(A) State mining regulations applicable. Where extractive uses and activities as identified in § 157.024 also fall within the purview of Maryland law, such uses and activities shall be permitted only in compliance with the rules and regulations adopted by the State of Maryland. Such uses shall comply with the performance standards in division (C) below, whenever such standards impose more stringent requirements than the state laws and regulations.
(B) Procedural requirements. All applications for zoning permits for uses and activities listed in § 157.024 shall be accompanied by the plans and data specified below, except that the plans and data otherwise required pursuant to § 157.167 and/or division (A) above may be submitted in lieu of the following requirements:
(1) The application shall be accompanied by a plan of the site, drawn to a scale not smaller than 1 inch equals 200 feet, and showing:
(a) Contour lines, at a vertical interval not larger than 5 feet, showing the existing and the proposed final grading of the site after completion of the resource extraction;
(b) All roads, buildings and structures existing within 200 feet of the site’s property lines;
(c) All roads, buildings and structures proposed within the site, and all proposed points of access to public roads.
(2) The application shall be accompanied by the following additional information and descriptions which may either be shown on the site plan or submitted separately:
(a) The use which is proposed to be made of the land following reclamation including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of such use to legally adopted land use policies and plans;
(b) The engineering techniques proposed to be used in mining and reclamation and a description of the major equipment; a plan for the control of surface water drainage and of water accumulation; a plan where appropriate for backfilling, soil stabilization and compacting, grading and appropriate revegetation; a statement of how the applicant plans to comply with the applicable requirements in division (C) below;
(c) The steps to be taken to comply with applicable air and water quality laws and regulations and any applicable health and safety standards;
(d) The consideration which has been given to insuring the maximum practicable recovery of the subsurface resources;
(e) A detailed estimated timetable for the accomplishment of each major step in the reclamation plan;
(f) A detailed description of the measures to be taken during the mining and reclamation process to assure the protection of:
1. The quantity and quality of surface and ground water systems, both on and off-site from adverse effects of the mining and reclamation process; and
2. The rights of present users to such water.
(g) Such other information as may reasonably be required for proper evaluation of the application.
(C) Performance standards for extractive industries.
(1) All uses shall comply with the performance standards of § 157.063.
(2) All office and storage buildings and all excavation areas shall be located at least 50 feet from all property lines; and all other buildings shall comply with the setback requirements in § 157.062.
(3) Topsoil removed in the process of resource extraction shall be stored separately and shall be replaced in the process of site reclamation, unless the applicant provides satisfactory evidence that another method of soil conservation would be at least equally effective for site revegetation or reuse purposes.
(4) Following completion of the resource extraction, all surface areas shall be restored to a condition which does not present a hazard to public health and safety, or to adjoining property, and is capable of supporting the uses approved pursuant to the approval of the permit or any revision thereof.
(a) Where the original slope of the land was less than 12 degrees, all excavations, except stone quarries, shall be backfilled, compacted (where advisable to insure stability or to prevent leaching of toxic materials) and graded to restore the approximate original contour of the land with all highwalls, spoil piles and depressions eliminated, unless the applicant demonstrates that the overburden is insufficient (giving due consideration to volumetric expansion) to restore the approximate original contour, in which case the backfilling, compacting and grading required shall be sufficient to cover all acid-forming, saline and toxic materials, to achieve an angle of repose based upon soil and climate characteristics for the area of land to be affected, and to achieve an environmentally sound condition and a desirable use of the reclaimed area.
(b) Where the original slope was greater than 12 degrees, the land shall be reclaimed by terracing or modified terracing in accordance with the regulations issued pursuant to Maryland Laws.
(5) Planting strip and fencing. Unless otherwise provided in the approved plan for reuse of the site, quarries and the like excavations for the extraction of stone, which have a depth of 25 feet or more shall be screened by a strip of dense evergreen planting no less than 25 feet in width and extending around the perimeter of the excavation; such planting strip shall not be closer than 15 feet from the rim of the excavation. Such quarries or the like excavations shall also be provided with a chain link (or equivalent) perimeter fence at least 10 feet high, placed along either the inner or the outer edge of the planting strip.
(6) Revegetation. All reclaimed surface areas shall be effectively stabilized to control erosion and attendant air and water pollution, such stabilization and reclamation to include soil compaction, where advisable, and establishment of a stable and self-regenerating vegetative cover which, where advisable, shall be comprised of native vegetation.
(7) Slope. When excavations provide for a body of water as part of the approved plan for reuse of the site, the banks of the excavation shall be sloped at a minimum ratio of 7 feet horizontal to 1 foot vertical; such slope shall extend at least 50 feet (horizontally) on the landward side of the water’s edge and shall be continued into the water to a depth of 5 feet.
(Ord. —, passed 5-13-1997; Am. Ord. —, passed 8-8-2000; Am. Ord. —, passed 4-30-2002; Am. Res. 2010-7, passed 5-25-2010)