X-TAG
Xenia/Bath/Miami Township Action Group

"Dedicated to the Health and Welfare of Our Community"
As Agreed Upon By Committee During the Past Year

SECTION 411 M3 - MINERAL EXTRACTION AND STORAGE
(Subject to 412 Flood Plain Overlay)

411.1 PURPOSE AND INTENT:

The purpose of this Section is to ensure that the mineral resources of Xenia Township are properly managed, and that the land is used with a minimum of environmental degradation, screened and reclaimed so as not to create a hazard or nuisance which may adversely affect the public health, safety, morals or general welfare of the community, either immediately or in the future and will conform to the standards, objectives, and policies of the current land use plan as adopted by the Xenia Township Trustees. The intent is to create a progressive plan for concurrent mining and reclamation which restores the land to its original or agreed upon use. Quarries, sand and gravel operations, or other mineral extraction operations will be permitted within the M-3 district. Associated industries which utilize the products of these operations shall be subject to approval as Conditional Uses by the Board of Zoning Appeals as described in Section 411.5.

Applications will be reviewed by Greene County Regional Planning. Public hearings shall be held by the Xenia Township Zoning Commission and the Xenia Township Trustees for review of all mining permits and proposed reclamation plans. These hearings shall be advertised by the placing of signs by the Township on the land with frontage on the roadway. This zoning district is only created through a map amendment. Therefore, additional restrictions in accordance with Article VII, Amendments, of the Xenia Township Zoning Resolution shall apply.

The following standards shall be guaranteed by the applicant:

411.2 APPLICATION FOR MAP AMENDMENT

All applications for the M-3 within Xenia Township shall be accompanied by the following information, at a minimum:

A. General Information
1. Name and address of the applicant, including all partners, officers, owners and/or operators of the corporation
2. Name and address of the owner of the property
3. Name and address of the owner of the surface rights of the property
4. A list of the types of resources or minerals to be extracted
5. The proposed method of removal of resources
6. A general description of the equipment to be used for excavating, processing, and/or transporting excavated mineral resources
7. A transportation plan for the site illustrating any proposed temporary operational roads, external routes and access points to the site
8. Hours of operation, subject to approval by the Board of Trustees in the interest of the health and safety of surrounding residents and businesses.

B. Schedule
1. A proposed schedule for the initiation and progression of mining on the property.
2. Estimate the location, description and size of the area to be disturbed in the first year, and subsequent years, hereinafter called the footprint.

C. Maps
1. Vicinity maps, drawn at a scale of one (1) inch equal to one thousand (1,000) feet illustrating
a. the site in relation to surrounding existing and proposed land uses;
b. existing and proposed roads;
c. surrounding zoning districts;
d. relation to land use plan currently adopted by Xenia Township;
e. an aerial photo of the vicinity from a publicly available source shall be included.
2. Contour maps at a scale of at least one (1) inch equals two hundred (200) feet illustrating
a. existing contours at intervals of five (5) feet or less;
b. any existing structures;
c. any public utilities or easements on the property.
3. Surface water map - flow rates and direction

D. Screening Plan
Quarry Depth Adjacent to Road:
Whenever the floor of a quarry is greater than five (5) feet below the average elevation of an adjacent public street or any adjacent property, the property containing such quarry shall be completely enclosed by an earth mound not less than six (6) feet in height or higher as needed to provide a visual and noise barrier, and planted with suitable landscaping, and/or fence not less than six (6) feet in height. An earth mound that requires mowing shall have a slope no greater than 3:1. All plantings or fences shall be sufficient, in either case, to potentially deter persons from trespassing upon the property and shall be properly maintained by the owner/operator. Such mound shall be located not less than twenty-five feet from any street right-of-way or boundary of the quarry property. Such barriers may be excluded where deemed unnecessary by the Board of Trustees because of the presence of a lake, stream, or other existing natural barrier.

