HomeMy WebLinkAboutMinutes - 19670612f
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1957 Minutes continued
Whenever the Board of Adjustment shall determine that sny of the terms,
.J conditions, safeguards and requirements upon the issuance of a Community
Airport permit, after notice of such violation has been given the permit
holder by the Zoning Officer, the Board of Adjustment may revoke said permit.
In every case of revocation the community airport for which the permit was
issued shall automatically be in violation of this ordinance."
There being no further business to comp before the Board the meeting was
adjourned to meet again on Monday, June 12, 1967 at 8:00 o'clock P.M. in the
Commissioners Room at the Courthouse in Hillsborough.
Harvey D..Bennett,
Chairman
Betty June Hayes, Clerk
&
S. M. Gattis, Acting Clerk
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MINUTES OF THE ORANGE COUNTY +-
BOARD OF COMMISSIONERS
June 12, 1967
The Board of Commissioners for the County of Orange, North Carolina met in
adjourned session in the Commissioners Room at the Courthouse in Hillsborough, N. C.
on Monday, June 12, 1967 at 8:00 o'clock P.M.
Members Present: Chairman Harvey D. Bennett, and Commissioners William C. Ray, j
Carl M. Smith, Henry S. Walker ;nd Ira A. Ward.
Members Absent: None
The purpose of this meeting was to consider the proposed extractive use I
amendments to the Chapel Hill Township Zoning Ordinance which had been recommended
by the Orange County Planning Board. Discussion ensued concerning these proposed
amendments.
Upon motion of Commissioner Ward, seconded by Commissioner Ray, it was moved
and adopted that the fallowing amendments be incorporated with the Chapel Hill
Township Zoning Ordinance which was adopted on February 6, 1967.
.For Proposed Amendments to the Chapel Hill Township Zoning Ordinance see
Minute Book 6 at Page 612.
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BOOK a FACE Bit
Proposed Amerd ments to the Chapel HI11 Townshi Zoning Ordinance
New Page 3
the development and protection of commercial areas of very high
standards.
General Industrial District
The purpose of the industrial Distrtct,is to provide for all
types of industry and related heavy commercial uses of land
not included in Rural industrial and Rural Processing Districts.
Rural Industrial District
The purpose of the Rural Industrial District is to provide for
land uses such as Stockyards. Sanitary Landfills, Extractive
Uses, and Outdoor Shooting Ranges in conditions of good health
and safety and with minimum adverse effect on surrounding prop-
erty values.
Rural_ Processing District
The purpose of the Rural Processing.Distriet is to provide for
such processing activities as Abattoirs, Heat and Poultry
Packing Plants, Sawmills. Extractive Use Processing, and Grain
and Feed Mills In conditions of good health and safety and with
minimum adverse impact on surrounding property values.
The specific uses of property and the minimum requirements for
each use permitted in each of the above districts are set forth
in the Table of. District Provisions and following sections. The
locations and boundaries of all zoning districts are shown on a
series of Chapel Hill Township Zoning Maps which are hereby
declared to be a part of this ordinance.
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Pro osed Amendments to the Cha I Hill Tow
hi BOOR 6 PAGE 613
ns Zen
in Ordinance
Section 6
Table of District Provisions
i
2 Minimum Lot Size Rural Indus rial
Y acres Rural Processin
no
6.3 Minimum Lot Width at
the Setback Line Nona
6.4 Minimum Lot Depth
as provided b
Y
As provided by
.5 Minimum Side Yard Section $ Section
as provided O Y
Section $ 05 provided y
Section 9
6.6 Minimum Rear Yard with-
in which no structure as provided b
Y
as provided by
Shall be located Section 8 Section 9 f
•7 Minimum Setback within
which no structure as provided
by
As provided by
Shall be located Section 8 Section 9
6.
Parking Location j
provided
by
As provided by
Se
Section 8 Section 9
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-9
Permitted Signs'
Identification, i
Identification,
Occupancy, Real Occupancy, Real
Estate, Signs' Estate, Signs '
advertising advertising
products and products and
services made. services made
Sold or dis- ,
sold or dis-
pensed only on
the premises pensed only on t
, the prcraises. i
.10 Structure and Landscape
Design approval in
No Requirement
No Requirement
j
wrttin b Plannin
Board
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Aeeess Road Dedication of a
30-foot right-of-,,ay perallal
No Requirement ?
No Requirement
to all highways in the N.C.
• Primary Highway system
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BOOK 6 eacE 615
Pro osed Amendments to the Chapel Rill Townshi Zoning Ordinance
Section 8
Extractive Uses
Section S. Extractive Uses
Extractive Uses, including the mining, quarrying, stripping or other removal of
elements. minerals, rock, gravel, sand, soil, clay, topsoil. or other substances i
for non-farm purposes shall be permitted only in Rural Industrial Districts and
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Rural Processing Districts provided that:
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8.1 Securing of Permits and Approvals
All permits required by this ordinance shall be issued and all required
approvals obtained prior to beginning. any operations other than the taking of
test borings not to exceed 12 inches in diameter. For purposes of this ordinance
neither the taking of such test borings nor the securing of options on land or
mineral rights nor the purchase or other acquisition of property shall be con-
sidered a beginning of operations.
No one shall commence or continue an extractive use as defined herein with- '
out a special Extractive Use Permit issued after a duly advertised public hearing. l:. J
by the Orange County Board of Commissioners on recommendation of the Orange County
Planning Board or a Limited Extractive Use Permit Issued by the Orange County
Board of Adjustment. Any such permit shall authorize extractive uses of a stated
type within a defined area for a period of one year from the date of its issuance.
