Every quarry, mine, and sand or mineral surface mining operation within the corporate limits of the city shall be governed by the terms and provisions of this article.
(Ordinance 91011501, sec. 1, adopted 1/15/1991)
Prior to the implementation of a new quarry, mine, or sand or mineral surface mining operation or the continued operation of such an existing facility, the owner and/or operator shall submit to the city council a large-scale survey which provides the following:
(1) 
Name or proposed name of the operation or business;
(2) 
Legal description of the boundaries of the tract upon which the facilities and operation are or will be located, indicating the total acreage;
(3) 
Name, address and email address of landowners and operator. If a company or corporation, the name, address and email address of the officers shall be provided;
(4) 
Name of the registered professional engineer or registered public surveyor responsible for the survey;
(5) 
Drawn on a scale of one inch equals 100 feet minimum except as otherwise approved by the city council;
(6) 
North point (true and magnetic) and date;
(7) 
A location sketch, preferably in the upper right corner of the survey, showing the relation of the tract to well-known streets, railroads, and watercourses in all directions to a distance of at least one mile. Suggested scale: one inch equals one mile;
(8) 
Boundaries of ownership with bearings and overall dimensions, with:
a. 
An area of the tract drawn in heavy lines with overall dimensions and bearings;
b. 
Lines outside of boundaries to be dashed; and
c. 
An accurate location of the tract in reference to the real estate records of the county in which the land lies, showing a tie to a well-established point for plats inside the city limits or to a survey corner if outside the city limits;
(9) 
Contours of the natural ground surface with intervals of five-tenths foot, referred to sea level (U.S. Coast and Geodetic Survey) datum, as required to show at least two contours within the tract in addition to those necessary to clearly show outfall drainage. Identify basis of control and temporary benchmark set within the tract;
(10) 
The names of adjacent subdivisions or the names of recorded owners of adjoining parcels of land;
(11) 
The location, widths, and names of all existing streets or other public ways within or adjacent to the tract, existing permanent buildings, railroad rights-of-way, easements and other important features, such as section lines or political subdivision lines on all sides for a distance of not less than 200 feet; and
(12) 
Existing sewers, water mains, culverts, pipelines or other underground structures and other public utilities within the tract and immediately adjacent thereto with pipe sizes, grades, name of ownership of oil, gas, or electric easements and locations indicated.
(Ordinance 91011501, sec. 2, adopted 1/15/1991)
It shall be unlawful for any person, firm, or corporation or other entity engaged in, or upon whose property there is conducted, any quarry, mining or sand or mineral extraction operation to cause, allow, or acquiesce in any of the following acts or omissions:
(1) 
Excavating or extracting within 100 feet, horizontally, of the operation property boundaries;
(2) 
Excavating or extracting within 100 feet, horizontally, of any public right-of-way, railroad right-of-way, or public or private easement;
(3) 
Excavating or extracting in a manner resulting in side walls of a pit or open mine not sufficiently sloped or stabilized to prevent significant erosion or caving;
(4) 
Failing to provide surface drainage so as to prohibit any significant runoff from entering into any pit or open mine;
(5) 
Discharging water from a pit or open mine into a public drainage easement or stream not filtered or settled to minimize the silting of such easement or stream;
(6) 
Dumping or disposing of trash, garbage, or waste in any pit or open mine unless permitted in accordance with all applicable federal, state, and local regulatory authorities;
(7) 
Further excavating or extracting deeper than 15 feet below the natural surface of the unexcavated land adjacent to the pit or open mine;
(8) 
Conducting an operation located within 200 feet of a public thoroughfare or within 200 feet of a residence or business establishment on adjacent property unless such pit or open mine is surrounded by a fence or wall at least six feet in height or a natural or man-made barrier. The term "natural or man-made barriers" means obstacles including, but not limited to, lakes, creeks, ravines, or ditches, which, because of their depth, density, height, or slope, constitute a barrier to a person's entrance upon the operation property with at least equal effectiveness as the fencing requirements herein. All such barriers, whether man-made or natural, shall be maintained at all times so as to ensure their continued and constant effectiveness as barriers as contemplated hereby; or
(9) 
Failing to impose controls to ensure that dust, vapor, odor, and noise emitting from the operation is not of such a degree as would disturb a person of ordinary sensibilities under the same or similar circumstances residing or situated in the vicinity.
(Ordinance 91011501, sec. 3, adopted 1/15/1991)