The general purpose of the extraction industries overlay zone is to provide for the operation of extraction industries in Hildale City, while regulating the operation of such industrial uses particularly on properties in close proximity to residential districts and to provide regulatory standards and procedures to ensure the reclamation of the extraction industry sites upon completion of the extraction processes.

1. Standards for development contained herein are intended specifically to accomplish the following purposes:
   1. To minimize the adverse effects of development and operation of extraction industries on neighboring properties;
   2. To preserve and/or reclaim visual and aesthetic qualities of properties in which the extraction industries will operate which are vital to the aesthetic quality of the city and quality of life of its residents; and
   3. To ensure adequate security is posted to ensure the successful and timely reclamation of properties in which extraction industries operate at the conclusion of such development and operation.
2. The underlying zoning shall control the property once the extraction industry work is completed and the extraction industries overlay zone has been removed.

This extraction industries overlay zone will provide for the excavation of clay, soil, granite, flagstone, slate, shale, limestone, sand, or gravel and other similar extraction of natural resources from the land by excavating, stripping, leveling, or other compatible extraction processes; and further allow for and regulate the processing of extracted materials on or off site within Hildale City for commercial purposes.

The extraction industries overlay zone may be applied to all zoning districts as established in this land use code.

The following are permitted uses within an approved extraction industries overlay zone: Accessory uses and buildings, customarily incidental and subordinate to a permitted use. Sand, gravel, rock, clay and similar natural resources extraction mining, and quarry activities.

An extraction site plan is required for a zone change to the extraction industries overlay zone. The site plan and reclamation plan may include any conditions the city council, with the recommendation of the planning commission, deems reasonable and necessary to accomplish the purposes of this chapter. An annual review for compliance of the approved site plan will be made by the city council. The city staff will conduct all necessary inspections to assist the city council with its annual review and evaluation process.

1. An application for an extraction industries overlay zone shall be accompanied by a site development plan and reclamation plan prepared in accordance with the provisions of this chapter and submitted to the zoning administrator in a form established by the administrator along with any fee established by the city. The application shall include at least the following information:
   1. Name, address, and telephone number of the applicant (property owner) and applicant's agent (if any);
   2. A legal description and map of the property to be subject to the overlay zone;
   3. A statement of the current land use and zoning; and
   4. Name, address, and telephone number of the firm retained to undertake the extraction operation, if different from the applicant.

