§5B-2A-9. — Securing developable land and infrastructure.
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§5B-2A-9. Securing developable land and infrastructure.
(a) The office shall determine the land and infrastructure needs in the general area of the surface mining operations.
(b) For the purposes of this section, the term "general area" shall mean the county or counties in which the mining operations are being conducted or any adjacent county.
(c) To assist the office the operator shall be required to prepare and submit to the office the information set forth in this subsection as follows:
(1) A map of the area for which a permit under article three, chapter twenty-two of this code is being sought or has been obtained;
(2) The names of the surface and mineral owners of the property to be mined pursuant to the permit; and
(3) A statement of the post-mining land use for all land which may be affected by the mining operations.
(d) In making a determination of the land and infrastructure needs in the general area of the mining operations, the office shall consider at least the following:
(1) The availability of developable land in the general area;
(2) The needs of the general area for developable land;
(3) The availability of infrastructure, including, but not limited to, access roads, water service, wastewater service and other utilities;
(4) The amount of land to be mined and the amount of valley to be filled;
(5) The amount, nature and cost to develop and maintain the community assets identified in section eight of this article; and
(6) The availability of federal, state and local grants and low-interest loans to finance all or a portion of the acquisition and construction of the identified land and infrastructure needs of the general area.
(e) In making a determination of the land and infrastructure needs in the general area of the surface mining operations, the office shall give significant weight to developable land on or near existing or planned multilane highways.
(f) The office may secure developable land and infrastructure for a development office or county through the preparation of a master land use plan for inclusion into a reclamation plan prepared pursuant to the provisions of section ten, article three, chapter twenty-two of this code. No provision of this section may be construed to modify requirements of article three of said chapter. Participation in a master land use plan is voluntary.
(1) State, local, county or regional development or redevelopment authorities may determine land and infrastructure needs within their jurisdictions through the development of a master land use plan which incorporates post-mining land use needs that include industrial uses, commercial uses, agricultural uses, public facility uses or recreational facility uses.
(2) A master land use plan must be reviewed by the office of coalfield community development and approved by the division of environmental protection pursuant to section ten, article three, chapter twenty-two of this code before the master land use plan can be implemented.
(3) The required infrastructure component standards needed to accomplish the designated post-mining land uses identified in subdivision (1) of this subsection shall be developed by the relevant state, local, county or regional development or redevelopment authority. These standards must be in place before the respective state, local, county or regional development or redevelopment authority can accept ownership of property donated pursuant to a master land use plan. Acceptance of ownership of such property by a state, local, county or regional development or redevelopment authority may not occur unless it is determined that: (a) The property use is compatible with adjacent land uses; (b) the use satisfies the relevant development or redevelopment authority's anticipated need and market use; (c) the property has in place necessary infrastructure components needed to achieve the anticipated use; (d) the use is supported by all other appropriate public agencies; (e) the property is eligible for bond release in accordance with section twenty-three, article three, chapter twenty-two of this code; and (f) the use is feasible. Required infrastructure component standards require approval of the relevant county commission or commissions before such standards are accepted. County commission approval may be rendered only after a reasonable public comment period.
(4) The provisions of this subsection shall not take effect until legislative rules are promulgated pursuant to paragraph (C), subdivision (1), subsection (c), section twenty-three, article three, chapter twenty-two of this code governing bond releases which assure sound future maintenance by the local or regional economic development, redevelopment or planning agencies.
(a) The office shall determine the land and infrastructure needs in the general area of the surface mining operations.
(b) For the purposes of this section, the term "general area" shall mean the county or counties in which the mining operations are being conducted or any adjacent county.
(c) To assist the office the operator shall be required to prepare and submit to the office the information set forth in this subsection as follows:
(1) A map of the area for which a permit under article three, chapter twenty-two of this code is being sought or has been obtained;
(2) The names of the surface and mineral owners of the property to be mined pursuant to the permit; and
(3) A statement of the post-mining land use for all land which may be affected by the mining operations.
(d) In making a determination of the land and infrastructure needs in the general area of the mining operations, the office shall consider at least the following:
(1) The availability of developable land in the general area;
(2) The needs of the general area for developable land;
(3) The availability of infrastructure, including, but not limited to, access roads, water service, wastewater service and other utilities;
(4) The amount of land to be mined and the amount of valley to be filled;
(5) The amount, nature and cost to develop and maintain the community assets identified in section eight of this article; and
(6) The availability of federal, state and local grants and low-interest loans to finance all or a portion of the acquisition and construction of the identified land and infrastructure needs of the general area.
(e) In making a determination of the land and infrastructure needs in the general area of the surface mining operations, the office shall give significant weight to developable land on or near existing or planned multilane highways.
(f) The office may secure developable land and infrastructure for a development office or county through the preparation of a master land use plan for inclusion into a reclamation plan prepared pursuant to the provisions of section ten, article three, chapter twenty-two of this code. No provision of this section may be construed to modify requirements of article three of said chapter. Participation in a master land use plan is voluntary.
(1) State, local, county or regional development or redevelopment authorities may determine land and infrastructure needs within their jurisdictions through the development of a master land use plan which incorporates post-mining land use needs that include industrial uses, commercial uses, agricultural uses, public facility uses or recreational facility uses.
(2) A master land use plan must be reviewed by the office of coalfield community development and approved by the division of environmental protection pursuant to section ten, article three, chapter twenty-two of this code before the master land use plan can be implemented.
(3) The required infrastructure component standards needed to accomplish the designated post-mining land uses identified in subdivision (1) of this subsection shall be developed by the relevant state, local, county or regional development or redevelopment authority. These standards must be in place before the respective state, local, county or regional development or redevelopment authority can accept ownership of property donated pursuant to a master land use plan. Acceptance of ownership of such property by a state, local, county or regional development or redevelopment authority may not occur unless it is determined that: (a) The property use is compatible with adjacent land uses; (b) the use satisfies the relevant development or redevelopment authority's anticipated need and market use; (c) the property has in place necessary infrastructure components needed to achieve the anticipated use; (d) the use is supported by all other appropriate public agencies; (e) the property is eligible for bond release in accordance with section twenty-three, article three, chapter twenty-two of this code; and (f) the use is feasible. Required infrastructure component standards require approval of the relevant county commission or commissions before such standards are accepted. County commission approval may be rendered only after a reasonable public comment period.
(4) The provisions of this subsection shall not take effect until legislative rules are promulgated pursuant to paragraph (C), subdivision (1), subsection (c), section twenty-three, article three, chapter twenty-two of this code governing bond releases which assure sound future maintenance by the local or regional economic development, redevelopment or planning agencies.