(a)
All off-street parking and loading space for general industrial
uses shall be located not less than 35 feet from any residential property
line and shall be effectively screened from view from adjacent residential
properties by landscaping, supplemented, as necessary, by appropriate
fencing materials.
(b)
Structures of 30,000 square feet or greater shall have fire
lanes surrounding the structure(s) unless approved otherwise by the
director of public safety.
(c)
Outdoor lighting shall be sufficient to protect public safety,
but shall be arranged so as to prevent objectionable glare on adjacent
properties and streets.
(d)
Outdoor speaker or paging systems shall be directed away from
property lines and shall be designed to prevent objectionable noise
levels on adjacent properties or streets.
(e)
All industrial uses shall be conducted so as not to produce
hazardous, objectionable or offensive conditions at or beyond property
line boundaries by reason of odor, dust, lint, smoke, cinders, fumes,
noise, vibration, heat, glare, solid and liquid wastes, fire or explosion.
(f)
Service drives or other areas shall be provided for off-street
loading in such a way that in the process of loading or unloading,
no truck will block the passage of other vehicles on the service drive
or extend into any fire lane or other public or private drive or street
used for circulation.
[Ord. No. 19-1(R), 3-19-2019]
No surface mine shall be established, operated, or enlarged except as shall be permitted by use permit, the provisions of Article VIII dealing with nonconforming uses notwithstanding. In granting said use permit, the board may authorize the establishment of, or any expansion or enlargement of, surface mining operations, subject to the following conditions, as well as any other reasonable conditions which the board determines to be necessary.
The restoration or reclamation of nonconforming, inactive, or
abandoned borrow pits utilizing clean fill soil and operated subject
to the following conditions may be authorized by the zoning administrator.
The depositing of any material other than clean fill soil shall be
authorized only by a use permit issued by the board.
(a)
Application requirements. Any application for the authorization
of such use shall be accompanied by the following:
(1)
A report and other supporting materials, applicable for operation
or restoration of a mine, providing all information required under
the application requirements of the Virginia Minerals Other than Coal
Surface Mining Law and the Virginia Department of Environmental Quality.
(2)
A standard soils analysis, including an analysis of the load
bearing factors, of the property, prepared by a geologist who is certified
by the American Institute of Professional Geologists, meets the requirements
for certification as a geologist of the Commonwealth of Virginia,
or is licensed as a geologist in another state, or by a standard testing
laboratory, or by a Virginia registered civil engineer, or by a Virginia
certified soils scientist, and approved by the Soil Conservation Service,
and including results of test borings, and a written report setting
forth the range of effects of the proposed operation upon the stability
of soils, the water table, wells and septic fields on the subject
property and all adjoining properties, and other soil factors which
may have an effect upon nearby properties.
(3)
The proposed date on which excavation will commence, the proposed
date on which the excavation will be completed, and the proposed date
that all required restoration measures are to be completed.
(4)
A statement listing the public streets and highways to be used
as haul routes.
(5)
An estimate of the number of trucks proposed to enter and leave
the property per day.
(6)
The proposed hours of operation each day and the proposed days
of operation during the week.
(7)
A hydrology study containing the following:
a.
Surface drainage data;
b.
Location and depth of existing public and private wells, constructed
drainage ways, and streams and other natural waterways;
c.
Impact of excavation on existing public and private wells located
within 2,000 feet [600m] of the proposed boundaries of the surface
mine;
d.
Impact of excavation on quantity and quality of groundwater
and surface water; and
e.
Method(s) to be used to dispose of excess water during excavation,
including details of any proposed filtration system(s).
(b)
Requirements pertaining to location, operation, and restoration
of surface mines.
(1)
No permit to operate, enlarge or extend a surface mine shall
be issued for any tract or combination of contiguous tracts of land
containing less than 10 acres. This minimum acreage shall not apply
to proposals involving the restoration of nonconforming, inactive,
or abandoned surface mines.
In the case of enlargement or extension of existing surface
mining operations, both the existing surface mine and any proposed
extension or enlargement thereof shall be subject to all requirements
set forth herein.
