It is declared to be the policy of the county to provide for the reclamation of lands disturbed by mining in order to encourage productive use thereof, including, but not limited to, the planting of forests; the seeding of grasses and legumes for grazing purposes; the planting of crops for harvest; the enhancement of wildlife and aquatic resources; the establishment of recreational, home and industrial sites; and for the conservation, development, management and appropriate use of all the natural resources of such areas for compatible multiple purposes; to aid in maintaining or improving the tax base; and protecting the health, safety and general welfare of the people, as well as the natural beauty and aesthetic values, in the affected areas of the county.

   A.   No person, firm or corporation shall hereafter engage in the mining of topsoil, earth, clay, gravel, sand, stone or other minerals on any land within the county of Kane, located outside the boundaries of any city, village or incorporated town without first obtaining from the county a mining operations license in such form and in such manner as shall hereinafter be provided.

   B.   No mining operations license shall be issued or be renewed, pursuant to this ordinance unless the mining proposed to be conducted is a permitted use of the applicable land under the provisions of the county zoning ordinance, as amended.

   A.   Any person, firm or corporation desiring to commence the mining and processing of topsoil, earth, clay, gravel, sand, stone or other minerals shall make written application for such license to the zoning enforcing officer of the county. Application for such license shall be made upon a form furnished by the zoning enforcing officer, which form shall contain a description of the tract, or tracts, of land and the number of acres thereof to be mined by the applicant and which description shall include the section, town, range and county in which the land is located and shall otherwise describe the land and that portion thereof to be mined with sufficient certainty so that it may be located and distinguished from other lands, and a statement that the applicant has the right and power by legal estate owned to mine and reclaim that land so described. Such application shall be accompanied by the following:

      1.   A bond meeting the requirements hereinafter set forth in this ordinance.

      2.   A detailed map of the land drawn at a scale of one inch equals one hundred feet (1":100') showing at least the following specifics:

         a.   Existing topographical features at two foot (2') contour intervals, up to and including seven percent (7%) grade. Greater than seven percent (7%) grade would require five foot (5') contours.

         b.   Location of watercourses and drainage systems.

         c.   Outline of area to be excavated.

         d.   The proposed location of sorting, grading, crushing, recycling and similar equipment necessary to the operation and initial distribution of the excavated products.

         e.   The proposed location of any buildings, scale house, equipment storage areas, and equipment repair sheds or areas.

         f.   The proposed location, in detail, of all stockpiles such as, but not limited to, overburden, topsoil and mined, processed and recycled material.

      3.   A detailed reclamation and landscape plan and map drawn at a scale of one inch equals one hundred feet (1":100') designating which parts of the land shall be reclaimed for forest, pasture, crop, horticultural, home site, recreational, industrial or other uses including food, shelter and ground cover for wildlife, and shall show the same by appropriate designation on the reclamation and landscape plan. The reclamation and landscape plan and map shall specify progress and completion dates of the reclamation and landscape plan; provided, however, the reclamation is to be completed prior to the expiration of three (3) years after the termination of the mining operation on the land. In the event the operator and the county shall mutually determine that characteristics of the area concerned have been found to be present during the conduct of mining, changes may be made in the original reclamation and landscape plan by mutual consent of the operator and the development committee of the county board, which change shall preserve, as substantially as possible, the original reclamation and landscape plan, and shall also provide for the previously unknown variables. Contours shall conform to requirements of development proposed, but not less than required for existing original topography.

      4.   A written statement containing an explanation of the character of the site to be mined and of the character of the surrounding territory, an explanation of the reclamation plan and an explanation of the schedule of development.

      5.   In satisfaction of the requirements of subsections A2, A3 and A4 of this section, applicant shall be permitted to submit the forms, including the reclamation plan and reclamation map, delivered by him to the proper department of the state, in his application for a permit under an act of the general assembly entitled: "the surface-mined land conservation and reclamation act".

   A.   Each license issued hereunder shall be effective for a period of five (5) years from and after the date of the issuance thereof, provided the requirements of operation and reclamation, as are set forth under the operators permit and application, shall be met. An examination of the premises shall be made by the zoning enforcement officer of the county at intervals of not more than each six (6) months during the term of operation.

