(A) Community involvement in the site plan review process.
(1) An applicant for site plan approval under this subchapter shall submit a concept plan prior to submission of a detailed mineral resource recovery site plan and the accompanying documentation. The applicant shall then hold a site visit and tour of the subject property for the County Commissioners, the Planning and Zoning Commission, adjoining property owners, appropriate state agencies, and interested citizens for the purpose of explaining the concept plan.
(2) Following the site visit, the Planning and Zoning Commission shall conduct the community involvement meeting. The applicant for the mineral resource recovery operation shall present the concept plan for comment and discussion concerning siting and location of processing operations, setback requirements, screening, berming, landscaping, and transportation routes.
(3) After the community involvement meeting, the applicant may submit the site plans and accompanying documentation to the county.
(4) Adjoining property owners, the County Commissioners, and the Planning and Zoning Commission will be notified by the applicant, by first class mail, of the date, time, and place of the site visit and tour and the community involvement meeting. There will also be a public notice specifying the date, time, and place of the site visit and tour and the community involvement meeting, which will be advertised twice by the applicant in one newspaper of general circulation in the area in which the mining is proposed to occur. The public notice shall appear no more than 14 and no less than seven days in advance of the site visit and tour and the community involvement meeting. The site shall be posted with a notice of the time and place of the site visit and tour and community involvement meeting at least two weeks before the tour and the meeting.
(B) Application requirements to establish mineral resource operation. An applicant for site plan approval for a mineral resource recovery operation shall submit a site development plan to the Planning and Zoning Commission. The site development plan shall contain the following:
(1) All information as required by the site plan checklist;
(2) A copy of the documents submitted to obtain state permits for the extractive operation and all correspondence received from the state;
(3) A comprehensive, site-specific, geologic/hydrogeologic analysis that shall include at a minimum:
(a) Site geologic mapping: geologic contacts, bedrock outcrops, faults, three subsurface cross-sections perpendicular to regional strike or mineral deposit;
(b) The location of current and any known historical sinkholes on site or on adjacent properties;
(c) Fracture trace analysis;
(d) Hydrogeologic mapping: ground and surface watershed boundaries; water balance analysis; aquifer test data, results, and evaluation; depth to water table using borehole data and a water table map; three subsurface cross-sections perpendicular to strike or mineral deposit; and
(e) The location of all wells within the zone of influence of the proposed pit as designated by the state. The data should include depth, yield, water quality, length of casing, and status whether used, unused, or abandoned.
(4) A complete site analysis including the location of the mineral deposit to be extracted, significant environmental features, significant historical and archaeological resources, and existing forested areas;
(5) A landscaping plan pursuant to the requirements of Chapter 157, with details including the height and location of any proposed fences and berms;
(6) A plan showing the line-of-sight cross-section and cross-section studies showing how the line-of-sight will be interrupted from surrounding properties as required in § 158.096(C)(6);
(7) A development program stating the sequence in which mineral resource recovery and related activities are to be developed;
(8) A plan for the reclamation and ultimate reuse of all lands proposed for mineral resource recovery including possible access to the site and availability of any abandoned water-filled pits for future public water supplies;
(9) The description of all proposed or anticipated truck haul routes within the county and a traffic impact study performed by a licensed traffic engineer that addresses the effects of any proposed mineral resource recovery activity on present and projected levels of service, adequacy of the present and planned road system, road safety conditions, pavement impact and breakdown, bridge capacity, and other factors related to traffic flow and safety. The criteria to be included in the traffic impact study will be dependent upon a pre-study conference which considers factors such as proximity of the development to residential and other land uses, the size of the resource recovery operation through initial recovery stages and peak operation, and any other factors deemed necessary by the Planning Commission;
(10) A map detailing the location of any other mineral resource operation that may exist within one-half mile of the site; and
(11) Any additional analyses and plans requested by the Planning and Zoning Commission for the purpose of monitoring compliance with the regulations and performance standards of the zone.
(C) Special requirements for development in the MRO.
(1) Except as provided in § 158.096(B)(5), within an MRO, residential building lots created after March 1, 1992 shall only be located on portions of a parcel not overlaid by the Viable Resource Area (VRA). Development in the Mineral Resource Notification Area (MRN) should be located to minimize conflicts between the development and the planned or existing mineral resource recovery operation.
(2) On properties where residential building lots cannot be located outside of the VRA based upon the boundaries of the properties as they existed on January 1, 1991, a transfer of development right (TDR) will be permitted to another area within the A, R-40,000, R-20,000, and R-10,000 Districts cluster subdivision, pursuant to this chapter.
(3) All subdivision plans, site plans, record plats, and building permits dealing with land in the MRN shall contain notations identifying the property as lying within a MRO and as within one-half mile of an area where mineral resource recovery operations are currently occurring or may occur in the future.
(D) Transfer of development rights (TDR). The owner of a parcel on which a VRA designation has been placed has the right to create residential lots only at the density permitted in the underlying zoning district, subject to the provisions of this chapter. The property owner may transfer the development rights to property in the A District pursuant to the provisions of this chapter or to property zoned R-40,000, R-20,000, and R-10,000 Districts which is being subdivided under the cluster subdivision provisions in this chapter, and pursuant to the following:
(1) Creation of a TDR will be permitted by the Planning and Zoning Commission only when it determines that residential lots cannot be clustered from the portion of the property designated VRA to a portion of the property or to adjoining property under the same ownership not designated VRA.
(2) Before an owner of property which has been given approval to create TDRs may transfer these rights, the owner shall:
(a) File an application for a TDR with the Bureau. A metes and bounds description of the property and a survey plat, prepared by a registered engineer or surveyor and certified to be correct, shall accompany each application;
(b) Obtain written approval from the Planning and Zoning Commission of the base number of development rights on the property; and
(c) Once the Planning and Zoning Commission has determined the base number of development rights, that number shall be multiplied by two, which shall be the total number of development rights available for transfer.
(3) At the time of the approval of the total number of TDRs, a serial number shall be assigned to each development right approved.
(4) Before a TDR may occur, the owner of the property from which the development rights have been approved shall record a TDR easement in the Land Records of Carroll County, as well as file a copy with the Bureau. The easement shall state the total number of development rights approved on the property. The recordation of the TDR easement creates a permanent easement against residential subdivision or development of land for residential use on the property.
(5) At the time of transfer of a development right or rights, a deed of TDR shall be recorded in the Land Records of Carroll County, and a copy placed on file with the Bureau.
(6) When subdivision approval is given by the Planning and Zoning Commission and a plat recorded for a property using TDR, a TDR extinguishment shall be recorded in the Land Records of Carroll County and a copy filed with the Bureau.
(7) All preliminary subdivision plans on which TDRs are to be incorporated shall have a notation as to the number of lots on the plan that are being created through TDR. The plan shall also contain the serial number of each TDR lot being used. A copy of the deed of TDR shall accompany each subdivision plan using TDR.
(8) Subdivision of land in the A District which utilizes TDR shall be performed in accordance with this chapter and any applicable development guides and standards.
(9) Subdivision of parcels in the R-40,000, R-20,000, and R-10,000 cluster subdivision utilizing TDR shall be performed in accordance with this chapter.
(Ord. 2022-19, passed 10-20-2022)