1153.19 SURFACE MINING.
   As of the effective date of this section, surface mining is a nonconforming use in all districts. No conditional zoning certificates shall be issued for any surface mining operation that was not already in existence prior to the effective date of this section. For surface mining operations that were in existence and received a conditional zoning certificate prior to the effective date of this section, the continued use of any land for surface mining operations shall require compliance with Sections 1157.01 through 1157.03 of this chapter and with the following:
   No operator shall engage in surface mining or conduct a surface mining operation without a permit issued by the Service Director as conditionally approved by the Planning Commission.
   (a)    An application for a permit, with the permit fee of seven hundred and fifty dollars ($750.00) for administrative costs and site plan technical review, shall be upon such form as the Service Director prescribes and provides, and shall contain:
      (1)    The name and address of the applicant, of all partners if the applicant is a partnership, or of all officers and directors if the applicant is a corporation, and any other person who has a right to control or in fact controls the management of the applicant or the selection of officers, directors, or managers of the applicant;
      (2)    A list of the minerals sought to be extracted, an estimate of the annual production rates for each mineral, and a description of the land upon which the applicant proposes to engage in a surface mining operation, which description shall set forth: the name of the counties, townships and municipal corporations in which the land is located; the location of its boundaries; and a description of the land of sufficient certainty that it may be located and distinguished from other lands;
      (3)    An estimate of the number of acres of land that will comprise the total area of land to be affected and an estimate of the number of acres of land to be affected during the first year of operation under the permit;
      (4)    The name and address of the owner of surface rights in the land upon which the applicant proposes to engage in surface mining;
      (5)    A copy of the deed, lease or other instrument which authorizes entry upon such land by the applicant or his agents, if surface rights in the land are not owned by the applicant;
      (6)    A statement of whether any surface mining permits or strip mining licenses are now held by the applicant in this state, and if so, the numbers of the permits or licenses;
      (7)    A statement of whether the applicant, any partner if the applicant is a partnership, any officer or director if the applicant is a corporation, or any other person who has a right to control or in fact controls the management of the applicant or the selection of officers, directors or managers of the applicant has ever had a surface mining permit or strip mining license issued by this or any other state suspended or revoked, or has ever forfeited a surface or strip mining bond, cash or a security deposited in lieu of bond;
(8)    A report of the results of test borings that the operator has conducted on the area or otherwise has readily available, including, to the extent that such information is readily available to the operator, the nature and depth or overburden and material underlying each mineral and the thickness and extent of each mineral deposit. All information relating to test boring results submitted to the Service Director shall be kept confidential and not made a matter of public record, except that the information may be disclosed by the Service Director in any legal action in which the truthfulness of the information is material.
      (9)    A complete plan for mining and reclamation of the area to be affected, which shall include a statement of the intended future uses of the area and show the approximate sequence in which mining and reclamation measures are to occur, the approximate intervals following mining during which the reclamation of all various parts of the area affected will be completed, and the measures the operator will perform to prevent damage to adjoining property, including maintenance of water table, and to achieve all the following general performance standards for mining and reclamation:
         A.    Prepare the site adequately for its intended future uses upon completion of mining.
         B.    Where a plan of zoning or other comprehensive plan has been adopted which governs land uses or the construction of public improvements and utilities, for an area that includes the area sought to be mined, insure that future land uses within the site will not conflict with the plan.
         C.    Grade, contour or terrace final slopes, wherever needed, sufficient to achieve soil stability and control landslides, erosion and sedimentation. High walls will be permitted if they are compatible with the future uses specified in the plan and measures will be taken to insure public safety. Where ponds, impoundments, or other resulting bodies of water are intended for recreational use, establish banks and slopes that will assure safe access to such bodies of water. Where such bodies of water are not intended for recreation, include measures to insure public safety, including fencing, but access need not be provided.
         D.    Resoil the area of land affected, wherever needed, with topsoil or suitable subsoil, fertilizer, lime or soil amendments, as appropriate, in sufficient quantity and depth to raise and maintain a diverse growth of vegetation adequate to bind the soil and control soil erosion and sedimentation.
         E.    Establish a diverse vegetative cover of grass and legumes or trees, grasses, and legumes capable of self-regeneration and plant succession wherever required by the plan.
         F.    Remove any metal, lumber, equipment or other refuse resulting from mining, and remove any unwanted or useless structures.
