The purpose of this article is to promote the health, safety and welfare of the community and to establish reasonable uniform limitations, standards, safeguards and controls for construction activities within the city; and to control the effect of construction activities upon adjacent properties and other areas of this city. Construction activities include but are not limited to activity done with the use of construction machinery, such as trucks, backhoes, front-end loaders, bulldozers, scrapers, dewatering equipment and compaction equipment.

(Code 1982, § 36-582)

This article shall apply to areas operated for the production of public water supply within the city in which the removal of minerals, including sand and gravel, is a permitted or special use. The standards and requirements set by this article shall govern the issuance, renewal and termination of the material extraction permit required by section 44-1279.

(Code 1982, § 36-583)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dust means airborne particulate matter other than smoke.

Extraction permit and permit mean the permit required by section 44-1279.

Material means nonmetallic material found in the earth, including, but not limited to, sand, gravel, rock and soil, which may be covered by overburden and lime material resulting from the water treatment process.

Overburden means those materials which lie between the surface of the earth and material deposit to be extracted.

Rehabilitation means to renew land to self-sustaining longterm use which is compatible with contiguous land uses, present and future, in accordance with the standards set forth in this article.

Topsoil means that portion of the overburden which lies closet to the earth's surface and supports the growth of vegetation.

(Code 1982, § 36-584)

Cross reference— Definitions generally, § 1-2.

Except as otherwise provided in this article, it shall be unlawful for any operator to engage in the extraction of materials in the city without having first obtained a written permit from the city authorizing the extraction in accordance with this article.

(Code 1982, § 36-585)

The permit required in section 44-1279 shall not apply to on-site emergency work necessary to preserve life or property. When emergency work is performed under this section, the operator performing it shall report the pertinent facts relating to the work to the city manager prior to the commencement of the extraction. The city manager shall review the facts and determine whether an on-site emergency exists and shall, by written memorandum, authorize commencement of the on-site emergency exception if he so determines. An operator commencing on-site emergency work shall, within ten days following the commencement of that activity, apply for the issuance of an extraction permit and on the issuance thereof shall be required to perform such work as determined to be reasonably necessary to correct any environmental impairment occasioned by such work. The city manager may also authorize an on-site emergency exception for similar actions necessary to preserve life or property relative to a material extraction operation processing a valid permit. If action contrary to the existing permit or conditions attached thereto is necessary for safety reasons, the city manager may, upon review of pertinent facts, authorize an emergency exception.

(Code 1982, § 36-586)

(a)

An application for a material extraction permit shall be processed in accordance with the same procedures and requirements specified in article V of this chapter relating to conditional use permits.

(b)

An application for a material extraction and hauling permit shall contain the following:

(1)

The name and address of the operator and owner of the land.

(2)

The correct legal description of the property where the extraction is proposed to occur.

(3)

A certified abstract listing the names of all landowners owning property within 350 feet of the boundary of the property described in subsection (b)(2) of this section and landowners adjacent to proposed haul roads within one-half mile of the extraction site.

(4)

Specifications of the following, using appropriate maps, photographs and surveys:

a.

The physical relationship of the proposed work area to the community and existing development.

b.

Site topography and natural features including location of watercourses and waterbodies.

c.

The description and quantity of material to be excavated.

d.

The depth of water tables throughout the area.

(5)

The purpose of the operation.

(6)

The estimated time required to complete the operation.

(7)

The plan of operation, including processing, nature of the processing and equipment, location of the plant, source of water, disposal of water and reuse of water.

(8)

Travel routes to and from the site.

(9)

The plans for drainage, wind and water erosion control, site security, sedimentation and dust control.

(10)

A geology report analyzing structure, soils and related geological factors to determine appropriateness of the proposed operation as well as suitability of the site to support subsequent use.

(11)

A rehabilitation plan provided for the orderly and continuing rehabilitation of all disturbed land. Such plan shall illustrate, using appropriate photographs, maps and surveys, the following:

a.

