All uses in the RP, Resource Production district are on notice that earth removal, quarrying, gravel processing, and mining, as regulated in this chapter, may be permitted anywhere within this district with a conditional use permit. Specific performance standards for earth removal, quarrying, gravel processing, and mining operations are as follows:
   (A)   Maximum depth of excavation shall not be below existing groundwater table.
   (B)   Where necessary the Commission may require the applicant to construct or improve a road to accommodate the truck travel necessitated by the operations as a condition to such operations, and for the purpose of routing traffic around residential areas and preventing the deterioration of existing roads which are not "all weather" roads. All access roads shall be considered part of the mining operation.
   (C)   Setbacks.
      (1)   All mining operations shall be a minimum of 90 feet from any public right-of-way, not including ingress and egress roads.
      (2)   All mining operations shall be a minimum of 550 feet from any lake, stream or wetland.
      (3)   All mining operations and all ingress and egress roads shall be a minimum of 90 feet from any other property line.
      (4)   All mining operations shall be a minimum of 500 feet from any church or public park.
      (5)   All mining operations shall be a minimum of 1,000 feet from any school, hospital or nursing home.
      (6)   All mining operations and all ingress and egress roads shall be a minimum of 300 feet from an existing house on an adjacent property.
      (7)   All ingress and egress roads shall be by the most direct route to a public right-of-way.
      (8)   All ingress and egress roads will require a legal driveway permit.
   (D)   Any on-site permanent processing plant shall not be located closer than 300 feet from any property line and adjoining public rights-of-way and shall, where practicable, be located at a lower level than the surrounding terrain to lessen visual and noise impacts.
   (E)   (1)   Sight barriers shall be provided along all boundaries of the site where quarrying, gravel processing and mining is proposed which lack natural screening conditions through existing vegetative growth. The following minimum standards shall apply:
      (2)   A continuous screen at least six feet in height is required to provide maximum screening of the site.
         (a)   This landscape buffer may consist of earthen berms, and/or living materials.
         (b)   Berms shall be constructed with slopes not to exceed a 1:3 gradient with side slopes designed and planted to prevent erosion, and with a rounded surface being a minimum of two feet in width at the highest point of the berm, and extending the length of the berm. Berm slopes shall be protected with sod, seed, shrubs or other forms of natural ground cover.
   (F)   Nuisance abatement.
      (1)   All equipment shall be maintained and operated in such a manner so as to eliminate, as far as practicable, excessive noise and vibrations which are not necessary in the operation of such equipment.
      (2)   Air pollution in the form of dust and dirt shall be kept to a minimum by the use of equipment and methods of operation designed to avoid any excessive dust or dirt or other air pollution. Interior roads used in the operation shall have their surfaces treated to minimize any such nuisance.
      (3)   A noise barrier shall be provided along all boundaries of the site where quarrying, gravel processing and mining is proposed, which lack sufficient existing vegetation to meet the minimum standards, as follows:
         (a)   There shall be six rows of mixed evergreen trees of species recommended by the District Forester, staggered six feet apart and no less than three years of age planted parallel to the boundaries of the property.
         (b)   The spacing between rows shall not exceed six feet.
         (c)   The spacing between trees within a row shall not exceed six feet.
         (d)   The Planning Commission may allow the preservation of existing trees within the setback areas to qualify toward satisfying division (a) above.
         (e)   A "Performance Guarantee" concerning the trees will be required.
         (f)   The screening shall be maintained in a healthy condition, free from refuse and debris. All unhealthy or dead material shall be replaced within one year of damage or death, or at the next appropriate planting period, whichever comes first.
   (G)   Reclamation of mined or excavated areas.
      (1)   Earth removal, quarrying, gravel processing and mining, shall be considered temporary uses. Mined or excavated sites shall be reclaimed properly and in a timely fashion.
      (2)   A "Performance Guarantee" shall be posted by the land owner with the Breitung Township Board to cover the estimated costs of reclamation. This "Performance Guarantee" shall be received by the Township Clerk within 30 days of the approved site plan. "Performance Guarantee" as used herein shall mean a cash deposit, certified check, or irrevocable bank letter of credit, acceptable to the township, in the amount of the estimated cost of reclamation. It shall be subject to review and adjustment by the Commission at the end of 12 months, and thereafter at two year intervals.
