CHAPTER 4 - EXCAVATIONS

Part of the City Code of Riverdale, UT.

Local law · Updated June 10, 2026 · 1,041 sections

The text

ARTICLE A. - STREET EXCAVATIONS#

7-4A-1: - DEFINITIONS:#

As used in this article, the following words and terms shall have the meanings ascribed to them in this section:

APPLICANT: Any person who makes application for a permit.

BUSINESS: Any place in the city in which there is conducted or carried on principally or exclusively any pursuit or occupation for the purpose of gaining a livelihood.

CITY: The corporation of Riverdale City, a municipal corporation of the state of Utah.

EMERGENCY: Any unforeseen circumstances or occurrence, the existence of which constitutes an immediate danger to persons or property, or which causes interruption of utility or public services.

ENGINEERING REGULATIONS, REGULATIONS, SPECIFICATIONS AND/OR DESIGN STANDARDS: The latest version of the engineering regulations, specifications, design standards or criteria published or adopted by the public works director.

EXCAVATION: Digging in, cutting into the surface of, or breaking the surface of any street, road, shoulder or highway in the city, with the exception of state highways.

FAILURE: A work site restoration which fails to meet the public works director's specifications, or which results in a deteriorated or substandard condition within the duration of the warranty period. Failure may be settlement of surfaces, deterioration of materials or other surface irregularities. Measurement of failure shall be further defined in the engineering regulations.

INFRASTRUCTURE PROVIDER: A person providing to another, for the purpose of providing telecommunication services to customers, all or part of the necessary system which uses the rights-of-way.

OPERATOR: Any person who provides service over a telecommunications system and directly or through one or more affiliates owns a controlling interest in such system, or who otherwise controls or is responsible for the operation of such a system.

PERMITTEE: Any person which has been issued a permit and thereby has agreed to fulfill the requirements of this article.

PERSON: Means and includes any natural person, partnership, firm, association, provider, corporation, company, organization or entity of any kind.

PIPE DRIVEWAY: A driveway approach which uses a pipe or other means to bridge the gutter.

PRIVATE DRAIN LINE: A pipe installed solely for the transmission of water collected or generated on private property such as drainage, spring or storm water, or condensate into the public drainage system.

PROPERTY OWNER: Person or persons who have legal title to property and/or equitable interest in the property, or the ranking official or agent of a company having legal title to property and/or equitable interest in the property.

PROVIDER: An operator, infrastructure provider, reseller, system lessee or public utility company.

PUBLIC UTILITY COMPANY: Any company subject to the jurisdiction of the Utah state public service commission, or any mutual corporation providing gas, electricity, water, telephone or other utility product or services for use by the general public.

PUBLIC WAY: Means and includes all public rights-of-way and easements, public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys and public drainageways. It does not, however, include utility easements not within public ways of the city.

PUBLIC WORKS DIRECTOR: The public works director or his/her authorized representative.

RESELLER: Any person that provides service over a system for which a separate charge is made, where that person does not own or lease the underlying system used for the transmission and does not install any system in the rights-of-way.

RESIDENT: The person or persons currently making their home at a particular dwelling.

STORM DRAIN: A dedicated pipe, conduit, waterway or ditch installed in a rights-of-way or easement for the transmission of storm and drainage water. This term does not include private drain lines.

SYSTEM LESSEE: Any person that leases a system or a specific portion of a system to provide services.

TELECOMMUNICATIONS SYSTEM OR SYSTEM: All conduits, manholes, poles, antennas, transceivers, amplifiers and all other electronic devices, equipment, wire and appurtenances owned, leased or used by a provider located in the construction, ownership, operation, use or maintenance of a telecommunications system.

WORK SITE RESTORATION: Means and includes the restoring of the original ground or paved hard surface area to comply with engineering regulations, and includes, but is not limited to, repair, cleanup, backfilling, compaction and stabilization, paving and other work necessary to place the site in acceptable condition following the conclusion of the work, or the expiration or revocation of the permit.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-2: - PERMIT REQUIRED; BASIS FOR ISSUANCE:#

Any person desiring to perform work of any kind in a public way within the city, shall make application for a permit. The decision by the city to issue a permit shall include, among other factors determined by the city, the following: A.

