(A) Water table.
(1) Maximum excavation depth shall not be below existing groundwater except where the reclamation plan provides for a water feature or for refilling of such excavation. Any such refilling shall be in conformance with applicable state and federal laws and regulations governing ground water pollution.
(2) No extraction operation shall permanently and harmfully lower the water table of surrounding inhabited properties.
(3) Water pumped from the site for washing shall be retained in a pond until the silt and clay settles and then recycled in the area affected.
(B) Hours of operation. To reduce the harmful impact of noise on surrounding properties, all surface mining, CCDD, USFO and other related fill operations shall be conducted only during the hours indicated below except during periods of public emergency in which material excavated at the site are needed.
Sundays or Legal State or National Holiday
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All Other Times
| |
Operation of crushers | At no time | 6:00 a.m. to 6:00 p.m. |
Washing of gravel | At no time | All hours (electric pumps only) |
All other operations including loading and maintenance | At no time | 6:00 a.m. to 8:00 p.m. |
(C) Spillage. Trucks hauling excavated and/or fill material shall be loaded or covered so as to prevent spillage onto public streets. Any spillage on such streets shall be removed by the operator at least once every 24 hours.
(D) Barrier screening requirements.
(1) A barrier screening plan must be approved by the Village Board. Said plan to include, but not be limited to an earth berm, a solid or sound attenuating fence or wall, landscaping, or a combination thereof. Said barrier must be sufficient to:
(a) Screen the operation from view of a public streets, public park, and/or adjacent properties developed as residential; and
(b) Discourage trespass by the public; and
(2) The barrier screening plan may pursuant to Village Board approval defer or waive the implementation, construction and/or installation of the required barrier screening measures, if:
(a) Mineral extraction, CCDD, USFO, and/or fill activity is adjacent to property that is owned or under the control of the mining, CCDD, USFO, and/or fill operator; or
(b) Mineral extraction activity is 1,000 feet or more from the abutting property and does not create an impact based upon the barrier screening requirements set forth in division (D)(l) through (7) herein.
(3) In cases where an earth berm is required, the minimum slope shall be three to one and said berm shall be planted with trees a minimum of ten feet tall at time of planting and spaced a maximum of 25 feet apart. The earth berm shall also include ground cover over its entire surface—except for portions planted in trees, shrubs, flowers—no later than the next growing season after its installation.
(4) Where the required screening abuts property used as a public park, public right of way or developed with residential dwelling units, the berm or other approved screening improvements shall be a minimum of 50 feet from said boundary line.
(5) Entrances and exits to the property shall be provided with gates that shall be securely locked during hours of in operation.
(6) Existing trees and ground cover within the required yards shall be preserved wherever possible. Weeds shall be cut or trimmed as necessary to present a reasonably neat appearance, to prevent seeding on adjoining property, and to reduce the hazard of grass fires.
(7) As long as the earthen berms and/or required screening measures are proceeding pursuant to an approved construction schedule, mineral extraction, CCDD, USFO, and/or fill operations may occur.
(E) Entrances.
(1) A maximum of one driveway onto public streets shall be provided.
(2) Where possible, the driveway shall avoid routing of vehicles used in the operation over streets primarily serving residential areas. Where necessary in the judgment of the President and Board of Trustees, paved acceleration and deceleration lanes at least 100 feet in length shall be provided on either side of an entrance or exit.
(3) To minimize airborne dust and the deposit of dirt and gravel on public streets, a drive into the site of not less than 300 feet from the public streets right-of-way at each entrance or exit shall be either paved or oiled or sprayed with calcium chloride or a similar product to create a dust-free surface.
(F) Safety. All operations shall be conducted in a safe manner so as to prevent harm to the public and damage to adjacent properties or adjacent public streets.
(G) Staged removal of overburden. Overburden shall not be removed from more land than is to be mined or filled within one year, except that an operator may remove overburden from more land than is to be mined or filled within one year in order to build the berms as required by Village Ordinance. Removal of overburden shall comply with all applicable erosion control and drainage standards as outlined in the County Watershed Development Ordinance, and with all applicable performance standards as outlined in §§ 22.195 through 22.207 of this chapter.
(H) Yards. Notwithstanding other provisions of this chapter, the following minimum distances shall be observed for surface mining, CCDD, and/or fill operations:
Operation
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Minimum Distance in Feet
|
Measured From Operation To
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Crushing below grade | 400 | Boundary of any non-industrial district or property line of any school or hospital |
All other crushing | 750 | Boundary of any non-industrial district or property line of any school or hospital |
All other operations | 100 | Boundary of any non-industrial district or property line of any school or hospital |
50 | All other property lines |
(I) Noise. Performance standards for noise herein applicable to heavy industry shall apply to all operations. Operations producing the highest levels, such as crushing machines or haul roads for truck movement, shall be located as far from lot lines as practical.
(J) Maintenance of site. The site shall be maintained in a neat and orderly condition, free of junk, trash or unnecessary debris. Buildings shall be maintained in good repair and appearance. Salvageable equipment stored in non-operating condition shall be screened or enclosed.
(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)