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

      1.   Extraction and processing areas operate in a manner that is compatible with the natural and manmade environment; and

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

      3.   Mined areas are restored to productive use compatible with their surroundings.

   B.   Applicability: Any surface extraction or processing of earth materials shall be permitted only as a conditional use and only in those districts that so provide. Earth materials shall include topsoil, earth, clay, gravels, sand, stone and other minerals. Provisions of this chapter applicable to conditional uses, such as a required public hearing, shall apply to surface mining operations, except as otherwise provided herein.

   C.   Exemptions: Any operation legally begun prior to the date of adoption of this chapter shall be exempt from all requirements of this chapter, as applicable to the property being mined as of that date. Except that such operation shall not be exempt from:

      1.   Meeting requirements herein concerning:

         a.   Hours of operation;

         b.   Spillage;

         c.   Fencing, landscaping and screening;

         d.   Safety;

         e.   Noise;

         f.   Maintenance of site; and

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

      3.   Meeting such requirements on the original property as a prerequisite to such expansion to the extent the City Council shall judge practical.

   D.   Compliance With State And Federal Regulations: In addition to the requirements herein, all operations shall comply with the Illinois Surface-Mined Land Conservation and Reclamation Act, the regulations of the Illinois and U.S. Environmental Protection Agencies, and other applicable State and Federal laws and regulations.

   E.   Abandonment Or Termination: A new conditional use permit shall be required for any operation where the operator has not demonstrated an intent to resume operations during a period of twelve (12) months after on site extraction and processing operations have ceased.

   F.   Inspection: The Zoning Administrator shall inspect each operation for compliance with the provisions herein at least semiannually.

   G.   Staged Reclamation Action: Reclamation according to the Reclamation Plan shall be pursued and completed in stages as excavation progresses.

(Ord. 86-382, 12-22-1986)

   A.   Maximum Term Of Conditional Use Permit; Renewal: No conditional use permit for an extraction operation shall be issued or renewed for a period to exceed ten (10) years. All permits shall be renewable.

   B.   Contents Of Conditional Use Application: In addition to other requirements herein for conditional use applications, all applications for conditional use permits for extraction operations shall include the following:

      1.   A map or maps at a scale of one inch to one hundred feet (1" = 100') showing:

         a.   Existing topography at two foot (2') 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 and of each phase thereof if excavation is to proceed in phases.

         e.   Locations of structures, equipment and materials storage areas, equipment repair areas and processing areas.

         f.   Locations of equipment used for grading, crushing, sorting and other purposes.

         g.   Location, orientation and dimensions of proposed landscaping, berming, screening, fencing and gates.

         h.   Location, dimensions and surface treatment of proposed entrance and exit drives, on site haul roads, acceleration or deceleration lanes, and parking areas.

         i.   Access routes between the property and the nearest arterial street as designated on the City 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, and water table.

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

      2.   Descriptions of:

         a.   Types of earth products to be mined.

         b.   Character and composition of vegetation and wildlife on land to be affected.

         c.   Nature, depth and proposed disposition of overburden.

         d.   Estimated depth to which mining will occur.

         e.   Techniques of extracting and processing to be used.

         f.   Estimated type and volume of excavation.

         g.   Equipment to be used.

         h.   Practices to be used to minimize environmental effects, such as noise, dust, vibration, and pollution of air and surface and underground water.

         i.   Recycling of water used for washing and grading and proposed usage or drainage of excess water.

         j.   Proposed days and hours of excavation and processing.

         k.   Estimated dates of beginning and completion of all operations on the site.

      3.   A Reclamation Plan meeting the requirements of this chapter.

      4.   A bond meeting the requirements of this chapter.

Upon written request of the applicant, application information concerning subsections B2a and B2d of this section shall be held confidential.

(Ord. 86-382, 12-22-1986)

To ensure completion of the reclamation of the site, a bond in a type and form approved by the City Attorney shall be required from the operator in the amount of two thousand five hundred dollars ($2,500.00) per acre, or such greater amount as shall be established by the City Council. Such bond shall be sufficient to cover reclamation over a three (3) year period. Prior to the end of such period, the City Council shall review past work before releasing or reducing the amount of the bond and shall establish the bonding requirement for the next three (3) years.

