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HomeMy WebLinkAboutDept Report 01-21-03 CARMEL/CLAY PLAN COMMISSION DEPARTMENT REPORT January 21, 2003 6i. Docket No. 177-02 OA, 178-02 CPA Amendment to the Carmel/Clay Zoning Ordinance & Comprehensive Plan - Mineral Extraction District The petitioner seeks to add a new zoning district to the Zoning Ordinance. Filed by the Department of Community Services. The City of Carmel and Department of Community Services has initiated the petitions referenced above in order to address the land use of mineral extraction under a new zoning district designation. The proposed Comprehensive Plan Amendment and Ordinance Amendment is not specific to any particular real estate. They establish the basis for regulating mineral extraction under a district designation and the rules and procedures that would apply to real estate zoned under the proposed designation. A property may only be rezoned to the proposed district designation after review and recommendation by the Plan Commission and adoption by the City CounciL Again, these amendments only address the creation of a zoning district designation, not its application to a specific parcel(s). Please find enclosed a draft of the Comprehensive Plan Policies and proposed Ordinance for your consideration. Please contact Mike Hollibaugh or myself with any questions you may want to see addressed at the Public Hearing. The Department is requesting that the Plan Commission forward this petition to the Special Studies Committee for further discussion and consideration on February 4th. . t 1/15/2003 ~ DRAFT Mining Policies for inclusion into the Comprehensive Plan A. The City of Carmel recognizes the value of having mineral resources located within its community. These mineral resources are non~renewable natural resources that should be developed consistent with sound environmental planning to the benefit of the community. B. The development of mineral resources benefits the community by providing the means to create and construct our homes and our infrastructure. Mineral resources are the backbone of economic development for both private development and public works projects. By providing these non~renewable natural resources cheaply, savings are captured by homebuyers looking to move their families to Carmel and in the cost of infrastructure improvements enjoyed by all residents of the city. C. Mineral resources can only be extracted where they are located in nature. Therefore, owners of property where these natural resources are located should be permitted to develop those resources so long as they do not significantly impact the quality of life for the rest of the community. D. All mining land uses should be comprehensively reviewed to insure that reclamation of the properties is consistent with the overall comprehensive land use objectives of the city. Before properties are developed for housing and other permanent uses, mineral resources on the site should be evaluated first, to ensure that these natural resources do not become permanently inaccessible. E. Open space planning within the community should consider existing and proposed mines as valuable long~term open space candidates after reclamation. F. All current and proposed mining activity within Clay Township should be evaluated based on the following criteria: 1. Environmental impacts 2. Noise impacts 3. Visual impacts 4. Dust 5. Integrity of underground mining 6. Impacts on hydrology and hydrogeology 7. Traffic impacts 8. Reclamation objectives 9. Location of storage &: processing of materials 10. Buffering from adjacent uses n. Erosion Control 12. Monitoring and reporting of mining activities 13. Suitability of soils 14. The applicability of mining practices and technology that could minimize impacts to nearby neighborhoods 15. Surrounding land uses. C:\Documents and Settings~dobosiewicz\Local Settings\ Temporary Internet Files\OLK80\Mining Policies2.doc , ~ 1/15/2003 ~ G. Mining should not occur within 300 feet of an existing residential area. The area between the mine and nearby residential areas should be buffered including, but not limited to, noise and visual barriers and landscaping such as trees, shrubs and mounding. The goal of this buffer area is to minimize impacts to nearby residences. H. No additional subsurface mining should occur north of 106th Street or West of Gray Road. 1. Mining applications involving blasting should be required to include an isoseismic study that will indicate appropriate techniques and use of technology to mitigate the impacts of blasting on nearby residential areas. The techniques described in the study must be employed by the mining company with the approval of the City. J. Only mining companies that are members of the Environmental Stewardship Council and have adopted the Guiding Principles of the Environmental Stewardship Council should be allowed to mine within the Carmel/Clay community. K. When mining is complete, the reclamation plan should be initiated quickly