E. Studies - To be conducted by a qualified professional engineer registered in the State of Ohio or other expert in the field as approved by the Board of Trustees, at the applicant’s cost:
1. Study of excavations and existing water table:
a. anticipated depth of excavation
b. effect to water table
c. data on wells in the area
d. existing ground water conditions at the site
e. demonstrate that the source of any public or private water supply shall not be adversely affected due to the lowering of the water table or contamination of the supply
2. Hydrologic study:
a. determine and describe surface water in the vicinity
b. map of surface water (same as B. MAPS (3) above)
c. information relating to flow rates and direction

F. Proposed Structures - The proposed location of any processing plant and related structures to be used and any accessory or kindred operations that may be utilized in connection with the operation of a processing plant by the mining processor or any other firm, person, or corporation; buildings and structures, storage facilities, plantings and fences if necessary, all subject to Board of Appeals approval of a Conditional Use (see Section 411.5) after rezoning is approved and state permit is issued.

G. Reclamation Plan - A plan for the reclamation and restoration of the site as specified in this Section. The reclamation plan for the site shall be reviewed for compliance at the end of each twelve (12) month period by the Xenia Township Trustees or their designated representative. Reclamation shall be in compliance with the intent of the reclamation plan. Operator shall provide a copy of ODNR annual approved permit. The reclamation plan for the site shall contain, at a minimum, the following information and meet the following requirements:
1. A map at a scale of at least one (1) inch equals two (200) hundred feet showing future contours at intervals of five (5) feet or less, any proposed structures, and any public utilities or easements on the property;
2. The depth and type of the proposed cover shall be sufficient to meet the proposed intended use;
3. The material used in reclamation shall be identified;
4. The angle of slope of all earthen banks 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 slope shall be no greater than that which existed at the commencement of excavation;
5. The angle of slope of all banks consisting of rock and the required cover;
6. The location of fences or effective plantings in those locations where the Board of Trustees determines that such angles of slope are not physically or economically feasible to reduce;
7. 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 legume to plant shall be determined in consultation with the Greene County Agricultural Extension Agent;
8. 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 Regional Planning and Coordinating Commission, the County Engineer, and the Sanitary Engineer;
9. 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.

H. Demonstration of Compliance - The applicant shall demonstrate compliance with all previously issued permits.

I. Any other information the reviewing board(s) may deem necessary in order to determine that the proposed extraction operation will not be detrimental to surrounding land uses and the community in general.

411.3 MINING PERMITS AND PROPOSED RECLAMATION BONDS

A. The application will be processed in accordance with Article VII - Amendments. If the request to rezone is approved by the Xenia Township Trustees, the applicant is required to provide a copy of the permit from Department of Natural Resources, and proof of performance and closure bonds described herein. If all other requirements have been met, the applicant will be granted an annual operating permit from the Xenia Township Zoning Inspector.

B. Permit - Department of Natural Resources
All proposed mineral extraction operators shall be required to secure a permit for such activities from the Chief of the Department of Mineral Resource Management, Ohio Department of Natural Resources. Where possible, the operator will complete the state permit application using the same specifications as approved by the Board of Township Trustees in the rezoning process.

C. Performance and Closure Bond
1. To guarantee that ongoing operations and future closure are in accordance with the conditions and standards established at the time of approval, a mining and closure plan and a mining and closure bond shall be furnished to the Clerk of Xenia Township, Greene County, Ohio. The applicant shall also post a performance bond or a reasonable equivalent as determined by the Trustees to ensure adherence to all requirements of Section 411. The amount of the bonds shall be set by the Xenia Township Trustees and 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 bonds shall be sufficient to offset damages in the event of violations of specified requirements and conditions of operations and sufficient to complete reclamation as necessary. The Township reserves the right to periodically review and increase the amount of the performance and closure bond based upon new information, changed conditions, circumstances, or inflationary factors.
2. To guarantee the restoration, and reclamation of mined-out areas within a reasonable time, every applicant approved to conduct a mineral extraction operation, as herein provided, shall complete reclamation and restoration per the agreed upon reclamation plan. Reclaiming and restoring the land shall include but not be limited to removal of unwanted structures, equipment, asphalt operations belonging to the operator, disposal of tanks and cleanup of maintenance and support areas. Upon completion of quarry operations, the applicant/operator shall submit a restoration report prepared by a registered Ohio Professional Engineer, certifying that the restoration plan has been fully completed as required. This shall be submitted to the Zoning Enforcement Officer for compliance review and transmittal to the Board of Trustees. If restoration and reclamation is deemed completed the bond shall be released.

