The purposes of this section are:

   (A)   To provide for the economical availability and removal of sand, gravel, rock and soil vital to the growth of the city and the region;

   (B)   To establish regulations, safeguards and controls in the city regarding noise, dust, traffic, drainage, groundwater quality and other factors which will minimize the environmental and aesthetic impacts on mined or adjacent property;

   (C)   To reduce the potential for pollution caused by wind and soil erosion and sedimentation;

   (D)   To establish the locations, orderly approval process, and the operating conditions under which sand and gravel extraction and processing will be allowed in the city; and to establish conditions which insure the restoration of mined areas consistent with existing and planned land use patterns; and

   (E)   To establish this sand and gravel zoning district as the only zoning district where new sand and gravel operations will be allowed, pursuant to City Council approval of a conditional use permit and annual Council approval of excavation permits.

(‘81 Code, § A1-48) (Ord. 291, passed 4-21-83; Am. Ord. 472, passed 1-25-90)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABANDONMENT. The actual vacancy, for 24 consecutive months, of 20 or more excavated areas without completed grading and installed erosion controls consistent with the approved end use plan. Vacancy shall be conclusively presumed as intent to abandon or vacate the site by the operator.

   COMPLETION OF OPERATIONS, NOTICE THEREOF. A written notice filed with the City

Clerk 18 months prior to the completion of excavation operations. After the 18-month period, active and substantial excavation shall not occur on property so noticed and described. Completion of operations may occur on any definable portion of the property.

   DUST. Airborne, inorganic, particulate matter other than smoke or steam.

   EXCAVATION PERMIT. The annual permit required of all excavation sites/owners by § 150.15(A).

   FISCAL IMPACT ANALYSIS. A comparative analysis provided by the petitioner (or prepared by the city or its consultant and paid for by the petitioner) which itemizes the fiscal impact of property taxes, land uses and public improvement costs of the proposed mining operation and the proposed “end uses” on the city, county and school district in comparison to the fiscal impact property taxes and land uses and public improvement costs of development on the site if no mining would occur. All projections should be at present dollar value, excluding inflation.

   MINERALS. Nonmetallic material found in the earth including but not limited to sand, gravel, rocks, and soil, which may be covered by overburden.

   OPERATOR. Any person or persons, partnerships or corporation, or assignees or any associations, or persons either natural or artificial, including every public or governmental agency engaged in sand and gravel operations.

   OVERBURDEN. Those materials which lie between the surface of the earth and the mineral deposit to be mined.

   PROCESSING. Any activity which may include the crushing, washing, stockpiling, compounding, mixing, or treatment of sand, gravel, rocks or similar mineral products into consumable products such as construction grade sand, gravel, concrete, asphalt and other similar products.

   RECLAMATION, RESTORATION, REHABILITATION. To renew land to a self- sustaining, long term use which is compatible with contiguous land uses and which process shall include the re-establishment of vegetation, soil stability and establishment of safe conditions appropriate to the intended use of the land in accordance with the city’s comprehensive guide plan and the conditional use permit conditions allowing for excavation and/or processing on the site.

   SAND AND GRAVEL OPERATIONS. The removal, extraction, truck hauling, crushing, processing, excavation and/or production of sand, gravel, rocks and similar mineral products.

   STOCKPILING.  

      (1)   Storage of processed or raw materials on the site of the sand and gravel operation. The operations may continue or be sold from the site for up to 18 months after official written notice of completion of operations has been accepted by the City Council.

      (2)   From the date of acceptance of the notice of completion, up to 18 months of final excavation, and an additional 18 months of processing or storage may occur on the site. In no case shall the period of final excavation and storage/processing exceed 36 months after acceptance of notice of completion.

   TOPSOIL. That portion of the overburden which lies within the A and B horizon of soil closest to the surface and which supports the growth of vegetation.

(‘81 Code, § A1-48) (Ord. 291, passed 4-21-83; Am. Ord. 472, passed 1-25-90)

   In establishing a sand and gravel zoning district, the City Council shall find that:

   (A)   Consistency with city plans and policies. The proposed district is consistent with the text and maps of the comprehensive guide plan and the location is suitable in that the excavation, mining, processing, stockpiling or hauling of sand and gravel deposits will not tend to create a nuisance or exceed local, state or federal safety and environmental standards on the adjacent properties. The petitioner for a SG district, at his or her sole cost, shall provide information to help determine the suitability, including, but not limited to a completed zoning amendment application; exhibits illustrating adjacent and on-site buildings and land uses; existing elevations and percent of slope within and 300 feet beyond the perimeter of the site; environment assessment worksheet or impact statements; and fiscal impact analysis.

