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HomeMy WebLinkAboutCLE201000104 Legacy Document 2010-06-25Zoning Compliance Analysis, Section 30.4 - Natural Resource Overlay District 30.4.02.1 - BY RIGHT Within any NR district, uses may be permitted by right as for and subject to the district regulations of the underlying zoning district. In addition, there shall be permitted by right within any NR district the following uses: 1. Except as otherwise provided in sections 10.2.1.18, 10.2.2.40 or Our intent is to operate a stone 30.4.2.2, removal of soil, sand, gravel, stone or other minerals by quarry. Excavation, stripping, excavating, stripping, quarrying or other mining operation. processing, and other related (Amended 7 -6 -83) activities shall occur within the NR property as shown on the Site Map. 2. Accessory uses to a use permitted by right such as blasting, Accessory uses listed to the left washing, grading, sorting, shall take place in order to properly operate the quarry 30.4.02.2 BY SPECIAL USE PERMIT Not Applicable because we are not requesting a Special Use 30.4.03 PERMIT REQUIRED Please consider the letter Prior to commencing any natural resource extraction activity within accompanying this document as any NR district, the operator of such activity shall obtain a permit the formal request for a permit therefor from the zoning administrator. Such permit shall be issued from the zoning administrator. upon filing with the zoning administrator of a plan of the proposed Please see the attached natural resource extractive activity, including all data sufficient to documents for questions ensure compliance with the provisions of this section. The regarding the compliance with applicant may comply herewith by the filing of a copy of any plan the Zoning Ordinance. Feel free of such proposed operation approved by the Virginia Department of to contact David Willis of Conservation and Economic Development filed pursuant to Title Rockydale Quarries Corporation 45.1 of the Code, together with such additional data as the zoning at (540)330 -4861. administrator may require to ensure compliance with this section. In addition, the applicant shall provide evidence satisfactory to the zoning administrator that he has complied with the provisions of Title 45.1 of the Code. Every such permit issued by the zoning administrator shall be subject to annual review and shall be revoked in the event that any permit issued for any such operation shall expire or otherwise terminate in accordance with the requirements of Title 45.1 of the Code or the regulations of the Virginia Department of Conservation and Economic Development. (Amended 4- 28 -82) 30.4.04 MINIMUM AREA REQUIREMENT— The NR overlay district for this ESTABLISHMENT OF DISTRICT property is roughly 110.44 acres The minimum area for the establishment of any NR overlay district and exceeds the minimum shall be twenty (20) acres. requirements. 30.4.05 MAXIMUM PERCENTAGE LOT COVERAGE The total NR property, parcels All operations associated with the extraction of natural resources as TM 45 -58, 45-60,45-61 is well as the provision of parking areas and access roads and 110.44 acres. The current area driveways shall not occupy more than eighty (80) percent of associated with the extraction of the total site. natural resources, per our active mining permit with the DMME, is 22.41 acres, or 20.3% of the site. The operation shall not exceed 80% of the site. 30.4.06 YARD AND BUILDING LOCATIONS We plan to erect permanent Minimum yard dimensions and building location requirements shall structures associated with the be as specified in the underlying zoning district regulations except NR extraction use. Such as a that no natural resource extraction operation, including associated maintenance shop, scale house, uses, and structures containing any such use shall be located less office, and structures associated than one hundred (100) feet from any public road right -of -way or with aggregate processing. adjoining property within any residential district; except that no There is a 100' buffer indicated such operation, uses or structure shall be located within two on the operational plan along the hundred (200) feet of any contiguous property subdivided into perimeter of the NR property. residential lots of one (1) acre or less not under the ownership or The current active mining area is control of the applicant nor within two hundred (200) feet of any over 200' away from all occupied dwelling. residential lots less than 1 acre. 30.4.07 FENCING Please see the attached site map Any natural resource extraction operation shall be subject to such for location of fencing fencing requirements as may be deemed necessary by the zoning administrator for the protection of the public safety. In particular, fencing shall be provided in the cases hereinafter described by a substantial fence erected at least sixty (60) feet outside the limits thereof, such fence being at least five (5) feet in height and so designed as effectively to control access thereto from locations ordinarily open to the general public, including, but not limited to, locked gates at all access points. 