(A) The purpose of this chapter is to provide appropriate controls for land disturbed by the mining and extraction of gravel, sand or other mineral resources in order to minimize conflicts with adjacent land uses; to ensure that the area so affected is restored for the conservation, development, management and appropriate use of all natural resources; to be compatible for multiple purposes; to aid in the maintenance or improvement of the tax base; protect the health, safety and general welfare of the citizens; and to preserve the natural aesthetic character of the city.
(1) Administration. An interim use permit shall be required for all mining and extraction operations. An interim use permit shall run for five years. To continue the use, a new interim use permit shall be required. The Zoning Administrator and the City Engineer or Water Resource Engineer shall review the permit and the site for compliancy every 18 months at the expense of the current property owner and shall be billed directly from the city for those services. The owner/applicant shall contact the city immediately if change of ownership or property boundaries occur and shall provide the appropriate certificate of surveys, documents of dedication and any additional supporting documentation as requested by the Zoning Administrator. The city shall require a performance bond from the applicant to ensure that the requirements of this chapter and the interim use permit are adhered to. The bond amount shall be determined at an amount sufficient to completely restore the property to its natural aesthetic value at the most intense use of the property and that amount shall be determined by an engineer registered in the state.
(2) The following information shall be provided by the owner/applicant of the affected site:
(a) Name and address of the entity requesting the interim use permit and the current owner of the property affected by the mining and extraction operations;
(b) Certificate of survey signed by a land surveyor registered in the state dated within 12 months of the date of the application for the interim use permit;
(c) Complete legal description and acreage of the area to be affected by the mining and extraction operation; and
(d) The following maps shall be required of the site and shall include all areas within 1,000 feet of the site. All maps shall be drawn at a scale of one to 100 feet unless otherwise stated below:
1. Map A - existing conditions to include:
a. Contour map at two-foot intervals. Existing vegetation;
b. Existing drainage and permanent water areas;
c. Existing structures;
d. Existing wells; and
e. All property owners within 1,000 feet of the site.
2. Map B - proposed operations to include:
a. Structures to be erected. The structures shall be subject to all Zoning and Building Code regulations and permitting procedures;
b. Exact location of sites to be mined indicating depth of proposed excavation;
c. Exact storage location of mined materials, indicating maximum height of deposits;
d. Exact location of stationary machinery to be used in the mining operation;
e. Exact location of vehicle parking and access roads. Additional review by the county and/or the state may be required;
f. Truck routes and approximate hours of travel;
g. Location of storage of explosives; and
h. Erosion and sediment control structures.
3. Map C - staging plan to include:
a. Final grade of proposed site showing elevations and contour lines at two-foot intervals;
b. Location and species of vegetation to be replaced;
c. Written reclamation and staging plan;
d. Written final development plan; and
e. The following plans shall be submitted in written form and shall be required at the time of application:
(i) Soil, erosion and sediment control;
(ii) Dust and noise control;
(iii) A complete description of all phases of the proposed operation to include an estimate of duration of the mining and excavation operation, location and approximate acreage of each stage and specific time schedule for reclamation;
(iv) Recycling plan for concrete or any other forms of aggregate; and
(v) Additional supporting documents as requested by the Zoning Administrator.
(B) Renewal of mining and excavation interim use permits.
(1) Immediate cessation of all mining and excavations shall be ordered by the city if the owner/applicant of the operation fails to adhere to any of the provisions of the interim use permit.
(2) An increase in the intensity of the operations agreed upon in the interim use permit shall require the owner/applicant to apply for a new interim use permit at the expense of the owner/applicant.
(3) All city and county property owners and residents within 1,000 feet of the mining and excavation operation shall be notified of the public hearing for the interim use permit. County Planning and Zoning Administrators shall also be notified and resulting comments shall be taken under advisement by the city.