   (B)   Fiscal impact analysis. The fiscal impact analysis shall include two types of projections:

      (1)   A land use development scenario based on existing comprehensive guide plan and zoning designations.

      (2)   An alternative scenario based upon the assumption that a new SG district with a planned unit development end use is approved. Each fiscal projection shall include estimates of all known public improvement costs, timing of development, new development valuations, total annual property taxes per type of use, short term construction jobs, mining jobs and estimates of permanent jobs to be created based upon the end uses proposed, and the number of households, occupants and school aged children that could occupy the site after completion of each phase of end use development.

   (C)   Size. The proposed SG district shall cover an area of at least 20 acres. This limitation shall not apply when the tract of land is contiguous to an active sand and gravel operation, provided that both tracts are being operated by the same producer.

   (D)   Access. The sand and gravel district shall have direct access to nonresidential, collector streets or county roads of sufficient load carrying capacity to serve traffic generated by the sand and gravel operation.

   (E)   Environmental impacts. An environmental impact statement (as defined by Minnesota Environmental Quality Board Rules) shall be completed for each gravel mining project proposed. The proposed project shall meet the recommended standards provided by the environmental impact statement. The responses and recommendations of the environmental impact statement shall be considered by the City Council prior to any final action on a rezoning request. The application for rezoning shall not be considered complete until the time as final comment has been received on the adequacy of the environmental impact statement.

(‘81 Code, § A1-48) (Ord. 291, passed 4-21-83; Am. Ord. 472, passed 1-25-90)

   Within any SG district, no structure or land shall be used, except for one or more of the following uses:

   (A)   Limited agricultural pursuits, including the raising of crops and other plant materials;

   (B)   Commercial greenhouses and nurseries; and

   (C)   Accessory uses as permitted under § 155.093.

(‘81 Code, § A1-48) (Ord. 291, passed 4-21-83; Am. Ord. 472, passed 1-25-90)

   (A)   Within any SG district the excavation, hauling, mining, stockpiling or processing of sand and gravel deposits and buildings and equipment as are customarily incidental thereto, including concrete and asphalt plants, may be approved by the City Council through the issuance of a sand and gravel conditional use permit. Conditions regarding operations and reclamation/rehabilitation may be attached to the conditional use permit for the sand and gravel operation in order to assure compatibility with present and future land uses. For purposes of enforcement, conditions attached to the permit shall be considered a portion of the city code.

   (B)   Within a sand and gravel district, any centralized processing washing or crushing plant for materials such as sand and gravel, concrete, asphalt or others shall be allowed only as a portion of a conditional use permit. The plant shall be located in a permanent centralized location within the excavation site. Except where the applicant can demonstrate that the plant can meet state and federal air and noise standards at the project property lines, the City Council may require the processing plant to be enclosed within a building with walls from floor to roof, except for materials entries/exits and doorways, and a sealed roof, except for steam and heat exchangers, in order to meet air particulate and noise pollution standards.

   (C)   Portable, pit face crushing equipment may be approved as a portion a conditional use permit provided:

      (1)   The location of the portable crushing equipment meets all mining and/or excavation setbacks for the area in which it is to be located;

      (2)   The top of the portable crushing equipment and all conveyor systems are placed a minimum of 15 feet below the existing grade of the non-excavated pit edge or constructed berm projected within the permanent setback from the property lines; and

      (3)   Expansion of previously non-permitted, existing uses if compatible with sand and gravel operations.

(‘81 Code, § A1-48) (Ord. 291, passed 4-21-83; Am. Ord. 472, passed 1-25-90)

   (A)   In addition to the zoning and conditional use permit notification process required elsewhere in this code, notifications of the proposed sand and gravel district rezoning and/or conditional use permit hearing shall be published once, in the official newspaper of the city, and mailed by the City Clerk, at least ten days prior to the hearing, to all city property owners within 3,600 feet of the proposed central plant processing site or within 350 feet from the property lines of the proposed district and sand and gravel conditional use permit, whichever is greater. In addition, the City Clerk shall notify the City Clerk of each city located within 350 feet of the property lines.

   (B)   The applicant shall supply to the City Clerk a certified list of all city property owners within 3,600 feet of the proposed central processing site or within 350 feet of the property lines of the proposed district and conditional use permit area, whichever is greater, and the adjacent City Clerk’s business address, at least 30 days prior to the hearing date. At least ten days prior to the hearing, the City Planner shall post public hearing notice sign boards on all sides of the property which are adjacent to a public right-of-way.

