UNAPPROVED DRAFT

Definitions:

Remove 2.264

Replace with 2.265

Replace 2.265 with- Mineral Extraction: Any mining operation, including accessory buildings, roads, or structures involving the excavation, mining, quarrying, storage, separation, cleaning and/or processing of clay, gravel, limestone, shale, or other mineral resource. Such operation shall include all of the land or property that is used or owned in reserve by the person, firm, or corporation involved in such an operation. Mineral extraction is an interim land use and such operations shall possess a plan for ultimate use of the property. This does not include mineral removal for private or residential ponds or landscaping purposes of less than 2 acres that are primarily not for profit.

Sections:

Delete: 14.4 Quarries, Commercial Mines and Gravel Pits

Combine Section 8 and 9 into Section 9 R-3 Multi-Family

Replace Section 8 with AM—AGRICULTURAL/MINERAL RESOURCE DISTRICT

8.1 Purpose: The intent and purpose of the Agricultural/Mineral Resource District is to provide a zoning district within Miami Township which recognizes the importance and value of both agriculture and mineral resource extraction within Miami Township, and provides reasonable regulation of said uses which allows them to be conducted in a manner not detrimental to the health, safety, morals and general welfare of the residents of Miami Township.

     Agricultural land use provides a substantial economic base for Miami Township. Land within the Agricultural/Mineral Resource District is substantially agricultural in character, with prime agricultural soils and other attributes favorable for agricultural uses.

      Also within the district are mineral deposits and mineral extraction and processing land uses whose unregulated activities could potentially adversely impact adjoining properties and the community.

8.2 Principal Permitted Uses:

    8.21 Agriculture

    8.22 Churches and parish houses, schools and colleges including dormitories; public buildings, structures, and properties of the recreational, cultural, administrative, or public type service.

    8.23 Private and publicly owned non-commercial recreational areas and facilities, including country clubs, swimming pools and golf courses, forests and wild life preserves, and similar areas and uses. It is the intent of this resolution that these provisions be administered fairly without concern for, and irrespective of sex, race, religion, or national origin

   8.24 Sale of produce and plants raised on the premises, or seasonal sale of produce and plants not raised on the premises provided that any structure associated with such sales shall be only those structures ordinarily used for the sale of produce and plants raised on the premises.

   8.25 Disposal of garbage or refuse by the county, a township or municipality, or agents thereof as regulated in Section 14.5

   8.26 Disposal of sewage solids or liquids originating from municipal sewage plants or from septic systems.

8.3 Permitted Accessory Uses:

   8.31 Bona fide accessory agricultural structures or buildings including (but not limited to) barns, stables, sheds, tool rooms, shops, bins, tanks, silos, and fences.

   8.32 Accessory off-street parking as regulated in Section 14.1

   8.33 Accessory signs as regulated in Section 14.3

   8.34 Private garages

   8.35 Private accessory swimming pools as regulated in Section 14.9

8.4 Conditional Uses:

   8.41 Cemeteries, including mausoleums and crematories therein, provided that any mausoleum or crematory shall be 200 feet from any lot in any R-District.

   8.42 Commercial and private airports.

   8.43 Agricultural Service Establishments as regulated in Section 5.308

   8.44 Mineral Extraction as defined under Miami Township Zoning Regulation definition 2.265. If any of the proposed area is within the regulatory flood plain, Section 12 requirements and considerations of the Miami Township Zoning Regulations will apply.

     8.441 Minimum Dimensional Requirements:

               8.4411 Minimum lot size—25 acres

               8.4412 Minimum road frontage--- 350 feet

   8.442 Mineral Extraction Operations

             8.4421 Purpose: It is the purpose of this section to insure that the mineral resources of Miami Township are properly managed, and that all land used for mineral extraction be properly located, screened, and reclaimed so as not to create a hazard or nuisance which may adversely affect the health, safety, morals or general welfare of the community, either immediately or in the future.

