Zoning Resolution Article 19
MINERAL AGGREGATE DISTRICT (MA)
19.0 Statement of Purpose
It is the intent of this district to ensure the orderly extraction of mineral aggregate resources while minimizing the negative environmental, social and aesthetic impacts of mineral extraction.
The mineral aggregate district and regulations are established in order to achieve, among others, the following purposes:
1. To provide the quarrying district in appropriate areas for the removal of natural resources; and
2. To protect adjacent residential areas by establishing yards and buffer areas at the boundaries; and
3. To regulate the noise, vibration, dust, explosions and other objectional influences so as not to endanger the health and safety of the surrounding neighborhoods.
For the purposes of this resolution, the following definitions apply:
(a) Mineral aggregates shall mean top soil, subsoil, sand, gravel, shale, limestone, dolostone, sandstone and other mineral materials suitable for construction, industrial, manufacturing and maintenance purposes, but does not include metalliferous minerals, fossil fuels, or non-aggregate industrial minerals; and
(b) Borrow pits refer to extraction areas used to supply mineral aggregates on a temporary basis for uses in public projects and operated by public authorities or their agents.
19.1 Principal Permitted Uses
1. Mineral aggregate extraction and uses accessory to mineral aggregate extraction such as crushing, screening, washing and stockpiling of mineral aggregates.
19.2 Conditionally Permitted Uses
Conditional uses may be permitted by the Township Board of Appeals pursuant to Article 9 and other subject further to the terms and conditions herein provided:
1. Asphalt plants, ready-mix concrete plants, aggregate transfer stations and similar related uses subject to the following:
a. Such aggregate uses shall be adequately buffered to protect adjacent land uses and shall meet the industrial pollution control standards and any other standards of the authorities having jurisdiction.
b. Production of the principal product or operation of accessory plants shall not be permitted less than three hundred and fifty (350) feet from a residential district.
19.3 Performance Standards
Uses permitted by this Article shall be subject to and in conformance with Ohio Revised Code Section 1514.02. A copy of the surface mining permit application required by Ohio Revised Code Section 1514.01(A) and any amendments thereto proposed by the state or applicant shall be provided as a site plan for the surface mining operation. In addition to the requirements stipulated in Ohio Revised Code 1514.01(A), the following regulations shall apply to all operations covered under this Article.
a. All blasting and quarrying operations (except loading) shall be limited between the hours of 7 o’clock a.m. and 7 o’clock p.m. except in emergencies.
2. Air Pollution
a. Control measures shall be implemented on a continuing basis, during times of operation, to control dust on entrance roadways, in equipment operation and throughout the mining site. The Zoning Inspector may require additional control measures during periods of high wind or very dry weather.
3. Visual Impact
a. Ten (10) foot high screens shall be established to minimize the visual impact of the active mining or processing area from adjacent public road right-of-way except in those instances where prohibited by other governmental rules and/or regulations or where deemed to be impractical by the Zoning Inspector. Screens formed of over-burden or topsoil saved for future reclamation may be placed in the setback area (224.03-7) provided appropriate vegetative cover is established.
a. Points of ingress and egress associated with extraction and/or processing sites shall be located as approved by the County Engineer or the Ohio Department of Transportation as appropriate.
b. The applicant shall include with his submittal a map describing the proposed major access roads to be utilized for ingress and egress for the extraction operation.
5. Surface Water
a. The hydrographs and quality of water leaving the site of an extraction activity meet the Ohio EPA standards.
b. During mining and reclamation, drainage shall be controlled so as to prevent the causing of flooding, landslides and flood hazards to adjoining lands resulting from the mining operations. Upon completion of mining, ponds shall be left in such condition as to avoid their constituting a hazard to adjoining lands.
a. During mining and reclamation, contamination of underground water supplies shall be prevented. Backfilling or grading of any nature up to a level of ten (10) feet above the water level shall be accomplished with materials approved by the Zoning Inspector and the Ohio Environmental Protection Agency. Materials contaminating to groundwater shall not be used for filling or grading at any time. Upon completion of reclamation, any lake or pond located within the site boundaries shall be of quality equal to that existing for groundwater on adjacent property.
b. The storage of fuels and chemical and equipment services facilities required by uses permitted in Section 21.1 shall be located where they are least likely to contaminate groundwater as determined by the Zoning Inspector.
7. Vibration and Blasting
a. The operation of stationary and mobile equipment shall not cause vibration in excess of that permitted by applicable federal and state law.
b. Blasting shall be done in accordance with the applicable laws of the state of Ohio and shall be carried out by persons certified to be knowledgeable and competent in the sizing and placing of the explosive to be used for blasting.
c. When the blasting area is within one thousand (1,000) feet of an existing residential structure the maximum hours of blasting operation shall be 7:00 a.m.
to 7:00 p.m.
