§ 56-510. Mineral extraction.

(a)

Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Plant area —the territory planned for extraction of sand, gravel, or other earth materials and the operational installation, if any, for the excavating, processing and distribution of the minerals.

(b)

The following information shall be submitted with the application for a special use for mineral extraction operations including borrow pits, topsoil removal and storage areas.

(1)

A map of existing conditions showing the lands proposed to be included in the plant area and the lands within 1,000 feet in all directions. This map shall show the boundaries of the plan area and existing conditions on the mapped lands including:

a.

Existing contours, with a contour interval appropriate to the site which accurately reflects the topographic condition, two-foot contour intervals for area less than ten percent grade; five-foot contour intervals for area with greater than ten percent grade).

b.

Water bodies and drainage courses: Depth of water table below existing terrain.

c.

Estimate of depth and extent of deposit.

d.

The present use of adjoining lands (residential, commercial, industrial, institutional, recreation, agricultural, etc.).

e.

The present zoning classification of subject and adjoining lands and setback requirements.

f.

All publicly owned lands.

g.

Public rights-of-way road types.

h.

Easements and railroad lines.

(2)

A plan of operational areas showing:

a.

Area proposed for excavation.

b.

Area proposed for settling ponds and wash water outlets.

c.

Area proposed for processing facilities and storage.

d.

Area proposed for production facilities, if any, for resource-related industry.

e.

Area proposed for plant entrance, office, dispatcher headquarters, off-street parking and equipment storage.

(3)

A plan of excavation showing:

a.

Division of the area proposed for excavation into one or more excavation units which are to be excavated and rehabilitated in sequence. Estimated dates for the rehabilitation of the excavation units should be given;

b.

Methods to be used to minimize the effect of erosion by wind and water on the entire tract, such as the planting of ground cover vegetation;

c.

Methods of screening the area of operations from view, such as planting screens or the use of earth mounds;

d.

The access or haul road system.

(4)

A conceptual plan of development for the rehabilitation and reuse of the entire plant area following extraction showing:

a.

A proposed plan for landscape rehabilitation, including grading, drainage, planting, and similar appropriate installations;

b.

The proposed water area, if any, resulting from excavation;

c.

A proposed plan of functional reuse of the total plant area showing, diagrammatically, future locations of residential, commercial, industrial, public, semipublic, and other land uses, if any, and the principle elements of a future traffic circulation system to service the area. Sufficient information shall be provided to determine the general characteristics of proposed development such as population density ranges, types of commercial or industrial usage, and kinds of public areas.

(5)

All requirements of the Surface Coal Mining Land Conservation and Reclamation Act, 225 ILCS 720/1.01 et seq., including all amendments thereto, shall apply to all mineral extraction sites, as defined in this section, and subject to the rules and regulations of this act. All other mineral extraction sites not subject to the act shall provide a bond with surety or security satisfactory to the board of appeals. The amount of this bond of surety or security shall be from $600.00 to $5,000.00 per acre, or fractional part thereof, for the area to be excavated, by excavation units, which will run to the county board to ensure the satisfactory completion of the landscape rehabilitation shown in the plan of development following the extraction process. The exact amount of the bond of surety or security is to be determined by the board of appeals after considering the various factors relating to the feasible reclamation costs. This bond of surety or amount of security shall not be higher than an appraised value on the subject tract, unless the board of appeals has the approval of the county board to set an amount for the bond of surety or security higher than an appraised value. The board of appeals requires that a land appraisal of the property to be affected by the mineral extraction site, as described in the special use application, be submitted to the board of appeals along with the mineral extraction site special use application. The board of appeals may also require the assistance of a land appraiser or assessor in determining the amount of surety or security to be required. The cost of the hiring of such a land appraiser or assessor shall be borne by the applicant for the special use, mineral extraction zoning case. The board of appeals shall fix the amount of the bond of surety or security before the vote has been ordered by the chairperson of the board of appeals on the special use, mineral extraction site zoning case. As each new excavation unit is begun, such surety will be required and the bond released by the county board for those excavation units that have been inspected and found to be satisfactorily rehabilitated in accordance with the original approved plan of development.

(c)

The plant area will be used primarily for the excavation of sand, gravel, rock and other earth materials, and the processing, storage, stockpiling, distribution, and sale thereof.