No permit shall be approved for any location which is in close
proximity to existing development or any area that the board finds
is undergoing, or is likely in the reasonably near future to undergo,
development, whether residential, commercial or industrial, which
development would, in the opinion of the board, be rendered impossible
or adversely affected in any way by the existence or operation of
such surface mine. No such permit shall be granted if, in the opinion
of the board, the site is not likely to be restored to a usable and
productive purpose and a condition conducive to the public health,
safety and welfare.
(2)
Access requirements.
a.
Local residential streets shall not be used for access to the
surface mining operations. The permittee shall be limited to using
those routes which are specified in his application and approved by
the board in authorizing the use permit.
b.
In the case of mining and restoration projects, all on-site
access roads and driveways shall be maintained so as to prevent the
creation of dust and shall have an appropriate surface treatment which
will prevent the depositing of mud, debris, or dust onto any public
street.
c.
Any access road shall be a minimum of 20 feet from any property
line except at any point of access to any public right-of-way.
d.
The zoning administrator or the board may, in consultation with
VDOT, require the operator to post a letter of credit in an amount
sufficient to cover any potential damages to the public road system
attributable to the operation.
(3)
All buildings, structures, storage areas, and accessory activities
associated with the mining operation shall be subject to all applicable
requirements of the zoning district in which the proposed surface
mine is to be located. This is not to be interpreted to preclude the
placement on-site of temporary accessory structures which are to be
removed upon expiration of the permit.
(4)
Elimination of noise, dust, and vibration.
a.
All equipment used for the extraction or transportation of materials
shall be constructed, maintained, and operated in such a manner as
to eliminate any noise, dust, or vibration which would be injurious
or annoying to persons living in the vicinity.
b.
All storage areas, yards, service roads or other non-vegetated
open areas within the boundaries of the surface mining area shall
be maintained so as to prevent dust or other wind blown air pollutants.
Proposed methods of dust control and equipment proposed for such control
shall be included in the plan of operation and shall be located at
the site during such operations.
c.
Trucks shall not be loaded beyond design capacity and, if deemed
necessary by the zoning administrator as a result of the types of
materials being transported, shall be covered with a tarpaulin or
other appropriate device so as to prevent hauled materials from being
deposited or spilled during transport upon any public or private lands
or property. In the case of restoration operations involving filling
with construction debris or similar materials, the board may require
that the applicant's procedures for operation include a requirement
that all trucks hauling materials to the site and allowed to dump
said materials have a tailgate or be covered or both in order to prevent
materials from being spilled during transport. If established, compliance
with said requirement shall be the responsibility of the operator
of the site.
(5)
The mining activity shall be conducted between sunrise and sunset
and shall have no Sunday operations. This shall not be deemed to preclude
necessary maintenance of equipment essential for public health and
safety at other times.
(6)
A fence of not less than six feet in height, constructed of
meshed wire or other materials, approved by the zoning administrator,
shall be required around the portion of the site being mined, areas
where equipment is being operated, and all access roads, if deemed
necessary by the board in order to protect the public interest, safety,
and welfare.
(7)
Gates shall be constructed at all entrances and shall be kept
locked at all times when operations are not underway.
(8)
For public safety purposes, properties containing surface mines
shall be conspicuously posted in such a manner and at such intervals
as will give reasonable notice to passersby that trespassing is prohibited.
In recognition of the location of the proposed site the board may
require the installation of a perimeter access and observation road
around the area being mined. Such road, if required, shall be located
outside of and adjacent to the required security fencing and shall
be maintained at all times in a passable condition so as to allow
patrol by law enforcement personnel.
(9)
Setback areas for surface mine operations shall be:
a.
Not less than 200 feet from any property line or street right-of-way
in any zoning district.
b.
Exterior limits of all areas to be excavated shall be delineated
prior to beginning operation in accordance with the areas of excavation
as shown on the approved operations plan with iron markers extending
no less than five feet above the surface of the earth.
(10)
Surface mines shall be operated and maintained in a neat and
orderly manner, free from junk, inoperable equipment, trash, or unnecessary
debris. Buildings shall be maintained in a sound condition, in good
repair and appearance. Weeds shall be cut as frequently as necessary,
but not less than twice a year. Only that equipment which is used
in the operation of the surface mine shall be maintained and stored
on the site, unless, however, vehicle storage or maintenance is permitted
in the zoning district in which such mining activity is located.
