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Gig Harbor City Zoning Code

17.92 Mineral

Resource Lands

17.92.010 Short title.

This chapter shall be known and may be cited as the “mineral resource lands code” of the city. (Ord. 982 § 1, 2005).

17.92.020 Purpose.

The purpose of this chapter is:

A. To promote the health, safety, and welfare of the citizens of the city;

B. To designate mineral resource lands;

C. To provide notification to future property owners in the vicinity of mineral resource lands of activities that may be incompatible with residential land use; and

D. To comply with the Washington State Growth Management Act. (Ord. 982 § 1, 2005).

17.92.030 Applicability.

The provisions of this chapter shall apply to new residential development on property of which any portion is within 400 feet of the boundary of any parcel designated as a mineral resource land. (Ord. 982 § 1, 2005).

17.92.040 Designation of mineral resource lands.

Mineral resource lands subject to this chapter include the following:

A. Any area presently operating under a valid Washington State Department of Natural Resources (DNR) surface mining permit and a valid land use permit from the county or the city.

B. Any other area shall be classified a mineral resource land when:

1. A surface mining permit is granted by the DNR; and

2. The mining operation is approved by the city for compliance with zoning and the State Environmental Policy Act, Chapter 18.04 GHMC. (Ord. 982 § 1, 2005).

17.92.050 Title notification.

The owner of a site, any portion of which is within 400 feet of the property boundary of a site designated as a mineral resource land, for which an application for development activity is submitted, shall record a title notice with the Pierce County auditor. The notice shall be notarized and shall be recorded prior to approval of any development proposal for the site. Such notification shall be in the form as set forth below:

MINERAL RESOURCE LANDS NOTICE

Parcel Number: _________________

Address: _______________________

Legal Description: _______________

Notice: This parcel lies within or near an area of land designated Mineral Resource Lands by the City of Gig Harbor. A variety of commercial mineral extraction activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of heavy equipment, chemicals, and spraying which may generate dust, smoke, and noise associated with the extraction of mineral resources. The City of Gig Harbor has established mineral resource extraction as a priority use on existing productive mineral resource lands, and residents of adjacent property should be prepared to accept such inconvenience or discomfort from normal, necessary mineral resource extraction operations.

Signature of owner(s)

(NOTARY ACKNOWLEDGEMENT)

(Ord. 982 § 1, 2005).

17.92.060 Plat notification.

The owner of a site, any portion of which is within 400 feet of the property boundary of a site designated as a mineral resource land, on which a short subdivision or subdivision is submitted, shall record a notice on the face of the plat. Such notification shall be in the form as set forth below.

Notice: This property lies within or near an area of land designated Mineral Resource Lands by the City of Gig Harbor. A variety of commercial mineral extraction activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of heavy equipment, chemicals, and spraying which may generate dust, smoke, and noise associated with the extraction of mineral resources. The City of Gig Harbor has established mineral resource extraction as a priority use on existing productive mineral resource lands, and residents of adjacent property should be prepared to accept such inconvenience or discomfort from normal, necessary mineral resource extraction operations.

(Ord. 982 § 1, 2005).