Section 20.30.065 Borrow pit requirements.

In addition to all the provisions of this chapter, the applicant must obtain a conditional use permit pursuant to the provisions of subchapter 25.12.299S of this code. The following must be adhered to in order to begin a borrow pit operation:

1. The applicant must provide all information required in section 20.30.060

2. The applicant must provide a performance bond in an amount to be estimated by a professional engineer and approved by the city engineer to satisfy the obligations of this section. In lieu of a performance bond, the applicant may provide a letter of credit or cash in an amount to be estimated by a professional engineer and approved by the city engineer to satisfy the obligations of this section but not in excess of $25,000. The performance bond or letter of credit may be used, in whole or in part, to correct violations of any condition, stipulation, plat, plan, specification or statement of responsibility or intent approved by the board of adjustment. The bond or letter of credit or cash may also be used, in whole or in part, to restore the excavation site, satisfy unpaid inspection fees and pay delinquent fees. The bond, letter of credit or cash may be utilized upon 24 hours notice if the city engineer determines that an emergency exists or that danger to the public health is imminent. If the amount of bond, letter or credit or cash posted is at any time inadequate to satisfy costs necessary to correct any violation of the site, the city shall be entitled to assess the costs to the benefited property or to collect the amount of deficiency from all persons liable in a legal action or otherwise.

3. No excavation activities shall commence until such time as the city engineer has approved the reclamation plan for the proposed borrow pit. A site reclamation plan must be provided to the city engineer and with the conditional use permit application, with the following information:

a. Engineering data regarding the length of time needed for restoration work to settle sufficiently to provide a stable base for the proposed end use;

b. Resoiling and revegetation plan with evidence that selected plants can survive given the site’ s topography, soil, and climate;

c. Landscaping plan and planting schedule designed to protect natural vegetation and to restore the appearance of the property;

d. A detailed description of proposed use and ownership of site after completion of all restoration activities.

4. A detailed description shall be included on how the proposed borrow pit will be designed, arranged, and operated in order to ensure that development and use of neighboring property will not be prevented or made less likely, and that the value, use, and reasonable enjoyment of such property will not be impaired or adversely affected. Practices proposed to be used to minimize noise, vibration, and dust shall be included.

5. The estimated removal rate, including the proposed number of daily truck trips to and from the site must be provided.

6. The proposed interior road pattern (if applicable), including points of ingress and egress to public and private roads.

7. The city engineer may require additional information in order to ensure the proper mitigation of the site. (Ord. 2006-0908, 2005-1069)