Sand and gravel deposits are non-renewable natural resources which are necessary and beneficial to the economy of the region. The standards in this section are intended to assure that removal in a manner that is compatible with the existing and proposed development and to insure the proper restoration of the land.
(a) Permits for such use shall be issued for a one (1) year period by the Council following a recommendation from the Commission. Unless the owner and/or operator of the extractive operation ignores and/or violates any conditions of approval, operation and restoration, the permit is renewable for one (1) year periods. To insure such compliance, the Building Official shall conduct periodic inspections and shall file a written notice to the permit holder if a violation is found in accordance with this section. Thirty (30) days prior to the renewal date of any such permit, the Zoning Inspector shall file a written report with the Commission on the status and compliance of the operation.
(b) Applications for a sand and gravel extraction permit shall include the following information, in addition to all additional information required as a part of site plan review and special land use review:
(1) Vertical aerial photograph, enlarged to a scale equal to one (1) inch equal to two hundred (200) feet, from an original photograph at a negative at a scale no smaller than one (1) inch equals one thousand (1,000) feet. The area covered by the vertical aerial photograph shall include: all land included in the petition; all contiguous land which is proposed to be used or has been used by the owner or leasehold applicant for any extraction, treatment or storage; and all public roads which can provide first point of access. Each such area or feature shall be delineated on the aerial.
(2) A land survey, prepared by an engineer or surveyor certified by the State to prepare such survey, drawn to a scale of one (1) inch equals two hundred (200) feet. This survey shall include the boundary of the entire tract by courses and distances, boundary of the area where the extraction is proposed, and the means of vehicular access to the proposed operation. An estimate of the quantity of excavation shall also be provided.
(3) Report by a qualified soil scientist, soils engineer or geologist regarding the effect the proposed operation will have upon the watershed. Particular attention shall be focused on the impact on the water table. The report shall indicate if water bodies are to be created and the anticipated permanence of such.
(4) A master plan for the extraction of the natural resource deposits. The plan shall include a timetable for various stages of the operation and a restoration plan indicating how the parcel will be reused. A timetable for extraction and restoration shall be included for each yearly permit requested; subsequent requests shall include an evaluation of work completed in the preceding year. The restoration plan shall include the proposed use of the parcel, the proposed topography drawn at contour intervals of two (2) feet, indication of water bodies and other major physical features, and the delineation of areas intended to be partitioned or subdivided, including a preliminary layout.
(5) An explanation of the access routes which will be used, together with an estimate of the size, weight, and frequency of trips. The proposed routing shall be submitted to the County Engineer for review. The Municipality shall report any circulation or routing problems to the applicant and County Engineer. After consultation with the County Engineer, the Municipality may request use of alternate access routes or limited use of existing problem routes.
(6) A detailed explanation of how the applicant intends to comply with the operating requirements contained in subsection (c), following.
(c) A sand and gravel extraction permit shall not be issued unless the applicant demonstrates that the operation will comply with all of the following requirements:
(1) The removal of sand, gravel, limestone or similar materials by excavation, stripping, mining or another method, and the on-site operations appurtenant to the extraction, including washing, grading, sorting, crushing and grinding operations, shall be carried on within the limits of an area approved for such activities. No natural resource extracted outside the limits of this area shall be brought in for washing, grading, or further processing, except in instances where the Council, following a Commission recommendation, finds that such activities will not conflict with the reasonable use and development of neighboring properties. Resource-related industries including, but not limited to, concrete batching plants and asphalt mixing plans, shall not be permitted as a part of the operation unless specifically approved and regulated as an accessory operation to the principal permitted use.
(2) Excavation, washing and stockpiling of extracted material and all other shall not be conducted closer than three hundred (300) feet to the outer boundary of the area approved for extractive operation. Greenbelt plantings and landscaping shall be provided in the setback area as required in Section 1173.11.
(3) In order to reduce the effects of airborne dust, dirt, and noise, all equipment for sorting, crushing, grinding, loading, weighing, and other operational structures shall not be built closer than three hundred (300) feet from any public street right-of-way line or adjacent property lines.
All such activities, equipment, roadways and material storage areas shall be treated, covered, muffled or otherwise controlled to minimize adverse impact beyond the property line. Trucks hauling extractive materials to or from the site shall be loaded and covered in accordance with all applicable state, county, and local regulations.
Private access roads serving the operation shall be treated to create dust-free surfaces for a distance of three hundred (300) feet from any public access road. Arrangements shall also be made to minimize dust on public access routes traveled in the Municipality.
(4) Extractive operations shall be subject to the following safety requirements:
A. Where slopes steeper than thirty (30) degrees exist for any length of time, access to such slopes shall be barred by a fence or similarly effective barrier at least six (6) feet high.
B. Where collections of water one (1) foot or more in depth exist for a period of one (1) week or more in an area of two hundred (200) square feet or more, access to such collections shall be fenced as required in (4)A. above.
C. Where the extractive area is situated in marginal land areas consisting of swamp land or is bounded by natural bodies of water, a fence shall be required on those sides accessible via public rights-of-way and as the Council may require to secure safety. The Council may require the posting of "KEEP OUT - DANGER" signs.
D. The installation of a six (6) foot high fence around the entire site with suitable gates shall be considered as compliance with the requirements of this sub-section.
(5) Finished slopes shall be no steeper than three (3) feet horizontal to one (1) foot vertical. Where ponded water is created as a result of extraction, the 3 on 1 slope shall be extended into the water to a depth of five (5) feet. The slope requirements shall be met as the work in any one section of the excavation proceeds.
(6) Sufficient top soil shall be stockpiled on the site so that the entire area may be recovered with a minimum of three (3) inches of top soil when excavating operations are completed. The top soil replacement shall occur immediately following the termination of extraction operations. All replaced top soil shall immediately be planted with grass or other plan material acceptable to the Village so as to prevent erosion. Lands under water or in approved beach areas are excluded from top soil replacement and planting requirements.
(7) Explosives shall be used in accordance with federal, state, county, local, and all other applicable regulations.
(8) Submittal of a performance guarantee, in accordance with Chapter 1177, may be required as a condition of approval of a sand and gravel extraction operation.
(Ord. 1166. Passed 9-24-01.)