Willard City Zoning Code

24.76 EXCAVATIONS

24.76.010 General Provisions

Application. The provisions of this ordinance shall apply to all excavation which shall mean the removal of clay, soil, granite, flagstone, slate, shale, limestone, sandstone, sand, gravel, or stone rubble from the earth by excavation, stripping, leveling, or any other process, together with all other types of mining operations where material is removed from the surface or beneath the surface of the earth; and to the construction, maintenance, or operation of access or haulage roads to such activities.
Exceptions.
1. Sod. The provisions of this ordinance shall not apply to the removal of sod.
2. Leveling for Agricultural Purposes. The provisions of this ordinance shall not apply to the leveling of land to enhance agricultural production where the grade change is less than eighteen inches provided the removal of such material does not involve the commercial disposal of material removed.
3. Excavations for Buildings. The provisions of this ordinance shall not apply to the removal of material to accommodate the construction of a structure or building provided the removal of such material does not involve the commercial disposal of material removed.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.76.020 Operation Standards

Restrictions.
1. Dust, Noise, Vibration, Smoke, Light, And Odor. All equipment and machinery used on the site of an excavation activity shall be constructed, maintained and operated in such a manner as to minimize dust, noise, vibration, smoke, light and odor. Access and haulage roads to and on the site shall be maintained in a dust-free condition by surfacing or other treatment.
2. Spillages And Tracking. Excavation material spilled or material tracked onto a public street or highway by a haulage vehicle shall be immediately cleared and cleaned from such street or highway.
3. Damage To Public Property. Damage or destruction as a result of excavation or haulage which occurs to public streets, public improvements or systems or to public property shall be repaired or replaced to equal or better condition within days, except the repair or replacement shall be immediate when in the judgement of the City such damage or destruction creates a hazard or a disruption to essential services. If the contractor fails to make the appropriate repairs and/or replacement as required, the City shall cause all excavation and hauling of material to cease until the required work is done and approved by the City.
4. Traffic Control And Warnings. Points where haulage vehicles cross or merge with public streets and highways shall be clearly marked with warning to motorists. Flag persons and other appropriate traffic control measures shall be provided as required by the Utah Occupational and Safety Act, the Manual of Uniform Traffic Control Devices and/or the Utah Code Annotated, 1953.
5. Fencing And Barriers. Fencing and other suitable barriers shall be created and maintained on the excavation site where such fencing is practicable and necessary because of dangerous conditions created by excavation.
6. Hours Of Operation. Excavation operations shall not begin before 7:00 a.m. and shall not continue after the hour of 6:00 p.m and no operation shall take place on Sunday or legal holidays. During periods of national or unusual emergency, time and hours of operation may be altered at the discretion of the City.
7. Other Conditions. The City reserves the right to impose other standards to minimize adverse affects to nearby properties and to reduce hazardous operation or site conditions.
8. Protection Of Work, Property, And Persons. The owner/operator will be responsible for initiating, maintaining and supervising all safety precautions a programs in connection with his excavation/hauling. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees affected thereby. The owner/operator will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain as required by the conditions and progress of the excavation/hauling, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the excavation/hauling may affect them. The owner/operator will remedy all damage, injury or loss to any property caused directly or indirectly in whole or in part, by the owner/operator, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In emergencies affecting the safety of persons or the excavation/hauling or property at the site or adjacent thereto, the owner/operator, without special instruction or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.76.030 Excavation And Rehabilitation Plan

