(a) Statement of Intent. The Excavation and Quarry District (EQ) is intended to allow for the extraction of sand, gravel and other mineral resources in appropriate areas of the Municipality in a manner that is compatible with adjacent uses and to ensure that excavated land is rehabilitated to promote the general welfare of the Municipality. Land will be included in this District only as it is deemed appropriate by Council at the time the use is to commence.
(b) Location and Map Designation. An Excavation and Quarry District (EQ) may be formed for all those districts where the location is deemed appropriate by Council. This District will be indicated on the Official Zoning District Map(s) as follows: EQ-R-1, EQ-AGR, EQ-M, etc.
(c) Use Limitations and Standards.
(1) Performance standards. For excavation, quarrying and permitted processing, all equipment used shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practicable, noise, vibration or dust that would injure or annoy persons living or working in the vicinity.
(2) Accessways. Accessways or roads within the premises shall be maintained in a dust-free condition during surfacing or other such treatment as may be necessary.
(3) Depth of operation. All excavation shall be made to a depth of five feet below a water-producing level or graded or backfilled with non-noxious and nonflammable solids to ensure that the excavated area will not collect and retain stagnant water or that the graded or backfilled surface will create a gentle rolling topography to minimize erosion by wind or rain and substantially conform with the contour of the surrounding area.
(4) Enclosure. Whenever the floor of a quarry is five feet or more below the grade of adjacent land, the property containing the quarry shall be completely enclosed by a barrier consisting of either a mound of earth not less than six feet high located at least twenty-five feet from any street right-of-way and planted with a double row of approved landscape materials or enclosed with a chain-link fence, or of its equivalent in strength and protective character to a height of six feet along the property line. Such barriers may be excluded where deemed unnecessary by the Municipal Engineer because of the presence of a lake, stream or other existing natural barrier.
(5) Right-of-way setback. An excavation shall be located 100 feet or more and backfilled to 150 feet from a street right-of-way line. Quarrying operations shall be located fifty feet or more from a street right-of-way line. With approval by the Municipal Engineer, such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the established street grade.
(6) Adjacent property setbacks. Excavation or quarrying shall be no closer than 100 feet to a property boundary line, except with the written consent of the adjacent property owner.
(7) Ancillary operations. Plants or equipment for processing of extracted materials or other ancillary operations shall not be located closer than 600 feet to the boundary of the land placed under the provisions of the excavation and quarry regulations.
(d) Rehabilitation Requirements.
(1) Contents of rehabilitation plan. Extraction shall be permitted only from areas for which there is a rehabilitation plan approved by the Municipal Engineer and Council. All such rehabilitation plans shall include the following:
A. A grading plan showing existing contours in the area to be extracted and proposed future contours showing the topography of the area after completion. Such plans shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five feet or less.
B. Existing proposed drainage of the area.
C. Details regarding revegetation of the site during and at the conclusion of the operation.
(2) Requirements of rehabilitation plan. The following requirements shall be met in the rehabilitation plan:
A. The banks of all extraction, when not backfilled, shall be sloped at a grade of not less than two feet horizontal to one foot vertical. This slope shall be maintained twenty feet beyond the water line if such exists.
B. Spoil banks shall be graded to a level suiting the existing terrain.
C. All banks and extracted areas shall be surfaced with at least six inches of suitable soil, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes or grasses and maintained until the soil is stabilized and approved by the Municipal Engineer.
D. When any extraction has been completed, such area shall either be left as a permanent spring-fed lake or the floor thereof shall be leveled in such a manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and shall otherwise comply with these requirements.
E. All equipment and structures shall be removed within three months of the completion of the extraction of materials.
(Ord. 2014-27. Passed 8-5-14.)