to provide the community with an attractive amenity in accordance with the adopted reclamation plan. The City can require the posting of reclamation bonds if deemed necessary. When appropriate, reclamation areas may be dedicated or acquired for public use as part of the community parks system. L The city should employ experts, at the expense of the mining company, to review the applications and mining plans and provide a recommendation to the appropriate city agency regarding said materials. C:\Documents and Settings~dobosiewicz\Local Settings\Temporary Internet Files\OLK80\Mining Policies2.doc .. ORDINANCE NO. Z- AN ORDINANCE TO AMEND THE CARMEL CLAY ZONING ORDINANCE TO ESTABLISH SPECIAL PROVISIONS GOVERNING THE REVIEW OF PROPOSALS FOR THE EXTRACTION OF MINERAL RESOURCES WHEREAS, mining and processing should give due regard to (1) the protection of the health, safety and general welfare of the people; (2) the natural beauty and aesthetic values, and enhancement of the environment of the City of Cannel and Clay Township; (3) conservation and reclamation oflands affected by such activities in order to restore them and provide for their further productive use and to aid in maintaining or improving the tax base; and (4) the prevention of erosion, stream pollution, water, air and land pollution and other injurious effects to persons, property, wildlife and natural resources; and WHEREAS, the Common Council of the City of Carmel finds that, to protect the public health, safety and welfare of the citizens of Cannel and Clay Township and to maintain an environmentally sound and stable mining and processing industry, it is reasonable and necessary to amend the Zoning Code, Ordinance No. 2-289, as amended, of the City of Cannel and Clay Township to establish new provisions under which proposals for the extraction of mineral resources (EMR) shall be reviewed; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq., it adopts this ordinance as an amendment to the text of the Zoning Ordinance as follows: A. Section 3.7 of the Zoning Ordinance (entitled DefInitions) is amended by adding additional definitions thereto to read as follows: "Air Blast" (also known as "air overpressure") means airborne waves resulting from the detonation of explosives, whether caused by burden movement or the release of expanding gas into the air, and whether or not audible. "Decibel" means a unit of sound commonly used to measure noise. "Extraction of Mineral Resources (EMR)" means the removal of Minerals from surface or underground extraction of deposits. The term includes dredging, drilling, blasting, and removal of Overburden. The term does not include the excavation, removal, and disposition of Minerals from construction projects or excavations in aid of agricultural activities. "EMR Operation" includes all EMR, Processing, and Sales Activities in a Mine, but does not include Related Industries. 'i Proposed Zoning Ordinance Amendment ME-1 DISTRICT - Dated 1/14/2003 "Haulageway" means all streets utilized for EMR purposes, together with that area of land over which Material is transported, which are located within the Mine. "Mine" means any lands from which EMR Operations will occur, including all Haulageways and all equipment above, on or below the surface of the ground used in connection with an EMR Operation. "Minerals" means any naturally formed, usually inorganic rocks, stone, gravel, sand, soil, clay, limestone, or Minerals located on or below the surface of the earth. "Operator" means any person engaged in and controlling an EMR Operation. "Overburden" means earth, vegetation, topsoil, subsoil, caprock or non- specification material on the surface of the earth which must be removed to provide access to Minerals. "Particle Velocity" means a measure of ground vibration which describes the velocity at which a particle of ground moves when excited by a seismic wave. "Processing" means washing, grinding, sorting, sifting, sizing, drying, sawing and cutting stone, splitting, gauging, and crushing of Minerals after extraction, transportation directly related to specific on-site EMR Operations, warehousing and storage directly related to specific on-site EMR Operations, and the operation and construction of plants, machinery, dams, ponds, canals, power lines, pipe lines, telephone lines, roads, and stockpile areas to carry out such activities. "Reclamation" means the conditioning of the land used for an Operation as provided in the Reclamation Plan. "Reclamation Plan" means a description of activities to be performed by an Operator to reclaim the land to be mined over the life of the Mine. "Related Industry" means any activity utilizing Minerals subsequent to EMR and Processing, or producing building or construction products serving similar customers as those for Minerals, including asphalt or redi-mix concrete plants, fabrication operations, recovery of Minerals from construction debris for purposes of recycling, and trucking and transportation operations for the delivery of completed products. "Sales" means the sale of products from an EMR Operation. 