(a) Generally. The Council finds that surface excavation, unregulated, causes soil erosion, materials landslides, noxious materials, stream pollution, accumulation of stagnant water, increase in the chance of floods and slides, destroys the value of some lands, destroys aesthetic values, counteracts efforts for the conservation of water, soils and other natural resources, and destroys or impairs the health, safety, welfare and property rights of the citizens of the City, where proper surface excavation and reclamation is not practiced.
(b) Permits Required. It shall be hereinafter unlawful for any person, partnership, firm, association, trust or corporation to excavate, remove or disturb the overburden of any property located within the City, if the overburden removed equals or exceeds 1,200 cubic yards of surface and sub soil, or one (1) acre of surface area, excluding any excavation required as a result of construction authorized by the issuance of a City building permit.
No excavation or surface removal, as aforesaid, shall be removed without a permit issued by the City, and then only in accordance with the regulations and specifications of the City. Applications for a surface excavation permit shall be made in writing on forms prescribed by the Council and shall be signed and verified by the applicant.
The application, in addition to other such information as may be reasonably required by the Council, shall contain the following information:
(1) A reasonable estimate of the amount of soil to be removed and excavated and the number of acres of land that will be disturbed,
(2) The owner or owners of the land to be excavated,
(3) The source of the operator's legal right to enter and conduct operations on the land to be covered by the permit,
(4) The names and post office addresses of every officer, partner, director, and applicant must accompany such application,
(5) The names and addresses of the owners of all lands within 500 feet of any part of the proposed disturbed land, which such owners shall be notified by registered or certified mail of such application and such owners shall be given ten (10) days within which to file written objections thereto, if any, with the Council.
(c) Application for Permits. Any person, partnership, firm, association, trust or corporation shall file the permit application with the Mayor or a designated representative. Upon filing an application in proper form, accompanied by the fees and bond required by this Ordinance and after consideration of the merits of the application and written protests, if any, the Council may issue the permit applied for if the applicant has complied with all the provisions of this Ordinance.
The permit shall be valid for one year from the date of issuance. Upon verified application, containing such information as the Council may reasonably require, accompanied by such fees and bonds as required by this ordinance, the Council may, from year to year renew the permit, if the operation is in compliance with the provisions of this ordinance.
The registration fee for all permits for surface excavation shall be fifty dollars ($50.00) per 1,000 cubic yards of overburden to be removed, or per one acre of surface area to be disturbed. The annual renewal fee for permits for surface excavation shall be one hundred dollars ($100.00) per 1,000 cubic yards of overburden to be removed, or per one acre of surface area to be disturbed, payable on the anniversary date of said permit.
The permit of any operator who fails to pay any fee provided for in this Ordinance shall be revoked.
(d) Bond Required. No surface excavation permit under this Ordinance shall be granted until the applicant, or someone acting on behalf of the applicant, has made a cash deposit or given a corporate surety bond to the City in such amount as may be deemed by the Council sufficient to cover the cost of safeguards, disposal of excavated dirt, etc., and restoration of the surface of the area of excavation in compliance with state surface mining regulations.
Each such bond shall be payable to the City, shall have corporate surety, shall be approved by the City Attorney, and shall be conditioned that the work be diligently and skillfully performed, that all necessary safeguards be maintained, that all excavated materials not required for refill be disposed of and that the surface of the place of excavation and not less than seventy-five feet in all directions from the outer perimeter thereof be placed in as good condition as it was immediately prior to the commencement of work and to the reasonable satisfaction of the Council or their agent.
(e) Time in Which Reclamation Shall be Done. It shall be the duty of the operator to commence the reclamation of the area of land disturbed by the operation after the completion of surface excavation of that area in accordance with plans previously approved by the Council and to complete such reclamation within three (3) months after the permit has expired, except that such grading, backfilling and water management practices as are approved in the plans shall be kept current with the operations as defined by rules and regulations of the Council, and no permit or supplement to a permit shall be issued or renewed, if in the discretion of the Council, these practices are not current
(f) Cessation of Operations by Inspector. Notwithstanding any other provision of this Ordinance, a Council designated inspector shall have the authority to order the immediate cessation of any operation where:
(1) Any of the requirements of this Ordinance or the rules and regulations promulgated pursuant thereto or orders of the Council have not been complied with, or
(2) The public safety or welfare call for the immediate cessation of the operation.
Such cessation of operation shall continue until corrective steps have been started by the operator to the satisfaction of the Inspector. Any operator who believes they have been aggrieved by the actions of the Inspector may immediately appeal to the Council setting forth reasons why the operation should not be halted. The Council shall determine immediately when and if the operation may continue.
(g) Noncompliance. If any of the requirements of this Ordinance or rules and regulations promulgated thereto or the orders of the Council have not been complied with within the time limits set by the Council or by this Ordinance, the Council shall cause a notice of noncompliance to be served upon the operator, which notice shall order the operations to cease, or where found necessary, the Council shall order the suspension of a permit. A copy of such notice or order shall be handed to the operator in person, or served by certified mail addressed to the operator at their permanent address shown on the application for a permit.
The notice of noncompliance or order of suspension shall specify in what respects the operator failed to comply with this Ordinance or the rules and regulations of the Council or the orders of the Council. If the operator has not reached an agreement with the Council or has not complied with the requirements set forth in the notice of noncompliance or order of suspension within the time limits set therein, the permit may be revoked by order of the Council and the performance bond shall then be forfeited. If an agreement satisfactory to the Council has not been reached within thirty (30) days after suspension of any permit, any and all suspended permits shall then be declared revoked and the performance bonds with respect thereto forfeited.
When any bond is forfeited pursuant to the provisions of this Ordinance, the Council shall give notice to the City Attorney, who shall collect the forfeiture without delay.
(Passed 2-15-94.)