Any permit holder wishing to modify the terms of his permit during the course of
the year shall submit an application for a new permit. All permit applications
shall be submitted and considered in the same manner, whether they are for an ,
original permit. a renewal at the expiration of a one-year period, or a modified
permit.
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BOOK 6. FaGE 616 ,
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8.1.1 Extractive Use Plarmlt q
In 811 eases except those which meet the requiroments for a Limited
Extractive Use Permit as set forth below. an Extractive use Permit shall be
required. In every case where the holder of a Limited Extractive Use Permit is
found by the Board of Adjustment, after a hearing, to have violated the terms '
and provisions of such permit. after receiving notice of such violation from
the Zoning Officer. he shalt thereafter be required to secure an Extractive Use
Permit.
No Extractive Use Permits shall be issued until (a) an Operations
Plan and Program have been submitted and approved as provided In Section 8.2.
(b) an Operations Bond has been filed as provided in Section 8.3. (c) a Rehab- ,
llitatlon Plan and Program have been submitted and approved as provided in
Section 8.4. and (d) a Rehabilitation Bond has been filed as provided in See-
tion 8.5. Compliance with the terms of the approved Operations Plan and Program
and the approved Rehabilitation Plan and Program shell be a condition of the
Extractive Use Permit. and any failure to comply shall automatically revoke
said Permit.
An application fee of $150 will be charged each applicant for an
Extractive Use Permit, to cover a portion of the cost of examining his proposal.
No refund will be made in the event that the application is turned down.
8.1.2 Limited Extractive Use Permit
The Orange County Board of Adjustment may issue Limited Extractive
re k,
' .' Use Permits only for quarrying or removal of/clay. soil. topsoil. sand. or
local
s• ` _-,'gravel for/ non-farm purposes, where It makes the following findings:
10 (a) The gross surface area of said operations shall not exceed
E acres; a
(b) No excavating, storage. processing, or truck loading shell be
conducted within 100 feet of any property line or highway right-of-tay line;
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• BOOK 6 FACE 617
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(c) No blasting eperationsgwIll be conducted during the hours from
5:00 P.M. to 8:00 A.M.;
(d) No operations will be conducted in such a way as to eausa'nuiaanee '
or hazard to neighboring or other property owners;
. (a) No extractive use processing as defined in Section 9. other than
only
normal crushing, sorting, and washing x with plain water of only quarried
sand for local non-farm ur oses,
rock and excavated = and gravel ( wil I take p aco on t s te•
(f) No extractive use will impede the normal flow of any, stream or other
water course. silt up any stream. or undermine any public road or bridge;
(g) Areas balm excavated will be enclosed with a ulCskawraxayya fence
no less than six feet In height. located not less than 10 fact from the excava-
tion edge. wherevor in the Beard's judgment such fence shall be necessary for
safety.
The Board of Adjustment shall Impose such reasonable and appropriate
terms. conditions, safeguards. and rehabilitation requirements upon the issuance
of a Limited Extractive Use Permit as it shall deem necessary to protect the
public and neighboring property owners against adverse effectso' including a
condition that there be no violation of the above required findings.
Whenever the Board of Adjustment shall determine that any of the terms, .,
conditions, and rehabilitation requirements imposed.upon any Limited Extractive
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Use Permit have been violated, after notice of such violation has been given
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the permit holder by the Zoning Officer. the Board a revoke said permit. In i
of revocation
every sash case the holder t reafter shall be required to secure an Extractive
Use Permit in ardor to continue his operations. Revocation of a Limited Extrac-
tive Use Permit shalI not be construed to give the extractive use the status of
a non-conforming use of land under this 00IM te.
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8.1.3 Existing Extractive Uses
All extractive uses which hove begun operations within the areas
subject to this ordinenee prior to shall comply with the I!
requirements of this Section within a period of 90 days following such date. It
shell be unlawful to continua such operations beyee such period without the
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permits required heroin and without full compliance with the requirements of-Sect, 1
sn32x2a121aiex it snaim oe uniawrui ror any otner extractive use to rail to
I with all such require ments from and after . the
mxmrp
effective date of this section. The non-conforming use provisions of this
ordinance shall not be construed to exampt any existing extractive use from
'compliance with these requirements.
8.2 Operations Plan and Program
r An Operations Plan and Program. as described in the following subdivisions
?r of this subsection, shall be submitted with each application for an Extractive
Use Permit. This Plan and Program shall Initially be reviewed by a Technical
Review Committee appointed by the orange County Board of Commissioners. Said
Committee shell consist of not more than seven members. all of wham shall be
specially qualified by education, training, or exporlence to advise on technical
aspects of the applica tion; at least one mesmber shell be an engineer licensed
to practice in the State of North Caroline, one a Certified Professional
Ceotogist, and one a Member or Associate Member of the American Institute of
Planners; the other members will be at the discretion of the tounty_Com`issi'.
The Technical Review Committee w111 report its findings and recommendations.
to a joint meeting of the Orange County Board of Cemmissioners and the Orange
county Planning Board. The Planning Boar shall within 30 days after said
- •meeting mako Its recommendations to the Board of •Comsmissioners. upon•raceipt
..of such rocammaandations, the Board of Commissioners may reject the Operations
Plan and Program. ipprove it with such sodlltcatloea as It my
require. or
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BOOK 6 FACE 619
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approve it without change.
Where the permit application is for renewal of the previojs year's Extractive
Use Parmlt without change. the previously approved Operations Plan and program
may be resubmitted.