(11)
The following drainage requirements shall be met during the
operation of the surface mine:
a.
The property shall be graded so as to prevent standing water
which would or could reasonably be expected to constitute a safety
or health hazard.
b.
Existing drainage channels shall not be altered in such a way
that water backs up onto adjoining properties or that the peak flow
of water leaving the site exceeds the capacity of the downstream drainage
channel.
(12)
During mining operations, no slope shall be created which will,
through slides, sinking, collapse, or erosion, or any other means,
cause any change in the elevation of the required setback area.
(13)
The operation of the surface mine shall at all times comply
with the applicable provisions of the Virginia Erosion and Sediment
Control Handbook, 3rd Ed., 1992 or subsequent amendments thereto.
(14)
Overburden shall not be removed from an area larger than could
be mined within one year.
(15)
The operation of the surface mine shall not be conducted in
a manner which would or could reasonably be expected to cause negative
impacts on groundwater level and quality. The soils analysis required
as part of the use permit application shall set forth the particular
methods of operation necessary to ensure that negative impacts will
not occur. Such report shall be subject to the review and approval
of the zoning administrator.
(16)
The use of explosives in conjunction with the mining activity
shall not be permitted.
(17)
Maintenance of equipment shall be conducted in such a fashion
as to not allow the depositing of oil, grease, or other deleterious
materials on the ground or within the confines of any future lake
area.
(c)
Restoration.
(1)
Restoration of excavated areas shall proceed in a coordinated
and continuous manner designed to minimize the disturbed area and
shall be subject to review and approval by the zoning administrator
as each phase of the operation, as described in the Operations Plan,
is completed.
(2)
Restoration of excavated areas shall be accomplished using materials and procedures, approved by the zoning administrator, which will result in the site being restored to a condition capable of supporting the types of land uses envisioned by the adopted comprehensive plan. Materials and procedures for filling shall be described in the Restoration Plan. Filling shall meet the requirements of the State Health Department and Chapter 10, Erosion and Sedimentation Control, of this Code. In the case of restoration and reclamation projects, fill materials shall be limited to clean soil unless the board, issues a special use permit which specifically permits filling with materials such as demolition wastes, construction wastes, tree trimmings, stumps and other inert wastes. Under no circumstances shall fill materials include household, commercial or industrial wastes, sludge material, asbestos, tires, ash, and any hazardous wastes, including the following general classes of materials:
a.
Oil and oil products;
b.
Radioactive materials;
d.
Biologically accumulative poisons;
e.
The active ingredients of economic poisons that are or were
ever registered in accordance with the provisions of the Federal Insecticide
Fungicide and Rodenticide Act, as amended (7 U.S.C. § 135
et seq.);
f.
Substances highly lethal to mammalian or aquatic life.
(3)
Any overburden, unused stockpiles of materials, or topsoil stockpiles
remaining at the completion of the mining operation shall be graded
in such a manner as to conform with the approved restoration plan.
(4)
Final grading of disturbed and restored areas shall not exceed
a slope ratio of four horizontal to one vertical (4:1) or the normal
angle of repose for the soil type on the site, whichever is less,
except as required otherwise for slopes within proposed lakes or ponds.
Slopes shall be improved with structures such as terraces, berms,
waterways, etc., to accommodate surface waters, where necessary, and
to minimize erosion due to surface runoff. Slopes shall be stabilized
and protected with permanent vegetative or riprap covering. The surface
of the restored surface mine site shall have a minimum slope of 1%.
(5)
Restored areas shall be planted with grass, trees, shrubs, or
other vegetation to prevent erosion and to achieve a permanent and
protective cover and enrich the soil. The types of vegetation to be
used shall be described in the restoration plan and shall meet the
requirements of the Virginia Minerals Other Than Coal Surface Mining
Law. Revegetation shall take place as soon as is practicable based
on seasonal growing conditions, after mining operations have ceased
in the particular area involved.
