§ 152.16 APPLICATION FOR PERMIT.
   (A)   Before granting a permit, the City Planning Commission shall conduct a public hearing concerning such application and file its recommendation with the City Council.
   (B)   This requirement of a public hearing shall not apply for nine months after the effective date of this chapter for any pit operation or stripping operation that is in existence, and was in existence, for six months prior to the effective date of this chapter.
   (C)   A separate permit shall be required for each separate site. Each application for a permit (five copies to be submitted) shall be made to the City Clerk and shall, except as otherwise provided herein, contain a topographical survey, engineering plan and a reuse plan (all at the same scale) and the following information as a condition precedent to the obligation to consider such request:
      (1)   Full names and addresses of all parties of interest in said premises, setting forth their legal interest. Proof of said legal interest shall be provided;
      (2)   A boundary survey, sealed by a registered land surveyor, of the premises wherein the operations are proposed shall be provided. The requirements of this section shall not be required of any pit operation or stripping operation in existence at the effective date of this chapter;
      (3)   Topographical survey map at a scale of at least one inch equals 200 feet, showing existing and proposed grades on a two foot contour interval or greater, consistent with sound engineering practice. Said grades shall be prepared and sealed by a civil engineer or land surveyor, registered as such by the state. The topographical survey must be updated each year, prior to issuance of an annual operating permit. For operations existing at the effective date of this chapter, a sealed document shall not be required in the first five years of operation under this chapter. However, a sketch on grid paper showing approximate elevations and proposed elevations at the end of the permit;
      (4)   A statement, cross-sections showing all proposed slopes and calculations by a registered civil engineer or land surveyor showing the cubic yards of the earth material to be removed and a detailed statement and engineering plan as to how the removal is to be accomplished;
      (5)   Detailed site engineering plan drawn at a scale of at least one inch equals 200 feet, which identifies all types of materials to be removed and/or redistributed, an indication of specific places on the property where the fill (redistributed material) is to be placed, storm drainage design including off-site ditch and drain elevations, final grading plan, final drainage pattern, a detailed statement as to the methods of operation, such as wet or dry method, the type of machinery or equipment to be used and the estimated period of time that such operations will cover, where restoration is not complete, as-built drawings showing the present contours of the excavation shall be submitted with each subsequent year’s request for permit renewal. The requirements of this section shall not be required of any pit operation or stripping operation in existence at the effective date of this chapter;
      (6)   Statement of similar operations carried on by the applicant, including location by municipality. The requirements of this section shall not be required of any pit operation or stripping operation in existence at the effective date of this chapter;
      (7)   The type and daily number of vehicles to be used in the proposed operations;
      (8)   Detailed statement as to exactly what type of deposit is proposed to be extracted;
      (9)   Identification of access roads, on-site roads, a drainage plan that identifies grades for proper drainage and any special draining devices, fencing, any existing or proposed structures on the site existing and proposed utilities;
      (10)   A detailed reuse plan, drawn at a scale of one inch equals 200 feet, showing that the entire property will be left in a form that is suitable for development with uses that are permitted in the district, relating such reuse to uses existing or probable for surrounding properties. Among items to be included in such plan are feasible circulation patterns in and around the site, the treatment of the exposed soil or subsoil (including measures to be taken to replace topsoil in excavated areas) in order to make the property suitable for the proposed reuse, treatment of slopes to prevent erosion and delineation of drainageways and floodplains which shall be left undisturbed; and
      (11)   Presentation of an impact assessment which includes an evaluation of the social and ecological environment in and around the site.
   (D)   The following items must be addressed as well and any other characteristics unique to the site or area:
      (1)   Impact on the natural environment.
         (a)   Inventory and describe the existing vegetation and wildlife found on the site. To what extent will they be permanently impaired or eliminated as a result of the proposed operations?
         (b)   Will the proposed operations alter the existing drainage patterns of the area surrounding the site?
         (c)   What effect will the operations have on the quantity and quality of ground water in the area? What steps will be taken to protect wells on adjacent or surrounding property?
         (d)   How will the proposed operations affect air quality in the surrounding area, particularly regarding dust, blowing sand, vehicle emissions and the like?
         (e)   What noise levels will result from the proposed operations, and what steps will be taken to limit noise to an acceptable level?
         (f)   What natural features, such as unique topography, mature trees, natural streams, marshlands, swamps and the like will be destroyed or altered by the proposed operations?
         (g)   How will the proposed operations affect soil stability in the area?
         (h)   Are there potential historic or archaeologic characteristics which may be destroyed?
         (i)   Identify floodplains and the 100-year flood elevation.
      (2)   Impact on the social environment.
         (a)   How will the proposed operation affect the physical and cultural attractiveness of the surrounding area?
         (b)   What impact will the proposal have on landmarks and aesthetic views in the area?
         (c)   Will the proposed operations create a nuisance for residents in the area?
         (d)   What impact will the proposal have on neighborhood character and privacy in the area?
         (e)   How will the operation affect property values and the quality of housing in the adjoining areas?
      (3)   Economic impact.
         (a)   Will the proposal increase employment in the city or the county?
         (b)   How does the petitioner’s past performance indicate financial stability and ensure completion of the proposed project?
         (c)   Will the proposed operations impair the economic growth of any existing land uses?
         (d)   Will the proposed operations impair the usefulness or marketability of adjoining properties?
      (4)   Public service impact.
         (a)   What additional public services, such as police and fire protection, will be required as a result of the proposal?
         (b)   What impact will the proposal have on local tax revenues?
         (c)   Will the proposal significantly increase traffic congestion in the area?
         (d)   What effect will the truck traffic have on road conditions over the proposed haul route?
         (e)   Will the proposed haul route impact any other municipalities other than the city?
   (E)   The above required information is to be provided in sufficient detail to allow the city to systematically and thoroughly evaluate the potential impact of the proposed operations on the surrounding area and the community as a whole. The requirements of this section shall not be required of any pit operation or stripping operation in existence at the effective date of this chapter.
(1979 Code, § 5.404) (Ord. 96, passed 5-5-1987)