The Operations Plan and Program shall Include, but not be limited to. the
following elements and shall comply with the following requirements:
?F 8.2.1 Topographic Map
A topographic map at a scale of not more than 100 feet per inch. with,
contour intervals not greater than two feet, and accurate to - I foot shall I be
included as part of the Operations Plan and Program. and shall show the lot,
parcel or premises upon which the extractive use is proposed. as wail as all
abutting lots. parcels and premises. Distances between any two points shown on
the topographic map shall not exceed two feet In error. Permanent concrete
`. markers shall be placed at each corner of said proposed extractive use site In i
conformance with standards approved by the Division of Geodetic Survey. of the
Worth Carolina Departmant of Conservation and Development.
8.2.2 Streams. Roads and Other Features
All surface streams and water courses, together with the classifies-
tions assigned to them by the Stream Sanitation Committee, and all roads of any
type shall be accurately shown on the topographic map required In 8.2.1.
8.2.3 Maximum Excavation Size and Estimated Work Schedule
- - long-term
The Operations Plan and Program shat! show maximum/exca? vat o limits
estimated ultimate
for the extractive use site. In cluding/maximum depth and surface
diameters.
g==!=%l6 Maximum surface diameters shall be shorn on the topographic map
required In Section 8.2.1 or 'on scaled overlays. Detailed estimates of the
excavation work schedule for the permit pprled shall be Included.
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' BUOK 6 FACE
8.2.4 Buffer Strip
A buffer strip.on the property. measured from all exterior property -:
and main travelled roadway h -ofrrrd ,
. tines/, o not ass than 200 feat nor lass than one horizontal foot 'to each ,
" vertical foot of the maximum excavation depth as shown by the Plan, whichever
.' is greater, shell be shown as port of the Operations Plan and Program. No '.
. excavating, storage. stockpiling or other depositing of any excavated materials
,_ referred to In Section 8, nor any vehicle or other leading of storage of equip-,
ment shell be permitted in the buffer strip. .
8.2.5 Air Quality
Air samples shell be taken by the applicant on all property lines
abutting the proposed extractive use site. The number. location. timing,
.,. methods of collection and methods of analyzing these samples shall be approved
by the North Carolina Board of Mater and Air Resources. The Operations Plan
-' - and Program shall contain specific provisions for maintaining air quality at
the standards obtained from approved analysis of said air samples. Air quality
shall be maintained as It existed prior to beginning extractive use operations,
except that where higher standards are set by the Board of Water and Air
Resources. or by any District Health Regulations, the latter standards shell
be maintained. The air quality protection portions of the Operations Plan and
Program shall be approved in writing by the Board of Water and Air Resources
and the District Health Director In advance of permit Issuance.
8.2.6 Stream and Other Surface Water Quality
Stream and other surface water samples shell be taken by the applicant
n r on all property lines abutting the proposed extractive use site. The number.
location. timing. methods of collection and methods of analyzing these samples
shall be approved by the North Carolina Spard of Water and Air Resources. The '
Operations Plan and Program shell contain specific. provisions for maintaining {
Streams and other surface water quality at'the standards obtained from approved
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BOOK 6 FACE 621
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analysis of said surface water samples. Surface water quality shall be maintained
as it existed prior to beginning extractive use operations, except that where
higher standards are set by the Board of Hater and Air Resources the higher stan-
dards shall be maintained. The stream and surface water portions of the Operations
Plan and Program shall be approved in'writing by the Board of Water and Air
Resources in advance of permit issuance, I
8.2.7 Ground Hater Table and Quality
Samples of the level and quality of the ground water table shall be
taken by the applicant on all property lines abutting the proposed extractive
use site. The number, location, timing, methods of collection and methods-of
analyzing these samples shall be approved by the North Carolina Board of Water
.and Air Resources. The Operations Plan and Program shall contain specific pro-
visions for maintaining the level and quality of the ground water table at the
standards obtained from approved analysis of said ground water table samples.
The level and quality of the ground water table shall be maintained as they
existed prior to beginning extractive use operations. except that where higher
standards are set by the Board of Water and Air Resources the higher standards
shall be maintained. The ground water table and quality portions of the
Operations Plan and Program shall be approved in writing by the Board of Water
and Air Resources in advance of permit issuance.
8.2.8 Water Sources and Waste Water Disposal
Estimated required water volumes. the sources of these waters, and
treatment and disposition plans for waste waters shall be clearly shown in the
Operations Plan and Program. The water source and waste water treatment and
disposition plans shall be approved In writing by the Board of Water and Air
Resources.
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,BOOK s FACE
8.2.9 Disposal of Tailings and Other Solid lipstes
Plans for disposition of overburden, tailings and other solid wastes
shall be clearly shown in the Operations Plan and Program. Maximum heights and
locations of all waste storage piles and stockpiles shall also be clearly shown.
8.2.10 Noise
Noise shall be measured on any property line of the tract on which
the proposed extractive use operation is located. Noise shall be muffled so as
not to become objectionable due to intermittance, beat frequency, shrillness or
intensity. At the property line the sound pressure level of noise radiated
continuously from an extractive use shall not exceed tto values given in
Tables 2 and 3 in any octave band frequency. The sound pressure level shall be
measured with a Sound Level Meter and an Octave Band Analyzer that conform to
specifications published by the American Standards Association. (American
Standard Sound Level Meters for Measurement of Noise and Other Sounds.
224.3-1944, and American Standard Specifications for an Octave-Band Filter Set
for the Analysis of Noise and Other Sounds. 224.10-1953. American Standards
Association. Inc.. New York. N.Y.. shall be used.)