         G.    Reestablish boundary, section corner, government and other survey monuments that were removed by the operator.
         H.    During mining and reclamation, insure that contamination, resulting from mining, of underground water supplied is prevented. Upon completion of reclamation, insure that any lake or pond located within the site boundaries are free of substances resulting from mining in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic life. The permittee shall establish contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to reestablish proper potability on any polluted or contaminated well or wells. Unless otherwise enumerated or delineated by the Service Director, the requirement to provide such immediate water supply shall be limited to residents within 1,000 feet of the mining operation. The permit holder shall be responsible for the obligation to provide potable water, without cost to the residents receiving the same, provided liability is established by the Ohio Department of Natural Resources. The voluntary providing of water by the permittee shall not be construed as an admission of liability.
         I.    During mining and reclamation, control drainage so as to prevent the causing of flooding, landslides and flood hazards to adjoining lands resulting from the mining operation. Leave any ponds in such condition as to avoid their constituting a hazard to adjoining lands.
         J.    Insure that mining and reclamation are carried out in the sequence and manner set forth in the plan and that reclamation measures are performed in a timely manner. All reclamation of an area of land affected shall be completed no later than six months following the mining of such area, unless the operator makes a showing satisfactory to the Service Director that the future use of such area required a longer period for completing reclamation. Extension due to weather delay will be subject to Service Director approval. A surety bond of twenty-five thousand dollars ($25,000) per mining operation shall be deposited with the Service Director prior to any mining to insure site restoration as required by Ohio R.C. Chapter 1509, and the Streetsboro Planning and Zoning Commission.
         K.    During mining, store topsoil or fill in quantities sufficient to complete the backfilling, grading, contouring, terracing and resoiling that it specified in the plan. Stabilize the slopes of and plant each spoil bank to control soil erosion and sedimentation wherever substantial damage to adjoining property might occur.
         L.    During mining, promptly remove, store or cover any coal, pyritic shale, or other acid producing materials in a manner that will minimize acid drainage and the accumulation of acid water.
         M.    During mining, detonate explosives in a manner that will prevent damage to adjoining property in accordance with specific blasting permit issued by the City. The applicant must provide evidence of liability insurance in the amount of seven hundred and fifty thousand dollars ($750,000). Such policy must be on file with the Service Director's office.
      (10)    A map in triplicate, on a scale of not more than four hundred feet to the inch, or three copies of an enlarged United States geological survey topographic map on a scale of not more than four hundred feet to the inch. The map shall:
         A.    Be prepared and certified by a registered professional engineer and registered surveyor, State of Ohio;
         B.    Identify the area of land to be affected corresponding to the application, with minimum setback to be established by the conditional permit;
         C.    Show the probable limits of subjacent and adjacent deep, strip or surface mining operations, whether active, inactive, or mined out. Show the office facilities, certified scale, sanitary facilities and health and safety devices pertinent to the operation;
         D.    Show the boundaries of the area of land to be affected during the period of the permits and the area of land estimated to be affected during the first year of operation, name the surface and mineral owners of record of the area, and the owners of record of adjoining surface properties;
         E.    Show the names and locations of all streams, creeks or other bodies of water, roads, railroads, utility lines, buildings, cemeteries and oil and gas wells, on the area of land to be affected and within five hundred feet of the perimeter of the area;
         F.    Show the counties, municipal corporations, townships and sections in which the area of land to be affected is located;
         G.    Show the drainage plan on, above, below and away from the area of land to be affected, indicating the directional flow of water, constructed drainways, natural waterways used for drainage, and the streams or tributaries receiving or to receive this discharge;
         H.    Show the location of available test boring holes that the operator has conducted on the area of land to be affected or otherwise has readily available.
         I.    Show the date on which the map was prepared, the north direction and the quadrangle sketch, and the exact location of the operation;
         J.    Show the all-weather, two-lane service roads, (minimum eighteen feet width) adjoining public roads, and specific dust control measures for internal and external traffic, including bitumin binding materials.
         K.    Show the type, kind, location and references of all existing boundary, section corner, government and other survey monuments within the area to be affected and within five hundred feet of the perimeter of the area.
         L.    Show restricted access safety zones, signage, approved barriers as appropriate for fixed base processing equipment or pits, water holes, and potential safety hazards.
         M.    The certification of the maps shall read: "I, the undersigned (the owner), hereby certify that this map is correct, and shows to the best of my knowledge and belief all of the information required by the surface mining laws of the state." The certification shall be signed and attested before a notary public.
   The Service Director may reject any map as incomplete if its accuracy is not so certified and attested.
