(A) No later than 120 days after the receipt of a complete reclamation plan, the Planning Commission shall hold a public hearing upon the reclamation plan. At the public hearing, the Planning Commission shall consider any comments received from the Department of Conservation and the Department of Transportation (if applicable) regarding the subject reclamation plan. Notice of the public hearing shall be given in accordance with the provisions of
§ 17.52.320 of this Code.
(B) A decision to approve, deny, modify or revise a reclamation plan shall be made by the Planning Commission at the conclusion of the public hearing thereon unless the applicant agrees to an extension. The Planning Commission shall approve a reclamation plan upon making the following findings:
(1) The reclamation plan complies with § 15.30.400, and any other applicable provisions of State law.
(2) The reclamation plan and the proposed use of reclaimed land pursuant to the plan are consistent with the city's general plan and any applicable resource plan or element.
(3) All significant adverse environmental impacts from the reclamation of the surface mining operation shall he mitigated to the maximum extent feasible.
(4) Either: (1) the land and resources to be reclaimed (e.g. water bodies) will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources; or (2) suitable off-site development will compensate for related disturbance to resource values.
(5) The reclamation plan will restore the mined lands to a useable condition which is readily adaptable for alternative land uses consistent with the General Plan and any applicable resource plan.
(C) If the Planning Commission does not approve a reclamation plan, the Planning Commission shall return the plan to the applicant within 60 days. The applicant shall have 60 days from the date on which the reclamation plan is returned to revise the plan to address identified deficiencies.
(D) Within 15 days of approving, modifying or revising a reclamation plan, the Planning Commission shall transmit to the applicant a copy of the approved reclamation plan. Copies of the approved reclamation plan shall be provided to the Department of Conservation and to the Department of Transportation (if applicable) and to any person who has requested in writing that such copies be provided.
(`83 Code, § 15.30.440) (Ord. 97-03 § 1, 1997)