(d)

The following uses may be permitted when they are determined to be functionally beneficial to the extraction activity, appropriate to the location and environs, and not detrimental to adjoining lands:

(1)

Concrete batching plants;

(2)

Mixing plants for either Portland cement or asphaltic concrete;

(3)

Concrete block, pipe, beam, slab or panel plants.

(e)

The uses referred to in subsections (c) and (d) of this section are subject to the performance standards, and any amendments thereto, prescribed and enforced by the state environmental protection agency.

(f)

Other plant area requirements:

(1)

Slopes. All land affected by surface mining except as otherwise provided in the state surface coal mining land conservation and reclamation act, 220 ILCS 720/1.01 et seq., shall be graded to a rolling topography traversable by machines necessary for maintenance in accordance with planned use, with slopes having no more than 15 percent grade, except that in the case of those lands to be reclaimed in accordance with filed plan for forest plantation, recreational or wildlife, the final cut spoil, the box cut spoil and the outside slopes of all overburden deposition areas, the grade shall not exceed 30 percent; but, such slopes need not be reduced to less than the original grade of the overburden of that area prior to mining. All land reclaimed for row-crop agriculture use shall be graded in accordance with Rule 1104 of the state surface coal mining land conservation and reclamation act, 220 ILCS 720/1.01 et seq. Mineral extraction operators not subject by law to the requirements of this act shall by reference be required to comply with Rule 1104 of said act.

(2)

Fencing. Prior to the commencement of any operations in a plant area or part thereof located within 500 feet of a developed residential area, public park or other institution, a fence shall be constructed enclosing the plant area or part within that prescribed distance. Shops, garages, warehouses, storage areas, offices, dwelling units and other areas which have not been excavated and are not used by the plant, need not be fenced. Said fence shall be of woven wire, not capable of receiving a child's foot and be at least four feet in height, or a planting of shrubs capable of producing a tight, practically impenetrable hedge (i.e., multiflora rose). The bottom of the fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches. Gates of the same height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. Said gates shall be equipped with keyed locks and shall be kept locked at all times when the plant area operations are shut down. Said fence, gates and locks shall be maintained in good condition.

(3)

Ingress, egress and traffic safety. Adequate sight distance shall be maintained for traffic safety in compliance with the standards and requirements of the local highway authorities.

(4)

Off-street parking. Off-street parking shall be provided for all equipment and for cars of employees. Such parking area shall be surfaced with crushed stone.

(5)

Screens. Screen planting consisting of a variety of trees, shrubs or both in the same planting area, or a combination of seeded earth mounds and plant material screens shall be constructed and planted so as to form dense screens to a height appropriate to block out objectionable features and maintained along the perimeter of any area being operated where said perimeter abuts a public thoroughfare or a developed residential area.

(6)

Drainage. Upon completion and during operations, the land shall be maintained in a safe condition so that sufficient drainage shall be provided so as to prevent water backing onto adjoining property, water pockets, or undue erosion, with all grading and drainage such that both natural storm water and tiled drainage leaves the entire property at the original, natural drainage points, and that the area drainage to any one such point is not increased.

(7)

Setbacks.

a.

Setback distance shall be provided as required by Rule 1108 of the state Surface Coal Mining Land Conservation and Reclamation Act, 220 ILCS 720/1.01 et seq. Copies of such approval by the state department of mines and minerals shall be filed with the county regional planning commission.

b.

Mineral extraction operators not subject by law to the requirements of this act shall, in this instance, be subject by reference to the requirements of Rule 1108 as stated in the act and, pursuant to complying with the requirement, shall submit an outline to the board of appeals within a three-month period, and the mineral extraction site operator shall provide evidence of a mutual agreement between the mineral extraction site operator and the adjacent land owners or a supervisor of a public right-of-way. This outline must be approved by the board of appeals before any excavation work commences within the setback distance area.

(8)

Excavations made to water producing depths, and proposed as water areas in the plan of development should have a minimum depth at some point of not less than six feet measured from low water mark.

(9)

The rehabilitation of the plant area in conformance with the plan of development submitted with the application.

(Ord. of 12-4-1973, § 20.0)