8-5-3-81: PIT, MINE, OR QUARRY:
A pit, mine, or quarry that meets the standards of subsection C of this section shall be reviewed as a temporary use. Any other pit, mine, or quarry shall be reviewed as a conditional use.
   A.   General Use Standards:
      1.   All operations shall be subject to accepted safety conditions for the type of excavation being performed.
      2.   Asphalt mixing and concrete batching may only be allowed as accessory uses to a pit, mine, or quarry in an industrial or rural district. See standards in section 8-5-3-12 of this chapter.
      3.   Extraction, movement, or stockpiling within the required yards shall be prohibited. The tops and toes of cut and fill slopes shall remain outside the required yards.
      4.   Areas where equipment is stored shall be deemed outdoor storage areas and shall meet the standards of section 8-5-3-78 of this chapter. Such storage areas shall be constructed and maintained to prevent chemicals from discharging into surface or ground waters. Such chemicals shall include, but not be limited to, petroleum products, antifreeze, and lubricants.
      5.   The extraction area shall be watered daily to reduce dust impacts to surrounding properties. Haul roads shall have a durable and dust free surface, and shall be graded to drain all surface water from the haul roads.
      6.   The pit, mine, or quarry shall comply with the regulations of chapter 3, article F of this title, if applicable.
      7.   For any pit, mine, or quarry requiring an administrative or conditional use approval, the director shall notify all property owners within one thousand feet (1,000') of any property boundary of the proposed site and any additional area that may be substantially impacted by the use, as determined by the director.
      8.   In accord with title 5, chapter 2 of this code, the storage and/or disposal of solid waste on the proposed site shall be prohibited.
      9.   Upon reclamation of the final phase, all temporary structures shall be removed from the property, except for property line fences or walls. Any contaminated soils shall be properly recycled or disposed.
   B.   General Design And Reclamation Standards:
      1.   The applicant shall provide documentation (from the appropriate agency) that the proposed pit, mine, or quarry operation and reclamation plan comply with federal and state regulations in regard to air and water quality and site reclamation.
      2.   For a pit, mine, or quarry where the excavation area results in a pond, the following standards shall apply:
         a.   The extraction areas shall be designed to create a meandering edge.
         b.   The applicant shall provide written documentation from Idaho fish and game that the proposed pond is designed to create viable fish and/or wildlife habitat.
         c.   The applicant shall provide documentation from Central District health department that the proposed pond shall not cause septic leach fields on abutting properties to fail.
         d.   For the purposes of this section, a "pond" shall be defined as any pit, mine, or quarry area where the rehabilitation plan results in an area that contains water to within six feet (6') of the surface year round.
      3.   Any riparian vegetation disturbed as part of the operation shall be replaced at a ratio of two to one (2:1). Replacement vegetation shall be native plant materials and shall meet the requirements of table 8-4F-1, "Minimum Plant Size Standards", of this title.
      4.   The applicant or owner shall comply with all requirements of "Best Management Practices For Mining In Idaho", published by the Idaho department of lands.
   C.   Standards For Temporary Use Approval:
      1.   The property has not received previous approval for a pit, mine, or quarry as a temporary use.
      2.   The maximum area of the extraction site shall be six (6) acres.
      3.   The proposed extraction activities shall be completed within five (5) years.
      4.   The pit, mine, or quarry shall meet the standards in subsections A and B of this section.
      5.   Stockpiles shall be a maximum of fifteen feet (15') in height.
      6.   All extraction and hauling activities shall take place between seven o'clock (7:00) A.M. and dusk or six o'clock (6:00) P.M. (whichever is earlier) Monday through Friday.
      7.   Haul roads shall not pass through existing residential neighborhoods. For the purpose of this subsection C, the term "residential neighborhood" shall be any residential subdivision development at a density of one or more units per acre. This standard shall not apply to a pit, mine, or quarry that is located in R1, R1M, R2, R4, R6, R8, R8M, R12, or R20 base district.
      8.   Additional standards for a pit, mine, or quarry located in an R1, R1M, R2, R4, R6, R8, R8M, R12, or R20 base district:
         a.   The maximum extraction area shall be limited to the equivalent of the maximum allowed coverage (see section 8-2B-4 of this title).
         b.   Stockpiles shall be a maximum of six feet (6') in height.
         c.   No rock crushing shall be done on site.
         d.   The proposed extraction activities shall be completed within one year.
   D.   Standards For Conditional Use Approval:
      1.   The pit, mine, or quarry shall meet the standards in subsections A and B of this section.
      2.   The approved site plan shall include adequate parking and loading areas to accommodate the peak number of vehicles. Such areas shall not be within the required yards.
      3.   Rock crushing may be allowed as an accessory use.
      4.   The applicant shall show the extraction and reclamation phasing plan on the master site plan.
      5.   The reclamation plan for each phase shall be implemented as soon as the subject area is depleted of resources 1 or when the allowed time has ended (whichever occurs first).
      6.   The conditional use approval shall consider and/or establish a time frame for the extraction of material. For any proposal where the applicant requests an extraction period greater than five (5) years, the commission shall review the status of the pit, mine, or quarry after 2.5 years and consider amendments or additions to the approval. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001 ; amd. Ord. 902, 10-2-2019)

 

Notes

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1. IC § 47-1511.