The capacity of the public way to accommodate the facilities or structures proposed to be installed in the public way;

The capacity of the public way to accommodate multiple wires in addition to cables, conduits, pipes or other facilities or structures of other users of the public way, such as electrical power, telephone, gas, sewer and water;

The damage or disruption, if any, of public or private facilities, improvements or landscaping previously existing in the public way;

The public interest in minimizing the cost and disruption of construction from numerous excavations of the public way.

(Ord. 555, 1-20-1999)

7-4A-3: - APPLICATION FOR PERMIT:#

Application for a permit shall be filed with the public works director on a form or forms to be furnished by the city forty-eight (48) hours prior to the excavation. Property owners and/or tenants for whom work is being done shall be responsible for obtaining the permits; provided, however, contractors may obtain the permit in the contractor's name. A.

Eligible Persons: No person shall be eligible to apply for or receive permits to do work within the public ways of the city, save and except the following:

Contractors licensed by the state as general contractors;

Providers;

Property owners installing, replacing or maintaining less than five hundred (500) square feet or one hundred (100) linear feet of sidewalk, curb and gutter, or driveway approach, or other work approved by the public works director, upon a portion of the public way adjacent to their residence; or

Persons offering a service which requires occupation of the public way, such as scaffold or staging, staging of a crane, installation or maintenance of electric signs, glass, awnings and painting or cleaning of buildings or signboards or other structures.

Denial Based on Past Performance: The public works director may deny the issuance of permits to contractors, utility companies or other permit applicants who have shown by past performance that in the opinion of the public works director they will not consistently conform to the engineering regulations, specifications, design standards or the requirements of this article.

Plans May Be Required: When necessary, in the judgment of the public works director, to fully determine the relationship of the work proposed to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the engineering regulations, construction specifications and design standards, the public works director may require the filing of engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relationship or compliance, or both, and the application shall be deemed suspended until such plans and sketches are filed and approved.

Approval Required Prior to Commencement: It shall be unlawful for any person to commence work upon any public way until the public works director has approved the application and until a permit has been issued for such work, except as specifically approved to the contrary in this article.

Appeal: The disapproval or denial of an application by the public works director may be appealed by the applicant by the filing of a written notice of appeal within ten (10) days of the action of the public works director. The chief administrative officer shall hear such appeal, if written request therefor be timely filed as soon as practicable, and render his/her decision within two (2) weeks following notice of such appeal.

Limited Authority of Public Works Director: In approving or disapproving work within any public way, or permits therefor, in the inspection of such work; in reviewing plans, sketches or specifications; and generally in the exercise of the authority conferred upon him/her by this article, the public works director shall act in such manner as to preserve and protect the public way and the use thereof, but shall have no authority to govern the actions or inaction of permittees and applicants or other persons which have no relationship to the use, preservation or protection of the public way.

Exceptions to Permit Requirements: A permit is not required from the public works director for hand digging excavations for installation or repair of sprinkler systems and landscaping within the nonpaved areas of the public way. However, these excavations are done at the risk of the excavators and conformance to all city specifications outlined in this article is required.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-4: - FEE FOR PERMIT:#

Consolidated Fee Schedule: The city shall charge and the permittee shall pay upon issuance of the permit, fees for costs associated with the work performed under the permit as outlined in the consolidated fee schedule set forth in subsection 1-12-6C of this code. Such costs include costs for reviewing the project and issuing the permit, inspections of the project, deterioration of the public way or diminution of the useful life of the public way, and other costs to the city associated with the work to be done under the permit. All costs shall be assessed in a nondiscriminatory manner.

Waiver: The public works director may waive permit fees or penalties or portion thereof provided for in this article, when he/she determines that such permit fee or penalty:

Pertains to construction or rehabilitation of housing for persons whose income is below the median income level for the city; or

Pertains to an encroachment on the public way involving a beautification project which furthers specific goals and objectives set forth in the city's strategic plan, master plans or other official documents, including decorative street lighting, building facade lighting, flower and planter boxes, and landscaping.

