Division III. Overlay District
Chapter 25.60
MINERAL RESOURCE OVERLAY
Sections:
25.60.030 Notice and disclosure required.
25.60.050 Performance standards.
25.60.010 Purpose.
(1) The purposes of these mineral resource overlay regulations are to implement the Growth Management Act, Chapter 36.70A RCW, the Surface Mining Act, Chapter 78.44 RCW and the DuPont comprehensive plan. This chapter regulates development on and adjacent to the mineral resource overlay in order to conserve mineral resources and ensure compatibility between mineral resource lands and adjacent uses.
(2) Additionally, the purpose of this chapter is to assure that the use of lands adjacent to the mineral resource overlay does not interfere with the continued use, in the accustomed manner, of the mineral resource, as required by the State Growth Management Act.
(3) The Growth Management Act encourages local governments to designate natural resource lands of long-term significance and adopt development regulations to assure their conservation.
(4) The Surface Mining Act recognizes that extraction of minerals by surface mining is an essential activity making an important contribution to the economic well-being of the state and nation. It is not possible to extract minerals without producing some environmental impacts. At the same time, comprehensive regulation of mining and thorough reclamation of mined lands are necessary to prevent or mitigate conditions that would be detrimental to the environment and to protect the general welfare, health, safety, and property rights of the citizens of the state. Surface mining takes place in diverse areas where the geologic, topographic, climatic, biologic, and social conditions are significantly different, and reclamation specifications must vary accordingly. A balance between appropriate environmental regulations and the production and conservation of minerals is in the best interests of the citizens of the state. The DuPont comprehensive plan contains policies regarding mineral extraction as a resource land within DuPont and establishes a mineral resource extraction overlay area within Sequalitchew Village in which mineral extraction is allowed.
(5) To accomplish these purposes the city of DuPont hereby:
(a) Identifies resource lands of long-term significance and provides for their ongoing economic benefit;
(b) Protects said sites from conflicting uses while resources are being extracted;
(c) Protects surrounding sites from adverse effects of mineral extraction activities;
(d) Establishes a permit process for the consideration of mineral resource extraction proposals that is not duplicative to any state or federal permit process. (Ord. 17-1017 § 2 (Exh. B); Ord. 02-707 § 1)
25.60.020 Permitted uses.
(1) The following uses are permitted within the mineral resource overlay:
(a) Mineral extraction together with associated structures and equipment;
(b) Compost processing including the receiving and processing of lawn clippings, leaves, branches, limbs, stumps, scrap lumber, and salvaged wood which has not been chemically treated and other acceptable organic materials necessary for conversion into usable products;
(c) A single on-site security or superintendent dwelling for his or her family may be permitted as an accessory use.
(2) Uses that incorporate mineral resources from the mineral resource district in their production or that use by-products of mineral extraction and are not listed as a permitted use may be considered as a conditional use.
(3) All uses not listed above are prohibited within the development area while mineral extraction is being actively pursued. (Ord. 17-1017 § 2 (Exh. B); Ord. 02-707 § 1)
25.60.030 Notice and disclosure required.
The disclosure text set forth in DMC 25.60.040 shall be used under the following circumstances and in the following manners:
(1) Development permits, plats and building permits for land within the mineral resource overlay or land adjacent to or within 500 feet of mineral resource overlay shall include or have attached the disclosure text in DMC 25.60.040 on the final development, preliminary and final plat or building permit. The disclosure notice shall apply to the real property upon development, preliminary and final plat or building permit approval, and may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed.
(2) In no case shall liability attach to the city of DuPont for any actions, errors or omissions of any person subject to the requirements of this section. (Ord. 17-1017 § 2 (Exh. B))
25.60.040 Disclosure text.
The following shall constitute the required mineral resource management disclosure:
This real property is on, adjacent to, or within 500 feet of designated mineral resource land, on which a variety of mineral resource and commercial activities could occur that may not be compatible with residential development for certain periods of limited duration. These mineral resource activities include, but are not limited to the screening, sorting, piling, and transportation of rock, sand, stone, gravel, or ore, which activities are lawful if conducted in compliance with the Surface Mining Act, Chapter 78.44 RCW. This disclosure applies to real property upon any development, preliminary and final plat or building permit approval. This disclosure may not be applicable thereafter if the mineral resource overlay designation impacting this property is removed. Nothing in chapter DMC 25.60 shall affect or impair any right to sue for damages.
(Ord. 17-1017 § 2 (Exh. B))
25.60.050 Performance standards.
Potential impacts related to traffic, dust control, light emission, visual screening, loss of tree cover, noise emission and protection of environmentally sensitive areas shall be examined. The city recognizes impacts to other elements of the environment including air and water quality are regulated by the state, regional and federal authorities. (Ord. 17-1017 § 2 (Exh. B); Ord. 02-707 § 1. Formerly 25.60.030)
25.60.060 Site plan approval.
Site plan approval is required for all mineral extraction proposals and shall be processed with a Type III procedure as set forth in DMC 25.175.010. Expansions of existing structures that include less than 20 percent area increase shall be processed with a Type II procedure. All larger expansions shall be processed with a Type III procedure. (Ord. 17-1017 § 2 (Exh. B); Ord. 02-707 § 1. Formerly 25.60.040)