The following standards shall apply to all conditional use permits granted under this subchapter. The Planning Commission may modify these standards or attach additional conditions upon a finding by the Planning Commission that such modifications or additional conditions are necessary to mitigate impacts of natural resource excavation operations, as determined during a conditional use permit review procedure.
(A) Buffer distances.
(1) All extractive operations, roads, machinery, equipment and stockpiles (excluding top soil used for reclamation and screening and rock crushing) shall be kept at least 100 feet horizontal distance from the boundary with any other property owner, except as may be reduced by the Planning Commission, but in no event should the operation be closer than 40 feet to the property line, except as provided in § 156.517(C)(5) of this chapter.
(2) All screening and rock crushing operations shall be conducted at least 400 feet horizontal distance from the boundary of any other property owner (except as may be reduced by the Planning Commission, but in no event shall the operation be closer than 50 feet to the property).
(3) All excavations shall be kept at least 100 feet from a public road, except where the Planning Commission determines the excavations may be moved closer if it will not endanger the users of the road.
(B) Fencing. Areas of excavation with serious or hazardous conditions shall be reasonably fenced, except where in the determination of the Planning Commission other suitable devices may be used.
(C) Grading. All grading, including slope stabilization, shall be done in accordance with the latest reclamation plans, with the concurrence of the City Engineer.
(D) Air quality. All air quality plans and actions shall be monitored and approved by the state’s Division of Air Quality. The permittee shall obtain an air quality approval order from the state’s Division of Air Quality prior to the final approval of a conditional use permit. The air quality permit and application for the permit shall be incorporated by reference into a conditional use permit and shall be on file with the city. The permittee shall establish to the satisfaction of the city, and as certified by the City Engineer, the availability of water sufficient for required dust suppression activities and reclamation. Acceptable opacity on-site shall be established through the conditional use process and in consultation with the state’s Division of Air Quality. All equipment and machinery, on-site and off-site, utilized in the excavation and processing of native natural resources shall be constructed, operated and maintained in such a manner as to minimize on-site dust, smoke and odor, and to minimize off-site drift of dust, smoke and odor. The Planning Commission may impose particular conditions to ensure that fugitive dust suppression utilizes best available control technologies and to establish air quality and fugitive dust monitoring and reporting procedures.
(E) Water quality. The washing of sand and gravel shall be done so as to prevent the discharge of waste water onto any public or private roads or any private property, or into a public or private river, stream, canal or waterway, without the written consent of the owner and/or appropriate local, state or federal jurisdiction. Water from wash plants shall be collected in evaporating ponds and shall not be permitted to drain into waterways.
(F) Storm water. The entire area subject to a conditional use permit shall be graded so that storm water remains on site. The site shall be graded so that as the area is eventually reclaimed, storm drainage is properly managed in a manner reviewed and approved by the City Engineer and Planning Commission. A storm water discharge plan shall be incorporated into the conditional use permit by reference.
(G) Tracking of material onto public streets. Trucks or other equipment which exit the operations approved under a conditional use permit, whether owned and operated by the permittee or others, and whether loaded or unloaded, shall adhere to all laws (state, county or city) requiring that loads be contained within the hauling vehicles. All vehicles exiting the operation site, whether owned or operated by the permittee or others, and whether loaded or unloaded shall be checked for material on the wheels before leaving the pit. Any material outside a truck or other equipment exiting the operations approved under a conditional use permit, whether owned or operated by permittee or others, and whether loaded or unloaded shall be cleaned from the truck or equipment.
(H) Hours and days of operation. Hours and days of operation shall be established through the conditional use process as follows.
(1) The hours for mining operations, crushing and screening, and hauling, except for the maintenance and repair of vehicles and equipment, shall be established during the review of the applicant’s operation plan, but shall not exceed the hours between 6:00 a.m. and 10:00 p.m., Monday through Friday, and Saturday from 7:00 a.m. to 7:00 p.m.
(2) Mining operations, crushing and screening, and hauling, except for the maintenance and repair of vehicles and equipment, are prohibited on Sundays and on the following holidays: New Year’s Day, Memorial Day, Independence Day, Pioneer Day, Labor Day, Thanksgiving Day and Christmas.
