All private roads used for access to any mined lands and surface mining operations shall be surfaced by clean, crushed rock, gravel or decomposed granite or oiled and maintained to prevent dust and mud. The requirements of this section may be modified by the Commission or Council after consideration of the circumstances surrounding the particular site or road in question. The circumstances include but are not limited to distance from public streets and highways, distance from adjoining and nearby property owners, the use of the adjoining and nearby properties, topographical features, soil characteristics and wind exposure.
(`78 Code, § 19.12.030.) (Ord. 2386 § 1 (part), 1999.)