Seven months after considering a new ordinance to regulate existing gravel pits, the Tooele County Planning Commission decided to wait at least one more month before sending its draft of the ordinance to the county commission.
After suggesting several revisions to the second draft of the proposed Chapter 30 of the Tooele County Land Use Ordinance, the planning commission voted Wednesday night to wait until its Oct. 17 meeting to decide if its members are ready to send the ordinance on to the county commission for action.
“We’ve suggested a lot of changes tonight,” said John Wright, planning commission member. “I want to see a clean copy before we vote on it. I want to make sure it is as close to perfect as possible before we pass it on.”
Among the revisions suggested were the addition of a 10-day public comment period, reconsidering or rewording the minimum distance from residential neighborhoods before restrictions on hours of operation are inapplicable, and the elimination of Veteran’s Day and Pioneer Day from the list of holidays when gravel pits are not allowed to operate.
Last February the planning commission first tackled the writing of a new ordinance to regulate existing mining, quarry, sand and gravel extraction operations in the county with a draft prepared by Jody Burnett, the outside legal counsel hired by the county for his expertise in land use regulations pertaining to gravel operations. He is with the Salt Lake City-based firm of Snow Christensen & Martineau.
The county’s current land use ordinance addresses the approval of new gravel operations, but it does not address nonconforming uses or regulation. The new ordinance is only applicable to existing operations, according to Burnett.
“The whole intent is to regulate what is going on,” Burnet said. “First, to find out what operations we have going on out there. Second, to make sure they are complying with the requirements they are supposed to comply with. And third, to monitor that and bring appropriate enforcement proceedings if necessary.”
The proposed addition to the land use ordinances requires all existing excavation operations to comply with the applicable provisions of the ordinance within one year after the ordinance is adopted.
The ordinance defines the procedure for obtaining an excavation permit as well as the steps for modifying or revoking an excavation permit.
It also addresses operating issues such as dust, noise, vibration, smoke, lights, odor, fencing, barriers, washing operations, water run off, impact on roads, load limits, safety requirements, hours and days of operations, hauling routes, and reclamation.
The ordinance does not address, or duplicate, issues already regulated by state or federal agencies, according to Burnett.
An excavation permit will be issued to the applicant after the county’s community development director makes the determination that the application is complete and meets all the requirements of the ordinance.
Any person adversely affected by any final decision made in the issuance of an excavation permit may file for an appeal. The appeal would be heard by a county administrative hearing officer, according to the ordinance.
The hearing would be “de novo,” meaning the hearing officer would not be limited to the records on file concerning the permit, but would be able to consider new evidence as if the decision to grant the permit was being made anew, according to Burnett.
Hearing officers are outside attorneys hired to hear appeals, similar to an administrative law judge, according to Tooele County Attorney Scott Broadhead.
Hearing officers are used by the county and the school district for appeals of administrative decisions, according to Broadhead.
The planning commission will review the draft ordinance at its Oct. 17 meeting. Once the planning commission gives its approval, the ordinance will be sent to the county commission for a public hearing and a final vote on adoption, according to Burnett.