(A) In conjunction with an approved development or subdivision, the Planning Commission may approve a temporary gravel pit and associated crusher as a conditional use permit. Said gravel pit shall only be permitted in order to provide materials used on the approved development or subdivision site related to infrastructure, improvement installation or individual lot improvements.
(B) The following regulations shall apply.
(1) Distance to dwellings. Mining operations (including extraction, stockpiling, staging, crushing) shall be located a minimum of 500 feet from any existing dwelling.
(2) Hours of operation. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.
(3) Transportation of materials. Transporting of materials off-site is prohibited. Only roadways within the development area shall be used for moving materials.
(4) Safe operation. Operation must meet any and all county, state and federal requirements for safety, noise, erosion and dust control as applicable.
(5) Site plan. The developer shall submit a site plan prepared by a licensed surveyor and/or engineer detailing the location of all proposed uses on the site, proposed berms or landscaping to be used for visual and/or noise buffer, a metes and bounds description of the proposed extraction areas and limits of disturbance, storm drainage, roadways, dust control and any other information as applicable and requested.
(6) Reclamation plan. The developer shall submit a detailed reclamation plan for the entire site, including extraction, staging, stockpiling and crushing areas. Said plan shall be prepared by a licensed surveyor and/or engineer and shall indicate proposed final slopes, placement and depths of topsoil, soil and slope stability calculations and proposed vegetation materials to be used.
(7) Budget for reclamation. The developer shall be required to submit an estimated reclamation budget prepared by a qualified individual, taking into account inflation projections based on the proposed length of operation.
(8) Bond or escrow. A condition of approval shall be the submittal of a bond or escrow account in favor the county, in a form acceptable to the County Attorney, in the amount of 115% of the estimated reclamation budget, as approved by the County Engineer.
(9) Conditions for partial release.
(a) Partial release of the escrow or bond shall be approved by the County Engineer as the required reclamation improvements have been completed and inspected.
(b) The 15% amount of the bond or escrow shall be retained for a period of one year from the date of final inspection approval by the County Engineer to guarantee the reclamation from defect in either, slope stability, storm drainage or vegetation.
(10) Time limit for reclamation. Developer shall be required to reclaim the site in accordance with the approved reclamation plan within six months following the expiration of the conditional use permit or discontinued use of the pit.
(11) Applicability to other provisions. Application under this section shall not void or invalidate any other requirements for a gravel pit or crushing operation as defined in other sections of this chapter.
(12) Further restrictions. The Planning Commission may place any further restrictions or conditions with the conditional use permit, as deemed appropriate to protect the public health, safety and welfare.
(13) Term of approval; extension.
(a) Approval shall be granted for a period of one year.
(b) The Planning Commission may grant extension of said approval in one-year increments upon expiration of each approval period; provided, that the development or subdivision has been approved for multiple phases; the developer or designee has satisfactorily met all required conditions of the conditional use permit; and the development has progressed in a timely manner as agreed upon within the development agreement (when existing) and in accordance with the approved phasing plan, evidenced by submission and approval of phased final plats.
(Prior Code, § 8-5A-11)