(A) Generally.
(1) Application. This section applies to specific, intensive land-use activities that have unique impacts both on and off site. The regulations and approval processes established by this section ensure their short- and long-term compatibility with the on- and off-site environment and adjacent properties and neighborhoods.
(2) Purpose and findings. The specific purpose and intent of these provisions are to:
(a) Protect the health, safety and welfare of the citizens of the city;
(b) Preserve the quality of life, economy, infrastructure, environment, natural resources and natural landscapes;
(c) Protect the environment of the city and protect its residents from the harmful or hazardous effects of, or nuisances resulting from, substantial land alteration activities, quarrying, and sand or gravel excavation, including, but not limited to, degradation of air quality, storm water run-off, ground and subsurface water quality, visual quality, erosion of soils, adverse noise and vibration, explosive hazards, adverse traffic and road conditions, and any adverse effects of processing materials;
(d) Protect the scenic quality of the city, its natural landscapes, environment, wildlife and wildlife habitat, and protect its residents from significant adverse effects of excavation activities;
(e) Ensure the compatibility of the proposed excavation activities with existing development and development anticipated in the future pursuant to the city’s adopted Comprehensive Plan;
(f) Assure that the required reclamation of affected areas that are disturbed by excavation activities is sufficient to provide for short- and long-term development meeting all environmental, infrastructure and aesthetic needs of the city and of surrounding properties and neighborhoods;
(g) Assure that necessary off-site maintenance and improvements to public roads or utilities required as a result of the on-site effects of excavation activities and the off-site effects of traffic and damage to properties are adequately and fully funded and implemented;
(h) Provide for a fair and efficient system for the engineering, planning, environmental regulation and monitoring of excavation activities, both on and off site;
(i) Protect the long-term usefulness of adjacent properties for the permitted purposes as identified in the city’s adopted Comprehensive Plan;
(j) Protect the tax base of the community;
(k) Protect the use and enjoyment of adjacent properties;
(l) Ensure the reasonable use of the limestone, sand, gravel and other mineral resources excavated or extracted from the site or the excavation activities;
(m) Establish regulations and performance standards for the excavation, processing, use and transport of earth materials, mined materials, quarried materials and unconsolidated sediments in such a manner as to ensure maximum protection to surrounding properties and to the physical environment through proper siting of activities and structure, and through the use of time of operation, buffering, setbacks, visual screening, height limitations, proper access routing and appropriate noise, vibration, air quality and water quality controls;
(n) Ensure that all permitted excavation activities are compatible with the city, regional, state and federal water quality plans and storm water management plans and adopted drainage or storm water policies; and
(o) Ensure that all permitted excavation activities are compatible with all current and applicable neighborhood plans, area or regional plans, public facility and utility plans, city policies and the city’s budget and capital improvements program.
(B) Applicability.
(1) Generally. This section applies to quarries, sand or gravel excavation, and substantial land alteration activities. This section constitutes the standards for development in the “EU” (Extractive Use) Zoning District. The permitted uses in the “EU” District are the following, subject to the standards established in this section:
(a) Quarries;
(b) Sand and gravel extraction; and
(c) Substantial land alteration.
(2) Substantial land alteration.
(a) “Substantial land alteration” is a development activity that meets or exceeds any of the following thresholds:
1. Land-disturbing activities designed to occur for more than three months;
2. The removal from a site of more than 100 cubic yards of earth material per acre (gross) and less than 1,000 cubic yards of material per acre;
3. Results at any time during or following excavation in an exposed bedrock slope steeper than 2:1 and less than 3:1;
4. A movement of 100 cubic yards or more of earth that involves a change in natural or preexisting grades of five or more vertical feet for any portion of a parcel; or
5. Any movement of earth on the entire parcel in excess of 1,000 cubic yards.
(b) A substantial land alteration activity is permitted as a conditional use in all zoning districts subject to all of the requirements of this section, including performance standards, site location criteria, exterior storage regulations, and reclamation standards as set forth in Table 153.1362(A) below. A substantial land alteration shall require a grading development approval to be issued in addition to obtaining a conditional use approval. If the substantial land alteration involves a quarry, sand or gravel excavation, it shall require a development order approving an “EU” (Extractive Use) District.
(3) Quarry excavation. Quarry excavation is a development activity that constitutes a substantial land alteration and includes any of the additional following characteristics:
(a) Activities principally designed to mine, extract or remove limestone, minerals or bedrock materials for commercial purposes;
(b) Activities resulting at any time during or following excavation in an exposed bedrock slope steeper than 3:1;
(c) Activities resulting from one or several cuts made as part of the activity at any time following excavation in an exposed rock face that is in excess of five feet in height;
(d) Removal from a site of more than 1,000 cubic yards of earth material per acre of land being excavated or 10,000 cubic yards of earth for the entire site; or
(e) An excavation activity utilizing a crusher. A quarry is only permitted in an “EU” (Extractive Use) Overlay Zoning District. Operation of a quarry shall require a rezoning to an “EU” Overlay Zoning District with detailed site and grading plans pursuant to this section and Table 153.1362(A) below.