Additional Charges Authorized: Additional charges to cover the reasonable cost and expenses of any required engineering review, inspection and work site restoration associated with each undertaking may be charged by the city to each permittee, in addition to the permit fee. Additional fees shall be levied at the discretion of the public works director.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-5: - DEPOSIT REQUIRED:#

Before a permit is issued, the applicant shall furnish to the city a deposit in the amount set forth in the consolidated fee schedule set forth in title 1, chapter 12 of this code. If faithful performance of the work authorized by a permit granted pursuant to this article is maintained, the deposit shall be returned to the permittee. The permittee shall guarantee the materials and workmanship for a period of one year from completion of such work, with reasonable wear excepted.

(Ord. 555, 1-20-1999; amd. 2001 Code)

7-4A-6: - PERMIT PROVISIONS:#

Duration; Extensions:

Each permit application shall state the starting date and estimated completion date. Work shall be completed within five (5) days from the starting date or as determined by the public works director. Such determination shall be based upon factors reasonably related to the work to be performed under the permit. Such factors may include, in addition to other factors related to the work to be performed, the following:

The scope of work to be performed under the permit;

Maintaining the safe and effective flow of pedestrian and vehicular traffic on the public way affected by the work;

Protecting the existing improvements to the public way impacted by the work;

The season of the year during which the work is to be performed as well as the current weather and its impact on public safety and the use of the public way by the public;

Use of the public way for extraordinary events anticipated by the city.

The public works director shall be notified by the permittee of commencement of the work within twenty-four (24) hours prior to commencing work. The permit shall be valid for the time period specified in the permit.

If the work is not completed during such period, prior to the expiration of the permit, the permittee may apply to the public works director for an additional permit or an extension, which may be granted by the public works director for good cause shown.

The length of the extension requested by the permittee shall be subject to the approval of the public works director.

Transfer or Assignment Prohibited: Permits shall not be transferable or assignable, and work shall not be performed under a permit in any place other than that specified in the permit. Nothing herein contained shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance and other requirements of this article and under said permit.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-7: - OTHER HIGHWAY PERMITS:#

Applicability to City Permit Requirements: Holders of permits for work on highways owned or under the jurisdiction of other government entities, but located within the city limits, shall not be required to obtain permits from the city under the provisions of this article, unless the work extends beyond the back side of the curb, or beyond any other designated jurisdictional boundary. Any city permit shall not be construed to permit or allow work on a county road or on a state highway within the city without an applicable county or state permit.

Regulation by City Authorized: The public works director, in his or her discretion, shall have the right and authority to regulate work under permits issued by other governmental entities with respect to hours and days of work, and measures required to be taken by the permittee of said governmental entity for the protection of traffic and safety of persons and property. Notwithstanding the foregoing, nothing in this article shall be construed to impose any duty, implied or express, on the city or its employees, officers, agents or assigns, relative to the protection of traffic and safety of persons or property, arising out of the issuance of any permit issued by government entities other than the city, or arising out of any work performed on any public way owned or within the jurisdiction of the city.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-8: - COMPLIANCE WITH SPECIFICATIONS; SITE PERMITTEE IDENTIFICATION:#

Compliance Required: The work performed in the public way shall conform to the requirements of the engineering regulations, design standards, construction specifications and traffic control regulations of the city, copies of which shall be available from the public works director, kept on file in the office of the city recorder and be open to public inspection during office hours.

Identification at Site: Where a job site is left unattended before completion of the work, signage with minimum two inch (2") high letters shall be attached to a barricade or otherwise posted at the site indicating the permittee's name, or company name, telephone number, and after hours telephone number.

Manner of Excavations, Generally; Barricades: All excavations shall be conducted in a manner resulting in a minimum amount of interference or interruption of street or pedestrian traffic. Inconvenience to residents and businesses fronting on the public way shall be minimized. Suitable, adequate and sufficient barricades and/or other structures will be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all of the permittee's equipment is removed from the site and the excavation has been backfilled and proper temporary gravel surface is in place. The permittee shall have a professional patching crew repair all road cuts. The permittee will be responsible for the patch for a period of one year. If the patch fails within one year, the permittee will be notified to replace the patch. If the permittee fails to replace the patch within ten (10) days, the city will use the deposit to replace the patch. If the patch remains functional for one year, the deposit will be returned. From sunset to sunrise, all excavations and intrusions into the rights-of-way shall be clearly and properly barricaded in accordance with the "Manual On Uniform Traffic Control Devices". The permittee shall notify the police department and fire department at least twenty-four (24) hours in advance of any planned excavation requiring street closure or traffic detour.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 815, 9-25-2012; Ord. 854, 5-6-2014)