The contour of land prior to excavation, after completion of excavation and after completion of rehabilitation;

b.

Those areas of the site to be used for storage of topsoil and overburden;

c.

A schedule setting forth the timetable for excavation and rehabilitation of land lying within the extraction facility;

d.

The slope of all slopes after rehabilitation and description of the type and quantity of plantings where revegetation is to be conducted; and

e.

The criteria and standards to be used to achieve final rehabilitation as well as intermittent stabilization.

(12)

A statement identifying the applicant's program to ensure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints.

(Code 1982, § 36-587)

(a)

Approval by the city council of the plan outlined in the application for a permit under this article shall be for a period not to exceed five years. An overall plan for material extraction will be reviewed by the city council.

(b)

Implementation of the overall plan shall be by means of renewable annual material extraction permits. The purpose of the renewable permit is to ensure compliance with the longer-range overall plan and to retain the ability to modify existing or to attach new conditions in accord with changing characteristics of the site or its surroundings.

(Code 1982, § 36-588)

(a)

The material extraction permit may be terminated by the city for violation of this article and of any conditions of the permit. No permit may be terminated until the city council has held a public hearing and the city council has determined whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The city council may establish certain conditions which, if not complied with by the operator, will result in immediate suspension of operations until the city council holds a public hearing to consider terminating the permit.

(b)

It shall be unlawful to conduct mineral extraction after a permit has been terminated pursuant to this section.

(Code 1982, § 36-589; Ord. No. 848, § 8, 7-12-2004)

(a)

Request for renewal of an annual material extraction permit shall be made 60 days prior to the expiration date. If the application for renewal is not made within the required time, all operations shall be terminated, and reinstatement of the permit may be granted only upon compliance with the procedures set forth in this article for an original application.

(b)

An extraction permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this article when such conditions are reasonable and necessary to ensure compliance with the requirements and purpose of this article. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters:

(1)

Limit the size, kind or character of the proposed operation.

(2)

Require the construction of structures.

(3)

Require the staging of extraction over a time period.

(4)

Require the alteration of the site design to ensure compliance with the standards.

(5)

Require the provision of a performance bond by the operator to ensure compliance with this article or other similar requirements.

(Code 1982, § 36-590)

Neither the issuance of a permit under this article nor compliance with the conditions thereof or with this article shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under this article serve to impose any liability on the city, its officers or employees for any injury or damage to persons or property. A permit issued pursuant to this article does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation.

(Code 1982, § 36-591)

A schedule of fees for the examination and approval of applications for material extraction permits under this article and the inspection of material extraction operations for compliance with the conditions of this article and the permit shall be determined by resolution of the city council, which may, from time to time, change such schedule. Prior to the approval and issuance or renewal of any material extraction permit under this article, such fees shall be paid to the city and deposited to the credit of the general fund.

(Code 1982, § 36-592)

Prior to the approval and issuance of any material extraction permit, there shall be executed by the operator and submitted to the city manager an agreement to construct such required improvements, to dedicate such property or easements, and to comply with such conditions as may have been established by the city council. Such agreement shall be accompanied by a bond with a surety or condition acceptable to the city manager in the amount of the established costs of complying with the agreement. The agreement, bond or letter of credit shall be provided for guaranteeing completion and compliance with the conditions set forth in the permit within the time to be approved by the city council. The adequacy, conditions and acceptability or any bond or letter of credit under this section shall be determined by the city manager.

(Code 1982, § 36-593)

Any operator issued a permit under this article shall furnish the city with a hold harmless agreement, subject to the approval of the city attorney, and shall provide evidence of and shall maintain in force at all times comprehensive general liability and automobile liability insurance with limits of at least $300,000.00/$600,000.00 bodily injury and $100,000.00 property damage liability with the city shown as an additional insured for this operation.