Plan Elements. Prior to the commencement of excavation, the construction of haulage roads, the installation or placement of excavation machinery, or any other physical changes or alterations of a site which is, or may be, associated with an excavation activity, an excavation and rehabilitation plan shall be submitted to and approved by the City. Such plans shall contain the following elements:
1. Location. A legal description of the proposed site with a vicinity map showing location, access and haulage routes, land uses and ownerships within one thousand feet, natural drainage, and other significant on-site or near-site features.
2. Topography. A topographic map with a contour interval of not less than five feet, of the site and extending beyond the site a distance of five hundred feet on all sides, and of the haulage route to point where it intersects a public street or highway.
3. Operations. A description of all phases of the contemplated operation and the specific listing of the type of machinery and equipment which will or may be used in the excavation operation along with the equipment manufacturer's or an engineer's estimate of the extent and nature of all noise and dust emissions.
4. Rehabilitation. A physical rehabilitation plan showing the proposed contours after the cessation of the excavation operation along with a description of the methods to be used and the objectives to be accomplished by the rehabilitation plan. Such plan will include details related to placement of topsoil, re-vegetation, grading and surface water movement, and other conditions as directed by the City or its engineer. Rehabilitation shall conform to the following specifications:
5. Staging. Active excavation operations shall be confined to ten acre parcels at any one time. When the excavation is, or is anticipated to be, greater than ten acres in area, excavation and rehabilitation plans shall show the staging of operation and rehabilitation by ten acre parcels.
6. Backfill. Where backfill is proposed or required, the excavation shall be graded with non-organic, non-toxic, non-combustible solids. Materials used or the methods of fill shall not be such as to create a health hazard nor be objectionable because of odor or sight.
7. Grading. Peaks and depressions of excavated areas shall be graded to level or gentle slopes and be in substantial conformity with surrounding topography. Loose or friable material shall not be sloped greater than 30% or a 2-1 slope. Graded or backfilled areas shall not collect or permit stagnant water to remain thereon and all rehabilitation treatments will minimize erosion due to precipitation.
8. Cleanup. Within three months after the cessation of operation, all temporary structures (except fences), equipment, rock piles, rubble heaps or other debris shall be removed, or backfilled into the excavation, so as to leave the premises in a neat and orderly condition.
9. Guarantee. To assure compliance with the provisions of this Ordinance, the owner or operator of any excavation activity shall furnish the City with a guarantee that all repairs/replacements of public property shall be done and that the rehabilitation plan will be completed as required herein and as approved. The guarantee shall be in an amount equal to 125% of the estimated cost to complete the rehabilitation. The guarantee shall be of the following:
  1. A deposit in the form of a bond or an escrow account with an escrow holder approved by the City Attorney and the City Council. The escrow agreement shall stipulate that the money shall be used exclusively for the repairs/replacement of public property and for the rehabilitation of the excavation site. The escrow funds may be withdrawn in an amount equal to 90% of the value of the work done as evidenced by a request for release of funds signed by the person authorized to sign for the owner/operator in the escrow agreement and approved by the City Engineer.
  2. If the request is approved by the City Council, the Mayor will be authorized to sign the request and forward the request to the escrow agent for release of funds.
  3. Under no conditions are funds to be released from the escrow account without the City's approval and Mayor's signature.
  All such guarantees shall be in full force and effective for the period established in the approved rehabilitation plan and/or until the rehabilitation is complete and approved in writing by the City. If the rehabilitation is not completed within one year from the date stated in the rehabilitation plan, the City shall have the right, but not the obligation, to use or cause to be used the guarantee moneys to complete the rehabilitation. In addition thereto, the City may call for release to the City of all or a portion of the guarantee funds to pay for, or to reimburse the City for, expenditures incurred to restore, replace, or repair damage to public property which has not expeditiously completed by the excavation owner/operator, as defined by this section. When such funds are withdrawn from the guarantee account, further excavation activity shall cease until the account is re-established in an amount equal to 125% of the estimated uncompleted, rehabilitation costs.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.76.040 Permits, Enforcement And Penalties

