(A) Required.
(1) It shall be unlawful for any person, partnership, company or corporation to engage in mining within the city or for an owner to allow a person to mine on his or her property, without first having obtained an annual mining permit from the Council. Prior to commencing mining operations or following one year of inactivity of any existing mining operations, a new or amended annual mining permit shall be obtained from the Council. It is recognized that mining is a land use permitted in the city in those areas zoned as Industrial Districts, but then only by conditional use permit. It is also understood that the annual mining permit as provided in this chapter is in addition to the conditional use permit required for the land covering the expected use of the mine and as provided in Ch. 153 of this code.
(2) Persons conducting operations governed by this chapter and for which this chapter requires a permit may continue operations, but within 60 days of the effective date of the ordinance from which this chapter derives shall make application for a permit, and failure to do so shall be a violation of this chapter; however, on request and for cause, the Council may extend the time for the initial application to 90 days. If application is not made within the required time, all mining operations shall be terminated.
(3) The annual permit shall be issued only after a public hearing following ten days posted and published notice and notification of adjoining landowners and after final approval by the Council. Any issued permit shall be posted by the applicant at the excavation site.
(4) A permit, when issued, shall be valid for one year unless terminated pursuant to division (B) below.
(Prior Code, § 12-2321)
(B) Termination.
(1) The Council may terminate a mining permit for violation of this chapter or a condition of the permit, or for other cause.
(2) To terminate a permit, the Council shall give notice of the violation or other cause for the termination along with an order that the condition be remedied. If the condition has not been repaired within a reasonable time, and not less than two weeks, the Council shall hold a hearing to determine whether the permit should be terminated.
(3) No mining shall take place after the permit is terminated pursuant to this section.
(Prior Code, § 12-2322)
(C) Application.
(1) The application for the permit required in division (A) above shall be filed with the City Administrator for presentation to the Council. The currently required fee shall accompany each application. Application for renewal permit must be made 45 days prior to the termination of the previous permit. The application shall be made in the name of the operator of the mine and the owner of the land to be mined.
(2) The application shall contain:
(a) The name and address of the operator and owner of the land;
(b) The correct legal description of the property where the mining shall occur;
(c) Names of adjacent landowners including all those within a one-half mile radius;
(d) A map of the property where the mining is to occur that clearly indicates the property lines and the limits of the proposed excavation. Topographic data, including contours at vertical intervals of not more than five feet except where the horizontal contour interval is 100 feet or more, a two-foot vertical interval shall be shown on this map. Watercourses, marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features shall also be shown. U.S.G.S. datum shall be used for all topographic mapping where feasible;
(e) The purpose of the removal, storage or excavation;
(f) The estimated time required to complete the removal, storage or excavation;
(g) The plan of operation, including soil processing (any operation other than direct mining and removal), soil stockpiling nature of the processing and equipment, location of the plant, source of water, disposal of water and reuse of water;
(h) The travel routes to and from the site;
(i) The plans for drainage, water and wind erosion control, sedimentation and dust control; these plans shall be in conformity with the recommendations of the county’s Soil and Water Conservation District office;
(j) A map or plat of the proposed pit or excavation showing the confines or limits thereof together with the proposed finished elevations based on 1929 sea level datum readings. Where the finished elevations prohibit natural drainage out of the site, certified soil borings shall be included through the proposed excavation;
(k) 1. A Comprehensive Plan showing that suitable provision will be made for the restoration and reuse of the excavated area so that it will not become a health or safety hazard or a nuisance, the plan to include anticipated final elevations, slope and a plan for the return of subsoil and topsoil, sufficient to support the interim and long-term uses.
2. Where the Council deems it practical and necessary, the plan shall include adjoining related areas where excavations have previously been made and remain under the control of the owner of the land on which the excavating is to be done or under the control of the person other than the owner to whom the permit is to be issued; and
(l) The applicant shall illustrate a staged activity or mining plan and shall illustrate how each stage or section will be restored or reused prior to beginning excavation or mining of the next stage of mining operations.
(Prior Code, § 12-2323) Penalty, see § 162.99