§ 158.096  MRO MINERAL RESOURCE OVERLAY.
   (A)   Purpose.  This subchapter provides for the creation of an overlay designation to be placed on the Zoning Maps, consisting of a MR wherein any land uses that preempt resource recovery are prohibited, for a VRA where potentially recoverable mineral resources have been identified and will be protected from preemptive development and for a half-mile MRN surrounding the MR and the VRA in which any development should be clustered away from the resource and notification of potential resource recovery activity is given.
   (B)   Mineral resource overlay (MRO).
      (1)   Within the county, there is hereby established an area designated an MRO. This MRO includes areas identified as containing a MR, a VRA, and those areas surrounding the resource, identified as MRN. This overlay shall exist only in the A District, I-2 or I-1 on the Zoning Maps as adopted or amended. There shall be no new Agricultural Land Preservation Districts created pursuant to the Maryland Agricultural Land Preservation Program on any portion of a parcel assigned an MR or a VRA designation.
      (2)   The owner of property which is not identified as being within an MR may petition the county to place an MR designation on that person's property subject to the following:
         (a)   The applicant for an MR designation shall submit for the property a delineation of the extent of the mineral resource as mapped by the Maryland Geologic Survey on the Mineral Resource Quadrangle Maps, scale 1:24,000. The applicant may request a modification of the MR boundaries based upon an analysis performed by a qualified geologist which identifies, locates, and estimates the amount and quality of the resource proposed for recovery. This analysis may include a literature search, well logs, existing geologic maps, flood control studies, historic aerial photographs, or other relevant data.
         (b)   Lands with an agricultural land preservation easement are not eligible for the MR designation.
         (c)   To establish the MR boundary, the minimum horizontal distances between the following features and the mapped limit of the resource shall be:
            1.   One thousand feet from the nearest boundary of a village of historic importance as defined in § 158.152, which has been designated at the time of approval of the petition for the MR boundary.
            2.   Seven hundred feet from the nearest boundary of an area zoned for residential use (R-40,000, R-20,000, R-10,000, R-7,500) at the time of establishment of the MR boundary.
            3.   Seven hundred feet from the nearest property lines of schools, hospitals, religious establishments, sewage pumping stations, sewage treatment plants, reservoirs, and water filtration plants which are in existence at the time of establishment of the MR boundary.
         (d)   In addition to the criteria in § 158.096(B)(2), the Planning Commission may use such additional criteria as it deems applicable in recommending the MR boundary.
         (e)   The Planning Commission shall review the information submitted by the applicant and make a recommendation to the County Commissioners. The County Commissioners, after holding a public hearing, shall approve, approve with modifications, or deny the petition for an MRO designation.
      (3)   In a mineral resource recovery area (MR), all uses which are or may be permitted in the underlying zone are prohibited except the following which are regulated as designated in the underlying zone:
         (a)   Mineral resource recovery operations as defined in § 158.002;
         (b)   Agriculture as defined in § 158.002;
         (c)   Commercial and noncommercial nurseries and greenhouses, provided that any greenhouse heating plant, or any building or feeding pens in which farm animals are kept, shall comply with the distance requirements specified in § 158.040;
         (d)   Borrow pits as defined in § 158.002;
         (e)   Riding academies and boarding stables in existing structures;
         (f)   Manufacture of brick or clay products;
         (g)   Coal yards;
         (h)   Copperage works;
         (i)   The use of heavy machinery for extracting, refining, processing, removing and storing of excavated material, crushing, moving, washing, and screening;
         (j)   Bituminous concrete (blacktop) mixing plants;
         (k)   Concrete and ceramic products manufacture, including ready-mix concrete plants;
         (l)   Cement, lime, gypsum, or plaster of paris manufacturing; and
         (m)   Public buildings, structures, and properties of the recreational, cultural, administrative, or public service type, including fire, ambulance, or rescue services.
      (4)   Permitted uses are as follows:
         (a)   In the MRN, processing operations as defined in § 158.002 shall be a permitted use, provided that the distances outlined in § 158.096(B)(2) are met and provided that the processing operation is contiguous to an extractive operation in an adjacent MR. In the MRN, extractive operations are not permitted.
         (b)   In the MRN, the uses allowed in the underlying district are permitted, with special recommendations for clustering away from the resource and for notification.
         (c)   Excavated material stockpile areas are permitted within the approved final site development plan area, and shall always be constructed behind landscaping, berms, and visual buffers.
         (d)   Landscaping, berms, and visual buffers shall comply with the provisions of the Carroll County Landscape Manual as adopted by § 157.02 of this code.
      (5)   In a VRA, uses shall be clustered away from the mineral resource when possible. If such clustering is not possible, then a transfer of development rights, as provided for in § 155.090(D), or development of the property as provided for in § 155.059, may occur at the owners’ option.
   (C)   General regulations for the mineral resource recovery area.  Extractive operations are allowed only in an area designated MR; the storage and removal of excavated material is allowed within the approved final site development plan area; processing operations are allowed in the MR, and may be allowed in the MRN, subject to the provisions of § 158.096(B)(4) of this chapter. All mineral resource recovery operations are subject to the following:
      (1)   Mineral resource recovery operations, except for the storage and removal of excavated material, shall be no closer than 200 feet to all adjoining property lines or any existing or proposed public road right-of-way and 400 feet from any existing principal building on an adjoining property. The Planning and Zoning Commission may increase the distance requirements if it determines that adjacent land uses, geological, hydrogeological, topographical, natural vegetative, or any other environmental feature causes a greater adverse effect at the proposed site than desired.
