All excavations, extractions of materials and minerals, open pits and impounding of waters hereafter established or enlarged shall conform with the provisions of this section and any other ordinance or regulations of the city.
(A) Definition. EXCAVATION, as used in this section, shall mean any artificial excavation of the earth, within the city, dug, excavated, or made by the removal from the natural surface of the earth of sod, soil, sand, gravel, stone or other matter, or made by tunneling or breaking or undermining the surface of the earth. Excavating ancillary to other construction of any installation erected or to be erected, built, or placed thereon contemporaneously with or immediately following the excavation and covering, or to cover the excavation when completed, are excepted, it a permit has been issued for construction or installation. Excavation not exceeding 50 square feet of surface area or two feet in depth and excavation including impounding of water for agriculture purposes are exempted.
(B) Conditional use permit required. No person shall hereafter dig, excavate, enlarge, make, maintain or allow to be maintained, upon property owned or used by him or her, any open pit or excavation or any impounded water, without first making an application for and obtaining from the city a conditional use permit therefor.
(C) Application. Application for a permit shall be made in such form, and the applicant shall furnish information as shall be required by the City Planning Commission or Council, and among other things shall state the following. The application shall be filed with the Zoning Administrator and processed in a manner required for all conditional use permit applications.
(1) His or her true name and address.
(2) A full description of the location of the land where the pit or excavation is or is to be, where the impounded waters are or are to be maintained, and also a full description of the location on the land of the pit, excavation or impounded waters.
(3) When required by the state, an approval by the state to impound the waters or to make the excavation as described in the application.
(4) The purpose of the pit or excavation or the quantity of water impounded.
(5) The highways, roads, or other public ways in the city upon and along which any material for removal is to be hauled or carried.
(6) The estimated time when building or removing will begin and be completed.
(D) Filing of map, plat. The City Planning Commission or Council may require a map or plat of the proposed pit or excavation to be made and filed with the application before acting on the same, showing the confines or limits thereof, together with a plan indicating the topography and overall condition of the site after extraction is completed. A similar map or plat may be required to the proposed container for the impounded waters.
(E) Conditions of permit. The Planning Commission or Council, as a prerequisite to the granting of a permit or after a permit has been granted, may require the applicant to whom a permit is issued or the owner or user of the property on which the open pit or excavation or impounded waters are located to do the following.
(1) Properly fence any pit or excavation.
(2) Slope the banks and otherwise properly guard and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks.
(3) Properly drain, fill or level any pit or excavation, after created, so as to make the same safe and healthful as the Commission shall determine.
(4) Keep any pit, excavation or impounded waters within the limits for which the particular permit is granted.
(5) Remove excavated material from any pit or excavation, away from the premises, upon and along any highways, streets or other public ways as the Commission shall order and direct.
(6) Secure a bond. The City Planning Commission or Council may require either the applicant or the owner or uses of the property on which to open pit or excavation or impounded waters is located to post a bond, in a form and sum as the Board shall determine, with sufficient surety running to the city, conditioned to pay the city extraordinary cost and expense or repairing, from time to time, any highways, streets, or other public ways where repair work is made necessary by the special burden resulting from hauling and travel, in removing materials from any pit, excavation or impounded waters, the amount of the cost and expense to be determined by the appropriate city employee, and conditioned further to comply with all the requirements of this section and the particular permit, and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom a permit is issued.
(F) Fill or deposition in the floodplain. The fill or deposition of materials in the floodplain shall be permitted only in instances where it will not interfere or add to or increase flood potential at other locations in the floodplain. The fill or deposition area will be so constructed as not to add siltation to the flood waters.
(Ord. 221, passed 11-6-1995) Penalty, see § 10.99