2 Proposed Zoning Ordinance Amendment ME-I DISTRICT - Dated 1/14/2003 "Sand and Gravel Extraction" means the extraction of sand and gravel deposits by Surface Mining through the use of an electronically powered floating dredge. "Spoil" means any waste material removed from its natural place in the process of an EMR Operation and all waste material directly connected with the cleaning and preparation of any Minerals. "Stone Mining" means the extraction of limestone deposits or related minerals by Surface or Subsurface Mining using Blasting. "Subsurface Mining" means the extraction of Minerals below the surface of the earth by means of underground mining. "Surface Mining" means the extraction of Minerals by accessing and removing the Minerals from the surface of the earth. The term includes Sand and Gravel Extraction, or Stone Mining by means of an open pit. B. Section 5.2 of the Zoning Ordinance (entitled Special Uses) is amended by deleting "Mineral extraction," from the list of special uses applicable in the S-l, S-2, R-1, R-2, R-3, and R-4residence districts. C. Section 5.2.2 (entitled Other Requirements) is amended by deleting "Mineral extraction," from the list of uses therein. D. Section 11.2 of the Zoning Ordinance (entitled Special Uses) is amended by deleting "Mineral extraction," from the list of special uses applicable in the R-5 residence district. E. Sections 13.2 of the Zoning Ordinance (entitled Special Uses) is amended by deleting "Mineral extraction," from the list of special uses applicable in the B-1, B-2, and B-3 business districts. F. Section 13.2.2 (entitled Other Requirements) is amended by deleting "Mineral extraction," from the list of uses therein. 3 Proposed Zoning Ordinance Amendment ME-I DISTRICT - Dated 1/14/2003 G. Section 15.2 of the Zoning Ordinance (entitled Special Uses) is amended by deleting "Mineral extraction," from the list of special uses applicable in the B-4, B-5, and B-8 business districts. H. Section 15.2.2 of the Zoning Ordinance (entitled Other Requirements) is amended by deleting "Mineral extraction," from the list of uses therein. I. Sections 20B.2 oftlle Zoning Ordinance (entitled Special Uses) is anlended by deleting "Mineral extraction operations, including sand, gravel, soil, aggregate and all related processing operations" from the list of special uses applicable in the M-l manufacturing district. J. Sections 20B.2.2 of the Zoning Ordinance (entitled Other Requirements) is amended by deleting "Mineral extraction operations including sand, gravel, soil, aggregate and all related processing operations" from the list of uses therein. K. Chapter 201, to be entitled ME-lIMINERAL EXTRACTION DISTRICT, is added to the Zoning Ordinance to create a new zoning classification for the City of Cannel and Clay Tov.'D.ship, reading as follows: CHAPTER 201: ME-l/MINERAL EXTRACTION DISTRICT 201.0 ME-l/Mineral Extraction District. 201.1 Permitted Uses. 201.2 Special Uses. 20I.3 Special Exceptions. 20I.4 Accessory Buildings and Uses. 20I.5 Area Requirements. 20I.6 Loading Berth Requirements. 20I. 7 Criteria for Approval. 201.8 Development Plan - Submittal Requirements. 20I.9 Reclamation - Minimum Performance Requirements. 4 Proposed Zoning Ordinance Amendment ME-1 DISTRlCT - Dated 1/14/2003 201.10 Landscaping fustallation and Maintenance. 20I.l1 Explosive Materials. 20I.12 Conflicting Laws. 201.13 Transitional Provisions. Chart A Maximum Allowed Noise Levels. 201.0 ME-1/Mineral Extraction District. 201.0.1 Purpose and futent. The purpose of the ME-I/Mineral Extraction District is to create and protect areas for extraction of mineral resources and related processing operations while mitigating the environmental and nuisance impaCts. This district is intended to ensure proper design, placement and grouping of these industries within the community so as not to create a nuisance to other surrounding land uses. Land to be placed in this district is intended to have major transportation facilities readily available. This district should be buffered as much as possible from undeveloped commercial and residential districts. No ME-I District should be created within three hundred feet (300') of an established or platted residential subdivision. Vehicular traffic serving the ME-I District should not be routed into or through a residential development. 