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HomeMy WebLinkAbout2003Ordinance No .2003 ~ 1 2 '~ 3 4 5 6 7 8 9 10 ZZ L2 13 Z4 15 16 Z7 18 19 2Q 2I 22 23 24 25 2~ AN URGENCY ORDYNANCE AMENDING CHAPTER 13 OF THE BUTTE COUNTY CODE The Board of Supervisors of the County of Butte, State of~ Californi-a, DO ORDAIN; as-- follows : .... _.. ._ ... - Section 1. That §13-104 of Chapter 13 of the Butte County Cade is hereby amended to read as follows: §13-104. Permit and reclamation plan requirement. {a) Axzy person, except as provided in section 2776, California Surface Mining and Reclamation Act of 1975, who proposes to engage in surface mining operations as defined in this article, shall, prior to the commencement of such operations, obtain {1} a permit to mine, and (2) approval of the reclamation plan, in accordance with the provisions set forth in this article and as further provided in article 5, California Surface Mining and Reclamation Act of 1975. A fee in the amount of twenty--five dollars {$25.00) shall be paid to the public works department at the time of filing. For existing operating mines, a reclamation plan shall be filed by May 1, 1978, far planning commission review and approval. The reclamation plan sha11 provide for the reclamation of the area disturbed by surface mining operations in those portions of the site mined after January 1, 1976. A fee in the amount of twenty-five dollars ($25.00) shall be paid to the public works department at the time of filing of the reclamation plan. All applications for a reclamation plan for surface mining or land reclamation projects, shall be made on forms provided by the public works department, and as provided for by section 2772 of the California Surface Mining and Reclamation Act _. 2 . 3 4 5 6 7 S 9 10 1 ~. 12 13 14 15 18 17 18 19 20 21 22 23 24 2S 26 of 1975. (b Na person who has o tame a veste rig t-to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to the pravisions of this article as long as such vested right continues; provided that no substantial change is made in that operation except in accardance with the provisions of this article. A person sha11 be deemed to have such vested rights, if, prior to January I, 1976, he has, in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall nat be deemed liabilities for work or materials. A person who has obtained a vested right to conduct ~~surface mining operations prior to January 1, 1976, sha11 submit to the planning commission by May 1, 1978, a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the County of Butte prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this article sha11 be construed as requiring the filing of a reclamation. plan for, or the reclamation of, mined lands an which surface mining operations were conducted prior to January 1, 1976. 2. 1 2. 3 4 5 6 7 8 9 la lI 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 (c) The state geologist shall be notified of the .filing..of -all permit applications, -.. (d) This article shall be reviewed annually and revised, as necessary, in order to ensure that it is in accordance ~~ ,with the state policy far mined lands reclamation and to encourage the mining industry of Butte County. Section 2. That §13-105 of Chapter 13 of the Butte County Code is hereby amended to read as follows: §13-105. Application; review procedure. The ~~planning commission shall, in the same manner as provided far in section 24-46 of Chapter 24 of this Code, schedule a public hearing within twenty {20) days of the completion of the environmental review procedure and filing of all documents as required by the county public works department. The planning commission, on the basis of evidence submitted at the hearing, may approve the reclamation plan and grant ,the mining permit. The determination of the planning commission shall be final unless a written appeal is filed in the same manner as provided for in section 24-48 of Chapter 24 of this Code. Section 3. That §13--1Ob of Chapter 13 of the Butte- County Code is hereby amended to read as follows: §13-.106, Performance bond or other security device. Upon a finding by the planning commission that a supplemental guarantee for the reclamation of the mined land is necessary and upon the determination by the public works department 3. 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 of the cast of the reclamation of the mined land according to the reclamation plan, a reasonable surety bond, .lien on the property.. or a portion thereof, or other security guarantee conditions upon the faithful performance of the reclamation plan shall be filed with the public works department. Such surety shall be executed in favor of the County of Butte and reviewed and revised, as necessary, biannually. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding two-year period or other reasonable term. Section 4. That §13-110 of Chapter 13 of the Butte County Code is hereby amended to read as follows: §13-110. Amendments. Amendments to an approved reclamation plan may be submitted to the planning commission any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by the planning commission. The planning commission shall set a public hearing in the same manner as is provided for in section 13-105. Section 5. That §13-111 of Chapter 13 of the Butte County Code is hereby amended to read as follows: . §13-1.11. Establishment of mining committee. A mining committee sha11 be established with a ~~ member appointed by each supervisor from the aggregate and mining 4. 1 2 3 4 5 s~ 7 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 2B 28 community of his district, to serve for a two-year term.. The committee wi11-act as an advisory board-to the public-works depart- ment, planning commission and the board of supervisors. All matters pertaining to setting of standards and ordinance modifica- bons regarding surface mining wi11 first be referred to this committee for review and recommendation. Section 6. That §13-112 of Chapter 13 of the Butte County Code is hereby amended to read as follows: §13-112. enforcement. The provisions of this article shall be enforced by the public works director or any authorized member of the public works department. The public works director may suspend the permit 1, 'for a period not to exceed fifteen (l5} days where continuation. of -the violation will adversely affect the public; provided, however, written notification shall have previously been sent to the operator. In the event of a suspension, or should the public works director request disciplinary action, the planning commission shall immediately set a hearing thereon with not less than five (5) days' notice to the operator. The planning commission, after completiozz of the hearing, may suspend or revoke the permit, or modify the permit, or may place the operator on probation should the violation found to exist be of a serious nature, adversely affecting the health and welfare of the residents of the county. . Section 7. That §13-113 of Chapter 13 of the Butte County Gode is hereby amended to read as follows: 5. 1 2 3 4 5 6 8 9 10 ~.I 12 1.3 ~.4 15 16 17 18 1.9 20 2]. 22 23 24 25 26 §13-113. Appeal. .Any person aggrieved_by an act or- determination of _.. public works or the planning commission in the exercise of the authority granted hereixz shall have the right to appeal to the board of supervisors. Any appeal must be filed, on forms provided, within twenty (20) days after the rendition, in writing, of the decision, by the public works. director or the planning commission.. Said appeal shall be conducted in. the same manner as provided for in section 13-105. Section S. This urgency ordinance sha11 take effect immediately upon its passage, and before the expiration of fifteen (15) days after its passage shall be published once with the names of the members of the Board of Supervisors voting for and against the same in the Uroville Mercury a newspaper in general circulation in the County of Butte, State of California. The facts constituting the urgency on which this ordinance is based are: 1. The Board of Zon.in.g Adjustment has been abolished by Butte County Ordinance No. 1997, effective February 21, 1979. 2. The usual 30 day time period for an ordinance to take effect would result in a lapse of time before the Planning Commission assumes the duties and responsibilities of the Board of Zoning Adjustment, causing ,decays and undue hardship to`the ,public in that Rio mining permits could be heard and approved until the ordinance became effective. 6. PASSED AND ADOPTED by the Butte County Board of Supervisors this 13th day of : ~ : ~e{~ruar ~ ~ , 1979, by the. fallowing vote: AYES : Supervisors Dolan, Moseley, Wheeler and Chairman Lemke NOES : None ABSENT : Supervisor Winston NOT VOTTNG : Nonen ROBERT E . LEMKE , Ch(;a_irmal`1n a f the Board of Supervisors 10 11 12 13 14 1~ is 17 18 19 20 21 22 23 24 2v 26 ATTEST: CLARK A. £3ELSON, County Clerk and '~ ex-afficia Clerk of the Board BY~~ 7.