(6)
The site shall be graded so as to prevent standing water except
in an approved lake or pond.
(7)
The site shall be graded so as to ensure that natural and stormwater
runoff, both on-site and off-site, can be adequately accommodated.
(8)
Any proposed lakes or ponds shall be no less than seven feet
in depth or such greater depth as may be determined necessary by the
director of environmental and development services except as provided
herein. A slope ratio of five horizontal to one vertical shall be
maintained from the mean shoreline to a depth of seven feet. Below
a depth of seven feet the slope shall be no more than the normal angle
of repose for the soil type in the pond. Ponds shall be stocked with
fish which will eliminate mosquito larvae and other insects as determined
by the director of environmental and development services.
(9)
The restored surface mine shall not be likely to adversely impact
groundwater level and quality. The soils analysis required as part
of the use permit application shall set forth the restoration methods
necessary to ensure that negative impacts will not occur. Such report
shall be subject to the review and approval of the zoning administrator.
(10)
Residential streets shall not be used to access the site unless
the board shall specifically authorize their use after conducting
a duly advertised public hearing.
(11)
Upon expiration of the use permit, or in the event active mining
operations have ceased for any period exceeding 12 consecutive months,
all plants, buildings, structures (except fences), stockpiles, and
equipment shall be removed from the site, unless such were indicated
on the approved restoration plan, and the site shall be restored as
described in said restoration plan.
(d)
Required plans. Prior to commencement of the use, the following
plans shall be submitted to the zoning administrator for review and
approval:
(2)
Operations plan containing the following information:
a.
A general description of the type and quantity of equipment
to be used in connection with the use, including bulldozers, cranes,
washers, crushing equipment, trucks, and all other mechanical equipment.
b.
Operating practices proposed to be used to eliminate noise,
dust, air contaminants, and vibration.
c.
Methods proposed to be used to prevent pollution or interruption
of surface or underground water.
d.
Methods proposed to be used to prevent erosion of areas exposed
during operation and prior to final restoration of the site. Also,
methods proposed to be used to prevent sedimentation of waterways
during operation and prior to final restoration of the site. Methods
shall be in compliance with the Virginia Erosion and Sediment Control
Handbook, 3rd Ed., 1992, or subsequent amendments thereto.
e.
Surface treatment of access roads to eliminate dust and deposit
of mud on public roads.
f.
A statement of the estimated time and sequence within which
excavation and any staged operation thereof is to be commenced after
the granting of approval and the estimated time when each stage is
to be completed and restored.
g.
Proposed methods for ensuring that oil, grease, or other deleterious
materials from equipment maintenance are not deposited on the ground
or within the confines of any proposed lake area.
(3)
Restoration plan shall meet the following requirements:
a.
The restoration plan shall provide for the following:
1.
A timetable for restoring the areas used for surface mining
which incorporates the use of a coordinated and continuous method
designed to minimize disturbed areas and which shows evidence of compliance
with the following:
i.
Methods proposed for restoration shall be in compliance
with the Virginia Erosion and Sediment Control Handbook, 3rd ed.,
1992, or subsequent amendments thereto;
ii.
Final restoration work shall be initiated within
one year after mining or related activity ceases on any segment of
the site where mining has occurred and shall be completed within three
years of the cessation of the mining activity.
2.
The proposed use of the site after restoration shall be stated
and the ability of the restored site to accommodate the proposed use
shall be demonstrated through a series of conceptual plans and sketches.
The proposed use shall be consistent with the land use designation
established for the site by the comprehensive plan.
In the event there are no firm plans for future development
of the site, a series of conceptual plans and sketches demonstrating
that the physical attributes of the restored area could accommodate
the types of land use envisioned by the comprehensive plan shall be
prepared. It is understood that this may be a hypothetical exercise;
however, it will be evaluated as such and will not be considered a
commitment to the use portrayed.
b.
The restoration plan shall address the following where applicable:
1.
Restoration of stream banks and channels to prevent erosion,
sedimentation, and other water pollution effects of stream flow from
exceeding their degree before the mining.
2.
Sloping and other control to stabilize final surfaces and minimize
public hazards.
3.
