1153.05 EXTRACTION OF MINERALS.
   (a)    Submission of Additional Information. Two copies of additional information shall be submitted with the application and shall include:
      (1)    The name of the owner or owners of land from which the 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 the 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 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)    The method of rehabilitation and reclamation of the mined-out areas, 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. Such plan 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)    Development Standards.
      (1)    No mining of sand and gravel shall be carried on, or any stock pile placed closer than fifty 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 may be reduced by the written consent of the owner or owners of abutting property, but in any such event, adequate lateral support shall be provided for such 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 such operation shall take place closer than fifty feet to the nearest line of such right of way, except as may otherwise be provided by Ohio R.C. 4153.11.
      (3)    Any excavated area adjacent to a right of way of any public street or road shall be back-filled for a distance of 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, such fencing or barrier is necessary for the protection of the public safety. Such fencing or barrier shall be of a type specified by the Board.
      (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.
      (6)    Quarrying shall not be carried out closer than 300 feet to any adjoining property line unless the written consent of such adjoining property owner has first been obtained.
      (7)    The Board 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 Board, at its discretion , may fix a bond in a reasonable amount to assure that such rehabilitation and reclamation will be carried out. The Board 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 feet below the water mark, or shall be graded or back-filled with non-noxious, non-combustible and non- flammable solids, to secure:
         A.    That the excavated area shall not collect and permit to remain therein, stagnant water; or,
         B.    That the surface of such area which is not permanently submerged is graded or back-filled 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 feet horizontal to one foot vertical. Such banks shall be restored with vegetation in a manner set forth in subsection (c)(3) hereof.
      (3)    Vegetation shall be restored by the spreading of sufficient soil 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 areas.
      (5)    All equipment and structures shall be removed from the mined-out area within six months of the completion of the mining therefrom.
      (6)    The Board 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 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. (Ord. 396. Passed 11- 8-76.)