a. The excavations from or deposits on the earth of rock, stone, gravel, sand, earth, minerals, or building or constriction materials shall not be construed to be a permitted use in any district established by this ordinance unless and until a Certificate of Zoning Compliance shall first have been secured therefor, except for the following defined extractions and deposits.
1. Excavations for the foundation or basement of any building or for a swimming pool for which a Certificate of Zoning Compliance and a building permit have been issued, or deposits on the earth of any building or construction materials to be used in a structure for which such zoning permit and building permit have been issued.
2. Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than ten (10) feet in vertical height and when less than one thousand (1,000) cubic yards of earth is removed from the premises.
3. Grading in a subdivision which has been approved by the Plan Commission in accordance with the Subdivision Ordinance and amendments thereto.
4. Excavations by any public agency or public utility, including the Town of Dyer, for the installation, operation, inspection, repair or replacement of any of its facilities.
b. Any quarry existing and operational as such on the effective date of this ordinance shall obtain a new use permit and conform with the provisions of this ordinance within one (1) year of the adoption of this ordinance.
c. Only the Plan Commission shall have the power to grant a Certificate of Zoning Compliance, revocable and valid for specified periods of time, to permit extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals, or building or construction materials, as set forth herein above.
d. The Zoning Administrator shall make such inspections as he deems necessary or as are required by the Plan Commission to ensure that all work is in accordance with the Certificate of Zoning Compliance. All inspection services shall be paid for by the applicant in the amount established by ordinance. The following information shall be submitted in electronic format with the application for a Certificate of Zoning Compliance for excavation operations including borrow pits, topsoil removal, and storage areas:
1. A map of existing conditions showing the lands proposed to be included in the excavation area and the lands within one thousand (1,000) feet on in all directions. This map shall show the boundaries of the excavation area and existing conditions on the mapped lands including:
a. Existing contours (with a contour interval appropriate to the site which accurately reflects the topographic condition);
b. Water bodies and drainage courses - depth of water table below existing terrain;
c. Estimate of depth and extent of deposit;
d. The present use of adjoining lands (residential, commercial, industrial, institutional, recreation, agricultural, etc.);
e. The present zoning classification of subject and adjoining lands and setback requirements;
f. All publicly owned lands;
g. Public rights-of-way road types,
h. Easements and railroad lines.
2. A plan of operational areas showing:
a. Area proposed for excavation;
b. Area proposed for setting ponds and wash water outlets;
c. Areas proposed for processing facilities and storage;
d. Area proposed for production facilities (if any) for resources related industry;
e. Area proposed for excavation entrance, office dispatcher headquarters, off-street parking, and equipment storage.
3. A plan of excavation showing:
a. Division of the area proposed for excavation into one (1) or more excavation units which are to be excavated and rehabilitated in sequences. Estimated dates for the rehabilitation of the excavation units should be given;
b. Methods to be used to minimize the effect of erosion by wind and water on the entire tract, such as the planting of ground cover vegetation;
c. Methods of screening the area of operations from view, such as planting screens or the use of earth mounds;
d. The access or haul road system.
4. A conceptual plan of development for the rehabilitation and re-use of the entire excavation area following excavation showing:
a. A proposed plan for landscape rehabilitation including grading, drainage, planting, and similar appropriate installations;
b. The proposed water area (if any) resulting from excavation;
c. A proposed plan of functural re-use of the total excavation area showing, diagrammatically, future locations of residential, commercial, industrial, public, semi-public, and other land uses, if any, and the principal elements of a future traffic circulation of system to service the area. Sufficient characteristics of proposed development such as population density ranges, types of commercial or industrial usage, and kinds of public areas.
5. A bond with surety satisfactory to the Council in the amount of one thousand dollars ($1,000.00) per acre of area proposed to be excavated which shall run to the Town Council to insure the satisfactory completion of the landscape rehabilitation shown in the plan of development following the excavation process.
The excavation area will be used primarily for the excavation of sand, gravel, stock, and other earth material and the processing, storage, stockpiling, distribution, and sale thereof.
The following uses may be permitted when they are determined to be functionally beneficial to the excavation activity appropriate to the location and environs and not detrimental to adjoining lands:
a. Concrete batching plants;
b. Mixing plants for either portland cement or asphalt concrete;
c. Concrete block, pipe, beam, slab, or panel plants.
Other excavation area requirements:
1. Slopes. No production from an open pit shall be permitted which creates a finished slope steeper than one and one-half (1½) feet horizontal to one (1) foot vertical for the excavation of sand and gravel, or which creates a finished slope steeper than one (1) foot horizontal to one (1) foot vertical for the excavation of products other than sand, except that in locations where the soil or rock content is such that vertical cuts are proven to be safe, a vertical cut up to eight (8) feet in depth from ground level with a shelf no less than twelve (12) feet wide followed by a vertical cut thereafter of any depth shall be allowed.
2. Fencing. Prior to the commencement of any operations in an excavation area or part thereof located within five hundred (500) feet of a developed residential area, public park, or other institution or public highway, a fence shall be constructed enclosing the excavation area or part within that prescribed distance. Shops, garages, warehouses, storage areas, offices, dwelling units and other areas which have not been excavated and are not used by the excavation area, need not be fenced. Said fence shall be of woven wire, not capable of receiving a child's foot and be at least four (4) feet in height, or a planting of shrubs capable of producing a tight, practically impenetrable hedge (i.e., multi-flora rose). The bottom of the fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four (4) inches. Gates of the same height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. Said gates shall be equipped with keyed locks and shall be kept locked at all times when the excavation area operations are shut down. Said fence, gates, and locks shall be maintained in good condition.
3. Hours of Operation. Excavation and material processing activities permitted in the excavation area shall be limited to the hours of 7:00 a.m. to 8:00 p.m. (in keeping with Section 6-59), except in the following situations:
a. Where required by public authorities;
b. Where work requires a continuous flow of materials;
c. Where necessary due to public emergencies;
d. Where any necessary and reasonable repairs to equipment are required.
4. Ingress, Egress and Traffic Safety. Access roads to any excavation area shall be limited to one (1), or at most two (2) points and shall be constructed on a level with the pavement of any public street or highway for a distance of not less than eighty (80) feet therefrom, and said eighty (80) feet of road shall be improved with a dust proof all weather surface. Adequate sight distance shall be maintained for traffic safety in compliance with the standards and requirements of the local highway authorities.
5. Off-Street Parking. Off-street parking shall be provided for all equipment and for cars of employees.
6. Screens. Screen planting consisting of a variety of trees, shrubs, or both in the same planting area, or a combination of seeded earth mounds and plant material screens shall be constructed and planted so as to form dense screens to a height appropriate to block out objectional features and maintained along the perimeter of any area being operated where said perimeter abuts a public thoroughfare or a developed residential area.
7. Drainage. Upon the completion of operations, the land shall be left in a safe condition so that sufficient drainage shall be provided so as to prevent water pockets or undue erosion, with all grading and drainage such that both natural storm water leaves the entire property at the original, natural drainage points and that the area drainage to any one (1) such point is not increased.
8. Excavations made to water producing depths and proposed as water areas in the plan of development must comply with section 905.0 of the Book of Standards.
9. The rehabilitation of the excavation shall be in conformance with the plan of development submitted with the application.
(Ord. No. 2007-33, 12-27-07)