(A) Intent and purpose. It is the intent and purpose of this section to promote the underlying spirit and intent of the entire zoning code, but at the same time allow for the extraction of minerals in locations where they have been naturally deposited, and to ensure that mineral mining activity shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use, and, to ensure that mineral mining activities are consistent with the public health, safety, and welfare of the village.
(B) Use restriction. Mineral mining and extractive operations may be considered as a conditional use in the I-2 District. The extraction, removal, and/or processing of sand, gravel, stone, and/or other mineral mining in the village shall be prohibited unless first authorized by the grant of a conditional approval use application by the village in accordance with this section and § 151.022.
(C) Exemption. Usual and customary land balancing by cutting and filling, in preparation for immediately planned and approved development in accordance with this and all other applicable ordinances and law, shall be exempted from the provisions of this section.
(D) Application. An application shall be filed with the Zoning Administrator and shall include the following:
(1) Site plan prepared in accordance with § 151.023;
(2) Vertical aerial photograph, enlarged to a scale of 1 inch equals 200 feet, from original photograph flown at a negative scale no smaller than 1 inch equals 660 feet. The date of the aerial photograph shall be certified, and shall have been flown at the time as the foliage shall be off of on-site trees, provided, if there are changes in the topography from the date of the photograph, an accompanying text shall be provided explaining each change. The vertical photograph shall cover:
(a) All land anticipated to be mined in the application, together with adjoining land owned by the applicant;
(b) All contiguous land which is or has been used by the owner or leasehold applicant for mineral extraction and/or processing and/or storage, and all contiguous (land) in which the applicant or any affiliate has a current interest;
(c) All lands within 1/2 mile of the proposed mining area;
(d) All private and public roads from which access to the property may be immediately gained;
(e) Boundary of the entire planned mining area by courses and distance;
(f) Site topography and natural features including location of water courses within the planned mining area; and
(g) Means of vehicular access to the proposed operation.
(3) Duration of proposed operation, and location, timing, and any other relevant details with respect to the phasing and progression of work on the site;
(4) Land use study/drawing showing the existing land uses with specification of type of use, e.g., single-family residential, multiple-family residential, retail, office, and the like, and density of individual units in areas shown, including:
(a) Property within a radius of 1 mile around the site; and
(b) The property fronting on all vehicular routes within the village contemplated to be utilized by trucks which will enter and leave the site.
(5) Geological/hydrological/engineering survey prepared by appropriate and qualified experts, indicating:
(a) All anticipated impact to the qualitative and quantitative aspects of surface water, ground water, and drainage during and subsequent to the operation to the geographical extent reasonably expected to be affected; and
(b) Opinion whether the exposure of subterranean waters and/or the impoundment of surface waters, where permitted, will establish a suitable water level at the level or levels proposed as part of the operation, and whether the same will not interfere with the existing subterranean water or cause any harm or impairment to the general public.
(6) Description of the vehicles, machinery, and equipment proposed for use on the property, specifying with respect to each, the anticipated noise and vibration levels.
(E) Review procedure.
(1) The Zoning Administrator shall forward the original of the application to the Village Clerk for the file, and forward the copies to the members of the Planning Commission, the Village Engineer, the Village Planner, and to the Road Commission.
(2) The Village Engineer and the Village Planner shall each file a report with the Zoning Administrator, together with a recommendation on the need for additional experts. The Zoning Administrator shall retain the original of these reports for the file, and forward copies to the Planning Commission.
(3) The Zoning Administrator shall request a report from the Road Commission regarding traffic safety relevant to the application and any road improvements deemed appropriate to protect the public health, safety, and welfare for areas located outside of the village.
(4) After receiving all reports, including any additional reports of experts recommended by the Village Engineer and/or Planner, if deemed appropriate the Planning Commission shall consider the application in accordance with the procedures set forth in § 151.022.
(5) (a) Reasonable conditions may be required with the approval of the application for the conditional land use, to ensure that public services and facilities affected by proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.
(b) Conditions imposed shall be reasonable and shall be in compliance with applicable law.
(F) Requirements and standards. The determination on applications submitted under this section shall be based upon the following requirements and standards, as determined in the discretion of the Planning Commission, and if the application is approved, the standards and requirements shall be maintained as a condition to continued operation and use by the applicant.
(1) Demonstration by the applicant that the proposed land use shall not result in a probable impairment to, pollution of, unreasonable impact upon, and/or destruction of the following:
(a) The water table and/or private wells of property owners within the reasonably anticipated area of impact during and subsequent to the operation;
(b) The course, quantity, and quality of surface water, ground water, and/or the watershed anticipated to be impacted by the operation; and
(c) The surrounding property and/or property along haul routes, in terms of noise, dust, air, water, odor, light, and/or vibration, and further, shall not unreasonably impact upon persons perceiving the operation in terms of aesthetics.
(2) The proposed land use shall not be incompatible with the surrounding uses, based upon an application of generally accepted planning standards and principles.
(3) The proposed land use shall not unreasonably burden the capacity of public services and facilities.
(4) The proposed land use shall have immediate and direct access to a paved road having a planned right-of-way not less than 120 feet and having necessary and appropriate load bearing and traffic volume capacity in relation to the proposed intensity of the use.
(5) All activities conducted in connection with the operation shall occur at least 160 feet from the nearest property line, provided, all processing and stockpiling shall be conducted at least 200 feet from the nearest property line.
(6) The hours of operation shall not reasonably interfere with usual and customary uses of land within the surrounding area anticipated to be impacted.
(7) The maximum duration of the proposed use, if conducted in or immediately adjacent to a residential zoning district, shall be 10 years.
(8) The site shall be secured with fencing and screened from all adjacent public highways and residentially used parcels.
(9) The total area being mined which has not been reclaimed shall at no time exceed 40% of the entire parcel.
(10) The proposed transportation route or routes within the village shall be as direct and minimal in detrimental impact as reasonably possible, as determined in the discretion of the village at the time of application, and thereafter.
(G) Reclamation. Reclamation of the site shall be in accordance with a reclamation plan approved by the village as part of the application review process. There shall be no final slopes having a grade in excess of a minimum ratio of 1 foot vertical to 5 feet horizontal, and, for permanent water areas, for a distance of not less than 10 feet nor more than 50 feet, the submerged slopes shall be graded from the water’s edge at a grade not in excess of a minimum ratio of 1 foot vertical to 7 feet horizontal; the entire site shall be planted with sufficient vegetation so as to sustain short and long term growth, in order to avoid erosion and washout, and, to the extent necessary to achieve this objective, suitable soils shall be placed on the property; and, all structures, machinery, equipment, and improvements shall be removed from the site. The Village Council shall have the right to impose performance bonds or letters of credit to ensure that the reclamation and restoration plans as submitted are implemented.
(Ord. 239, passed 3-5-2001, § 5.21) Penalty, see § 151.999