Permit. Application for excavation permit shall be submitted to the planning Commission who shall review the excavation and rehabilitation plans, and other pertinent information, before making recommendations for approval or denial to the City Council. The City Council, after a public hearing, if they are so inclined to hold such hearing, shall thereon make a determination for approved, required guarantee for rehabilitation shall be in effect before such approval becomes valid.
Enforcement. The City Zoning Enforcement Office is hereby designated and authorized to inspect, or cause to be inspected as often as necessary, all excavation activity. Where it is deemed by the Enforcement Officer that an y excavation is not in compliance with this Ordinance, he may pursue legal action, provided that his failure to do so shall not legalize any violation as described therein. Cost incurred by the City to enforce this Ordinance, including attorney fees and reasonable court costs, shall be paid by the violator of these provision.
Penalties. Any person violating any provisions of this Ordinance shall be deemed guilty of a misdemeanor for each day such violation occurs and shall be punished by imprisonment in the County Jail for a period not exceeding six months or by a fine in any sum less the $300.00, or both, provided that a corporation violating a provision, or provisions, of this Ordinance shall be punished by a fine not exceeding $1,000.00 for each and every day such violation occurs. Within 120 days after the adoption of this Ordinance, all existing operations shall comply with the provisions set for herein, provided that in no case shall requirements be imposed which are unreasonable in respect to acceptable engineering standards, as defined by the City, where such conditions exist prior to the enactment of this Ordinance.
Insurance. The owner/operator shall purchase and maintain such insurance as will protect him from claims set for the below which may arise out of or result from the owner/operator's execution of the excavation or hauling, whether such execution be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
1. Claims under workmen's compensation, disability benefit and other similar employee benefit acts:
2. Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees;
3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees;
4. Claims for damages insure by unusual personal injury liability coverage which are sustained
  1. by any person as a result of an offense directly or indirectly related to the employment of such person by the owner/operator, or
  2. by any other person; and
5. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.
6. Certificates of insurance acceptable to the City shall be filed with the City prior to commencement of the excavation or hauling. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled unless at least fifteen days prior written notice has been given to the City.
7. Owner/Operator shall procure and maintain, at his own expense, during the excavating and hauling time, liability insurance as hereinafter specified;
8. Owner/Operator's General Public Liability and Property Damage Insurance including vehicle coverage issued to the owner/operator and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under taken by the owner/operator whether such operations be by himself or by any subcontractor under him. Insurance shall be written with a limit of liability of not less than $500,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $500,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $200,000 aggregate for any such damage sustained by two or more persons in any one accident.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

2025-06

Willard City Zoning Code

24.76 EXCAVATIONS

24.76.010 General Provisions

Application. The provisions of this ordinance shall apply to all excavation which shall mean the removal of clay, soil, granite, flagstone, slate, shale, limestone, sandstone, sand, gravel, or stone rubble from the earth by excavation, stripping, leveling, or any other process, together with all other types of mining operations where material is removed from the surface or beneath the surface of the earth; and to the construction, maintenance, or operation of access or haulage roads to such activities.
Exceptions.
1. Sod. The provisions of this ordinance shall not apply to the removal of sod.
2. Leveling for Agricultural Purposes. The provisions of this ordinance shall not apply to the leveling of land to enhance agricultural production where the grade change is less than eighteen inches provided the removal of such material does not involve the commercial disposal of material removed.
3. Excavations for Buildings. The provisions of this ordinance shall not apply to the removal of material to accommodate the construction of a structure or building provided the removal of such material does not involve the commercial disposal of material removed.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.76.020 Operation Standards

Restrictions.
1. Dust, Noise, Vibration, Smoke, Light, And Odor. All equipment and machinery used on the site of an excavation activity shall be constructed, maintained and operated in such a manner as to minimize dust, noise, vibration, smoke, light and odor. Access and haulage roads to and on the site shall be maintained in a dust-free condition by surfacing or other treatment.
2. Spillages And Tracking. Excavation material spilled or material tracked onto a public street or highway by a haulage vehicle shall be immediately cleared and cleaned from such street or highway.
3. Damage To Public Property. Damage or destruction as a result of excavation or haulage which occurs to public streets, public improvements or systems or to public property shall be repaired or replaced to equal or better condition within days, except the repair or replacement shall be immediate when in the judgement of the City such damage or destruction creates a hazard or a disruption to essential services. If the contractor fails to make the appropriate repairs and/or replacement as required, the City shall cause all excavation and hauling of material to cease until the required work is done and approved by the City.
4. Traffic Control And Warnings. Points where haulage vehicles cross or merge with public streets and highways shall be clearly marked with warning to motorists. Flag persons and other appropriate traffic control measures shall be provided as required by the Utah Occupational and Safety Act, the Manual of Uniform Traffic Control Devices and/or the Utah Code Annotated, 1953.
5. Fencing And Barriers. Fencing and other suitable barriers shall be created and maintained on the excavation site where such fencing is practicable and necessary because of dangerous conditions created by excavation.
6. Hours Of Operation. Excavation operations shall not begin before 7:00 a.m. and shall not continue after the hour of 6:00 p.m and no operation shall take place on Sunday or legal holidays. During periods of national or unusual emergency, time and hours of operation may be altered at the discretion of the City.
7. Other Conditions. The City reserves the right to impose other standards to minimize adverse affects to nearby properties and to reduce hazardous operation or site conditions.
8. Protection Of Work, Property, And Persons. The owner/operator will be responsible for initiating, maintaining and supervising all safety precautions a programs in connection with his excavation/hauling. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees affected thereby. The owner/operator will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain as required by the conditions and progress of the excavation/hauling, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the excavation/hauling may affect them. The owner/operator will remedy all damage, injury or loss to any property caused directly or indirectly in whole or in part, by the owner/operator, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In emergencies affecting the safety of persons or the excavation/hauling or property at the site or adjacent thereto, the owner/operator, without special instruction or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.76.030 Excavation And Rehabilitation Plan

