The text
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:#
A.
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.
B.
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:#
A.
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.
B.
Restrictions Specified: All excavation operations conducted or carried on are subject to the following limitations, restrictions and controls:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
Excavation and Backfilling:
a.
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.
b.
The graded or backfilled area shall not be contoured so that it will collect and permit stagnant water to remain thereon.
c.
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.
d.
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.
7.
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:#
A.
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.
B.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
C.
Approval:
1.
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.
2.
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:#
A.
Sod: The provisions of this article shall not apply to the removal of sod.
B.
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.
C.
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.
D.
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.
E.
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)