1. Drawings:
   All drawings required below shall be prepared by a professional engineer, licensed in the state of Utah.
2. Plan Requirements:
   1. General Site Plan:
      All property included in the proposed overlay showing any existing or proposed buildings, parking areas, and roadways.
   2. Excavation Map:
      This should be a topographic map, at a scale of one inch equals two hundred feet (1" = 200') to a maximum contour interval of four feet (4'). This map shall include a general depiction of the area at least five hundred feet (500') beyond the proposed excavation and show the location of the operations and proposed haul roads. This map shall identify the phases of the excavation, the planned depth and the location of stockpiles, mine tailings, milling and processing systems, and cross sections of the excavation site in areas of greatest material displacement. The number of required cross sections shall be dependent upon the size and topography of the excavation site.
   3. Development Schedule:
      A text summary of the estimated development schedule and time frame shall be submitted. This text should outline the estimated operational life of the project, and should summarize phased extraction plans and corresponding phased reclamation and estimated time frames for each phase.
   4. Roadway Plan:
      Address the anticipated impact on existing streets, reflecting the trip generation rate, along with the planned construction of any new streets, including all proposed haul roads, and the access for such roads to any state roads. Provide the anticipated type and number of heavy equipment to be used, assuming full time operation and hauling of forty (40) hours per week and the individual gross vehicular weight. Show travel impact on any existing city streets, including amount of traffic. Provide proposed mitigation of haul stress on improved city roadways. Additional improvements to, or replacement of, surfaces and subsurfaces may be required as a condition of approval.
   5. Utility Plan:
      Show the location of all utility lines and facilities, if any, including, but not limited to, water, sewer, power, cable television, natural gas and telephone within the project area. This plan shall indicate the proposed point of connection to utilities.
   6. Nuisance Mitigation Plan:
      Provide detailed plan to control and limit dust, noise, vibration, smoke and odor created on the site during actual extraction operations and during idle time. This plan should reflect the requirement that all access and haul roads on the site shall be maintained in a dust free condition by impervious surfacing or some other treatment approved by the city. Dust mitigation must be pursuant to rule R-307-205 of the Utah administrative code, applicable city ordinances, and any other applicable statute or regulation.
   7. Drainage And Discharge Plan:
      Show all natural and modified surface and subsurface drainage systems and the plans to provide erosion protection to the site during operations. This plan shall include provisions for the mitigation of erosion damage on site and within five hundred feet (500') of the project boundary. Additionally, the plan shall disclose the anticipated rate on a daily basis of water consumption, wastewater discharge, drainage volumes, and source of disposal of water to be used in the operation. Plan shall demonstrate compliance with all applicable local, state, and federal regulations governing drainage and wastewater. NPDES standards shall apply.
   8. Soil Geology Report:
      Shall be prepared by a geologist and/or geotechnical engineer specializing in soil mechanics and licensed by the state of Utah. It shall be based upon geological evaluations, test borings, and excavations in a number and at locations that the author of the report shall demonstrate are sufficient to accurately identify and analyze soil types and geologic features within the planned extraction area. Reduced costs shall not be justification for more distant or convenient locations for extractions and borings. Additional soil geologic investigations may be required if the report indicates the presence of conditions that, if not corrected or adequately addressed through design, could lead to unacceptable damage, erosion or soil movement. Such conditions may include, but not be limited to: expansive soils, high water table, soluble mineral veins, slope instability, buried slides, buried stream channels, and fault zones.
3. Investigation:
   The investigation shall include visual appraisal of adjacent lots/parcels for surface geologic/topographic conditions which could affect the proposed extraction site, or could be threatened or degraded by the proposed extraction.
4. Report:
   The soil/geologic report shall also include the following:
   1. Slope stability analysis. Conclusions and recommendations concerning the effects of material removal, introduction of water, ground shaking, and erosion on slope stability, and recommendation for the protection and preservation of any remaining slopes and hillsides after extraction is completed.
   2. The location and yield of springs and seepage sites, if any, within the project.
   3. The development of a complete soils profile identifying the soils to the depth or level of estimated excavation that will constitute the exposed surface soils at the completion of the extraction excavation operation; and
   4. Recommendation for corrective action or design specifications intended to prevent potential dangers identified in the soils investigation, particularly with regard to the mitigation of any impacts on contiguous property.

The reclamation plan shall include both text and appropriate maps and drawings providing the following:

1. Reclamation Timetable:
   1. A written document providing anticipated times for start and finish of reclamation.
   2. If the extraction is to be phased, reclamation shall also be phased.
2. Topographic Map:
   This shall reflect the phases of reclamation and the final site reclamation including the approximate final finished grade of the site and all slopes. The map will be prepared on a scale of one inch equals two hundred feet (1" = 200'), with a maximum contour interval of two feet (2'). This map should represent the site and all property within five hundred feet (500') of the project boundary.
3. Grading Plan:
   This shall show the areas to be reclaimed and the proposed finished grade and the method by which the reclamation is to be accomplished. All restoration material used in the final grading of the site shall be free from refuse or toxic contaminants and shall be compacted as much as is practicable. Final soil depths and types shall be appropriate for the future site use.
4. Revegetation Plan:
   Specifications including the seed or plant type, size, quantities, locations, installation of topsoil, specifications for seeding or planting, mulching and type of irrigation to be used.
5. Drainage/Hydrology Plan:
   Show the hydrological characteristics of the site after reclamation; including the creation or modification of floodplain, erosion characteristics, drainage patterns and wetlands.

Following the completion of excavation and processing activities, or upon removal of the overlay zone for any reason, all buildings, equipment and temporary utilities used in the administration and management of the operations, shall be removed. This removal shall be completed within the first ninety (90) days following the completion of operations.

Following the completion of excavation and processing activities, or upon removal of the overlay zone for any reason, all remaining excavation material shall be removed from the site and located in the M-2 zone within one hundred twenty (120) days.

Plan modifications may be submitted any time during the reclamation process. The modifications must be submitted to the city council with adequate documentation supporting the request. If the city council approves the modification, then the amended reclamation plan will govern the final process.

The amount of security shall be equal to one hundred twenty five percent (125%) of the amount estimated by the city engineer as being necessary to complete the reclamation and site improvements if any as shown on the approved development and reclamation plans. If reclamation is approved in phases, the amount of security may be posted by phase; however, the developer shall not begin extraction/excavation in subsequent phases until the full amount of the security for any such approved subsequent phase has been posted.

