(a) Any owner, lessee or other person, firm or corporation having an interest in mineral lands may file with the Board of Zoning Appeals an application for mining, quarrying or processing of coal, clay or other minerals in any I-2 Heavy Industrial District, and with the following additional requirements:
(1) No quarrying operation shall be carried on or any stock pile placed closer than fifty feet to any property line, unless a greater distance is specified by the Board where such is deemed necessary for the protection of adjacent property;
(2) In the event that the site of the mining or quarrying operation is adjacent to the right of way of any public street or road, no part of such operation shall take place closer than twenty-five feet to the nearest line of such right of way;
(3) Fencing shall be erected and maintained around the entire site or portions thereof where in the opinion of the Board of Zoning Appeals such fencing is necessary for the protection of the public safety and shall be a type specified by the Board of Zoning Appeals;
(4) All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise and vibration in accordance with the provisions of Chapter 1182. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the City Engineer;
(5) The crushing, washing and refining or other similar processing which may be authorized by the Board of Zoning Appeals as an accessory processing shall not be in conflict with the land use regulation of the district in which the operation is located.
(b) In accepting such an application for review, the Board must be satisfied that the proponents are able to carry out the proposed mining operation in accordance with the plans and specifications submitted. An application for such operation shall set forth the following information:
(1) Name of the owner or owners of land from which removal is to be made;
(2) Name of the applicant making request for such a permit;
(3) Name of person or corporation conducting the actual removal that is to be made;
(4) Location of processing plant used;
(5) Type of resources or materials to be removed;
(6) Location, description and size of the area from which the removal is to be made;
(7) Proposed method of removal and whether or not blasting or other use of explosives will be required;
(8) Description of equipment to be used;
(9) Method of rehabilitation and reclamation of the mine area.
(c) Upon receipt of such application, the Board shall set the matter for a public hearing, which shall be advertised in a newspaper of general circulation at least fifteen days prior to the date of hearing.
(d) The Board shall make a complete record and transcript of all testimony and witnesses heard at the public hearing. It shall either approve, deny or conditionally approve the application.
(e) To guarantee the restoration, rehabilitation and reclamation of mined-out areas every applicant granted a mining permit as herein provided shall furnish a performance bond to the City of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000) per acre as determined by consultation with the City Engineer as a guarantee that such applicant, in restoring, reclaiming and rehabilitating such land shall within a reasonable time and to the satisfaction of the Board meet the following minimum requirements:
(1) All excavation shall be made either to a water producing depth, not to be less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, nonflammable, and noncombustible solids, to secure that the excavated area shall not collect and permit to remain therein stagnant water; or that the surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof, so as to produce a gently rolling surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.
(2) Vegetation shall be restored by appropriate seeding of grasses or planting of shrubs or trees in all parts of the mining area where such area is not to be submerged under water as provided herein.
(3) The banks of all excavations not backfilled shall be sloped to the water line in a slope which shall not be less than three feet horizontal to one-foot vertical and the bank shall be seeded.
(Ord. 147-2018. Passed 7-2-18.)