201.1 Permitted Uses: Agricultural or other plant growing operations Artificial lake or pond EMR Operations Office space within the same building or building complex directly associated with on-site EJ\.1R Operations Excluded Uses: Bulk storage of petroleum products not used for on-site operations Disposal of radioactive materials Fertilizer manufacturing Related fudustries Stock yards Slaughtering Leather curing and Tanning 5 Proposed Zoning Ordinance Amendment ME-1 DISTRlCT - Dated 1/14/2003 Reclaiming processes involving materials and/or chemicals that are considered dangerous to the health, safety and welfare of the general public as determined by the State of Indiana, Board of Health or City of Carmel RefIning or manufacturing of petroleum products RefIning or manufacturing of wood preservatives, cement, lime and gypsum 201.2 Special Uses: (See Chapter 21 for additional regulations): Radio or television transmission antenna, if mounted on another structure 201.3 Special Exceptions. (See Chapter 21 for additional regulations): Wireless telecommunications service tower, monopole-type construction only 201.4 Accessory Buildings and Uses. (See Section 25.1) 201.5 Area Requirements. (See Chapter 26 for additional requirements.) 201.5.1 Minimum Area Requirements: fIfty (50) acres, for any EMR Operation. 201.5.2 Minimum Front Yard: one hundred fifty (150) feet, measured from any public right-of-way; three hundred (300) feet, measured from any other public place. 201.5.3 Minimum Side and Rear Yard: Use Minimum Setback from All Residential Uses or Districts (Feet) Minimum Setback from Other Industrial or Commercial Districts (Feet) Processing Operations Sand and Gravel Extraction Stone Mining 1,000 300 300 150 2,500 300 6 Proposed Zoning Ordinance Amendment ME-I DISTRICT - Dated 1/14/2003 201.6 Loading Berth Requirements. (See Chapter 27 for additional requirements.) 201.6.1 All storage facilities except office buildings: 1. 5,000;.. 20,000 square feet of gross floor area: one (1) berth (loading dock or ground level loading door). 2. 20,001 - 50,000 square feet of gross floor area: two (2) berths (loading docks or ground level loading doors). 3. Each additional 50,000 square feet: one (1) additional berth (loading docks or ground level loading doors). 201.6.2 Office buildings: 1. 100,000 or less square feet gross floor area: one (1) berth. 2. 100,001 - 300,000 square feet gross floor area: two (2) berths. 3. Each 200,000 additional square feet: one (1) additional berth. 20I.7 Criteria for Approval: 1. Zoning. The use of any land for the Extraction of Mineral Resources (EMR) shall be permitted only in the ME-I District where EMR is listed as a Permitted Use. In addition, all EMR Operations shall be subj ect to Development Plan approval by the Commission as provided in Section 2018. 2. Commitments by Owner. In the case of a rezone proposal which will also necessitate approval of a Development Plan (DP) for a new or expanded EMR Operation, the Council shall, before approving such rezone, require the applicant to make written Commitments respecting: (a) methods of operation; (b) hours of operation; (c) maximum structure height; (d) open space buffer yards; (e) dust control; (f) noise control; (g) blasting; (h) glare mitigation; (i) erosion control; G) surface and ground water pollution control; (k) Reclamation; and (1) ultimate land use. 7 Proposed Zoning Ordinance Amendment ME-1 DISTRICT - Dated 1/14/2003 The Council may also, before approving such rezone, pennit the applicant to make any other written Commitment concerning the use or development of the subject parcel which is reasonably related to the elements contained in the Comprehensive Plan. 3. Enforcement of Commitments. A Commitment made under Subparagraph (2) above shall be recorded pursuant to state statute and may be enforced by the Council, by the Director, or by any interested party as specified in the Commitment. If, after thirty (30) days notice from the Director, a person subject to a binding Commitment refuses to honor or abide by such COlmnitment, the DP approval shall be revoked by the Director. 201.8 Development Plan - Submittal Requirements: 1. Area Plan. In addition to the submittal requirements for any other DP, an application for approval of a DP for an EMR Operation must include an Area Plan that shows not only the locations of all structures on the subject parcel, but also the locations of all structures within a two (2) mile radius of the center of the proposed operation. The Area Plan must also indicate the proposed streets and Haulageways for shipping and receiving Materials and equipment, along with estimated daily, monthly, and yearly averages and maximum quantities of Materials to be transported to and from the operation. 2. Site Plan. In addition to the submittal requirements for any other DP, an application for approval of a DP for an EMR Operation must include a Site Plan or Plans that are drawn to a scale of one (1) inch equal to not more than one hundred (100) feet and that show: (a) the total area of the parcel owned or leased by the applicant; (b) the names of all abutting property owners; (c) all public and private rights-of-way and easements 011 or abutting the parcel with notation as to proposed continuation, creation, enlargement, relocation, or abandonment; (d) existing contours shown with intervals sufficient to show existing and proposed drainage, but not more than ten (10) feet; (e) all existing structures on the parcel and within two hundred (200) feet of the perimeter of the parcel; (f) the general layout of the proposed operation showing