Table 2
Maximum permissable sound-pressure levels at specified points
of measurement for noise radiated continuously from a facility.
Frequency Band Decibel*
Cycles Per Second Level
20 75 .......... 69
75 - 150 .......... 54
IS(, - 30L .......... 47
300 - 660 .......... 41
600 - 1.200 .......... 37
1,200 - 2,400 .......... 34
2.400 - 4,Suo .......... 31
MOD - 10.000 .......... 28
10.000 - 20,000 .......... 26) (to avoid possible
20.000 - 30.000 .......... 25) interference with
30.000 - Wow .......... 24) animal experiments)
40,000 - 50,000 .......... 23 )
BOOK 6 FACE 623
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According to the following formula:
Sound Pressure Level in Decibels equals 10 log P
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where P2 equals 0.0002 dynes/=2 2
If the noise is not smooth and continuous. one or more of the oor-
rections in Table 3 below shall be added to or subtracted from each of the
decibel levels given above in Table 2.
Table
Type of Operation or Character of Noise Correction in Decibels
Noise source operates less than 20% of plus 5w
any one hour period
Poise source operates less than 5% of plus 10e
any one hour period
Noise source operates less than 1% of plus 15?
any one hour period
Noise of impulsive character minus 5
(blasting, hammering, etc.)
Noise of periodic character minus 5
(hum, Screech, etc.)
re Apply one of these corrections only.
8.2.11 Glare
Glare, whether direct or reflected, such as from floodlights or high
temperature processes, and as differentiated from general illumination, shall
not be visible at any property line.
8.2.12 Vibration
Vibration shall not be discernible at any property line to the human
sense of feeling for three minutes or more duration in any one hour. Vibration
at any one time shall not produce at any time an acceleration of more than 0.1
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gravities or shall result in any combination of amplitudes and frequencies,
beyond the "safe" range of current standards set by the United States Bureau
of Mines, on any structure. The methods and equations currently approved by
DobK..: 6 PAGE 624
Mines shall be used to eompute all values for the enforcement of this.provision.
8.2.13 Flooding or Depositing
core o
No extractive use/shall conduct any operations which produce a
flooding hazard. erosion hazard. or hazard of depositing excavated materials
on neighboring properties at any time. Dikes, dams. or other barriers necessary
to prevent such hazard shall be included as pert of sold operations Plan and
Program.
8.2.14 Public Read or bridge
No extractive use operations shall be conducted In such away as to
threaten to undermine. flood. or otherwise endanger any public road or bridge.
8.2.15 Fencing
Areas being excavated shall be enclosed with a cyclone-type wire mesh
fare no less then 6 feet in height. located no lass then 10 feat from the ex-
cavation edge.
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,a 8.3 Operations Sand
Each applicant for an Extractive Use Permit shall submit. with the Opera-
tions Plan and Program, an Operations Bond. Said Bond shall be executed by the
applicant as principal and by a corporate surety authorized to do business in
this state. in a form approved by the County Attorney, and shall be deposited
with the County Administrator. Sold Bond shall be made payable to the County,
$300
shall be in a penal sum equal to C=5 per acre of area proposed to be mined
$3,000
under the Extractive Use Permit but not less than a minimum sum of
and shalt be conditioned that the applicant shell faithfully comply with the
., provisions of this ordinance. the terms and conditions of any Extractive Use
Permit which may be issued to,him, and the provisions of the approved Operations
Plan and Program. i
Said Bond shall be maintained as a legally binding obligation throughout
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the perled.for.which the Extroctive Use Permit Is' Issued and for a days
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BOOK 6 f AGE 62.5
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thereafter, unless the applicant voluntarily relinquishes-his Extractive Use Permit
during the period In which it Is effective. In which rase the hoard of County C4m-
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missioners shall order the release of the Bond M days after the data of the re-
go
linquishment if It finds during said *.>-day period no evidence of violations
sufficient to order forfeiture of the Bond.
If the applicant seeks and is Issued a new Extractive use Permit prior to
expiration of the period for which his current Bond is valid. he may extend such
Bond to cover the new period if it 1s in an amount sufficient to meet the require-
ments under the new Permit.
If the license to do business in North Carolina of any surety upon a bond
filed pursuant to this subsection shall be suspended or revoked, the holder of the
Extractive Use Permit shall, within 30 days after receiving notice thereof. sub-
stitute for such surety a good and sufficient corporate surety authorized to do
l+ " " business In this state. Upon failure of the permit holder to make such substitu-
tion. his permit shall automatically be revoked and of no further effect.
f 8.3.1 Bond Forfeiture
1 Whenever it appears to the Zoning Officer that the holder of an Extrac-
1 tive Use Permit has violated or Is violating the provisions of this ordinance. the
terms and conditions of the Extractive Use Permit, or the provisions of the
approved Operations Plan and Program. he shall give the permit holder written
i notice of the violation. at such address as may have been specified on the permit
application. and shall order him to cease anal desist and correct such violation.
The permit :alder may, within 10 days, appear before the Zoning Officer and pro-
sent such evidence as he may desire to prove that no violation has taken place or
exists. If the permit holder does not appear during this period or if the
j Zoning Officer, following his appearance, affirms his original order. the Board
of County Co=Isslonars shall told a hearing 30 days thereafter, after written
notice to the parmlt holder.. If. the Board of County Commissioners shall find at
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BOOK 6 Fact: 626
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such hearing that (a) a violation has taken place or exists and (b) the permit
holder has failed to correct or cease such violation, it shall order forfeiture of
the Operations Bond. Upon the issuance of said order. the Extractive Use Permit
shall automatically become void and of no effect. The County Attorney shalt there-
upon bring action in the name of the county upon the bend.