Plan Elements. Prior to the commencement of excavation, the construction of haulage roads, the installation or placement of excavation machinery, or any other physical changes or alterations of a site which is, or may be, associated with an excavation activity, an excavation and rehabilitation plan shall be submitted to and approved by the City. Such plans shall contain the following elements:
1. Location. A legal description of the proposed site with a vicinity map showing location, access and haulage routes, land uses and ownerships within one thousand feet, natural drainage, and other significant on-site or near-site features.
2. Topography. A topographic map with a contour interval of not less than five feet, of the site and extending beyond the site a distance of five hundred feet on all sides, and of the haulage route to point where it intersects a public street or highway.
3. Operations. A description of all phases of the contemplated operation and the specific listing of the type of machinery and equipment which will or may be used in the excavation operation along with the equipment manufacturer's or an engineer's estimate of the extent and nature of all noise and dust emissions.
4. Rehabilitation. A physical rehabilitation plan showing the proposed contours after the cessation of the excavation operation along with a description of the methods to be used and the objectives to be accomplished by the rehabilitation plan. Such plan will include details related to placement of topsoil, re-vegetation, grading and surface water movement, and other conditions as directed by the City or its engineer. Rehabilitation shall conform to the following specifications:
5. Staging. Active excavation operations shall be confined to ten acre parcels at any one time. When the excavation is, or is anticipated to be, greater than ten acres in area, excavation and rehabilitation plans shall show the staging of operation and rehabilitation by ten acre parcels.
6. Backfill. Where backfill is proposed or required, the excavation shall be graded with non-organic, non-toxic, non-combustible solids. Materials used or the methods of fill shall not be such as to create a health hazard nor be objectionable because of odor or sight.
7. Grading. Peaks and depressions of excavated areas shall be graded to level or gentle slopes and be in substantial conformity with surrounding topography. Loose or friable material shall not be sloped greater than 30% or a 2-1 slope. Graded or backfilled areas shall not collect or permit stagnant water to remain thereon and all rehabilitation treatments will minimize erosion due to precipitation.
8. Cleanup. Within three months after the cessation of operation, all temporary structures (except fences), equipment, rock piles, rubble heaps or other debris shall be removed, or backfilled into the excavation, so as to leave the premises in a neat and orderly condition.
9. Guarantee. To assure compliance with the provisions of this Ordinance, the owner or operator of any excavation activity shall furnish the City with a guarantee that all repairs/replacements of public property shall be done and that the rehabilitation plan will be completed as required herein and as approved. The guarantee shall be in an amount equal to 125% of the estimated cost to complete the rehabilitation. The guarantee shall be of the following:
  1. A deposit in the form of a bond or an escrow account with an escrow holder approved by the City Attorney and the City Council. The escrow agreement shall stipulate that the money shall be used exclusively for the repairs/replacement of public property and for the rehabilitation of the excavation site. The escrow funds may be withdrawn in an amount equal to 90% of the value of the work done as evidenced by a request for release of funds signed by the person authorized to sign for the owner/operator in the escrow agreement and approved by the City Engineer.
  2. If the request is approved by the City Council, the Mayor will be authorized to sign the request and forward the request to the escrow agent for release of funds.
  3. Under no conditions are funds to be released from the escrow account without the City's approval and Mayor's signature.
  All such guarantees shall be in full force and effective for the period established in the approved rehabilitation plan and/or until the rehabilitation is complete and approved in writing by the City. If the rehabilitation is not completed within one year from the date stated in the rehabilitation plan, the City shall have the right, but not the obligation, to use or cause to be used the guarantee moneys to complete the rehabilitation. In addition thereto, the City may call for release to the City of all or a portion of the guarantee funds to pay for, or to reimburse the City for, expenditures incurred to restore, replace, or repair damage to public property which has not expeditiously completed by the excavation owner/operator, as defined by this section. When such funds are withdrawn from the guarantee account, further excavation activity shall cease until the account is re-established in an amount equal to 125% of the estimated uncompleted, rehabilitation costs.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.76.040 Permits, Enforcement And Penalties

