(A) All commercial extraction operations for which an excavation permit has been issued, whether as a conforming or nonconforming use, shall comply with the performance standards and reclamation, restoration, and rehabilitation requirements of the SG zoning district as set forth in §§ 155.285 through 155.293.
(B) All commercial extraction operation permit applications proposing an opening of new mine area which includes the removal or stockpiling of topsoil, trees, and other vegetation, shall also designate an equal or larger surface area to be removed from production and reclaimed/restored. The reclamation/ restoration of this area shall be done according to the approved end use plan within the 18 months after issuance of the excavation permit. Failure to reclaim areas as approved in the annual excavation permit may be considered grounds for termination of excavation permits.
(C) The reclamation/restoration area, as described in the annual excavation permit, shall be considered a notice of completion of operations, pursuant to §§ 155.285 through 155.293. An operator may gain credit, against the opening of future mining areas within the approved plan, by reclaiming and restoring more acres than are opened in a year governed by the current excavation permit.
(D) The Council, as a prerequisite to granting all permits, or after any permit has been granted, may require the applicant or owner of the premises to:
(1) Properly fence any pit or excavation;
(2) Slope the banks, fill, level off any pit or excavation or otherwise place in a condition at any time so as not to be dangerous because of sliding or caving banks; so as to minimize or stop erosion or dust during or after excavation;
(3) Property drain, fill or level off any pit or excavation so as to make the same safe and healthful as the Council may determine;
(4) Reimburse the city for the cost of special street cleaning and maintenance and periodic inspections by the City Engineer, Building Official or other city employee or consultant, for the purpose of seeing that the terms under which the permit has been issued are being complied with. Reimbursement of the costs shall be paid by operator within 30 days of being invoiced by the city or costs will be deducted from escrow deposit as required in the appendix to Chapter 35. Whenever the escrow deposit has been depleted by 50% of the amount required, operator shall be notified and shall pay the amount necessary to restore the deposit to the required amount within ten days;
(5) Post a surety bond in the 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, streets or other public ways within the city, made necessary by the special burden resulting from the hauling and transporting thereon by the applicant in the removal of rock, dirt, sand, gravel, clay or other like material, the amount of the cost to be determined by the City Council; 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 all suits or claims for damages resulting from the negligent excavation, removal or storage of rock, sand, gravel, dirt, clay or other like material within the city;
(6) Post a surety bond of a minimum $500 for each acre being excavated at any time, running to the city, conditioned to pay the city the cost and expense of restoration of an excavated area and expense of grading, providing top soil and seeding where the applicant or owner shall fail to complete an excavation or restoration within the conditions under which the excavation permit was issued;
(7) Show evidence that the excavation is not harmful to the health, safety or welfare of the citizens of the city, and the excavation shall leave the property in at least an equally suitable condition to that immediately prior to the excavation;
(8) Comply with other requirements as the Council shall from time to time deem proper and necessary for the protection of the citizens and the general welfare; or
(9) Review the application with the Planning Commission for a subsequent report to the Council where the excavation may affect existing trees, hills, views, ponds, lakes or similar natural terrain features.
(‘81 Code, § 6-25) (Ord. 84, passed 9-23-70; Am. Ord. 294, passed 4-28-83; Am. Ord. 476, passed 3-8-90; Am. Ord. 529, passed 12-30-91) Penalty, see § 150.99