7-4A-9: - RELOCATION OF STRUCTURES IN PUBLIC WAY:#

Authority to Direct: The public works director may direct any person owning or maintaining facilities or structures in the public way to alter, modify or relocate such facilities or structures as the public works director may require as set forth herein. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone, telecommunication and communication facilities shall specifically be subject to such directives. The person owning or maintaining the facilities or structures shall, at their own cost and expense and upon reasonable written notice by the city, promptly protect, or promptly alter or relocate such facilities or structures, or part thereof, as directed by the city. In the event that such person refuses or neglects to conform to the directive of the city, the city shall have the right to break through, remove, alter or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the city all costs incurred by the city in connection with such work performed by the city, including also design, engineering, construction, materials, insurance, court costs and attorney fees.

Conditions Authorizing: Any directive by the public works director shall be based upon one of the following:

The facility or structure was installed, erected or is being maintained contrary to law or determined by the public works director to be structurally unsound or defective;

The facility or structure constitutes a "nuisance", as defined under state statute;

The permit under which the facility or structure was installed has expired or has been revoked;

The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction; or

The grades or lines of the public way are to be altered or changed.

Police Power: Any directive of the public works director under this section shall be under and consistent with the city's police power. Unless an emergency condition exists, the public works director shall make a good faith effort to consult with the person regarding any condition that may result in a removal or relocation of facilities in the public way to consider possible avoidance or minimization of removal or relocation requirements and provide the directive as far enough in advance of the required removal or relocation to allow the person a reasonable opportunity to plan and minimize cost associated with the required removal or relocation.

Exception: This obligation does not apply to facilities or structures originally located on private property pursuant to a private easement, which property was later incorporated into the public way, if that prior private easement grants a superior vested right.

Penalty for Failure to Comply: Any person owning or maintaining facilities or structures in the public way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the public works director shall be guilty of a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved.

Emergency; Action by City: The city may, at any time, in case of fire, disaster or other emergency, as determined by the city in its reasonable discretion, cut or move any parts of the system and appurtenances on, over or under the public way, in which event the city shall not be liable therefor to a person. The city shall notify a person in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this subsection.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-10: - IMPACT ON EXISTING IMPROVEMENTS:#

Temporary Sidewalk or Curb Ramp: If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel and convenient for users, and consistent with city standards for such.

Paved Areas; Temporary Gravel Surface: Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface until such time as the permanent repairs are completed.

Disturbance of Property:

At any time a permittee disturbs the yard, residence or the real or personal property of a private property owner or the city, such permittee shall ensure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the work.

The costs associated with the disturbance and the return, replacement and/or restoration shall be borne by the permittee. Further, a permittee shall reimburse a property owner or the city for any actual damage caused by the permittee, its subcontractor or its independent contractor, in connection with the disturbance of such property. However, nothing in this subsection shall require the permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the permittee remove, replace or relocate improvements associated with the service provided by the permittee to the property owner and when the permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the permittee on which the permittee relied to its detriment.

Included Acts Specified: Examples of types of acts specifically included in this section are the following:

Removal of sod, lawn, shrubbery, flowers, trees, driveways or fence to install, trench, repair, replace, remove or locate, equipment, cable or other appurtenances of the permittee;

Installation or removal of equipment or other appurtenances of the permittee's system within a private property owner's property or residence which requires drilling, excavating, plastering or the like on the part of the permittee;

Temporarily relocating or moving a piece of personal property or a fixture of a private property owner (such as a motor vehicle, fence, air conditioning, heating unit, or the like) in order to perform some sort of construction, maintenance or repair by the permittee; or

Permanently removing a permittee's equipment or other appurtenances due to the revocation, termination or nonrenewal of the franchise (if applicable).

Drainage Channels Free from Debris: Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the public works director prior to the blockage of the channel.

Extension of Requirements: The requirements imposed upon the permittee extend to any subcontractor or independent contractor that the permittee might employ to perform the tasks pursuant to the permit.