Permit. Application for excavation permit shall be submitted to the planning Commission who shall review the excavation and rehabilitation plans, and other pertinent information, before making recommendations for approval or denial to the City Council. The City Council, after a public hearing, if they are so inclined to hold such hearing, shall thereon make a determination for approved, required guarantee for rehabilitation shall be in effect before such approval becomes valid.
Enforcement. The City Zoning Enforcement Office is hereby designated and authorized to inspect, or cause to be inspected as often as necessary, all excavation activity. Where it is deemed by the Enforcement Officer that an y excavation is not in compliance with this Ordinance, he may pursue legal action, provided that his failure to do so shall not legalize any violation as described therein. Cost incurred by the City to enforce this Ordinance, including attorney fees and reasonable court costs, shall be paid by the violator of these provision.
Penalties. Any person violating any provisions of this Ordinance shall be deemed guilty of a misdemeanor for each day such violation occurs and shall be punished by imprisonment in the County Jail for a period not exceeding six months or by a fine in any sum less the $300.00, or both, provided that a corporation violating a provision, or provisions, of this Ordinance shall be punished by a fine not exceeding $1,000.00 for each and every day such violation occurs. Within 120 days after the adoption of this Ordinance, all existing operations shall comply with the provisions set for herein, provided that in no case shall requirements be imposed which are unreasonable in respect to acceptable engineering standards, as defined by the City, where such conditions exist prior to the enactment of this Ordinance.
Insurance. The owner/operator shall purchase and maintain such insurance as will protect him from claims set for the below which may arise out of or result from the owner/operator's execution of the excavation or hauling, whether such execution be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
1. Claims under workmen's compensation, disability benefit and other similar employee benefit acts:
2. Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees;
3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees;
4. Claims for damages insure by unusual personal injury liability coverage which are sustained
  1. by any person as a result of an offense directly or indirectly related to the employment of such person by the owner/operator, or
  2. by any other person; and
5. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.
6. Certificates of insurance acceptable to the City shall be filed with the City prior to commencement of the excavation or hauling. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled unless at least fifteen days prior written notice has been given to the City.
7. Owner/Operator shall procure and maintain, at his own expense, during the excavating and hauling time, liability insurance as hereinafter specified;
8. Owner/Operator's General Public Liability and Property Damage Insurance including vehicle coverage issued to the owner/operator and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under taken by the owner/operator whether such operations be by himself or by any subcontractor under him. Insurance shall be written with a limit of liability of not less than $500,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $500,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $200,000 aggregate for any such damage sustained by two or more persons in any one accident.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

2025-06

Willard City Zoning Code

24.76 EXCAVATIONS

24.76.010 General Provisions

Application. The provisions of this ordinance shall apply to all excavation which shall mean the removal of clay, soil, granite, flagstone, slate, shale, limestone, sandstone, sand, gravel, or stone rubble from the earth by excavation, stripping, leveling, or any other process, together with all other types of mining operations where material is removed from the surface or beneath the surface of the earth; and to the construction, maintenance, or operation of access or haulage roads to such activities.
Exceptions.
1. Sod. The provisions of this ordinance shall not apply to the removal of sod.
2. Leveling for Agricultural Purposes. The provisions of this ordinance shall not apply to the leveling of land to enhance agricultural production where the grade change is less than eighteen inches provided the removal of such material does not involve the commercial disposal of material removed.
3. Excavations for Buildings. The provisions of this ordinance shall not apply to the removal of material to accommodate the construction of a structure or building provided the removal of such material does not involve the commercial disposal of material removed.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.76.020 Operation Standards