8. Slope Stability
a. The sides of excavation sites shall be set back a minimum of fifty (50) feet from the property line with a sufficient slope of excavation to insure the lateral support of surrounding property with the following provisions:
1. The reclaimed sides of excavation sites shall be set back a minimum of fifty (50) feet from the right-of-way of all public streets or roads.
b. Final slopes shall be graded, contoured or terraced, wherever needed, sufficient to achieve soil stability and control landslides, erosion and sedimentation. High walls will be permitted if they are compatible with the future uses specified in the site plan and measures taken to insure public safety. Where ponds, impoundments, or other resulting bodies of water are intended for recreational use, banks and slopes shall be established that will assure safe access to such bodies of water. Where such bodies of water are not intended for recreation, measure to insure public safety shall be included and one egress provided.
9. Soil Erosion Sedimentation Control
a. The area of land affected shall be resoiled, wherever needed, with topsoil or suitable subsoil, fertilizer, lime or soil amendments, as appropriate, in sufficient quantity and depth to raise and maintain a diverse growth of vegetation adequate to bind the soil and control soil erosion and sedimentation.
A diverse vegetative cover of grass and legumes or trees, grasses and legumes capable of self-regeneration and plant succession wherever required by the site plan shall be established.
10. Other Requirements
a. Government boundary, section corner and other government survey monuments that were removed by the operator as a result of the mining shall be replaced where practical.
b. Mining and reclamation shall be carried out in the sequence and manner set forth in the site plan and reclamation measure shall be performed in a timely manner. All reclamation of an area of land affected shall be completed no later than three years following the active mining of such area, unless a showing satisfactory to the Zoning Board of Appeals is made that the future use of such area requires a longer period for completing reclamation.
c. During mining, store topsoil or fill in quantities sufficient to complete the backfilling, grading, contouring, terracing and resoiling that is specified in the plan. Stabilize the slopes of and plant each soil bank to control soil erosion and sedimentation wherever substantial damage to adjoining property might occur.
19.4 Amendments to the Resolution
1. In considering applications to amend this resolution to designate an area as mineral aggregate extraction, consideration shall be given to the following:
a) The impact on adjacent land uses and residents;
b) The impact on the physical environment;
c) The capabilities of the subject lands for agriculture and other land uses;
d) The impact on the transportation system;
e) The need for additional mineral aggregates;
f) The possible effect on the water table or surface drainage pattern;
g) The manner in which the operation will be carried out;
h) The nature of reclamation work that is proposed;
i) Such other matters as the township deems necessary.
2. Applications to amend this resolution in order to designate an area as mineral aggregate extraction shall be accompanied by the following information:
a) The location, true shape, topography, contours, dimensions, area and description of the lands proposed as a new area of mineral aggregate extraction or the area proposed for expansion of an existing area of aggregate extraction;
b) The use of all land and the location and use of all buildings and structures lying within a distance of five hundred (500) feet of any of the boundaries of the lands set aside for the purposes of the operation;
c) The pattern, quality and estimated quantity of the mineral aggregate resources within the property;
d) The location, height, dimensions and use of all existing or proposed buildings or structures;
e) Existing and anticipated final grades of excavation;
f) Engineering plans showing the proposed drainage system;
g) Proposed entrances, exits and routes to be used by gravel trucks;
h) To the extent possible, plans showing the ultimate area of aggregate extraction, progressive and ultimate road plan, any water diversion or storage facilities, location of stockpiles for stripping and products, tree screening and berming, progressing and ultimate rehabilitation and where possible, intended use and ownership of the land after aggregate extraction has ceased;
i) The extent of adjacent property holdings intended for future mineral aggregate extraction;
j) Additional information such as hydrology, wildlife, vegetation or soil studies which may be required due to special concerns related to a specific site; and any other information as deemed necessary by the township.
19.5 Site and Landscape Plan Review
For all uses permitted in the MA district, a site plan shall be submitted to the township Zoning Board of Appeals for its review and recommendations. The Board of Appeals in its review of the site plan, shall have regard to the provisions of Section 22.19. The board may require certain modifications in terms of the location of building, parking and driveways and may require screening and landscaping techniques to ameliorate potential nuisance problems with adjoining districts or uses or to lessen the transmission of noise from the public street system. The information as required by Section 22.19 (E) must be submitted with the site plan. A site plan must be submitted in accordance with the provisions of Article 22.
Screening or buffering in compliance with the provisions of Article 22, Section 22.18.
19.7 Developing Standards
1. Every main or accessory structure shall be set back at least seventy-five (75) feet from a public road.
2. Production of principal product or operation of accessory plants, shall not be permitted less than three hundred fifty (350) feet from a residential district or public road right-of-way.
3. Minimum Lot Area: 10 acres
4. Minimum Lot Frontage: 300 feet
5. Minimum Front Yard Setback: 75 feet
6. Minimum Rear Yard Setback: 75 feet
7. Minimum Side Yard Setback: 75 feet
8. Maximum Height: 75 feet
19.8 Required Parking
As specified in Article 24.
As specified in Article 25
Supplementary District Regulations
As specified in Article 22.
As specified in Article 23.
19.12 Accessory Structures
1. No accessory structure shall be located between the street line and any setback line established by this by-law.
2. No accessory structure shall be located in any side yard required by this resolution.
3. No accessory structure shall be located within seventy-five (75) feet of any lot line, except that two adjoining property owners may erect accessory structures with a common party wall.