The following operating conditions and standards shall be met for all mining, extraction and excavation operations.
(A) Setback distance requirements for all mining, extraction, excavation, stockpiling or land disturbance:
(1) Twenty feet of adjoining property lines, except in cases where adjacent property owners have a written, signed, notarized agreement to mine up to the property line with a copy submitted to the Office of the City Zoning Administrator;
(2) Three hundred feet to the boundary of an adjoining property residentially zoned or contiguous property subdivided into residential lots;
(3) Twenty feet to the right-of-way line of any existing or platted street, road or highway;
(4) One hundred feet from the berm of any public or private open drainage ditch system;
(5) If two or more mining operations are contiguous to one another, the common boundary may be mined, extracted or excavated if all parties involved sign a notarized agreement, including a joint reclamation plan;
(6) Fifty feet from the high water mark of any public water provided erosion control measures are in place; and
(7) Fifty feet from an existing well.
(B) All equipment and other sources of noise must operate so as to be in accordance with federal and state standards for noise.
(C) A Dust Control Plan shall be maintained and followed during operation.
(D) Necessary and adequate signage for public safety shall be provided as needed. (Example: “Trucks Hauling”.)
(E) All equipment used for mining, extraction or excavation shall be constructed, maintained and operated in such a manner as to minimize as far as practical any leak or escape of fluids which could contaminate surface or ground water.
(F) The operator shall restrict runoff from the site to lakes, rivers, streams, drainage ditches, tile intakes, other DNR Protected Waters and Wetlands, and adjacent properties.
(G) Site clearance: all stumps and other debris resulting from the excavation or related activities shall be disposed of by approved methods.
(H) Appearance/condition: the owner/operator shall maintain buildings, plants and the mining, extraction or excavation area in a neat condition. Weeds and other unsightly or noxious vegetation shall be controlled as necessary to preserve the appearance of the landscaped area.
(I) Waste disposal:
(1) Any waste generated from the mining operation, including sewage, hazardous waste or water from vehicle or equipment maintenance, shall be disposed of in accordance with federal, state and city requirements; and
(2) No hazardous waste, rubbish, trash, waste tires, junked vehicles, junked machinery, junked equipment or pieces thereof shall be allowed to accumulate at a mining, extraction or excavation site.
(J) Any mining, excavation or extraction operation in which processing is proposed shall meet the following performance standards.
(1) The application shall include the nature of the processing and equipment, location of the plant, source of water, disposal of water, reuse of water and stock piling sites.
(2) Operators with processing equipment shall meet the following criteria:
(a) All federal and state standards for air, water and noise quality; and
(b) Setback requirements as set forth in this chapter, including shoreland setback requirements, if applicable.
(K) Spillage of material on any roadway shall be removed by the owner/operator as quickly as possible.
(L) All on-site storage of fuel shall meet city, county, state and federal standards.
(M) Hours or operation shall be determined at the conditional use hearing based on location and proximity of neighbors and neighboring residents.
(N) The operator shall comply with other requirements which the city, from time to time, may find necessary to adopt for protection of the health, safety and welfare of the citizens of the city.
(Ord. 102, passed 10-24-2007) Penalty, see § 10.99