(a)   Statement of Intent. The Flood Plain District (FP) is intended to protect the Municipality from any undue hardship to people or property that could be caused by inappropriate development in the flood plain. This District is intended to allow primarily for open space recreational uses, agricultural uses and other uses not associated with a structure(s). Land included in this District will be all lands in the Municipality that are subject to flooding, as determined by the Municipal Engineer.

   (b)   Boundary Designations.

      (1)   The Flood Plain District specifically includes land within the Municipality that is designated by the Engineer to be in the 100-year flood plain and at hazard. The boundaries shall be updated as these sources are updated.

      (2)   The FP District may be designated as a limitation or another standard or planned district by using the designation "-FP" following the district designation (i.e. CC-FP or PR-6-FP).

   (c)   Other Regulations. Chapter 1466 of the Building and Housing Code contains other regulations regarding the flood plain.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Statement of Intent. The Excavation and Quarry District (EQ) is intended to allow for the extraction of sand, gravel and other mineral resources in appropriate areas of the Municipality in a manner that is compatible with adjacent uses and to ensure that excavated land is rehabilitated to promote the general welfare of the Municipality. Land will be included in this District only as it is deemed appropriate by Council at the time the use is to commence.

   (b)   Location and Map Designation. An Excavation and Quarry District (EQ) may be formed for all those districts where the location is deemed appropriate by Council. This District will be indicated on the Official Zoning District Map(s) as follows: EQ-R-1, EQ-AGR, EQ-M, etc.

   (c)   Use Limitations and Standards.

      (1)   Performance standards. For excavation, quarrying and permitted processing, all equipment used shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practicable, noise, vibration or dust that would injure or annoy persons living or working in the vicinity.

      (2)   Accessways. Accessways or roads within the premises shall be maintained in a dust-free condition during surfacing or other such treatment as may be necessary.

      (3)   Depth of operation. All excavation shall be made to a depth of five feet below a water-producing level or graded or backfilled with non-noxious and nonflammable solids to ensure that the excavated area will not collect and retain stagnant water or that the graded or backfilled surface will create a gentle rolling topography to minimize erosion by wind or rain and substantially conform with the contour of the surrounding area.

      (4)   Enclosure. Whenever the floor of a quarry is five feet or more below the grade of adjacent land, the property containing the quarry shall be completely enclosed by a barrier consisting of either a mound of earth not less than six feet high located at least twenty-five feet from any street right-of-way and planted with a double row of approved landscape materials or enclosed with a chain-link fence, or of its equivalent in strength and protective character to a height of six feet along the property line. Such barriers may be excluded where deemed unnecessary by the Municipal Engineer because of the presence of a lake, stream or other existing natural barrier.

      (5)   Right-of-way setback. An excavation shall be located 100 feet or more and backfilled to 150 feet from a street right-of-way line. Quarrying operations shall be located fifty feet or more from a street right-of-way line. With approval by the Municipal Engineer, such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the established street grade.

      (6)   Adjacent property setbacks. Excavation or quarrying shall be no closer than 100 feet to a property boundary line, except with the written consent of the adjacent property owner.

      (7)   Ancillary operations. Plants or equipment for processing of extracted materials or other ancillary operations shall not be located closer than 600 feet to the boundary of the land placed under the provisions of the excavation and quarry regulations.

   (d)   Rehabilitation Requirements.

      (1)   Contents of rehabilitation plan. Extraction shall be permitted only from areas for which there is a rehabilitation plan approved by the Municipal Engineer and Council. All such rehabilitation plans shall include the following:

         A.   A grading plan showing existing contours in the area to be extracted and proposed future contours showing the topography of the area after completion. Such plans shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of five feet or less.

         B.   Existing proposed drainage of the area.

         C.   Details regarding revegetation of the site during and at the conclusion of the operation.

      (2)   Requirements of rehabilitation plan. The following requirements shall be met in the rehabilitation plan:

         A.   The banks of all extraction, when not backfilled, shall be sloped at a grade of not less than two feet horizontal to one foot vertical. This slope shall be maintained twenty feet beyond the water line if such exists.

         B.   Spoil banks shall be graded to a level suiting the existing terrain.

         C.   All banks and extracted areas shall be surfaced with at least six inches of suitable soil, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes or grasses and maintained until the soil is stabilized and approved by the Municipal Engineer.

         D.   When any extraction has been completed, such area shall either be left as a permanent spring-fed lake or the floor thereof shall be leveled in such a manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and shall otherwise comply with these requirements.