8.3.2 Use of Proceeds from Forfeited Bonds
Any funds paid to the county as the result of bond forfeitures under
these provisions shall be deposited in a special fund and used to pay part or all
of the expenses of such programs as the county may institute to mitigate the
damages resulting from the violation of these regulations.
8.4 Rehabilitation Plan and Program
A Rehabilitation Plan and Program. as described in the following subdivisions
of this subsection. shall be submitted with each application for an Extractive Use
Permit. This Plan and Program shall Initially be reviewed by the Technical Review
Committee established pursuant to Subsection 8.2. The Technical Review Committee
will report its findings and recommendations to a joint meeting of the Orange
County Board of Commissioners and the Orange County Planning Board. The Planning
Board shall within 30 days after said meeting make its recommendations to the
Board of Commissioners. Upon receipt of such recommendations, the Board of Commis-
sioners may reject the Rehabilitation Plan and Program, approve it with such modi-
fications as it may require. or approve it without change.
The Rehabilitation Plan and Program shall include. but not be limited to, the
following elements and shall comply with the following requirements:
8.4.1 Topographic rap
One reproducible film copy of the topographic map required in Section
8.2.1 shall be submitted as part of the Rehabilitation Plan and Program.
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BOOK 6 FACE b27
8.4.2 Aerial Photograph
The Rehabilitation Plan and Program shall include a clear. accurately
scaled vertical aerial photograph of the proposed extractive use site and all
abutting properties, at a scale of not more than 200 feet per .inch.
8.4.3 Rehabilitation Plan and Program Objective
The Rehabilitation Plan and Program objective shall be cc return the
extractive use site to the condition shown in the topographic map and aerial photo-
graph required in 8.4.1 and 8.4.2.
8.4.4 Regrading, Refertilization, and Vegetation Replacement
Plans and work Schedules
The Rehabilitation Plan and Program shall include detailed plans and work
schedules for regrading, refertilization. and vegetation replacement. developed in
terms of the maximum excavation size and the estimated work schedule for the permit
period required in Section 8.2.3.
8.4.5 Preservation of Topsoil
All topsoil removed in the course of extractive use operations shall be
preserved for rehabilitation use. Plans for storage and protection of topsoil
quality shall be clearly shown.
8.4.6 Cost Estimates
The Rehabilitation Plan and Program shall include estimates of the cost
of restoring the maximum excavation shown in the Operations Plan and Program to
surface topography and other conditions existing prior to beginning the extractive
use operation. Cost estimates shall also be made for restoring any existing exca-
vated areas and the area scheduled to be excavated during the permit period. All
such estimates shalt be certified as approximately correct by a civil engineer
licensed in the State of North Carolina.
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5.4.7 Volumetric Inventory
In every .ease where the application for an Extractive Use Permit is for
continuation of work on a particular site, it shall include a volumetric inventory
by good photogrammetric methods, prepared b-1 an authority approved by the Technical
Review Committee. Said inventory showing the volume of the excavation, and the
velure of all stockpiles. solid waste piles and other excavated materials remai.nine
on the site shall be submitted to the Technical Review Committee for comparison
with the estimates made in the previous year's application as a basis for judging
the validity of the current cost estimates.
8.5 Rehabilitation Bond '
Each applicant for an Extractive Use Permit shall submit, with the Rehabili-
tation Plan and Program, a Rehabilitation Bond. Said Bord shall be executed by
the applicant as principal and by a corporate surety authorized to do business in
this state, in a form approved by the County Attorney, and shall be deposited with
the County Administrator. Said Bond shall be made payable to the County, shall be
in a penal sum equal to the estimated cost of rehabilitating any existing excavatec
areas and the area scheduled to be excavated during the permit period. and shall
be conditioned that the applicant shall faithfully perform the rehabilitation
measures provided for by the approved Rehabilitation Plan and Program.
Said Bond shall be maintained as a legally binding obligation until such
time as the Board of County Commissioners determines that all rehabilitation work
required by the Rehabilitation Plan and Program has been completed and vegetation
is in a state of good health two calendar years after completion of rehabilitation
work and vegetation replacement on the site. Portions of the Rehabilitation Bond
may be released by the Board of County Commissioners from time to time, upon pre-
sentation of satisfactory evidence that portions of the Rehabilitation Plan and
Program have been completed and that vegetation meats the above requirements and
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BOOK B FACE 629
upon a recommndation by the Technical Review Committee as to the amount of the
Bond corresponding to the completed work.
8.5.1 Bond Forfeiture
If the Board of County Commissioners shall find, after a hearing, that
extractive use operations have been discontinued for a period of six coaisecutive
calendar months on a site for which a Rehabilitation Bcpd was FPsted and that no
I
major attempts have been made to implement the Rehabilitation Plan and Program
within that period. although rehabilitation work called for under said Plan and
Program had not been completed, it shall order forfeiture of the Rehabilitation
Bond. Upon the issuance of this order, the Extractive Use Permit shall iamdiately
becoma void and of no effect. The County Attorney shall thereupon bring action
in the name of the county upon the bond.
8.5.2 Use of Proceeds from Forfeited Bonds
Any funds paid to the county as bond forfeitures under these provisions
shall be used b; the county to carry out. to the extent possible, the requirements
of the approved Rehabilitation Plan and Program which the permit holder has failed
to complete.