(Code 1982, § 36-594)

Operations permitted under this article shall:

(1)

Not be conducted within 50 feet of an existing street or highway;

(2)

Not be conducted within 30 feet of the right-of-way of an existing public utility;

(3)

Not be conducted within 50 feet of the boundary of any zone where such operations are not permitted;

(4)

Not be conducted within 30 feet of the boundary of an adjoining property not in mining use; or

(5)

Be conducted as directed by the city council.

(Code 1982, § 36-595)

During operations permitted under this article, any area where collections of water are 1½ feet in depth or more or where excavation slopes are steeper than one foot vertical to 1½ feet horizontal and any other areas where obvious danger to the public exists shall be fenced when such a situation has existed or will exist for a period of five working days or longer. The city engineer shall review such fencing to ensure its adequacy. He may waive this requirement or require additional measures based on his judgment and the characteristics of the particular instance. As an alternative, the city engineer may require perimeter fencing of the entire extraction site.

(Code 1982, § 36-596)

The following standards are required at the extraction site of any operation permitted under this article:

(1)

Machinery shall be kept in good repair and painted regularly.

(2)

Other than emergency or minor repairs, vehicle and equipment repairs shall be made off the site.

(3)

Abandoned machinery, inoperable equipment and rubbish shall be removed from the site regularly.

(4)

All structures that have not been used for a period of one year shall be removed from the site.

(5)

All equipment and temporary structures shall be removed and dismantled not later than one month after termination of the extraction operation and expiration of the permit.

(6)

Where practical, stockpiles of overburden and materials shall be used to screen the extraction.

(7)

The perimeter of the site shall be planted or otherwise screened when such is determined by the city council to be necessary.

(8)

Existing trees and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transplanting of trees, shrubs, and other ground cover along all setback areas.

(Code 1982, § 36-597)

The following operating standards shall be observed at the extraction site of any operation permitted under this article:

(1)

The maximum noise level at the perimeter of the site shall be within the limits set by the state pollution control agency and the federal Environmental Protection Agency.

(2)

Extraction and hauling operations shall be performed during only those times established by the city council as part of the permit.

(3)

The use and handling of explosives shall not be allowed.

(4)

Operators shall utilize all practical means to reduce the amount of dust, smoke and fumes caused by the operation, including but not limited to dust on public roads caused by the hauling operation. In no case shall the amount of smoke, fumes, dust or other particulate matter exceed the standards established by the state pollution control agency.

(5)

Operators shall utilize all practical means to eliminate vibration on adjacent property from equipment operation.

(6)

Operators shall comply with all applicable city, county, state and federal regulations for the protection of water quality, including the state pollution control agency and federal Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated washwater, shall be deposited in any lake, stream or natural drainage system.

(7)

All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan.

(Code 1982, § 36-598)

The following rehabilitation standards shall apply to the extraction site of any operation permitted under this article:

(1)

Rehabilitation shall be a continuing operation occurring as quickly as possible after the extraction operation has moved sufficiently into another part of the extraction site.

(2)

All banks and slopes shall be left in accordance with the rehabilitation plan submitted with the permit application. No rehabilitation slopes shall be steeper than five feet horizontal to one foot vertical, except that steeper slopes may be permitted in accordance with the rehabilitation plan when slopes are planned for approved recreational uses; for example, ski hills and sliding hills.

(3)

Slopes, graded areas and backfill areas shall be surfaced with at least three inches of topsoil and planted with ground cover sufficient to hold the soil. Such ground cover shall be tended as necessary until it is self-sustained.

(4)

All water areas resulting from excavation shall be eliminated upon rehabilitation of the site. In unique instances where the city council has reviewed proposal for waterbodies at the time of approval of the overall plan and has determined that such would be appropriate as an open space or recreational amenity in subsequent reuse of the site, waterbodies may be permitted.

(5)

No part of the rehabilitation area which is planned for utilization for uses other than open space or agriculture shall be at an elevation lower than the minimum required for gravity connection to a sanitary or storm sewer.

(Code 1982, § 36-599)