Sec. 17-14. - Violations and penalties.
Sec. 17-17. - Mineral resource protection.
Sec. 17-14. - Violations and penalties.
If the community development director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this article, the applicable conditional use permit, any required permit and/or the reclamation plan, the County of Kings shall follow the procedures set forth in Public Resources Code sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of the Kings County Zoning Ordinance for revocation and/or abandonment of a conditional use permit which are not preempted by SMARA.
(Ord. No. 585, § 2, 4-11-00; Ord. No. 585.1, § 9, 7-28-09)
Any person aggrieved by an act or determination of the planning division in the exercise of the authority granted herein, shall have the right to appeal to the planning commission or the board of supervisors, whichever is the next higher authority in the same manner as provided for in Article 19 of the Kings County Zoning Ordinance. An appeal shall be filed on forms provided by the planning division, within 15 calendar days after the rendition, in writing, of the appealed decision.
(Ord. No. 585, § 2, 4-11-00; Ord. No. 585.1, § 10, 7-28-09)
The County of Kings shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state statutes and regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the County of Kings, at the time of filing of the conditional use permit application, reclamation plan application, and at such other times as are determined by the County of Kings to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator.
(Ord. No. 585, § 2, 4-11-00)
Sec. 17-17. - Mineral resource protection.
Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the state department of conservation's division of mines and geology or designated by the state mining and geology board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the Kings County General Plan.
In accordance with Section 2762, the Kings County General Plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within 12 months of receipt of such information from the state mining and geology board. Land use decisions within the County of Kings will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts.
(Ord. No. 585, § 2, 4-11-00)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.
(Ord. No. 585, § 2, 4-11-00)