Figure 1: Special Use Exceptions and Requirements | ||
Use | District(s) in Which Use May Be Permitted | Requirement Designation |
Figure 1: Special Use Exceptions and Requirements | ||
Use | District(s) in Which Use May Be Permitted | Requirement Designation |
Airport, heliport | A-1, S-3 | b6, g, h2, j1, k1, l2, n2, i2, p, r1, s, t, u2, v, w |
Artificial lakes of one or more acres | All districts | i1, j2, p, r1, u1, w |
Bed and breakfast establishments | All districts | f2, k26, o, p, r1, t, u1, u6 |
Billboards | A-1, B-2, I-1 | p |
Crematory or cemetery | All R districts, I-1, A-1, | b11, c2, p, q, r1, v, w |
Extractive uses such as the excavation, removal, stripping, surface mining, or quarrying of topsoil, soil, earth, sand, rock, gravel, clay, coal, minerals, ores or similar substances; or, the surface location of shafts, mineheads and similar facilities for the subsurface removal of such substances | A-1, I-1 | b16, e4, s, t, u4, w, z, 1-16, incl., aa, bb, cc, dd, ee |
Fire station | All R districts, B-1, B-2 | b4, c12, r1, s, t, v |
Greenhouse, commercial | A-1, R-1, I-1, B-2 | b4, c6, f2, h1, k7, m4, n1, r1, v, w |
Hospital or sanatorium | A-1, all R districts | b7, c6, g, h5, j1, k9, l2, m5, n1, p, s, t, v |
Industrial park | I-1 | a1, b10, c7, d3, g, h3, j2, k10, l2, m6, n2, o, p, q, r1, s, t, v, w |
Kindergarten or day nursery | A-1, B-2, all R districts | b3, c8, f3, h1, i3, j1, k12, r1, v |
Large community residence | All districts | b14, c8, e5, f7, h1, k31, l3, u5 |
Library | All R districts, B-1 | b6, c6, k29, l2, m1, r1, v |
Other public buildings, City Hall, courthouse | B-1 | b6, c6, h1, k30, m1, r1, s, t |
Outdoor commercial recreational enterprise | S-1, S-2 | l2, n1, p, r2, s, t, v, w, |
Outdoor theater | B-2, I-1, A-1 | c7, i6, k11, p, r1, s, t, v, w |
Power transmission line | All districts | p |
Practice golf-diving range | A-1, I-1, S-1, B-2 | c7, i7, j3, k16, l2, p, r1, v |
Private recreational development | All R districts, S-1, S-2, A-1, B-2 | c4, g, h1, j3, k2, l2, p, r1, v, w |
Produce or stockyard terminal, wholesale | A-1, B-2 I-1 | b10, c7, d3, e, h1, i8, j11, k11, l4, m3, n2, p, r1, s, t, v, w |
Public or commercial sewage or garbage disposal plant | I-1, S-1 | b11, c11, e, k19, p, r1, u1, v, w |
Public or employee off-street parking areas | All districts | b2, p, r1, s, t, v, x, y |
Public park or public recreational facilities | All districts | c4, g, h1, j2, k21, l2, p, t, v, w |
Public utility substation or exchange, including telephone exchange | All districts | c1, g, j4, k18, p, r1, v |
Radio of television tower | A-1, I-1, S-1 | k19, p, r1, v |
Railroad right-of-way and uses essential to railroad operations | All districts | h1, k20, r1, v |
Riding stable | A-1, R-1, I-1 | b5, c10, h1, j1, k21, m1, r1, v, w |
Service stations | A-1, B-1, I-1 | a1, b4, e, r2, s, t |
Shelter care homes and private nursing home | A-1, All R districts | b6, c1, g, h4, j3, k9, l1, m5, n4, p, s, t, v |
Shopping center | B-2 | a2, b7, g, j1, k23, l3, m3, n1, o, p, s, t, u1, v |
Storage and distribution facilities, inflammable liquids and gases, chemicals and liquid fertilizers | A-1, B-1, I-1 | a1, b6, e, r1, s, t |
Trailer or mobile home court or park | B-2, A-1 | b8, p, u3 |
Truck freight terminal | B-2, I-1 | c1, e, j1, k25, l4, n2, p, r1, s, t, v, w |
FIGURE 1: REQUIREMENTS
NOTES TO TABLE:
Use of * symbol in the figure indicates that the requirements of the district apply to the district where located.
