ORDINANCE NO. BL2015-1254

An Ordinance amending Chapters 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, designating “mineral extraction” as a use permitted with conditions in the IG zoning district and adding conditions applicable to this use, all of which is more particularly described herein (Proposal No. 2015Z-016TX-001).

WHEREAS, mineral extraction can pose environmental and health concerns to the community, including the release of particulate matter into the air, removal of vegetation, physical disturbances to the landscape that can contribute to the decline of wildlife and plant species in an area, and water pollution; and

WHEREAS, the Metropolitan Council deems it necessary for the protection of the public health, safety, and welfare that there be certain restrictions on the location and operation of mineral extraction sites in the IG zoning district, especially near residences, parks, and recreation areas.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 17.08.030, District Land Use Tables, is hereby amended by designating “mineral extraction” as a use permitted with conditions (PC) in the IG zoning district.

Section 2. That Section 17.16.130, Other Uses, is hereby amended by adding the following new subsection C.:

C. Mineral Extraction.
1. Street Standard. At a minimum, this use shall have driveway access on a nonresidential collector street.
2. Setback. No mineral extraction activity, including the transport of material extracted, shall occur within 500 feet of any property line, within 1,000 feet of a residential structure, or within 2,000 feet of the property line of a park.
3. Landscape Buffer Yard. Where the site abuts a residential zone district, screening in the form of landscape buffer yard Standard D shall be applied continuously within the setback area required in subdivision 2 of this subsection placed either on the property boundary or along the perimeter of the operation, or both. This screening shall consist of six feet in height densely planted shrubs and/or trees which are of an evergreen type that provide year-round screening, or an opaque wall or barrier of six feet in height. An earthen berm may supplement this screening. All screening shall be maintained in good condition at all times. Areas of hazardous equipment and quarry pits shall be completely enclosed by fencing.
4. Performance Standards. The operation shall minimize disturbances and adverse impacts on surrounding lands using best available current technology. The operation shall comply with the performance standards of the industrial zone district regulations and measures shall be taken to control windborne materials in accordance with Section 10.56.190 of the Metropolitan Code. The application shall demonstrate the methodology necessary to ensure that the operation complies with all applicable federal, state and local laws. Specifically, the following regulations or any subsequent amendments thereto shall apply:
a. Federal new source performance standards (NSPS, 40 CFR Part 60 Sub-part OOO); air pollution control (Tennessee Code Annotated 68-201): Permits required from metropolitan health department (Metropolitan Code, Chapter 10.56);
b. National pollutant discharge elimination system (NPDES, 33 US 1251): Permit required from Tennessee department of environment and conservation (Tennessee Code Annotated 69-3-108);
c. Quarrying and mining operations (Metropolitan Code, Chapter 10.52);
d. Explosive materials code (NFPA 495; Metropolitan Code, Chapter 10.64);
e. Tennessee blasting standards (Tennessee Code Annotated 68-105).
5. Pre-Blast Survey. A pre-blast survey of property within one-half mile of the perimeter of operation shall be conducted and made part of the application. The proposed blasting schedule shall also be submitted. For any property not included in the pre-blast survey, the applicant shall provide sufficient information to demonstrate that the property owner withheld authorization to conduct the survey.
6. Blasting. In addition to mitigating potential damage to surrounding properties from blasting, the operator shall comply with the following:
a. Prior to commencement of operations, the proposed blasting schedule shall be conveyed to every resident living within one-half mile of the proposed blasting site by certified mail and such proof of notification shall be made available for public inspection. Any subsequent change in blasting schedule shall be preceded by a similar notification to the residents and to the zoning administrator;
b. A record of blasting shall be maintained for three years and made available for public inspection. The log shall detail the location of blasts, seismograph readings for each blast, pattern and depth of the drill holes, the amount of explosives used per hole, and the order and length of delay in the blasts;
c. The minimum standards for ground vibration and, airblast overpressure set forth below shall not be exceeded at any time.
i. Ground vibration: .50 inches per second peak particle velocity for frequencies below forty Hertz and 2.0 inches per second peak particle velocity for frequencies greater than 40 hz; the charge weight delay shall be adjusted accordingly to insure compliance with this standard.
ii. Airblast overpressure: 129 peak dBL (linear)-0. 1 hz high-pass system; 128 peak dBL (linear)-2.0 hz high-pass system; 124 peak dBL (linear)-5 or 6 hz high-pass system.
d. All blasts shall be monitored by an independent geotechnical expert in the field of seismology using best available current technology in measurement instrumentation. Such devices shall be placed one each at all four points of the compass surrounding the excavation area. Such monitoring devices shall produce a hard copy record in graph form or equivalent suitable for filing with the department of codes administration as a permanent record. Blasting shall only occur between seven a.m. and seven p.m. Monday through Saturday and may be further restricted to minimize disturbance to surrounding properties.”

Section 3. Be it further enacted that this Ordinance shall take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Larry Hagar, Peter Westerholm, Fabian Bedne, Lonnell Matthews, Phil Claiborne, Karen Johnson, Karen Bennett, Anthony Davis, Megan Barry