(A) Resource extraction approval is a three-step process that includes:
(1) Request preliminary special exception approval from the Board of Zoning Appeals (BZA);
(2) Obtain mine operation permits from the state which will be sought after preliminary approval granted by the BZA; and
(3) Upon approval from the state, the applicant must return to the BZA for final special exception approval with all of the detailed studies and permits submitted to the town in a timely manner so they may be made available to the public prior to the final BZA meeting.
(B) Preliminary approval from the BZA requires the submission of a site plan on a current aerial showing:
(1) The location of the proposed mining activity;
(2) The size of the mine;
(3) Adjacent land uses and owners;
(4) Distance to all nearby homes and businesses (shown on an aerial);
(5) Long range/master plan for the property;
(6) Determination of how much dirt will be removed and a determination of how many truck trips will be required for that amount of dirt. Estimate of average number of trucks per day;
(7) The hours and days of the week mine will operate (weekend operation not permitted);
(8) Dewatering pump location and hours of operation;
(9) Proposed buffer areas;
(10) Location of all site lighting;
(11) Third party audit (as approved by the town) of the amount of resource removal;
(12) Third party audit (as approved by the town) of daily trips; and
(13) Traffic study.
(C) Final approval requires a site plan that includes all wetlands on the subject property, trees 18 inches and greater DBH in the area to be disturbed and all of the detailed studies and permits submitted to the town in a timely manner so they may be made available to the public prior to the final BZA meeting. Final approval also requires bonds for road repairs. During the life of the mining operation, audits as described above are required. Zoning and planning required before work begins.
(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007; Ord. 2019-04, passed 5-2-2019)