5.42.110: RESTRICTIONS, LIMITATIONS AND CONTROLS GENERALLY:

All excavation operations conducted or carried on in the city are subject to the limitations, restrictions and controls specified below:

   A.   Use Of Equipment; Road Maintenance: All equipment and machinery used on the site of an excavation operation shall be constructed, maintained and operated in such a manner as to reduce dust, noise, vibration, smoke, welding lights, and odor to a minimum. Access and haulage roads on the site shall be maintained in a dust free condition by surfacing or other treatment.

   B.   Fencing And Barriers: Fencing or other suitable barriers shall be created and maintained on the excavation site where such fencing is practicable and necessary because of dangerous conditions created by the excavation. (1999 Code)

   C.   Manufacturing Processes: The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready mixed concrete, the production of asphalt mixes, and any similar production or manufacturing processes that might be related to the excavation operation shall not be permitted except as otherwise provided in the city land use ordinance. (1999 Code; amd. Ord. 2012-15, 9-20-2012)

   D.   Washing Of Sand And Gravel: The washing of sand and gravel shall be done so as to prevent the discharge of wastewater directly into adjacent natural watercourses, or onto any public or private roads or any private property without the consent of the owner. (1999 Code)

5.42.120: REMOVAL OF TEMPORARY STRUCTURES AND MATERIALS:

Within one year after the cessation of the operation, all temporary structures (except fences), equipment, rock piles, rubble heaps or other debris shall be removed or backfilled into the excavation so as to leave the premises in a neat and orderly condition. (1999 Code)

5.42.130: EXCAVATION AND BACKFILLING:

   A.   Backfilling: Where backfilling is required, the excavation shall be graded or backfilled with nontoxic, nonflammable, noncombustible solids. The materials used or the method of fill shall not be such as to create a health hazard, nor shall they be objectionable because of odor or unsightliness.

   B.   Stagnant Water: Stagnant water shall not be allowed to collect and remain on the graded or backfilled area.

   C.   Topography: The peaks and depressions of the excavation area shall be reduced to a surface which will result in level or gently sloping topography in substantial conformity to the land area immediately surrounding, and which will minimize erosion due to rainfall.

   D.   Slope: In any rehabilitation procedure that takes place in sand and gravel pits or on other sites where material is of loose or friable nature, no slope shall be left that exceeds thirty degrees (30o) or the normal angle of repose of the material involved, whichever is less. (1999 Code)

5.42.140: REHABILITATION REQUIREMENTS:

   A.   Rehabilitation Plan: In order to ensure that the area of excavation operation shall be rehabilitated, the owner or operator shall, prior to the commencement of excavation, submit to the city four (4) copies of a plan for such rehabilitation that shall provide, among other things, acceptable bonding. The plan for rehabilitation shall be in the form of the following:

      1.   A description of all phases of the contemplated operation and the specific mention of the type of machinery and equipment that will or might be necessary to the performance of the operation. When the excavation operation shall include the washing of sand and gravel, the estimated daily quantity of water required, its source and disposition, shall be made a part of the description;

      2.   A legal description of the proposed site, with a map showing its location with indications of private access roads, existing or proposed, and of public highways adjacent to the site which will be affected by the operation;

      3.   A topographic map of the area at a minimum contour interval of five feet (5'), extending beyond the site to the nearest public street or highway or to a minimum distance of three hundred feet (300') on all sides; and

      4.   A physical rehabilitation plan showing the proposed contours after rehabilitation and other special features of rehabilitation, and the method by which such rehabilitation is to be accomplished. When the excavation site is greater than ten (10) acres, such plans shall, in addition to the foregoing, show each ten (10) acre section or portion thereof exceeding the first ten (10) acre section. Upon completion of excavation of the first ten (10) acre section, the owner or operator shall commence rehabilitation of the first ten (10) acre section. Rehabilitation of the first ten (10) acre section must be completed before excavation may begin on the third ten (10) acre section or portion thereof. Upon completion of excavation of any subsequent ten (10) acre section, rehabilitation of such section shall be commenced and completed in the same manner and sequence as rehabilitation of the first ten (10) acre section; that is, rehabilitation of the second ten (10) acre section shall be commenced upon completion of excavation of such section and shall be completed before excavation may begin on the fourth ten (10) acre section, and so forth.

   B.   Modification Of Plan: At any stage during the rehabilitation, the plan may be modified by the submission and subsequent approval of an amended rehabilitation plan such as that required in the original application.

   C.   Planning Commission Action On Plan: The rehabilitation plan and all data and information pertaining thereto shall be referred to the city planning commission within fifteen (15) days after its receipt for report and recommendation. If approved, the planning commission shall express its written approval, with whatever conditions are attached, by returning one copy of the rehabilitation plan signed by the chairperson of the planning commission. If the plan is disapproved, the planning commission shall, in the same manner and within three (3) days, indicate its disapproval in writing, and the reasons therefor. (1999 Code)

5.42.150: ENFORCEMENT; DEVELOPMENT LICENSE OFFICIAL AUTHORITY:

The license official is hereby designated and authorized as the officer charged with the enforcement of these provisions. (1999 Code)

5.42.160: INSPECTION AND STOP WORK ORDERS:

It shall be the duty of the license official to inspect or cause to be inspected at regular intervals, as often as necessary, all excavations. Where it is determined by the license official that any excavation project is not proceeding in compliance with the provisions of these provisions, the license official may order, or cause to be ordered, the work on the project stopped by notice in writing served on any persons engaged in working or causing such work to be done on the project, and all persons shall forthwith stop such work until the project is brought into compliance with these provisions and the license official. In addition, the license official may also pursue appropriate legal action in the courts. Failure to implement administrative or legal action shall not legalize any violation of these provisions. (1999 Code)

5.42.170: EXISTING OPERATIONS; COMPLIANCE REQUIRED:

Within ninety (90) days after the adoption of the ordinance codified in these provisions, existing operations shall comply with all the provisions hereof. (1999 Code)