A building or premises may be used for the following purposes in the I Industrial District if a Conditional Use Permit for the use has been obtained in conformance with the provisions of these Regulations - Conditional Use Permits.
(a) Business Office Uses.
(1) Business, Professional, and Administrative Offices
(2) Medical Offices and Clinics
(b) Retail Commercial and Service.
(1) Printing, Publishing, Lithographing, Binding, and Computer-Based Establishments
(c) Road Service and Commercial Entertainment Uses.
(1) Adult Entertainment Facilities
(d) Light Industrial Uses.
(1) Farm Implement Sales
(2) Heavy Equipment Rentals, Sales, Service, and Storage
(3) Wireless Telecommunications Facilities
(e) Heavy Industrial Uses.
(1) Open Industrial
(f) Mineral Extraction Activities. All Mineral Extraction Uses must meet the following regulations:
A. The applicant shall be required to submit five (5) copies of an Extraction and Facilities Plan that shall include:
1. Name of owner(s) of land from which materials shall be removed.
2. Name and contact information for the person or corporation conducting the mining operations.
3. Location and use of any accessory buildings or use areas that are necessary for the excavation of materials including processing plants, trucking cleaning, office buildings, equipment storage and other accessory uses.
4. Type of resources or materials to be excavated.
5. An existing site plan with topographic detail at two (2) foot contour intervals, property lines for the subject property and all adjacent property, public right-of-ways, depth to groundwater, and floodplain characteristics where applicable.
6. The proposed extent and depth of excavation.
7. Slope angle of excavation walls (any final slopes shall be at the angle of repose for the remaining material).
8. Use and proposed disposal method of the soil and/or overburden materials from the excavation site including a landscaping and vegetation plan to stabilize any disturbed materials.
9. A surface drainage plan including:
a. A plan to protect all excavations from off-site waterborne regulated substances.
b. The final on-site grading, which shall be, designed to minimize all surface drainage into the excavations.
10. A post-excavation and operation land use plan that includes potential reuse opportunities, future rezoning of the land, revegetation plans, and any other information as necessary to ensure a safe reclamation and reuse of all excavations. Such plan shall address how adjacent properties will be buffered by mounding or vegetation from any future uses on the excavation site.
11. A security plan that ensures that all unauthorized access shall be strictly prohibited during the time period when the property will be used for excavation operations.
B. All equipment used in the operation shall be placed and operated in a manner to minimize noise, vibration, and dust.
C. All access ways or roads within the premises shall be maintained in a dust-free condition through surfacing or such other treatment as may be necessary.
D. No excavation activities shall be permitted within fifty (50) feet of any property line except as stipulated herein:
1. Such setback may be reduced to twenty-five (25) feet when written consent is granted from all adjacent property owners.
2. In order to ensure adequate support for adjacent right-of- ways, all extraction activities shall be setback a minimum of fifty (50) feet and backfilled a minimum of one-hundred (100) feet from any public right-of-way.
3. All quarrying and blasting activities shall be setback a minimum of three-hundred (300) feet from adjacent property lines unless written consent is granted by all adjacent property owners at which point the setback may be reduced to one-hundred fifty (150) feet.
E. Mounding shall be provided along all property lines to hide objectionable views from adjacent properties and to deflect or reduce noise. The location and height of such screening shall be shown on the plans for operation and restoration of the area submitted for review by the Ohio Department of Natural Resources.
F. No excavation activities shall be permitted within fifty (50) feet of any property line except as stipulated herein.
G. The applicant for any mineral extracting zoning permit shall file with the Zoning Administrator a bond payable to the Municipality of Germantown with securities approved by the Village Manager in an amount of five thousand dollars ($5,000) per acre, or any portion of an acre, of the land to be excavated, and conditioned upon the applicant faithfully restoring the land to be excavated according to all of the provisions of the Extraction and Facilities Plan submitted with the application.
H. On each annual anniversary of the issuance of the conditional use permit and the filing of the bond, the permit holder shall submit to the Municipal Manager a report that sets forth the portion of land, if any, that has been restored in accordance with the Excavation and Facilities Plan. At such time as the Municipal Manager finds that the land has been restored in accordance with the approved plans, they shall recommend to the Municipal Council the release of the bond for each acre, or portion thereof, that has been restored.
I. In the event that the land is not restored in accordance with the approved plans or if the applicant fails to file an annual report, without requesting a time extension, the Municipal Council may declare that the conditions of the bond forfeited and proceed to cause the land to be restored in accordance with the approved plans while charging such costs to the bond. In the event that the cost of restoring the land exceeds the bond covering such restoration, the additional costs shall be charged as a lien against the property. (Ord. 03-74. Passed 11-3-03.)