All excavations, extraction of materials and minerals, open pits and impounding of waters hereafter established or enlarged shall conform to the provisions of this section and any other provisions of the city code or regulations of the city.
(A) Definition. EXCAVATIONS, as used in this section, shall mean any artificial excavation of the earth, within the city, dug, excavated or made by the removal from the natural surface of the earth of sod, soil, sand, gravel, stone or other matter or made by tunneling or breaking or undermining the surface of the earth. Excavations ancillary to other construction of any installation erected or to be erected, built or placed thereon contemporaneously with or immediately following the excavation and covering or to cover the excavation when completed are excepted, if a permit has been issued for the construction or installation. Excavations not exceeding 50 square feet of surface area and two feet in depth are accepted.
(B) Conditional use permit required. It is unlawful for any person to hereafter dig, excavate, enlarge, make, maintain or allow to be maintained, upon property owned or used by him or her, any open pit or excavation of any impounding water, without first making an application for and obtaining from the Council and the Planning Commission a conditional use permit therefor.
(C) Application.
(1) Application for the permit shall be made in a form, and the applicant shall furnish information, as shall be required by the Council and among other things shall state:
(a) Applicant’s true name and address;
(b) A full description of the location of the land where the pit or excavation is or is to be or where the impounded waters are or are to be maintained, and also a full description of the location on the land of the pit, excavation or impounded waters;
(c) When required by the state, an approval by the state to impound the waters or to make the excavation as described in the application;
(d) The purpose of the pit or excavation or the quantity of water impounded;
(e) The highways, streets or other public ways in the city upon and along which any material for removal is to be hauled or carried; and
(f) The estimated time when building or removing will begin and be completed.
(2) Such application shall be filed with the Zoning Administrator and processed in a manner required of all conditional use permit applications.
(D) Filing of map, plat. The Council may require a map or plat of the proposed pit or excavation to be made and filed with the application before acting on the same, showing the confines or limits thereof, together with the proposed depth thereof at different parts thereof. A similar map or plat may be required in regard to the proposed container for the impounded water.
(E) Conditions of permit. The Council as a prerequisite to the granting of a permit or after a permit has been granted may require the applicant to whom the permit is issued or the owner or user of the property on which the open pit or excavation or impounded waters are located to:
(1) Properly fence any pit or excavation;
(2) Slope the banks and otherwise properly guard and keep the pit or excavation in such condition as not to be dangerous from caving or sliding banks;
(3) Properly drain, fill or level any pit or excavation, after created, so as to make the same safe and healthful as the Council shall determine;
(4) Keep any pit, excavation or impounded waters within the limits for which the particular permit is granted;
(5) Remove excavated material from any pit or excavation, away from the premises, upon and along the highways, streets or other public ways as the Council shall order and direct; and
(6) Provide, for the purpose of retaining impounded waters, a container of sufficient strength and durability and maintain the container in safe and proper condition.
(F) Bond may be required. The Council may require either the applicant or the owner or user of the property on which the open pit or excavation or impounded waters are located to post a bond, in such form and sum as the Council shall determine, with sufficient surety running to the city, conditioned to pay the city the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where the repair work is made necessary by the special burden resulting from hauling and travel, in removing materials for any pit, excavation or impounded waters, the amount of such cost and expense to be determined by the City Engineer; and conditioned further to comply with all the requirements of this section and the particular permit, and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom a permit is issued.
(Prior Code, § 11.20)