the owner/lessee and/or operator.
5. Fines: Any person, business firm or corporation being the owner or having control or use of material extraction and processing operation who shall violate any of the provisions of this chapter or fails to comply with any of the lawful requirements thereof may be guilty of a misdemeanor and upon conviction be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) per offense. Each day a violation exists shall constitute a separate offense. Violation of any of the standards or provisions of this chapter shall be deemed just cause for revoking the permit after reasonable notice and an opportunity for a hearing before the town magistrate. (Ord. 08-310, 6-24-2008)
1. ARS § 27-1271 et seq.