Delton Town City Zoning Code
ARTICLE XIII
Mineral Reservation District
§ 255-80 Purpose.
The Mineral Reservation District is created to protect mineral extraction/processing operations against problems caused by intrusion of incompatible land uses and to allow for protection of deposits of minerals. The district regulations also control, by cross-references, mineral extraction/processing operations which occur in other zoning districts.
§ 255-81 Permitted uses.
A.
Those agricultural uses allowed under the Agricultural District.
B.
Type I mineral extraction/processing operations, which shall include:
(1)
Existing mineral extraction/processing operations, which include those operations involving the excavation, removal and/or processing of minerals which were in active use during any part of a ten-year period prior to the effective date of this chapter; and
(2)
Limited, short-term mineral extraction/processing operations, which are those operations that:
(a)
Do not satisfy the definitions and standards of existing operations; and
(b)
Will be commenced and completed within a two-year period from the date of the permit; and
(c)
Will be limited to not more than 10 acres in area.
§ 255-82 Conditional uses.
A.
Those uses listed as conditional uses under the Agricultural District.
B.
Type II mineral extraction/processing operations, which shall include those long-term operations involving excavation, removal and/or processing of minerals which do not satisfy the definitions of Type I operations.
§ 255-83 Standards.
A.
Dimensional rules and standards for all uses in this district:
(1)
Lot area. Lots or parcels shall be sufficient in size and shape to satisfy highway setback, water setback, rear and side yard setbacks, off-street parking and sanitary requirements.
(2)
Side yard. Nothing shall be built and no excavations/operations shall occur within 20 feet of any side lot line.
(3)
Rear yard. Nothing shall be built and no excavations/operations shall occur within 20 feet of any rear lot line.
(4)
Height. No building shall exceed 50 feet in height.
(5)
No automobile parking lot, stockpile, waste or salvage pile, equipment storage yard or other accumulation of material or equipment in the open shall be stored or placed within 20 feet of any side or rear lot line, except that loading platforms may be established in a rear yard if it abuts a railroad.
(6)
Cross referenced standards:
(a)
Those uses allowed in this district by virtue of their allowance under the Agricultural District shall conform to the dimensional rules and standards set forth in that district.
B.
Type I mineral extraction/processing operations. Permit requirements:
(1)
A land use permit should be obtained by any person wishing to continue operation of a Type I mineral extraction/processing operation. A land use permit shall be required to be obtained by any person wishing to establish legal operation of a Type I mineral extraction/processing operation. Land use permits shall be issued if the application shows that the existing or proposed operation satisfies the definition of a Type I operation.
(2)
Type I mineral extraction/processing operations for which land use permits are issued shall be subject to these additional standards and conditions:
(a)
Asphalt mixing and concrete mixing plants shall be located not less than 100 feet from any residence other than that of the permit holder, and these plants shall conform to state, federal and local pollution control standards.
(b)
The operation shall be conducted so as to minimize, insofar as practicable, the production of noise, vibration or dust which is hazardous or substantially annoying to persons located off the premises.
(c)
When extraction/processing operations are discontinued, all machinery and equipment which exists incidental to the operation shall be removed. The excavation shall be drained, if necessary and if it is possible to do so by removing obstructions to natural drainage, so that water will not collect therein; all banks or cuts not in rock shall be sloped at an angle no steeper than 1 1/2 foot horizontal to one foot vertical, except that banks or cuts located within 200 feet of a road right-of-way shall be sloped no steeper than 2:1; pit or quarry bottoms shall be left in generally level condition, excess boulders, rocks, stones or other unusable material shall be buried; scrap machinery and other similar debris shall be removed. These reclamation activities shall be completed within one year of the date of discontinuance.
(d)
In the case of existing mineral extraction/processing operations, an approved permit shall allow extractions to continue to the extent achievable under the ownership or control rights of the applicant within the bounds of the deposit being extracted and all processing activities regularly associated with such extractions. In the case of limited, short-term operations, an approved permit shall allow extraction/processing operations up to two years in duration and 10 acres in area, except that:
[1]
A single two-year extension may be granted if deemed necessary after the request is reviewed by the Planning Commission.
[2]
Larger area requirements will be considered by the Planning Commission after submittal of a site plan and determination that the increased area is necessary.
C.
Standards for conditional uses:
(1)
Dimensional rules and standards for conditional agricultural uses allowed in this district shall be set in the course of conditional use review by the Planning Commission.
(2)
Type II mineral extraction/processing operations: conditional use procedures and standards:
(a)
The application for conditional use permit shall be accompanied by the following information:
[1]
Ownership and management data. Information on location of the proposed site of the operations, ownership of the land, leasehold, license or other property interests, and accurate information on the identity of all individuals, partnerships, associations or corporations which will be involved in the control of the proposed operations. The purpose of this requirement is to allow the Planning Commission to determine accountability for all conditions that it decides to impose upon the activity, and the information shall be sufficiently detailed and complete to accomplish this purpose.
[2]
Operations plan data. Full and complete information on the precise nature of mineral extraction or processing activity that is proposed to be undertaken. Such data shall specifically respond to the factors listed in Subsection C(2)(b), Standards for decisions, below.
[3]
Reclamation plan data. Full and complete information on the nature of reclamation which the applicant proposes to undertake to satisfy the standards listed in Subsection C(2)(b), Standards for decisions, below.
(b)
Standards for decisions. In order to grant a conditional use permit the Planning Commission:
[1]
Must find that mineral extraction or processing is an appropriate land use at the site in question, based upon consideration of factors such as ability of the operation, as described in the proposed operations plan, to avoid harm to the public health, safety and welfare and to the legitimate interests of nearby properties; and
[2]
Must find that an operations plan, which the Planning Commission shall direct be imposed as a condition of approving the conditional use permit, will protect affected public and private rights against undue interference; and
[3]
Must find that a reclamation plan, which shall similarly be imposed as a condition of approval, will be enforceable and, as enforced, will result in a condition which is reasonably safe, attractive and, if possible, conducive to productive new uses for the site; and
[4]
Shall attach such conditions to each approved application as are necessary to assure that the operation will satisfy the standards set forth above; and
[5]
Shall specify a period of time not to exceed five years during which the permit shall be in effect. The permit may be renewed upon application for periods of up to five years. All permitted operations shall be inspected within the first year of operation by the Planning Commission or its agents and shall be inspected at the time a request for renewal is before the Planning Commission to determine if all conditions of the operation are being complied with. If such inspections yield information showing that all conditions have been met, the applicant shall be entitled to renewal of the permit unless such renewal would be contrary to state law. Permits may be amended upon application to allow extensions or alterations in operations under new ownerships and managements; and
[6]
Shall require reasonable assurance that the conditions it imposes will be satisfied. Such assurance shall be achieved through some combination of:
[a]
Performance bonds or substitute guarantees in the form of pledge collateral;
[b]
Establishment of performance bonds into which deposit shall be made to assure financial resources for investments in reclamation work;
[c]
Clear identification of the relationships between landowners, lessees, licensees and operators and the signing of written pledges by those persons who assume responsibility for various elements of the conditions imposed.