(C) Use restrictions. In addition to obtaining an interim use permit for mining and excavation of gravel, sand and other minerals, individual interim use permits shall also be required for the following activities to be conducted on the site where the mining and excavation activities are located:
(1) The crushing, washing, refining or processing of materials;
(2) In stone quarries, the production or manufacturing of veneer stone sills, lintels, cut flagstone, hearth stones, paving stones and similar architectural or structural stone and the storing or stockpiling of the products on the site; and
(3) The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready-mix concrete and any similar production or manufacturing processes which might be related to the mining and excavation operation.
(4) The Zoning Administrator may recommend additional performance standards as part of the issuance of an interim use permit.
(D) Performance standards. Interim use permits approved under this chapter for mining and excavation operations shall be subject to the following performance standards.
(1) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed according to city regulations in order to maintain a reasonably neat appearance and to minimize seeding on adjacent property.
(2) All equipment used for mining and excavation operations shall be constructed, maintained and operated in a manner as to minimize as far as practicable, noise, dust and vibrations adversely affecting the surrounding property.
(3) The mining operation shall be conducted in a manner as to minimize interference with the surface water drainage within, and outside of the boundaries of the city.
(4) Safety fencing may be required by the city around all or a portion of the mining and excavation operation.
(5) To minimize problems of dust and noise and to shield mining and extraction operations from public view, a vegetative screening barrier shall be required between the mining and excavation site and adjacent properties. A screening barrier may also be required between the mining and excavation site and any public road location within 500 feet of any mining and excavation or processing operation.
(6) Processing of gravel or minerals shall not be conducted closer than 200 feet from the property line or closer than 200 feet from any residential, commercial or industrial structure. Mining and excavation operations shall not be conducted closer than 100 feet from the boundary of any zoning district where the operations are not permitted. Mining operations shall not be conducted closer than 100 feet from the right-of-way line of any existing or platted street, road or highway, except that excavating may be conducted within the limits in order to reduce the elevation thereof to conform to the existing or platted street, road or highway.
(7) Access to the site shall be provided from secondary roadways and shall be subject to review by the County or State Engineer.
(E) Restoration requirements. Rehabilitation of mining and excavation sites shall commence immediately after mining and excavations cease. Rehabilitation shall be completed within one year after commencement. The following standards shall apply.
(1) Removal of building structures and plants.
(a) All building structures and equipment incidental to the operation shall be dismantled and removed by and at the expense of the mining and excavation operator last operating the building structures and equipment within the following period of time:
1. Within 60 days after the termination of mining operation; and
2. Within 60 days after abandonment of the operation for a period of 90 days or more.
(b) A temporary interim use permit may be granted for those building structures and equipment required to process previously mined materials stored on the site. The temporary interim use permit shall allow the continued use for a period of no greater than one year after which the building structures and equipment shall be removed.
(2) Surface grading. The peaks and depressions of the area shall be graded and back-filled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding and which will minimize erosion. Grading of finished slopes shall not exceed acceptable civil and/or environmental engineering standards and practices.
(3) Reclamation and staging. Reclamation and staging shall begin after the mining or excavation of 25% of the total area to be mined or excavated, or four acres, whichever is less. Once this area has been depleted of the mine as deposits, it shall be sloped and seeded in accordance with the preliminary mining plan.
(4) Reclaimed areas. Reclaimed areas shall be surfaced with soil of a quality at least equal to the topsoil of the land areas immediately surrounding and to a depth of at least six inches. The topsoil shall be seeded, sodded and planted. The planting shall adequately retard soil erosion.
(5) Completion of reclamation project. Following the completion of the reclamation project, the Planning Director shall be notified and given the opportunity to inspect the site with assistance of the City Engineer or Water Resource Engineer in order to determine if the site is in compliance with the approved reclamation plan and all final conditions. If the site is not in accordance with the reclamation plan, the Planning Director shall notify the owner/applicant of deficiencies in written form and the deficiencies shall be corrected at the expense of the owner. If the site is in accordance with the plan, the Planning Director shall issue a letter of acceptance within 30 days to the owner/applicant.
(6) Failure to comply. Failure to comply with the terms of the staging or final development plan shall result in the city exercising the bond in order to properly restore the site to comply with conditions in the permit
(Ord. 583, passed 8-26-2019)