   (b)    (1)    At a minimum of thirty days prior to the start of mining operations, a map indicating any and all routes and time schedules to be used in conjunction with the mining operations shall be submitted to the Service Director. The Service Director shall than visually inspect such roads in the company of an agent of the permittee to determine their condition prior to any activity on the part of the applicant.
      (2)    The correction of any damages to any road surfaces occurring as the direct or indirect result of the movement of heavy equipment or heavy trucks any way associated with the mining shall be the responsibility of the permit holder. The City assumes no liability for damage to the applicant's equipment or load being moved due to the failure of the City streets. The permit holder shall compensate the City for personal injury and/or property damages and shall further hold the City harmless of any and all claims, damages or proceedings of any kind and from all responsibility for personal injury or property damage, public or private, caused directly or indirectly as a result of the transportation of any and all equipment related to the mining activities.
      (3)    The applicant shall further post a cash bond of not less than five thousand dollars ($5,000) with the City to cover the costs of repair of all affected roads and/or public improvements which may be damaged as a result of the transportation of equipment by the applicant.
      (4)    The applicant shall provide a general liability insurance policy in the amount of one million dollars ($1,000,000), a copy of which, in full force and effect, shall be on file with the Service Director.
(c)    Movement of any vehicles exceeding the legal weight limit set by law shall be prohibited on any and all City streets without prior written approval by the Service Director. The movement of such vehicles is further prohibited on Saturday, Sunday and/or legal holidays and at any other time other than 7:00 a.m. to 6:00 p. m., unless otherwise approved by the Service Director. The Service Director shall have the right and discretion to revoke approval of transportationof equipment at any time that the condition of the roads, the weather or the traffic conditions make travel unsafe, or imminent threat of severe damage to the roads and/or public improvements along the proposed route of travel of such vehicles exists.
   (d)    While mining, all mud carried onto public roadways by trucks, equipment, etc., shall be cleared by the miner from the public roadways as many times as necessary every day to keep the road clean and safe at all times. The miner shall have Service Director approved road cleaning equipment at the site at all times for this purpose.
(e)    Safety signage must be provided as required at the direction of the Planning Commission and the Service Director. See Uniform Traffic Control Chart, Ohio Department of Transportation, latest edition.
(f)    All E.P.A. rules shall be followed relative to air quality control and disposal of waste water.
(g)    The operator shall post in a conspicuous place the seal of the Weights and Measures Inspector of jurisdiction, at the truck scale. Such posting shall be renewed annually.
(h)    Pursuant to Ohio R.C. 1509.39 and in order to insure continuing compliance with the health and safety standards as are set forth above during the life of the project within the City limits, there is hereby established an annual fee to be used for the regulation of such operations and to cover the cost of the inspection and enforcement of past, present and future regulations within the City. The amount of such fee shall be five hundred dollars ($500.00) per site per year. The fee is due and payable in the first year of operation within ten days after a conditional zoning certificate has been granted. Thereafter, the fee is due and payable on January 1 of each year for such sites in successive years and during the life of the project and until final restoration is completed as approved by the Service Director.
(i)    The failure to pay the fee as is set forth in subsection (h) hereof shall be grounds for revocation of the conditional zoning certificate for such surface mining operations in accordance with subsection (j) hereof.
(j)    Failure to comply with any provisions of this section shall be grounds to refuse to issue a permit to mine or shall be grounds to revoke a permit already issued. Revocation of a permit shall remove all right of the permittee to mine until such time as the permittee takes steps to be in compliance with this section. Mining operations carried on by the permittee after revocation of this permit shall constitute a violation of this section and shall be punishable as provided in subsection (k) hereof.
(k)    Whoever violates any of the provisions of this section, or any amendment hereafter adopted to this section, shall be guilty of a first degree misdemeanor and upon conviction thereof, shall be fined not more than one thousand dollars ($1,000). Each day's violation of any provision shall constitute a separate offense. The City Law Director is further authorized to seek injunctive relief against any violation of any provision of this section or of amendments hereto in any proper court.
    (l)   Before any existing company's site plan can be approved for any additional surface mining, an equal or greater amount of land must be reclaimed as per ODNR standards.
   (m)   Actual working hours shall be conducted between 7:00 a.m. and 7:00 p.m.
      Monday through Friday and from 7:00 a.m. to Noon on Saturday. No work shall be done on Sundays or Holidays.
   (n)   Five hundred foot setback from any existing building and/or property designed as a recreational facility at the time of application, or 100 foot setback from any other existing property lines.
    (o)   Eight hundred foot front yard setback.
       (Ord. 2016-83. Passed 6-27-16.)