Restrictions.
1. Dust, Noise, Vibration, Smoke, Light, And Odor. All equipment and machinery used on the site of an excavation activity shall be constructed, maintained and operated in such a manner as to minimize dust, noise, vibration, smoke, light and odor. Access and haulage roads to and on the site shall be maintained in a dust-free condition by surfacing or other treatment.
2. Spillages And Tracking. Excavation material spilled or material tracked onto a public street or highway by a haulage vehicle shall be immediately cleared and cleaned from such street or highway.
3. Damage To Public Property. Damage or destruction as a result of excavation or haulage which occurs to public streets, public improvements or systems or to public property shall be repaired or replaced to equal or better condition within days, except the repair or replacement shall be immediate when in the judgement of the City such damage or destruction creates a hazard or a disruption to essential services. If the contractor fails to make the appropriate repairs and/or replacement as required, the City shall cause all excavation and hauling of material to cease until the required work is done and approved by the City.
4. Traffic Control And Warnings. Points where haulage vehicles cross or merge with public streets and highways shall be clearly marked with warning to motorists. Flag persons and other appropriate traffic control measures shall be provided as required by the Utah Occupational and Safety Act, the Manual of Uniform Traffic Control Devices and/or the Utah Code Annotated, 1953.
5. Fencing And Barriers. Fencing and other suitable barriers shall be created and maintained on the excavation site where such fencing is practicable and necessary because of dangerous conditions created by excavation.
6. Hours Of Operation. Excavation operations shall not begin before 7:00 a.m. and shall not continue after the hour of 6:00 p.m and no operation shall take place on Sunday or legal holidays. During periods of national or unusual emergency, time and hours of operation may be altered at the discretion of the City.
7. Other Conditions. The City reserves the right to impose other standards to minimize adverse affects to nearby properties and to reduce hazardous operation or site conditions.
8. Protection Of Work, Property, And Persons. The owner/operator will be responsible for initiating, maintaining and supervising all safety precautions a programs in connection with his excavation/hauling. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees affected thereby. The owner/operator will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain as required by the conditions and progress of the excavation/hauling, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the excavation/hauling may affect them. The owner/operator will remedy all damage, injury or loss to any property caused directly or indirectly in whole or in part, by the owner/operator, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In emergencies affecting the safety of persons or the excavation/hauling or property at the site or adjacent thereto, the owner/operator, without special instruction or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.76.030 Excavation And Rehabilitation Plan

Plan Elements. Prior to the commencement of excavation, the construction of haulage roads, the installation or placement of excavation machinery, or any other physical changes or alterations of a site which is, or may be, associated with an excavation activity, an excavation and rehabilitation plan shall be submitted to and approved by the City. Such plans shall contain the following elements:
1. Location. A legal description of the proposed site with a vicinity map showing location, access and haulage routes, land uses and ownerships within one thousand feet, natural drainage, and other significant on-site or near-site features.
2. Topography. A topographic map with a contour interval of not less than five feet, of the site and extending beyond the site a distance of five hundred feet on all sides, and of the haulage route to point where it intersects a public street or highway.
3. Operations. A description of all phases of the contemplated operation and the specific listing of the type of machinery and equipment which will or may be used in the excavation operation along with the equipment manufacturer's or an engineer's estimate of the extent and nature of all noise and dust emissions.
4. Rehabilitation. A physical rehabilitation plan showing the proposed contours after the cessation of the excavation operation along with a description of the methods to be used and the objectives to be accomplished by the rehabilitation plan. Such plan will include details related to placement of topsoil, re-vegetation, grading and surface water movement, and other conditions as directed by the City or its engineer. Rehabilitation shall conform to the following specifications:
5. Staging. Active excavation operations shall be confined to ten acre parcels at any one time. When the excavation is, or is anticipated to be, greater than ten acres in area, excavation and rehabilitation plans shall show the staging of operation and rehabilitation by ten acre parcels.
6. Backfill. Where backfill is proposed or required, the excavation shall be graded with non-organic, non-toxic, non-combustible solids. Materials used or the methods of fill shall not be such as to create a health hazard nor be objectionable because of odor or sight.
7. Grading. Peaks and depressions of excavated areas shall be graded to level or gentle slopes and be in substantial conformity with surrounding topography. Loose or friable material shall not be sloped greater than 30% or a 2-1 slope. Graded or backfilled areas shall not collect or permit stagnant water to remain thereon and all rehabilitation treatments will minimize erosion due to precipitation.
8. Cleanup. Within three months after the cessation of operation, all temporary structures (except fences), equipment, rock piles, rubble heaps or other debris shall be removed, or backfilled into the excavation, so as to leave the premises in a neat and orderly condition.
9. Guarantee. To assure compliance with the provisions of this Ordinance, the owner or operator of any excavation activity shall furnish the City with a guarantee that all repairs/replacements of public property shall be done and that the rehabilitation plan will be completed as required herein and as approved. The guarantee shall be in an amount equal to 125% of the estimated cost to complete the rehabilitation. The guarantee shall be of the following:
  1. A deposit in the form of a bond or an escrow account with an escrow holder approved by the City Attorney and the City Council. The escrow agreement shall stipulate that the money shall be used exclusively for the repairs/replacement of public property and for the rehabilitation of the excavation site. The escrow funds may be withdrawn in an amount equal to 90% of the value of the work done as evidenced by a request for release of funds signed by the person authorized to sign for the owner/operator in the escrow agreement and approved by the City Engineer.
  2. If the request is approved by the City Council, the Mayor will be authorized to sign the request and forward the request to the escrow agent for release of funds.
  3. Under no conditions are funds to be released from the escrow account without the City's approval and Mayor's signature.
  All such guarantees shall be in full force and effective for the period established in the approved rehabilitation plan and/or until the rehabilitation is complete and approved in writing by the City. If the rehabilitation is not completed within one year from the date stated in the rehabilitation plan, the City shall have the right, but not the obligation, to use or cause to be used the guarantee moneys to complete the rehabilitation. In addition thereto, the City may call for release to the City of all or a portion of the guarantee funds to pay for, or to reimburse the City for, expenditures incurred to restore, replace, or repair damage to public property which has not expeditiously completed by the excavation owner/operator, as defined by this section. When such funds are withdrawn from the guarantee account, further excavation activity shall cease until the account is re-established in an amount equal to 125% of the estimated uncompleted, rehabilitation costs.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025