      (3)   Reclamation shall be completed as agreed upon by the Commission and applicant in an approved development site plan.
      (4)   Inactivity at a site for a continuous 12 month period shall constitute termination of mining activity and require that site reclamation commence and be completed.
      (5)   Upon the failure of any operator to perform reclamation of the mining site in a proper and timely manner as agreed to in the approved site plan the "Performance Guarantee" will be forfeited. The Breitung Township Board shall use the funds to cover the cost of restoring the site and administrative cost incurred in so doing. Any cost in addition of those covered by the "Performance Guarantee" shall be billed to the operator and a lien placed against the subject property. If unpaid, the cost shall be collected in the same manner as delinquent taxes or as allowed by law.
      (6)   Standards controlling reclamation.
         (a)   Excavated areas shall not collect stagnant water.
         (b)   Surface of such area which is not intended to be permanently submerged shall be graded or back-filled with non-toxic, non-flammable and non-combustible solids as necessary to produce a surface that will minimize wind and water erosion, and which will be generally compatible with the adjoining land area.
         (c)   The banks of all excavation shall be sloped to the waterline in a water producing excavation and to the pit floor in a dry operation at a slope which shall not be steeper than one foot vertical to three feet horizontal.
         (d)   Vegetation shall be restored within one year by the appropriate planting of indigenous grasses, trees, or shrubs to establish a permanent vegetative cover on the land surface and to minimize erosion.
         (e)   Maintenance.
            1.   Slopes and surfaces shall be maintained as agreed in the development site plan.
            2.   Erosion areas shall be filled and the surface restored.
            3.   All unhealthy or dead material shall be replaced within one year of damage or death, or at the next appropriate planting period, whichever comes first.
         (f)   Reclamation plans shall follow the standards detailed for the most appropriate uses(s) allowed by this chapter.
         (g)   Future uses shall conform with uses indicated in the township Master Plan or as approved in the development site plan.
   (H)   Additional requirements for earth removal, quarrying, gravel processing or mining.
      (1)   On the development site plan:
         (a)   North point, scale and date;
         (b)   Extent of the area to be excavated;
         (c)   Location, width and grade of all easements or rights-of-way on or abutting the property;
         (d)   Location of all existing and proposed structures on the property;
         (e)   Site drainage features and flow directions indicated;
         (f)   Bench marks;
         (g)   Location of any bodies of water and wetlands on the proposed site or within 1,500 feet;
         (h)   Areas to be used for ponding;
         (i)   Depth to groundwater;
         (j)   Processing, loading and storage areas;
         (k)   Proposed fencing, gates, parking and signs;
         (l)   Existing and proposed ingress-egress roads, on-site roads and proposed surface treatment and means to limit dust; and
         (m)   Setback lines for all activities of the site.
      (2)   An operational statement, which shall include at a minimum:
         (a)   The approximate date of commencement of the excavation and the duration of the operation;
         (b)   Amount and type of material or resources to be removed;
         (c)   Method of extracting and processing, including the disposition of overburden;
         (d)   Equipment proposed to be used in the operation of the excavation;
         (e)   Location and type of processing plants, temporary and permanent;
         (f)   Proposed hours and days of operation;
         (g)   Operating practices proposed to be used to minimize noise, dust, air contaminants and vibrations;
         (h)   Amount and source of water to be utilized in processing; and
         (i)   Methods to prevent:
            1.   Pollution of surface water or groundwater;
            2.   Adverse effects on the quantity and quality of surface water and groundwater runoff from the property; and
            3.   Adverse effects on wetlands both on and near the property.
      (3)   A rehabilitation or reclamation plan that shall include as a minimum:
         (a)   A reclamation statement and plan, including identification of post-mining land use, methods of accomplishment, phasing and timing;
         (b)   A plan indicating any proposed structures to be built on the site, the final grade, i.e., post-mining topography of the excavation, any water bodies included in the reclamation, and methods planned to prevent stagnation and pollution, landscaping and areas of cut and fill;
         (c)   The methods of disposing of any equipment or structures used in the operation of excavation upon completion of the excavation.
(Ord. § 732, passed 11-9-2015)