(a) Classification of use permitted:
(1) Light industrial; and
(2) Local business.
(b) Minimum lot area:
(1) *
(2) 1,500 sq. ft.
(3) 110 sq. ft. per child.
(4) 25,000 sq. ft
(5) 20,000 sq. ft. plus 5,000 sq. ft. per horse over four horses.
(6) One acre.
(7) 5 acres.
(8) 5 acres including 2,100 sq. ft. per mobile home stand.
(9) 6 acres.
(10) 20 acres.
(11) 40 acres.
(12) 80 acres.
(13) 320 acres.
(14) Two times requirement for one-family dwelling.
(15) 2 acres.
(16) Extractive uses:
(i) Surface mining of coal - 120 acres.
(ii) Quarrying of rock - 40 acres.
(iii) Surface location of shafts, mineheads and similar facilities for the subsurface removal of coal, and the like — 20 acres.
(c) Minimum yards — feet.
Note: All required front yards shall be computed by measurement from the centerline of he federal or state highway or other thoroughfare upon which the lot fronts.
Front Side, each Rear
(1) * * *
(2) * 50 50
(3) * 10 30
(4) * 40 40
(5) * -- --
(6) 100 40 40
(7) 100 Abutting *
residential =
75, abutting
other uses = 35
(8) * 20 *
(9) 150 150 150
(10) 100 100 100
(11) 300 300 300
(12) 40 25 35
(d) Building setback from centerline of interior road.
(1) 40 feet.
(2) 50 feet.
(3) 85 feet.
(e) Use permitted not closer to a residential use than:
(1) 300 feet.
(2) 500 feet.
(3) 1,320 feet.
(4) 2,640 feet.
(5) No residence shall be located less than 1,320 feet from a small or a large community residence, provided however that this spacing requirement may be waived if the City Council finds that the cumulative effect of the uses would not alter the residential character of the neighborhood, would not create an institutional setting, and by its operation, would not create an adverse effect on surrounding properties.
(f) Minimum gross floor area of principal buildings, (square feet).
(1) *
(2) Over 1,000.
(3) Determined by number of children to be accommodated.
(4) 400.
(5) Two times single-family dwelling.
(6) 672.
(7) Two times single family dwelling plus 120 square feet for each disabled person to be accommodated.
(g) Plan of landscape development to be submitted with application.
(h) Maximum height of structure (feet).
(1) *
(2) As required by appropriate state or federal agency.
(3) Same as light industrial.
(4) 45.
(5) 70.
(6) 25.
(i) Fence.
(1) 6-foot wire mesh where accessible to the public.
(2) 6-foot wire mesh when located at ground level.
(3) 4-foot wire mesh around play area.
(4) Solid wall or solid painted fence eight feet high.
(5) 4-foot wire mesh abutting residential use.
(6) Painted board fence eight feet high.
(7) Adequate to protect abutting use.
(8) 6-foot wire mesh.
(9) 6-foot solid painted for refuse dump.
(10) 6-foot wire mesh abutting residential use.
(j) Screen planting where abutting residential use. (Adequate planting that will produce tight screen.)
(1) 6-foot height by 3-foot width, minimum.
(2) 25-foot abutting residential district or use.
(3) 8-foot height by a-foot width, minimum.
(4) Adequate to screen power substation from street view.
(5) 7-foot high along streets for refuse dump.
(k) Parking spaces.
(1) 1 per 2 employees plus 1 per 4 seats in waiting room.
(2) 1 per 2 customers or members.
(3) 1 per 2 employees plus 3 per doctor.
(4) 1 per 3 employees plus 1 per 6 students.
(5) 30.
(6) 1 per 3 employees per shift.
(7) 1 per 3 employees plus 1 per 125 sq. ft., of sales area.
(8) 1 additional.
(9) 1 per 4 beds plus 1 per doctor plus 1 per 8 employees plus 1 per hospital vehicle.
(10) 1 per 2 employees on largest shift.