Required Minimum Distance from Adjacent Property Zoned | (A) Separation Distance (Without Buffer) (Feet) | (B) Separation Distance (With Buffer) (Feet) | (C) Sand and Gravel Excavation When the Proposed Activity Will Not Exceed 24 Months (Feet) | (D) Temporary Excavation or Land Alteration With Buffer (Feet) | ||||||||
Required Minimum Distance from Adjacent Property Zoned | Residential | Commercial | Industrial | Residential | Commercial | Industrial | Residential | Commercial | Industrial | Residential | Commercial | Industrial |
Required Minimum Distance from Adjacent Property Zoned | (A) Separation Distance (Without Buffer) (Feet) | (B) Separation Distance (With Buffer) (Feet) | (C) Sand and Gravel Excavation When the Proposed Activity Will Not Exceed 24 Months (Feet) | (D) Temporary Excavation or Land Alteration With Buffer (Feet) | ||||||||
Required Minimum Distance from Adjacent Property Zoned | Residential | Commercial | Industrial | Residential | Commercial | Industrial | Residential | Commercial | Industrial | Residential | Commercial | Industrial |
Excavation area with an elevation change of greater than 10 feet | 500 | 100 | 50 | 250 | 50 | 50 | 200 | 50 | 50 | 100 | 50 | 50 |
To vegetated stockpiles | 500 | 100 | 50 | 250 | 50 | 50 | 200 | 50 | 50 | 100 | 50 | 50 |
To any non-vegetated stockpiles or loading points | 750 | 200 | 50 | 300 | 100 | 50 | 400 | 100 | 50 | 200 | 100 | 50 |
To any crushing or processing • Quarries • Sand and gravel excavation/land alteration | 1,000 1,000 | 500 500 | 100 100 | 1,000 1,000 | 500 200 | 100 100 | 750 | 250 | 100 | 300 | 100 | 100 |
To any blasting from a developed property • Quarries, sand and gravel excavation • Land alteration | 1,000 | 500 | 400 | 1,000 1,000 | 500 400 | 400 400 | 750 | 400 | 400 | 750 | 250 | 400 |
(4) Sand or gravel extraction. Sand or gravel excavation is a development activity constituting excavation of unconsolidated sediments that constitutes a substantial land alteration and includes any of the following characteristics:
(a) Activities principally designed to mine, extract or remove unconsolidated sediments for commercial purposes;
(b) Removal from the site of more than 1,000 cubic yards of unconsolidated sediments per acre of land being excavated or more than 2,500 cubic yards from a single site; or
(c) A substantial land alteration designed to occur for more than three months. Sand or gravel excavation activities shall be permitted only in an “EU” (Extractive Use) Overlay Zoning District. Sand or gravel excavation shall obtain a rezoning to a sand or gravel overlay zoning district with a detailed site and grading plan pursuant to a CUP process and standards and the site location criteria, exterior storage regulations, and standards as set forth in Table 153.1362(A) above.
(5) Definitions. For purposes of this section, SITE means all contiguous or non-contiguous land holdings in the same ownership.
(6) Exempt activities. Except as required for a reclamation plan, which may be imposed on any of the following activities as part of any development approval or development order, this section does not apply to the following activities:
(a) The land area included within 15 feet or as reasonably defined by the Code Enforcement Officer to allow soil stabilization of the identified boundaries of a building submitted for a development approval;
(b) Storm water management facilities or other public infrastructure approved by the city;
(c) Excavations or blasting for wells, tunnels or utilities that have received all necessary governmental approvals;
(d) Refuse disposal sites controlled by other applicable city, state or federal regulations;
(e) Ongoing cemetery (burial) operations; and
(f) Development activity pursuant to this section for which a development approval has been issued by the city, has resulted in the review of the proposed cut-and-fill work, and has made the findings established in subsection (D) below.
(C) Development approvals and orders.
(1) Other required development approvals.
(a) Generally. Excavation activities include a broad range of land disturbance activities, which may require a grading development approval and may require other local, state and federal development approvals. It is the sole responsibility of the applicant to secure any development approvals required by other governmental entities for the proposed use. The city may, at its sole discretion, require that the applicant obtain all other required development approvals prior to applying for the required CUP and to require the applicant to submit evidence of such other development approvals to the city as part of the CUP application.
(b) Subdivision plats. Applicants are not required to apply for subdivision approval for “excavation activities” located on a single parcel of land unless the activity constitutes a subdivision or platting of two or more parcels.