proposed limits of excavation and all proposed structures; (g) the location, dimension, and description of any proposed buffer yards, buffer strips, screening, and embankments; 8 Proposed Zoning Ordinance Amendment ME-I DISTRICT - Dated 1/14/2003 (h) all existing streets abutting the parcel, with width and type of pavement, existing and proposed right-of-way width, and existing and proposed drainage structures; (i) all existing drainage courses, with proposed relocations, channel changes, diversions, retention basins, sedimentation basins, and drainage structures; G) a schedule of development showing the estimated time frame for development and Reclamation of the parcel, including a description of the maximum active area for operations, ongoing Reclamation areas, and design of site work to minimize the active area and minimize the time that inactive areas remain unreclaimed; (k) all proposed streets and Haulageways with desc1i.ptions ofthe maximum load weight limits on each street proposed to be used for transportation of Materials; and (1) the proposed ultimate land use (such as, but not limited to, open space or an artificial lake or pond) after full Reclamation. 3. Proposed Commitments. The application must contain the applicant's proposed written Commitments as described in Section 201.7 above. 4. Dust Control. The application must include a list of equipment to be used for dust abatement, along with a written summary of the applicant's fugitive dust requirements pursuant to current rules and regulations of the Indiana Department of Environmental Management and the United States Environmental Protection Agency. 5. Noise Control. The application must include a list of equipment to be used that may impact noise pollution, along with projections of average and maxinmm decibel levels at the perimeter of the parcel and at any adjacent residential structures and mitigation measures such as enclosures and berms. 6. Glare Mitigation. The application must include a summary ofthe applicant's proposed compliance with the glare standard set forth in this subparagraph, including a list of any fixtures or equipment to be used to mitigate light pollution. No direct or reflected glare in excess of 0.1 foot-candles of light (lights, fire, etc.) shall be pennitted which is visible from any property adjacent or from any street. 7. Blasting. The application must include a description ofllie proiected average size of blasts, blasting frequency, the proiected average 9 Proposed Zoning Ordinance Amendment ME-I DISTRICT - Dated 1/14/2003 and maximum levels of peak Particle Velocity measurements from blasting, and the proiected average and maximum Air Blast measurements from blasting. The applicant must also include a proposed number and location of monitoring stations. 8. Erosion Control. The application must include a description of surface soil quantities and proposed stockpiling of such for subsequent Reclamation. No erosion, by either wind or water, shall be permitted which will carry substances onto neighboring properties. All requirements of the Indiana State Board of Health, the Indiana Department of Natural Resources and Hamilton County Soil and Water Conservation District shall be followed. 9. Surface and Ground Water Pollution Control. The application must include a summary of the applicant's proposed compliance with all water pollution monitoring and waste handling requirements (such as, but not limited to the Indiana Department of Environmental Management and the United States Environmental Protection Agency National Pollutant Discharge Elimination System (NPDES) permit), the details of any expected use or disturbance of any lakes, ponds, streams, rivers, or creeks, or the creation of any dikes, impoundments, settling ponds, or other methods for water retention for the purpose of operation, water supply, Reclamation, treatment, ultimate land use, or otherwise (such as, but not limited to any activity that requires application and approval from the United States Army Corps of Engineers), and the details of any proposed use of underground storage tanks. 10. Reclamation Plan. The application must include a written description of a Reclamation Plan that promotes the protection of persons and their property, land, water and other natural resources, and aesthetic values. At minimum, the Reclamation Plan must contain: (a) a detailed site description and overview of the operations; (b) general Reclamation methods, including but not limited to backfilling, grading, top soil redistribution, liming, fertilization, other soil preparation, seeding, planting, mulching, and revegetation of all land that is disturbed by the operation; (c) a description of the division of the parcel into sections (if any) and the design for phasing (if any) and the Reclamation Plan for each section through each phase, along with all pertinent details such as erosion controls and preparation for the Ultimate Land Use Plan as described below; and (d) an Ultimate Land Use Plan that describes