(A) Permit required; permit renewal.
(1) A permit for new excavation shall be obtained from the City Engineering Department.
(2) After an original permit for an excavation has been issued, the enforcing officer shall issue a renewal permit for the continuance of the excavation in accordance with the original permit and plans, where the work has been conducted in accordance with those plans and with these regulations.
(3) Within 30 days after this Code is adopted, owners or operators of existing excavations shall submit to the enforcing officer a plat showing their presently owned property adjacent to and forming a continuous property with the existing excavation area. The plat shall also show future right-of-way lines and the final limits to which the owner or operator plans to carry excavations in that property. These plats are to be kept for record, and the excavations indicated thereon will be exempt from the requirements of these regulations, with the following exceptions:
(a) The owners or operators of excavations existing at the time this Code is adopted shall apply for an excavation permit within 30 days after this section is officially adopted.
(b) Divisions (A)(5) and (A)(6) of this section shall apply to excavations existing at the time this section is officially adopted.
(4) Yearly renewals of the excavation permit shall be granted to the owners and operators of excavations existing at the time this section is adopted, provided the applicable requirements are complied with.
(5) Any extension, beyond the excavation limits shown in each plat required by division (A)(3) of this section to be filed with the Engineering Department, shall be treated as a new excavation; and shall, therefore, be subject to the full requirements of these regulations.
(6) Where excavation has been discontinued for a period of six months or more, or has been abandoned, any renewal or resumption of excavation shall be required to be subject to a permit for a new excavation, and the issuance of a permit therefor shall be subject to all the requirements of this section for a new permit.
(B) Application for permit; plans and surveys. Applications for original permits shall be accompanied by the following:
(1) A lot plan to show the property owned or controlled by the applicant with reference to streets, highways, and contiguous platted areas.
(2) Cross-sections to show approximate elevation and grades at the final outside boundaries of excavation.
(3) A final grading plan to show the ground elevations of the land immediately adjacent to the side of the excavation and all of bounding streets or roads.
(4) Upon completion of the excavation, and when there is a question that the excavation is in accordance with the plans approved, a topographical survey may be required showing elevations and cross-sections of the final outside boundaries of each excavation at 100-foot intervals.
(5) The plans, maps, elevations, and cross-sections required by this section shall be made by a surveyor-engineer registered as such by the state.
(C) Performance bond. The applicant for a permit for an excavation shall post a performance bond which, shall be determined by the City's Engineering Division for each waterway to be excavated conditioned upon complete compliance with the regulations of the city pertaining to the initiation, conduct, and completion of excavations in a manner conforming to this subchapter, within a period of not more than one year after the excavation has been carried to the extent authorized by a valid permit, or after work on excavation has been abandoned or discontinued for a period of six months or more.
(D) Zoning limitations.
(1) The use of heavy machinery for extraction and removal of natural material or deposits is permissible where the removal has been approved and authorized by permit.
(2) The land area exposed by the extraction and removal of natural materials or deposits shall be left suitable for future use and development purposes in accordance with the final grading plan and in accordance with any zoning regulations applicable thereto.
(3) New excavation shall be a permissible use only in a zoning district wherein that use is permissible under this Code, subject to the provisions of this section.
(4) An existing excavation for which a permit is issued pursuant to § 155.6102(A) may be continued and extended pursuant to that permit and shall not be construed to be a nonconforming use.
(E) Location. No excavation shall be allowed within 50 feet of the future right-of-way line for any street or highway, nor within 100 feet of any private property line for lots less than one acre and 30 feet of any property line for lots one acre or greater.
(F) Posting of warning signs. During the excavation operations, the premises shall be suitably posted with warning signs of such character and location as may be adequate to warn the public concerning possible hazards.
(G) Conduct of excavation operation.
(1) The grading, leveling, and sloping of the final banks shall be on a progressive basis as the project develops and the excavation progresses.
(2) If sand is encountered during excavation, the vertical cut at the final bank shall be modified in such a manner that the required perimeter slope of one vertical to five horizontal will be sustained and maintained.
(3) The property shall be staked along the property line and the top-slope line in the portion of the final perimeter to which the excavation extends during the period covered by the yearly permit in effect. Stakes shall be maintained in proper fashion during that period so that the limits of excavation slopes and grade levels in that portion of the final perimeter may be easily determined and verified.
(4) During the entire operation, dynamite shall not be used except in accordance with state regulations.
(5) The hours of operation shall be limited to the period between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday.
(6) Every owner or operator of any excavation shall be insured to the extent of $100,000 against liability arising from any activities or operations incidental to excavation carried on or conducted pursuant to any permit or approval given for that excavation by the city.
(7) All excavation access-roads shall be well sprinkled to minimize dust. This sprinkling shall not be required 500 feet or more from a public street or highway.
(H) Clean-up and rehabilitation.
(1) Upon completion of the project, the property shall be dressed up so that it will be left in a presentable condition.
(2) The perimeter of the excavation shall be properly backfilled and graded. Slopes shall comply with § 154.31(E).
(3) Whenever excavation operations on any property shall have been completed, abandoned, or permanently discontinued, then all plants, buildings, structures (except fences), and equipment shall be entirely removed from that property; and all stockpiles, topsoil, refuse, or waste materials shall be removed, redistributed on the premises, or backfilled within the pit, within one year after the completion. However, the provisions of this division shall not apply to any plants, buildings, structures, equipment, or stockpiles whenever and so long as any rock, gravel, or other materials shall be available from other properties for processing by or through any such plants, buildings, structures, or equipment.
(4) These provisions shall not apply to any portion of an existing excavation which was in existence at the time of the passage of these regulations.
(I) Filling of excavations; permit required. Excavations may be filled if a permit is obtained from the Engineering Division, subject to the following conditions:
(1) The applicant for permit and the owner of property shall comply with such terms and conditions as may be required to prevent objectionable odors; to prevent the operation from becoming detrimental to the health, safety, and general welfare of the adjacent neighborhood; and which will prevent promiscuous dumping by unauthorized persons.
(2) That a top-dressing, consisting of not less than one foot of clear fill, shall be provided so that the property shall be in a clean, presentable, and sanitary condition.
(3) That the owner of the property, and the operator, shall post a bond in such amount as may be determined by the enforcing officer as necessary to insure compliance with the terms and conditions as may be established for the filling permit.
(4) No permit shall be issued for, or excavation or other area filled with refuse, debris, junk, organic material or garbage, unless the use conforms to all applicable zoning resolutions and conforms to any applicable regulations of the appropriate health officials.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)