(A) This subchapter is to inform the public of the significant potential for the development of extractive industry within the county and to minimize the adverse effects of extractive industry development on public and private land uses within the county. The county recognizes that the orderly development of extractive industry is essential to the economic well-being of its residents and to the needs of society. The county likewise recognizes that conflicts may arise when extraction occurs in proximity to less intensive land uses. This subchapter will serve to inform the public that lands in the county may be subject to extractive industry development by surface and/or underground means. This subchapter also informs developers of additional requirements for securing a conditional use permit for extractive industry development in the county.
(B) The County Commission hereby finds and declares that:
(1) Extractive industry is essential to the economic well-being of the county and to the needs of society, and that reclamation of affected lands is necessary to prevent or minimize adverse effects to the environment, provide for future beneficial land use, and to protect the public health and safety;
(2) Extractive industry and associated activities and facilities may be allowed in zoning districts as described in Chapter 6 of this zoning title, subject to the provisions and regulations set forth in this subchapter and special requirements and conditions may be required and included in the permit, when deemed necessary, for the protection of public and private interests;
(3) Each new large-scale extractive industry development shall be required to prepare a socioeconomic impact study, at the operator’s expense, to identify actual and potential impacts to units of local government and adjacent land uses arising from the development of lands within the county;
(4) Each new small-scale extractive industry development may be required to prepare a socioeconomic impact study, at the operator’s expense, to identify actual and potential impacts to units of local government and adjacent land uses arising from the development of lands within the county;
(5) Land use conflicts that may result from development of lands by extractive industry shall be minimized by the provision for adequate buffer zones, mutually beneficial to all concerned;
(6) Off-site mitigation may be required when the county deems the proposed reclamation of land disturbed by an extractive industry to be undesirable or insufficient for practical future beneficial use;
(7) Reclamation of lands within the county for future beneficial use is a matter of local concern and jurisdiction, for the protection of the public interest, health, and safety;
(8) Extractive industry development may occur in areas of diverse geologic, topographic, biological, and social character, and reclamation of disturbed lands may vary from site to site; and
(9) An appropriate buffer zone, extending outward from the area of disturbance, shall be established at the discretion of the County Commission upon evaluation of the considerations found in § II-20.008. The standard buffer zone shall be no less than 500 feet from the area of disturbance, subject to the application of the provisions of §§ II-20.030 through 20.035 in such case the buffer zone may be less than 500 feet.
(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.1; Ord. 16-03, passed 7-21-2017)