8.6 Effect of Permit Revocation or Bond Forfeiture on Future Applications
whenever an Extractive Use Permit is revoked or becomes void because of a
violation of this ordinance, the terms and conditions of tae permit. or the pro-
visions of the Operations Plan and Program or of the Rehabilitation Plan and Pro-
gram, or whenever an Operations Bond or a Rehabilitation Bond is ordered forfeited,
the permit holder shall not thereafter be issued an Extractive Use Permit for a 4
E
period of one year, unless he sooner corrects all existing and past violations.
Following a second offense, the permit holder shall not thereafter be issued an
Extractive Use permit for a period of three years. unless he sooner corrects all
existing and past violations.
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BOOK B -,AGE 630 -te-
8.7 Private Relief Against Nuisance or Hazard
Nothing in this ordinance shell be construed to restrict or impair the
right of any private or public person. association. corporation. officer. or
agency to bring legal or equitable actions for redress against nuisances or
hazards.
1
BOOK 6 FACE 631
Pro osed Armendments the Cha al Hill Township Zoning Ordinance
Section 9
Extractive Use Processing
(New section:
Insert in Ordinance after Section 8 and re-number all succedding sections)
11,
Section 9. Extractive Use Processing
Extractive Use Processing., including any and all types, forms and degrees of
mechanical, chemical, heat, water and all other forms of treatment which may be
employed in any way to change, vary, alter or modify any elements, minerals, rock,
gravel, sand, soli, clay, topsoil or other substances mined, stripped, quarried or
otherwise removed shall be permitted only in Rural,Processing Districts provided,
however, that limited processing in accordance with the terms of a Limited Extrac-
tive Use Permit and subsection 8.1.2 hereof shall be permitted in Rural Industrial
Districts.
9.1 securing of Permits and Approvals
All permits required by this ordinance shall be issued and all required
approvals obtained prior to beginning any extractive use processing operations.
No one shall commence or continue an extractive use processing operation as
defined herein without a special Extractive Use Processing Permit issued, after a .
duly advertised public hearing, by the Orange County Board of Commissioners on
recommendation of the Orange County Planning Board or a Limited Extractive Use
Permit issued by the Orange County Board of Adjustment pursuant to subsection
8.1.2 hereof. Any such permit shall authorise extractive use processing operations
of a stated type at a specific location for a•period of one year from the date of
its issuance. Any permit holder wishing to modify the terms of his permit during i
the course of the year shall submit an application for a new permit. All permit
applications shall be submitted and considered in the same manner, whether they
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BOOK' B FACE 632
are for an original permit. a renewal at the expiration of a one-year period. or
a modified permit.
9.1.1 Extractive Use Processing Permit
In all cases except those which meet the requirements for a Limited
Extractive Use Permit set forth in subsection 8.1.2. an Extractive Use Processing
Permit shall be required. In every ease where the holder of a Limited Extractive
Use Permit is found by the Board of Adjustment, after a hearing, to have violated
I? the terms and provisions of such permit after receiving notice of.such violation
from the Zoning Officer, he shall be required to secure an Extractive Use Proces-
sing Permit.
In every ease where extractive use processing is to take place on the
same premises as an extractive use, an Extractive Use Permit shall be applied for
` and secured prior to the application for the Extractive Use Processing Permit.
No Extractive Use Processing Permit shall be issued until (a) an
Operations Plan and Program have been submitted and approved as provided in
Section 9.2 and (b) an Operations Bond has been filed as provided in Section 9.3.
Compliance with the terms of the approved Operations Plan and Program shrill be a
condition of the Extractive Use Processing Permit, and any failure to comply will
automatically revoke said permit.
An application fee of $IUO will be charged each applicant for an
Extractive Use Processing Permit. to cover a portion of the cost of examining
his proposal. No refund will be made in the event that the application is turned
down.
9.1.2 Existing Extractive Use Processing Operations
All extractive use processing operations which have begun in the areas
subject to this ardinance prior to shall comply with the
requirements of this Section within a period of 90 days following such date.
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BOOK 6 FACE 633
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It shall be unlawful to continue such operations beyond such period without the
permits required herein and without full compliance with the terms of this Section.
1
It shall be unlawful for any other extractive use processing operation to fail to
comply with all such requirements from and after the affective
f
date of this Section. The non-conforming use provisions of this ordinance shall
r
not be construed to exempt any existing extractive use processing operation from
f
compliance with these requirements.
9.2 Operations Plan and Program
An Operations Plan and Program. as described in the following subdivisions of i
this subsection, shall be submitted with each application for an Extractive Use
i
Processing Permit. This Plan and Program shall initially be reviewed by the
Technical Review Committee created pursuant to Section 8.2 hereof. The Technical
Review Committee will re i
port its findings and recaramendations to a joint meeting
of the Orange County Board of Commissioners and the Orange County Planning Board.
The Planning Board shall within 30 days after said meeting make its recommendations
to the Board of Commissioners. Upon receipt of such recommendations the Board of
Commissioners may reject the operations Plan and Program, approve it with such
modifications as it may require, or approve it without change.
The Operations Plan and Program shall include. but not be limited to. the
following elements and shall comply with the following requirements:
9.2.1 Buffer Strip
A buffer strip of well-kept trees, shrubbery, and grass shall be vain-
tained on the processing site for a distance of•not less than 200 feet from any
exterior property line or main travelled roadway line. No excavating, processing.
storage. or loading of any kind shall be conducted within the buffer strip.
