[Adopted 3-2-2010 by Ord. No. 8003]
A.Â
An application for a mining permit shall only be granted after a conditional use permit has been issued in accordance with Chapter 361, Zoning. All applications must include the following items:
(1)Â
All required fees as established by the El Reno Council via resolution;
(2)Â
A certified copy of a reclamation plan and a current surety bond
filed with and a current permit issued by the Department of Mines
and Mining of the state, pursuant to the Mining Lands Reclamation
Act (45 O.S. § 721 et seq.), which covers the land for which
application has been made for a permit under this article;
(3)Â
Evidence of the required insurance;
(4)Â
A brief description of the proposed operation should be given, outlining
the equipment and methods to be used; the proposed depth of the area
to be excavated; and the number of cubic yards of earth proposed to
be removed;
(5)Â
The name, address and telephone number of the property owners of
the subject land as recorded in the county courthouse record by the
Registrar of Deeds;
(6)Â
The applicant shall also obtain and file a surety bond payable to
the City, executed by the applicant and the owner of said subject
land as principals and by a corporate surety company authorized to
do business in the State of Oklahoma; and such surety bond shall be
filed with the City Clerk, with a copy to the Community Development
Director. The surety bond required shall not be less than $1 for each
and every cubic yard of earth to be excavated as represented by the
applicant and confirmed by the Community Development Director upon
each application for permission to excavate; provided, however, the
maximum bond required hereunder shall not exceed $300,000. The surety
bond shall be conditioned upon:
(a)Â
The applicant, the owner of the land and the surety company
saving the City harmless from any loss, expense or damage occurring
to or suffered by this City from accident or otherwise;
(b)Â
The applicant refilling the excavation without cost to the City
if said excavation shall be determined to constitute a nuisance in
the opinion of the Community Development Director; and
(c)Â
The applicant implementing and maintaining site control for
safety measures and to prevent pollutant runoff.
(7)Â
An original, sealed, signed report from a certified professional
hydrologist stating the effects of the proposed operation on groundwater
and surface water in the area.
(8)Â
A study that details the impact the proposed operation would have
on roads, bridges and traffic control devices, with an emphasis on
how the proposal would affect public safety.
B.Â
The provisions of Subsection A shall not apply to permits issued for excavations of land in preparation for the erection of a building or structure if a valid building permit has been issued by the City for such building or structure prior to the commencement of any excavation activities or operations.
A.Â
A person making application for the permit required by the provisions
of this article shall file with the City a current valid certificate
of insurance or a copy of an insurance policy issued by an insurance
company authorized to do business in the State of Oklahoma to evidence
public liability insurance covering the applicant's excavation operations
with a face amount of no less than $25,000 property damage and $100,000
for personal injury or death per person and $1,000,000 per occurrence.
Such insurance must be maintained in effect throughout the period
during which excavation operations or activities shall occur. Failure
to maintain such insurance shall result in the immediate revocation
of the permit.
A permit issued pursuant to the provisions of this article shall
expire one year from the date of issuance, unless sooner suspended
or revoked.
Permits issued may be renewed annually upon filing of a renewal
application and payment of a permit fee, provided that the applicant's
activity and the location where it is carried on are the same as originally
permitted. In addition, the application for renewal shall be subject
to all the requirements pertaining to the original permit.
The Community Development Director may, without warning, notice
or hearing, suspend a permit issued pursuant to the provisions of
this article if, upon inspection, there appears a reasonable likelihood
the permittee has failed to maintain or perform his work in accordance
with requirements of this Code, state or federal law, and such violation
or violations are declared public nuisances such that property, safety,
public health, and welfare are in imminent peril. Notice of such suspension
may be sent to the permittee by certified mail, hand delivery to applicant
at his/her address and posted at the site. The notice will contain
information on how such action may be appealed.
