§ 4.2.34. Mines, mining, quarries, gravel pits, borrow pits, and sand pits.

The following regulations apply to the use of land as a mine, mining operation, quarry, gravel pit, borrow pit, and sand pit. See also article 7, administration for additional approval criteria.

A.

The following provisions apply to removal or extraction of dirt, sand and soil:

1.

Drainage plans and a plan for the redevelopment of the site when the removal is completed shall be submitted with the application for a development permit.

2.

The use shall not be established within one thousand (1,000) feet of a residential zoning district or use nor within three hundred (300) feet of any other use.

3.

This subsection shall not prohibit the removal of earth and rock and filling and grading in any district done for land development purposes, upon issuance of a development permit in accordance with the provisions of this chapter.

B.

Quarry and mining. The following provisions apply to the use of any parcel of land for a quarry, mine or mining operation:

1.

All improved and maintained entrances shall be fenced and locked during non-business hours. The property shall be adequately posted as is required by state law, and evidence of such posting shall be filed with the director of planning.

2.

Operators shall comply with state department of natural resources, surface mining land reclamation program rules and regulations, and the mining permit number issued by the state shall be filed with the director of planning.

3.

A blasting limit of two (2) inches per second peak particle velocity, as measured from any of three (3) mutually perpendicular directions in the ground at off-site buildings, shall not be exceeded.

4.

An air blast limit of one hundred twenty-eight (128) decibels (linear-peak), measured at off-site residential buildings, shall not be exceeded.

5.

Seismographic and noise instrumentation shall be required for a minimum of one (1) blast per three-month period. The records of such instrumentation and records of all blasts, including total charge weight, charge weight per delay, charge depth, date and time, location and meteorological conditions, shall be retained by the operator for a period of not less than two (2) years. All non-instrumented blasts shall be in compliance with the recommended scaled distance, as defined by the United States Department of the Interior, Bureau of Mines Bulletin 656, entitled "Blasting Vibrations and Their Effects on Structures."

C.

Prior to the issuance of any development permit for any mine, quarry, gravel pit, or sand pit, the applicant shall provide to the director of public works a reuse or reclamation plan which meets all requirements of chapter 14 of the Code.

( Ord. No. 15-06 , 8-25-2015)