Town Council asks Legislature to permit Town to regulate extraction
The following resolution was passed by the Charlestown Town Council at their October 14th meeting
A RESOLUTION RELATIVE TO THE REGULATION OF EARTH REMOVAL, GRAVEL EXTRACTION AND BLASTING
WHEREAS, the Town Council of the Town of Charlestown has been besieged with complaints from Bradford area and Charlestown residents concerning quarrying, excavation and earth removal operations on property located in the Town of Westerly; and
WHEREAS, at several Town Council meetings these residents explained the undesirable externalities of dust, noise, vibration, truck traffic and other such impacts on their several properties by the quarrying, excavation and earth removal operation; and
WHEREAS, during their consideration of the Bradford residents’ complaints concerning the quarrying, excavation and earth removal operation, the Town Council was made aware that the Town’s Code of Ordinances lacked any meaningful regulation of quarrying, excavation and earth removal operations located in Charlestown; and
WHEREAS, the Town Council directed the administrative staff to draft an ordinance amendment to regulate excavation operations located in the Town; and
WHEREAS, on March 10, 2014, a public hearing was held on the proposed excavation ordinance amendment; and
WHEREAS, at the public hearing on the proposed ordinance amendment many comments were received, but a particular comment asserted that the Town did not have the legal authority to further regulate quarrying, excavation and earth removal operations located in Town under their police power authority, so-called: and
WHEREAS, the proposed ordinance amendment was continued to April 14, 2014 so that the Town’s administrative staff could have time to consider the many comments provided at the public hearing and propose any revisions to the draft ordinance; and
WHEREAS, the administrative staff made revisions to the draft quarrying, excavation and earth removal ordinance amendment and suggested that an amendment to the R.I. General Laws also be pursued to eliminate any questions regarding whether the Town has the legal authority to regulate quarrying, excavation and earth removal operations located in Town; and
WHEREAS, the Town Council, by Resolution, requested the Town Legislative Delegation to the R.I. General Assembly seek legislative authorization to enable the Town to further regulate quarrying, excavation and earth removal operations located in Town under their police power authority; and
WHEREAS, the legislative bill submitted to the General Assembly for consideration was not voted upon in the 2014 legislative session; and
WHEREAS, the Town Council remains desirous that the General Assembly consider a new legislative bill to authorize the Town to further regulate quarrying, excavation and earth removal operations located in Town.
NOW, THEREFORE, BE IT RESOLVED that we, the Town Council of the Town of Charlestown, Rhode Island, respectfully request that the General Assembly to specifically authorize the Town Council of the Town of Charlestown to further regulate quarrying, excavation and earth removal operations located in the Town; and
BE IT FURTHER RESOLVED that the Town Clerk is hereby instructed to submit a copy of this resolution to the Town of Charlestown’s State Senator and State Representative in the Rhode Island General Assembly in consideration of their support to submit and act to pass this amendment to the General Laws.