(A) Except as provided in this section, it shall be unlawful for any operator to engage in the extraction of minerals without having first obtained a conditional use permit from the city authorizing the work as regulated further by this section.
(B) The permit requirements established by this section shall not apply to emergency work necessary to preserve life or property. When emergency work is performed under this section, the operator performing it shall report the pertinent facts relating to the work to the Zoning Administrator prior to the commencement of the extraction. The Zoning Administrator shall review the facts and determine whether an emergency exists and shall by written memorandum authorize commencement of the emergency exception. An operator commencing emergency work shall, within ten days following the commencement of that activity, apply for the issuance of an extraction permit and, on its issuance, may be required to perform such work as determined to be reasonably necessary to correct any environmental impairment occasioned by such work.
(C) Operators now conducting operations governed by this section and for which this section requires a permit may continue such operations, but within 60 days of the effective date of the ordinance from which this section derives shall make application for a permit. Failure to apply for a permit shall be a violation of this section; however, on request and for cause, the City Council may extend the time for the initial application to 90 days.
(D) An application for a mineral extraction permit shall contain:
(1) The name and address of the operator and owner of the land;
(2) The correct legal description of the property where the extraction is proposed to occur;
(3) The names of all land owners owning property within one-half mile of the boundary of the property described previously;
(4) Specification of the following, using appropriate maps, photographs, and surveys:
(a) The physical relationship of the proposed mining area to the community and existing community development;
(b) Site topography and natural features, including location of watercourses and water bodies within the planned mining area;
(c) The quality and quantity of minerals to be excavated;
(d) The depth of water tables throughout the planned mining area; and
(e) The average thickness of overburden in the area.
(5) The purpose of the operation;
(6) The estimated time required to complete the operation;
(7) The plan of operation, including processing (any operation other than direct mining and removal), nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water;
(8) Travel routes to and from the site;
(9) The plans for drainage, wind and water erosion control sedimentation, and dust control; and
(10) The rehabilitation plan providing for the orderly and continuing rehabilitation of all excavated land. Such plan shall illustrate, using appropriate photographs, maps, and surveys, the following:
(a) The contour of land prior to excavation, after completion of excavation, and after completion of rehabilitation;
(b) Those areas of the site currently used for storage of topsoil and overburden;
(c) A schedule setting forth the timetable for excavation and rehabilitation of land lying within the excavation facility; and
(d) The depth of all water bodies, the slope of all slopes after rehabilitation, and a description of the type and quantity of plantings where revegetation is to be conducted.
(E) A permit shall be issued for a period of five years and shall be renewable for three-year periods thereafter.
(F) The mineral extraction permit may be terminated for violation of this section or any conditions of the permit. No permit shall be terminated until notification of violation or other cause for termination has been served upon the operator along with an order that the condition be remedied. The operator shall have 30 days within which to remedy the condition. No permit may be terminated until the City Council has held a public hearing to determine whether the permit should be terminated, at which time the operator shall be afforded an opportunity to contest the termination.
(G) It shall be unlawful to conduct mineral extraction after a permit has been terminated pursuant to this section.
(H) Requests for renewal of the permit shall be made 60 days prior to the expiration date. If application for renewal is not made within the required time, all operations shall be terminated; and the reinstatement of the permit may be granted only upon compliance with the procedures set forth in this section for an original application.
(I) (1) An extraction permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this section when such conditions are reasonable and necessary to ensure compliance with the requirements and purpose of this section. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind, or character of the proposed operation; require the construction of structures; require the staging of extraction over time; require the alteration of the site design to ensure compliance with the standards; and/or require the provision of a performance bond by the operator to ensure compliance with this division.
(2) Neither the issuance of a permit nor compliance with its conditions nor with the provisions of this division shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property, nor shall the issuance of any permit serve to impose any liability on the city, its officers or employees, for any injury or damage to persons or property.
(3) A permit issued pursuant to this division does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance, or regulation.
(Prior Code, § 13.34) Penalty, see § 154.999