            8.4422 All applications for a Conditional Use Permit within the AM Agricultural/Mineral Resource District shall include eight copies and be accompanied by the following information, at a minimum:

1.      Vicinity maps, drawn at a scale of one (1) inch equal to one thousand (1,000) feet, illustrating the potential extraction area(s) in relation to surrounding existing land used, existing and proposed roads, surrounding zoning districts, and land uses as shown in Prospective- A Future Land Use Plan for Greene County, Ohio;

2.      A map at a scale of at least one (1) inch equal to one hundred (100) feet showing existing contours at intervals of five (5) feet or less, any existing building structures, and any public utilities or easements on the property;

    3.      Name and address of the applicant and/or owners;

    4.      Name and address of the owner to the surface rights of the property;

5.      A phasing plan showing the location, timing, and the size of the areas to be excavated as well as an estimate and description of material to be extracted on all proposed phases;

6.      A list of the types of resources or minerals to be extracted;

7.      The proposed method of removal of such resources and whether or not blasting or other use of explosives will be required;

8.      A hydrologic study determining and describing both ground and surface water in the vicinity, identified as to area by a map and flow chart showing volumes and direction. The map shall show water table depth and location of all wells in the area. Test wells and data shall be obtained to establish ground water condition at the proposed site.

9.      Analysis of potential impact on the site including but not limited to: wetlands, floodplain, archeological and/or historic sites, shorelines, vegetation and wildlife, endangered or threatened plants and animals, scenic vistas and travel corridors (both human and wildlife);

10. The location of any mining processing to be used and any accessory or related operations that may be utilized in conjunction with the operation of a processing plant by the mining processor or any firm, person, or corporation;

11. A general description of the equipment to be used for excavating, processing, and/or transporting excavated material;

12.  A transportation plan for the site illustrating any proposed external routes of access to the site and any proposed internal circulation route within the site, estimated number and frequency of trips to and from the site;

13. A detailed reclamation plan for the rehabilitation of the effected areas as specified in 8.4429

14. The means by which the applicant will control stormwater runoff and erosion to protect the watershed(s) and aquifer(s);

15. Hours of operation and days of operation for the extraction and other operations;

16. The means by which noise, dust, odors, vibrations, light pollution, and other potential nuisances will be controlled;

17. The location, type and height of all fencing with a minimum of five (5) feet required around the extraction area or the boundary of the property and appropriate signs prohibiting trespassing;

18. The location and type of landscaping to be used to screen the site, or other operations from adjacent land uses and public right-of-ways, including mounding;

19. Whenever the floor of a quarry is greater than (5) feet below the average grade of an adjacent public street or any adjacent property, the property containing the quarry shall be completely enclosed by a mound of earth not less than six (6) feet in height, and planted with trees and suitable landscaping. Such mound base shall be located not less than twenty-five (25) feet from any street right-of-way or boundary of the quarry property and the slope the mound shall be a 3 to 1 ratio;

20. Access roads shall be maintained in a dust-free condition by surfacing or applying dust-retarding material.

21. No mineral extraction operations shall be conducted within two hundred (200) feet of any R-District except as necessary for initial berm construction or removal;

22. The location of any storage or processing activities in the site shall be shown on the vicinity map and phasing map.

23. Any other information required by the Board of Zoning Appeal.

8.4423 All proposed mineral extraction operations shall be required to secure a permit for such activities form the Chief of the Division of Reclamation, Ohio Department of Natural Resources prior to the issuance of a Conditional Use Permit.

8.4424 The operator shall maintain complete records on a daily basis of all blasting operations, (if permitted) including records of the time, the date, the location, and complete description of weather conditions relating to each such blast. Such records shall be available to the Zoning Inspector upon request.

8.4425 In order to insure adequate lateral support for public roads in the vicinity of mineral extraction operations:

1-     All mineral excavations shall be located at least 100 feet and back filled to at least 150 feet from a street right-of-way line.