411.4 ENVIRONMENTAL ISSUES

A. Noise Restrictions
1. Decibel Measurement Criteria: Any decibel measurement made pursuant to the provisions of this chapter shall be as measured with a sound level meter using “A” weighting.
2. Land Use Area Noise Control:
Definitions of land use classes for noise control purposes, in this section, the use of the land to which noise is emitted determines when such noise is in violation of this section. Different levels of noise are permitted according to the land use categories listed below. The land use classes are defined according to the zoning districts outlined in the zoning resolution.
a. CLASS 1 includes all land classified under residential, group housing projects and planned unit development districts, as defined in this zoning resolution as E, Rural Residential Estate, R-1 Single Family Residential, RM - Multi-Family Residential, PUD –R, planned unit development, R-MH, Mobile Home Park.
b. CLASS 2 includes all land classified under zoning districts A- agriculture, F-1 Flood Plain, IG - Institutional Governmental, B-1, Convenience Shopping District, B-2 Neighborhood Business, B-3, Highway Business
c. CLASS 3 includes all land classified under zoning districts, M-1, Light Industrial district or M-2 Heavy Industrial.
3. Establishment of Noise as a Pollution
It is unlawful for any person to create any noise, which would cause the noise level at the property line of any property to be more than five (5) decibels above the established standard as outlined below in Sections a, b and c, for a cumulative period of fifteen (15) minutes in any hour. At the property line between two classes/districts the most restrictive standard shall be used.
a. Noise emitted to Class 1. When measured at a height above the ground of four feet or more, and at the property line of areas designated Class 1, noise possessing one or more of the characteristics listed below shall be considered in violation of this resolution:
1) During the hours of 7:00 a.m. to 10:00 p.m.:
a. Continuous sound in air which has a sound level in excess of sixty-five (65) decibels on a “a” weighted scale, slow response, on a sound level meter: or
b. Impulsive sound in air which has a true peak sound pressure level in excess of one hundred twenty (120) decibels.
2) During the hours of 10:00 p.m. to 7a.m.:
a. Continuous sound in air which has a sound level in excess of fifty-five (55) decibels on the “a” weighted scale, slow response, on a sound level meter: or
b. Impulsive sound in air which has a peak sound pressure level in excess of eighty (80) decibels.
b. Noise emitted to Class 2. When measured at a height above the ground of four feet or more, and at the property line of areas designated Class 2, noise possessing one or more of the characteristics listed below shall be considered in violation of this resolution at all times:
1) Continuous sound in air which has a sound level in excess of sixty-five (65) decibels on the “a” weighted scale, slow response, on a sound level meter; or
2) Impulsive sound in air which has a peak sound pressure level in excess of one hundred twenty (120) decibels.
c. Noise emitted to Class 3. When measured at a height above the ground of four feet or more, and at the property line of areas designated Class 3, noise possessing one or more of the characteristics listed below shall be considered in violation of this resolution at all times:
1) Continuous sound in air which has a sound level in excess of seventy-five (75) decibels on the “a” weighted scale, slow response, on a sound level meter; or
2) Impulsive sound in air which has a true peak sound pressure level in excess of one hundred twenty (120) decibels.
d. Exclusions The following sounds shall not be considered noise: Sounds generated within the environs subject to the provisions of the labor and safety laws, such as sounds emitted by safety devices, providing the sound does not exceed the minimum levels set by the regulatory agency; and sounds incidental to construction of barriers required under this Section 411.

B. Dust
All trucks will be prohibited from depositing foreign materials onto the public roadways. This shall include dust, rocks, sand, and clay. Trucks will be cleaned on site before using public roads.

C. Blasting
The operator shall maintain complete records on a daily basis of all blasting operations including records of the time, the date, the location, and complete description of weather conditions such as time, temperature, humidity, and wind velocity relating to each such blast. Such records shall be available to the Zoning Inspector upon request.

D. Public Roadway Restrictions
At no time shall an emergency vehicle be restricted from access to a public road for any reason including but not limited to: on road parking, deliveries, business operations, moving of equipment, etc.

E. Gas Pipeline Safety
Residents, schools and businesses within 2500 feet of a blast shall be notified 24 hours in advance of a planned blast when the blast is within 500 feet of a high pressure gas pipeline. If possible, the operator will provide a blasting schedule to the Township.

