Excavation of soils and minerals. The excavation of peat, muck, sand, gravel, clay, shale, or other natural mineral deposit, including the quarrying of rock minerals, but except crude oil, may be authorized in the M-1 district by the Planning Commission by the issuance of a special use permit, provided that the following requirements are met:
(A) The applicant must provide the village with an acceptable plan for the reclamation of the excavation site at the end of its useful life. In addition to the plan required in § 153.115, the applicant shall submit plans and proposals for the reuse of the property after completion of excavation. As a minimum, the plans are to provide rehabilitation of the excavated area so that the proposed site, when rehabilitated, shall be in a condition of being lacking in hazards and be inconspicuous and blend into the natural ground form of the area. The plans shall include a contour plan.
(B) The village may require off-site community benefits as conditions of the special use approval, provided that they are directly related to the negative impacts of the quarry.
(C) All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this chapter are less than those in applicable state statutes, the state requirements shall prevail.
(D) The applicant shall file with the Planning Commission a performance bond in the amount as the Village Engineer shall deem sufficient to ensure completion of the work following excavation pursuant to the conditions as set forth in § 153.115.
(E) All uses shall be enclosed by a fence, adequate to prevent trespass and eight feet in height, and for the entire periphery of the excavation area. The top of the slope of the excavation shall not be closer than 50 feet from the property line.
(F) No slope shall exceed an angle with the horizontal of 45 degrees.
(G) All slopes and banks shall be reasonably graded and treated to prevent erosion or any other potential deterioration.
(H) The Planning Commission shall establish routes for truck movement to and from the site in order to minimize the wear on public streets and to prevent hazards and damage to properties in the community. That portion of access roads within the area of operation shall be provided with a dustless surface.
(I) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to single property, any individual, or to the village in general.
(J) Proper measures, as determined by the Planning Commission, shall be taken to minimize the nuisance of noise and flying dust or rock. The measures may include, when considered necessary, limitations upon the practice of stockpiling of excavated materials on the site.
(K) When excavation and removal operations are completed, the excavated area shall be graded so that no gradients in disturbed earth shall be steeper than a slope of three-one (horizontal-vertical). A layer of arable topsoil, of a quality approved by the Village Engineer, shall be spread over the excavated area, except exposed rock surfaces, to a minimum depth of four inches in accordance with an approved contour plan. The area shall be seeded with a perennial rye grass and maintained until the area is stabilized and approved by the Planning Commission.
(L) All areas within any single development shall be rehabilitated as they are worked out or abandoned so that they shall comply with the rehabilitation plan as approved by the issuance of the special use permit.
(M) Any extension of quarrying operations beyond the property lines actually quarried at the effective date of this chapter shall be considered as a new operation and shall require a special use permit. Any extension of an approved quarrying operation that was not included in the original special use permit shall require another special use permit.
(N) All existing pits at the effective date of this chapter shall be inspected by the Zoning Administrator to determine the nature and extent of nonconformity. The uses found to be nonconforming shall be so recorded and newly-excavated areas shall conform to the provisions of this chapter and rehabilitation of the presently operated nonconforming pit shall be made conforming as required through the issuance of a special use permit within one year of the inspection by the Zoning Administrator.
(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)