(1) The mining, quarry, sand, and gravel excavation zone (MG-EX) is a zoning district which allows and protects the mining, quarry, sand and gravel excavation industry while protecting the environment. The zone is to assure that the operations of such sites do not impact adjoining uses, and are not encroached upon by surrounding non-compatible land uses.

Minimum Lot Size: .......................................................20,000 sq. ft. Minimum Width at Front and Rear Setback ........80 feet

Minimum Yard Setback Requirements:

Front Yard and Corner Side Yard ............................35 feet Interior Side Yard .........................................................20 feet Rear Yard ........................................................................35 feet Buffer Yards required in accordance with Chapter 9, Landscaping, on any lot abutting a lot in a residential district.

Maximum Building Height .......................................80 feet. Except chimneys and smokestacks shall be permitted up to 120 feet in height.

(2) This chapter regulates the location, operations and reclamation of mining, quarries, and gravel pits to provide safe conditions and protection of the environment in Grantsville City.

Adopted 09/10 by Ordinance 2010-22, 10/12 by Ordinance 2012-17

(1) The conditional use permit required by this section shall be obtained prior to the commencement of use of any sand or gravel pit, mine or quarry within Grantsville City.

All mining, quarry, sand, and gravel excavation operations shall fit into one of the two following categories:

(1) Permanent commercial operations are those that supply materials to the public on a continual basis. A permanent commercial operation may be approved by the zoning administrator with the minimum requirements. If it is determined by the zoning administrator that the minimum requirements do not adequately mitigate potential or actual impacts to surrounding properties, it shall then be submitted to the planning commission. All commercial pit operations shall work under an approved five year operation plan. Upon expiration of the previous plan, a new five year plan shall be submitted, otherwise closure and reclamation operations shall begin within six months. The conditional use permit shall remain in effect until such time that full reclamation has been made on the site. (2) Temporary project specific operations supply material for specific projects, the termination of which shall also terminate the conditional use permit and the use of the pit. A temporary project may be approved by the zoning administrator with the minimum requirements. If it is determined by the zoning administrator that the minimum requirements do not adequately mitigate potential or actual impacts to surrounding properties, it shall then be submitted to the planning commission. A temporary project shall be allowed to operate for a period up to six months and may be extended in six month intervals for a period not to exceed two years. It is the responsibility of the land owner or operator to make application for an extension before the expiration of the current permit. Once the project is completed, the owner or operator shall begin closure and reclamation operations within six months.

(1) All applications for conditional use permits shall be accompanied by the following materials:

(a) application form;

(b) evidence of ownership or control over the land and a legal description of the property where the pit will be located;

(c ) Evidence of capability to complete the project, which includes:

(i) A statement of the applicants ability to post performance bonds or other financial assurance;

(ii) Cost estimates for reclamation costs to include removal of roads, buildings, overburden, etc.;

(iii) Liability insurance coverage;

(d) a site plan showing:

(i) all prominent man made and geologic features within the surrounding areas that will be affected by the operation;

(ii) dimensions;

(iii) locations, clearances, and rights-of-ways, easements, utility lines; and

(iv) Property lines and names of adjoining property owners;

(v) Ingress and egress;

(vi) General geologic and top soils data from a qualified source;

(vii) A contour map in intervals of vie feet showing existing water courses, drainage and calculations.

(e) a reclamation plan addressing:

(i) types of existing dominant vegetation;

(ii) segregation and stockpiling of materials capable of supporting vegetation as determined by soils analysis or practical re-vegetation experience;

(iii) figures outlining depths of and volumes of topsoil to be stockpiled, measures to protect topsoil from wind and water erosion, and pollutants;

(iv) method of depths, volumes, removal and storage of other overburden, plus a description of the procedures to be used in overburden replacement and stabilization and high wall elimination, including:

(1) Slope factors; (2) Lift heights; (3) Terracing; and (4) Any testing procedures employed.

