(a) Conditional Use Permit.
(1) Surface excavation of sand, gravel or other earth materials may be permitted only under a conditional use permit that may be granted only after due consideration has been given to the effects such excavation will have upon the surrounding lands. A request for such a conditional use may be permitted in any commercial or industrial district within the Village under specific conditions and stipulations as shall be determined by the Planning Commission.
(2) Further, the conditional use may be permitted only after the Planning Commission has determined that there has been conformance with the procedures, standards and provisions set forth in this section as well as all pertinent provisions of the Ohio Administrative Code.
(b) Information and Plans. In addition to the submission requirements for conditional uses set forth in Chapter 1109, the applicant for a conditional use permit to excavate sand, gravel or other earth materials shall file with the Village Zoning Inspector and Village Engineer, detailed plans and maps prepared by a registered engineer which shall clearly show the following:
(1) The total property of which the excavated area is a part.
(2) The location and owners of record of all properties within 500 feet of the applicant property.
(3) Names and locations of roads and natural features within 500 feet of the applicant property.
(4) A geological survey to show that the depth of excavation will not unreasonably disturb the existing water table, water quality or drainage area of applicant's property and adjacent lands within 500 feet of the applicant property.
(5) The proposed final topography of the land after excavation has been completed, indicating by contour lines of no greater interval than ten (10) feet, on a map with a scale of one (1) inch equals fifty (50) feet.
(6) The drainage plan on, above, below and away from the area of land to be affected, indicating the directional flow of water, constructed drainage ways, natural waterway used for drainage, and the streams or tributaries receiving or to receive this drainage.
(7) A plan for reclamation showing the grass, both in amount and type, trees and shrubs and other ground cover to be planted in the excavated area.
(8) The dates that the land or any portion thereof will be restored in accordance with the plans submitted.
(9) The depth of such excavation below the natural grade.
(10) The amount of material to be removed in each phase and over the total duration of the operation.
(11) A work schedule setting forth the proposed time limits within which the operation will be commenced and completed showing the daily hours of operation, proposed haul roads if over-the-road vehicles are employed, methods of traffic control, methods of maintenance to insure that public rights of way are kept undisturbed, clean and safe along or in the vicinity of the proposed haul roads from or to the land involved.
(c) Minimum Area. The area proposed for excavation under this section shall comprise no less than twenty-five (25) contiguous acres, except there shall be no minimum acreage requirements if the finished grade after removal will be no lower than that of the adjoining properties.
(d) Exceptions. This section does not apply to North Perry Village Subdivision Regulations, normal site preparation, excavation of basements, or the construction of oil, water and gas wells in conjunction with structures otherwise permitted by the Planning and Zoning Code.
(e) Overburden. This section applies to the removal of overburden for the purpose of determining the location, quality or quantity of a mineral deposit.
(f) Operator. For purposes of enforcing this section an operator is defined as any person, partnership, corporation or other entity engaged in surface mining or who removes or intends to remove sand, gravel, earth materials, minerals, incidental coal or overburden.
(g) Structures. All structures shall conform as to location, size and appearance with the structures in the use district in which the excavation operation is located.
(h) Restrictions.
(1) General. No sand, gravel or other earth material shall be removed, excavated or extracted nearer than fifty (50) feet of horizontal distance from the edge of:
A. Any road, street, highway, alley or other thoroughfare;
B. Any P-1 Park District or C-1 Commercial property lines; or
C. A North Perry Village Municipal boundary line.
(2) Residential. No sand, gravel or earth material shall be removed, excavated or extracted nearer than 200 feet of horizontal distance to any Class "R-1" residential district property lines, or such lesser distance as the Planning Commission may decide, depending upon the unique character of the land.
(i) Landscaped Area. Unless otherwise determined by the Planning Commission, a landscaped strip with a minimum depth of fifty (50) feet shall be planted with grass and landscaped with year-round vertical green combination of shrubs and trees so as to shield the excavation operation from any adjacent property. In the event that the terrain or other natural features serve the intended purpose of providing a visual screen year round, then no other planting screen and landscaping shall be required.
(j) Planting. There shall be only such processing or manufacturing of sand, gravel and earth materials on the premises as is consistent with the surrounding uses. The area to be excavated shall be planted after the excavation has been completed with grass, trees and/or shrubs sufficient to cover the land and prevent erosion.
(k) Bond. The applicant for such a permit shall also file with the Zoning Inspector a bond payable to the Village of North Perry with sureties approved by Council in an amount that shall be determined by the Planning Commission to be fair and reasonable in light of the extent, nature and duration of the subject operation but, in no event shall such bond be an amount less than five thousand dollars ($5,000) per acre, or any portion of an acre, of the land to be excavated, and conditional upon the applicant faithfully restoring the land to be excavated, as the contour map submitted with the application indicates, and upon the applicant providing the drainage shown upon the map submitted with the application, and upon the applicant planting grass, trees and shrubs as shown on the plan submitted with the application.
(l) Slope. The maximum slope of any excavation shall be two-to-one.
(m) Professional Review. If, during the review of the conditional use according to Chapter 1109, the Planning Commission deems it necessary, it shall have the plan reviewed by a professional geologist, soil scientist, engineer or other qualified professional to determine if the water table will be "drawn down" to adversely affect water well capacity of neighboring properties, if water quality will be affected, and otherwise comment on the plan. The fee(s) for such services shall be paid by the applicant.
(n) Annual Report. On each annual anniversary of the issuance of the conditional use permit and when the land has been restored in accordance with the application and plans, the permit holder shall file with the Zoning Inspector a report showing the amount of sand, gravel or other earth material removed and the depth and extent of the evacuation. Such report shall further set forth that portion of the land that has been restored in accordance with the approved plan submitted with the application for the conditional use permit. At such time as the Zoning Inspector finds that the land has been restored in accordance with the approved plan, submitted with the application for a permit, he shall recommend to Council the release of the bond for each acre or portion thereof so restored.
(o) Bond Forfeiture. In the event that the land is not restored in accordance with the approved plan as determined by the Zoning Inspector, at the time stated in the permit or any extension thereof granted by the Planning Commission for good cause shown, cause shown, or if the applicant fails to file the plan approved by, or the conditions stipulated by the Planning Commission. Council shall declare the conditions of the bond forfeited and proceed to cause the land to be restored in accordance with the approved plan submitted by the applicant charging such cost to the bond. In the event the cost of restoring the land under the conditions of this section exceeds the bond covering such restoration, the additional costs shall be charged as a lien against the property.
(p) Impounding of Water. The Planning Commission, in addition to the other powers granted to it by this chapter, shall have the authority to allow the permanent impounding of water in such an excavation upon a finding that such a pond or lake will not be a health danger or safety hazard, and in permitting such a pond or lake may require certain conditions and/or requirements to be satisfied, including that it be fenced or otherwise protected so that it will not become a nuisance.
(q) Additional Conditions. The Planning Commission shall attach such further conditions to the granting of the subject permit as it deems reasonable and necessary to:
(1) Secure conformity with the standards set forth herein;
(2) Insure that the excavation is harmonious and appropriate in appearance with the existing or intended character of the general vicinity;
(3) That the proposed use will not change the essential character of the area;
(4) The proposed use will not be hazardous or disturbing to existing or future neighboring uses; and
(5) Insure that the proposed use will not be detrimental to the welfare of the community.
(Ord. 19-10. Passed 11-7-19.)