      (2)   The minimum setback distances shall not apply to the common boundary where the adjoining lot is used or planned for mineral resource recovery operations. Setbacks on the remaining property lines shall meet the setback requirements in division (C)(1) of this section.
      (3)   A person engaging in mineral resource recovery operations shall locate and conduct those operations on the site in a way that minimizes visual, auditory, and other sensory effects on surrounding property owners.
      (4)   Processing operations outside the pit perimeter shall be housed in a covered structure unless the Planning Commission determines, because of specific site conditions, this is unnecessary based on the effects of the use on nearby properties.
      (5)   The site shall be developed and maintained in compliance with Chapter 157 and the Carroll County Landscaping Manual.
      (6)   The line of sight shall be interrupted to the extent possible between mineral resource recovery operations and adjacent properties zoned for residential use, or improved by a residential dwelling, so as to reduce the visual intrusion of the operation on adjacent and nearby properties.
      (7)   All permanent access roads shall be paved for a distance of at least 200 feet from the adjoining public road. The paved cartway width shall be a minimum of 22 feet, and the pavement type must be approved by the Carroll County Department of Public Works, or its success agency.  Roads marked on a site plan and approved by the Planning Commission as temporary may be of a stone construction type (i.e., crusher run).
      (8)   All excavated material stockpile operations and storage shall be conducted in accordance with an approved site plan as set forth in Chapter 155.
      (9)   When the height of the excavated material stockpiles exceed the height of adjacent landscaping berms for a period of time greater than 12 months, then such stockpiles must be constructed using concurrent reclamation methods.
      (10)   Hours of operation are as follows:
         (a)   Extractive operations, and the storage and removal of excavated material, shall be restricted to the hours of 6:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 7:00 p.m. Saturday.
         (b)   Processing operations, and nonextractive related activities (i.e., administrative, maintenance, repair), may be carried out on the premises beyond the allowed hours of operation, provided that the sound level does not exceed the maximum acceptable limit allowed by the state or Chapter 93, Noise.
         (c)   On Sundays and during atypical business hours, extractive operations will be allowed if expressly permitted by the Zoning Administrator because of an operating emergency or because of local or state need.
      (11)   The mineral resource recovery operations shall comply with all applicable federal and state air pollution control laws and regulations. In the event of conflict between these laws and regulations, the most restrictive legally applicable law or regulation shall apply. The operator shall control and contain dust to prevent visible emissions from crossing the boundary of the property.
      (12)   The mineral resource recovery operations shall comply with all federal, state, and local laws regulating water resources management and protection. In the event of conflict between these laws and regulations, the most restrictive legally applicable law or regulation shall apply.
      (13)   The operator shall provide, prior to beginning a mineral resource recovery operation, a contingency plan for well replacement whenever a public water supply surface intake, public water supply well, or private water supply well is within the zone of influence as designated by the state.
      (14)   Indenture provisions are as follows:
         (a)   Prior to the issuance of any Zoning Certificate under this chapter for mineral resource recovery operation, the owner and operator shall enter into an indenture with and provide a satisfactory bond or guaranty to the County Commissioners to ensure compliance with this chapter and the provision of related public improvements, adequate landscaping, fencing, screening, health and safety safeguards, reclamation and restoration plans including regrading, site access, draining, or other treatment as required by this chapter at the completion of the extraction or processing operation. The indenture shall be prepared by the County Attorney, and the bond or guaranty shall be satisfactory to the County Commissioners.
         (b)   The indenture shall include language discussing the availability of the water pumped in dewatering a site for a public water supply and the use of any resulting reservoir when the site is abandoned for a public water supply.
         (c)   The indenture shall require the applicant to provide the County Commissioners a copy of all necessary state permits or letters of certification from each state agency that it has completed its review of the proposed mining operations and is prepared to issue its permit before the zoning certificate may be issued.
         (d)   Prior to the completion of an indenture, the County Commissioners may impose any other condition, limitation, or requirement which they deem necessary, to protect the public health, safety, or welfare of the people of the county.
      (15)   The reclamation plan shall consider providing for use of any water-filled pits as a public water supply. Other proposed land uses for the reclaimed site shall be detailed. Reclamation plans shall be developed with consideration to the condition of adjoining mineral resource recovery operations.
      (16)   When the property on which the mineral resource recovery is planned to take place contains a historic structure, or a known archaeological site, any documentation sent to the state concerning the structure shall also be forwarded to the Carroll County Department of Land and Resource Management, or its successor agency, to ensure that the structure and site are surveyed.
      (17)   All plans for mineral resource recovery operations shall be submitted to the Planning Commission pursuant to the provisions of § 155.059.
      (18)   Prior to site plan approval, the Planning Commission shall determine the adequacy of transportation facilities on the local land route as detailed in the traffic impact study. If inadequacy is determined by the Planning Commission, the Planning Commission will consult with the County Commissioners and the Director of Public Works, or its success agency, to make a determination as to the extent the public works agreement may be adjusted to include road improvements that would alleviate the inadequacy.
(Ord. 2019-07, passed 12-12-2019)