and provides for the use ofthe parcel after fmal Reclamation, which Plan must be prepared by a licensed, professional engineer and 10 Proposed Zoning Ordinance Amendment ME-l DISTRICT - Dated 1/14/2003 include a detailed design of the final reclaimed topography, drainage, and solid content of the parcel; the time frame of the proposed final closure plans; a detailed description of the any additional work (such as but not limited to the construction of structures and earthwork that may be needed to accomplish the ultimate land use); and detailed cost estimates of the work needed to finalize Reclamation and complete the site for the ultimate land use, which estimates must be based on the costs to the applicant of hiring a third party to complete final Reclamation and site preparation. 201.9 Reclamation - Minimum Performance Standards: 1. Topsoil Removal and Replacement. Water-retarding siltation control structures, diversion ditches shall be utilized to control run-off and located as close as possible to the grading activities. All areas disturbed by EMR Operations, unless submerged, shall be covered with an amount and type of soil material sufficient to support the growth of the proposed vegetation cover. Such soil cover shall be deposited and uniformly spread over the reclaimed and graded areas. 2. Timing. Reclamation activities shall be phased with respect to each EMR Operation and shall be initiated within one (1) year on those portions of the mined lands that will not be subject to further disturbance. Interim Reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may occur on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill. Reclamation shall begin on any Mine declared to be permanently inactive within one year of cessation of Mining. Final grading and contouring of mined areas shall be completed according to the Reclamation Plan. Operations will be considered as temporarily closed for a period not to exceed two (2) years. lfthe closure extends beyond two (2) years, Reclamation shall be accomplished in accordance with applicable portions of the Reclamation Plan. Prior to temporary cessation of Mining, drainage and sedimentation controls shall be established and functional. During any temporary cessation, routine inspections to maintain the site to ensure public safety and environmental protection shall be carried out; provided, however, that temporary closure of operations due to adverse weather conditions is expected and will be considered routine winter shut down and not a temporary cessation of an operation. 3. Slopes. All spoil materials shall be placed, graded, and stabilized to minimize soil erosion, surface disturbance and water contamination. Ridges, peaks and slopes created by excavation, overburden removal, or 11 Proposed Zoning Ordinance Amendment ME-I DISTRICT - Dated 1/14/2003 spoil placement shall be graded to a slope that provides for stability, prevents erosion, and supports vegetation. A final stable slope of unconsolidated material shall be less than a ratio of 3 feet horizontal to one- foot vertical (3: 1).. Final reclaimed slopes steeper than 3: 1 may be permitted if these slopes are stabilized by proven engineering practices. 4. Revegetation. An Operator shall establish on regraded areas, and all other lands affected by its operation, a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area ofland to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except, that introduced species may be used in the revegetation process where desirable and necessary to achieve the approved Ultimate Land Use Plan. A vegetative cover shall be established on all affected lands consistent with the approved landscaping and Reclamation Plan. Regraded Reclamation areas and slopes shall be prepared and seeded at the beginning of the next growing season following completion offmal grading. A minimum of sixty-five percent (65%) ground cover shall be established by the end of the first growing season. Coverage of eight-five percent (85%) shall be established by the end of the second growing season. The Operator shall reseed not later than the end of the second growing season if the Reclamation effort or the required growth has not been sustained. The seeding mixes shall conform to the Reclamation Plan. 5. Water Impoundment. Areas mined beneath the water table that are indicated as permanent impoundments on the Reclamation Plan will not require Reclamation. Slopes will be reclaimed to the static water level of permanent impoundments. 6. Removal of Equipment, Etc. Within two (2) years after the completion of Reclamation of an area, the Operator will remove and dispose of all buildings, processing plants, equipment, parts, machine, tools, and structures in that area not compatible with the Reclamation Plan. 7. Berms. An Operator shall install benns around any portion of its operation which borders another land use or a street. BemlS shall be constructed from overburden produced from on-site Mining. The Operator shall ensure that all berms are seeded and landscaped to protect against erosion. 