(A) Any seasonal or temporary mineral extraction activity in the city requires a permit approved by the City Council and must meet the following conditions:
(1) An application for seasonal extraction must be filed with the City Clerk, and an approved permit must be received from the City Council prior to beginning of operations;
(2) The applicant must furnish the city with detailed plans, identifying existing elevations and contours, material quantities, access/haul routes and final grades/contours.
(3) The duration of a seasonal extraction permit shall be from April 15 to October 15 of the permit year;
(4) Material stockpiles may not remain after the duration of the permit.
(5) Topsoil may not be removed from the site, unless authorized by the City Council.
(B) A seasonal extraction permit shall not be required for any of the following:
(1) Excavation for a foundation, cellar or basement of a building if a building permit has been issued.
(2) Excavation by state, county, city or city authorities in connection with construction or maintenance of roads, highways or utilities.
(3) Excavation less than 100 square feet in area or one foot in depth in a calendar year.
(4) Excavation or grading for agricultural purposes.
(C) The following rehabilitation standards shall apply to the site of any seasonal extraction operation:
(1) Topsoil shall be removed from the excavation area(s) and stockpiled for rehabilitation.
(2) Rehabilitation shall be continuous, occurring as quickly as possible after the extraction operation has moved into another part of the extraction site.
(3) The excavation area shall be graded to blend in with the unexcavated area, without changing or impacting the natural course of drainage.
(4) Topsoil shall be replaced and the disturbed area re-seeded prior to permit expiration.
(5) All water areas resulting from excavation shall be eliminated upon rehabilitation of the site, unless previously approved by the city.
(6) The slope of the restored site shall not exceed a 5:1 ratio.
(D) The City Council shall require the applicant or owner of the premises on which the seasonal extraction operation is located to post cash escrow or letter of credit in an amount and form determined by the City Council. This letter of credit or cash shall pay the city the extraordinary cost and expense of repairing any roads where such repair work is made necessary by the seasonal extraction, or to complete rehabilitation of the site consistent with the rehabilitation standards in § 153.074(C) and any out of pocket expenses incurred in the enforcement of this chapter. The security shall remain in full force for a minimum period of one year after expiration of the extraction permit to guarantee the required rehabilitation as well as the other requirements herein provided.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)