Ada City Zoning Code
CHAPTER 1167
Extraction of Materials
1167.01 GENERAL REQUIREMENTS.
Any owner, lessee or other person, firm or corporation having an interest in mineral lands in any District may file with the Commission an application for authorization to mine materials therefrom, provided, however, that he shall comply with all applicable laws of the State of Ohio and all requirements of the District in which said property is located, and with the following additional requirements:
(a) Distance from Property Lines. No quarrying operation shall be carried on or any stock pile placed closer than 50 feet to any property line unless a greater distance is specified by the Commission where such is deemed necessary for the protection of adjacent property; provided that this distance requirement may be reduced to 25 feet by written consent of the owner or owners of the abutting property.
(b) Distance from Public Right-of-Way. In the event that the site of the mining or querying operations is adjacent to the right-of-way of any public street of road, no part of such operation shall take place closer than 25 feet to the nearest line of such right-of-way.
(c) Fencing. Fencing shall be erected and maintained around the entire site or portions thereof where in the opinion of the Commission such fencing is necessary for the protection of the public safety, and shall be a type specified by the Commission.
(d) Equipment. 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 dust-free condition by surfacing or other treatment.
(e) Processing. The crushing, washing and refining or other similar processing may be authorized by the Commission as an accessory use, provided, however, that such accessory processing shall not be in conflict with the use regulations or the District in which the operation is located.
(Ord. 1986-06. Passed 5-27-86.)
1167.02 APPLICANT; FINANCIAL ABILITY.
In accepting such plan for review, the Commission must be satisfied that the proponents are financially able to carry out the proposed mining operation in accordance with the plans and specifications submitted.
(Ord. 1986-06. Passed 5-27-86.)
1167.03 APPLICATION; CONTENTS, PROCEDURE.
An application for such operation shall set forth the following information.
(a) Name of owner or owners of land from which removal is to be made.
(b) Name of applicant making request for such permit.
(c) Name of the person or corporation conducting the actual removal operation.
(d) Location, description and size of the area from which removal is to be made.
(e) Location of processing plant used.
(f) Type of resources or materials to be removed.
(g) Proposed method of removal and whether or not blasting or other use of explosives will be required.
(h) Description of equipment to be used.
(i) Method of rehabilitation and reclamation of the mined area.
(Ord. 1986-06. Passed 5-27-86.)
1167.04 PUBLIC HEARING.
Upon receipt of such application, the Commission shall set the matter for a public hearing following the procedures as shown in Chapter 1181.
(Ord. 1986-06. Passed 5-27-86.)
1167.05 REHABILITATION.
To guarantee the restoration, rehabilitation, and reclamation of a mined-out area, every applicant granted a mining permit as herein provided, shall furnish a performance bond running to the Village in an amount of not less than $1,000 and not more than $10,000 as a guarantee that such applicant, in restoring, reclaiming and rehabilitating such land, shall within a reasonable time and to the satisfaction of the Commission meet the following minimum requirements.
(a) Surface Rehabilitation. All excavation shall be made either to a water producing depth, such depth to be not less than five (5) feet below the low water mark, or shall be graded or backfilled with non-noxious, non-inflammable, non-toxic and non-combustionable solids, or secure:
(1) That the excavated area shall not collect and permit to remain therein stagnant water; or,
(2) That the surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof – so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.
(b) Vegetation: Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of said mining area where such area is not to be submerged under water as herein above provided.
(c) Banks of Excavations not Backfilled. The banks of all excavations not backfilled shall be sloped to the waterline at a slope not less than three (3) feet horizontal to one (1) foot vertical and said bank shall be seeded.
(Ord. 1986-06. Passed 5-27-86.)
1167.06 ADDITIONAL REQUIREMENTS.
In addition to the foregoing, the Commission may impose such other conditions, requirements or limitations concerning the nature, extent of the use and operation of such mines, quarries of gravel pits as the Commission may deem necessary for the protection of adjacent properties and the public interest. The Commission prior to issuance of the permit shall determine the said conditions and the amount of the performance bond.
(Ord. 1986-06. Passed 5-27-86.)
1167.07 GASES AND OIL WELLS.
In any and all Districts of the Village a well may be drilled for the exploration for or production of natural oil or gas only after or when the following conditions have been complied with:
(a) Compliance with all applicable laws of the State of Ohio.
(b) No tanks or reservoirs erected or intended for the storage of petroleum products shall be located within 50 feet of any public right-of-way nor within 100 feet of a residential lot line.
(Ord. 1986-06. Passed 5-27-86.)