(A)   This subchapter is to inform the public of the significant potential for the development of extractive industry within the county and to minimize the adverse effects of extractive industry development on public and private land uses within the county. The county recognizes that the orderly development of extractive industry is essential to the economic well-being of its residents and to the needs of society. The county likewise recognizes that conflicts may arise when extraction occurs in proximity to less intensive land uses. This subchapter will serve to inform the public that lands in the county may be subject to extractive industry development by surface and/or underground means. This subchapter also informs developers of additional requirements for securing a conditional use permit for extractive industry development in the county.

   (B)   The County Commission hereby finds and declares that:

      (1)   Extractive industry is essential to the economic well-being of the county and to the needs of society, and that reclamation of affected lands is necessary to prevent or minimize adverse effects to the environment, provide for future beneficial land use, and to protect the public health and safety;

      (2)   Extractive industry and associated activities and facilities may be allowed in zoning districts as described in Chapter 6 of this zoning title, subject to the provisions and regulations set forth in this subchapter and special requirements and conditions may be required and included in the permit, when deemed necessary, for the protection of public and private interests;

      (3)   Each new large-scale extractive industry development shall be required to prepare a socioeconomic impact study, at the operator’s expense, to identify actual and potential impacts to units of local government and adjacent land uses arising from the development of lands within the county;

      (4)   Each new small-scale extractive industry development may be required to prepare a socioeconomic impact study, at the operator’s expense, to identify actual and potential impacts to units of local government and adjacent land uses arising from the development of lands within the county;

      (5)   Land use conflicts that may result from development of lands by extractive industry shall be minimized by the provision for adequate buffer zones, mutually beneficial to all concerned;

      (6)   Off-site mitigation may be required when the county deems the proposed reclamation of land disturbed by an extractive industry to be undesirable or insufficient for practical future beneficial use;

      (7)   Reclamation of lands within the county for future beneficial use is a matter of local concern and jurisdiction, for the protection of the public interest, health, and safety;

      (8)   Extractive industry development may occur in areas of diverse geologic, topographic, biological, and social character, and reclamation of disturbed lands may vary from site to site; and

      (9)   An appropriate buffer zone, extending outward from the area of disturbance, shall be established at the discretion of the County Commission upon evaluation of the considerations found in § II-20.008. The standard buffer zone shall be no less than 500 feet from the area of disturbance, subject to the application of the provisions of §§ II-20.030 through 20.035 in such case the buffer zone may be less than 500 feet.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.1; Ord. 16-03, passed 7-21-2017)

   (A)   The provisions of these regulations shall apply to all lands proposed to be developed by large and small-scale extractive industry, as herein defined, within the jurisdiction of the county.

   (B)   This chapter shall supersede the provisions of Chapter 19 of this zoning title for extractive industry only.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.2; Ord. 16-03, passed 7-21-2017)

   A completed conditional use permit application, along with all supporting documentation, shall be submitted to the Planning Department for review at least 22 days prior to a regularly scheduled Planning and Zoning meeting.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.3; Ord. 16-03, passed 7-21-2017)

 

 

 

 

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.4; Ord. 16-03, passed 7-21-2017)

   (A)   A map(s) accurately identifying the following:

      (1)   All adjacent landowners within 500 feet of the proposed permit area of the operation by name;

      (2)   Proposed permit and disturbance area;

      (3)   Access roads;

      (4)   Haul roads;

      (5)   Buffer zones;

      (6)   An aerial photo of the site location;

      (7)   A topographic map of the site location;

      (8)   All waste disposal sites;

      (9)   All material storage areas;

      (10)   All setbacks (distance in feet from furthest most projection of structure to all lot lines and/or road rights-of-way);

      (11)   All existing and proposed structures, dimensions, design specifications, and location of all facilities (i.e., pump stations, gas tanks, and the like);

      (12)   Proposed and existing grading, drainage patterns, and landscaping;

      (13)   Proposed and existing improvements, including sewer and water facilities, parking, and roads;

      (14)   All property lines and dimensions of the lot(s);

      (15)   Proposed and existing wells;

      (16)   Proposed and existing septic systems and drain fields;

      (17)   Access to public roads and intersections of public roads; and

      (18)   Proposed reclamation map.