1. Security Agreement/Terms:
   Before notice to proceed is granted on an approved site development plan the permittee shall execute a security agreement and provide acceptable security in a form approved by the city attorney as provided below. The security agreement prepared by the city attorney shall include, without limitation, the following terms and conditions:
   1. Incorporation by reference of the site development plan and all data required by this chapter; and the approved reclamation plan with any conditions which is used to compute the cost of the reclamation by the city engineer.
   2. A requirement that the period of time allowed for completion of the reclamation does not exceed one year from the date of completion of the phased extraction.
   3. At completion of any reclamation phase as provided in the reclamation plan, the permittee shall give written notice to the city and request inspection by the city engineer. The reclamation shall be completed to the satisfaction of the city engineer and according to the approved reclamation plan.
   4. The release of security shall be under the exclusive control of the city. The security proceeds may be released only upon written approval of the city manager.
   5. The security proceeds may be reduced upon request of the developer as the reclamation/improvements are completed. The amount of reduction shall be approved by the mayor and city council on advice from the planning commission and city engineer following inspection of the work by the city engineer. Such requests may be made only once every thirty (30) days, and no reductions shall be authorized until such time as the reclamation/improvements have been inspected and found to be in compliance with city specifications. All reductions shall be granted only upon written authorization signed by the city manager.
   6. If the security amount becomes inadequate to pay the actual cost of the completion of the reclamation/improvements for whatever reason, including previous reductions, then the owner/developer shall be responsible for the deficiency and work must stop on the site until a new security agreement providing an adequate security amount has been approved and executed.
   7. If upon written demand of the city after expiration of the security time period, the security proceeds are not transferred to the city within thirty (30) days of the demand, then the city's costs of obtaining the proceeds, including attorney fees and court costs, shall be payable by the applicant. In addition, the applicant shall be liable for the costs incurred by the city in administration of the funds to complete the reclamation work.
   8. The property owner shall hold the city harmless from any and all liability that may arise as a result of the improvements which are installed until such time as the city accepts the improvements.
   9. All reclamation/improvements required under this chapter shall be installed by a contractor or subcontractor licensed by the state of Utah.
2. Form Of Security:
   The required security shall be one of the types provided in the subdivision ordinance, chapter 39 of this chapter.
3. Payment Of Interest:
   Any interest accruing on escrowed funds shall, unless expended for completion of site improvements required, inure to the benefit of the developer and not to the city. The city shall not be required to pay interest to the developer on any funds escrowed for this purpose.
4. Release Of Funds/Retainage:
   The city shall relinquish completion security funds held or security posted as work is completed and inspected. The city shall release funds equal to the actual cost of performing the work as the work progresses minus twenty five percent (25%). The twenty five percent (25%) shall be held for one growing season following completion of the reclamation work to ensure successful reclamation. Upon successful germination and survival of reclamation revegetation, remaining funds shall be released.
5. Modification Of Plans/Increased Security:
   The time period for completion of the required reclamation/improvements may be extended in the following manner:
   1. Upon approval of the city council the time period may be extended, for good cause, an additional one year from the expiration date of the original security agreement;
   2. Said approval shall be in a written form signed by the mayor.
   3. If any approved modification of the reclamation plans, as provided herein, increases the cost of required site improvements, additional security must be provided to cover the increased costs.
6. Phased Projects:
   Site improvements and reclamation work applicable to each phase of a site development plan shall be completed or security for completion provided prior to commencing work on any subsequent phase.

An operations and progress report shall be filed with the city at the end of each calendar year. This report shall summarize the year's extraction activities pursuant to the approved site development and reclamation plans. This progress report shall include a current site plan indicating the current extent of operations, reclamation completed and updates on significant issues raised either by the applicant or the city. The progress report shall include calculations by a licensed land surveyor or engineer indicating the volume of material excavated during the calendar year.

If the progress report shows no activity since the previous report, or if no report is filed, the city shall inspect the site. If no progress on the site is reported or verified, the city shall provide written notice to the applicant specifying a time and place of a public hearing to consider removing the extraction industries overlay and claim the security funds to reclaim the property.