Vegetating disturbed areas in a manner conducive to restoring
them to a natural state consistent with the future use of the property
and without any maintenance being required.
4.
Drainage control to prevent pools of water from becoming public
nuisances or health or safety hazards.
5.
Immediate removal of structures and equipment after termination
of the mining or when it is no longer in use at the site.
6.
Otherwise minimizing the adverse impact of the mined land on
the livability, value, and appropriate development of adjacent property.
c.
Appropriately trained professionals, such as biologists and
geologists, shall participate in the development of the restoration
plan to ensure and certify, to the extent possible, the long term
viability of any proposed lake or pond.
(e)
Processing and approval. The zoning administrator shall be the
final plan approving authority, however, no final action shall be
taken until the comments and recommendations of all reviewing agencies
and departments have been received.
(f)
General requirements.
(1)
The staging of the mining operation shall occur within a period
not to exceed five years unless a greater time period is authorized
specifically by the board. Such period shall commence on the date
of approval of all plans and submissions required herein.
(2)
The following requirements shall govern the posting, reduction,
forfeiture, and release of surety for surface mines:
a.
Prior to commencement of the authorized activity, the permittee
shall post with the zoning administrator a certified check, letter
of credit, or cash escrow with surety satisfactory to the zoning administrator,
approved as to form and content by the County attorney, guaranteeing
the faithful performance of all conditions and requirements of the
use permit. The amount of such surety shall be approved by the zoning
administrator and shall be sufficient to guarantee performance of
approved and required methods of operation such as, but not limited
to, dust control, drainage, and erosion control, and to guarantee
the restoration of the site in accordance with the approved restoration
plan at such time as the restoration is scheduled to take place.
b.
If the site is to be disturbed and restored in phases, the surety
may be reduced in a manner approved by the County attorney and an
amount approved by the zoning administrator as phases are completed
and approved, leaving adequate surety to ensure operation and restoration
of the entire site in accordance with the approved operations and
restoration plans.
c.
In the event the approved operation plan or approved restoration
plan have not been followed, the zoning administrator shall require
the forfeiture of such surety to cover the cost of necessary operational
and restoration activities.
d.
Except as provided hereinabove, surety shall not be released
until the zoning administrator certifies that the requirements of
the approved restoration plan have been met. In this regard, the zoning
administrator may, in order to evaluate the adequacy and success of
re-vegetation efforts, delay the final release of surety guarantee
for two growing seasons after the time of planting.
(3)
The following requirements shall govern any proposed changes
in the approved plans of operations or restoration:
a.
If a permittee proposes changes in an approved original plan,
or if additional land not shown as a part of the approved operation
plan is to be disturbed, the permittee shall submit an amended application,
operations plan, and Restoration Plan which shall be reviewed in the
same manner as an original plan and shall be subject to all provisions
of this ordinance, as amended.
b.
All amendments, changes, and modifications of plans shall be
valid only when evidenced by a written approval from the zoning administrator.
c.
A reasonable extension of time may be granted by the zoning
administrator when he finds that weather conditions make compliance
with an approved time schedule impractical.
(a)
When soil is dumped or deposited on a parcel of land for the
purpose of storage, whether temporary or long-term, and the deposits
of soil cover a total cumulative land area exceeding 2,500 square
feet, or the deposit exceeds eight feet from the natural grade at
its maximum height, then the activity shall be considered a soil stockpile
and shall be subject to the permitting and performance standards set
forth in this section and in § 24.1-306, provided, however,
that the following specific activities shall not be considered to
be soil stockpiling:
(1)
Activity such as the removal and stockpiling of topsoil on a
site being developed pursuant to a development or site plan approved
by the County for that property;
(2)
Placement of soil on a site for the purpose of changing the
natural grade for purposes such as filling low spots, improving drainage,
or improving the suitability of a site for building;
(3)
Placement of soil for temporary storage purposes at depths greater
than one foot, covering a cumulative area of less than 2,500 square
feet, and when all of the following conditions are met:
a.
The soil is not mounded higher above the natural existing grade
than eight feet;
b.
The deposits or mounds of soil are no closer to any property
line than the minimum principal building setback for the district
in which located;
c.