Exception: The requirements of this section shall not apply to the removal by a permittee of a permanent structure placed by a property owner in a public way, unless such property owner has received prior written permission from the city granting the property owner the right to install a permanent structure on a public way, and such written permission has been recorded in the office of the county recorder.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-11: - RESTORATION OF PUBLIC PROPERTY:#

The permittee shall, at its own expense, restore the surface of any public way to its original condition and replace any removed or damaged pavement. All restoration shall conform to the engineering regulations, design standards and specifications promulgated by the city and shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the public works director.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-12: - EMERGENCY WORK:#

Authorized: Any person maintaining pipes, lines or facilities in the public way may proceed with work upon existing facilities without a permit when emergency circumstances demand the work to be done immediately; provided a permit could not reasonably and practicably have been obtained beforehand.

During Business Hours; Notification: In the event that emergency work is commenced on or within any public way of the city during regular business hours, the public works director shall be notified within one-half (1/2) hour from the time the work is commenced. The person commencing and conducting such work shall take all necessary safety precautions for the protection of the public and the direction and control of traffic, and shall ensure that work is accomplished according to engineering regulations, the "Manual On Uniform Traffic Control Devices" and other applicable laws, regulations or generally recognized practices in the industry.

Other than Business Hours; Notification: Any person commencing emergency work in the public way during other than business hours without a permit shall immediately thereafter apply for a permit or give notice during the first hour of the first regular business day on which city offices are open for business after such work is commenced. The person commencing and conducting such work shall take all necessary safety precautions for the protection of the public and the direction and control of traffic, and shall ensure that work is accomplished according to engineering regulations, the "Manual On Uniform Traffic Control Devices" and other applicable laws, regulations or generally recognized practices in the industry. A permit for such emergency work may be issued which shall be retroactive to the date when the work was begun, at the discretion of the public works director.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-13: - TAMPERING WITH TRAFFIC BARRICADES:#

It shall be unlawful for any person to maliciously or wantonly or without authorization and legal cause, extinguish, remove or diminish any light illuminating any barricade or excavation, or to tear down, remove or in any manner alter any rail, fence or barricade protecting any excavation or other construction site.

(Ord. 555, 1-20-1999)

7-4A-14: - FAILURE TO COMPLY:#

Default in Performance:

Any permit may be revoked or suspended and a stop order issued by the public works director, after notice to the permittee for:

Violation of any condition of the permit, the security or of any provision of this article;

Violation of any provision of any other ordinance of the city or law relating to the work; or

Existence of any condition or the doing of any act which does constitute, may constitute, or cause a condition endangering life or property.

A suspension or revocation by the public works director, and a stop order, shall take effect immediately upon entry thereof by the public works director and notice to the person performing the work in the public way. Notice to the person performing the work shall be accomplished when the public works director has posted a stop work order at the location of the work and written notice has been mailed, return receipt requested, to the address indicated by the permittee on the permit.

Design Standards: For failure to conform to the design standards and regulations, the public works director may:

Suspend or revoke the permit;

Issue a stop order;

Order removal and replacement of faulty work;

Require an extended warranty period; and/or

Negotiate a cash settlement to be applied toward future maintenance costs.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-15: - APPEAL OF SUSPENSION, REVOCATION OR STOP ORDER:#

Any suspension, revocation or stop order by the public works director may be appealed by the permittee by filing a written notice of appeal within ten (10) days of the action of the public works director with the city recorder. The city administrator shall hear such appeal, if written request therefor be timely filed, as soon as practicable, and render his/her decision within a reasonable time following filing of notice of appeal.

(Ord. 555, 1-20-1999; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4A-16: - HOLD HARMLESS AGREEMENT; NONLIABILITY OF CITY:#

The permittee agrees to save the city, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The issuance and acceptance of any permit under this article shall constitute such an agreement by the permittee to this section.

This article shall neither be construed as imposing upon the city, its officers, employees and agents, any liability or responsibility for damages to any person injured by or by reason of the performance of any work within the public way, or under a permit issued pursuant to this article; nor shall the city, its officers, officials, employees, agents, volunteers or assigns thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit, or the approval of any work.

(Ord. 555, 1-20-1999)

7-4A-17: - CONFLICTING PROVISIONS:#

Should there be a conflict between the provisions of this article and the provisions of any other ordinance, agreement, franchise or other document governing the excavation of a public way, the more restrictive provisions of the aforesaid documents shall apply.

