Any owner, lessee or other person, firm or corporation having an interest in mineral lands in any A District may file with the Municipal Planning Commission an application for authorization to mine minerals therefrom; provided, however, that he shall comply with all requirements of the District in which such property is located.

(Ord. 47-2012. Passed 7-2-12.)

   No quarrying operation shall be carried on or any stock pile placed closer than fifty feet to any property line, unless a greater distance is specified by the Municipal Planning Commission where such is deemed necessary for the protection of adjacent property; provided that this distance requirement may be reduced to twenty-five feet by written consent of the owner or owners of the abutting property. (Ord. 47-2012. Passed 7-2-12.)

   In the event that the site of the mining or quarrying operation is adjacent to the right of way of any public street or road, no part of such operation shall take place closer than twenty-five feet to the nearest line of such right of way.

(Ord. 21-67. Passed 12-4-67.)

   Fencing shall be erected and maintained around the entire site or portions thereof where in the opinion of the Municipal Planning Commission such fencing is necessary for the protection of the public safety, and shall be of a type specified by the Municipal Planning Commission.

(Ord. 47-2012. Passed 7-2-12.)

   All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the City Engineer.

(Ord. 21-67. Passed 12-4-67.)

   The crushing, washing, refining, hydraulic fracturing of rock layers, or other similar processing may be authorized by the Municipal Planning Commission as an accessory use; provided, however, that such accessory processing shall not be in conflict with the use regulations of the district in which the operation is located.

(Ord. 47-2012. Passed 7-2-12.)

   In accepting such plan for review, the Municipal Planning Commission must be satisfied that the proponents are financially able to carry out the proposed mining operation in accordance with the plans and specifications submitted.

(Ord. 47-2012. Passed 7-2-12.)

   (a)   An application for such operation shall set forth the following information:

      (1)   Name of the owner or owners of land from which removal is to be made;

      (2)   Name of the applicant making request for such permit;

      (3)   Name of the person or corporation conducting the actual removal operation;

      (4)   Location, description and size of the area from which the removal is to be made;

      (5)   Location of processing plant used;

      (6)   Type of resources or materials to be removed;

      (7)   Proposed method of removal and whether or not blasting or other use of explosives will be required;

      (8)   Description of equipment to be used; and

      (9)   Method of rehabilitation and reclamation of the mined area.

   (b)   Upon receipt of such application, the Municipal Planning Commission shall set the matter for a public hearing in accordance with the provisions of Section 1127.05.

(Ord. 47-2012. Passed 7-2-12.)

   (a)   To guarantee the restoration, rehabilitation and reclamation of a mined-out area, every applicant granted a mining permit as herein provided shall furnish a performance bond running to the City, in an amount of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000) as a guarantee that such applicant, in restoring, reclaiming and rehabilitating such land, shall within a reasonable time and to the satisfaction of the Municipal Planning Commission meet the following minimum requirements.

   (b)   All excavation shall be made either to a water-producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, noninflammable and noncombustible solids, to secure:

   Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of such mining area where such area is not to be submerged under water as hereinabove provided.

(Ord. 21-67. Passed 12-4-67.)

   The banks of all excavations not backfilled shall be sloped to the water line at a slope which shall not be less than three feet horizontal to one foot vertical and such bank shall be seeded.

(Ord. 21-67. Passed 12-4-67.)

   In addition to the foregoing the Municipal Planning Commission may impose such other conditions, requirements or limitations, concerning the nature, extent of the use and operation of such mines, quarries or gravel pits as the Municipal Planning Commission may deem necessary for the protection of adjacent properties and the public interest. Such conditions and the amount of the performance bond shall be determined by the Municipal Planning Commission prior to issuance of a permit.

(Ord. 47-2012. Passed 7-2-12.)