   (B)   A written summary to include, but not be limited to:

      (1)   Proposed method of operation and processing;

      (2)   Include the address and telephone number of the operator and authorized local representative;

      (3)   Proposed land uses;

      (4)   Proposed and existing signs and locations;

      (5)   Proposed timeline for completion of operation;

      (6)   Parking and loading plans pursuant to Chapter 7 of this zoning title;

      (7)   Relationship of the proposed operations to the surrounding area;

      (8)   Demonstrate sufficient provision for access to adjacent lands during active mining operation and reclamation; and

      (9)   Potential impacts to public roads.

   (C)   Buffer zone waiver(s) forms (if applicable).

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.5; Ord. 16-03, passed 7-21-2017)

      (1)   Each large-scale application shall be accompanied by a socioeconomic impact study which identifies the potential impact of the development on the following areas, and mitigation measures proposed to address those impacts. These areas to be addressed by the socioeconomic impact study area considered to be minimums. The County Commission may determine, based upon circumstances unique to the application, that additional areas will be addressed by the study. In such cases, the applicant will be so informed at the earliest practical stage of the application process.

      (2)   The following areas shall be addressed in the study:

         (a)   Population base;

         (b)   Employment base;

         (c)   Tax base;

         (d)   Housing;

         (e)   Education;

         (f)   Law enforcement;

         (g)   Fire protection;

         (h)   Water;

         (i)   Sewer, solid waste;

         (j)   Roads;

         (k)   Health services;

         (l)   Parks and recreation;

         (m)   Proposed reclamation plan; and

         (n)   Adjacent land use.

      (1)   Roads;

      (2)   Proposed reclamation plan; and

      (3)   Adjacent land use.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.6; Ord. 16-03, passed 7-21-2017)

   (A)   The Planning Department shall review the completed conditional use permit application for compliance with this subchapter. Any application not containing and/or addressing all the information required in § II-20.005 shall be rejected and returned to the applicant together with the reasons for rejection.

   (B)   If the Planning Department finds the application in compliance with this subchapter, a Planning and Zoning informational meeting will be scheduled for the next regular meeting.

   (C)   An informational meeting will be held in front of the Planning and Zoning Board. The Planning and Zoning Board shall schedule an on-site visit to the proposed location.

   (D)   After the informational meeting has been held, a public hearing will be scheduled in front of the Planning and Zoning Board.

   (E)   (1)   The Planning Department will prepare the notice of hearing letters and the property owner’s list of those persons who own land within 500 feet of the proposed permit area. (Note: the 500-foot buffer zone waiver may be different than the 500-foot notice to adjacent landowners.)

      (2)   The Planning Department will notify the applicant when the property owner’s list and the notice of hearing letters have been prepared. The applicant must send a copy of the notice of hearing letter to each of the property owners on the list by certified mail with return receipt requested. The notice letters must be mailed no less than seven days prior to the date of the public hearing. The white receipts for certified mail must be returned to the Planning Department prior to the date of the public hearing. The green return receipt cards must be returned to the Planning Department prior to the file being closed. These are retained in the Planning Department as part of the official record to document that the required mailings were completed. If the mailing has not been completed as stated herein, the hearing must be continued to the next Planning and Zoning meeting and the applicant shall be required to re-notify the affected property owners of the rescheduled hearing date.

      (3)   A notice of public hearing sign will be furnished by the Planning Department. The sign must be posted no less than ten days prior to the date of the hearing and must remain posted until final action by the Planning and Zoning Board.

   (F)   The Planning Department will submit legal notice to the local newspaper(s). The notice shall state the date the Planning and Zoning Board will review and consider the conditional use permit application.

   (G)   All large-scale applicants, and any small scale applicant required by the Administrator, shall submit proposed written findings, conditions, and recommendations regarding the application to the Planning Department ten days prior to the public hearing. Any interested party shall also be allowed to submit proposed findings up to and at the time of the public hearing.