(11) 1 per 2 employees.
(12) 1 per 2 employees plus 1 per 5 children to be accommodated.
(13) 1 per 2 employees plus 1 per mobile home stand.
(14) 1 per 3 employees plus 1 per 500 sq. ft. of use area.
(15) 1 per 3 employees plus 1 per 10 inmates at estimated capacity.
(16) 1 per 3 employees plus 1 per driving tee.
(17) 1 per camp site and 1 per cabin.
(18) Telephone exchange - 1 per employee.
(19) 1 per employee per shift.
(20) 1 per 2 employees where headquartered.
(21) 1 per 5,000 square feet.
(22) One.
(23) 1 per 60 sq. ft. of sales area.
(24) 3 per 4 employees plus 1 per 4 seats.
(25) 1 per 2 employees plus 4 for customers.
(26) 1 per employee plus 1 per sleeping accommodation.
(27) Two.
(28) 1 per employee plus 1 for each 6 seats in main auditorium.
(29) 1 per 30 sq. ft. of use area.
(30) 1 per 3 employees plus 1 per 150 sq. ft.
(31) One per supervisory employee plus 1 per 2 disabled persons at estimated capacity.
(l) Distance of parking area from residential use. (Feet)
(1) 10.
(2) 25.
(3) 50.
(4) 100.
(5) 300.
(m) Number of loading and unloading berths. (Should not face on bordering highway.)
(1) 1.
(2) 2.
(3) Per development plan.
(4) 15,000 sq. ft. - 1; Over 15,000 ft. - 2.
(5) Up to 200 beds - 1; 200 to 500 beds - 2; over 500 beds.
(6) Per figure 6.
(n) Distance of loading and unloading berth from residential use. (Feet)
(1) 50.
(2) 100.
(3) 300.
(4) 25.
(o) Plat approved by the Commission to be submitted with application.
(p) Development plan to be submitted with application.
(q) Covenant by owners to perpetuate maintenance and approve future improvements.
(r) Maximum number of principal entrance from major thoroughfare.
(1) 1.
(2) 2.
(s) Acceptable relationship to major thoroughfare.
(t) Thoroughfares must be adequate to carry additional traffic engendered by use.
(u) Other authority approval required.
(1) State Board of Health.
(2) Aeronautics Commission.
(3) City Trailer Coach Park Ordinance.
(4) Department of Mines and Minerals.
(5) Each community residence shall be eligible or have obtained a state license or certification, or the sponsoring agency shall be duly licensed or certified by the state; and, prior to admitting residents, the operator of the community residence shall demonstrate that the dwelling will comply with all applicable licensing and code standards.
(i) Applicant shall submit a statement of the exact nature of the community residence, the qualifications of the agency that will operate the community residence, the number and type of personnel who will be employed, and the number and nature of the residents who will live in the community residence.
(ii) The community residence shall, to the extent possible, conform to the type and outward appearances of the residences in the area in which it is located.
(iii) Prior to occupancy, a certificate of zoning compliance is applied for and received.
(6) Compliance with any and all provisions otherwise set forth by local ordinance regulating operation or use.
(v) Outdoor artificial lighting should be approved by the Commission.
(w) Disposal of liquid and other wastes should meet the approval of the pertinent health authorities.
(x) No sales, dead storage, repair work or dismantling on the lot.
(y) Except for approved exits and entrances, a masonry wall 4-feet in height and 6-inches thick erected at required front line of building and may be required along boundaries of parking area as determined by the Commission for the protection of residentially zoned or used property.
(z) Blasting.
(1) No blast or explosion shall be set off by applicant within one-half mile of the corporate limits of the city as they were on 11-12-1976.
(2) No explosives will be stored in permanent magazines within one mile of the city limits as of 11-12-1976.
EXPLOSIVES shall be defined for the purpose of this chapter as defined under an “Act regulating the manufacture, possession, storage, transportation, use, sale or gift of explosives”, approved 7-12-1939, as amended, and the regulations issued pursuant thereto (i.e., 225 ILCS 210/1001 et seq.). POUNDS OF EXPLOSIVES as used herein shall mean the equivalent of “pounds of TNT”.
