All excavations, extraction of materials and minerals, open pits and impounding of waters hereafter established or enlarged shall conform with the provisions of this section.
(A) Definition. EXCAVATIONS, as used in this section, shall mean any artificial excavation of the earth, within the county, dug, excavated or made by the removal from the natural surface of the earth of sod, soil, sand, gravel, stone or other matter or made by tunneling or breaking or undermining the surface of the earth.
(B) Conditional use permit. Excavations, extraction of materials and minerals, open pits and impoundment of water shall be permitted only upon the issuance of a conditional use permit.
(1) The applicant for the permit shall furnish such information as: true name and address, when required, approval by the state to impound waters, purpose of proposed activity, roads and highways to be used to haul material to or from the area of activity, and the estimated time when building or removing will begin and be completed.
(2) Exceptions:
(a) Excavations ancillary to other construction, of and installation erected or to be erected, built or placed thereon contemporaneously with or immediately following such excavation and covering or to cover such excavation when completed are excepted if a permit has been issued for such construction or installation;
(b) Excavations ancillary to construction of a state, federal, county or township road is exempted;
(c) Excavations not exceeding 50 square feet of surface or two feet in depth are exempted;
(d) Excavations for agricultural purposes are exempted;
(e) Wetland creation, restoration and/or construction shall be exempted if the proposal can satisfy all of the following criteria:
1. Wetland creation, restoration and/or construction shall be under the guidance of the County Soil and Water Conservation District using specifications and guidelines of the Natural Resource Conservation Service (NRCS);
2. Wetland creation, restoration and/or construction shall not be constructed closer than 75 feet to the boundary of any adjoining property or existing road easement; and
3. An approved land alteration permit shall be obtained from the Planning and Zoning Office prior to any excavation, alteration or impoundment.
(f) Wetland creation, restoration and/or construction that can not satisfy the above-listed exception criteria (subsections (B)(2)(e)1., (B)(2)(e)2. and (B)(2)(e)3. above) will be subject to:
1. Conditional use permit;
2. Any conditions set forth by the Board for the conditional use permit; and
3. An approved land alteration permit shall be obtained from the Planning and Zoning Office prior to any excavation, alteration or impoundment.
(Ord. 97, passed 7-21-2009)