(2) “EU” (Extractive Use) Overlay Zoning District. All excavation activities defined as quarry excavation or sand or gravel excavation pursuant to subsection (B) above shall apply for and obtain a zoning amendment to an “EU” (Extractive Use) Zoning District. All development in the “EU” Zoning District is subject to the standards and procedures established in this section. The standards and procedures of this section constitute the standards for development in the “EU” District.
(3) Conditional use permit. All excavation activities, as defined in this section, shall be considered “conditional uses” in all of the zoning districts in which they are listed, and requests for approval of such activities shall be processed pursuant to §§ 153.0700 through 153.0709 of this chapter.
(4) Required plans and information. An application for rezoning to an “EU” (Extractive Use) District and a CUP shall include a complete application for a land alteration development approval. (See § 153.1647 of this chapter.)
(5) Project site expansion or modification.
(b) Changes other than changes to the phasing plan shall be reviewed and approved in accordance with the process by which the original CUP was approved.
(c) An expansion of the site on which an “excavation activity” has previously been approved will require a complete review of the proposed new (expanded) site, as if an original application was being made, as well as a review of the relationship and coordination of activities between the original site and the expanded portion of the site. Of principal concern during this review shall be the additional and cumulative impacts that will be caused by the combined operations on factors such as the environment, traffic, safety, noise, air pollution, neighborhoods and adjacent land uses.
(d) Contraction of the site on which the “excavation activity” has been approved will require a review in order to:
1. Evaluate how the loss of a portion of the site will affect buffers, land-use compatibility, noise, reclamation and reuse of the site and related factors; and
2. Determine what will be done on the excised portion of the site (e.g., if another land use is proposed, a complete, original review may be required).
(6) Transfer of development approvals.
(a) No transfer of a CUP by the original applicant to another party nor a transfer of any other development approval issued by the city that was necessary to authorize or allow the “excavation activity” shall be permitted unless the city is notified at least 90 days prior to such transfer and has an opportunity to assure that:
1. All conditions, standards and requirements imposed on the original applicant will continue to be met; and
2. All security instruments remain in full effect and, if also transferred, the new CUP holder agrees to comply in full and has the necessary financial security to hold the city harmless.
(b) If the subject property is sold, the CUP and all of the conditions, standards and requirements run with the land, and the new property owner is fully bound as if he or she were the original owner.
(c) When an operator succeeds to the interest of another on an uncompleted site, the Code Enforcement Officer shall release the first operator of the responsibilities imposed by the development approval only if:
1. Both operators are in full compliance with the requirements and standards of this chapter and all development approvals;
2. The new operator assumes all responsibilities of the former operator, including operations, maintenance and reclamation, and provides a written, witnessed, notarized document asserting, inter alia, that reclamation of the entire site will be completed as planned; and
3. The new operator provides the city with all appropriate financial assurances, approved by the City Attorney, to ensure completion of the project.
(7) Extension of development approval.
(a) Requests for CUP extensions must be submitted in writing to the Planning Department at least three months prior to the expiration date of the existing development approval.
(b) The city may grant a CUP extension for not more than one-half the duration of the original CUP approval.
(c) No development approval extension shall be granted unless the project is in full compliance with the terms of the existing development approval or a compliance plan and schedule have been submitted and approved by the city. If there have been any notices of default issued by the city, these shall be reviewed and may be taken into consideration by the city on the extension request.
(d) A CUP extension may include conditions to address conflicts with adjacent properties or other circumstances unforeseen at the time of original development approval.
(e) The extension of the CUP shall not be unreasonably denied; provided that, the conditional use permittee has complied with all of the conditions of the CUP and the standards and requirements for “excavation activities” and has not been issued a notice of default nor cited for a violation of the city code or state or federal regulations.
(8) Required findings. The city shall approve an overlay zoning district or a CUP authorizing an excavation activity only if all of the following findings with respect to the proposed activity are made:
(a) The activity will not result in a danger to life or property due to:
1. Steep or unstable slopes;
2. Unsafe access to the property;
3. Excessive traffic; or
4. Proximity to existing or planned residential areas, parks and roadways.
(b) Visual, noise, dust and/or excessive on-or off-site environmental impacts on public parks, roadways and residential areas can be adequately mitigated by the applicant and a fully detailed plan is submitted by the applicant to demonstrate the mitigation methods to be used, the cost of such mitigation, the source of funds for such mitigation and adequate legal assurance that all such mitigation activities are carried out;
(c) The use of trucks and heavy equipment will not adversely impact the safety and maintenance or cause excessive congestion of public roads providing access to the site, or such impacts will be mitigated;
(d) The proposed use will not adversely affect air quality or ground water or surface water quality;
(e) The proposed use will not adversely affect scenic quality or natural landscapes, environment, wildlife and wildlife habitat or, if such effects are anticipated to occur, the reclamation plan provides for adequate restoration of the site following completion of the excavation activity;
(f) The activity will be compatible with existing development and development anticipated in the future, including other uses as shown in the Comprehensive Plan, including, but not limited to, patterns of land use, recreational uses, existing or planned development, public facilities, open space resources and other natural resources;
(g) The activity will not unduly affect buffers and screening year-round from unsightly features of the excavation operation;
(h) The activity will not result in the disturbance of a natural community;
(i) The reclamation plan provides adequate and appropriate restoration and stabilization of cut-and-fill areas;
(j) The excavation activity will not result in negative impacts on drainage patterns or storm water management facilities;
(k) The proposed activity will minimize impacts on wetlands and other natural features affecting ground water or surface water quality;
(l) The intensity and anticipated duration of the proposed excavation activity is appropriate for the size and location of the activity;
(m) Permanent and interim erosion and sediment control plans have been approved by the city;
(n) Surety has been provided that guarantees the site will be fully restored, after completion of the excavating activity, to a safe condition, and one that permits reuse of the site in a manner compatible with the Comprehensive Plan, neighborhood plans, specific plans and applicable city policies; and
(o) A schedule of appropriate tipping and host fees has been established and included in the development order approving the CUP.
(D) Separation distances.
(1) Generally. Required minimum distance of specific on-site activities for quarries, sand or gravel excavation (when the proposed activity will exceed 24 months) or substantial land alteration (when the proposed activity will exceed 24 months) from adjacent property zoned residential, commercial and industrial shall be as shown in Column (A) of Table 153.1362(A) above. In lieu of Column (A) of Table 153.1362(A) above, a Type E buffer is installed consistent with §§ 153.1120 through 153.1130 of this chapter, the required distance of specific on-site activities from adjacent property zoned residential, commercial and industrial shall be as shown in Column (B) of Table 153.1362(A) above.
(2) Short-term activities. Required minimum distance of specific on-site activities for sand or gravel excavation or substantial land alteration (when the proposed activity will not exceed 24 months) from adjacent property zoned residential, commercial and industrial shall be as shown in Column (C) of Table 153.1362(A) above. In lieu of Column (C) of Table 153.1362(A) above, if a Type E buffer is installed consistent with §§ 153.1120 through 153.1130 of this chapter, the required distance of specific on-site activities from adjacent property zoned residential, commercial, and industrial shall be as shown in Column (C) of Table 153.1362(A) above.
(3) Sound barrier. If a sound barrier is constructed that is capable of reducing sound levels at the nearest residential lot line to a level meeting the performance standards of the city’s Noise Ordinance, the required distance from residential zones for crushing, processing and blasting may be reduced to 500 feet.
(4) Required buffer yards.
(a) During the excavation activity, a minimum buffer yard of 100 feet shall be maintained adjacent to all property boundaries and all existing rights-of-way and any proposed rights-of-way for roadways included in the Comprehensive Plan or for which a major street plan has been prepared. Upon completion of the excavation activity, the buffer yard may be discontinued and the buffer yard land area may be used for development purposes.
(b) If the duration of an excavation activity will not exceed 24 months from the date of approval of an overlay zoning district or issuance of a CUP to the date of completion of all activities, buffer yard plantings shall not be required. In all other cases, buffer yard plantings are required to be installed within the first planting season.
(c) No excavation shall occur within the buffer yard and no storage of equipment or materials may be located within the buffer yard.
(d) A vegetated earthen berm for erosion control purposes pursuant to the required storm water run-off, erosion and sedimentation control plan may be placed in the buffer yard, where approved.
(e) An excavation activity shall have a minimum Type E buffer as required by §§ 153.1120 through 153.1130 of this chapter within the 50-foot buffer yard. The reviewing agency may require additional screening, including berms, to protect the adjacent property owners from the visual and operational impacts of the excavation activity.
(f) An excavation activity may be conducted closer than 50 feet from an adjacent platted or planned road right-of-way as identified on a major street plan, only if approved by the City Engineer and by the appropriate road authority.
(E) Quarries.
(1) Operation/performance standards. The following minimum operation/performance standards apply to quarries unless otherwise specified.
(a) Any topsoil removed from the surface and retained on the site shall be removed carefully and stockpiled in a manner to prevent erosion for reapplication to disturbed areas during reclamation.
(b) Hours of operation for quarries shall be limited to the hours of 7:00 a.m. to 10:00 p.m. for operational activities, including blasting, excavation, processing and hauling. Hours and days of operation may be restricted by the reviewing agency for operations within 1,000 feet of any residential uses or that rely on residential roadways for access.
(c) To the extent possible, designated truck routes shall be used for all hauling as well as for all access to the site. All other routes and access shall be approved by the City Engineer prior to CUP approval.