   (H)   The Planning Department shall create a staff report with recommendations to the Planning and Zoning Board for either approval, approval with conditions, or denial of the application.

   (I)   The Planning and Zoning Board shall consider the conditional use permit application and public comment regarding the application’s technical compliance with this title after receiving and reviewing the Planning Department’s recommendation.

   (J)   The Planning and Zoning Board shall make recommendation to approve, approve with conditions, or deny the conditional use permit application within 30 days of the initial hearing of the application. If the action is to deny the conditional use permit application, the reasons for such action shall be stated in the minutes and specific reference shall be made to the requirements not met.

   (K)   After the Planning and Zoning Board makes recommendation to the County Commission, the Planning Department shall schedule a public hearing in front of the County Commission.

   (L)   The applicant shall be required to re-notify the adjacent property owners in the same manner as listed in division (E) above. The Planning Department will again submit legal notice to the local newspaper(s).

   (M)   All large-scale applicants, and any small scale applicant required by the Administrator, shall submit proposed written findings, conditions, and recommendations regarding the application to the Planning Department ten days prior to the public hearing. Any interested party shall be allowed to submit proposed findings up to and at the time of the public hearing.

   (N)   Within 45 days of the receipt of the Planning and Zoning Board’s recommendation, the County Commission shall take action to approve, approve with conditions, or deny the conditional use permit request.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.7; Ord. 16-03, passed 7-21-2017)

   Considerations are as follows:

   (A)   Adjacent land use;

   (B)   Size of development;

   (C)   Access to development;

   (D)   Topography;

   (E)   Population density;

   (F)   Material injury or interference with existing use and enjoyment of property within 500 feet of the proposed permit area;

   (G)   Substantial diminishment or impairment of property values within 500 feet of the proposed permit area;

   (H)   Good-faith efforts made by the applicant to mitigate any injury or interference to landowners within 500 feet of the proposed permit area for injury or interference with use of their property;

   (I)   The effect of the proposed project upon the population base and tax base of the county;

   (J)   The effect of the proposed project upon housing, public education, law enforcement, fire protection, public and private water systems, public sewer and solid waste systems, public roads, health services, parks and recreation within the county;

   (K)   For the purpose of permit conditions only, the cumulative effect of the proposed project when considered with previously approved extractive industry conditional use permits;

   (L)   A socioeconomic study for small scale rock, gravel, or sand extractive industry may be required;

   (M)   All requisite state permits are in process or have been obtained and are current;

   (N)   Additional bonding may be required for sand, rock, and gravel extraction; and

   (O)   A reclamation plan shall be considered.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.8; Ord. 16-03, passed 7-21-2017)

   (A)   The county may require additional bonds or sureties if the same are not required by state law or administrative rule.

   (B)   Bonding may be required to ensure that development is completed within the specified time limits, that required infrastructure is constructed, and that the development is completed in a manner consistent with the plan.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.9; Ord. 16-03, passed 7-21-2017)

   The County Commission may, at its discretion, require of the operator a written annual report, on-site review, or attendance at a County Commission meeting, or all of the above, on each anniversary date of the approval of the conditional use permit. The annual report, on-site review, or attendance at a County Commission meeting, or all of the above, shall update the County Commission on the operator’s compliance with the terms, requirements, and conditions stipulated in the approval of the conditional use permit.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.10; Ord. 16-03, passed 7-21-2017)

   The County Commission may, at its discretion, require of the operator a written annual report on each anniversary date of the approval of the conditional use permit. The annual report shall update the County Commission on the operator’s compliance with the terms, requirements, and conditions stipulated in the approval of the conditional use permit.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.11; Ord. 16-03, passed 7-21-2017)

   If the use permitted under the terms of any conditional use permit has not been started within 12 months of the date of issuance or the date of transfer thereof or if the use permitted ceases, for whatever reason, for a period of 12 consecutive months, said permit shall expire and be canceled by the administrative official. Written notice thereof shall be given to the persons affected, together with the notice that further use or work as described in the canceled permit shall not proceed, unless and until a new conditional use permit has been obtained.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.12; Ord. 16-03, passed 7-21-2017)

   (A)   If the County Planning Director finds that, at any time, the terms, conditions, or requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, the Director shall report this fact to the permittee, landowner, and/or operator, and the County Commission.

