119- M-3"
SURFACE EXTRACTION OF SAND, GRAVEL,
OR OTHER
EARTH MATERIALS
Surface
extraction of sand, gravel or other earth materials may be permitted only if
re-zoning of the proposed site is granted with consideration given to the
overall effect on surrounding lands.
Such extraction shall not be permitted by right, such use may be
permitted under the following conditions and stipulations in any district or
may be prohibited by the Zoning Commission and Board of Trustees after
making a determination for conformance with the following procedures
standards and requirements:
119.1
The minimum total land area proposed shall be ten (10) contiguous
acres. Area for extraction can
be any percentage of this area.
119.2
That this section does not apply to county subdivision regulations,
excavation of basements or the construction of oil, water and gas wells in
conjunction with structures otherwise permitted by the Resolution.
119.3
That this section applies to the removal of overburden for the purpose of
determining the location, quality, or quantity of a mineral deposit.
119.4
That for purposes of enforcing this section an operator is defined as any
person or corporation engaged in surface mining or who removes or intends to
remove sand, gravel, earth materials, minerals, incidental coal, or
overburden.
119.5
All permanent above ground structures shall conform as to location, size and
use with the structures allowable in the district in which the excavation is
located.
119.6
That no sand, gravel, or other earth materials shall be removed or extracted
nearer than two hundred (200) feet of horizontal distance from any street or
highway right of way, or from any property lines unless specific area (s)
are approved as part of the overall site grading plan.
In no case shall the horizontal distance be less than fifty (50)
feet.
119.7
That a green strip with a minimum depth of fifty (50) feet shall be planted
with grass and landscaped with a year round vertical green combination of
shrubs and trees so as to shield the extraction operation from any adjacent
property. In the event that the
terrain or other natural features serve the intended purpose of providing a
visual screen year round, then no other planting screen and landscaping
shall be required.
119.8
That there shall be no processing or manufacturing of such sand, gravel and
earth materials on the premises.
119.9
That the maximum exposed area not exceed five (5) acres at any one time,
including areas used for storage, haul routes, staging and operations.
119.10
That the excavated area shall be replanted after the excavation has been
completed with sufficient cover of grass, trees, or shrubs to cover the land
and prevent erosion. Replanting
shall be completed within thirty (30) days after completion of excavation.
119.11
That the applicant who proposes to extract sand, gravel or other earth
materials shall file with the Zoning Inspector, along with the Application
for the re-zoning of the property, detailed plans and maps prepared by a
registered engineer or surveyor which clearly show the following:
119.11.1
The total property of which the excavated area is a part.
119.11.2
The owner of the property as shown on the recorded plat.
119.11.3
The location and owners of record of all properties within five hundred
(500) feet of the applicant property.
Names and location of roads and natural features within five hundred
(500) feet of the applicant property.
119.11.4
Soil borings of sufficient number and depth to reasonably describe the
subsurface conditions on the property, i.e. soil type, water table and
bearing capacity. This report
shall be prepared by a registered geo-technical engineer.
119.11.5
The depth of such excavation below the natural grade.
119.11.6
The amount of materials to be removed in each phase and over the total
duration of the operation.
119.11.7 A
work schedule setting forth the proposed time limits within which the
operation will be commenced and completed, showing the daily hours of
operation, proposed haul roads if over the road vehicles are employed,
methods of traffic control, methods of maintenance to insure that public
right of ways are kept undisturbed, clean and safe along or in the vicinity
of the proposed haul roads from or to the land involved.
119.11.8
The proposed final topography of the land after excavation has been
completed, indicated by contour lines of no greater interval than two (2)
feet, on a map with a scale of one (1) inch equals two hundred (200) feet.
119.11.9
The drainage plan on, above, below, and away from the area of land to
be affected, indicating the directional flow of water, constructed drain
ways, natural water ways used for drainage, and the streams or tributaries
receiving or to receive this drainage.
119.11.10
A plan describing the manner in which erosion control is to be
provided during excavation and until final restoration is completed.
119.11.11
A plan for reclamation showing the grass, both in amount and type, trees
and shrubs and other ground cover to be planted in the excavated area.
119.11.12
The dates that the land or any portion thereof will be fully restored in
accordance with the plans submitted.
119.12
The applicant for such a permit shall also file with the Zoning Inspector
a bond payable to the Madison Township Trustees, with the sureties approved by
the Trustees in the amount of five hundred dollars ($500.00) per acre or any
portion of the land to be excavated and conditioned upon the applicant
faithfully restoring the land to be excavated as the contour map submitted with
the application as indicated, and upon the applicant providing the drainage
shown upon the map submitted with the application and upon the applicant
planting grass, trees, and shrubs as shown on the plan submitted with the
application.
On each annual
anniversary of the granting of the M-3 zoning, and the filing of the bond
required herein and when the land has been restored in accordance with the
application and plans, the permit holder shall file with the Zoning Inspector a
report showing the amount of sand, gravel or other earth material removed and
the depth and extent of the excavation.
Such report shall further set forth that portion of the land that has
been restored in accordance with the approved plan, submitted with the
application for a permit; he shall recommend to the Trustees the release of the
bond for each acre or portion thereof so restored.
Upon finding
that the restoration has been completed in accordance with the approved plan,
the Township Trustees shall release the bond for each acre or portion thereof so
restored.
119.13
In the
event that the land is not restored in accordance with the approved plans as
determined by the Zoning Inspector, at the time stated in the permit or any
extension thereof granted by the Zoning Commission and Township Trustees for
good cause shown or if the applicant fails to file the annual report required in
Section 119.12 above, or if the applicant deviated from the approved plan or
above regulations or special requirements, the Board of Township Trustees shall
declare the conditions of the bond forfeited and proceed to cause the land to be
restored in accordance with the approved plan submitted by the applicant
charging such cost to the bond. In
the event the cost of restoring the land under the conditions of this paragraph
exceeds the bond covering such restoration, the additional cost shall be charged
as a lien against the property.
119.14
The Zoning
Commission and Township Trustees, in addition to the other powers granted to it
by this Resolution, shall have the authority to allow the permanent impounding
of water in such an excavation upon a finding that such a pond or lake will not
be a health danger or safety hazard, and as a condition to allowing such a pond
or lake may require that it be fenced or otherwise protected so that it will not
become a nuisance.