(3) The Planning Commission may vary these days and/or hours of operation in specific cases upon a finding that unusual circumstances associated with the particular case warrant such a variance and upon a finding that no existing or anticipated residential use will be unduly impacted by such varied hours and/or days of operation.
(4) During periods of national or unusual emergency, or in instances of unusual contractual obligations or other factors, time and hours of operation may be altered at the discretion of, and following formal approval by, the City Council.
(I) Landscaping. Properties containing uses for which a conditional use permit for natural resource excavation is required shall be landscaped for purposes of screening such uses from public streets and abutting properties, and providing for site reclamation planting. Vegetative materials shall be planted together with necessary top soil as per the schedule approved in the granting of the conditional use permit and shall be maintained in a healthy, growing condition. The reclamation plan shall include a landscaping plan prepared by a licensed landscape architect, and shall include a planting plan and an irrigation plan. Landscaping shall be accomplished and maintained in accordance with the approved Reclamation Plan and the guidelines established in § 156.516 of this chapter.
(J) Lighting. Reflectors, spotlights, floodlights and other light sources may be used to illuminate buildings, landscaping, signs, parking and loading areas; provided, they are equipped with proper lenses or other devices concentrating the illumination upon the building, landscaping, signs, parking and loading areas and preventing any bright, direct illumination upon adjacent property or any public right-of-way. No unshielded lights of any color, reflectors, spotlights, strobe lights or searchlights shall be located in such a manner that they are pointed toward or are directly visible from frequently traveled public rights-of-way or adjacent properties.
(K) Noise.
(1) Natural resource excavation operations shall be performed in such a manner that noise emissions do not exceed the following dBA levels at the boundary of the parcel containing the operation:
Zoning of Adjacent Property | Day Time 6:00 a.m. to 7:00 p.m. | Night Time 7:00 p.m. to 6:00 a.m. (only when night operations are previously approved as specified above) |
Commercially zoned | 60 dB A | 55 dB A |
Industrially zoned | 80 dB A | 75 dB A |
Multiple use zoned | 50 dB A | 40 dB A |
Residentially or agriculturally zoned | 50 dB A | 40 dB A |
(2) Blasting and/or the use of explosives of any kind are strictly and completely prohibited.
(3) Best available control technologies shall be used to minimize noise and vibration from being perceptible on adjacent property.
(4) Strobe lights shall be used instead of backup alarms when it is dark to mitigate noise impacts on the surrounding properties.
(L) Haul roads. All permanent haul roads, and temporary haul roads within 500 feet of public streets, shall be regularly surfaced with asphalt or oil, and all permanent or temporary roadways shall be regularly watered, swept or surfaced with a dust palliative. Any haul road accessing a public street, or a state or federal road or highway, shall be approved by UDOT and the Planning Commission prior to construction.
(M) Traffic.
(1) Trucks or other equipment which exit onto a city street from the operations approved under a conditional use permit, whether owned and operated by the permittee or others, and whether loaded or unloaded, shall travel only on truck routes established by ordinance. The Planning Commission may establish conditions mitigating the impact of traffic on city streets, school zones and pedestrian routes. Such conditions may include, but are not limited to, restrictions on hours of truck traffic, restrictions on vehicle size and restrictions on speed.
(2) A traffic study shall be required as part of a mining operations plan submittal. the traffic study shall address the following issues:
(a) Identify peak volumes;
(b) Identify measures to mitigate traffic impacts during critical school times;
(c) Projected traffic generated by the operation; and
(d) Projected traffic levels on routes traveled by traffic generated by the operation.
(3) Traffic and speed shall be monitored over the first year of operations, and the Planning Commission shall conduct a review of traffic routing following the first year of operation. At that time, the Planning Commission may establish additional conditions related to transportation and any such conditions shall become binding on the permittee, the property owner or owners and any successors.
(N) Related manufacturing operations. The manufacture of concrete building blocks or other similar items, the production or manufacture of lime products, the production of ready-mixed concrete, the production of asphalt mixes and any similar production or manufacturing processes which might be related to an excavation operation shall not be permitted in association with such an operation, except as expressly provided by a conditional use permit under this subchapter.
(O) Monumentation. Monuments or other means of identification shall be placed and maintained around the perimeter of the excavation site so as to enable reasonable identification of the property line separating the excavation property from adjoining land owners.
(Prior Code, § 29.28.110) (Ord. 00-03, passed 1-20-2000)