9.2.2 Air Quality
i
-- Air samples shall be taken by the applicant on all property lines abuttin
the proposed extractive use processing site. TN number. location. timing. methods
BOOK 6 FACE 634 -4-
of collection and methods of analyzing these samples shell be approved by the North
Carolina Board of Water and Air Resources. The Operations Plan and Program shall
contain specific provisions for maintaining air quality at the standards obtained
from approved analysis of said air samples. Air quality shall be maintained as it
existed prior to beginning extractive use processing operations. except that where
higher standards are set by the Board of Water and Air Resources. or by District
Health Regulations. the latter standards shall be maintained. The air quality pro-
tection portions of the Operations Man and Program shall be approved in writing by
the Board of Water and Air Resources and the District Health Director in advance
of permit issuance.
9.2.3 Stream and Other Surface Water Quality
Stream and other surface water samples shalt be taken by the applicant
an all property lines abutting the proposed extractive use processing site. The
number. location. timing, methods of collection and methods of analyzing these
samples shalt be approved by the North Carolina Board of Water and Air Resources.
The Operations Plan and Program shall contain specific provisions for maintaining
streams and other surfaon water quality at the standards obtained from approved
analysis of said surface water samples. Surface water quality shall be maintained
as it existed prior to the beginning of extractive use processing operations, except
that where higher standards are set by the Board of Water and Air Resources the
higher standards shall be maintained. The stream and surface water portions of the
Operations Plan and Progrlm shall be approved in writing by the Board of Water and
Air Resources in advance of permit issuance.
9.2.4. Ground Water Table and Quality
Samples of the level and'quality of the ground water table shall be
taken by the applicant on all property lines abutting the proposed extractive use
processing site. The number, location, timing, methods of collection and methods
of analyzing these samples shall be approved by the North Carolina Board of Water
. c
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-5_ BOOK 6 F.-LE GM
and Air Resources. The Operations Plan and Program shall contain specific pro-
visions for maintaining the level and quality of the ground water table at the
standards obtained from approved analysis of said ground rater table samples. The
level and quality of the ground water table shall be maintained as they existed
prior to beginning of extractive use processing operations, except that where higher
standards are set by the Board of Water and Air Resources the higher standards shalt
be maintained. The ground water table and quality portions of the Operations Plan
and Program shall be approved in writing by the Board of Water and Air Resources in
advance of permit issuance.
9.2.5 Water Sources and Waste Water Disposal
Estimated required water volumes, the sources of these waters. and treat-
ment and disposition plans for waste waters shall be clearly shown in the Operations
Plan and Program. The water source and waste water treatment and disposition plan
shall be approved by the Board of Water and Air Resources.
9.2.6 Disposal of Tailings and Other Solid Wastes
Plans for disposal of tailings and other solid wastes shall be clearly
shown in the Operations Plan and Program. Where the Technical Review Committee
decides that such plans indicate a possibility of damage to any properties or, vegete
tion as a result of erosion, silting. landslides. or other Incidents of such dis-
posal, it may require the applicant to submit detailed plans and proposals for
rehabilitation of such properties.
9.2.7 Noise
Noise shall be measured on any prororty line of the tract on which the
extractive use processing operation is located. Noise shall be muffled so as not
to become objectionable due to intermittence, beat frequency, shrillness or
intensity. At the property line the sound pressure level of noise radiated con-
tinuously from an extractive use shall not exceed the values given in Tables 2 and
3 in any octave band frequency. The sound pressure level shall be measured with a
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BOOK • 6 FACE 636
-g-
Sound Level Molar and an Octave Band Analyzer that conform to specifications pub-
lished by the American Standards Association. (American Standard Sound Level PL-ters
for Measurement of Noise and Other Sounds. 224.3-1944, and American Standard Speci-
fications for an Octave - Band Filter Set for the Analysis of Noise and Other
Sounds, 224.10-1953. American Standards Association, inc.. New York, N.Y.. shall
be used.)
Table 2
Maximum permissible sound-pressure levels at specified points
of measurement for noise radiated continuously from a facility.
Frequency Band Dee;bml*
C eles r Second Level
20 - 75 ......... 69
75 - 150 .......... 54
150 - 300 .......... 47
300 - 600 .5........ 41
fi00 - 1,200 ..........
37
1.200 - 2,4oo .......... 34
2,400 - 4,800 .......... 31
4,800 IO.000 .......... 28
10,000 - 20,000 .......... 26 )(to evoid
20,000 - 30,000 .......... 25) possible
30.000 - 40,000 .......... 24 ) interference
40,000 - 50,000 .......... 23 ) with animal
experiments)
* According to the following formula:
Sound Pressure Level in•oecibels equals 10 log P
P
2
where P2 equals 0.0002 dynes/..
If the noise Is not smooth and continuous. one or more of the corrections
in Table 3 below shall be added to or subtracted from each of the decibel levels
given above in Table 2.
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Table
Tvoe of O,)oration or Character of Noise Corrogrion in Decibels
Noise source operates less than 20% of
any one hour period plus 5*
Noise source operates less than 5% of
any one hour period plus 10*
Noise source operates less than 1% of
any one hour period plus 15+r
Noise of impulsive character
(blasting, hammering, etc.) minus 5
Noise of periodic character
(hum. screech, etc.) minus 5
t Apply one of these corrections only.
