§ 54-6. Quarries, pits and mines.

(a)

Applicability. This section shall apply to the operations of sand and gravel pits, quarries, mines and the removal of topsoil, sand, clay, fill dirt or other earth for purposes other than those customarily involved in the grading of streets, highways, rights-of-way, agricultural purposes and such excavation is necessary in preparing land for the construction of foundation, footings, cellars or other structures below the natural grade.

(b)

Plan of operation for excavations. A plan of operation for soil removal or other excavation shall be submitted for approval to the county administrator or his duly authorized agent which shall provide in all respects for the adequate safeguarding and protection of other nearby interests and the general public health, safety, convenience, prosperity and welfare. Such a plan of operation shall include a satisfactory program for restoring the land to a safe and usable condition, so as to reduce the peaks and depressions, maintain erosion due to rainfall and be in substantial conformity to the land area immediately surrounding the site of excavation.

(c)

Soil removal permit required; application. Application for a permit to remove soil for commercial purposes shall be made to the county administrator. The county administrator shall transmit all applications to the planning commission for study and report. The commission shall make its recommendation to the board of supervisors, which shall approve or disapprove a conditional use permit. If approved, the county administrator shall issue the permit. There shall be attached to the application as a part thereof the following:

(1)

A topographical survey showing the limits of excavation and other data such as the location of platted and existing streets, houses, other buildings, natural growth and watercourses.

(2)

The name of all landowners including the owners of the adjacent land.

(3)

The quantity of fill to be removed and a drawing or profile showing the depth of the excavation and the condition of the land at the termination of operations.

All maps, plats, drawings and profiles shall be made by an engineer or other persons certified to do such work by the state.

(d)

Permit expiration; renewal; effect of discontinuance of operations.

(1)

Whenever a permit issued by the county administrator under this section shall have expired, such permit may be renewed by the county administrator, provided that an application is filed within 60 days before any expiration date with the county administrator and that the applicant is carrying out the requirements of his existing permit in good faith.

(2)

Whenever the permit issued by the county administrator shall have expired or whenever the operation of any gravel or sand pit or excavation shall have been discontinued for any period exceeding 12 consecutive months, all plants, buildings, structures, except fences, stockpiles and equipment shall be entirely removed from the property, and the property shall be restored to a safe and usable condition.

(e)

Bond. A bond or other suitable guarantee shall be furnished, if required, prior to undertaking any work under a permit issued under this section guaranteeing the faithful performance of all of the applicable requirements of this section.

(f)

Special use permit. The provisions of this section shall not prohibit the filing of an application for or the granting of a special use permit subject to no conditions or to less or different conditions than those specified in this section.

(g)

Location. The location of the excavation shall be in accordance with the following:

(1)

Excavations shall be confined to areas distant at least ten feet from any and all adjoining property lines or any and all property lines of any platted subdivision. Excavations may be conducted within such limits if the written consent of the owners of the adjoining properties is secured.

(2)

Excavations shall be confined to areas distant at least 20 feet from the right-of-way line of any existing or platted street, road or highway. Excavations may be conducted within such limits in order to reduce the elevation thereof to conform to the existing or established elevation of the adjoining or platted street, road or highway.

(3)

Any building containing power-driven or power-producing machinery or equipment shall be distant at least 200 feet from all adjacent property or at least 200 feet distant from the right-of-way lines of any existing or platted street, road or highway.

(4)

If the property to be used for such excavation is within 100 feet of any platted subdivision, it shall be enclosed along the exterior boundaries thereof, as excavation progresses, by a fence prescribed by the county administrator.

(h)

Noise, dust and vibration control. All equipment, buildings and premises used for the purpose of soil removal or other excavation shall be constructed, maintained and operated in such a manner, as far as practicable, as to eliminate noise, dust or vibrations which are injurious or annoying to persons living in the vicinity.

(i)

Excavation site roadways. All roadways on and all vehicular entrances to and exits from the private properties on which such soil removal or excavation operations are conducted to any public roads shall be located to secure safety, to lessen congestion and to facilitate transportation. Such roadways shall be so maintained as to eliminate any nuisance from dust to neighboring properties.

(j)

Hours of operation. No excavation shall take place or plant operated on any property except between the hours of sunrise and sunset, except in case of public emergency or whenever any reasonable or necessary repairs to equipment are required to be made.

(Code 1988, § 8-6)

State Law reference— Employing minors in mines, quarries, etc., Code of Virginia, § 40.1-100; notice of mining operation to county administrator, Code of Virginia, § 45.1-184.1; dredging sand and gravel in or near waters, Code of Virginia, § 62.1-190 et seq.

(Code 1988, § 8-6)

State law reference

Employing minors in mines, quarries, etc., Code of Virginia, § 40.1-100; notice of mining operation to county administrator, Code of Virginia, § 45.1-184.1; dredging sand and gravel in or near waters, Code of Virginia, § 62.1-190 et seq.