8C - Extractive Use Overlay District

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STAFF REPORT Item: Extractive Use Overlay District Background: Currently, extractive uses are allowed as conditional uses in the Forest Management and Agriculture zones. During the Ordinance revision process, it was thought that limiting extractive uses to these areas and making them conditional uses would limit any adverse impacts on residential areas and natural resources. Section 8.5 of the Ordinance currently contains the following standards and provisions regarding extractive.These provisions are excerpted directly from the Land Use and Subdivision Ordinance. 1. In all districts where permitted, mining shall be permitted only by C.U.P. Such permit shall include as a condition: site plan, a completion plan, and a haul route plan with provisions for road restoration as provided below. 2. All excavation and extraction shall conform to the following: a. Distance from property lines. No quarrying shall be carried on or any stock pile placed closer than 50 feet from any property line, unless a greater distance is specified by the C.U.P. where such is deemed necessary for the protection of adjacent property, provided that this distance requirement may be reduced to 25 feet only with written consent of the owners of the affected adjacent non- residence property. b. Distance from public right-of-way. In the event that the site of the mining or quarrying operation is adjacent to the right-of-way of any public street or road; �- no part of such operation shall take place closer than 50 feet to the nearest line of such right-of-way. c. Fencing. Fencing shall be erected and maintained around the entire site or excavated portions thereof and shall be of a type specified in the C.U.P. d. Equipment. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise, and vibration. Power drives or power producing machinery,not including vehicles,shall not be housed or operated less than i,000 feet from a residential use district. e. Processing. Crushing, washing, refining, or other similar processing may be authorized by the C.U.P. as an accessory use; provided, however, that such accessory processing shall not be in conflict with the regulations of the district in which the operation is located. Processing shall not be permitted in the residential districts.All processing equipment shall be located at least 1,000 feet from any residence, 200 feet from the OHW of any lake or stream, and outside of the wellhead protection area. 3. Rehabilitation. To guarantee the restoration, rehabilitation, and reclamation of mined- out areas, every applicant granted an extraction/mining permit as herein provided shall furnish a performance bond running to the City in an amount to be determined by the City Engineer and acceptable to the Planning Commission as a guarantee that such applicant, in restoring, reclaiming, and rehabilitating such land and haul roads shall, within a reasonable time and to the satisfaction of the City, meet the following minimum requirements: a. Surface rehabilitation. All excavation shall be made either to a water producing depth,with a water depth of not less than five (5) feet or the surface of such area which is not permanently submerged shall be graded or backfilled to contour and shape the peaks and depressions thereof, so as to produce a gently drained surface that will minimize erosion due to rainfall and which will be in substantial City of Pequot Lakes Staff Report 10-1 August 17,2006