§ 153.112 EXCAVATION AND QUARRY REGULATIONS.
   (A)   Permitted use. Land and structures governed by this section shall be used only for the following purposes in addition to permitted uses of the zoning district in which the land is located.
      (1)   Extraction.
         (a)   Dimension stone
         (b)   Crushed and broken stone, including riprap
         (c)   Sand and gravel
      (2)   Processing. The temporary erection and operation of plants and equipment necessary for crushing, polishing, dressing or otherwise physically or chemically processing the material extracted on the site including:
         (a)   Concrete brick and block
         (b)   Concrete products, except block and brick
         (c)   Ready-mixed concrete
   (B)   Development standards. In addition to the provisions of §§ 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required under this section.
      (1)   Intensity of use. There is no minimum lot area required; however, the lot shall be adequate to provide the yard space required by the following development standards and meet the requirements of § 153.071;
         (a)   For excavation, quarrying and permitted processing, all equipment used shall be constructed, maintained and operated in such a manner as to eliminate, as far as practicable, noise, vibration or dust which would injure or annoy persons living or working in the vicinity.
         (b)   Accessways or roads within the premises shall be maintained in a dust-free condition through surfacing or such other treatment as may be necessary.
         (c)   No excavation shall be made from the banks or beds of the Scioto River or any other stream or waterway designated as necessary to the Flood Control Program of Franklin County and no quarrying shall be permitted closer than 200 feet of either bank of the above-named river and creeks except by a finding of designated engineering personnel of the municipality which shall show that such excavation or quarrying shall not impair the lateral support needed for permanent stream levees.
         (d)   All excavations shall be made either to a depth of five feet below a water-producing level, or graded, or back-filled with non-noxious and noninflammable solids to assure that the excavated area will not collect and retain stagnant water, or that the graded or back-filled surface will create a gently rolling topography to minimize erosion by wind or rain and substantially conform with the contour of the surrounding area.
         (e)   Whenever the floor of a quarry is five feet or more below the grade of adjacent land, the property containing the quarry shall be completely enclosed by a barrier either consisting of a mound of earth not less than six feet high located at least 25 feet from any street right-of-way and planted with a double row of multiflora rose bushes, other approved landscaping or shall be enclosed with a chain link fence or its equivalent in strength and protective character to a height of six feet in height along the property line. Such barriers may be excluded where deemed unnecessary by the designated engineering personnel of the municipality because of the presence of a lake, stream or other existing natural barrier.
      (2)   Yard requirements. An excavation shall be located 100 feet or more and back-filled to 150 feet from a street right-of-way line; quarrying operations shall be located 50 feet or more from a street right-of-way line. With approval by the designated engineering personnel of the municipality, such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the established street grade. Excavation or quarrying shall be no closer than 50 feet to a property boundary line, except with the written consent of the adjacent property owner. Plants or equipment for processing of extracted materials or other approved ancillary operations shall not be located nearer than 600 feet to the boundary of the land placed under the provisions of this section.
   (C)   Rehabilitation plan. Extraction shall be permitted only from areas for which there is a rehabilitation plan approved by Council.
      (1)   Generally. All such rehabilitation plans shall include the following:
         (a)   A grading plan showing existing contours in the area to be extracted and proposed future contours showing the topography of the area after completion. Such plans shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five feet or less.
         (b)   Existing and proposed drainage of the area.
         (c)   Details of regrading and revegetation of the site during and at conclusion of the operation.
      (2)   Required rehabilitation. The following requirements shall be met in the rehabilitation plan:
         (a)   The banks of all extraction, when not back-filled, shall be sloped at a grade of not less than two feet horizontal to one foot vertical. This slope shall be maintained 20 feet beyond the water line if such exists.
         (b)   Spoil banks shall be graded to a level suiting the existing terrain.
         (c)   All banks and extracted areas shall be surfaced with at least six inches of suitable soil, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes or grasses, and maintained until the soil is stabilized and approved by the County Engineer.
         (d)   When any extraction has been completed, such area shall either be left as a permanent spring-fed lake or the floor thereof shall be leveled in such manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and shall otherwise comply with these requirements.
         (e)   All equipment and structures shall be removed within three months of the completion of the extraction of materials.
('80 Code, § 1185.03) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999