As adopted by the Newton Township Board of Trustees as Resolution 17.04.01 on April, 08, 2017.
13.14 Natural Resources: Mining/Excavating
It is declared to be the policy of Newton Township to provide for the reclamation of lands disturbed by mining in order to encourage productive use thereof, and for the conservation, development, management and appropriate use of all the natural resources of such areas for compatible multiple purposes; and protecting the health, safety and general welfare of the people, as well as the natural beauty and aesthetic values, in the affected areas of the township.
B. Operations / Site Management
1) Topsoil Removal: Mining. Any excavations for the removal of topsoil or other earth products must be adequately drained to prevent the formation of pools of water. Such excavations shall be graded to avoid the creation of open pits, holes, or depressions which are below the elevation of adjacent roadways.
2) Open Excavations. Unless specifically permitted by the Board of Zoning Appeals, open excavations shall not be permitted, except those excavations made for the erection of a building or structure for which a permit has been issued.
3) Permit Required. Excavations may be carried out only by permit to be issued only when such excavations are shown not to be detrimental to the neighborhood. Excavations may not be permitted to remain as a scar to the land, but must be contoured and seeded to restore the original contour with surrounding land or its original condition. Any person, firm or corporation desiring to commence the mining and processing of topsoil, earth, clay, gravel, sand stone or other minerals shall make written application for such license to the Zoning Inspector.
The mining operations shall be conducted in compliance with the laws of the State and Federal government, especially as related to OSHA safety standards, along with local ordinances and resolutions, and in compliance with and furtherance of the approved reclamation plan for the affected land and obtain the written approval of the Trumbull County Board of Health and the Trumbull County Soil and Water District for the establishment of the proposed site.
Grade, contour or terrace final slopes, wherever needed, sufficient to achieve soil stability and control landslides, erosion and sedimentation. A fence eight (8) feet in height shall enclose the operation where there is a safety hazard. All facilities and equipment such as trucks, pumps, tanks, etc., shall be enclosed or fenced off where their operation creates a potential safety hazard. Hours of business/operation of the site shall be between 7:00 a.m. and 6:00 p.m. Monday through Friday.
Weeds and other unsightly or noxious vegetation shall be cut or trimmed as often as necessary to present a reasonably neat appearance and to prevent seeding on adjoining property. The Zoning Inspector shall make such determination or upon complaint from citizens.
Plans shall be submitted indicating the proposed stages of operation and the future uses or rehabilitation to be carried out on the site. A bond or bonds may be required to be posted guaranteeing that the above plans will be carried out. Routes for truck movement shall be established and followed such a way that traffic and other hazards and damage to other properties shall be minimized. Movement of any vehicles shall not exceed the legal weight limits set forth by state and local engineer on any and all township roads without prior written approval by the Trumbull County Engineers Office. All areas shall be rehabilitated progressively as they are worked out and left in a condition entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural. All slopes and banks shall be reasonably graded and treated to prevent erosion or any other potential deterioration.
4) License/Permit: Renewal. Each license /permit issued may be renewable provided the requirements of operation and reclamation, as set forth under the operators permit and application, are met and maintained throughout the project and with satisfactory inspection record. An examination of the premises shall be made by the Zoning Inspector without notice during the term of operation.
5) Exceptions. Any mining operation legally commenced prior to the adoption of this section shall be exempt from the requirements hereof, except that said operations shall not be exempt from the requirements pertaining to mining operation license requirements, the hours of operation, the operation of motor vehicles and safety regulations.
C. Road Ways
1) All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, individual, or to the community in general; a bond may be required to insure that this provision will be met. The correction of any damages to any road surfaces occurring as the direct or indirect result of the movement of heavy equipment or heavy trucks any way associated with the mining shall be the responsibility of the permit holder.
2) The applicant shall further post a cash bond through the Trumbull County Engineers of not less than fifty thousand dollars ($50,000) with the township to cover the costs of repair of all affected roads and/or public improvements which may be damaged as a result of the transportation of equipment by the applicant.
3) While mining, all mud carried onto public roadways by trucks, equipment, etc., shall be cleared by the miner from the public roadways as many times as necessary every day to keep the road clean and safe at all times and must mitigate the deposit of dirt and gravel from trucks onto the public roadway, by means of a street sweeper or such.
4) The E.P.A. rules shall be followed relative to air quality control and disposal of waste water. Plan for the continued restoration and maintenance to include the daily clean up of any roads leading to and from the site.
5) Failure to comply with any provisions of this section shall be grounds to refuse to issue a permit to mine or shall be grounds to revoke a permit already issued.
During mining and reclamation, insure that contamination, resulting from mining of underground water supplied is prevented. Maximum depth of excavation shall not be below existing ground water in the area, for protecting the health, safety and general welfare of the people. Upon completion of reclamation, insure that any lake or pond located within the site boundaries are free of substances resulting from mining in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic life. The permittee shall establish contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to reestablish property potability on any polluted or contaminated well or wells. The permit holder shall be responsible for the obligation to provide potable water, without cost to the residents receiving the same, provided liability is established by the Ohio Department of Natural Resources. During mining and reclamation, control drainage so as to prevent the causing of flooding, landslides and flood hazards to adjoining lands resulting from the mining operation. Leave any ponds in such condition as to avoid their constituting a hazard to adjoining lands.
A map shall
1) Be prepared and certified by a registered professional engineer and registered surveyor in the State of Ohio;
2) Identify the area of land to be affected corresponding to the application, with minimum setback to be established by the conditional permit;
3) Show the probable limits of subjacent and adjacent deep, strip, or surface mining operations, whether active or inactive. Show the office facilities, certified scale, sanitary facilities and health and safety devices pertinent to the operation;
4) Show the boundaries of the area of land to be affected during the period of the permits and the area of land estimated to be affected during the operation, existing topographical features of the area and name the surface and mineral owners of record of the area, and the owners of record of adjoining surface properties;
5) Show the names and locations of all streams, creeks and other bodies of water, roads, railroads, utility lines, buildings, cemeteries and oil and gas wells, on the area of land to be affected and within five hundred feet of the perimeter of the area;
6) Show the counties, municipal corporations, townships and sections in which the area of land to be affected is located.
7) Show the drainage plan on, above, below and away from the area of land to be affected, indicating the directional flow of water, constructed drain ways, natural waterways used for drainage, and the streams or tributaries.
8) A detailed reclamation and landscape plan and map also included.
13.15 Garage sales
1) All sales to include patio, porch, basement, yard, lawn, garage and block sales.
B. Hours of Operation
1) No sale shall start before 8 a.m.
2) All sales shall end by 8 p.m.
C. Length of Sales
1) No more than 2 sales per calendar year per residence.
2) No more than 4 consecutive days.
1) No signs shall be placed within the right-of-way or on utility poles.
2) No sign shall be displayed more than 48 hours prior to the day of the sale.
3) All signs must be removed at the end of the last day.
13.16 DATE EFFECTIVE
The regulations prescribed by this resolution will become effective on or after the earliest day allowed by law. This Zoning Resolution and amendments effective December 1, 1954, and revised December 6, 1966, November 21, 1974, July 24, 1979, December 3, 2002, April 2007, 2011, and May 08, 2017.