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All material extraction operations shall conform to the following standards. The property owner is ultimately responsible for ensuring that these standards are met.
A. Excavation: Excavation shall be performed in accordance with good engineering practice and shall not damage, undermine or be proven to have caused instability to adjoining property. All property boundaries must be identified and such marking continuously maintained in the field by markings such as metal posts, stakes, flagging or blazed trees. All federal and state laws and regulations and county ordinances relating to ground water and surface waters must be complied with.
B. View Screening: All material extraction operations shall be screened from view from adjacent public ways with berms, walls, fencing or vegetation. Screening shall be no less than six feet (6') in height and must block the view of auto and pedestrian traffic of the extraction operation except in areas located within the floodplain where such structures would interfere with the flow of floodwaters. The plans for screening barriers must be included in the permit application. Berms shall be vegetated with native or better vegetation. In operations where valuable resources occur adjacent to public ways, the operator shall excavate such material, backfill and construct the required screen within twelve (12) months of the date of the permit. In operations where valuable resource does not exist adjacent to the public way, screening must be completed within one hundred twenty (120) days after the date of the permit.
C. Reclamation: Reclamation activity shall be required of any excavation which has been discontinued for a period of one year. Reclamation in accordance with the requirements of Arizona Revised Statutes title 27, chapter 6 shall be completed within one year after the date on which discontinuance occurred, unless an extension is granted pursuant to Arizona Revised Statutes section 27-1226. All gravel extraction operations shall be restored as set out in the reclamation plan approved by the state mine inspector with review, added recommendations, and approval of the town council.
D. Transportation: All vehicles operating on the public roads of the town with a load of sand, gravel, crushed stone or soil shall comply with applicable town, state and federal law.
E. Access: Access to material extraction areas shall be controlled by the owner, lessee, or with the pit being enclosed by a six foot (6') fence or wall or an approved vegetation barrier, with locking gates or cables at the entrance of all access roads. Gates or cables shall be closed and locked except during hours of operation.
F. Hours Of Operation: The hours of operation for all material extraction and processing operations will be six o'clock (6:00) A.M. until ten o'clock (10:00) P.M. from November 1 through March 31, and five o'clock (5:00) A.M. until nine o'clock (9:00) P.M. from April 1 through October 31, except as follows:
1. Where the operator's customer has specified the start time for project paving, material placement or pouring operations which requires material excavation or processing operations to occur prior to or after the above specified hours of operation, the operator may so operate so long as written notice of such operation is provided to the town manager prior to the commencement of such operation and approval of the town manager is obtained.
2. The limit on hours of operation shall not apply to the operation of crushers, generators, loaders and related equipment which may be required to produce adequate inventories of aggregate materials to meet customer requirements.
All equipment operated after dusk and prior to dawn shall utilize strobe lights in lieu of horns or beepers when backing up, compliant with MSHA part 57.14132.
G. Noise: The ambient noise level shall comply with subsection 10-6-7C of this code.
H. Mitigating Dust And Particulates Control: In order to mitigate traveling dust and dust plumes, the owner/operators shall use water trucks and other spray devices to sprinkle areas where dust forms on roadways or around equipment on site to comply with applicable town and state air quality regulations.
The owner, lessee, or operator shall use dust and particulate trapping devices and structures such as canopies, covers or plastic barriers which trap, stop and impede migrating dust and airborne particulates to the extent required to comply with applicable air quality laws and ordinances.
Upon issuance of a notice of violation of an applicable air quality law or ordinance, the owner and/or operator shall take immediate remedial action such as the injection of water, water spray, or mist to prevent dust and particulate migration or to terminate the operations causing the migrating dust. (Ord. 08-310, 6-24-2008)