         E.   All equipment and structures shall be removed within three months of the completion of the extraction of materials.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Statement of Intent. The Oil and Gas District (OG) is intended to allow for the drilling and production of oil and gas in appropriate areas of the Municipality and to provide for the removal of such natural petroleum products in a manner that is compatible with adjacent uses. Land will be included in this District only as it is deemed appropriate by Council at the time the use is to commence.

   (b)   Location and Map Designation. Any Oil and Gas District (OG) may be formed for all lease districts where the location is deemed appropriate by Council. This District will be indicated on the Official Zoning District Map(s) as follows: OG-R-1, OG-AGR, OG-M, etc.

   (c)   Use Limitations and Standards.

      (1)   Spacing of wells. No permit shall be issued to drill, deepen, reopen or plug a well for the production of oil or gas unless the well is located:

         A.   Upon a tract or drilling unit containing not less than ten acres;

         B.   Not less than 460 feet from any well drilling to, producing from or capable of producing from the same pool; and

         C.   Not less than 230 feet from a boundary of the subject tract or drilling unit.

      (2)   Access. Prior to commencement of any drilling operations, all private roads used for access to the drill site and the drill site itself shall be surfaced by clean, crushed rock, gravel or sand, or oiled and maintained to prevent dust and mud.

      (3)   Derricks. All derricks and masts hereafter erected for drilling or redrilling shall be at least equivalent to the American Petroleum Institute Standards 4A, the 14th Edition, and 4D, the most recent edition.

      (4)   Signs and fencing. A sign having a surface area of not less than two square feet and not more than six square feet, bearing the current name and number of the well and the name or insignia of the operator, shall be displayed at all times from the commencement of drilling operations until the well is abandoned.

      (5)   Hazardous equipment. All oil well production equipment having external moving parts hazardous to life or limb shall be attended twenty-four hours per day or be enclosed by a steel chain-link fence not less than six feet in height and having not less than three strands of barbed wire sloping outward at approximately a forty-five degree angle and for eighteen inches from the top of the fence. There shall be no aperture below such fence greater than four inches. Fence gates shall be placed at nonhazardous locations and shall be locked at all times when unattended by a watchman or serviceman.

      (6)   Lighting. All lights shall be directed or shielded so as to confine direct rays to the drill site.

      (7)   Delivery of equipment. The delivery or removal of equipment or material from the drill site shall be limited to the hours between 7:00 a.m. and 7:00 p.m., except in an emergency.

      (8)   Power sources. All power sources shall be electric motors or muffled internal combustion engines.

      (9)   Storage equipment. There shall be no storage of any material, equipment, machinery or vehicle which is not for immediate use or servicing on an installation on the drill site. Storage tanks located on the drill site and storage tank capacity at the drill site shall not exceed a total aggregate of 2,000 barrels, exclusive of processing equipment.

      (10)   Flammable waste gases. Flammable waste gases or vapors escaping from a production drill site shall be controlled without burning to prevent hazardous concentration reaching sources of ignition or otherwise endangering the area.

      (11)   Drilling wastes. Drilling wastes shall be disposed of in compliance with the Resource Conservation and Recovery Act.

   (d)   Rehabilitation Requirements.

      (1)   Contents of rehabilitation plan. Drilling and production shall be permitted only from areas where there is a rehabilitation plan approved by Council. All such rehabilitation plans shall include the following:

         A.   A redevelopment plan showing existing and proposed sites and all facilities pertinent thereto. Such plans shall include the surrounding area within 500 feet of the property boundary line, drawn to an appropriate scale.

         B.   Details regarding revegetation of the site during and at the conclusion of the operation.

      (2)   Requirements of rehabilitation plan. The following requirements shall be met in the rehabilitation plan:

         A.   Upon cessation of drilling and beginning of production, the well shall be serviced only with a portable derrick when required.

         B.   All concrete, pipe, wood and other foreign materials shall be removed from the drill site to a depth of six feet below grade, unless they are part of a multiwell cellar being used in connection with any other well for which a permit has been issued.

         C.   All holes and depressions shall be filled and packed with native earth. All oil, waste oil, refuse or waste material shall be removed from the drill site.

         D.   Adequate landscaping shall be required of the drilling site with screen planting around visible equipment and tanks, ground cover on other portions of the site and maintenance of all equipment and premises in a good and painted condition.

         E.   All drilling equipment and the derrick shall be removed from the premises within sixty days following the completion or abandonment of any well.

(Ord. 2014-27. Passed 8-5-14.)