9.2.8 Glare
Glare, whether direct or reflected. such as from floodlights or high 4
temperature processes. and as differentiated from general illumination, shall not
be visible at any property line. '
9.2.9 Vibration
Vibration shall not be discernible at any property line to the human
sense of feeling for three minutes or more duration in any one hour. Vibration at
any time shall not produce at any time an acceleration of more than 0.1 gravities
or shall result in any combination of amplitudes and frequencies, beyond the "safe'
range of current standards set by the United States Bureau of Mines, on any -
structure. The methods and equations currently approved by the Bureau of Mines
shallW used to compute all values for the enforcement of this provision.
9.2.10 Flooding or Depositing
No extractive use processing operations shall be conducted in such a way
as to produce a flooding hazard, erosion hazard, or hazard of depositing excavated
materials on neighboring properties at any time. Dikes. dams. or other barriers
necessary to prevent such hazard shall be included as part of said Operations
Plan and Program.
BOOK . 6 FACE
9.2.11 Public Road or Bridge
No extractive use processing operations shell be conducted in such a cosy
as to threaten to undermine. flood. or otherwise endanger any public road or
bridge.
9.2.12 Fencing
Areas being excavated shall be enclosed with a wire mash fence iaca?ted
no less than 10 feat from the excavation edge.
9.3 Operations Bond
Each applicant for an Extractive Use Processing Permit shall subnlt. with the
Operations Plan and Program, an Operations Bond. Sold Bond shall be executed by
the applicant as principal and by a corporate surety.authorized to do business in.`
this state. In a form approved by the County Attorney. and shall be deposited
with the County Administrator. Said Bond shell be made payable to the County,
$300
?. ,. shall be in a penal sum equal to =7 per acre of area proposed to be mined
?'- under the Extractive Use Procassing Permit but not less than a minimum sum of
$3,000
Ems, and shall be conditioned that the applicant shall faithfully complywith
i
the provisions of this ordinance. the terms and conditions of any Extractive Use
Processing Permit which may be issued to him. and the provisions of the approved
Operations Plan and Program.
Said Bond shell be maintained as a legally binding obligation throughout
90
the period for which the Extractive Use Processing Permit is issued and for = days
thereafter, unless the applicant voluntarily relinquishes his Extractive Use
Processing Permit during the period in which it Is effective. In which case the
go
Board of County Commissioners shell order the release of the Bond G3 days after
• 90
the date of the relinquishment if it finds during said C y period no evidence
of violations sufficient to order forfelture*of the Bond. '
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BOOK 6 FACE 639
If the applicant seeks and is issued a new extractive Use Processing Permit
prior CO expiration of the period for which his Current Bond is valid, he may
extend such Bond to Cover the new period if it is in an amount sufficient to meet
the requirements under the new permit.
If the license to do business in North Carolina of any surety upon a Bond
filed pursuant to this subsection shall be suspended or revoked, the holder of the
Extractive Use Processing Permit shall, within 30 days after receiving notice
thereof, substitute for such surety a good and sufficient corporate surety author-
ized to do business in this state. Upon failure of the permit holder to make such
substitution, his permit shall automatically be revoked and of no further effect.
-3.1 Bond Forfeiture
1•1h.'.never it appears to the Zoning Officer that the holder of an Extrac-
tive Use Processing Permit has violated or is violating the provisions of this
ordinance, the terms and conditions of the Extractive Use Processing Permit, or
the provisions of the approved Operations Plan and Program, he shall give the
permit holder written notice of the violation, at such address as may have been
specified on the permit application, and shall order him to cease and desist and
correct such violation. The permit holder may, within 10 days, appear before the
Zoning Officer and present such evidence as he may desire to prove that no viola-
tion has taken place or exists. If the permit holder does not appear during this
period or H the Zoning Officer, following his appearance, affirms his original
order, the Board of County Commissioners shall hold a hearing 30 days thereafter,
after written notice to the permit holder. If the Board of County Commissioners
shall find at Such hearing that (a) a violation has taken place or exists and (b)
the permit holder has failed to correct or cease such violation, it shall order
forfeiture of the O,aratlons Bong. Upon the issuance of said order, the Extractive
Use Processing Permit will automatically become void and of no effect. The County
Attorney shall thereupon bring action in the name of the county upon tha bond.
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• BOOK 6 FACE 640
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9.3.2 Use of Proceeds from Forfeited Bonds
Any funds nY s paid to the county as the result of bond forfeitures under
these provisions shall be deposited in a special fund and used to pay part or all
I
of the expenses of such programs as the county may institute to mitigate the
damages resulting from the violation of these regulations.
f
9.4 Effect of Permit Revocation or Bond Forfeiture on Future Applications
whenever an Extractive Use Processing Permit is revoked or becomes void
because of a violation of this ordinance, the terms and conditions of the permit,
or the provisions of the Operations Plan and Program.or whenever an Operations Bond
_ is ordered forfeited, the permit holder shall not thereafter be issued an Extractive
use Processing Permit for a period of one year. unless he sooner corrects all
existing and past violations. Following a second offense, the permit holder, shall
not thereafter be issued an Extractive use Processing Permit for a period of three
years, unless he sooner corrects all existing and past violations.
9.5 Private Relief Against Nuisance or Hazard
Nothing in this ordinance shall be construed to restrict or impair the
right of any private or public person. association. corporation, officer, or
i
agency to bring legal or equitable actions for redress against nuisances or
hazards.
There be.ing no further business to come before the board said
meeting was adjourned to meet again on Thursday, June 15, 1967 at
8:00 o'clock P.M. in the office of Commissioner Carl M. Smith in
Chapel Hill, N. C.
Harvey D. Bennett
Chairman
Betty June Hayes, Clerk
S. M. Gattis, Acting Clerk