   B.   Each license shall be renewable for successive five (5) year terms upon written application therefor to the zoning enforcing officer, accompanied by a bond, meeting the requirements hereinafter set forth in this ordinance and a sworn statement detailing compliance with the progress requirements for the completion of the approved reclamation and landscape plan and a satisfactory inspection record over the previous five (5) year period.

   A.   Each person, firm or corporation to whom a mining operation license is issued may engage in mining upon the lands described in the license, subject to the following regulations:

      1.   The mining operations shall be conducted in compliance with the laws of the state and federal government, especially as related to safety standards, and ordinances and resolutions of the county of Kane, as amended from time to time, and in compliance with and furtherance of the approved reclamation plan for the affected land.

      2.   Clearing of the mining site shall include the moving of existing trees and shrubs to such locations as will provide screening as hereinafter provided whenever possible or as will conform to the plan for ultimate use of the property as shown on the reclamation plan to be submitted.

      3.   Maximum depth of excavation shall not be below existing groundwater, except in such cases where the reclamation plan indicates that a lake or lakes will be part of the final use of the land or where such plan indicates that adequate fill from overburden is to be used to refill such excavation for conformance to the approved reclamation plan.

      4.   Adequate planting including native species and/or fencing shall be provided along all public roads adjacent to the property involved, sufficient to screen the operation from public view, as shown on approved reclamation and landscape plan and as approved by the county board in granting a special use.

      5.   Not more than one entrance and one exit from a highway or road shall be provided to the area of operation. Such entrance shall be subject to approval by the department of highways having jurisdiction and shall, preferably be located along a secondary road, and shall be located as to avoid the routing of vehicles to and from the mining operation over streets that primarily serve abutting residential development. If required, by the highway department having jurisdiction, acceleration and deceleration strips shall be provided on either side of such entrance and exit, of not less than one hundred feet (100') in length each, and shall be paved of such material as shall be required by the highway department having jurisdiction. Furthermore, a paved road from the entrance and exit, a distance not less than three hundred feet (300') from the right of way line into the area of operation shall be provided in order to minimize the deposit of dirt and gravel from trucks onto the public highway. Such pavement shall be in accordance with the specifications of the county highway department. Entrances and exits shall be provided with the gates to be securely locked during hours of inoperation.

      6.   Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to prevent spillage onto the public highway. Hours of arrival and departure of transport vehicles shall be from six o'clock (6:00) A.M. to seven o'clock (7:00) P.M. from April 1 until November 1. The rest of the year the arrival and departure of transport vehicles shall be restricted to six o'clock (6:00) A.M. to six o'clock (6:00) P.M. Hours may be extended during a public emergency during which sand, gravel or limestone is needed and upon the order of the county sheriff, the county engineer, or the director of the county development department. The county board member representing the district in which the mining operation is located shall be notified as soon as permission is granted for extended hours of operation.

      7.   Overburden shall not be removed in excess of the area to be mined within one year. Development toward final plan shall be carried on as excavation progresses. Where ground cover or other planting is indicated on approved plan, such planting shall be made in areas where excavation is completed and land is not being used for material storage before further overburden is removed and in order to ensure development as operations proceed.

      8.   Mining operations, not including maintenance of equipment used in the mining operation shall be conducted only during the hours from six o'clock (6:00) A.M. to six o'clock (6:00) P.M., except during a public emergency during which sand and gravel is needed and upon order of the county sheriff, the county engineer or the director of the county development department. The county board member representing the district in which the mining operation is located shall be notified as soon as permission is granted for extended hours of operation.

      9.   No extraction operations shall be conducted in such a manner as to permanently lower the water table of surrounding inhabited properties.

      10.   Where required by the county board in granting a special use for a mining operation, to promote safety, a fence shall be erected which shall be of a nature and character to protect the general public from danger.

      11.   Weeds and other unsightly or noxious vegetation shall be cut or trimmed at least twice a year or as may be necessary to present a reasonably neat appearance and to prevent seeding on adjoining property.

      12.   Existing trees and ground cover along public road frontage shall be preserved, maintained, and supplemented for the depth of the required roadside setback.

      13.   Upon the completion of operations, the land shall be left in a condition so that sufficient drainage is provided in order to prevent water pockets or undue erosion with all grading and drainage such that natural stormwater leaves the entire property at the original, natural, drainage points and that the area drainage to any one such point is not increased. In the event the reclamation plan shall provide for the permanent establishment of a lake, the grading and drainage may be altered, but not in such a manner as to cause damage or inconvenience to surrounding or abutting properties.