24.76.040 Permits, Enforcement And Penalties

Permit. Application for excavation permit shall be submitted to the planning Commission who shall review the excavation and rehabilitation plans, and other pertinent information, before making recommendations for approval or denial to the City Council. The City Council, after a public hearing, if they are so inclined to hold such hearing, shall thereon make a determination for approved, required guarantee for rehabilitation shall be in effect before such approval becomes valid.
Enforcement. The City Zoning Enforcement Office is hereby designated and authorized to inspect, or cause to be inspected as often as necessary, all excavation activity. Where it is deemed by the Enforcement Officer that an y excavation is not in compliance with this Ordinance, he may pursue legal action, provided that his failure to do so shall not legalize any violation as described therein. Cost incurred by the City to enforce this Ordinance, including attorney fees and reasonable court costs, shall be paid by the violator of these provision.
Penalties. Any person violating any provisions of this Ordinance shall be deemed guilty of a misdemeanor for each day such violation occurs and shall be punished by imprisonment in the County Jail for a period not exceeding six months or by a fine in any sum less the $300.00, or both, provided that a corporation violating a provision, or provisions, of this Ordinance shall be punished by a fine not exceeding $1,000.00 for each and every day such violation occurs. Within 120 days after the adoption of this Ordinance, all existing operations shall comply with the provisions set for herein, provided that in no case shall requirements be imposed which are unreasonable in respect to acceptable engineering standards, as defined by the City, where such conditions exist prior to the enactment of this Ordinance.
Insurance. The owner/operator shall purchase and maintain such insurance as will protect him from claims set for the below which may arise out of or result from the owner/operator's execution of the excavation or hauling, whether such execution be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
1. Claims under workmen's compensation, disability benefit and other similar employee benefit acts:
2. Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees;
3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees;
4. Claims for damages insure by unusual personal injury liability coverage which are sustained
  1. by any person as a result of an offense directly or indirectly related to the employment of such person by the owner/operator, or
  2. by any other person; and
5. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.
6. Certificates of insurance acceptable to the City shall be filed with the City prior to commencement of the excavation or hauling. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled unless at least fifteen days prior written notice has been given to the City.
7. Owner/Operator shall procure and maintain, at his own expense, during the excavating and hauling time, liability insurance as hereinafter specified;
8. Owner/Operator's General Public Liability and Property Damage Insurance including vehicle coverage issued to the owner/operator and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under taken by the owner/operator whether such operations be by himself or by any subcontractor under him. Insurance shall be written with a limit of liability of not less than $500,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $500,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $200,000 aggregate for any such damage sustained by two or more persons in any one accident.

HISTORY
Adopted by Ord. 2025-06 on 2/13/2025