1151.07 EXTRACTION OF MINERALS.
   The Zoning Administrator shall not grant a zoning permit for mineral extraction unless the proposed use is in accordance with the following requirements:
   (a)   Submission of Additional Information. Two copies of the following information shall be submitted with the application for a zoning permit and shall include:
      (1)   The name of the owner or owners of land from which removal is to be made.
      (2)   The name of the applicant making request for such a permit.
      (3)   The name of the person or corporation conducting the actual mining operations.
      (4)   The location, description, and size of the area from which the removal is to be made.
      (5)   The location of any on-site processing plant to be used and any accessory or kindred operations that may be utilized in connection with the operation of the processing plant by the mining processor or any other firm, person, or corporation. The processing plant shall be located so as to minimize the problems of dust, dirt, and noise, insofar as reasonably possible.
      (6)   The type of resources or materials to be removed.
      (7)   The proposed method of removal and whether or not blasting or other use of explosives will be required.
      (8)   A general description of the equipment to be used.
      (9)   A description of the method of rehabilitation and reclamation of the mined-out area, including a grading plan showing existing contours in the area to be excavated and the proposed future contours showing the topography of the area after completion. This plan shall include the surrounding area within five hundred (500) feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five (5) feet or less.
   (b)   Operational Standards.
      (1)   No mining of sand and gravel shall be carried on, or any stock pile placed closer than fifty (50) feet to any property line, or such greater distance as specified by the Board of Zoning Appeals, where such is deemed necessary for the protection of adjacent property, except that this distance requirement maybe reduced by the written consent of the owner or owners of abutting property, but in any event, adequate lateral support shall be provided for the abutting property.
      (2)   In the event that the site of the mining operation is adjacent to the right-of-way of any public street or road, no part of the operation shall take place closer than fifty (50) feet to the nearest line of the right-of-way, except as may otherwise be provided by Ohio R.C. 4152.11.
      (3)   Any excavated area adjacent to a right-of-way of any public street or road shall be backfilled for a distance of one hundred fifty (150) feet from the right-of-way line.
      (4)   Fencing or other suitable barrier, including the planting of multiflora rose, shall be erected and maintained around the entire site or portions thereof where, in the opinion of the Board of Zoning Appeals, such fencing or barrier is necessary for the protection of the public safety, and shall be of a type specified by the Board of Zoning Appeals.
      (5)   All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise, and vibration. Access roads shall be maintained in a dust- free condition by surfacing or other treatment as may be specified by the Board of Zoning Appeals.
      (6)   Quarrying shall not be carried out closer than three hundred (300) feet to any adjoining property line unless the written consent of the adjoining property owner has first been obtained.
      (7)   The Board of Zoning Appeals is authorized to impose such requirements with respect to providing adequate barriers as it may feel necessary to protect the public safety.
   (c)   Rehabilitation Requirements. All mined-out areas shall, within a reasonable length of time, be reclaimed and rehabilitated, and the Zoning Administrator may require a bond in a sufficient amount to assure that the rehabilitation and reclamation will be carried out as a condition of permit approval. The Zoning Administrator shall be guided by the following standards with respect to rehabilitation and reclamation of mined-out areas:
      (1)   All excavation shall be made either to a water-producing depth, such depth to be not less than five (5) feet below the water mark, or shall be graded or backfilled with non- noxious, non-combustible, and nonflammable solids, to secure:
         A.   That the excavated area shall not collect, and permit to remain therein, stagnant water; or
         B.   That the surface of the area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof so as to produce a gently rolling surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.
      (2)   The banks of all sand and gravel excavations in a water-producing excavation, and to the pit bottom in a dry operation, shall be sloped to the water line, at a slope which will not be less than three (3) feet horizontal to one (1) foot vertical, and the banks shall be restored with vegetation in a manner set forth in division (c)(3) of this section.
      (3)   Vegetation shall be restored by the spreading of sufficient solid and by appropriate seeding of grasses or planting of shrubs and trees in all parts of the mining area where the same is not submerged under water.
      (4)   Proper drainage shall be provided for the mined-out area.
      (5)   All equipment and structures shall be removed from the mined-out area within six (6) months of the completion of the mining therefrom.
      (6)   The Board of Zoning Appeals may impose such other reasonable conditions and restrictions as it may deem necessary for the protection of the public and to encourage the mining and processing of the sand and gravel from the authorized area.
      (7)   Due to the inherent difficulties in reclaiming and rehabilitating areas from which stone has been quarried, the Board of Zoning Appeals is hereby empowered, in the issuance of a conditional use permit for quarrying operations, to impose such reasonable standards for reclamation as may be necessary to protect the public interest, without unduly restricting the operations of the mine owner.