(‘81 Code, § A1-48) (Ord. 291, passed 4-21-83; Am. Ord. 472, passed 1-25-90)

   In any SG district, the following performance standards shall be observed:

   (A)   Permit required. No sand and gravel operations shall occur except under the terms of an approved sand and gravel conditional use permit with a planned unit development agreement for phased reclamation and proposed end uses of the land. After issuance of the permits, the applicant shall be subject to an annual excavation permit issued by the City Council.

   (B)   Fencing. A minimum six-foot high chain link type fence meeting Minnesota Department of Transportation standards for right-of-way fencing shall be constructed at the property lines at required fence setback lines along all property lines by the operator to control access to any excavation from adjacent developed residential property.

   (C)   Hours of operation. Hours of operation for excavation, processing and truck hauling, which may be amended by the City Council in the conditions attached to the conditional use permit, shall be as follows:

      (1)   Areas less than 3,600 feet to residential areas. The maximum hours of operations for excavation, processing, except concrete and asphalt processing, and truck hauling equipment in a sand and gravel district where these activities are located closer than 3,600 feet to the city’s, or an adjacent city’s, developed or zoned residential property which existed prior to the effective date of this chapter and zoning map amendment, shall be 6:30 a.m. to 5:30 p.m., Monday through Friday, unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures.

      (2)   Areas more than 3,600 feet from residential areas. The maximum hours of operation for excavation, processing, except concrete and asphalt processing, and truck hauling equipment in a sand and gravel district where these activities are located farther than 3,600 feet to the city’s, or an adjacent city’s developed or zoned residential property which existed prior to the date of this chapter or map amendment, shall be 6:00 a.m. to 6:00 p.m., Monday through Saturday, unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures.

      (3)   Processing and mixing extended hours. The maximum hours of operation for concrete and asphalt processing and associated truck hauling equipment, not excavation or crushing, in a sand and gravel district wherein the processing equipment is located in a centralized location and within an enclosed processing building shall be 5:00 a.m. to 10:00 p.m., Monday through Saturday, unless otherwise stipulated in the approved conditional use permit based upon noise and air pollution control mitigation measures.

   (D)   Soil and water conservation and watershed review and recommendations. As a part of the original application for a conditional use permit, and annually with the application for an excavation permit, the applicant shall submit grading plans and phased rehabilitation plans to the Dakota County Soil and Water Conservation Service and to the Vermillion River Watershed Management Organization for review and recommendations. The recommendations on the phased rehabilitation grading, soil and water retention plans shall be reviewed annually by the City Council and may be included as a condition of the conditional use permit or the annual excavation permit.

   (E)   Setback and slopes to adjacent uses or zones.  

      (1)   Berm heights and setbacks from property or zoning district boundaries are as set in Appendix D.

      (2)   Adjacent to residential developed or zoned areas, excavation, mining and stockpiling shall not be conducted closer than 300 feet to any city or adjacent city’s residential or multiple-dwelling structure, residential or multiple-dwelling structure, residential zoning boundary, or proposed residential structure “pad,” existing on the approval date of the sand and gravel conditional use permit.

      (3)   Adjacent to non-residentially developed or zoned areas, excavation, temporary crushing, interior concrete and asphalt production, sedimentation ponds and stockpiling without berming and vegetative buffering shall not be conducted closer than 300 feet to the boundary of an adjoining property line except to reduce the elevation thereof in conforming to the adjoining property, as stipulated in the conditional use permit. Exceptions:

         (a)   In the last 18 months of operation, after filing and acceptance by the City Council of a written notice of intent to complete operations, the operator may complete excavation and reclamation operations to within 100 feet from any nonresidential property line. For a maximum of 36 months after the acceptance of the notice of intent, the operator may stockpile and process on the site, if not prohibited by other sections of this code.

         (b)   In the annual excavation permit, the operator may request approval to complete temporary excavation and temporary crushing to within 100 feet from any property line. This activity may occur for up to one year. The maximum height of any excavation, temporary crushing equipment or temporary stock piles located less than 1,000 feet from the property line shall be a minimum of eight feet below the average height of the adjacent berms within the 100-foot mandatory setback.