      14.   Graded or backfilled areas or banks in the cases of excavations made to water producing depth shall be covered with topsoil to a minimum depth of six inches (6"). Such topsoil shall have a minimum of twenty five percent (25%) organic material except that no greater depth of topsoil or percentage of organic material shall be required than originally existing on property prior to the commencement of operation.

      15.   Upon replacement of the topsoil, trees, shrubs, legumes, grasses or ground cover, native species if possible shall be planted in accordance with the approved landscape, soil erosion control and reclamation plan.

      16.   Whenever production on any property shall have been completed, all buildings, plants, structures (except fences) and equipment shall be entirely removed within six (6) months after such completion, unless same are to be used in connection with the reclamation project proposed or relative to the removal of stored materials. Any and all stockpiled materials shall be removed in not more than two (2) years following cessation of production and the area occupied by such stockpiled material, or materials, shall then be restored as provided for in the reclamation plan.

      17.   Whenever production on any property involves blasting such operation shall be in accordance with the Illinois department of mines and minerals regulations. In addition, these operations shall have a seismograph located on site available to calibrate ground disturbances in close proximity to the mining.

      18.   Concrete and asphalt may be stockpiled on the mining site for recycling purposes only. Recycling of these materials may only be conducted in conjunction with a licensed mining operation and in accordance with Illinois environmental protection agency applicable regulations. Concrete and asphalt to be recycled and its byproducts (such as, but not limited to, reinforcing bar and wire mesh), must be properly processed and disposed of at a minimum of one time per year. All activity associated with concrete and asphalt recycling shall not be conducted closer than two hundred feet (200') from the boundaries of an adjoining property line. Maximum height of stockpiles shall not exceed berms as approved on the reclamation map, and/or exceed the height of excavation below grade.

All recycled materials shall be certified as to origin and potential for groundwater or surface water contamination. A settling basin shall be provided for all runoff generated from recycled materials and associated activities. A minimum one hundred foot (100') separation from any surface waters shall be provided from recycled materials and associated activities.

Unless otherwise specifically provided in the applicable special use permit, production, processing and excavation shall not be conducted closer than two hundred feet (200') to the boundary of any zoning district where such operations are not permitted, nor shall such production, process or excavation be conducted closer than one hundred feet (100') from the boundaries of an adjoining property line, nor shall such production, processing and excavation be conducted closer than one hundred fifty feet (150') to the right of way of any existing or platted street, road or highway.

The bond herein required to be filed with the zoning enforcing officer shall be in such form as the county development committee of the county board shall prescribe, payable to the county, and conditioned that the principal shall faithfully perform and complete the reclamation plan approved as herein provided, and such bond shall be signed by the license applicant as principal. The penalty of such bond shall be five thousand dollars ($5,000.00) plus such additional amount as will equal two thousand dollars ($2,000.00) for each acre or major portion thereof of land proposed by the principal to be thereafter mined.

Any mining operation legally commenced prior to the adoption of this section shall be exempt from the requirements hereof, except that said operations shall not be exempt from the requirements pertaining to mining operation license requirements, the hours of operation, the operation of motor vehicles and safety regulations.

Upon failure by the holder of a mining operations license, issued pursuant to the provisions of this section, to fully comply with the provisions hereof and when same has been certified by the director of the county environmental protection department to the county zoning board of appeals, the said board of appeals shall give notice to said licensee, and the owner of the land (which notice may be given by mail addressed to their last known address) setting forth the provision of this section being violated by the licensee, and the time and place of hearing to be held by said board of appeals to consider the same; and upon such hearing being held, if said board of appeals shall find that the provisions of this section have not been complied with by the licensee the mining operations license may thereupon be suspended or terminated by said board of appeals.

Any person, firm, corporation or company who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of, any of the provisions of section 25-15-1-4 of this chapter and each subsection thereof, shall be subject to a fine of not more than two hundred dollars ($200.00) for each offense. Each day that a violation continues to exist constitutes a separate offense. (Ord. 80-37, § 7, 3-13-1980; Ord. 90-176, 8-14-1990; Ord. 92-187, 9-8-1992; Ord. 94-79, 4-12-1994)