(3) No explosion shall be detonated in the interval commencing at sunset and ending at sunrise except as otherwise permitted by the state’s Surface Coal and Mining Land Conservation Reclamation Act effective 6-1-1980 (225 ILCS 720/1.01 et seq.), as now in force or as hereafter may be amended, or regulations issued pursuant thereto (state’s Surface/Mining Act and Regulations).
(4) No explosion will be detonated on the surface of the ground unless otherwise authorized by the state’s Surface/Mining Act and Regulations.
(5) All explosions will be detonated in accordance with the Nonel Blasting System or a system similar or superior in operation and effect as to noise control or particle displacement or ground vibration.
(6) If primacord is used, the same shall be buried to a depth of not less than six inches.
(7) No explosion shall be detonated when a significant temperature inversion exists at the site of the explosion. Permittee may rely on the advice of the U.S. Weather Bureau in St. Louis as to the existence of a temperature inversion and its severity.
(8) Except in areas of the territory covered by the permit as the city may specify, no explosion shall be detonated during any period when the wind velocity at the site of the explosion is constantly above 15 mph and in the direction of the city.
(9) No more than 1,300 pounds of explosives shall be detonated in any one hole. Where the total consolidated overburden is 20 feet or less, no more than 250 pounds of explosives per delay shall be detonated in any one hole.
(10) No explosion shall be detonated in a hole drilled vertically from the surface unless instability of overburden, or governmental regulations require it.
(11) No explosion shall be detonated within 8 milliseconds of another (whether in the same hole or more than one hole), and no explosive charge per delayed period (amount of explosives expressed in pounds detonated within 8 milliseconds of one another) shall exceed 1,300 pounds of explosives. When the total consolidated overburden is 20 feet or less, no explosive charge shall exceed 250 pounds of explosives per delay in any one hole.
(12) No explosion shall be detonated within the area covered by the special use which will result in a maximum peak particle velocity of ground movement in any direction in excess of two-tenths inches per second at any point in the present city limits as of November 12, 1976. Upon proper documentation of the average consolidated overburden and/or the average cap rock limestone thickness (all layers of piasa limestone 30 feet above the coal seam) per two-thirds of each 750 feet of shot length the following per second peak particle velocity of ground movement in all directions shall be permitted:
Overburden | Cap Rock Thickness | Peak Particle Velocity (inches per second) | |
Over 40 feet, but less than 45 feet | and/or | 7 feet, but less than 8 feet | 0.25 |
Over 45 feet, but less than 50 feet | and/or | 8 feet, but less than 9 feet | 0.30 |
Over 50 feet | and/or | Over 9 feet | 0.40 |
Provided if more than four claims for damages during any 6-month period are filed pursuant to Paragraph (bb) of this Figure 1, Special Use Exceptions and Requirements, the permitted maximum peak particle velocity of ground movement shall revert to two-tenths inches per second peak particle velocity of ground movement.
(13) Permittee, in connection with its blasting operations, shall comply with all applicable state and federal laws and regulations. If blasting schedules in respect of proposed detonations in the area covered by the special use are required by any law or regulation to be published in a newspaper, that newspaper shall be the Sparta News-Plaindealer.
(14) Permittee shall keep accurate records of the time and location of all explosions set off by it in the area covered by the permit as well as the type and amount of explosive used for each hole, the size of each charge and the delay between charges and shall furnish copies of all data to the City Clerk monthly. If permittee is authorized to exceed two-tenths inches per second peak particle velocity of ground movement pursuant to subdivision (13) hereof, and if requested by the city, permittee shall furnish the data to the City Clerk weekly.
