(A) Where an excavation in excess of five feet will result from such operations, the applicant shall erect a fence with appropriate “KEEP OUT - DANGER” signs completely surrounding the portion of the site where the excavation extends, said fence to be not less than four feet in height, complete with gates, which gates shall be kept locked when operations are not being carried on. Where an operator can demonstrate that no attractive nuisance exists, the City Council may waive the requirement for fencing.
(B) Any roads used for the purpose of ingress and egress to said excavation site which are located within 300 feet of occupied residences, shall be kept dust free by surfacing with concrete, bituminous aggregate or approved chemical treatment. The City Council may waive the requirements hereof.
(C) Side slopes around the perimeter of the site and the banks adjacent to ponded water shall not have a slope exceeding one vertical foot for each two horizontal feet. The slope extending into the water shall also not exceed this ratio from the edge of the water out to a depth of five feet.
(D) Where quarrying operations result in a body of water, the owner or operator shall place appropriate “KEEP OUT - DANGER” signs on the perimeter fence not more than 200 feet apart. If the water supply of the city is adversely affected by any pumping or draining of water from such a quarrying operation, the city shall issue a cease and desist order and the operator shall comply therewith. A method of quarrying approved by the City Council shall be followed.
(E) No cut or excavation shall be made closer than 100 feet from the nearest street or highway right-of-way line nor nearer than 50 feet to the nearest property line; provided, however, that the City Council may prescribe more strict requirements in order to give sublateral support to surrounding property where soil or geographic conditions warrant it. In any reuse plan, the excavation may cut within 25 feet of any property line so long as the required slope commences at that point. Under no circumstances may such a cut be made for mining or stripping purposes.
(F) Sufficient topsoil shall be stockpiled on said site so that the entire site may be recovered with a minimum of four inches of topsoil. Revegetation of the pit shall be started as soon as the first ten acres are completely excavated and shall progress in stages as the excavation progresses. The slopes of the pit shall be graded and seeded in accordance with the approved reuse plan and in a manner that prevents erosion. Topsoil shall not be removed from the site until it is demonstrated that this requirement has been met.
(G) The City Council shall require more stringent requirements where the impact assessment and/or statement demonstrates the need for such in the interest of the public health, safety and general welfare.
(1979 Code, § 5.408) (Ord. 96, passed 5-5-1987) Penalty, see § 152.99