      (4)   (a)   During excavation operations, the slope to the bottom of the pit from the required setback line shall be no greater than two feet horizontal to one foot vertical. All unprotected or untreated soil banks, or pit bottoms of excavation areas not excavated to a ground water depth, shall be left with a slope no steeper than 10%, except as specifically stipulated in the conditional use permit or annual permit.

         (b)   Greater slope may be permitted if it is in conformity to the immediately surrounding area. When excavation is completed on a section of the pit, all excavated areas shall be completely graded and seeded in conformity to the surrounding natural topography and in accordance with the city’s comprehensive guide plan and the end use plan for the site. The grades shall provide for sufficient drainage so that both natural and storm water leaves the property at the original or natural drainage points shown on the plan, except where otherwise designated by the City Engineer.

   (F)   Slopes to water bodies. All groundwater or stormwater storage areas resulting from excavation shall be rehabilitated as follows:

      (1)   Any stormwater pond constructed for interim or final end uses shall have a minimum 100- foot natural plant material shore land buffer zone setback constructed by the applicant as part of the reclamation of the site.

      (2)   Stormwater ponds shall have shallow water slopes of 10:1 to 20:1 in areas with less than three feet of water depth.

      (3)   In manmade groundwater lakes, the bottom contour shall be gradually sloping from the shoreline to the deepest portion of the water body at a maximum slope of six feet horizontal to one foot vertical (6:1) for at least 100 feet from the proposed shoreline toward the center of the water body. Beyond 100 feet in horizontal distance, the slope of the bottom contours may be steeper than 3:1 or as stipulated in the sand and gravel mining conditional use permit.

      (4)   Shoreline slopes ascending from any water body shall not exceed one foot vertical to six feet horizontal, except as stipulated in the conditional use permit or excavation permit.

   (G)   Setback and slopes along streets. Sand and gravel excavation, shall not be conducted closer than 100 feet to the right-of-way line of any existing or platted street, road or highway except:

      (1)   Excavation may be conducted within the limits in order to reduce the elevation thereof in conforming to a street grade established by the City Engineer, as stipulated in the conditional use permit for the operation.

      (2)   In the last 18 months of operation, after City Council acceptance of a written notice of intent to complete operations, the operator may complete reclamation grading operations within the 100-foot required setback to any right-of-way property line. The final graded slope to the bottom of the pit from the road right-of-way line shall be no greater than three feet horizontal to one foot vertical.

   (H)   Setbacks of access roads. The mining setback area required may, in part, be used for a central, paved access road as stipulated in the conditional use permit.

   (I)   Visual screening.

      (1)   The minimum required setback area, as set out in Appendix D, along all exterior property lines shall be bermed, landscaped and planted in accordance with the terms and conditions of the sand and gravel conditional use permit. Within the required setback area, the 100 feet adjacent to the property line shall be bermed, the “primary berm,” to a height of 16 feet, with a maximum 2:1 slope and landscaped with a seeded fiber mulched turf and coniferous tree seedlings to a density of 800 seedlings per acre. All areas within the required setback shall be landscaped with a seeded turf within 15 days of excavation.

      (2)   Processing plants and towers from crushing, concrete and asphalt plants shall be located at the lowest or base elevation on the site. The height of the plant and towers, and the base elevation shall be stipulated in the conditional use permit. Plant and towers shall be screened with secondary stockpile berms not to exceed 40 feet in height.

   (J)   Weed control. Weeds and other unsightly or noxious vegetation shall be controlled as necessary to preserve the appearance of the landscaped area. Existing trees and topsoil along existing public rights- of-way shall be preserved, maintained and supplemented for the depth of the setback or as stipulated in the conditional use permit or excavation permit.

   (K)   Location of driveway access. All means of driveway access to a sand and gravel operation from any street shall be so located and designed as to avoid the routing of vehicles from the property over streets that primarily serve abutting residential development.

   (L)   Paving access roads.

      (1)   All access roads from a sand and gravel operation to any public roadway shall be paved with asphalt or concrete for a distance of at least 300 feet to the intersection with a public roadway to minimize dust conditions. During the annual excavation permit review, the City Council may require additional paving length, up to 600 feet on any access road, if dust and truck tracking are identified as a problem by the city. All unpaved access roads shall be treated with a dust retardant on a regular basis as stipulated in the annual excavation permit.

      (2)   Soil tracking from truck hauling onto public roads from the access road may also be reduced through improvements required as part of the annual excavation permit. These improvements may include, but are not limited to:

         (a)   Extension of the pavement length or width on the access road.

         (b)   Installation of a wash facility and wash rack.

