Because the commercial removal of soil, sand, gravel, stone and other earth materials is likely to involve substantial amounts of nuisance (primarily noise and dust, with resulting air pollution) and large amounts of trucking and in some (but not necessarily all) cases the land is spoiled for any subsequent use with resulting loss of taxable revenues, the use may be permitted only in the I Industrial or A/R Agricultural/Residential Districts, subject to the following special land use approval requirements.
(A) There shall be not more than one entranceway from a public road to the lot for each 500 feet of street frontage.
(B) The removal, processing, transportation and activities relating to storage such as stockpiling shall not take place before 7:00 a.m. or after sunset.
(C) No digging or excavating shall take place closer than 100 feet to any lot line or public right-of-way.
(D) All roads, driveways, parking lots and loading and unloading areas within 100 feet of any lot line shall be paved, watered or chemically treated so as to limit on adjoining lots and public roads the nuisance caused by wind-borne dust.
(E) Any odors, smoke, fumes or dust generated on the lot by any digging, excavating, processing, stockpiling or transportation operation and borne or able to be borne by the wind shall be confined within the lines of the lots as much as is possible so as not to cause a nuisance or hazard on any adjoining lot or public road.
(F) The removal processing or storage shall not be conducted as to cause the pollution by any material of any surface or subsurface, watercourse or water body outside the lines of the lot on which the use shall be located.
(G) The removal processing or storage shall not be conducted as to cause or threaten to cause the erosion by water of any land outside of the lot or of any land on the lot so that earth materials are carried outside of the lines of the lot, that the removal shall not be conducted as to alter the drainage pattern of surface or subsurface waters on adjacent property, and that in the event that the removal, processing or storage shall cease to be conducted it shall be the continuing responsibility of the owner or operator thereof to assure that no erosion or alteration of drainage patterns, as specified in this division (G), shall take place after the date of the cessation of operation.
(H) All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential zoning district.
(I) If a commercial removal of soil, sand, gravel, stone or other earth materials by reasons of its depth or other conditions constitutes or is reasonably likely to constitute a danger to public health, safety or welfare, then a fence shall be erected around it. The fence shall be six feet in height, shall be adequate to prevent trespass, and shall be placed no closer than 50 feet to the edge of any slope.
(J) All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural.
(K) The operator shall file with the Planning Commission a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of not greater interval than five feet, steps which shall be taken to conserve topsoil, proposed and final landscaping, and the location of future roads, drives, drainage courses and/or other improvements contemplated. The plans shall be subject to review and modification from time to time by the Planning Commission. The anticipated cost of carrying out the plans for restoration shall be included with the plans.
(L) The operator shall file with the township a performance bond, payable to the township and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The amount of the required bond, which will reflect the anticipated cost of restoration, shall be fixed by the township. The bond shall be released upon written certification of the Zoning Administrator that the restoration is complete and in compliance with the restoration plan.
(M) The operator shall file with the County Road Commission a bond for maintenance of, and dust control on, the public road(s) providing access to the site.
(Ord. passed 6-28-2006)