(15) Permittee will, at its own expense, cause the peak particle velocity of ground movement occasioned by its extractive use activities covered by this special use to be constantly monitored by appropriate measuring devices to be selected by a qualified engineering firm acceptable to the city which will record the peak particle velocity of ground movement. The devices shall have a minimum operating range of zero to seven inches per second peak particle velocity, be designed for continuous recording of peak velocities of vibrations and capable of detecting ground movement in three directions (one vertical and two horizontal). In addition, permittee shall engage, at its own expense, the services of an engineering firm acceptable to the city for interpreting and reporting the data supplied by said measuring devices. The firm shall furnish to the City Clerk, free of cost, a report based on its interpretations of the data collected by the measuring devices, which report shall show the date, time and peak particle velocity of each ground movement which shall reasonably appear to have been caused by the blasting activities of permittee. Whenever permittee is required to limit its blasting activities to a maximum two-tenths inches per second peak particle velocity of ground movement, the measuring devices shall be monitored weekly by the engineering firm and the reports shall be furnished monthly; whenever permittee is authorized to exceed two-tenths inches per second peak particle velocity of ground movement, and if requested by the city, the measuring devices shall be monitored twice a week by said engineers and the reports shall be furnished weekly. Provided, however, the firm shall immediately report, free of cost, to the City Clerk any data received from the measuring devices indicating an excess of the peak particle velocity per second ground movement over that permitted pursuant to the provisions of subdivision (13), paragraph (z), of this Figure 1, Special Use Exceptions and Requirements. Copies of the reports shall, upon request, be furnished to permittee and to the Arbitration Board (free of cost). While and so long as permittee is conducting blasting operations within the one and one-half miles of the city limits as of November 12, 1976, 4 devices shall be required. While permittee is not conducting blasting operations within the distance, only 2 devices shall be required. The sites for the location of the measuring devices shall be selected by the engineering firm after consultation with the city. In the event personnel from the firm are called upon by the Arbitration Board to testify at any hearing before it, the fees and expenses of the personnel for testifying shall be paid by permittee. Though the firm shall enter into a contract with permittee for providing the services herein mentioned, and permittee shall bear all of the firm’s expenses, it is understood that the firm shall be operating primarily for the benefit of the city for the purposes of enforcing this special use permit. No failure to measure, failure to have measurements interpreted, or failure to deliver measurements or interpretations shall be deemed to be a breach of this special use where the failure was caused in whole or in part by malfunction or misfunction of the devices, by any act or occurrence beyond the control of permittee, or by any force majeure. In the event four measuring devices of peak particle velocity of ground movement are in place and only one device shows a violation of this provision, upon certification by the engineering firm that the measurement is the result of a malfunctioning of the measuring device or is aberrant or a scientifically impossible phenomenon, then the measurement may be disregarded and this provision shall not be deemed violated.
(aa) Pre-inspection. Permittee will inspect and photograph the structures within the corporate limits of the city as shall be determined by the Board of Appeals, unless permission to do so is refused by the owner. Permittee need not inspect and photograph the structures once permission has been refused. No extractive use operation may be commenced prior to completion of the mandatory inspections unless otherwise permitted by the Board of Appeals for good cause shown. Permittee may but need not inspect any structures lying elsewhere in the corporate limits of the city and Sparta area if the owners thereof request it. If the city or the owner thereof shall serve notice or request in writing, permittee shall inspect and photograph any new structure built during the period the special use permit is in force within the area designated by the Board of Appeals as requiring mandatory inspection. Failure to notify by the city or failure to so request by the owner shall in respect of the structure be the equivalent of refusing permission to inspect for the purposes of this section. Permittee will furnish copies of its inspections and reports, together with photographs taken by it to the City Clerk. The materials shall not be available for public inspection, but shall be made available to the owner involved, or his or her authorized representative.
(bb) Arbitration Board. Promptly after issuance of a special use permit to permittee, an Arbitration Board shall be constituted for the purpose of hearing and determining claims, if any, for damages to land or improvements there on, in or near the city allegedly caused by permittee’s extractive use operations, in the amount of $10,000 or less, which have not been settled by the parties concerned. For each claim that is filed, the city shall appoint one Arbitrator, permittee shall appoint one Arbitrator and the two so appointed shall appoint a third. The city and permittee shall have the right at any time to remove the Arbitrator appointed by it for any reason, or no reason, and to name a successor. If through death, resignation or removal of an Arbitrator originally appointed by the city or permittee hereto, a vacancy exists, it shall be filled by the entity whose Arbitrator he was, within three weeks of the vacancy. A letter from the appointing entity to the Arbitrator in question and the Board removing an Arbitrator or appointing a successor shall be sufficient. If no appointment is made within three weeks of the occurrence of the vacancy, the remaining Arbitrators shall act as Arbitrators until the appointment of the successor Arbitrator by the party in question. The two Arbitrators appointed by the city and permittee shall have the power, acting jointly, to remove the third Arbitrator at any time for any reason or no reason, the duty to appoint a successor Arbitrator at any time for any reason or no reason, the duty to appoint a successor Arbitrator at any time for any reason or no reason, the duty to appoint a successor Arbitrator promptly after the removal, and the power and duty to fill a vacancy on the Board created by the death or resignation of the other Arbitrator. If the city’s and permittee’s Arbitrators fail to appoint a successor Arbitrator within 3 weeks after a vacancy arises which they are under a duty to fill, the third Arbitrator shall be then appointed by the person then serving as Senior United District Court Judge for the Southern District of Illinois. An Arbitrator may resign by notifying the other Arbitrators, the city and permittee, in writing. The effective date of the resignation shall be as stated in the letter of resignation.