(d) Storm water run-off, erosion and sedimentation shall be controlled by a plan submitted to the city by the applicant and approved by the City Engineer, pursuant hereto. The plan shall address the compatibility of the proposed use with any adopted city drainage or storm water plans applicable to the area.
(e) The applicant shall provide signs on the property and along haul routes where deemed necessary to promote the safety and general welfare of the neighborhood and general area. Required signs may include, but shall not be limited to, “No Trespassing”, “Trucks Hauling”, “Blasting” and “Danger”. Other signs may be required if necessary.
(f) Operations shall maintain compliance with local and state standards for noise, dust and vibration. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise and vibration. Access roads shall be maintained in a dust-free condition by surfacing or other treatment on a regular basis as may be specified by the City Engineer. A water truck for the purposes dust control may be required on site.
(g) Adequate dust control methods shall be implemented. Roadways adjacent to the property shall be swept and cleaned on a regular basis and when directed by the City Engineer as being necessary.
(h) A performance bond or other financial security in an amount satisfactory to the City Engineer, and in a form approved by the City Attorney, shall be secured from the applicant to ensure that all standards are fully met during operation and to ensure that proper reclamation of the site is completed in a timely manner.
(i) A six-foot continuous security fence shall be provided around the entire perimeter of the property on which the quarrying activity will take place. Additional fencing requirements may be imposed on portions of the site abutting residentially zoned or planned areas, parks, playgrounds, sidewalks, trails, schools, churches and other public facilities and gathering places.
(j) Where a stockpile is visible from an arterial roadway or residential district, the height of a stockpile may be limited by the reviewing agency to the lowest height that is economically feasible on the site. In no case shall the height of a stockpile exceed 50 feet for permanent stockpiles and 75 feet for temporary stockpiles unless the reviewing agency finds that the stockpile would not be visible from an arterial roadway or residential district.
(k) Any lighting or signage, other than security signage, on the property shall meet the standards for the zoning district in which the activity is located.
(l) A blasting plan shall be submitted to the city’s Public Works and Planning Departments with proof of insurance in an amount and form as approved by the City Attorney. Such activity shall be conducted only by licensed, insured individuals or entities and shall be in conformance with all applicable federal, state and local regulations.
(m) No quarry activity shall be conducted in such a manner as to permanently lower the water table of surrounding properties, except in quaternary deposits, nor shall such excavation activity cause the drainage of a wetland without the applicant first obtaining an approved wetland replacement plan.
(n) A weight scale may be required to be located at the site and, if necessary, other restrictions may be imposed if roadways adjacent to the site and operations are not suitable for heavy truck traffic. A record of all truck load weights exiting the site must be maintained for at least two years as evidence of weight limit compliance, and such records shall be available for inspection by the City Engineer.
(o) Where applicable, no excavation shall occur within 100 feet of a protected water body, unless otherwise permitted by the state’s Environmental Protection Agency. Where excavation occurs on more than one side of a protected water body, a setback of 50 feet may be maintained on one side when a setback of 200 feet or more is maintained on the other, if approved by the state’s Environmental Protection Agency and the City Engineer.
(2) Reclamation. See subsection (H) below.
(3) Postreclamation land use.
(a) If the owner proposes to construct structures on the site as part of the postreclamation land-use activities, all of such uses shall be specified.
(b) The owner shall submit all necessary documentation for such proposed uses, including, but not limited to, a site plan, an application for rezoning, an application for a development approval or other required documentation necessary for approval of the proposed use on the reclaimed site.
(c) Where a development is proposed as part of a postreclamation plan, all applicable development approvals are required by the UDC.
(F) Sand or gravel excavation.
(1) Operation/performance standards. The following minimum operation/performance standards apply to sand and gravel excavation activities unless otherwise specified:
(a) Any topsoil removed from the surface and retained on the site shall be removed carefully and stockpiled in a manner to prevent erosion for reapplication to disturbed areas during reclamation.
(b) Hours of operation shall be limited to the hours of 7:00 a.m. to 10:00 p.m. for operational activities, including blasting, excavation, dredging, processing and hauling. Hours and days of operation may be restricted by the reviewing agency for operations within 1,000 feet of any residential areas or that rely on residential roadways for access.
(c) To the extent possible, designated truck routes shall be used for all hauling as well as for all access to the site. All other routes and access shall be approved by the City Engineer prior to CUP approval. The plan shall address the compatibility of the proposed use with the city storm water management plan or adopted city drainage or storm water policies applicable to the area.
(d) Storm water run-off, erosion and sedimentation shall be controlled by a plan submitted to the city by the applicant and approved by the City Engineer. The plan shall address the compatibility of the proposed use with any required governmental entity water quality plan and the city’s storm water management plan or adopted city drainage or storm water policies applicable to the area.
