Any owner, lessee, or other person, firm, or corporation having an interest in mineral lands in the town is hereby prohibited from excavating said lands for the purpose of removing sand, gravel or dirt or mining any minerals therefrom within any residentially zoned district within the town, unless otherwise authorized by a permit from the town.
(2001 Code, sec. 4.301)
Any owner, lessee, or other person, firm, or corporation having an interest in mineral lands not zoned for residential use in the town must file with the town council an application for authorization to excavate said lands for the purpose of removing sand, gravel or dirt or mining minerals therefrom; provided, however, that they shall comply with all requirements of the zoning district in which said property is located, all requirements of any special use permit authorizing such excavation, and the following additional requirements:
(1) 
Distance from property line.
No quarrying operation shall be carried on or any stockpile placed closer than fifty feet (50') to any property line, unless a greater distance is specified by the town council where such is deemed necessary for the protection of adjacent property; provided that this distance requirement may be reduced to twenty-five feet (25') by written consent of the owner of the abutting property.
(2) 
Distance from public right-of-way.
In the event that the site of the mining or quarrying operation is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than twenty-five feet (25') to the nearest line of such right-of-way.
(3) 
Fencing.
Fencing shall be erected and maintained around the entire site or portions thereof where, in the opinion of the town council, such fencing is necessary for the protection of the public safety, and shall be of a type specified by the town council.
(4) 
Equipment.
All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise, and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the town council.
(5) 
Processing.
Crushing, washing, and refining or other similar processing on-site shall be prohibited.
(2001 Code, sec. 4.302)
In accepting such plan for review, the town council must be satisfied that the proponents are financially able to carry out the proposed mining operation in accordance with plans and specifications submitted.
(2001 Code, sec. 4.303)
An application for such operation shall set forth the following information:
(1) 
Name of the land owner from which removal is to be made;
(2) 
Name of the applicant making the request;
(3) 
Name of the person or corporation conducting the actual removal operation;
(4) 
Location, description, and size of the area from which removal is to be made;
(5) 
Location of processing plant;
(6) 
Type of resources or materials to be removed;
(7) 
Proposed method of removal and if blasting or other use of explosives will be required;
(8) 
Description of equipment to be used; and
(9) 
Method of rehabilitation and reclamation of the mined area.
(2001 Code, sec. 4.304)
To guarantee restoration, rehabilitation, and reclamation of mined-out areas, every applicant granted a mining permit as herein provided shall furnish a surety bond to the town in the amount of not less than five thousand dollars ($5,000.00), the upper limit to be determined by the town council, as a guarantee that such applicant, in restoring, reclaiming, and rehabilitating such land, shall, within a reasonable time and to the satisfaction of the town council, meet the following requirements:
(1) 
Grading; prevention of standing water.
All excavation shall be made either to water producing depth, such depth to be not less than five feet (5') below the low-water mark, or shall be graded or backfilled with non-noxious, nonflammable and noncombustible solids, to secure that the excavated area shall not collect and permit to remain therein stagnant water or that the surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions, so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.
(2) 
Vegetation.
Vegetation shall be restored by appropriate seeds, grasses, or planting of shrubs or trees in all parts of said mining area where such area is not to be submerged under water as hereinabove provided.
(3) 
Banks of excavations.
The banks of all excavations not backfilled shall be sloped to the water line at a slope which shall not be less than three feet (3') horizontal to one foot (1') vertical, and said bank shall be seeded.
(4) 
Additional requirements.
In addition to the foregoing, the town council may impose such other conditions, requirements, or limitations concerning the nature, extent of the use, and operation of such mines, quarries, or gravel pits as the town council may deem necessary for the protection of adjacent properties and the public interest. The conditions and the amount of the surety bond shall be determined by the town council prior to the issuance of the permit.
(2001 Code, sec. 4.306)