(A) In cases in which the following minimum requirements cannot be met, no permit shall be issued.
(B) For all permits issued, the following are minimum requirements for the operation of excavation under this subchapter and are deemed to be a condition of the permit.
(1) The slopes or any edge contiguous to the excavation shall not be less than a three-foot horizontal to one-foot vertical slope, or as otherwise approved by the operation plan.
(2) All trees, stumps and debris must be disposed of within 30 days by burying, removal or burning, if allowed; or within ten days after notification by the city, whichever is less.
(3) The depth of removal of materials in areas programmed for future public utilities and services in no instance shall be greater than 25 feet below the present centerline grade of the road servicing the area, or as determined by the City Engineer. No excavation shall be allowed below grade closer than 100 feet to the right-of-way line of any existing street, road or highway; except that, excavating may be conducted within such limits in order to reduce the elevation thereof, in conformity to the existing proposed street grades.
(4) The operator shall be responsible for the lowering of any well so as to provide potable water for each individual whose well is affected by excavation operations. Further, the operation of the pit shall not affect the safety or quality of any well water within one-quarter mile of the excavation. Proof that the hydraulic or static effect is not detrimental to any such well shall be provided by the permittee or applicant upon demand by the city.
(5) All rocks which are not crushed and which are one foot or larger in diameter shall be buried after termination of excavation operations.
(6) Any storm or surface water cast into the excavation shall be the responsibility of the permittee. No drainage of such water shall be made by the permittee in such a way as to cause erosion or damage to any adjoining properties.
(7) The operator shall maintain and operate all equipment in such a manner as to minimize air pollution. Any emission which can cause any damage to health, animals or vegetation or other forms of property, or which can cause any excessive soiling at any point, or any emission of any solid or liquid particles in concentration exceeding the State Pollution Control Agency Air Quality Regulations, are hereby prohibited.
(8) Upon termination of the operation of any excavation, the excavation site shall be regraded or modified according to the plans submitted with the application.
(9) All excavated materials shall be removed from the premises only upon and along such highways, streets or other public ways as the Council shall authorize and direct.
(10) No noise resulting from the excavation shall exceed the regulations of the State Pollution Control Agency’s Noise Control Regulations.
(11) Any vibration resulting in any combination of amplitude and frequencies beyond the safe range of the most current standards of the United States Bureau of Mines for any structure is hereby prohibited.
(12) The slope of banks of the excavation shall be kept in such a condition so as not to be dangerous because of overhangs, slidings or cave-ins. Upon notice by the city to the permittee, the permittee shall correct any such dangerous condition immediately.
(13) The removal of natural vegetation shall be restricted to prevent erosion into water bodies, to conserve nutrients in the soil, and to preserve shoreland esthetics to the maximum degree possible. Removal shall be restricted within a strip paralleling a lakeshore, river or stream and shall extend inland a minimum distance of 100 feet from the normal high water mark, as determined by the point where the natural vegetation changes from predominately aquatic to predominately terrestrial.
(14) Land alteration shall in no way adversely affect adjacent private or public properties, and may not obstruct the free flow of water in a natural waterway or public street drain, storm sewer, gutter or ditch.
(15) The hours of operation of any excavation shall be limited to 7:00 a.m. to 7:00 p.m. daily. No excavation, crushing or processing or trucking shall be conducted on Sundays or legal holidays, with the exception of Columbus Day and Veteran’s Day.
(C) The Council may, in its discretion, waive or modify the provisions of division (B) above upon a showing that the requested modification will not undermine the purposes set forth in this subchapter and shall not jeopardize the public health, welfare and safety or the environment.
(1978 Code, § 902.04) (Ord. 91-16, passed 9-3-1991) Penalty, see § 10.99