2-     All quarrying or blasting shall be located at least 100 feet from the right-of-way line of any existing or platted street, road, highway or railroad.

3-     Such excavations or quarrying may be permitted within these limits to the point of reducing the ground elevation to the grade of the existing or platted street, road, highway where officially approved by the authority charged with maintenance of such platted street, road, or highway.

8.4426 All excavations of minerals shall either be: (1) made to a depth of not less than five (5) feet below a water-producing level, or (2) graded and/or back filled with a non-noxious and non-flammable solids, to assure that the excavated area will not collect and retain stagnant water. The graded or back filled surface shall create an adequate finished topography to minimize erosion by wind or rain and substantially conform to the contours of the surrounding area.

8.4427 The underwater banks of all excavations, which are not back filled, shall be sloped at a grade of not less than 3 feet horizontal to 1 foot vertical minimum, to six (6) feet below the water line. Spoil banks shall be graded to a level suiting the existing terrain and planted with trees, shrubs, legumes, or grassed where re-vegetation is possible.

8.4428 Whenever active mining has ceased for a period of twelve (12) months, the applicant shall comply with the approved reclamation plan and such excavated area shall be left as a permanent lake, or the bottom floor thereof shall be leveled to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion. If the bottom floor is leveled said floor shall be covered with topsoil of adequate thickness for the growing of turf or other ground cover. If left as a lake, the banks shall be sloped and the soils restored and the area around the lake replanted in accordance with a reclamation plan approved as a part of the zoning approval process and consistent with ODNR reclamation regulation to provide habitat. Buildings and structures designed and constructed exclusively for mineral extraction, storage, or processing, for which no future use is contemplated and no other use is practical or feasible, shall be demolished and removed from the mined-out area within six (6) months of completion of active mining. Active mining will be defined as the following: “The land surface has been effected by mining and more than two hundred fifty (250) tons of mineral have been produced for a period of twelve (12) months, as reported in the annual reports submitted by the applicant to state agencies with oversight responsibilities for mineral extraction operations.” 

8.4429 The reclamation plan for the entire site shall contain, at a minimum, the following information;

1-   A map at a scale of one (1) inch equals one hundred (100) feet showing the existing counters at intervals of five (5) feet or less, any existing buildings or structures, and any public utilities or easements on the property.

2-   The depth of the proposed surface soil shall be not less than 18” or at least as great as the depth of the unusable overburden which existed at the commencement of operations, but which in no event need be more than 18 inches.

3-   The angle of slope of all earthen banks, which except for mounds required under section 8.4422--19 above, shall be no greater than one (1) foot vertical to three (3) feet horizontal. In areas where at the commencement of excavation a greater angle existed, the angle of the slope shall be no greater than that which existed at the commencement of excavation.

4-   The angle of the slope of all banks consisting of rock and their required cover.

5-   The location of fences or effective plantings in those locations that such angles of slope are not physically or economically feasible to reduce.

6-   The number of trees and shrubs and the type of ground cover to be provided. The type and number per acre of trees, shrubs, ground cover or legumes to plant shall be determined in consultation with the Greene County Agricultural Extension Agent in coordination with the Ohio Department of Natural Resources, Division of Wildlife, based on future land use.

7-   The location of proposed ultimate land uses, and physical improvements such as roads, drives, drainage courses, utilities and other improvements as determined in consultation with the Greene County Regional Planning and Coordinating Commission, the Miami Township Zoning Commission, the Greene County Engineer, the Greene County Sanitary Engineer, and the Greene County Soil and Water Conservation District.

8-   A statement that vegetation shall be restored by the spreading of sufficient soil and by appropriate seeding of grasses or planting of shrubs and trees in all parts of said reclamation area where the same is not submerged under water.

9-   A grading plan showing the proposed final topography of the area indicated by contour lines of no greater interval than five (5) feet.