30.4.7.1 The top of all open excavations having a depth often (10) Please see attached map feet or more, which will create a slope of forty -five (45) degrees or more from the horizontal and which shall remain for a period of more than twenty -four (24) hours; 30.4.7.2 Any collection of water of five (5) feet or more in depth Please see attached map and occupying an area of two hundred (200) square feet or more, which shall remain for at least one (1) consecutive month. 30.4.08 LATERAL SUPPORT The quarry shall be operated All operations shall be conducted in a safe manner with respect to safely under the DMME and the likelihood of hazard to persons, physical damage to adjacent MSHA regulations land or improvements and damage to any public road by reason of slides, sinking or collapse. 30.4.09 ROADSIDE LANDSCAPING, SCREENING There is a 50' buffer berm along Existing trees and ground cover along public road frontage shall be the property fronting Route 643 preserved, maintained and supplemented by selective cutting, to screen the operations. This transplanting and addition of new trees, shrubs and other berm was created during earlier ground cover for the depth of any roadside setback. The type, operations of the quarry and will design and spacing of such plantings shall be approved by the be extended along Route 643. zoning administrator and shall be so designed as to lessen the visual Natural vegetation is already impact of the activity from any adjacent public road, and to densely established on this berm. minimize the noise and dust resulting from such operation. In any case in which roadside planting is not practical, the zoning administrator may permit the substitution of other screening devices such as fences, berms, walls and the like which are adequate to accomplish the same purpose. 30.4.10 HOURS OF OPERATION We will follow the operational Operations involving power equipment of an industrial type shall limits established in this section. be limited to the hours of 7:00 a.m. to midnight except in cases of a public emergency as determined by the director of emergency services for the county. Blasting operations shall be restricted to Monday through Friday between 8:00 a.m. and 5:00 p.m. 30.4.11 PUBLIC IMPROVEMENTS, INTERNAL ROADS 30.4.11.1 Operations as proposed shall not generate unusual traffic There shall be no unusual traffic hazards or the need for improvements to public streets or other hazards and the existing public facilities at public expense. infrastructure is adequate to handle any traffic generated by quarry operations. 30.4.11.2 All internal access roads shall be surfaced with Please see the attached site map. bituminous or other dust free surface for a distance of three hundred (300) feet from any public road. 30.4.12 TRANSPORTATION OF EXCAVATED MATERIALS Vehicles used to transport All vehicles used to transport excavated materials shall be loaded excavated materials will pass in such manner that the material cannot be unintentionally through a wash station equipped discharged from the vehicle. All such vehicles shall be cleaned of with spray bars that will spray all material not in the load -bed prior to entering onto any public the top, sides, front, and rear of road. the vehicle with high pressure water to remove all material not in the load -bed. They will also pass through a wheel wash that will remove loose material from the tires. 30.4.13 COLLECTIONS OF WATER Stagnant pools will be either Creation of undrained pockets and stagnant pools of water shall be sprayed or removed during the avoided to the maximum extent reasonably practicable, and all such regular maintenance of the site. undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the Virginia Department of Health to eliminate breeding places for mosquitoes and other insects. 30.4.14 PERFORMANCE STANDARDS In addition to any other provision of law, the following performance standards shall apply to any use permitted hereby: 1. No blasting shall be permitted except in conjunction with a Since this is a stone quarry permit for a stone quarrying operation; operation, blasting shall only be performed in conjunction with stone quarrying. 2. Ground vibration from surface blasting shall not exceed the Blasting will conform with limits set forth in 4 VAC 25 -40 -880, as measured in the manner set applicable state and federal forth therein (Amended 6- 14 -00); standards. 3. Airblast resulting from surface blasting shall not exceed 129 Blasting will conform with decibels at any occupied structure not on the subject property. applicable state and federal (Amended 6- 14 -00) standards. 30.4.15 OFF - STREET PARKING Ample parking will be provided Off - street parking areas adequate for all employees' vehicles and in the "Contractor's Yard" area as used in any extractive operation shall be provided. shown in the map.