(A)   The purpose of this section is to recognize that surface operations in urban areas are land uses with unique environmental effects calling for special regulatory controls to ensure that:

      (1)   Extraction, processing, and fill operation areas shall operate in a manner that is compatible with the natural and man-made environment;

      (2)   Adverse impacts on nearby residential and institutional areas and on property values are minimized; and

      (3)   Mined and filled areas are restored to productive use compatible with their surroundings.

      (1)   Meeting requirements herein concerning:

         (a)   Hours of operation;

         (b)   Spillage;

         (c)   Fencing, landscaping, and screening;

         (d)   Safety;

         (e)   Notice; and

         (f)   Maintenance of site.

      (2)   Meeting all requirements herein on any expansion or enlargement of the operation onto additional property not being mined and/or filled on the date of adoption; and

      (3)   Meeting such requirements on the original property as a prerequisite to such expansion to the extent the President and Board of Trustees shall judge practical.

      (4)   No permit shall be required for the following classes of excavation, grading, or filling operations:

      (1)   A map or maps at a scale of 1 inch to 100 feet showing:

         (a)   Existing topography at two-foot contour intervals;

         (b)   Locations of existing watercourses and drainage systems;

         (c)   Location and extent of flood hazard areas;

         (d)   Boundaries of the area to be excavated, graded, and/or filled and of each phase thereof if excavation, grading, and/or filling is to proceed in phases;

         (e)   Locations of structures, equipment and materials storage and stockpiling areas, equipment repair areas and processing areas;

         (f)   Locations of equipment used for grading, crushing, sorting, filling and other purposes;

         (g)   Location, orientation, and dimensions of proposed landscaping, berming, screening, fencing and gates;

         (h)   Locations, dimensions and surface treatment of proposed entrance and exit drives, on-site haul roads, acceleration or deceleration lines and parking areas;

         (i)   Access routes between the property and the nearest arterial street as designated on the village Comprehensive Plan;

         (j)   Location, width and grade of all rights-of-way or easements on or abutting the property;

         (k)   Typical cross- sections showing extent of overburden, extent of deposits of materials to be extracted, graded, and/or filled, and water table; and

         (l)   North arrow, scale, date of preparation and name of registered civil engineer, landscape architect or surveyor that prepared the map.

         (m)   The portion of the property that is to be excavated, graded or filled.

         (n)   When applicable, the location and depth of any well situated within 50 feet of the proposed excavation and/or filling.

      (2)   Descriptions of:

         (a)   Types and disposition of earth products to be mined and/or used as fill. No new fill operation shall be conducted with any material except clean, non-burnable fill containing no trash, refuse, or harmful matter;

         (b)   Character and composition of vegetation and wildlife on land to be affected;

         (c)   Nature, depth and proposed disposition of overburden;

         (d)   Estimated depth, type and quantity of material to be excavated, graded, or filled, and the estimated part thereof that will be used for grading or filling;

         (e)   Techniques of extracting and processing and filling to be used;

         (f)   Equipment to be used;

         (g)   Practices to be used to minimize environmental effects such as noise, dust, vibration and pollution of air and surface and underground water;

         (h)   Recycling of water used for washing and grading and proposed usage and drainage of excess water;

         (i)   Proposed days and hours of excavating and processing, grading and filling; and

         (j)   Estimated dates of beginning and completion of all operations on the site.

      (3)   A reclamation plan meeting the requirements herein; and

      (4)   A bond meeting the requirements herein.

      (5)   Upon written request of the applicant, application information concerning subsections (2)(a) and (d) shall be held confidential.

      (1)   Locations of proposed watercourses, water features and drainage systems;

      (2)   Future structures, land uses, roadways and open spaces;

      (3)   Staged schedule of reclamation actions by area detailing dates of completion and reclamation methods and materials;

      (4)   Future landscaping and ground cover; and

      (5)   Final grading.

   (J)   Staged reclamation action. Reclamation according to the reclamation plan shall be pursued and completed in stages as excavation and filling progress. All reclamation provided for hereunder shall be carried out to completion by the operator prior to the expiration of three years after active use has ceased. When an extension of the reclamation period is necessary to allow continued mining operations and to accomplish acceptable reclamation, such extension shall be made at the discretion of the village and subject to the approval of all applicable state agencies.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 18-O-14, passed 5-15-2018; Ord. 19-O-02, passed 1-15-19)

   (A)   Water table.

      (1)   Maximum excavation depth shall not be below existing groundwater except where the reclamation plan provides for a water feature or for refilling of such excavation. Any such refilling shall be in conformance with applicable state and federal laws and regulations governing ground water pollution.

      (2)   No extraction operation shall permanently and harmfully lower the water table of surrounding inhabited properties.

      (3)   Water pumped from the site for washing shall be retained in a pond until the silt and clay settles and then recycled in the area affected.

