17.116.210 - Natural resource extraction and excavation.
A.
Natural resources extraction and excavation is a conditional use in the MG-1, A-1,
and RFM zones with the exception of those that fall under subsection (G),
"Exemption", of this section. The following are the general requirements for
considering the use of land in the county for natural resource extraction and
excavation:
1.
A conditional use permit shall be obtained prior to beginning any operations.
2.
In order to support the intended commercial mineral extraction or excavation
uses, the minimum acreage shall be a total of five acres.
3.
Development shall adhere to Uintah County Codes and Utah State
regulations.
4.
Any fill to be used on the site will be clean fill, as defined in Chapter 17.08 of
this title.
B.
All applications for a natural resource extraction and excavation conditional use
permit shall be accompanied by the following materials:
1.
A completed application form for a conditional use permit.
2.
Evidence of ownership or control over the land and a legal description of the
property where the extraction operation will be located.
3.
A site plan.
4.
An excavation operations plan.
5.
A written statement detailing how the proposed conditional use complies with
this code.
6.
A reclamation plan as needed based on the location of the site.
7.
A dust control plan as needed based on the location of the site.
C.
In addition to the requirements outlined in subsections (B)(1)—(B)(7) of this section,
a conditional use permit application for a gravel, sand, clay or topsoil pit or similar
excavation must address and satisfy the following requirements:
1.
All pits shall be reclaimed so as not to be hazardous or unsightly at the
termination of operation or use.
2.
If an access road is located within one thousand (1,000) feet of any dwelling,
the road must be maintained.
3.
Before a permit for a gravel, sand, clay or topsoil pit or similar excavation
shall be issued, a bond or other assurance must be furnished to the county in
the amount of five thousand dollars ($5,000.00) for each acre from which
such material is taken as a guarantee that the reclamation will be done. Upon
the completion of the reclamation, as approved by the land use authority, the
bond or other assurance shall be released to the owner. In the event the
reclamation has not been completed within one year from the date of
termination of operation or use of the pit, the board of county commissioners
may declare the bond or other assurance forfeited and may do the required
reclamation with proceeds from said bonds or assurances. It shall be
deemed to be a violation of this title for any person, firm or corporation to fail
to recondition a pit within one year from the date of the cessation of
operations of the pit.
D.
A conditional use permit for an oil or gas well may be approved administratively by
the planning director or designee. Such administrative decision may be made after
seven days mailed notice to property owners within one thousand (1,000) feet of the
boundaries of the subject property. The planning director, or designee, reserves the
right to refer any conditional use permit for oil or gas wells to the county commission
for approval or denial. In the case of denial of any application by the planning
director, or designee, the application shall be forwarded to the board of county
commissioners for final decision. Refer to Section 17.12.200, "Appeals", of this title
for the appeals process. The following conditions must be met for approval to be
granted:
1.
All gas and oil wells must meet the requirements outlined in subsections
(B)(1)—(B)(7) of this section.
2.
Gas and oil wells shall not be located closer than one thousand (1,000) feet
to any dwelling unit, unless written permission is given by the owner of such
dwelling unit.
3.
The impact to existing irrigation systems by gas and oil wells shall be
mitigated to the extent possible so as not to have a negative effect on the
systems.
4.
The use of electric engines is encouraged by the county, however, in the
event that an electric engine cannot be used the applicant must demonstrate
how engine noise will be controlled so has not to have a harmful effect on
neighboring property owners.
5.
Location of any facilities for liquids, chemicals, explosives, flammable,
hazardous or toxic materials shall be in compliance with all applicable federal
and state laws, building codes, and fire codes.
E.
Natural resource extraction and excavation, in accordance with Chapter 17.76 of this
title and this section, shall include, but not be limited to:
1.
Gravel, sand and rock quarries (including rock crushers);
2.
Gas and oil wells (see subsection (D) of this section);
3.
Oil shale, tar sands, and other resources;
4.
The storage and processing of forestry products and other like resources;
5.
Gilsonite; and
6.
Coal and other minerals.
F.
This section applies to all lands within Uintah County whether privately owned or
owned or managed by governmental agencies, except as outlined in subsection (G)
of this section.
G.
Exemption. Any gas or oil wells that are on land that is owned or managed by a
governmental agency will not require a conditional use permit.
(Ord. No. 09-12-2011, O1, § 3, 9-12-2011)