1. Concrete batch plants and asphalt hot-mix plants may only be located and operated at the sites of sand and gravel pits and rock crushers, or may temporarily be located in conjunction with major construction sites.

2. It must be demonstrated that the operations will conform to state and local pollution regulations and that no damage or nuisance will result from noise, smoke, odor, dust, vibration or erosion.

3. The operation must be compatible with adjacent land uses and with the comprehensive plan. If a gravel pit is located in an area designated in the comprehensive plan as public or open space or in a one hundred (100) year or five hundred (500) year floodplain, the Town may require, as a condition of approval, the reuse of the pit as a lake or other recreational area and its dedication to the Town.

4. Added vehicle traffic, or the character of such traffic created by such operations, must be compatible with existing traffic facilities and uses.

5. Landscaping or appropriate visible barriers may be required to screen the operations from general public view.

1. No excavation of sand and gravel shall be permitted nearer than ten feet (10') to the boundary of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than one hundred twenty-five feet (125') to any existing residence, unless by written agreement the owner or owners of such adjacent property consent to a lesser distance and the Town Council approves such lesser distance. Sand and gravel processing equipment shall be located to minimize nuisance effects such as noise and dust.

2. The operation shall maintain haulage roads in a reasonably dust-free condition. Dust produced by mechanical operation, trucking or road conditions must be controlled. The Town Council shall specify conditions to ensure this requirement is met.

3. The hours of operation shall be determined on a case-by-case basis on such factors as location with respect to residential areas, noise generated, and visibility.

4. All sand and gravel pits shall be excavated in such a manner as to leave an average of not less than two feet (2') of undisturbed sand or gravel, as evenly as possible, over the entire excavation tract to provide a water bearing strata for any existing ground water, unless the rehabilitation plan provides for a permanent lake, or other appropriate reconstruction.

5. In no event shall a slope of less than two to one (2:1) be left when operations are completed unless the approval plans call for other types of stabilized slopes.

6. In all pits, whether known as dry pits or wet pits, the floor of the pit shall be graded in reasonably smooth condition so that excavated areas will not collect water or permit polluted water to remain therein; however, where the rehabilitation plan for the subject property, as approved by the Town Council, provided for a permanent lake, the foregoing requirements shall not apply.

7. The operation may be required to be fenced or otherwise enclosed by the Town Council for health and safety protection.

1. Permit Fee. In addition to the application fee for a special use, the applicant shall pay an annual fee sufficient to cover inspection of all equipment and pits of the operator. The amount of this fee shall be estimated at the time of application.

2. Insurance. The operator shall furnish evidence that he is insured to the extent of not less than one hundred thousand dollars ($100,000.00) against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel and all activities connected with or incidental thereto.

3. Bond. The parties to the permit shall post a performance bond payable to the Town of Parachute in a sum equal to the number of acres covered by the permit which are under development multiplied by five hundred dollars ($500.00) to insure full compliance with all of the terms and conditions of the permit and the rules and regulations of the Town Council pertaining to the extraction and processing of sand and gravel, and those rules and regulations pertaining to rehabilitation of the pits. The Town Council, upon determining that an excavated area complies with all the terms and conditions of the permit, may release such acreage from coverage by the performance bond.

4. Time of Permit. All permits shall be in full force for a period not to exceed five (5) years from date of issuance thereof, unless a shorter time is set by the Town Council. Such temporary permits may be renewable by the Town Council for the same period of time or less; provided, however, that the operator has complied with all the terms and special conditions of the original permit.

5. Cancellation of Permit. The Town Council shall have the power to cancel permits for violation of any of these regulations or conditions. The Town Council shall serve written notice upon the permittee at the address contained in the permit, setting out a clear and concise statement of the violations and directing the permittee to appear at a time certain before the Town Council, not less than ten (10) days nor more than thirty (30) days after the date of service of notice. The Town Council shall hold a hearing to determine the nature and extent of the alleged violation and shall have the power, upon good cause being shown, to cancel or revoke the permit, to require certain corrective measures to be taken, or to enter upon the premises and to take corrective measures, the cost to be assessed against the permittee and his sureties.

1. Dry Pit Rehabilitation. After sand and gravel excavation has been completed in a dry pit, the operator shall spread fill evenly over the bottom of the excavation and excess waste materials. He shall then spread evenly the topsoil to a minimum depth of eighteen inches (18"), unless he produces evidence that the land excavated had less than eighteen inches (18") of topsoil prior to commencement of operations. The topsoil shall be spread so as to produce a new surface for the purpose of growing crops, trees, shrubs, etc. Said new surface shall be planted with legumes, grasses and/or trees and shrubs. The dry pit may be backfilled with clean fill.

2. Wet Pit Rehabilitation. Like dry pit rehabilitation, the wet pit must be filled. Filling must be accomplished in accordance with the conditions set forth for dry pit rehabilitation. In addition, the wet pit may be converted into a lake for recreational or scenic purposes. The following conditions apply to rehabilitation of a wet pit into a lake.