(Ord. 555, 1-20-1999)

7-4A-18: - PENALTY:#

Unless otherwise specified in this article, a violation of any provision of this article, or failure to comply with an order of suspension, revocation or stop work, shall be a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. Each day the violation exists shall be a separate offense. No criminal conviction shall excuse the person from otherwise complying with the provisions of this article.

(Ord. 555, 1-20-1999; amd. 2001 Code)

ARTICLE B. - MINING OPERATIONS AND GRAVEL PITS#

7-4B-1: - PURPOSE:#

It is the purpose and object of this article to establish reasonable and uniform limitations, safeguards and controls on excavation within the city as herein described. These provisions are deemed necessary in the public interest to affect practices which will provide protection of the tax base, provide for the economical use of vital materials necessary for our economy and give due consideration to the present and future use of land in the interest of promoting the public health, comfort, safety and general welfare.

(1985 Code § 8-1-1)

7-4B-2: - EXCAVATION DEFINED:#

For the purpose of this article, "excavation" shall mean the removal of clay, soil, sand or gravel from the earth by digging, stripping, leveling or any other process, together with all other types of mining operations where material is removed from the earth, except that dredging operations in the bed of existing rivers and streams shall not be covered by this article.

(1985 Code § 8-1-2)

7-4B-3: - ENFORCEMENT:#

Public Works Director to Enforce: The public works director, appointed by the city, is hereby designated and authorized as the officer charged with the enforcement of this article.

Powers and Duties: It shall be the duty of the public works director to inspect or cause to be inspected at regular intervals of not more than three (3) months, or as often as necessary, all excavations. Where it is determined by the public works director that excavation is proceeding not in compliance with the provisions of this article, he shall enforce the provisions of this article and in performance of this duty, may enter actions in the courts where necessary, and his failure to do so shall not legalize any violation of such provisions.

(1985 Code §§ 8-3-1, 8-3-2; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4B-4: - OPERATIONAL REQUIREMENTS:#

General: Persons, firms or corporations engaged in the operation of gravel pits, or making excavations for the removal of soil and gravel, shall, at all times, keep and maintain the same so that they shall not be a public nuisance, and the pits and excavations shall be protected so that children cannot enter upon the premises and so be exposed to conditions that could be hazardous to the lives of such children. The owners and operators of such pit shall, at all times during its operation, keep the same in a sanitary condition and free from hazards to life and health.

Restrictions Specified: All excavation operations conducted or carried on are subject to the following limitations, restrictions and controls:

Equipment, Machinery: All equipment and machinery used on the site of an excavation operation shall be constructed, maintained and operated in such a manner as to minimize dust, noise, vibration, smoke and odor. Access and haulage roads on the site shall be maintained in a dust free condition by asphalt or dustproof oil surfacing or other approved treatment as determined by the public works director.

Barriers: Fencing or other suitable barriers shall be created and maintained on the excavation site or on portions of the site where such fencing is practicable and necessary because of dangerous conditions created by the excavation as determined by the public works director.

Landscaping: The planting of trees and shrubs and other appropriate landscaping are encouraged where natural conditions make such feasible and practicable in order to screen excavation operations from normal view, to enhance the general appearance and to minimize the damaging effect of such operations to the beauty and character of the surrounding countryside.

Manufacturing Processes: The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready mixed concrete, the production of asphalt mixes and any similar production or manufacturing process which might be related to the excavation operation shall not be permitted except as otherwise provided in title 10, "Zoning And Subdivision Regulations", of this code.

Wastewater Discharges: The washing of sand and gravel shall be done so as to prevent the discharge of wastewater onto any public or private roads or any private property without the consent of the owner, or into any running stream without permission of the proper authority.

Excavation and Backfilling:

Where backfilling is required in accordance with section 7-4B-5 of this article, the excavation shall be graded or backfilled with nonnoxious, nonflammable, noncombustible solids. The materials used or the method of fill shall not be such as to create a health hazard nor which would be objectionable as determined by the public works director because of odor or unsightliness. This backfill must be of such material as will encourage natural vegetation to reappear.

The graded or backfilled area shall not be contoured so that it will collect and permit stagnant water to remain thereon.

The peaks and depressions of the excavation area shall be reduced to a surface which will result in level or gently sloping topography in substantial conformity to the land area immediately surrounding and which will minimize erosion due to rainfall.