(e) The applicant shall provide signs on the property and along haul routes where deemed necessary to promote the safety and general welfare of the neighborhood and general area. Required signs may include, but shall not be limited to, “No Trespassing”, “Danger - No Swimming” and “Trucks Hauling”. Other signs may be required if necessary.
(f) Activities shall be phased to identify the sequence of operation. A new phase shall not begin until at least 50% of an active/current phase is reclaimed as per the reclamation plan and the city has verified the completion of the reclamation of the phase to the extent that it can be reclaimed.
(g) Operations shall maintain compliance with local and state standards for noise, dust and vibration. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise and vibration. Access roads shall be maintained in a dust-free condition by surfacing or other treatment on a regular basis as may be specified by the City Engineer. A water truck for the purpose of dust control may be required on site.
(h) Adequate dust control methods shall be implemented. Roadways adjacent to the property shall be swept and cleaned on a regular basis and when directed by the City Engineer as being necessary.
(i) A performance bond or other financial security in an amount satisfactory to the City Engineer and in a form approved by the City Attorney shall be secured from the applicant to ensure that all applicable standards are fully met during operation and to ensure that proper reclamation of the site is completed in a timely manner.
(j) A six-foot continuous security fence shall be provided around the entire perimeter of the property on which the sand or gravel excavation activity will take place. Additional fencing requirements may be imposed on portions of the site abutting residentially zoned or planned areas, parks, playgrounds, sidewalks, trails, schools, churches and other public facilities and gathering places.
(k) Where a stockpile is visible from an arterial roadway or residential district, the height of a stockpile may be limited by the reviewing agency. In any case, the height of a stockpile may not exceed 50 feet for permanent stockpiles and 75 feet for temporary stockpiles in a non-residential district.
(l) Any lighting or signage, other than security signage, on the property shall meet the standards for the zoning district in which the activity is located.
(m) No excavation operation shall be conducted in such a manner as to permanently lower the water table of surrounding properties, except in quaternary deposits, nor shall such excavation activity cause the drainage of a wetland without the applicant first obtaining an approved wetland replacement plan.
(n) A weight scale may be required to be located at the site and, if necessary, other restrictions may be imposed if roadways adjacent to the site and operations are not suitable for heavy truck traffic. A record of all truck load weights exiting the site must be maintained for at least two years as evidence of weight limit compliance, and such records shall be available for inspection by the City Engineer or the agents of other applicable road authorities.
(o) Where applicable, no excavation shall occur within 100 feet of a protected water body unless otherwise permitted by the state’s Environmental Agency. Where excavation occurs on more than one side of a protected water body, a setback of 50 feet may be maintained on one side when a setback of 200 feet or more is maintained on the other, if approved by the Illinois Environmental Agency and the City Engineer.
(2) Reclamation standards. See subsection (H) below.
(G) Land alteration. The following minimum operation/performance standards shall apply to all other substantial land alteration activities unless otherwise specified:
(1) Any topsoil removed from the surface and retained on the site shall be removed carefully and stockpiled in a manner to prevent erosion for reapplication to disturbed areas during reclamation.
(2) Hours of operation shall be limited to the hours of 7:00 a.m. to 10:00 p.m. for operational activities, including blasting, dredging, excavation, processing and hauling. Hours and days of operation may be restricted by the reviewing agency for operations within 1,000 feet of any residential areas or that rely on residential roadways for access.
(3) To the extent possible, designated truck routes shall be used for all hauling as well as for all access to the site. All other routes and access shall be approved by the City Engineer.
(4) Storm water run-off, erosion and sedimentation shall be controlled by a plan submitted to the city by the applicant and approved by the City Engineer. The plan shall address the compatibility of the proposed use with the county water quality plan and the city’s storm water management plan or adopted city drainage or storm water policies applicable to the area.
(5) The applicant shall provide signs on the property and along haul routes where deemed necessary to promote the safety and general welfare of the neighborhood and general area. Required signs may include, but shall not be limited to, “No Trespassing”, “Trucks Hauling”, “Danger” and “Blasting”. Other signs may be required if necessary.
(6) Activities shall be phased to identify the sequence of operation. A new phase shall not begin until at least 50% of an active/current phase is reclaimed as per the reclamation plan and the city has verified the completion of the reclamation of the phase to the extent that it can be reclaimed.
(7) Operations shall maintain compliance with local and state standards for noise, dust and vibration. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise and vibration. Access roads shall be maintained in a dust-free condition by surfacing or other treatment on a regular basis and as may be specified by the City Engineer. A water truck for the purposes of dust control may be required on site.
(8) Adequate dust control methods shall be implemented. Roadways adjacent to the property shall be swept and cleaned on a regular basis and when directed by the City Engineer as being necessary.
