(A) In granting an application, the Commission or Council may impose such conditions as are reasonably deemed necessary and desirable to protect the public health, safety and general welfare. Any such conditions shall be in addition to the condition required by § 19.16.040 and any other conditions required by this title. Each application approval shall be conditioned upon the applicant’s completion of the work outlined in the applicant’s reclamation plan within the time limits specified in the plan. The Commission or Council may, in its discretion, impose different time limits, in which case the applicant shall agree to complete the reclamation work within the time limits specified by the Commission or Council.
(B) To ensure the applicant will comply with all terms of the approved reclamation plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials and other measures, if necessary, the Commission or Council shall require, and the applicant shall post, security in an amount and in the manner set forth herein.
(1) The amount of security shall be based on the estimate provided in the application but shall be an amount which the city reasonably determines is adequate to perform reclamation in accordance with the approved reclamation plan.
(2) The applicant may post security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution or other method acceptable to the city and the State Board as specified in state regulations. The security shall be made payable to the city and the Department of Conservation.
(3) The security shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).
(4) The amount of security required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation and reclamation of lands accomplished in accordance with the approved reclamation plan. The security shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.
(5) All revisions to the security shall be submitted to the Planning Director each year prior to the anniversary date for approval of the security. The security shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the applicant shall explain, in writing, why revisions are not required.
(`78 Code, § 19.08.110.) (Ord. 2386 § 1 (part), 1999.)