[HISTORY: Adopted by the City Council of the City of Rockwood as Ch. 1462 of the 1989 Codified Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Grading and soil erosion control — See Ch. 102.
Street excavations — See Ch. 217, Art. I.
Subdivision regulations — See Ch. 221.
Guarding of trees near excavations — See Ch. 235, § 235-6.
Fees and/or permits — See Ch. A276.
As used in this chapter, the following terms shall have the meanings indicated:
EXCAVATE
The cutting or digging and removal of earth, gravel, sand, rock or other materials.
FILLING
The depositing or dumping of any matter onto or into the ground, except common household gardening and general farm care.
GARBAGE
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.
QUARRY EXCAVATION
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.
RUBBISH
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.
SOIL REMOVAL
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.
TOPSOIL
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]
Editor's Note: See Ch. A276, Fees and/or Permits.
(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.
B. 
Removal or filling operations. A fee as set by resolution of the City Council shall be paid to the City Clerk at the time of filing any application for a permit for removal or filling operations.[3]
[3]
Editor's Note: See Ch. A276, Fees and/or Permits.
[1]
Editor's Note: See Ch. A276, Fees and/or Permits.
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.
B. 
The permit shall be issued if Council determines that the issuance of the permit would not detrimentally affect the public health, safety, morals and general welfare of the residents of the city.[1]
[1]
Editor's Note: Original Section 1462.06, Permitted uses in CM-1 Commercial Mining Districts, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.
(7) 
Explosives may be used only in accordance with ordinances and requirements of Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.
(6) 
Explosives may be used only in accordance with ordinances and requirements of Council.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III). Former Subsection (c) of Section 1462.07, Filling operations, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).