411.5 CONDITIONAL USES
The Xenia Township Board of Zoning Appeals shall have the authority to hear and decide the following conditional uses as outlined in Section 600.8.4. of this resolution. At the request of the Board of Zoning Appeals, the operator shall fully cooperate in any investigation by the Board of Zoning Appeals of the conditions of the operation.

A. Storage and Processing
The location of any storage or processing activities upon the site will be subject to approval by the Board of Zoning Appeals because of possible detrimental external effects such as air or water contamination. All such activities shall be naturally or artificially screened from any public street, existing dwelling unit, or any residentially zoned property. Storage does not include materials extracted from the site.

B. Buildings
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 in accordance with the reclamation plan.

C. Associated Industries
Associated industries which utilize the products of mineral extraction operations, or other related mineral extraction operations may be permitted within this specified district upon submission of satisfactory proof that such operations will not be detrimental to the neighborhood or surrounding properties.

411.6 GENERAL PROVISIONS

A. Depth
Mineral extraction to a depth not exceeding six (6) feet may be conducted up to one hundred (100) feet of any residential district, provided the operation is conducted over a temporary period not to exceed twelve (12) months, and the operation of equipment is limited to the extraction process. Further, mineral extraction to a depth exceeding six (6) feet may be conducted up to two hundred and fifty (250) feet of any residential district or existing dwelling, providing the operation does not use explosives and the operation of equipment is limited to the extraction process. All other mineral operations shall not be conducted closer than five hundred (500) feet from an existing Residential District or existing dwelling.

B. Temporary Roads
Temporary operational roads shall not be located closer than four hundred (400) feet from any Residential District or any existing dwelling. All trucks leaving the location of operations shall use paved or improved roads only.

C. Lateral Support - Public Road
In order to ensure adequate lateral support for public roads in the vicinity of mineral extraction operations:
1. All 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 any right-of-way.
3. Such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the elevation of the existing or platted street, road, or highway centerline where officially approved by the authority charged with maintenance of such platted street, road, or highway.

D. Excavations - Depth or Grade
All excavations shall either be: (1) made to a depth not less than five feet below a water-producing level, or (2) graded and/or back filled with 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 with the contours of the surrounding area.

E. Banks
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 a minimum 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 grasses where re-vegetation is possible.

F. Excavation Area - Lake
1. When any quarrying has been completed, such excavated area shall either 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. Said floor shall be covered with soil, of adequate thickness for the growing of turf or other ground cover as required by Xenia Township.
2. If such quarried area is left as a permanent lake, all sides must be sloped to no greater than one (1) foot vertical to three (3) feet horizontal extending to a six (6) foot depth, or a stable bank be established.

411.7 ANNUAL OPERATING PERMIT
Operator shall obtain annually an operating permit which certifies conformance to all requirements of Section 411. For good cause shown, the Xenia Township Trustees may impose such other reasonable conditions and restrictions as may be necessary for protection of public health, safety, morals and general welfare during this mining and restoration process.
Operator shall submit the following information to obtain the permit:

A. Proof of current bonds (certified annually that bond is in place)

B. Copy of annually approved state permit

C. Mining maps indicating the proposed mining and reclamation plan for the next 12 months may be requested.

411.8 ENFORCEMENT

A. The Xenia Township Zoning Inspector or designated substitute shall be granted access to the permitted land for on-site inspection after a twenty-four (24) hour notice has been given to the operator. Any facility that fails to demonstrate compliance, or fails to conform to the requirements and limitations contained in the permit may have its general permit suspended or revoked.

B. The Zoning Inspector or designee shall visit the site at any time if cause for a violation to the conditions exists.

C. No materials may be used for reclamation which are hazardous or have the potential to contaminate ground water or threaten the public health. Permission to use any material may be revoked upon written notification to the operator from the township zoning inspector.

D. In the event that it is established as a matter of fact that there has been a failure to adequately comply with the provisions of this Section, said operators shall take immediate steps to provide full compliance herewith. In the event the operator does not comply, the state authority issuing permits for mineral extraction shall be notified of the violation and nonconformance with local zoning regulations.

E. In the event the operator has been found responsible for the diminution, contamination, or interruption of a public or private water supply, the operator shall be responsible for costs of replacement of that water supply including drilling new wells or providing a connection and hook up to public water.

411.9 MINIMUM LOT SIZE: 25 ACRES

411.10 MINIMUM LOT FRONTAGE: 500.00 FEET