(A) The perimeter of the excavation shall be backfilled and graded to meet with the approval of the Engineering Division, except that a slope of one foot vertical be provided for each four feet horizontal from the perimeter into a minimum depth of two feet of water at low water elevation. When perimeter of water area is at a seawall or other structure, the slope shall be designed, as provided above, from basis of water depth at the structure.
(B) The grading, leveling and sloping of the final banks shall be on a progressive basis as the project develops and the excavation progresses.
(C) If sand is encountered during excavation, the vertical cut at the final bank shall be modified in such a manner that the required perimeter slope of one vertical to four horizontal will be sustained and maintained.
(D) The property shall be staked to meet with the approval of the Department of Planning and Development Services; said stakes shall be maintained in proper fashion so that the limits of excavation, slopes and grade levels may be easily determined.
(E) If the area in the surrounding neighborhood becomes substantially built up, and if the water in the excavation exceeds two feet (flash flood excepted) and if, in the opinion of the Building Department the excavation has become hazardous to the surrounding area, the property shall be fenced in by the applicant.
(F) During the entire operation dynamite shall not be used unless the same is in accordance with the recommendations and requirements of this state.
(G) The hours of operation shall be controlled by the Department of Planning and Development Services, except that the applicant shall be permitted to operate between the hours of 7:00 a.m. and 6:00 p.m. on weekdays. Sunday operation to be permitted by the City Manager only if the same does not become objectionable, in his opinion, to the surrounding area.
(H) The time for the completion of the project, including excavation, grading, and the like, shall be determined by the Department of Planning and Development Services and the work shall be carried on continuously and expeditiously so that the same will be completed within the allocated time.
(I) All excavation access roads shall be well sprinkled to minimize dust, provided that such sprinkling shall not be required 500 feet or more from a public street or highway.
(J) Only the overburden on the portion of the project proposed to be mined within one year may be removed from the excavation area under permit.
(K) Muck and marl may be removed from the premises, provided that sufficient amount is retained to landscape all property within the disturbed area.
(L) Any roads in the vicinity of the project used in connection with the project shall be repaired and restored to their original condition when, in the opinion of the Department of Planning and Development Services, they have deteriorated beyond normal wear and tear due to the operation of the project. The opinion of the Department of Planning and Development Services in connection with the repair and restoration of roads used in connection with the project shall be final.
(M) The title to the property in question shall not be transferred without the approval of the Department of Planning and Development Services, unless the excavation on the subject property has been completed and the bond has been released.
(N) If the operation is discontinued or abandoned, falls behind schedule, or time expires, the existing excavation shall immediately be sloped to conform with division (A) herein (a slope of one foot vertical for each seven feet horizontal) and all operational elements shall be removed from the premises.
(O) The permit shall be subject to cancellation upon violation of any of these conditions or when, in the opinion of the Department of Planning and Development Services, it is determined that the use is detrimental and/or incompatible with the surrounding neighborhood.
(P) For all proposed new operations a permit shall be obtained and excavation started within six months after approval by the Department of Planning and Development Services, otherwise the approval will be automatically void. Work shall thereafter be carried on continuously and expeditiously so that the entire project will be completed within such time limitation as may be specified by the Department of Planning and Development Services.
(Q) These provisions shall apply to any portion of an existing excavation which was in existence on the effective date of this subchapter.
(‘72 Code, § 10-96) (Ord. O-72-19, passed 2-2-72; Am. Ord. O-95-31, passed 6-7-95; Am. Ord. O-2011-15, passed 5-4- 11)) Penalty, see § 151.999