The soil deposits do not block, encroach on or otherwise adversely
affect stormwater drainage;
d.
The soil deposits are not within the dripline of any tree on
or abutting the subject property;
e.
The soil is removed from the site, or distributed and graded
across the site to depths of less than one foot, within one year.
Any and all of the activities listed above shall be required
to comply will all applicable Land Disturbing Activity permitting
regulations and standards.
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(b)
Prohibited materials. Nothing herein shall be construed to allow
the creation of stockpiles of anything other than clean soil, including,
but not limited to, the following specifically prohibited materials:
(1)
The creation of stockpiles of any material constituting: commercial/business waste; construction, clearing and/or demolition waste; garbage; hazardous waste; household waste; industrial waste; institutional/governmental waste; residential/household waste; solid waste; trash; or, unacceptable waste as such terms are defined in Chapter 19 of the York County Code.
(2)
The creation of stockpiles of sand, gravel, stone, wood chips/mulch
or similar materials.
(c)
Permitting. Unless authorized by an Administrative Permit in accordance with Subsection (d) below, soil stockpiling shall be allowed only by Special Use Permit granted by the Board of Supervisors. In approving a Special Use Permit for a soil stockpiling operation, the Board of Supervisors may establish such term limits as it deems appropriate in consideration of the location and characteristics of the operation and its surroundings.
(d)
Administrative Permits. The Zoning Administrator shall have
the authority to approve Administrative Permits for temporary soil
stockpiling in the RR-Rural Residential District for locations that
are at least 300 feet from any existing residential structure on any
adjacent residentially-zoned property, or in the non-residential districts
for locations which are at least 200 feet from any existing residential
structure on any adjacent residentially-zoned property.
Administrative Permits shall be limited to a maximum term of
two years and the temporary soil storage stockpile shall be removed
from the site prior to the expiration of the Permit. In the event
the operator wishes to maintain the temporary soil stockpile beyond
the term of the Administrative Permit, he may apply to the Board of
Supervisors for an extension, which extension may be granted by the
Board by Resolution for such additional time period as the Board deems
appropriate.
(e)
Requirements pertaining to location and operation of soil stockpiles. Except as provided otherwise in Subsection (d) regarding setbacks for Administrative Permit situations, all soil stockpiling permitted either by Administrative Permit or Special Use Permit shall be subject to the following conditions:
(1)
Access.
a.
Local residential streets (i.e., those platted/created as a
component of a recorded subdivision) shall not be used for access
to the stockpile site. The permittee shall be limited to using those
routes which are specified in the application and approved by the
County in authorizing the permit.
b.
All on-site access roads and driveways shall be maintained so
as to prevent the creation of dust and shall have an appropriate surface
treatment which will prevent the depositing of mud, debris, or dust
onto any public street.
c.
Any access road shall be a minimum of 20 feet from any property
line except at any point of access to any public right-of-way.
d.
If determined necessary by the Virginia Department of Transportation
(VDOT), the operator shall be required to post a letter of credit
in an amount sufficient to cover any potential damages to the public
road system attributable to the operation.
(2)
Soil stockpiles shall not be placed within the dripline of any
tree nor shall the cutting or clearing of trees be permitted in order
to provide space for a stockpile or any associated elements, such
as haul roads.
(3)
The activity shall be conducted between local sunrise and sunset
and shall have no Sunday operations, unless for necessary maintenance
of equipment essential for public health and safety.
(4)
Elimination of noise, dust, and vibration.
a.
All equipment used for the transportation or movement/grading
of soil shall be constructed, maintained, and operated in such a manner
as to eliminate any noise, dust, or vibration which would be injurious
or annoying to persons living in the vicinity.
b.
All service roads or other non-vegetated open areas within the
boundaries of the site shall be maintained so as to prevent dust or
other wind blown air pollutants. Proposed methods of dust control
and equipment proposed for such control shall be included in the plan
of operation and shall be located at the site during such operations.
c.
Trucks shall not be loaded beyond design capacity and loads
shall be covered as required by state law so as to prevent hauled
materials from being deposited or spilled during transport upon any
public or private lands or property.