1. Setbacks:
   1. No part of an excavation operation or access road, parking area, office building or crushing, screening, washing, mixing or other type of processing operation shall be permitted closer than three hundred feet (300') to a residential property boundary except for accessory access roads.
   2. 1. The city council shall be authorized to consider modifications to the setback set forth in subsection A1 of this section, when the character of the terrain, the ownership of land, location of surrounding development or other special conditions would justify such modification. However, in no case shall the required distances for any excavation or accessory structure be less than one hundred feet (100') from a residential property boundary.
      2. If a modification authorizing excavation less than three hundred feet (300') from a residential property boundary is granted, the following conditions shall apply:
         1. Hours of operation shall be limited to between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.
         2. Operations are permitted only Monday through Friday.
         3. Council will review every six (6) months rather than annually.
2. Fencing:
   Areas of excavation with serious or hazardous conditions shall be reasonably fenced to exclude entrance by members of the public. Fences shall not be placed closer than ten feet (10') from the edge of any cut slope.
3. Grading/Excavation:
   1. All grading shall comply with standard engineering specifications for slope stabilization in accordance with the latest approved reclamation plans, IBC appendix J, "excavation and grading", and all other applicable city ordinances. Slopes shall be maintained in a manner that will prevent erosion damage on adjacent properties.
   2. Grading shall comply with approved grading plans for the excavation and reclamation activities.
4. Groundwater Contamination:
   1. Extractive operations, drainage, materials storage and use, site access, access to roadways that cross waterways, fueling procedures, reclamation activities and post reclamation uses shall be strictly controlled so as to prevent any possible contamination of the groundwater or surface water.
   2. Standards adopted by the city, in ground water protection ordinances, or by the Washington County health department, and/or state of Utah and federal regulations shall be used to determine the specific controls, programs, safeguards, restrictions, and monitoring required from a specific site. The most restrictive standards shall apply.
   3. The washing of sand and gravel or other extracted materials shall be done so as to prevent the discharge of wastewater directly into adjacent natural watercourses or onto any public or private roads or any private property without the consent of the property owner.
5. Hours Of Operation:
   Excavation operations shall not begin before six o'clock (6:00) A.M., and shall not continue after the hour of ten o'clock (10:00) P.M.
6. Nuisance Abatement:
   1. All equipment on and off site, utilized in the extraction and/or processing operations shall be operated and maintained so as to minimize the noise and vibration from the site.
   2. Access and haul roads on the site shall be maintained in a dust free condition by surfacing or other treatment approved by the city.
   3. Soil berms, landscaping and other techniques should be used to accomplish the objective of reducing the impact to adjacent property of nuisances created by the project.
   4. All reasonable means shall be employed to reduce and mitigate dust, noise, smoke, lights, and odor. Lighting shall be shielded to prevent intrusion onto adjacent properties.
   5. Dust control procedures as deemed necessary by the city shall continue during periods of non-operation.
7. Reclamation:
   1. The reclamation of excavation sites shall be carried out simultaneously with the excavation of the mineral resource or may be reclaimed in phases as per the approved reclamation plan. Excavation shall be planned so as to progressively develop the proposed final landforms by grading and stockpiling overburden materials in areas designated for future landforms according to the approved reclamation plan. Such areas are to be seeded and planted within appropriate planting seasons, but in any case, the grading and planting shall be completed within one year of completion of the phased extraction under the approved plan. If a site plan or a subdivision preliminary plat has been approved on the extraction site which includes an alternative reclamation plan and timetable the previous section may not apply.
   2. If reclamation is proposed to be phased, no extraction shall begin in subsequent phases until extraction is completed in any prior phase and reclamation of prior phases is underway. Appropriate reclamation security shall be posted for any subsequent phases.
   3. Any approved phased extraction and reclamation shall be incorporated into the extraction/excavation site plan and shall be subject to annual review.
   4. Failure to comply with reclamation timetables and conditions are violations of this land use code and may be prosecuted accordingly.

1. The applicant shall submit a complete application, site development plan, reclamation plan, and applicable fee to the zoning administrator.
2. After the application and accompanying plans have been reviewed by staff and the joint utilities committee and upon determination that the application is complete, a staff report shall be prepared.
3. The planning commission shall hold a public hearing as provided in section 152-7-4 of this chapter. Following a public hearing the planning commission may recommend for approval, recommend for approval with modifications, or recommend for denial thereof to the city council.
4. Following receipt of a recommendation from the planning commission, the city council shall hold a public meeting on the application as provided in section 152-7-4 of this chapter. The city council may approve, approve with modifications, or deny the application.

In approving an extraction industries overlay, the following factors shall be considered:

1. That the proposed plans will comply with the regulations and conditions specified in this chapter for such use.
2. That any impacts created by the proposed plans such as dust, noise, vibration, water discharge, drainage and haul stress on improved city roadways, will be reasonably mitigated under the proposed site development plan and reclamation plans.
3. If the imposition of any conditions or amendment to the proposed plans can be made to bring the plans into compliance with this chapter.