§ 153.311 LOADING SPACE; DISTANCE FROM R DISTRICT.

   No space shall be closer than 50 feet to any other lot located in any R-District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted solid board fence not less than six feet in height.

(Ord. 16-79, passed 10- -1979)

EXTRACTION OF MINERALS

§ 153.325 GENERAL REQUIREMENTS.

   Any owner, lessee or other person, firm or corporation having an interest in mineral lands in any district may file with the Commission an application for authorization to mine minerals therefrom; provided, however, that he or she shall comply with all requirements of the district in which said property is located, and with the following additional requirements.

   (A)   Distance from property lines. No quarrying operation shall be carried on or any stock pile placed closer than 50 feet to any property line unless a greater distance is specified by the Commission where such is deemed necessary for the protection of adjacent property; provided that this distance requirement may be reduced to 25 feet by written consent of the owner or owners of the abutting property.

   (B)   Distance from public right-of-way. In the event that the site of the mining or quarrying operations is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than 25 feet to the nearest line of such right-of-way.

   (C)   Fencing. Fencing shall be erected and maintained around the entire site or portions thereof where in the opinion of the Commission such fencing is necessary for the protection of the public safety, and shall be of a type specified by the Commission.

   (D)   Equipment. All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment.

   (E)   Processing. The crushing, washing and refining or other similar processing may be authorized by the Commission as an accessory use; provided, however, that such accessory processing shall not be in conflict with the use regulations or the district in which the operation is located.

(Ord. 16-79, passed 10- -1979) Penalty, see § 153.999

§ 153.326 APPLICANT; FINANCIAL ABILITY.

   In accepting such plan for review, the Commission must be satisfied that the proponents are financially able to carry out the proposed mining operation in accordance with the plans and specifications submitted.

(Ord. 16-79, passed 10- -1979)

§ 153.327 APPLICATION; CONTENTS, PROCEDURE.

   An application for such operation shall set forth the following information:

   (A)   Name of the owner or owners of land from which removal is to be made;

   (B)   Name of applicant making request for such permit;

   (C)   Name of person or corporation conducting the actual removal operation;

   (D)   Location, description and size of the area from which removal is to be made;

   (E)   Location of processing plant used;

   (F)   Type of resources or materials to be removed;

   (G)   Proposed method of removal and whether or not blasting or other use of explosives will be required;

   (H)   Description of equipment to be used; and

   (I)   Method of rehabilitation and reclamation of the mined area.

(Ord. 16-79, passed 10- -1979)

§ 153.328 PUBLIC HEARING.

   Upon receipt of such application, the Commission shall set the matter for a public hearing following the procedures as shown in §§ 153.445 through 153.451.

(Ord. 16-79, passed 10- -1979)

§ 153.329 REHABILITATION.

   To guarantee the restoration, rehabilitation and reclamation of mine-out area, every applicant granted a mining permit as herein provided, shall furnish a performance bond running to the village in an amount of not less than $1,000 and not more than $40,000 as a guarantee that such applicant, in restoring, reclaiming and rehabilitating such land, shall within a reasonable time and to the satisfaction of the Commission meet the following minimum requirements.

   (A)   Surface rehabilitation. All excavation shall be made either to a water producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non- noxious, noninflammable and non-combustible solids, or secure:

      (1)   The excavated area shall not collect and permit to remain therein stagnant water; or

      (2)   The surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof, so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.

   (B)   Vegetation. Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of said mining area where such area is not to be submerged under water as herein above provided.

   (C)   Banks of excavations not backfilled. The banks of all excavations not backfilled shall be sloped to the waterline at a slope not less than three feet horizontal to one foot vertical and said bank shall be seeded.

(Ord. 16-79, passed 10- -1979)