§ 153.086. MINERAL RESOURCES.

Nothing in this chapter shall prevent the use and alienation of mineral resources by the owner or alienee. However, any such use shall be subject to the following standards:

(A) No production shall be started nor shall any permit be issued until the Board shall have made a written determination with respect to the conditions under which such operation shall be conducted. The Board shall investigate the area to be developed, as well as the surrounding area, in order to determine the conditions to be prescribed so as to protect surrounding property.

(B) In their review, the Board shall determine that the following standards are met, but may, where deemed necessary, make reasonable exceptions:

(1) That the site will be used for mineral extraction activities (as defined). Concrete batching plants and mixing plants for portland cement or asphaltic concrete, and the manufacture of concrete, clay or cement products are only permitted if zoned industrial. All mineral extraction and related uses are subject to the performance standards prescribed herein and shall be removed upon completion of active mining at the site upon which they are located.

(2) No production from an open pit shall be permitted which creates a finished slope steeper than 2 feet to 1 foot vertical for the excavation of sand and gravel, or which creates a finished slope steeper than 1 foot horizontal to 1 foot vertical for the excavation of products other than sand and gravel, except that in locations where the soil or rock content is such that vertical cuts are proven to be safe, a vertical cut thereafter of any depth shall be allowed.

(3) Property to be used for production shall be enclosed by a cyclone fence along the exterior boundaries for the promotion of safety and general welfare of the community.

(4) Where required, suitable plant material shall be placed and maintained to screen cut slopes from public view. There shall be no open storage of discarded machinery, trash, or junk which would present an unsightly appearance.

(5) Access roads to any site shall be limited to 2, or at most 3 points and shall be constructed on a level with the pavement of any public street or highway for a distance of not less than 80 feet therefrom, and the 80 feet of road shall be improved with a dustless, all weather surface. Adequate sight distance shall be maintained for traffic safety in compliance with the standards and requirements of the Highway Department.

(6) Upon the completion of operations, the land shall be left in a safe condition as shown on the Plan of Rehabilitation so that sufficient drainage is provided so as to prevent water pockets or undue erosion, with all grading and drainage such that natural storm water leaves the entire property at the original, natural drainage points, and that the area drainage to any 1 such point is not increased.

(7) Vehicles carrying materials from the site shall be loaded in such manner as to prevent spilling rock, gravel or sand or other materials of a similar nature while in transit upon roads and highways.

(8) Mining shall be done so as to keep noise and dust to a minimum. Explosives shall be used only between sun-up and sun-down except in the case of emergency.

(C) All applications for mineral extraction shall be accompanied by a map or plat showing the existing conditions of the area proposed for mining (including existing contours and drainage); a plan of the operational and excavation areas; the time estimate for removal of the materials; and a plan of development showing the rehabilitation and reuse of the entire site following extraction (including proposed contours and drainage).

(D) Mineral extraction must comply with all applicable sections of I.C. 14-35-1-1, I.C. 14-34 and I.C. 14-35.

(1993 Code, § 8-56) (Ord. 93-02, passed 2-1-1993)