(v) methods of processing and disposing of waste and reject material, including toxicity analysis explaining in detail means for containment and long range stability;

(vi) existing site and post-contour cross sections typical of regrading designs;

(vii) redistribution of topsoil and subsoil on the regraded area, indicating final depth of soil cover;

(viii) re-seeding, types or species to be used, the rate of application. Reseeding shall be based upon recommendations from the Soil Conservation District;

(ix) a description of the reclamation which shall include reasoning for the leaving of roads, pads or other similar structures and features; and

(f) an operations plan that outlines:

(i) proposed hours of operation;

(ii) traffic safety measures proposed on existing roads and streets adjoining the site;

(iii) the location, arrangement and dimensions of loading and processing facilities;

(iv) a open and closure plan stating the phasing, acreage and duration of the operation involved, with the maps and narratives that describe the expected sequence of disturbed areas, processing and material treatment;

(v) the extent of the land previously disturbed as well as the proposed extent of land disturbance;

(vi) areas of overburden and/or topsoil removal and storage areas, also the location of disposal and stockpile areas for reject materials, waste, and useable materials;

(vii) appropriation and use of necessary water rights;

(viii) onsite control of surface and storm water drainage;

(ix) evidence that all required federal and state requirements for environmental health, occupational safety, and reclamation are completed and approved as required by each of the following entities:

(A) Tooele County Health Department; (B) OSHA, State of Utah OGM, and MSHA (C) Soil Conservation District (D) UDOT (E) the State archeologist and paleontologist.

(x) a statement identifying mitigation of hazards to the public safety and welfare, including test hole closures, fencing, slopes, disposal of trash, scrap metal, wood, extraneous debris, waste oil, solvents, fuels, chemicals, explosives and sewage;

(xi) UDOT permit if accessing a state highway;

(xii) methods of fugitive dust suppression for processing and site operations.

(2) Applications for conditional use permits shall have a design review by Grantsville City staff completed before being placed on the Planning Commission agenda. Staff shall schedule a meeting with the applicant, roads, and planning department. Staff may make a site visit with the applicant as part of the review process.

All operations shall comply with the following requirements:

(1) warning signs, fences, trees, and berms shall be placed on the perimeter of the property to protect the public and act as barriers to access, fugitive dust, noise, glare, and/or view shall be indicated;

(2) no adverse drainage which would create soil instability or erosion shall be permitted. All drainage shall be contained on site;

(3) maximum slopes shall be in accordance with MSHA;

(4) the applicant shall post a reclamation guarantee for the area of disturbance giving financial assurance in a form approved by the Grantsville City Attorney and City Council, guaranteeing the satisfactory reclamation of all disturbed areas. The amount of reclamation shall not be less than $1,000.00 per acre, with a $10,000.00 minimum and shall be adjusted upon the renewal of the operations plan to meet projected costs of reclamation based upon time, material and equipment needed to clean-up and remove structures, backfill, slopes (to include mine dumps) shall be graded to no greater than a 3:1 finished slope or in relation to the contour of adjacent undisturbed land. The release of the financial assurance and obligations for reclamation shall not be made until Grantsville City staff consults with the Soil Conservation District, the Grantsville City Attorney and approves the release in writing.

(5) All facilities and activities shall comply with applicable land use, health, building, plumbing, mechanical, and electrical codes.

(6) All fuel tanks and flammable materials shall be located above ground, in such locations, with containment, and under such conditions as to conform to the requirements of the national fire codes;

(7) All crossing of state, county and city roads shall be done in such a manner as to hold Grantsville City harmless from any and all legal proceedings as a result of the applicant’s use of such roads. The applicant shall make provisions to place suitable road signs, restraints and flagging personnel at work-sites and road crossings as approved by the MUTCD and the Grantsville City Public Works Director.

(8) All damage to state, county and city roads shall be repaired at the applicant’s expense under the direction of the Public Works Director.

(9) The applicant shall maintain on file, proof of liability insurance for the operation in the office of the City Recorder.

(10) Grantsville City reserves the right to limit and restrict the time activities of the operation should the planning commission deem those activities a public nuisance;

(11) Access roads shall include acceleration, deceleration and left turn lanes as approved prior to operation;

(12) All activities shall be maintained and operated in such a way as to minimize fumes, dust, and smoke emissions;

(13) Sufficient restroom facilities shall be provided at each location for employee use; and

(14) The applicant shall not begin operations until such time that they enter into a mitigation agreement with Grantsville City addressing the upgrade, construction and maintenance of infrastructure.

(1) The conditional use permit required by this section shall be obtained prior to the commencement of use of any sand or gravel pit, mine or quarry within Grantsville City.