10- At the end of each numbered calendar year, the owner/operator of any land or applicant in the AM (Agricultural/Mineral Resource District) in which, during the proceeding 24 month period, there has been any active quarrying; shall file with the Miami Township Zoning Inspector, a Reclamation Status Report which contains both maps and text which shall contain the following information:

a-   A division of the overall site into separate Reclamation Status Areas, which shall be those due to their location in relation to overall operations, are independently reclaimable.

b-   A statement as to when reclamation shall commence in each of said areas after each area is no longer used or usable in the overall operation. Reclamation shall commence within two (2) years.

c-    A statement as to when reclamation shall be completed in each of the said areas. In no event shall said period of time be in excess of one (1) year after reclamation has commenced and, in that part of said areas within two hundred (200) feet of any R-District, said period of time shall not be in excess of two (2) weeks after reclamation has commenced, if applicable.

d-   The actual mineral extraction and floor areas uncovered during the proceeding 24-month period.

e-   As to those areas in which, under the preceding paragraphs of this section, reclamation has commenced or is required to be commenced within the succeeding 24-month period the following information shall be provided:

1-     The depth of the proposed soil cover, which shall be at least eighteen (18) inches.

2-     A statement that along all boundaries of the overall ownership where no reasonable mining activities, expansion or future plans can be shown by the operator, the land shall be regraded by slope and be built up to the grade existing at the time of the commencement of operations.

3-     The angle of slope of all banks which shall be no greater than one (1) foot vertical to three (3) feet horizontal, except where at the commencement of quarrying a greater angle of slop existed, in which case the angle of slope shall be no greater than that which existed at the commencement of quarrying.

4-     The location of fences of at least five (5) feet in height in those locations where such angles of slope are not physically or economically feasible.

5-     The number of trees and shrubs and the type of ground cover to be provided.

6-     The locations of roads, drives, draining courses and other improvements.

7-     Vegetation shall be restored by appropriate seeding of grasses or planting of shrubs or trees in all parts of said extraction areas.

8-     Within six (6) months after the operation of any phase is completed, all temporary structures (except fences), equipment, stockpiles, rubbles, heaps, or other debris shall be removed so as to leave the premises in a neat and orderly condition.

9-     Upon completion of quarry operations, the operator/applicant shall be requires to submit a restoration report prepared by a registered Ohio Professional Engineer, certifying that the restoration plan has been fully completed as required.

8.4430 Performance Bonds:

8.44301 To guarantee that on going operations are in accordance with the stipulations and restrictions established at the time of approval, a performance bond will be furnished to the Clerk of Miami Township, Greene County, Ohio. The amount shall be set by the Board of Zoning Appeals as sufficient to offset damages in the event of violations of specified conditions of operation.

8.44302 To guarantee the restoration, rehabilitation, and reclamation as required herein, every applicant granted permission to conduct a mineral extraction operations herein provided shall furnish a reclamation plan and a performance bond to the Clerk of Miami Township, Greene County, Ohio. The amount of the Reclamation and Restoration bond shall be based upon an estimate of costs to meet the aforementioned requirements prepared by a professional engineer registered in the State of Ohio and submitted by the applicant. The amount of the performance bond shall be established by the Miami Township Board of Zoning Appeals and approved by Resolution of the Miami Township Trustees, depending upon the type and extent of the resolution required. The performance bond shall be a guarantee that the applicant, in restoring, reclaiming, and rehabilitating such land, shall, to the satisfaction of the Miami Township Zoning Inspector, meet the requirements of this section.

8.44303 The Miami Township Board of Trustees reserves the right to periodically review and increase the amount of the performance bonds for good cause based on new information, changed conditions, circumstances, or inflationary factors.

8.44304 For good cause shown, the Miami Township Board of Zoning Appeals may impose such other reasonable conditions and restrictions, as may be necessary for the protection of the public health, safety, morals, and general welfare during the mining and reclamation process.