8. Landscaping. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall have at least a two and one-half-inch caliper and eight foot height at the time of planting unless otherwise specified herein or otherwise indicated on the Reclamation Plan. Evergreen trees shall be a minimum of three to four feet high at the time of planting. Shrubs shall be two feet in height at the time of planting. All trees, shrubs, and ground covers shall be planted according to accepted 12 Proposed Zoning Ordinance Amendment ME-I DISTRICT - Dated 1/14/2003 horticultural standards. Landscaping materials shall be appropriate to local growing and climatic condition. Plant material shall be nursery grown stock conforming to ANSI Z60.l(Arnerican Standard for Nursery Stock). 201.10 Landscapin?: Installation and Maintenance: 1. Installation. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy by the Department Administrator. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost ofthe required landscaping prior to the issuance of the Final Certificate of Occupancy. 2. Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping in accordance with the standards set by this Ordinance. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris. 201.11 Explosive Materials. No EMR Operation may store or utilize materials or products which decompose by detonation unless such activity is specifically licensed by the State of Indiana, City of Carmel, Clay Township, or Hamilton County. Such activity shall be conducted in accordance with the rules promulgated by the Indiana Fire Prevention and Building Safety Commission. Said materials shall include, but are not limited to, all primary explosives such as lead ozide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, telrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than thirty-five percent (35%); and, nuclear fuels and fissionable materials and products including reactor elements such as Uranium 235 and Plutonium 239. 20I.12 Conflicting Laws. Whenever any provision of this Chapter 201 imposes a greater requirement or a higher standard than is required in any Federal, State, or County statute, ordinance, or regulation or other City ordinance or regulation, the provision of this Chapter 201 shall govern. Whenever any provision of any Federal, State, or County statute, ordinance, or regulation or other City ordinance or regulation 13 '. Proposed Zoning Ordinance Amendment ME-l DISTRICT - Dated 1/14/2003 imposes a greater requirement or a higher standard than is required by this Chapter 201, the provision of such Federal, State, or County statute, ordinance, or regulation or other City ordinance or regulation shall govern. Specifically, this Chapter 201 does not supersede any other statute, ordinance, or regulation that may require an Operator to apply for and obtain a permit from a Federal, State, County, or City agency. 201.13 Transitional Provisions. This Section applies to any application for a special use to authorize mineral extraction (including a borrow pit or top soil removal and storage) which is pending before the Board on the effective date ofthis amendatory ordinance. The applicant or any interested party may request that the Board treat such a special use application as ifit were a proposal to rezone the subject parcel to the ME-l Mineral Extraction District filed pursuant to Section 20L 7 above. If the Board grants such a request, the application shall then be transferred to the Commission and heard as a proposal to change the zone maps pursuant to Section 31.6.3 of the Zoning Ordinance and the rules of the Commission. All persons deemed by IC 36-7-4-604 or the rules of the Commission to be interested parties must receive notice of the transfer. Upon receiving a transfer under this Section, the Commission shall require the Director to give such notice to interested parties and to the public, not less then twenty-five (25) days prior to the date ofthe public hearing to be held pursuant to Section 31.6.3. This Section 20L13 expires one year from the effective date of this amendatory ordinance. 14 Proposed Zoning Ordinance Amendment ME-I DISTRICT - Dated 1/14/2003 . CHART A MAXIMUM ALLOWED NOISE LEVELS OCTA VB-BAND PIANO MAXIMUM SPL ATA GIVEN CENTER NOTES (DECIBELS) BOUNDARY ENVIRONMENTAL FREQUENCY RANGE DISTANCE (HERTZ) 31.5 (Bo - Ct) 80 Light trucks in city Offices with tabulating 20' machines 63 (B1 - Cz) 79 Light trucks in city Offices with tabulating 20' machines 125 (Bz - C3) 75 Conversational Average Traffic 100' Speech 3' 250 (B3 - C4) 69 Conversational Average Traffic 100' Speech 3' Accounting Offices 500 (B4 - Cs) 63 15,000 KV A 115 KV Transformer at 200' 1000 (Bs - C6) 57 15,000 KVA 115 KV Transformer at 200' 2000 (B6 - C7) 52 Private Business Offices, Light Traffic Average Residence 4000 (B7 - Cg) 48 Private Business Offices, Light Traffic 8000 ( - ) 45 L. Effectiveness. This Ordinance shall take effect in the manner described in Ie 36-7-4- 607. 15