Unified Development Ordinance, 31st Supplement, May 2024

Article 6.7. Accessory Uses & Structures | CHAPTER 6. ​USE REGULATIONS

Sec. 6.6.2. Resource Extraction A. Resource Extraction Use Category Characterized by uses that extract minerals and other solids and liquids from land. Resource extraction includes the following uses. 1. Dredging, earth extraction, gas extraction. 2. Extraction of phosphate or minerals. 3. Extraction of sand or gravel, borrow pit. 4. Land clearing for the purpose of resource extraction. 5. Metal, sand, stone, gravel, clay, mining and other related processing. 6. Stockpiling of sand, gravel, or other aggregate materials. B. Use Standards 1. Except for properties in an IH District or used for industrial uses listed in Article 6.5. Industrial Uses , there shall be provided between overburden storage areas and adjoining properties not owned or leased by the operator, (a) walls, closed fences, berms or any combination equal or greater in height than the height of the overburden or (b) planted vegetation containing the following characteristics: a. Newly planted landscaping shall be of the following varieties: loblolly pine, genetically improved stock, Japanese cryptomeria ‘Yoshino’ and ‘Nellie Stevens’ holly; b. Newly planted pine trees shall be planted double filed with a linear triangle configuration with 20 foot spacing. Yoshino and Nellie Stevens shall be installed in the middle of the tree plantings, with at least 25 percent of each variety being planted; and c. The planted pine trees shall be at least 6 feet tall and the plantedYoshino and Nellie Stevens shall be at least 4 feet tall. 2. Existing woodland vegetation, at least 25 feet in width, which meets or exceeds the screening characteristics of the planted material may be used, in whole or in part, to satisfy the vegetative planting requirements. 3. If planted or existing vegetation is used to screen the overburden, the overburden may not exceed a height of 70 feet or other City ordinances, whichever is more stringent.

4. A property shall be considered “adjoining” if it is separated from the area where overburden is deposited by a street right-of-way 100 feet wide or less. 5. Upon the completion of any deposit of overburden material in any area, the

deposit shall be covered with grass or other ground cover. 6. The following hours of operations shall be observed:

a. Blasting on the property is allowed only between the hours of 9 AM and 5 PM Mondays through Fridays except in the case of emergency. No blasting is allowed on the traditional holidays of NewYear’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. b. Crushing equipment shall operate only between the hours of 6 AM and 9 PM Mondays through Saturdays and only between 1 PM and 9 PM on Sundays. c. Overburden will be deposited, graded or moved about the property only between the hours of 7 AM and 6 PM Mondays through Saturdays. 7. If the operator uses audible back-up warning devices on machinery or equipment, the volume and frequency of the back-up warning devices shall be the minimum required to comply with any applicable law or regulation. 8. All load trucks entering the property shall have a working functioning load cover. Any truck that does not have a working functioning load cover shall not be loaded. Loads on load trucks exiting the property shall be covered. 9. At each exit driveway utilized by loaded trucks, a sign shall be erected reading that all loads exiting the property are required by City ordinance to be covered, and that failure to cover is a violation of the City Code. The sign shall be facing the property and all lettering shall be a minimum of 6 inches tall. 10. The primary crusher shall not be located closer than 300 feet to any outer property boundary and no closer than 600 feet to any Residential District. In lieu of meeting these distances, the primary crusher may be located in any area of the excavation pit that is 50 or more feet below the then current grade surface level, so that the wall of the excavation pit will function as a noise baffle.

6 – 43 Published May 2024

Part 10: Unified Development Ordinance City of Raleigh, North Carolina

Supp. No. 31