In any rehabilitation procedure which takes place in sand and gravel excavations or on other sites where the material is of loose or friable nature, no slope shall be left which is steeper than a ratio of one and one-half horizontal to one vertical (1 1/2:1). In no case shall any slope exceed the normal angle of repose of the material involved.

Removal of Temporary Structures: Within a reasonable time not to exceed one year after the cessation of the 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 as determined by the public works director.

(1985 Code §§ 8-4-1, 8-4-2; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4B-5: - REHABILITATION:#

Required: When soil or gravel is removed from any gravel pit or excavation, and the use of the pit is completed, the owner and operator thereof shall level the same and fill in such pit so that there will be no stagnant water remaining therein which might breed mosquitoes or other pests, and to place the same in as neat and sanitary condition as possible, and so that the same will not be detrimental or dangerous to the health of the inhabitants of the city.

Rehabilitation Requirements: In order to ensure that the area of excavation operation shall be rehabilitated to a condition of practical usefulness and reasonable physical attractiveness, the owner or operator shall, prior to the commencement of excavation, submit to the planning commission a plan for such excavation and rehabilitation in the form of the following:

A full and adequate description of all phases of the contemplated operation and the specific mention of type of machinery and equipment which will be or might be necessary to carry on the operation.

A legal description of the proposed site with a map showing its location with indications of private access roads, existing or proposed, and of public highways adjacent to the site which will be affected by the operation.

A topographic map of the area at a maximum contour interval of five feet (5') extending beyond the site to the nearest public street or highway or to a minimum distance of three hundred feet (300') on all sides.

A physical rehabilitation plan showing the proposed contours of the excavation before and after rehabilitation and other special features of rehabilitation, and the method by which such rehabilitation is to be accomplished.

A bond, written by a licensed surety company, a certified check or other financial guarantee in an amount to be fixed by the city as recommended by the city engineer sufficient to secure the performance of the rehabilitation agreement. Such amount may be determined only after an adequate and thorough investigation of such operation, and after issuance of special findings based on a rehabilitation cost analysis which clearly justifies the amount of the bond. Such agreement and financial guarantee shall be in a form approved by the city attorney. In the event of the applicant's failure to fulfill this agreement, such bond, check or other financial guarantee shall be deemed forfeit for the purpose of performing the rehabilitation.

Rehabilitation shall proceed in a progressive manner as the excavation operation is being carried on, to be determined by the public works director. The owner or operator shall submit a plan for progressive rehabilitation to the planning commission as the excavation operation is being carried on. The required bond in such case shall be sufficient to cover progressive stages of the rehabilitation as provided in the approved plan for periods of not less than two (2) years.

Approval:

The planning commission shall consider the excavation and rehabilitation plans and all data and information pertaining thereto and shall have thirty (30) days in which to make a recommendation to the city council.

The city council may approve or disapprove the proposal. If approved, the city council shall instruct the public works director to issue an excavation permit, which shall state any conditions or limitations to be imposed. If disapproved, the city council shall indicate its disapproval in writing to the applicant with reasons therefor.

(1985 Code §§ 8-5-1—8-5-3; amd. 2001 Code; Ord. 854, 5-6-2014)

7-4B-6: - EXCEPTIONS:#

Sod: The provisions of this article shall not apply to the removal of sod.

Topsoil: The provisions of this article shall not apply to the removal of topsoil, providing the operation be not closer than ten feet (10') to any property line or to a depth in excess of eighteen inches (18") or so as to adversely affect the drainage of the area.

Commercial Disposal: The provisions of this article shall not apply to any operation where excavation is necessary for construction of a legitimate use of the premises only; provided, however, where such operation involves the commercial disposal of the material removed, such commercial disposal of material removed shall be limited to a maximum period of six (6) months.

Unusual Conditions: In cases where unusual topographical or other exceptional conditions exist, variations and exceptions from this article may be made by the city council after recommendation by the planning commission.

Street and Shoulder Excavation: The provisions of this article shall not apply to street and shoulder excavations, as those terms are defined in article A of this chapter.

(1985 Code §§ 8-6-1—8-6-5)

7-4B-7: - PENALTY:#

Any person violating any provision of this article shall be deemed guilty of a class B misdemeanor and upon conviction, such person shall be punished as provided in section 1-4-1 of this code.

(1985 Code § 8-3-3)