(A) From and after the effective date of this subchapter, it shall be unlawful for any person to operate a quarry as hereinbefore defined or ship any topsoil, sand, clay, gravel, or similar material without a permit from the Village Council. Such permit shall be required for quarries now in existence and operating as well as new ventures or a reopening of an old quarry.
(B) No permit will be required where the moving, grading, or leveling of the aforesaid materials is earned on for the immediate use or development of the land upon which these substances are found or pursuant to a building permit issued by the village.
(1) Application.
(a) Before granting a permit, the Village Council shall conduct a public hearing concerning such application. A separate permit shall be required for each separate site.
(b) Each application for a permit five copies to be submitted) shall be made to the Village Clerk-Treasurer and shall contain the following information as a condition precedent to the obligation to consider such request:
1. Names and addresses of all parties of interest in said premises, setting forth their legal interest in said premises;
2. Full legal description of the premises wherein operations are proposed;
3. Detailed statement as to method of operation, such as wet or dry method, what type of machinery or equipment will be used, and estimated period of time that such operation will cover;
4. Detailed statement as to exactly what type of deposit is proposed to be extracted;
5. Proposed method of drilling excavation where quarrying results in extensive undersurface excavation;
6. Topographical survey map; and
7. Such other information as may be reasonably required by the Village Council to base an opinion as to whether a permit should be issued or not.
(2) Permit fees. The sum of $100 shall accompany the application for quarrying permit. This sum is to be used to defray the costs of engineering services, investigation, publication charges, and other miscellaneous administrative expenses occasioned by processing such application. Permits issued by the Village Council shall be for a period of one year expiring on March 31 of each year, and such permits may be renewed by the payment of an annual $50 inspection fee. Such permits shall be renewed as herein provided for so long as the permittee complies with all the provisions of this subchapter or other conditions of this permit.
(3) Permits. After reviewing all of the information submitted by the applicant and such other information as may be in the hands of the Village Council, said Council shall at a regular or special meeting determine whether or not a permit will be issued. The permit shall be issued in the event the Village Council shall determine that the issuance of the permit would not detrimentally effect the public health, safety, morals, and general welfare of the citizens of the village.
(4) Mandatory requirements. The following requirements shall be mandatory.
(a) Pit operations.
1. Where in excavation in excess of five feet will result from such operations, the applicant shall erect a fence completely surrounding the portion of the site where the excavation extends, said fence to be not less than five feet in height, complete with gates, which gates shall be kept locked when operations are not being carried on.
2. Any roads used for the purpose of ingress and egress to said excavation site which are located within 300 feet of occupied residences shall be kept free by hard-topping with cement, bituminous substance, or chemical treatment.
3. The slopes of the banks of the excavation shall in no event exceed a minimum of seven feet to one foot (seven feet horizontal to one foot vertical) and where a body of water results from the operation, this slope must be maintained and extended into the water to a depth of five feet.
4. Where quarrying operations result in a body of water, the owner or operator shall place appropriate “Keep Out-Danger” signs around said premises not more than 200 feet apart. In order to protect water wells and water supply of the village, the pumping or draining of water from such quarrying operations is absolutely prohibited. A drag line or other method of quarrying approved by the Village Council shall be followed.
5. No cut or excavation shall be made closer than 50 feet from the nearest street or highway right-of-way line, nor nearer than 20 feet to the nearest property line; provided, however, that the Village Council may prescribe more strict requirements in order to give sub-lateral support to the surrounding property where soil or geographic conditions warrant it.
6. The Village Council shall require such other performance standards where because of peculiar conditions they deem it necessary for the protection of health, safety, morals, and well-being of the citizens of the village.
(b) Regulations for shipping operations.
1. a. No soil, sand, gravel, clay, or similar materials shall be removed in such a manner as to cause a danger to an existing or proposed street or road which has been approved by the village.
b. To this end, within a distance of 150 feet from the centerline of such street or road, no soil, sand, gravel, clay, or similar materials shall be removed below a point six inches above the mean elevation of such street or road.
2. No soil, sand, clay, gravel, or similar materials shall be removed in such manner as to cause water to collect or to result in a place of danger or a menace to the public health. The premises shall at all times be graded so that surface water drainage is not interfered with.
3. a. Where possible, sufficient topsoil shall be stockpiled on said site so that the entire site, when stripping operations are completed, may be recovered with a minimum of four inches of topsoil and the replacement of such topsoil shall be made immediately following the termination of the stripping operations.
b. In the event, however, that such stripping operations continue over a period of time greater than 30 days, the operator shall replace the stored topsoil over the stripped areas as he or she progresses.
4. a. The Village Council shall, to ensure strict compliance with any regulations contained herein or required as a condition of the issuance of a permit either for quarrying or topsoil stripping, require the permittee to furnish a surety bond executed by a reputable surety company authorized to do business in the state in an amount determined by the Village Council to be reasonably necessary to ensure compliance hereunder.
b. In fixing the amount of such surety bond, the Village Council shall take into account the size and scope of the proposed quany, probable cost of rehabilitating the premises upon default of the operator, estimated expenses to compel operator to comply by court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.
(1984 Code, § 8-06-040) (Ord. 28, passed 1-30-1973; Ord. 143, passed 7-24-1984) Penalty, see § 111.999