[HISTORY: Adopted by the City Council of the City of Rockwood
as Ch. 1462 of the 1989 Codified Ordinances. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The cutting or digging and removal of earth, gravel, sand,
rock or other materials.
The depositing or dumping of any matter onto or into the
ground, except common household gardening and general farm care.
All waste, animal, fish, fowl, fruit or vegetable matter
that is accumulated incident to the preparation, use, cooking, dealing
in or storage of meat, fish, fowl, fruit and vegetables, including
spoiled food, dead animals, animal manure and fowl manure.
Any breaking of the ground to hollow out, by cutting or digging
and removal, any soil matter, except common household gardening and
general farm care.
Miscellaneous waste materials resulting from housekeeping,
mercantile enterprises, trades, manufacturing and offices, including
waste matter such as slag, stone, broken concrete, fly ash, ashes,
tin cans, glass, scrap metal, rubber, paper, rags, chemicals and any
similar materials or related combinations thereof.
Removal of any kind of soil or earth matter, including topsoil,
sand, gravel, clay or similar materials, or a combination thereof,
except common household gardening and general farm care.
The upper layer of earth bearing plant-supporting organic
matter extending from the surface of the ground to a depth of not
more than 18 inches. Once topsoil has been removed from land, the
remaining earth shall not be considered topsoil unless it has been
reseeded with plant growth or until not less than three calendar years
have elapsed since such reseeding.
A.
From and after the effective date of this chapter (Ordinance 199,
passed February 15, 1978), no person shall engage in or conduct a
quarry excavation, or strip any topsoil, sand, clay, gravel or similar
material, or use lands for filling within the incorporated area of
the city, without first submitting an application as prescribed to
Council and obtaining a permit therefor from the Building Official.
B.
No permit will be required for the following:
(1)
Excavations for building construction purposes, pursuant to a building
permit duly issued under the Building Code;
(2)
Where the moving, grading or leveling of such material is carried
out by the landowner for the immediate use or development of the land
upon which such material is found. However, where sand, gravel, topsoil
or other substances are removed from the site where found to another
site of different ownership, a permit will be required.
(3)
Where the moving, grading or leveling of such material is carried
out by the landowner for the immediate use or development of platted
lots or for the regrading of existing home sites for general home
grounds care or gardening.
Before approving and authorizing a permit required by this chapter,
Council shall conduct a public hearing concerning an application therefor.
A separate permit shall be required for each separate site. Each application
shall be made in writing to the City Clerk and shall contain the following
information as a condition precedent to the obligation to consider
such request:
A.
Names and addresses of parties of interest in such premises, setting
forth their legal interest in such premises;
B.
A full legal description of the premises wherein operations are proposed;
C.
A detailed proposal as to the method of operation and the type of
machinery or equipment to be used, and the estimated period of time
needed to complete such operation;
D.
A detailed statement as to exactly what type of deposit is proposed
to be extracted or deposited;
E.
The proposed method of filling the excavation or another method of
reclamation which has been submitted to the State Department of Natural
Resources as required by state law;
F.
A topographic map, showing existing grades, prepared by a registered
civil engineer or a registered land surveyor, and a topographic map,
showing final proposed grades at the completion of reclamation, prepared
by a registered geologist or a registered landscape architect. Such
maps shall be submitted for review by Council.
G.
Such other information as may be reasonably required by Council to
base an opinion as to whether or not a permit should be issued.
A.
Quarry excavations.
(1)
The sum of as set by resolution of the City Council shall accompany
the application for a quarry excavation permit. Such sum shall be
used to defray the cost of engineering services, investigations, publication
charges and other miscellaneous administrative expenses occasioned
by processing such application. Quarry excavation permits issued by
the City shall expire 20 years from the date of issuance. Such permits
shall be subject to the payment of an annual inspection fee as Council
may deem necessary to meet current inspection costs.[2]
(2)
Such permits shall be renewed as herein provided for so long as the
permittee complies with this chapter and other conditions of the permit.
Council, on its own motion, may initiate, every five years from the
date of issuance of the original permit, a review of the conditions
of any permit and may modify such conditions if it is found necessary
to do so in the public interest. If there is no motion to review or
modify the conditions of any permit, that permit will be automatically
renewed at the end of each five-year period from the date of issuance
of the original permit.