(5)
Setback areas for soil stockpiles shall be:
a.
Not less than 50 feet from any property line in any zoning district;
b.
Not less than 100 feet from any existing structure;
All existing trees, bushes, shrubs and other vegetation within
such setback areas shall be protected and preserved during and after
the stockpiling operation and the approving authority may require
the installation of trees or shrubs to help buffer the view of any
stockpiles authorized on vacant/unvegetated sites.
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(6)
The approved exterior limits of all areas where soil will be
stockpiled shall be delineated with construction fencing or other
method acceptable to the zoning administrator prior to beginning operation.
(7)
The height of the soil stockpile shall be limited as a function
of the following design parameters:
a.
One foot of stockpile height for each two feet of setback from
any perimeter property line;
b.
Side slopes shall not exceed 3:1 (horizontal:vertical);
c.
The absolute maximum height of any stockpile shall be 25 feet
in a residential district and 40 feet in a commercial or industrial
district; and
d.
No stockpile shall exceed the height of the treeline on or abutting
the stockpile site.
(8)
The following drainage requirements shall be met during the
operation:
a.
The property shall be graded so as to prevent standing water
which would or could reasonably be expected to constitute a safety
or health hazard.
b.
Existing drainage channels shall not be altered in such a way
that water backs up onto adjoining properties or that the peak flow
of water leaving the site exceeds the capacity of the downstream drainage
channel.
(9)
The operation shall at all times comply with the applicable
provisions of the Virginia Erosion and Sediment Control Handbook promulgated
by the Virginia Soil and Water Conservation Board.
(10)
Maintenance of equipment shall be conducted in
such a fashion as to not allow the depositing of oil, grease, or other
deleterious materials on the ground or into drainageways.
(f)
Required plans. An application for approval of an Administrative
Permit or a Special Use Permit shall include a site plan and an operations
plan, as follows:
(1)
Site plan - prepared in sufficient detail to demonstrate compliance
with all applicable performance standards.
(2)
Operations plan containing the following information:
a.
The proposed date on which the operation will commence, the
proposed date on which the operation will be completed, the proposed
date that all required stabilization measures are to be completed,
and a statement as to the proposed ultimate disposition of the stockpile
and the length of time that it will remain on the site.
b.
A statement listing the public streets and highways to be used
as haul routes.
c.
The proposed hours of operation each day and the proposed days
of operation during the week.
d.
A general description of the type and quantity of equipment
to be used in connection with the use, including bulldozers, trucks,
and all other mechanical equipment.
e.
Operating practices proposed to be used to eliminate noise,
dust, air contaminants, and vibration including information on the
proposed treatment of access roads to eliminate dust and deposit of
mud on public roads.
f.
Proposed methods for ensuring that oil, grease, or other deleterious
materials from equipment maintenance are not deposited on the ground
or within the confines of any drainageways.
Office and construction trailer storage yards shall conform
with the following standards:
(a)
Such establishments shall be for the purpose of storage of office
and construction trailers which are available for rent or lease on
a temporary basis in conjunction with construction projects being
conducted on other sites.
(b)
All setback, yard, and similar regulations of the district in
which located shall apply to trailers stored or otherwise maintained
on the property.
(c)
All trailers stored at the site shall be in a condition which
will allow their transport to construction sites and use for storage
or office purposes. Trailers which have deteriorated to a condition
not conducive to transport, storage or office use, as determined by
the zoning administrator, shall not be permitted to be stored on the
subject site.
(d)
All such storage yards shall be screened from view from adjacent
public rights-of-way by appropriate opaque privacy fencing and supplementary
landscaping.
(e)
A site plan shall be required for such uses.
(a)
General industrial uses permitted by special use permit in the
EO district shall be limited to those which involve the manufacture
or assembly of specialty items such as pottery, crafts, toys, novelties,
food, candy, beverages, decorations or similar items which are then
offered for sale on a retail basis at an on-site outlet or other similar
type of facility including those oriented primarily to the tourist
market.
(b)
The board shall find that the proposed activity and location
is compatible with and will not adversely impact the overall development
character envisioned by the EO district.