   (B)   Hours of operation. To reduce the harmful impact of noise on surrounding properties, all surface mining, CCDD, USFO and other related fill operations shall be conducted only during the hours indicated below except during periods of public emergency in which material excavated at the site are needed.

 

 

   (C)   Spillage. Trucks hauling excavated and/or fill material shall be loaded or covered so as to prevent spillage onto public streets. Any spillage on such streets shall be removed by the operator at least once every 24 hours.

      (1)   A barrier screening plan must be approved by the Village Board. Said plan to include, but not be limited to an earth berm, a solid or sound attenuating fence or wall, landscaping, or a combination thereof. Said barrier must be sufficient to:

         (a)   Screen the operation from view of a public streets, public park, and/or adjacent properties developed as residential; and

         (b)   Discourage trespass by the public; and

      (2)   The barrier screening plan may pursuant to Village Board approval defer or waive the implementation, construction and/or installation of the required barrier screening measures, if:

         (a)   Mineral extraction, CCDD, USFO, and/or fill activity is adjacent to property that is owned or under the control of the mining, CCDD, USFO, and/or fill operator; or

         (b)   Mineral extraction activity is 1,000 feet or more from the abutting property and does not create an impact based upon the barrier screening requirements set forth in division (D)(l) through (7) herein.

      (3)   In cases where an earth berm is required, the minimum slope shall be three to one and said berm shall be planted with trees a minimum of ten feet tall at time of planting and spaced a maximum of 25 feet apart. The earth berm shall also include ground cover over its entire surface—except for portions planted in trees, shrubs, flowers—no later than the next growing season after its installation.

      (4)   Where the required screening abuts property used as a public park, public right of way or developed with residential dwelling units, the berm or other approved screening improvements shall be a minimum of 50 feet from said boundary line.

      (5)   Entrances and exits to the property shall be provided with gates that shall be securely locked during hours of in operation.

      (6)   Existing trees and ground cover within the required yards shall be preserved wherever possible. Weeds which are not exempt under § 12.07(E) of this code shall be cut or trimmed as necessary to present a reasonably neat appearance, to prevent seeding on adjoining property, and to reduce the hazard of grass fires.

      (7)   As long as the earthen berms and/or required screening measures are proceeding pursuant to an approved construction schedule, mineral extraction, CCDD, USFO, and/or fill operations may occur.

      (1)   A maximum of one driveway onto public streets shall be provided.

      (2)   Where possible, the driveway shall avoid routing of vehicles used in the operation over streets primarily serving residential areas. Where necessary in the judgment of the President and Board of Trustees, paved acceleration and deceleration lanes at least 100 feet in length shall be provided on either side of an entrance or exit.

      (3)   To minimize airborne dust and the deposit of dirt and gravel on public streets, a drive into the site of not less than 300 feet from the public streets right-of-way at each entrance or exit shall be either paved or oiled or sprayed with calcium chloride or a similar product to create a dust-free surface.

 

 

   (I)   Noise. Performance standards for noise herein applicable to heavy industry shall apply to all operations. Operations producing the highest levels, such as crushing machines or haul roads for truck movement, shall be located as far from lot lines as practical.

   (J)   Maintenance of site. The site shall be maintained in a neat and orderly condition, free of junk, trash or unnecessary debris. Buildings shall be maintained in good repair and appearance. Salvageable equipment stored in non-operating condition shall be screened or enclosed.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 18-O-14, passed 5-15-2018; Ord. 19-O-02, passed 1-15-19; Ord. 24-O-05, passed 3-19-2024)

   (A)   Removal of materials after completion. Stockpiled materials and structures and equipment needed for removal thereof shall be removed within two years after the completion of production in any area. All other structures, except structures shown on the reclamation plan and fences, shall be removed within one year after the completion of production in the area, as shall stumps, boulders and other debris resulting from excavation and related activities.

   (B)   Replacement of topsoil. Areas not under water shall be covered with arable topsoil at least six inches deep or as deep as was present on the land prior to excavation, whichever is less. Such topsoil shall contain at least 10% organic material, or the percentage present prior to excavation, whichever is less.

   (C)   Replacement of ground cover. To avoid erosion, vegetative ground cover in conformance with the reclamation plan shall be planted upon all areas on which topsoil has been replaced.

   (D)   Grading and drainage.

      (1)   After production is completed, sufficient drainage shall be provided to avoid water pockets, undue erosion, and increased runoff onto erosion, and increased runoff onto erosion of surrounding properties or public streets. To the extent possible, points of drainage and drainage volume off the site shall be the same as they were before the operation began.

      (2)   All open excavation shall be back-filled with earth or other suitable fill material approved by the Village Engineer to the grades indicated on the reclamation plan. No pits with side slopes greater than 30 degrees shall remain on the site when finished unless such slopes are under water.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-02, passed 1-15-19)