A clay and borrow pit or a sand and gravel operation shall comply with all of the following requirements.
(1) All vehicular access to the site shall be provided from a collector road, an arterial road, a freeway, or a local road that serves only industrially zoned or commercially zoned property between the facility entrance and the first intersecting collector road, arterial road, or freeway in all directions.
(2) The extraction and removal operation may not be noxious, offensive, or otherwise objectionable to surrounding land uses.
(3) All significant archaeological sites shall be identified and preserved under the supervision of the Office of Planning and Zoning.
(4) The active operation shall be surrounded by fencing at least six feet high with gates to limit access to the area.
(5) Space on the site shall be adequate so that trucks using the facility are not stopped or parked on a road right-of-way.
(6) Except in a W3 District, the use of machinery in the excavation area shall be limited to that necessary to extract, screen, wash, and transport materials generated onsite and all material shall be removed from the excavation area to a processing site for any additional processing.
(7) Except in a W3 District, a permanent legible sign approved by the Office of Planning and Zoning measuring at least four feet by eight feet shall be posted and maintained along each public road abutting the property or, if the property does not abut a public road, one or more signs posted in locations that can be seen by the public. The sign or signs shall state that the property has been approved for a clay and borrow pit or sand and gravel operation, the special exception case number, the applicant's name, and the name and telephone number of the operator.
(8) Reclamation activity for a distance of 1,000 feet from undisturbed areas may not increase the site grade above the grade of the adjacent undisturbed areas.
(9) Offsite materials brought to the site of an operation other than for construction of a berm or for reclamation shall be restricted to the processing site.
(10) Except in a W3 District, the hours of operation in an excavation area shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Saturday.
(11) Additional rights-of-way for widening or extension of existing roads shall be dedicated and deeded, as appropriate, if requested by the Department of Public Works or the State Highway Administration.
(12) County inspectors shall be allowed to enter onto the site during normal business hours to ensure compliance with the terms of any special exception and the requirements of this section.
(13) The operation shall be at least 1,000 feet from any dwelling other than a dwelling located on the site of the operation that is otherwise permitted by law, except that the operation is allowed within 1,000 feet of a dwelling if:
(i) the sound level at all lot lines does not exceed an average of 55 dBA and a peak of 65 dBA;
(ii) the operation is totally obscured from the sight of the affected dwelling at the highest normally accessible location of the dwelling to a maximum height of 30 feet above grade but, during the times set forth in subsection (10), the operation shall be obscured to the extent practical;
(iii) berms are used for sight obstruction and noise abatement to the extent feasible and, if not feasible, an acceptable alternative is provided; the berms are constructed with processed fill, consisting of rock and similar irreducible material that does not permit the formation of voids into which overlaying soils may be washed, and topsoil intermittently layered with non-organic soil; at least 12 inches of soil covers all rock or irreducible material that is larger than eight inches; and the berms are stabilized with suitable vegetation;
(iv) the excavation does not exceed a depth of 50 feet below the existing surrounding grade with angle of repose maintained during the excavation and the site is graded or benched to ensure safety at all times;
(v) the excavation and any noise abatement method are located at least 300 feet from the affected dwelling and at least 100 feet from the lot line, but the distance may be reduced if a temporary easement is obtained from the affected property owner and the easement for the permitted time frame is contained in the special exception and approved by the County Office of Law;
(vi) stabilization of the excavation area is accomplished with a cover material capable of supporting long-lived vegetation;
(vii) reclamation is performed simultaneously with the excavation operation and completed within two years after the excavation operation has ceased; and
(viii) work ceases immediately for a violation of this subsection or any conditions imposed by the Administrative Hearing Officer and, if there are three violations in a 12-month period, the portion of the special exception that allows work in the 1,000-foot area shall be rescinded and all reclamation shall be completed within 12 months.
(14) The facility may incorporate a processing site for the stockpiling and processing of material generated onsite and offsite if all of the following requirements are met.
(i) Except in a W3 District, the processing site shall be at least 50 acres; material generated offsite and used for processing with onsite material in any 12-month period may not exceed 45% of the material generated onsite in the same period; material generated offsite may be used only for blending with material generated onsite; the use of machinery shall be limited to that necessary in the production of finished sand and gravel products from materials allowed under this subsection; hours of operation shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Saturday; the time frame for the operation of the processing site may not exceed 25 years; and a crusher or similar reduction equipment is prohibited.
(ii) All stationary equipment and stockpiles shall be located at least 1,000 feet from a dwelling other than an onsite dwelling and at least 300 feet from a road other than an internal road used exclusively for onsite operations.
(iii) Weight scales shall be operational at all processing sites.
(15) A maximum time period for operation of the facility shall be established as part of the special exception approval and may not be renewed.
(16) The site shall be cleared of litter and scattered refuse daily.
(17) There shall be a 50-foot natural buffer between the operation and nontidal wetlands.
(18) A facility located in an RA District shall be located on a road other than a scenic or historic rural road.
(19) Combustion ash, including bottom ash and fly ash, may not be used as fill in reclamation of a clay and borrow pit or a sand and gravel operation.
(Bill No. 4-05; Bill No. 4-06; Bill No. 21-06; Bill No. 64-07)