In order to ensure that an area of excavation operation shall be rehabilitated, the owner or operator shall, prior to the commencement of excavation, submit to the Building Inspector three copies of a plan for such rehabilitation in the form of the following:
(A) Operations. A description of all phases of the contemplated operation and the specific mention of type of machinery and equipment which will be or might be necessary to carry on the operation. Where the operation is to include the washing of sand and gravel, the estimated daily quantity of water to be required, its source and disposition shall be made a part of this description;
(B) Legal description. A legal description of the proposed site with a map showing its location with indications of private access roads, existing or proposed, and of public highways adjacent to the site which will be affected by the operation;
(C) Topographic map. A topographic map of the area at a minimum contour intervals of five feet extending beyond the site to the nearest public street or highway, or to a minimum distance of 300 feet on all sides;
(D) Physical plan. A physical rehabilitation plan showing the proposed contours after rehabilitation and other special features of rehabilitation, and the method by which such rehabilitation is to be accomplished;
(E) Bond required.
(1) An initial bond written by a licensed surety company in the state, or a cashier’s check made out in favor of the county in the amount of $5,000 to ensure the performance of the rehabilitation agreement. Upon an adequate and thorough investigation of the proposed operation by the Building Inspector, he or she will recommend in writing to the County Commission that said $5,000 bond is sufficient to ensure compliance with rehabilitation requirements or will recommend a higher amount necessary to ensure compliance. Upon receipt of his or her recommendations, the County Commission will determine whether or not the bond or check posted is sufficient. In the event that a larger bond is required, a bond written by a licensed surety company in the state or a cashier’s check made out in favor of the county must be posted by the applicant prior to his or her commencement of operations, for such additional amount.
(2) In the event of applicant’s failure to fulfill this agreement, such bond or check shall be subject to forfeiture as follows:
(a) In the event of failure, the applicant shall be given ten days’ notice of a forfeiture hearing; and
(b) In the event the applicant, at such hearing, is not able to show cause why the forfeiture should not occur, the bonding company or principal shall pay to the county the amount of the bond, or the check shall be forfeited, or, in either event, the lesser amount as necessary to complete said rehabilitation.
(F) Proceed upon termination of operation. Rehabilitation shall proceed, as soon as practicable, after termination of the excavation operations. However, the owner or operator may, at his or her option, submit a plan for progressive rehabilitation as the excavation operation is carried on. The required bond in such case may cover progressive stages of the rehabilitation for periods of not less than two years;
(G) Modification of plan. At any stage during the rehabilitation, the plan may be modified by submission and approval of an amended rehabilitation plan as required in the original application; and
(H) Referral to Planning Commission. Three copies of the rehabilitation plan and all data and information pertaining thereto shall be referred to the Planning Commission by the Building Inspector within 15 days after receipt thereof for report and recommendation. The Planning Commission will have 30 days in which to respond. If approved, the Planning Commission shall express its written approval, with whatever conditions are attached, by returning one copy of the rehabilitation plan signed by the Chairperson of the Planning Commission, to the Building Inspector, and one copy to be delivered to the owner or operator. If the plan is disapproved, the Planning Commission shall indicate its disapproval in writing and reasons therefor by similarly signed copies.
(Prior Code, § 7-1-7) (Ord. 50, passed 7-6-1970)