A.
After reviewing all of the information submitted by the applicant
and such other information as may be in the hands of Council, Council
shall, at or following a public hearing, determine whether or not
a permit shall be issued.
The following requirements shall be mandatory:
A.
Quarry excavations.
(1)
Where an excavation in excess of five feet will result from quarrying
operations, the applicant shall erect a fence comletely surrounding
the portion of the site where the excavation extends. Such fence shall
be of wire mesh or other suitable material and not less than five
feet in height, complete with gates, which gates shall be kept locked
when operations are not being carried on.
(2)
Where quarrying operations result in a body of water, the owner,
operator and/or permittee shall place appropriate KEEP OUT - DANGER
signs around the premises not more than 200 feet apart.
(3)
Any roads used for the purpose of ingress to or egress from the excavation
site, which roads are located within 300 feet of occupied residences,
shall be kept dust-free by hard-topping with cement, bituminous substances
or chemical treatment.
(4)
No cut or excavation shall be made closer than 50 feet to the nearest
street or highway right-of-way line, nor closer than 20 feet to the
nearest property line, provided that Council may prescribe stricter
requirements in order to give sublateral support to surrounding property
where soil or geographic conditions warrant it.
(5)
The finished slopes of the banks of the excavation shall be as shown
on a reclamation plan which has been approved by the State Department
of Natural Resources.
(6)
Council may require other performance standards where, because of
peculiar conditions, it deems them necessary for the protection of
the health, safety, morals and well being of the residents of the
city.
B.
Stripping or removal operations.
(1)
No soil, sand, gravel, clay or similar material shall be removed
below a point 12 inches above the mean elevation of the center line
of the nearest existing or proposed street or road established or
approved by the County Department of Public Service, or the city,
except where bona fide mining operations exist and as required for
the installation of utilities and pavements. Where approved county
drain ditches exist and/or are adjacent to the property under permit,
the grade and slope of removal must meet all requirements and the
approval of the county.
(2)
Any roads used for the purpose of ingress to or egress from the excavation
site, which roads are located within 300 feet of occupied residences,
shall be kept dust-free by hard-topping with cement, bituminous substance
or chemical treatment.
(3)
No soil, sand, clay, gravel or similar material shall be removed
in such a manner as to cause water to collect or to result in a place
of danger or a menace to the public health or safety. The premises
shall at all times be graded so that surface water drainage is not
interfered with.
(4)
Wherever topsoil exists, suitable for growing turf or for other land
use, a sufficient quantity of such topsoil shall, at the time the
operations begin, be stockpiled on the site so that the entire site,
when stripping or removal operations are complete, may be recovered
with a minimum of four inches of topsoil. The replacement of such
topsoil shall be made immediately following the termination of the
stripping or removal operation. However, if such stripping or removal
operations continue over a period of time greater than 30 days, the
operator shall replace the stored topsoil over the stripped areas
as he or she progresses. Such replacement shall be in a manner suitable
for growing turf or for other land uses.
(5)
Council may require such other and further requirements as are deemed
necessary in the interest of the public health, safety, morals and
general welfare of the residents of the city.
Council shall, to ensure strict compliance with any regulation
contained herein or required as a condition of the issuance of a permit
either for quarrying, topsoil stripping and removal or filling operations,
require the permittee to furnish a surety bond, executed by a reputable
surety company authorized to do business in the state, in an amount
determined by Council to be reasonably necessary to ensure compliance
hereunder. A permittee may furnish to the City Clerk, by June 30 of
each year, the latest annual financial statement of the permittee,
verified by a certified public accountant as accurate. If such document
establishes, to the reasonable satisfaction of Council, the continuing
financial ability of the permittee to complete all reclamation required
under the plan approved by the State Department of Natural Resources
through June 30 of the year following, then the permittee shall not
be required to post the surety bond. In fixing the amount of such
surety bond, Council shall take into account the size and scope of
the proposed operation, the current prevailing cost of rehabilitating
the premises upon default of the operator, estimated expenses to compel
the operator to comply by court decree, and such other factors and
conditions as might be relevant in determining what is a reasonable
sum in light of all facts and circumstances surrounding each application.
