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ORDINANCE ADDING SECTION 1145.013 (I-3 MINERAL EXTRACTION) OF THE PLANNING AND ZONING CODE AS CONTAINED WITHIN THE MARION CITY CODE
WHEREAS, the City Planning Commission has recommended a change to the existing zoning code at the direction of Marion Regional Planning, and
WHEREAS, the Zoning and Annexation Committee has recommended the change be adopted as is provided and drafted by the Marion Regional Planning, and
WHEREAS, the Council finds a real and present need to add to the existing code in order to serve the people of the City of Marion.
BE IT ORDAINED by the Council of the City of Marion, Marion County, Ohio:
SECTION 1. Marion City Code Section 1145.013 shall be read as follows:
I. Enforcement of Regulated Activity
It is the intent of this I-3 Mineral Extraction district that the agency that issues a permit for a prescribed activity shall be the sole enforcement authority of its own regulations. For example, the city of Marion shall enforce its zoning regulations contained within this section of the City Zoning Code. Ohio EPA shall enforce the air and water regulations and ODNR shall enforce all activity (blasting, dewatering, well replacement, reclamation, etc.) referenced in Chapter 1514 of the Revised Code. Failure to comply with a legal order of an agency shall be deemed a violation of this Zoning Ordinance, however, nothing herein shall be construed to require the owner or operator of the surface mine to waive or forfeit any right to appeal or otherwise contest the legality of any agency order. Upon request, the surface mining owner or operator shall provide to the city of Marion copies of all permits or licenses issued by other federal, state or local agencies.
If there is a conflict between any statute, law, ordinance, or regulation in effect at the time of the issuance of a zoning permit under this section and any such statute, law, ordinance, or regulation as later amended, the statute, law, ordinance or regulation in effect at the time of the issuance of the zoning permit shall control.
There shall be no extraction activity closer than:
A. 100 feet from all township, municipal, and county roads.
B. 50 feet from all state routes and U.S. highways.
C. 300 feet from intense residential dwellings (30 existing homes within a radius of 900 feet).
D. 100 feet from any isolated residential dwelling.
E. 50 feet from any property line.
F. All plant processing activities, except for primary crushing, shall be conducted no closer than 600 feet from the nearest property line.
G. Primary crushing activity shall be conducted no closer than 300 feet from the nearest property line.
H. All setback requirements (excavation and processing) may be waived by an individual owner of an isolated residential property or the owners in an intense residential development if all owners so agree. To be effective, all such waivers shall be in writing and presented to the Zoning Inspector. Recognizing that neighboring property may be bought or sold at anytime, setback waivers may be obtained and presented to the Zoning Inspector at any time.
III. Berms and Buffers
A. Unless fencing or barrier structures have been agreed to by the owner or operator of the surface mining premises, earthen berms shall be constructed around the perimeter of excavation area. Construction of fencing, barriers, or earthen berms shall be contemporaneous with mining activity such that as an area of land is affected by extraction, a berm or fence shall be constructed along the area affected, it being contemplated that the overburden removed from the affected area will be used to construct the berm. The type and height of fencing shall be agreed to by the owner or operator of the surface mining operation and the zoning inspector. In the event that the operator and the zoning inspector cannot agree, an earthen berm shall be constructed, if practicable. Berms shall be at least 8 feet high with a 3:1 slope and vegetated to prevent erosion. This section shall not apply to berms constructed on the site prior to the adoption of this section.
B. Fencing, barriers, or earthen berms may be located in setback areas but in no event closer than five feet from a property line adjoining a residential lot or property.
C. In the event that a setback of 300 feet as described in section II.C. is required, the owner or operator of the surface mining operation shall construct within the setback area an eight foot high earthen berm with a 3:1 slope and vegetated with trees. The berm shall be constructed contemporaneous with the extraction activity such that as an area of land is affected by extraction, the berm shall be constructed along the area affected, it being contemplated that the overburden removed from the affected area will be used to construct the berm. This section complies with the requirements of R.C. 709.023(C).
IV. Truck Traffic Ingress/Egress
A. There shall be no new commercial truck traffic entrance or exit to or from a public street, road or highway constructed on the premises.
B. If a new commercial truck traffic entrance or exit is to be constructed on the premises, a conditional use certificate shall be obtained from the Board of Zoning Appeals along with the approval of the location of the entrance or exit by the city or county engineer that has jurisdiction over the road to be used for commercial truck ingress and egress.
All surface mining blasting activity shall be managed and enforced as directed by Chapter 1514 of the Revised Code and relevant regulations. Consistent with Chapter 1514 of the Revised Code, the operator of the mine shall install, maintain, and operate, in accordance with industry standards, a seismograph monitor on its property at a point which is closest to the nearest residential property in the area in which excavation is occurring.
VI. Environmental and Reclamation
A. Fugitive dust shall be managed and enforced as directed by the Ohio EPA.
B. Discharge of water to ditches and streams shall be managed and enforced as directed by Chapter 6111 of the Revised Code.
C. Relocation of drainage ditches shall be managed and enforced as directed by the USACE, Ohio EPA, County Engineer, and other appropriate state and local officials.
D. Reclamation and bonding of the surface mining area shall be managed and enforced as directed by Chapter 1514 of the Revised Code.
VII. Replacement of Ground Water Wells
Dewatering of groundwater for surface mining and the replacement of water wells due to dewatering activities shall be managed and enforced as directed Chapter 1514 of the Revised Code.
VIII. Excavation Activities
All excavation activities shall be conducted pursuant to Chapter 1514 of the Revised Code.
IX. Lighting and Backup Alarms
All lights shall be directed so as to reduce glare off of the premises. All mobile equipment associated with the primary crushing activity shall use discernible or similar backup alarms approved by the Mine Safety and Health Administration to reduce sound levels. Backup alarms on customer trucks and other mobile equipment not associated with the primary crushing plant are not subject to this requirement.
X. Zoning Permit Term
Because surface mining activity is planned far in advance of the actual extraction activity, notwithstanding any other provision of this Zoning Ordinance, a zoning permit issued for activity in the I-3 Mineral Extraction District shall not expire nor shall surface mining activity be required to commence on the subject property within a specific period of time after the issuance of a zoning permit.
XI. Sound Levels
Because the I-3 ME District regulations require significant setback limits and berming requirements, the mining and processing activity addressed in the I-3 ME District shall not be subject to the requirements of Chapter 634 of the ordinances of the city of Marion pertaining to noise levels.
XII. Annexation Obligation
The owner of I-3 ME property shall be obligated to petition for the annexation of any contiguous real property owned by it or an affiliated entity to the city of Marion if such real property meets the statutory requirements for annexation under Chapter 709 of the Revised Code. This obligation shall extend to property owned at the time of the issuance of a zoning permit issued under this section and to any later acquired property. The property owner shall have the sole discretion to decide under which annexation procedure it will proceed, including without limitation, the Expedited Type II procedure. The property owner shall use its best efforts to secure the annexation of the real property. The owner shall file its annexation petition within one hundred twenty days after demand by the city of Marion to do so. Failure to comply with this provision shall be a basis upon which the city of Marion may cancel any previously issued zoning permit.
SECTION 2. This ordinance shall become effective from and after the earliest period allowed by law.
APPROVED: Dave Edwards
President of Council
Mayor Scott Schertzer
Clerk of Council