(Ord. 86-382, 12-22-1986)

The Reclamation Plan required hereunder shall include a map at a scale of one inch to one hundred feet (1" = 100') showing the final condition of the site after extraction and processing activities have been completed conforming with the provisions on finished site conditions herein, including:

   A.   Locations of proposed watercourses, water features and drainage systems.

   B.   Future structures, land uses, roadways and open spaces.

   C.   Staged schedule of reclamation actions by area detailing dates of completion and reclamation methods and materials.

   D.   Future landscaping and ground cover.

   E.   Final grading.

(Ord. 86-382, 12-22-1986)

   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, surface mining operations shall be conducted only during the hours indicated below, except during periods of public emergency in which materials excavated at the site are needed.

 

 

   C.   Spillage: Trucks hauling excavated 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 twenty four (24) hours.

   D.   Fencing, Landscaping And Screening:

      1.   Notwithstanding other provisions of this title on screening, because of the superior noise attenuating properties of berms as compared with fencing or plantings, a barrier consisting of a planted earth berm with a minimum height of ten feet (10') and fencing with a minimum fence height of four and one-half feet (41/2') shall be installed prior to commencement of operations:

         a.   Along all lot lines, or, at the option of the operator.

         b.   Along such lot lines and phase area boundaries as are adjacent to areas currently being excavated.

      2.   Such barrier shall be sufficient to:

         a.   Screen the operation from view from adjacent properties and public streets, except where a significant change in topography makes this impractical; and

         b.   Discourage trespass by the public, such as with the use of barbed wire or thorny plantings; and

         c.   Attenuate noise coming from the site that can be heard on surrounding properties or public streets; and

         d.   Serve as wind breaks to reduce airborne dust adjacent to the site.

      3.   The required berm shall be planted with ground cover over its entire surface, except for portions planted in trees, shrubs or flowers, no later than the next growing season after its installation.

      4.   Where a lot line of a mining operation abuts the boundary of a Residential District, the berm shall be a minimum of fifty feet (50') from that boundary.

      5.   Trees a minimum of ten feet (10') high at time of planting and spaced a maximum of twenty five feet (25') apart shall be planted along the top of any berm or portion thereof located within five hundred feet (500') of extraction activity.

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

      7.   Existing trees and ground cover within the required yards shall be preserved wherever possible.

      8.   Weeds 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.

   E.   Entrances:

      1.   A maximum of one entrance and one exit onto public streets shall be provided.

      2.   Where possible, the entrance and exit shall avoid routing of vehicles used in the operation over streets primarily serving residential areas. Where necessary in the judgment of the City Council, paved acceleration and deceleration lanes at least one hundred feet (100') 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 three hundred feet (300') from the street 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.

   F.   Safety: All operations shall be conducted in a safe manner so as to prevent harm to the public and damage to adjacent properties or adjacent public streets.

   G.   Staged Removal Of Overburden: Overburden shall not be removed from more land than is to be mined within one year. No overburden shall be removed from additional land until ground cover in conformance with the Reclamation Plan is installed on all land where excavation is complete and that is not being used for material storage.

   H.   Yards: Notwithstanding other provisions of this title, the following minimum distances shall be observed for surface mining operations:

 

 

   I.   Noise: Performance standards for noise herein applicable to heavy industry shall apply to all operations. Operations producing the highest noise 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 nonoperating condition shall be screened or enclosed.

(Ord. 86-382, 12-22-1986)

   A.   Removal Of Materials After Completion: Stockpiled materials and structures and equipment needed for removal thereof shall be removed within two (2) 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 (6") deep or as deep as was present on the land prior to excavation, whichever is less. Such topsoil shall contain at least ten percent (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 or 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 excavations shall be backfilled with earth or other suitable fill material approved by the City Engineer to the grades indicated on the Reclamation Plan. No pits with side slopes greater than thirty degrees (30°) shall remain on the site when finished unless such slopes are under water.

(Ord. 86-382, 12-22-1986)