As a condition of the permit issuing, the Council shall require the applicant or the owner of the premises to comply with the following:
(A) Fencing. Properly fence any pit or excavation.
(1) Where collections of water are one and one-half feet or more in depth, all access to the collections of water may be ordered barred by appropriate means.
(2) Where excavation slopes steeper than one foot vertical to one and one-half feet horizontal exists for a period of five working days, access to these slopes may be ordered barred by appropriate means.
(B) Slope of excavation. Slope the banks, and otherwise properly guard and keep any pit or excavation in a condition as not to be dangerous because of sliding or caving banks;
(C) Setbacks.
(1) Refrain from mining below grade closer than 30 feet to the boundary of any zone where these operations are not permitted, or closer than 50 feet to the boundary of an adjoining property line, unless the written consent of the owner in fee of the property is first secured in writing and filed with the City Administrator.
(2) Refrain from excavating below road grade closer than 50 feet to the right-of-way line of any existing or platted street, road or highway, except that excavating may be conducted within the limits in order to reduce the elevation thereof in conformity to the existing or proposed street grades;
(D) Inspection fee. An annual inspection fee to cover the cost of periodic inspection shall be paid to the city. The method of determining the inspection fee shall follow one of the two schedules as outlined below. The schedule to be followed shall be designated by the Council at the time the annual permit is approved. The minimum annual inspection fee shall be $100.
(1) Schedule A. The annual inspection fee shall be based on the actual and estimated costs which are incurred by the city in providing periodic inspections and administering the provision of the annual permit. These costs may include both actual cost incurred by the city, such as charges made by an engineering firm, or for legal services and indirect, internal, actual and computed costs incurred by the city such as mileage or computed charges for time spent by city officials or their staff. The Council shall estimate these charges at the time the annual permit is issued and the applicant shall make a cash deposit with the city equal to their estimate when the annual permit is issued. If at the expiration date of the annual permit there are any funds still available, they will be refunded to the applicant or if the cost exceeds the estimate the applicant shall pay the additional cost.
(2) Schedule B. The annual inspection fee shall be based on the amount of material which is removed from the site. The charge shall be fixed at the rate of one cent per cubic yard of material removed with a maximum fee of $3,000. The Council, based on the estimates of the applicant, shall estimate the annual inspection fee which shall be paid by the applicant according to a payment schedule as determined by the Council. The applicant shall keep records of all material removed from the site and these records shall be made available to the Council for their review. On the expiration date of the annual permit, the applicant shall submit to the Council a complete record of all material removed for that year and pay any additional inspection fees as determined by the Council, based on the fixed rate as set forth in this schedule.
(E) Survey. Furnish a survey by a registered surveyor showing the boundaries of the property;
(F) Bond. Post a bond, cash deposits or other security, in a form and sum as the Council may require, running to the city, conditioned to pay the city the cost and expense of repairing any highways, street or other public ways and the restoration of other sites within the city made necessary by the special burden resulting from hauling and transporting thereon by the applicant in the removal of rock, sand, dirt, gravel, clay or other material and conditioned further to comply with all the requirements of this chapter and the particular permit, and to save the city free and harmless from any and all suits or claims for damage resulting from the negligent excavation, removal or storage of rock, sand, dirt, gravel, clay or other material within the city boundary. Post a bond for 125% of the cost of restoring the mined-out area, including but not limited to soil, seed, sod and completed end use. Each mined-out area must be restored before excavation operations may begin on the next segment or section;
(G) Insurance. Carry bodily injury and property damage, public liability insurance in the amount of $100,000 for any one person and $300,000 for any occurrence including blasting insurance naming the city as an additional insured;
(H) Noise. Maintain and operate all equipment in a manner as to eliminate, as far as is practicable, noises and vibrations, in accordance with state and county standards;
(I) Hours of operation. Conduct operations only between the hours of 7:00 a.m. and 5:30 p.m., except no trucking shall be allowed on Saturdays, Sundays or holidays. In the case of public emergencies such as floods or whenever any reasonable or necessary repairs to equipment are required, the Council may allow an exception to this requirement;
(J) Dust and dirt. Construct, maintain and operate all equipment in a manner as to minimize dust conditions. All operations shall meet the standards of the state’s Pollution Control Agency;
(K) Appearance. Maintain buildings and plants in a safe condition in accordance with acceptable industrial practice. Weeds shall be controlled;
(L) Removal of structures. Within a period of three months after the termination of a sand and gravel operation, or within three months after abandonment of an operation for a period of six months (or within three months after expiration of a sand and gravel permit), dismantle or remove buildings, structures and plants incidental to an operation; except that buildings, structures and plants need not be dismantled and removed so long as they are legally being used for the production or processing of sand and gravel or for some other purpose permitted in the zone in which they are located;
(M) Lighting. Set forth the planned lighting of the area and any other equipment or structures that will be installed or built;
(N) Sewer. Provide for adequate drainage to sanitary sewer and storm sewer including lift stations, if necessary;
(O) Added provisions. Comply with other requirements as the Council from time to time may find necessary for the health, safety, welfare and prevention of nuisance in the area; and
(P) Variance. The standards which apply to these permits may be varied by the Council according to the structure and size of the operation, and to factors presented by the applicant.
(Prior Code, 12-2325)