The Arbitration Board is established in order to assure an economical and convenient forum for claims for property damage to avoid employment of an attorney and use of the court system. All persons having claims against permittee in respect to its operations under a special use exception permit may use the Arbitration Board, or the court system, at his or her option. If a claim is presented to the Arbitration Board, the decision of the Board rendered in respect thereto shall be final and binding on the claimant or claimants and permittee and may thereafter be enforced as provided by law. A decision signed by any two Arbitrators shall be the decision of the Board. Permittee shall pay all claims allowed within 30 days after the decision of the Board is received by permittee.
The city and permittee shall compensate its own Arbitrator in the manner and amount as may be agreeable to the party and its Arbitrator. The third Arbitrator shall be compensated at a rate established by the first two Arbitrators or agreed by the city and permittee. The compensation of the third Arbitrator, and the net expenses, if any, of the Board shall be equally shared and jointly paid by permittee and the city. Expenses of the Board shall be approved by at least two Arbitrators.
The Board shall propose its own procedural rules in advance of the first hearing and shall cause them to be printed or typed and made available for public review and comment prior to adoption. The Board shall make them available to persons appearing before it. The proceedings shall be informal so that legal counsel shall not be necessary. All witnesses shall testify under oath. The technical rules of evidence shall not apply but hearsay evidence shall be only given the weight it deserves. Decisions should be rendered in writing and ordinarily within two weeks of the conclusion of the hearing. All requests for arbitration shall be filed, in duplicate, with the City Clerk who shall transmit the same to the Board and permittee. No request shall be heard or entertained unless the request to arbitrate is reduced in writing, signed by the claimants and accompanied by a fee in the amount of $10 payable to the Arbitration Board. If the claimant is successful, the filing fee shall be recoverable as part of his or her damages. All fees shall be used to defray the expenses of the Board. Any surplus remaining after the Board ceases to exist shall be paid to the city for its general purposes.
The Board, in connection with the determination of any claim, shall consider the pre-extractive use inspection report, if any, the data submitted by permittee as to its blasting activities, the measurements interpretation and testimony, if any, of the engineers monitoring the blasting activities, and other evidence and testimony as may be submitted by the claimant and permittee which, in the opinion of the Board, is relevant and material. Once the claimant has proved to the satisfaction of the Board that damage to his or her structures occurred subsequent to the date permittee first set off an explosion in the area covered by the permit, permittee shall have the burden of showing that the damage was not caused by permittee, but was attributable to other causes, or to structural defects. The preceding sentence shall not apply and permittee shall have no burden where permission to inspect was refused. All awards for damages shall be expressed in dollars and shall be that sum not to exceed $10,000 which the Board feels will fairly enable the claimant to repair the damage shown so that the structure will, after the repair, be in the same condition it was in immediately prior to the occurrence of the damage. Claimant and permittee shall each be entitled to submit as evidence bids received from reputable contractors to repair the damage.
Any person making a claim to the Board shall, by so doing, authorize and permit permittee, and any contractor designated by it, to enter on the property for the purpose of inspecting the same and ascertaining the damage, if any. If the claimant and permittee cannot agree on a date and time for the inspection and examination, the Board shall set it. If a claimant fails or refuses to let either permittee or its contractors inspect or examine the damage, the Board shall dismiss the claim. No claim so dismissed shall be refiled.