(9) A performance bond or other financial security in an amount satisfactory to the City Engineer and in a form approved by the City Attorney shall be secured from the applicant to ensure that all applicable standards are fully met during operation and to ensure that proper reclamation of the site is completed in a timely manner.
(10) A six-foot continuous security fence shall be provided around the entire perimeter of the property on which the substantial land alteration activity will take place. Additional fencing requirements may be imposed on portions of the site abutting residentially zoned or planned areas, parks, playgrounds, sidewalks, trails, schools, churches and other public facilities and gathering places.
(11) Where a stockpile is visible from an arterial roadway or residential district, the height of a stockpile may be limited by the reviewing agency. In any case, the height of a stockpile may not exceed 50 feet for permanent stockpiles and 75 feet for temporary stockpiles in a non-residential district.
(12) Any lighting or signage, other than security signage, on the property shall meet the standards for the zoning district in which the activity is located.
(13) A blasting plan shall be submitted to the city’s Fire, Public Works and Planning Departments with proof of insurance in an amount as approved by the City Engineer and in a form as approved by the City Attorney. Such activity shall be conducted only by licensed, insured individuals or entities and shall be in conformance with all applicable federal, state and local regulations.
(14) No excavation operation shall be conducted in such a manner as to permanently lower the water table of surrounding properties, except in quaternary deposits, nor shall such excavation activity cause the drainage of a wetland without the applicant first obtaining an approved wetland replacement plan.
(15) A weight scale may be required to be located at the site, and, if necessary, other restrictions may be imposed if roadways adjacent to the operations are not suitable for heavy truck traffic. A record of all truck load weights exiting the site must be maintained for at least two years as evidence of weight limit compliance, and such records shall be available for inspection by the City Engineer.
(16) Where applicable, no excavation shall occur within 100 feet of a protected water body unless otherwise permitted by the state’s Environmental Protection Agency. Where excavation occurs on more than one side of a protected water body, a setback of 50 feet may be maintained on one side when a setback of 200 feet or more is maintained on the other, if approved by the state’s Environmental Protection Agency and the City Engineer.
(17) A traffic analysis may be required by the City Engineer to determine the impacts of the truck traffic generated by the land alteration activity on the traffic safety and service levels of area roads and intersections in the vicinity of the site.
(H) Reclamation standards. The minimum reclamation standards in subsections (H)(1) through (H)(10) below shall apply to quarries unless otherwise specified.
(1) Topsoil. Topsoil capable of sustaining vegetative growth shall be provided and evenly spread on all disturbed areas.
(2) Timing.
(a) Disturbed areas shall be stabilized and seeded at the earliest possible time or as specified, and any development approvals issued for the proposed use shall establish a schedule for stabilization and temporary and permanent seeding for the site.
(b) For quarries and sand and gravel excavation, seeding and planting shall occur during the appropriate seasons and times of year in accordance with published regulations, standards or guidelines for this climate and region issued by the state’s Environmental Protection Agency.
(c) For sand and gravel excavation, progressive reclamation practices shall be utilized to continue to reclaim and stabilize disturbed areas prior to moving to a new phase.
(3) Drainage. Any alteration of the natural drainage system or public waters or jurisdictional wetlands shall not adversely affect any other adjacent properties or public facilities.
(4) Erosion control.
(b) Silt fences, bale checks, sediment basins and other similar structures and methods that require ongoing maintenance do not satisfy the requirements of this section for long-term reclamation. The intent of final reclamation is to leave the site in a maintenance-free and stable condition.
(c) Seeding shall be done in accordance with National Resources Conservation Service technical standards.
(d) All exposed area shall be seeded and stabilized with an appropriate seeding mixture in order to prevent erosion. Sodding or other erosion control methods or materials approved by the City Engineer may be required for highly erodible areas or in areas where seed growth cannot be established in a reasonable time period.
(e) All equipment, stockpiles, debris, signs, silt fences and other erosion control structures shall be removed from the site after completion of the activity.
(f) Adjacent roadways shall be swept and cleared of loose or foreign materials resulting from the reclamation operation.
(g) Erosion control measures shall be kept in place until permanent vegetation has been established on site and erosion is controlled.
(5) Water bodies; shaping and enhancement. For sand and gravel excavation:
(a) Where water bodies are created in commercial and residential zones, only free-form and natural-form water bodies will be allowed. All water bodies shall include variation in shoreline and depth and shall include curvilinear shorelines; and
(b) Where practical, the minimum size of water bodies fed by ground water and not connected to streams shall be five acres with a minimum average depth of 24 to 30 feet. Shallow water bodies may be considered where the applicant can provide evidence that such water body will not result in poor water quality and that it will not result in a nuisance to the area.