   (B)   The County Commission may, after conducting a public hearing, of which the permittee, landowner, and/or operator shall be notified, revoke the conditional use permit for failure to comply with the terms, conditions, or requirements of the permit.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.13; Ord. 16-03, passed 7-21-2017)

   Any expansion of existing mine boundaries shall require a new conditional use permit application and payment of fees according to the fee schedule.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.14; Ord. 16-03, passed 7-21-2017)

   Any amendment to a conditional use permit or conditions thereto not altering the boundaries of the permitted area shall require that the applicant modify the approved CUP, according to § II-20.007, and pay fees according to the fee schedule.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.15; Ord. 16-03, passed 7-21-2017)

   These amended regulations shall apply to all applications for extractive industry applying for a conditional use permit after the effective date of the enactment of these regulations. In the event the proposed conditional use permit is located wholly or partially on lands owned by the United States government, applicable federal laws, regulations, and rules will apply and prevail where the same are in conflict with or inconsistent with the provision of this title.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 1, § 1.16; Ord. 16-03, passed 7-21-2017)

   (A)   When a conditional use permit application is submitted, a buffer zone between the disturbed land and any adjacent or adjoining landowner shall be 500 feet, measured by map distance.

   (B)   A buffer zone waiver may be submitted by the applicant as part of the conditional use permit application.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 2, § 1.1; Ord. 16-03, passed 7-21-2017)

   A request for a buffer zone waiver(s) shall be made on form(s) furnished by the County Planning and Zoning Department.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 2, § 1.2; Ord. 16-03, passed 7-21-2017)

   (A)   A buffer zone of less than 500 feet may be allowed upon public hearing and approved only when the applicant satisfactorily demonstrates that the proposed buffer zone does not injure or interfere with existing land uses and enjoyment of other property nor substantially diminish or impair property values within 500 feet of the proposed area of disturbance.

   (B)   When the operator secures and provides a waiver from all adjoining or adjacent landowners within 500 feet of the proposed area of disturbance, a public hearing shall not be required.

   (C)   All land within the designated buffer zone shall be reserved and only access routes, utility rights-of-way, and haul roads, when necessary to remove materials from the extractive site, shall be permitted. In addition, other uses not involving actual mining such as reclamation and disposal of water may be permitted within the buffer zone.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 2, § 1.3; Ord. 16-03, passed 7-21-2017)

   Any public hearing shall follow the process as set forth in § II-20.007.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 2, § 1.4; Ord. 16-03, passed 7-21-2017)

   This decision shall be based upon, but not limited to, the consideration of the following:

   (A)   Adjacent land use;

   (B)   Size of development;

   (C)   Access to development;

   (D)   Topography;

   (E)   Population density;

   (F)   Material injury or interference with existing use and enjoyment of property within 500 feet of the proposed permit area;

   (G)   Substantial diminishment or impairment of property values within 500 feet of the proposed permit area;

   (H)   As to the factors in divisions (F) and (G) above, the adjacent landowner(s) or representative(s) shall have the burden of establishing the injury or interference, substantial diminishment, or impairment of property values; and

   (I)   Good faith efforts made by the applicant to mitigate any injury or interference to landowners within 500 feet of the proposed permit area for injury or interference with use of their property.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 2, § 1.5; Ord. 16-03, passed 7-21-2017)

   The County Commission, upon release of the operator’s reclamation liability from the State Board of Minerals and Environment, shall issue the operator a release of all conditions relating to the established buffer zone surrounding the operating unit.

(Ord. 14-01, passed 6-6-2014, Ch. 20, Art. 2, § 1.6; Ord. 16-03, passed 7-21-2017)