All mining, quarry, sand, and gravel excavation operations shall fit into one of the two following categories:

(1) Permanent commercial operations are those that supply materials to the public on a continual basis. A permanent commercial operation may be approved by the zoning administrator with the minimum requirements. If it is determined by the zoning administrator that the minimum requirements do not adequately mitigate potential or actual impacts to surrounding properties, it shall then be submitted to the planning commission. All commercial pit operations shall work under an approved five year operation plan. Upon expiration of the previous plan, a new five year plan shall be submitted, otherwise closure and reclamation operations shall begin within six months. The conditional use permit shall remain in effect until such time that full reclamation has been made on the site. (2) Temporary project specific operations supply material for specific projects, the termination of which shall also terminate the conditional use permit and the use of the pit. A temporary project may be approved by the zoning administrator with the minimum requirements. If it is determined by the zoning administrator that the minimum requirements do not adequately mitigate potential or actual impacts to surrounding properties, it shall then be submitted to the planning commission. A temporary project shall be allowed to operate for a period up to six months and may be extended in six month intervals for a period not to exceed two years. It is the responsibility of the land owner or operator to make application for an extension before the expiration of the current permit. Once the project is completed, the owner or operator shall begin closure and reclamation operations within six months.

(1) All applications for conditional use permits shall be accompanied by the following materials:

(a) application form;

(b) evidence of ownership or control over the land and a legal description of the property where the pit will be located;

(c ) Evidence of capability to complete the project, which includes:

(i) A statement of the applicants ability to post performance bonds or other financial assurance;

(ii) Cost estimates for reclamation costs to include removal of roads, buildings, overburden, etc.;

(iii) Liability insurance coverage;

(d) a site plan showing:

(i) all prominent man made and geologic features within the surrounding areas that will be affected by the operation;

(ii) dimensions;

(iii) locations, clearances, and rights-of-ways, easements, utility lines; and

(iv) Property lines and names of adjoining property owners;

(v) Ingress and egress;

(vi) General geologic and top soils data from a qualified source;

(vii) A contour map in intervals of vie feet showing existing water courses, drainage and calculations.

(e) a reclamation plan addressing:

(i) types of existing dominant vegetation;

(ii) segregation and stockpiling of materials capable of supporting vegetation as determined by soils analysis or practical re-vegetation experience;

(iii) figures outlining depths of and volumes of topsoil to be stockpiled, measures to protect topsoil from wind and water erosion, and pollutants;

(iv) method of depths, volumes, removal and storage of other overburden, plus a description of the procedures to be used in overburden replacement and stabilization and high wall elimination, including:

(1) Slope factors; (2) Lift heights; (3) Terracing; and (4) Any testing procedures employed.

(v) methods of processing and disposing of waste and reject material, including toxicity analysis explaining in detail means for containment and long range stability;

(vi) existing site and post-contour cross sections typical of regrading designs;

(vii) redistribution of topsoil and subsoil on the regraded area, indicating final depth of soil cover;

(viii) re-seeding, types or species to be used, the rate of application. Reseeding shall be based upon recommendations from the Soil Conservation District;

(ix) a description of the reclamation which shall include reasoning for the leaving of roads, pads or other similar structures and features; and

(f) an operations plan that outlines:

(i) proposed hours of operation;

(ii) traffic safety measures proposed on existing roads and streets adjoining the site;

(iii) the location, arrangement and dimensions of loading and processing facilities;

(iv) a open and closure plan stating the phasing, acreage and duration of the operation involved, with the maps and narratives that describe the expected sequence of disturbed areas, processing and material treatment;

(v) the extent of the land previously disturbed as well as the proposed extent of land disturbance;

(vi) areas of overburden and/or topsoil removal and storage areas, also the location of disposal and stockpile areas for reject materials, waste, and useable materials;

(vii) appropriation and use of necessary water rights;

(viii) onsite control of surface and storm water drainage;

(ix) evidence that all required federal and state requirements for environmental health, occupational safety, and reclamation are completed and approved as required by each of the following entities:

(A) Tooele County Health Department; (B) OSHA, State of Utah OGM, and MSHA (C) Soil Conservation District (D) UDOT (E) the State archeologist and paleontologist.

(x) a statement identifying mitigation of hazards to the public safety and welfare, including test hole closures, fencing, slopes, disposal of trash, scrap metal, wood, extraneous debris, waste oil, solvents, fuels, chemicals, explosives and sewage;

(xi) UDOT permit if accessing a state highway;

(xii) methods of fugitive dust suppression for processing and site operations.

