ARIZONA STATE SENATE
Phoenix, Arizona
sand and gravel operations;
procedures
Purpose
Changes the role and
membership of the sand and gravel operations recommendation committee, and
establishes a citizen review process for new or expanding sand and gravel
operations.
Background
Currently, county ordinances
may not restrict or regulate land use for railroad, mining (including sand and
gravel operations), metallurgical, grazing or general agricultural purposes if
the land tract is five or more commercial acres. However, a county may regulate sand and gravel operations in a
sand and gravel operations zoning district.
This zoning district may only be established by the county board of
supervisors pursuant to the recommendations of a sand and gravel operations
recommendation committee, which is appointed by the board of supervisors and is
made up of an even number of land owners and sand and gravel operators.
To date, Maricopa County is
the only county that has established a sand and gravel operations
recommendation committee (committee).
The Maricopa County committee was appointed in 1989, but disbanded in
1996 without forwarding any recommendations to the county. Under current statute, the board of
supervisors (board) is prohibited from modifying committee recommendations or
establishing a sand and gravel operations zoning district without
recommendations from the committee.
S.B. 1282
changes the membership of the committee, and authorizes the board to establish
sand and gravel operations zoning districts without recommendation from the
committee. This bill also requires the
county to establish a citizen review process for the siting or expansion of sand
and gravel operations.
There is no fiscal impact to
the state general fund relating to the provisions of this bill.
Provisions
1. Requires counties to establish a citizen review process before a sand and gravel operation may be opened or expanded.
2. Requires the citizen review process to include:
a)
Notice
by mailing to adjacent landowners.
b)
Posting
of notice at the site.
c)
Notice
in a newspaper of general circulation in the county.
d)
Opportunity
for written comments by adjacent landowners and others.
e)
A
public hearing.
3. Allows counties to adopt a sand and gravel operations zoning district without recommendation by the sand and gravel operations recommendation committee.
4. Changes the membership of the county sand and gravel operations recommendation committee (committee) to consist of:
a)
Four
sand and gravel operation owners.
b)
Eight
homeowners.
c)
One
member of the county planning and zoning commission.
d)
One
representative of the Arizona Department of Transportation or county
transportation department.
5. Requires the committee to elect a chairman by a majority of the members. Deletes the requirement that the committee chairman alternate between a member who is a property owner and a member who is a sand and gravel operator.
6. Requires a majority vote of a quorum of the members present, rather than a majority of the members of the committee, in order to forward recommendations to the board.
7. Makes technical, clarifying and conforming changes.
8. Provides for a general effective date.
Prepared by Senate Staff
February 18, 2002