   (M)   Dust control standards. All internal roads and access roads within the sand and gravel operations shall be treated to minimize dust conditions as stipulated in the conditional use permit or excavation permit. All processing equipment shall be contained within a fully enclosed building unless otherwise stipulated in the conditional use permit and meeting Minnesota Pollution Control Agency requirements. All processing equipment not enclosed in buildings shall be surrounded by berms at least 30 feet in height. All stockpiles higher in elevation than the permanent berms along property lines shall have permanent sprinkling/wetting equipment to reduce wind erosion from the stock pile.

   (N)   Noise.

      (1)   The maximum noise level at the perimeter of the site shall be within the limit set by the Minnesota Pollution Control Agency and U.S. Environmental Protection Agency. In no case shall the noise level exceed 50 decibels measured at 3,600 feet from the noise making equipment shall be located in enclosed buildings unless otherwise stipulated in the conditional use permit and meeting Minnesota Pollution Control Agency requirements. All processing equipment not enclosed in buildings shall be surrounded by berms at least 30 feet in height. All screens, hoppers and conveyors belts shall be nonmetallic.

      (2)   Noise levels at specific setbacks shall not exceed the following:

         (a)   Centralized crushers:

            1.   Eighty-eight dBa at 100 feet; and

            2.   Fifty dBa at 2,000 feet.

         (b)   Pit face crushers:

            1.   Eighty-three dBa at 100 feet; and

            2.   Fifty dBa at 1,000 feet.

         (c)   Front end loaders:

            1.   Eighty-one dBa at 100 feet; and

            2.   Fifty dBa at 1,000 feet.

         (d)   All other machinery:

            1.   Eighty dBa at 100 feet; and

            2.   Fifty dBa at 1,000 feet.

   (O)   Water pollution. Operators shall comply with all applicable Minnesota DNR and Pollution Control Agency regulations and U.S. Corp of Engineers and Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated waste wash water, shall be deposited in any lake, stream or natural drainage system, except that lakes and ponds wholly contained within the excavation site may be utilized. All human waste materials shall utilize city central sewer disposal or sealed septic tanks with monthly septic tank pumpings.

   (P)   Wastewater. Operators shall dispose of all wastewater used on the site in a manner which will not adversely affect adjoining property and shall use silting ponds or other means of disposing of the suspended solids in the waste water as stipulated in the conditional use permit or excavation permit and approved by the City Engineer.

   (Q)   Removal of buildings. Within a period of 18 months after filing a letter of intent to complete operations or within six months after determination by the Council that the site has been abandoned by the sand and gravel operation, all buildings, structures and plants incidental to the operation shall be dismantled and removed by and at the expense of the sand and gravel producer last operating the building, structure or plant, or the owner of the property, unless the structure or use is compatible with the anticipated ultimate use of the property. All buildings, structures or plants not removed as required by this section may be removed by the city with the costs for the removal charged to the producer last operating on the property or the owner of the property.

   (R)   Topsoil.

      (1)   Stripping of topsoil from either A or B soil horizons shall be done only as used in the excavation and mining operations, that is area-wide stripping without vegetative replanting shall not be allowed. Graded or backfilled areas (or banks in the case of excavations made to a water producing depth) shall be covered with topsoil to a minimum depth of four inches as part of the reclamation process. The topsoil shall be capable of supporting the growth of vegetation. The operator shall guarantee that either:

         (a)   All A horizon topsoil scraped from the site shall be retained at the site and used as surface soil in permanent berms or used for the restoration of the site; or

         (b)   A performance bond or other guarantee stipulating that the operator will replace all topsoil, to a depth of four inches, needed for reclamation of the site is filed with the original conditional use permit.

      (2)   Other soil retention methods may be stipulated in the conditional use permit or excavation permit.

   (S)   Landscaping.

      (1)   Upon replacement of the topsoil, trees, shrubs, legumes, grasses or other ground cover, similar to Minnesota Department of Transportation Mix #800, shall be planted upon the areas in order to avoid erosion. The restoration shall be on a continuing basis as excavation is completed. Berm, stockpiles, drainage channels and setback areas shall be seeded within 15 days after the completion of final grading. All culvert inverts and outlets shall be sodded within 15 days after completion of final grading.