(2) Applications for conditional use permits shall have a design review by Grantsville City staff completed before being placed on the Planning Commission agenda. Staff shall schedule a meeting with the applicant, roads, and planning department. Staff may make a site visit with the applicant as part of the review process.

All operations shall comply with the following requirements:

(1) warning signs, fences, trees, and berms shall be placed on the perimeter of the property to protect the public and act as barriers to access, fugitive dust, noise, glare, and/or view shall be indicated;

(2) no adverse drainage which would create soil instability or erosion shall be permitted. All drainage shall be contained on site;

(3) maximum slopes shall be in accordance with MSHA;

(4) the applicant shall post a reclamation guarantee for the area of disturbance giving financial assurance in a form approved by the Grantsville City Attorney and City Council, guaranteeing the satisfactory reclamation of all disturbed areas. The amount of reclamation shall not be less than $1,000.00 per acre, with a $10,000.00 minimum and shall be adjusted upon the renewal of the operations plan to meet projected costs of reclamation based upon time, material and equipment needed to clean-up and remove structures, backfill, slopes (to include mine dumps) shall be graded to no greater than a 3:1 finished slope or in relation to the contour of adjacent undisturbed land. The release of the financial assurance and obligations for reclamation shall not be made until Grantsville City staff consults with the Soil Conservation District, the Grantsville City Attorney and approves the release in writing.

(5) All facilities and activities shall comply with applicable land use, health, building, plumbing, mechanical, and electrical codes.

(6) All fuel tanks and flammable materials shall be located above ground, in such locations, with containment, and under such conditions as to conform to the requirements of the national fire codes;

(7) All crossing of state, county and city roads shall be done in such a manner as to hold Grantsville City harmless from any and all legal proceedings as a result of the applicant’s use of such roads. The applicant shall make provisions to place suitable road signs, restraints and flagging personnel at work-sites and road crossings as approved by the MUTCD and the Grantsville City Public Works Director.

(8) All damage to state, county and city roads shall be repaired at the applicant’s expense under the direction of the Public Works Director.

(9) The applicant shall maintain on file, proof of liability insurance for the operation in the office of the City Recorder.

(10) Grantsville City reserves the right to limit and restrict the time activities of the operation should the planning commission deem those activities a public nuisance;

(11) Access roads shall include acceleration, deceleration and left turn lanes as approved prior to operation;

(12) All activities shall be maintained and operated in such a way as to minimize fumes, dust, and smoke emissions;

(13) Sufficient restroom facilities shall be provided at each location for employee use; and

(14) The applicant shall not begin operations until such time that they enter into a mitigation agreement with Grantsville City addressing the upgrade, construction and maintenance of infrastructure.

(1) In the following sections of this chapter, uses of land or buildings which are allowed in various districts are shown as "permitted uses," indicated by a "P" in the appropriate column, or as a "conditional use," indicated by a "C" in the appropriate column. If a use is not allowed in a given district, it is either not named in the use list or it is indicated in the appropriate column by a dash, "-". If a regulation applies in a given district, it is indicated in the appropriate column by a numeral to show the linear or square feet required, or by the letter "A". If the regulation does not apply, it is indicated in the appropriate column by a dash, "-". No building, structure or land shall be used and no building or structure shall be hereafter erected, structurally altered, enlarged or maintained in the multiple use, agricultural, or rural residential districts except as provided in this Code.

Table 16.1 Use Regulations

Amended 06/02 by Ord. 2002-07, 10/02 by Ord. 2002-20, 10/03 by Ord. 2003-25, 03/05 by Ord. 2005-02, 03/05 by Ord. 2005-03, 06/06 by Ord. 2006-08, 04/07 by Ord. 2007-10, 09/10 by Ord. 2010-21, 09/10 by Ord. 2010-22, 11/10 by Ord. 2010-25, 02/11 by Ord. 2011-01, 02/11 by Ord. 2011-09, 02/11 by Ord. 2011-10, 09/11 by Ord. 2011-28, 09/11 by Ord. 2011-29, 09/11 by Ord. 2011-32, 08/12 by Ord. 2012-13, 03/15 by Ord. 2015-05, 07/16 by Ord. 2016-09