Town Council Resolution On Regulation Of Earth Removal, Gravel Extraction And Blasting
Charlestown Town Councilor Bonnie Van Slyke introduced the following resolution at the February 28 Town Council meeting. The resolution received the full support of the other Council members and was sent to Charlestown’s State Senators and State Representative asking that they submit and act to pass this amendment to the General Laws.
Corrective Resolution Relative To The Regulation Of Earth Removal, Gravel Extraction And Blasting
WHEREAS, the Town Council of the Town of Charlestown (the “Town”) has heard innumerable complaints from residents living in wide-spread locations throughout Town concerning commercial quarrying, extraction and earth and gravel removal (“Extraction”) operations at five pre-existing nonconforming Extraction operations operating in Town; and
WHEREAS, these residents have explained the undesirable externalities of dust, noise, vibration, truck traffic and other such impacts on their several properties by Extraction operations; and
WHEREAS, there are two additional pre-existing nonconforming Extraction operations that could resume more extensive operations at any time; and
WHEREAS, in 2013, during their consideration of residents’ complaints, the Town Council was made aware that the Town’s Code of Ordinances lacked any regulation of the undesirable externalities of dust, noise, vibration, truck traffic and other such impacts on properties in Town by Extraction operations; and
WHEREAS, the Town Council directed the administrative staff to draft an ordinance amendment to regulate the undesirable externalities of dust, noise, vibration, truck traffic and other such impacts on properties in Town by Extraction operations; and
WHEREAS, in 2014 a public hearing was held on the proposed ordinance amendment; and
WHEREAS, at the public hearing on the proposed ordinance amendment many comments were received, but several objectors asserted that the Town did not have the legal authority to regulate the undesirable externalities of dust, noise, vibration, truck traffic and other such impacts on properties in Town under its police power authority, so-called; and
WHEREAS, the Town’s administrative staff suggested that an amendment to the RI General Laws be pursued to eliminate any questions regarding whether the Town has the legal authority to regulate the undesirable externalities of dust, noise, vibration, truck traffic and other such impacts on properties in Town; and
WHEREAS, the Town Council, by Resolution, requested the Town Legislative Delegation to the RI General Assembly seek legislative authorization to enable the Town to regulate undesirable externalities of dust, noise, vibration, truck traffic and other such impacts on their several properties by Extraction 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, a RI General Law enacted in 2015 regarding fugitive dust does give the Director of RI Department of Environmental Management the power to require the watering of stockpiles of unwashed sand, it does not protect neighboring properties from blasting dust or allow the regulation of vibration, truck traffic and other such impacts on properties in Town; and
WHEREAS, the legislative bill submitted to the General Assembly for consideration was not voted upon in the 2016 legislative session; and
WHEREAS, the Town Council remains desirous that the General Assembly consider a new legislative bill to authorize the Town to regulate the undesirable externalities of dust, noise, vibration, truck traffic and other such impacts on properties in Town by Extraction operations;
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Charlestown hereby respectfully requests the General Assembly to enact amendments to the RI General Laws to allow the Town of Charlestown to regulate the undesirable externalities of dust, noise, vibration, truck traffic and other such impacts on properties in Town by Extraction operations; 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 Senators and State Representatives in the General Assembly in consideration of their support to submit and act to pass these amendments to the RI General Laws.
The RESOLUTION shall take effect on February 28, 2022.
You can learn more about Bonnie at her profile page.
March 7, 2022 @ 6:33 pm
One question. When is a land use, say extraction, considered abandoned under the Charlestown zoning regulations? If a piece of land, originally permitted for, say sand and gravel extraction, is “abandoned and not reclaimed under another use, wouldn’t the land owner be required to get a new permit? I know it was a non-conforming land use originally, but doesn’t the property become abandoned when no work has taken place for a number of years? Shouldn’t that require new permitting?
March 8, 2022 @ 4:30 pm
Hi Mike. If an extraction use were abandoned, it could not be established in Charlestown. That said, abandonment of a nonconforming use is governed by state law and involves intent. Section 45-24-39 states, “Abandonment of a nonconforming use consists of some overt act, or failure to act, which leads one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use.” There’s more in Section 45-24-39, but that’s the general gist.