      (2)   The applicant shall be responsible for final grading and reseeding of all reclaimed land, including public parks land. Seeding dates shall be between April 15 and August 15. Additional seeding dates may be approved in the annual excavation permit. On slopes greater than 6%, seeded soils shall be mulched with a fiber or straw hydro-mulch and tacking agent. On slopes less than 6%, a disk anchored straw mulch may be used. Soil erosion fences, bales, dikes or combinations thereof shall be used at the base of slopes greater than 12%. Staked fiber blanket or staked sod shall be installed on all slopes greater than 2:1.

(‘81 Code, § A1-48) (Ord. 291, passed 4-21-83; Am. Ord. 472, passed 1-25-90)

   The applicant shall comply with the following time limits and standards during partial and complete reclamation of the sand and gravel site:

   (A)   At the time of initial application, and as an annual update is necessary during the review of the excavation permit, the applicant shall meet the requirements and procedures for a planned unit development, §§ 155.260 through 155.271, illustrating all present and future staged uses proposed for a sand and gravel site undergoing reclamation. The city may combine public hearings for the conditional use permit and planned unit development end use plan. Each annual excavation permit shall be attached to the original conditional use permit as an amendment thereto. The city may require annual excavation permit applications, that differ from the initially approved operations and end use plans or from the conditional use permit, to be reviewed at a conditional use permit amendment public hearing. Each annual excavation permit shall contain an end use reclamation, restoration and rehabilitation plan for the area in which mining has been completed for that year.

   (B)   All designated community collector street right-of-ways, county road right-of-ways and utility corridors approved as part of an end use planned unit development shall be fixed in vertical and horizontal location and recorded with the County Recorder as per the requirements of the official mapping statutes, M.S. § 462.359, prior to the issuance of the first excavation permit for the site. The approved and recorded official map may be amended from time to time and re-recorded after approval by the City Council.

   (C)   Water bodies and drainage plans.

      (1)   All proposed end use drainage, storage, surface run-off and manmade groundwater lakes or wetland plans are subject to review by the Vermillion River Water Management Organization. All ground water lakes and ground water wetlands created as part of the end use plan for a mined area shall be subject to the city’s shoreland management ordinance. Lakes, wetlands and developable lands within 500 feet of the shoreline shall be classified as “recreational development” shoreland areas. These areas shall adhere to all shoreland setback criteria listed in §§ 155.305 through 155.318 in effect on the date of the original conditional use permit approval unless otherwise stipulated in the conditional use permit.

      (2)   All drainage ways from impervious surfaces of the sand and gravel end use plan shall be graded and drained in a manner to direct runoff to surface water sedimentation and filtration ponds or wetlands prior to release into any groundwater lake or wetland.

      (3)   Ground water lakes and wetlands which are greater than ten acres in water surface created as a part of the mining excavations shall be graded to allow for end use public pedestrian access systems within shorelines designated for public ownership.

   (D)   As a portion of the planned unit development, the applicant shall submit grading plans, including two-foot contour intervals, illustrating the proposed final grades within the portion of the site rehabilitated each year with the application for an annual excavation permit. All rehabilitation areas which are planned for land and building uses, other than permanent open space or agriculture, shall have a final elevation at least 15 feet above the normal ordinary groundwater level; and, the areas shall be planned for gravity connection to the city’s municipal sanitary sewer or storm sewer system or as approved by the City Engineer. If a final elevation plan for the site has not been submitted to the City Council for approval within six months after abandonment or completion of operations, the city may contract to complete the grading plans and the on-site earth movement and rehabilitation work and charge these engineering and construction costs to the applicant or current operator’s performance bond and assess the owner of the property for any costs not covered by the performance bond.

(‘81 Code, § A1-48) (Ord. 291, passed 4-21-83; Am. Ord. 472, passed 1-25-90)

   (A)   Any sand and gravel operation existing and not in compliance with previous city ordinances on the date of the adoption of this subchapter shall be considered a nonconforming use until a time as the property is zoned SG, sand and gravel district.

   (B)   Any sand and gravel operation existing and in compliance with previous city ordinances on the date of the adoption of this chapter shall be permitted to continue subject to the following:

      (1)   The use shall not be permitted to expand its operation beyond the limits of the permit under which it is presently operating.

      (2)   The use shall be immediately subject to the final grading, landscaping, slopes, utility and roadway performance standards of this chapter and shall comply with all provisions within 18 months or upon City Council acceptance of a notice of completion of operations, whichever occurs first. If the completion of excavation and operation is not completed by the operator, the city may complete the restoration and utilize performance bond proceeds and assessment of additional costs to pay for the work.

(‘81 Code, § A1-48) (Ord. 291, passed 4-21-83; Am. Ord. 472, passed 1-25-90)