(A) The purpose of this section is to recognize that surface operations in urban areas are land uses with unique environmental effects calling for special regulatory controls to ensure that:
(1) Extraction, processing, and fill operation areas shall operate in a manner that is compatible with the natural and man-made environment;
(2) Adverse impacts on nearby residential and institutional areas and on property values are minimized; and
(3) Mined and filled areas are restored to productive use compatible with their surroundings.
(B) Applicability. Any surface extraction or processing, CCDD, USFO, or other type of filling of earth materials shall be permitted only as a conditional use in only those districts that so provide, and/or as a permitted or conditional use in the Agriculture and Mining Overlay (AMO) District. Earth materials shall include topsoil, earth, clay, gravels, sand, stone and other minerals. Provisions of this chapter applicable to conditional uses, such as a required public hearing, shall apply to surface mining and fill operations except as otherwise provided herein.
(C) Exemptions. Any operation legally begun prior to the date of adoption of this chapter shall be exempt from all requirements of this section as applicable to the property being mined and/or filled as of this date. Except that such operation shall not be exempt from:
(1) Meeting requirements herein concerning:
(a) Hours of operation;
(b) Spillage;
(c) Fencing, landscaping, and screening;
(d) Safety;
(e) Notice; and
(f) Maintenance of site.
(2) Meeting all requirements herein on any expansion or enlargement of the operation onto additional property not being mined and/or filled on the date of adoption; and
(3) Meeting such requirements on the original property as a prerequisite to such expansion to the extent the President and Board of Trustees shall judge practical.
(4) No permit shall be required for the following classes of excavation, grading, or filling operations:
(a) Building permit. Under provisions of a duly issued building permit.
(b) Incidental excavation, grading or filling. Excavation and removal of excavated material, and filling shall be permitted in any zone provided such operation is clearly incidental to the improvement of the property, and consists of less than two (2) cubic yards of material and the area is graded and covered by revegetation or other suitable means.
(c) Excavation for streets and drains. Necessary grading, removal or excavation of topsoil or other materials shall be permitted within the limits of the right of way or slope rights of any existing street, or for the purpose of constructing streets and other related improvements within the area of subdivision or final engineering plans approved by the Village Board, which plans shall establish the elevations and grades of said street and/or the location of the improvements, and for which a construction permit has been issued for such street or drain.
(d) Other construction work. Construction work relating to drains and utilities that have secured a construction permit from the village and/or other required oversight agencies.
(e) Farming. The provision of this section shall be construed as prohibiting or limiting the lawful use of land for farming, nurseries, or gardening, or similar agriculture or horticulture use an any agriculturally zoned district where said uses are permitted.
(D) Maximum term of conditional use permit. No conditional use permit for an extraction and/or filling operation shall be issued or renewed for a period to exceed ten years. All permits shall be renewable.
(E) Contents of conditional use application. In addition to other requirements herein for conditional use applications, all applications for conditional use permits for extraction and/or fill operations shall include the following:
(1) A map or maps at a scale of 1 inch to 100 feet showing:
(a) Existing topography at two-foot contour intervals;
(b) Locations of existing watercourses and drainage systems;
(c) Location and extent of flood hazard areas;
(d) Boundaries of the area to be excavated, graded, and/or filled and of each phase thereof if excavation, grading, and/or filling is to proceed in phases;
(e) Locations of structures, equipment and materials storage and stockpiling areas, equipment repair areas and processing areas;
(f) Locations of equipment used for grading, crushing, sorting, filling and other purposes;
(g) Location, orientation, and dimensions of proposed landscaping, berming, screening, fencing and gates;
(h) Locations, dimensions and surface treatment of proposed entrance and exit drives, on-site haul roads, acceleration or deceleration lines and parking areas;
(i) Access routes between the property and the nearest arterial street as designated on the village Comprehensive Plan;
(j) Location, width and grade of all rights-of-way or easements on or abutting the property;
(k) Typical cross- sections showing extent of overburden, extent of deposits of materials to be extracted, graded, and/or filled, and water table; and
(l) North arrow, scale, date of preparation and name of registered civil engineer, landscape architect or surveyor that prepared the map.
(m) The portion of the property that is to be excavated, graded or filled.
(n) When applicable, the location and depth of any well situated within 50 feet of the proposed excavation and/or filling.
(2) Descriptions of:
(a) Types and disposition of earth products to be mined and/or used as fill. No new fill operation shall be conducted with any material except clean, non-burnable fill containing no trash, refuse, or harmful matter;
(b) Character and composition of vegetation and wildlife on land to be affected;
(c) Nature, depth and proposed disposition of overburden;
(d) Estimated depth, type and quantity of material to be excavated, graded, or filled, and the estimated part thereof that will be used for grading or filling;
(e) Techniques of extracting and processing and filling to be used;
(f) Equipment to be used;
(g) Practices to be used to minimize environmental effects such as noise, dust, vibration and pollution of air and surface and underground water;
(h) Recycling of water used for washing and grading and proposed usage and drainage of excess water;
(i) Proposed days and hours of excavating and processing, grading and filling; and
(j) Estimated dates of beginning and completion of all operations on the site.
(3) A reclamation plan meeting the requirements herein; and
(4) A bond meeting the requirements herein.
(5) Upon written request of the applicant, application information concerning subsections (2)(a) and (d) shall be held confidential.
(F) Contents of reclamation plan. The reclamation plan required hereunder shall include a map at a scale of one inch to 100 feet showing the final condition of the site after extraction and processing, and/or filling activities have been completed conforming with the provisions on finished site conditions herein, including:
(1) Locations of proposed watercourses, water features and drainage systems;
(2) Future structures, land uses, roadways and open spaces;
(3) Staged schedule of reclamation actions by area detailing dates of completion and reclamation methods and materials;
(4) Future landscaping and ground cover; and
(5) Final grading.
(G) Compliance with state and federal regulations. In addition to the requirements herein, all operations shall comply with the Illinois Surface-Mined Land Conservation and Reclamation Act, the Illinois Clean Construction and Demolition Debris standards, the Illinois Uncontaminated Soil Fill Operations standards, the regulations of the Illinois and U.S. Environmental Protection Agencies, and other applicable state and federal laws and regulations.
(H) Abandonment or termination. A new conditional use permit shall be required for any operation where the operator has not demonstrated an intent to resume operations during a period of 12 months after on-site extraction and processing and/or fill operations have ceased.
(I) Inspection. The village or duly appointed representative shall inspect each operation for compliance with the provisions herein at least semi-annually.
(J) Staged reclamation action. Reclamation according to the reclamation plan shall be pursued and completed in stages as excavation and filling progress. All reclamation provided for hereunder shall be carried out to completion by the operator prior to the expiration of three years after active use has ceased. When an extension of the reclamation period is necessary to allow continued mining operations and to accomplish acceptable reclamation, such extension shall be made at the discretion of the village and subject to the approval of all applicable state agencies.
(K) Prohibited excavation, grading, or filling. No excavation, grading or filling shall be permitted which would interfere with the natural drainage of the general area surrounding the site. All existing watercourses shall be preserved, except that such watercourses may be relocated or piped, provided that it will not create any interference with the riparian and drainage rights or easements of other property owner, and provided further that no drainage shall be made onto public land or connected with public facilities without the express approval of the Village Board, except with respect to land controlled by any other separate governing body that does not fall under village jurisdiction, in which even such approval shall be obtained from those other governing bodies.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 18-O-14, passed 5-15-2018; Ord. 19-O-02, passed 1-15-19)