For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The actual vacancy, for 24 consecutive months, of 20 or more excavated areas without completed grading and installed erosion controls consistent with the approved end use plan. Vacancy shall be conclusively presumed as intent to abandon or vacate the site by the operator.
COMPLETION OF OPERATIONS, NOTICE THEREOF. A written notice filed with the City
Clerk 18 months prior to the completion of excavation operations. After the 18-month period, active and substantial excavation shall not occur on property so noticed and described. Completion of operations may occur on any definable portion of the property.
DUST. Airborne, inorganic, particulate matter other than smoke or steam.
EXCAVATION PERMIT. The annual permit required of all excavation sites/owners by § 150.15(A).
FISCAL IMPACT ANALYSIS. A comparative analysis provided by the petitioner (or prepared by the city or its consultant and paid for by the petitioner) which itemizes the fiscal impact of property taxes, land uses and public improvement costs of the proposed mining operation and the proposed “end uses” on the city, county and school district in comparison to the fiscal impact property taxes and land uses and public improvement costs of development on the site if no mining would occur. All projections should be at present dollar value, excluding inflation.
MINERALS. Nonmetallic material found in the earth including but not limited to sand, gravel, rocks, and soil, which may be covered by overburden.
OPERATOR. Any person or persons, partnerships or corporation, or assignees or any associations, or persons either natural or artificial, including every public or governmental agency engaged in sand and gravel operations.
OVERBURDEN. Those materials which lie between the surface of the earth and the mineral deposit to be mined.
PROCESSING. Any activity which may include the crushing, washing, stockpiling, compounding, mixing, or treatment of sand, gravel, rocks or similar mineral products into consumable products such as construction grade sand, gravel, concrete, asphalt and other similar products.
RECLAMATION, RESTORATION, REHABILITATION. To renew land to a self- sustaining, long term use which is compatible with contiguous land uses and which process shall include the re-establishment of vegetation, soil stability and establishment of safe conditions appropriate to the intended use of the land in accordance with the city’s comprehensive guide plan and the conditional use permit conditions allowing for excavation and/or processing on the site.
SAND AND GRAVEL OPERATIONS. The removal, extraction, truck hauling, crushing, processing, excavation and/or production of sand, gravel, rocks and similar mineral products.
STOCKPILING.
(1) Storage of processed or raw materials on the site of the sand and gravel operation. The operations may continue or be sold from the site for up to 18 months after official written notice of completion of operations has been accepted by the City Council.
(2) From the date of acceptance of the notice of completion, up to 18 months of final excavation, and an additional 18 months of processing or storage may occur on the site. In no case shall the period of final excavation and storage/processing exceed 36 months after acceptance of notice of completion.
TOPSOIL. That portion of the overburden which lies within the A and B horizon of soil closest to the surface and which supports the growth of vegetation.
(‘81 Code, § A1-48) (Ord. 291, passed 4-21-83; Am. Ord. 472, passed 1-25-90)