(6) Slope. For sand and gravel excavation:
(a) No site shall exceed three feet horizontal to one foot vertical incline over a distance of 30 feet. This angle of repose shall be modified to a flatter angle, but not a steeper angle, if it is shown that the site will be unstable at a 3:1 ratio or that vegetation cannot be established on the 3:1 slope. This provision may be waived or modified by the reviewing agency upon the recommendation of the City Engineer.
(b) For all locations where water bodies are created, the slope of the bottom of the lake from water’s edge shall not exceed 4:1 for a distance of 20 feet from the water’s edge and shall not exceed a depth of ten feet beyond that point for a distance of 20 feet. The slope above the water’s edge shall not exceed 3:1 for a distance of 20 feet from the water’s edge.
(7) Revegetation. In addition to required seeding, the reclaimed site shall be landscaped. The applicant shall have the flexibility to arrange plant material to best suit the ultimate proposed use and design of the property; provided that:
(a) At least eight deciduous and eight evergreen trees from the city’s approved plant list are planted for each disturbed acre; and
(b) At least 25% of required trees are planted within 30 feet of the perimeter of the site.
(8) Cleanup and maintenance.
(a) All equipment, stockpiles, debris, signs, silt fences and other erosion control structures shall be removed from the site after completion of the activity.
(b) Adjacent roadways shall be swept and cleared of loose or foreign materials resulting from the reclamation operation.
(c) A permanent six-foot security fence shall be provided along the perimeter of the entire site to protect adjacent residentially zoned or planned areas, parks, playgrounds, sidewalks, trails, schools, churches and other public facilities and gathering places.
(9) Final reclamation. Final reclamation of each phase of the operation shall be completed within six months of completion of each phase of the operation. Extensions may be granted by the Code Enforcement Officer not exceeding six months. No development approvals shall be issued on the property prior to completion of reclamation of the site.
(10) Postreclamation land use.
(a) If the owner proposes to construct structures on the site as part of the postreclamation land-use activities, all such uses shall be specified.
(b) The owner shall submit all necessary documentation for such proposed uses, including, but not limited to, a site plan, an application for rezoning, an application for a development approval or other required documentation necessary for development approval of the proposed use on the reclaimed site.
(I) Financial assurances.
(1) Financial assurances shall be required in an amount as determined by the City Engineer, but in no event to be less than $10,000, and in a form approved by the City Attorney and the finance director, prior to commencement of any substantial land alteration, quarry or sand or gravel excavation activity.
(2) Financial assurances may be in the form of surety bonds, irrevocable letters of credit or cash bonds. Other alternatives providing adequate assurance may be considered by the City Attorney and the Finance Director and, if approved by them, may be recommended to the city.
(3) Failure to stabilize the site, failure to make necessary corrections and improvements to roadways caused by the excavation activity, failure to reclaim the property as specified in the approved reclamation plan and other inconsistencies between the approved operations and reclamation plans and actual activities shall, at the discretion of the city, be cause for the city to redeem the financial assurance to make the necessary corrections.
(J) Inspection and monitoring.
(1) Annual inspection and report.
(a) At the discretion of the Code Enforcement Officer, not less frequently than once per year, the appropriate city officials may undertake and conduct a detailed inspection of the site, using the required plans and information; the appropriate standards for the activity; the development approvals, with or without conditions and other relevant information; and commitments to the compliance checklist.
(b) Based on the annual inspection and the compliance checklist, the city may identify any and all violations of the terms and conditions of the plans and development approvals.
(c) In addition to the annual inspection, the city may make “spot” inspections at any time during the year, and multiple times as may be deemed appropriate utilizing the compliance checklist, and shall report such findings to the appropriate city officials.
(d) The Code Enforcement Officer may prepare a “project compliance sheet” for each quarry, sand or gravel excavation, and substantial land alteration activity as defined herein, and may compile the individual “project compliance sheet” into an annual report for presentation to the City Administrator.
(2) Monitoring.
(a) At the discretion of the Code Enforcement Officer, the city may, in addition to site inspections, monitor the issuance of the development approvals for the above-described “excavation activities” on a broader level, considering such issues as:
1. The concentration of such activities and the effect of such concentration on particular neighborhoods and areas of the city;
2. The effect of such activities on the transportation system and the provision of other required public facilities and services;
3. The effect of numerous “excavation activities” on air and water quality and the environment;
4. The effect of such activities on the land values of adjacent and nearby properties;
5. The extra expenses incurred by the city relative to the operation and/or reclamation of such activities;
6. The actual usability of the sites after reclamation;
7. The average duration of “excavation activities”; and
8. The average time it takes to fully reclaim a site and make it available for an alternative use.
(b) Based on the information collected, the City Manager may prepare an annual monitoring report for review by the Code Enforcement Officer and, at the Code Enforcement Officer’s discretion, by the Board of Adjustment.
(Ord. 3020, passed 9-10-2013, § 7.20)