The Board shall maintain its office at the City Hall, or some other place in the city, convenient to it. The Board shall wind up its affairs and cease to exist 6 months after certification by permittee to the city that it has completed its extractive use activities in the area covered by the permit.
(cc) Noise. Permittee will comply with state statutes relating to excessive noise (currently 415 ILCS 5/23 through 25) and the lawful regulations and standards promulgated thereunder.
(dd) Reclamation. Permittee shall file with the City Clerk all reclamation plans involving the area in question that are filed with the Department of Mines and Minerals of the state, or other state or Federal agency. All lands disturbed by extractive use to the extent required by the city, shall be reclaimed to row crop standards according to the state’s Surface Coal and Mining Land Conservation Reclamation Act effective 6-1-1980 (225 ILCS 720/1.01 et seq.) or as hereafter may be amended, and the rules and regulations promulgated pursuant to the Act, and as in force at the time of issuance of the permit. However, if more strenuous standards are imposed by subsequent amendments to the Act, or subsequently adopted rules and regulations by either the state or the United States, these more stringent rules and regulations shall apply. The land shall be graded to a rolling topography having no more than 5% grade, and transversable by machines necessary for maintenance in accordance with the planned use of row crop agricultural purposes. Notwithstanding the foregoing, permittee shall not be required to reclaim a greater area to row crop standards than required by the state if and to the extent that an insufficient amount of topsoil is available to do so from within the area disturbed in the extractive use process. Upon cessation of the extractive use activities in the affected area, drainage shall be immediately restored and returned to provide for the original natural drainage or its equivalent, or as permitted by the city.
(1) No slurry or refuse from the preparation plant or other extractive use operation shall be stored or deposited within one and one-half-mile zone of the present city limits as existing 11-12-1976.
(2) Permittee shall reclaim affected lands as provided herein as contemporaneously as practical. Unless otherwise provided in the permit, reclamation shall be completed within one year of cessation of permittee’s extractive use activities under the permit.
(3) Overburden and waste material replaced in the area of extractive use operation by backfilling shall be compacted where necessary to ensure stability, or to prevent leakage of toxic materials, and shall be performed by grading or other means so as to cover acid forming or other toxic materials and eliminate spoil piles. The city shall be entitled at reasonable times and on notice to permittee to enter upon permittee’s property for the purpose of observing and inspecting permittee’s operations under the permit. The city shall promptly notify permittee of any failure to follow the terms of the permit. Permittee shall promptly comply with the directives unless it reasonably believes the city is mistaken, in which case if permittee refuses to comply, the city may in the appropriate case exercise its rights under § 155.113 of this chapter.
(ee) Permittee shall submit a proposed plan of the extractive use operation for the area covered by the special use permit, which plan shall show in detail all facilities and appurtenances to be placed upon the premises; detail the manner and method of operations in the area of the premises to be occupied or affected thereby; the existing gradients of the premises and how the same will be affected during the progress of operations to and including the ending thereof, showing existing drains, drainageways, sewers, utilities, streets, highways and similar facilities upon and nearby the premises, and the method and manner of protecting them from adverse effects from the proposed use. The proposed extractive use plan shall be accompanied by a written report of someone expert, experienced and knowledgeable in the subject matter describing the proposed operations in detail, and the manner and method of conducting the same, which report shall describe and set forth the effect the operation shall have upon the premises and lands and uses in the vicinity thereof.
(ff) Alternative reclamation and post mining land use. An alternative reclamation plan and post mining land use other than that provided for in division (dd) may be presented by the permittee and shall be approved by the city upon the establishment by the permittee of full compliance with all criteria and standards required by the state’s Department of Mines and Minerals pursuant to the state’s Surface Coal Mining Land Conservation and Reclamation Act effective 6-1-1980, as amended, (225 ILCS 720/1.01 et seq.) and all applicable rules and regulations issued by the Department pursuant thereto.
(1994 Code, § 155.092) (Ord. 200, passed 4-28-1969; Ord. 276, passed 2-27-1978; Ord. 285, passed 12-8-1986; Ord. 427, passed 11-23-1992; Ord. 2017-05, passed 10-23-2017)