Chapter 18.110
OPEN PIT EXTRACTION OF EARTH PRODUCTS
Sections:
18.110.030 Standards/regulations.
18.110.010 Intent – Purpose.
The intent and purpose of this chapter is to provide for the extraction of earth products using surface mining methods, for stockpiling mined materials, and for the placement of overburden and leftover earth materials in mining waste dumps, while protecting the environment, the rights of neighboring property owners, and roads and other public facilities from unusual wear or damage. (Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 3.32 [3.23], 1999; Ord. 66 § 3.23, 1993.)
18.110.020 Scope.
The provisions of this chapter shall apply to all sites where sand, gravel, clay, topsoil, rocks or minerals will be extracted by an open pit method; to all sites where such extracted earth products are stockpiled; and to sites where overburden and leftover earth materials are placed in waste dumps.
Exception. Sites having a valid, current permit at the time of passage of the ordinance codified in this chapter shall be completed according to the terms of such permit and any bonding agreements appurtenant thereto.
After January 1, 1999, the exception applies only to the portion of the site under permit at that date. Any expansion of pits, dumps, storage pits or operation areas beyond the existing permit is subject to all provisions of this section. (Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 3.32.1 [3.23.1], 1999; Ord. 66 § 3.23.1, 1993.)
18.110.030 Standards/regulations.
The City Council shall issue a permit for an open pit, a stockpile, or a waste dump only when all of the following are met:
1. The site lies in a zone where such use is a conditionally permitted use.
2. The applicant has submitted an application for a business license for the proposed use and has paid all applicable fees.
3. The applicant has presented an accurate site plan that shows the topography, utilities, roads and structures on the site at both the pre-permit stage and the stage after completing the excavation and rehabilitation of the pit.
4. There shall be no limit as to the area or portion of a lot that may be disturbed and involved in the extraction process as long as the entire disturbed area has been included in the rehabilitation bond required in FCC 18.110.040; also there shall be no limit to the time period used to complete the extraction of material.
Exception. Upon finding such is necessary to protect the property values of neighboring property interests or to preserve desirable aesthetics, the City Council may require as part of the bond agreement that the extent of the disturbed area at the site of extraction shall be no larger than seven acres at any one time and/or may require that the extraction process shall cease and the site rehabilitated (whether or not all materials have been obtained) within a specific time period, not to be less than five years. When limited to seven-acre units, the pit, or portions of it, shall be closed, rehabilitated, and approved by the City Engineer as meeting the standards of this chapter before further areas are disturbed.
5. The standards for rehabilitating the site shall be:
a. The side walls of a pit or mound shall be smoothed and evenly contoured, and the floor of a pit or top of a mound shall be flattened and leveled.
b. Mounds of fill shall not remain after rehabilitation of an extraction operation, even if utility poles must be relocated at the operator’s expense; mounds may only be permitted in conjunction with a mine waste dump.
c. No depression which lacks a surface outlet, nor pond or intermittent lake on the floor of the pit, shall exist on the rehabilitated site.
d. No slope shall be steeper than the critical angle of repose (e.g., 33 degrees for gravel deposits).
e. All areas shall be covered with a one-inch or thicker layer of topsoil and reseeded with a hardy plant material having a sufficient concentration to screen at least 25 percent of the exposed surface from view.
6. When the pit (or mound) and rehabilitation bond are proposed to cover less than the entire area of the lot, the operator shall place clearly identifiable survey markers on the outer boundaries of the bonded area and shall maintain such until the bond is released by the City. The Planning Commission may request an annual on-site investigation and report of the City Engineer to determine whether the terms of the grading plan, rehabilitation plan and bond agreement are being met.
7. Surface mining shall proceed in an orderly manner from the outer boundaries and lower slopes of the property inward and upward so the property can be rehabilitated in the older areas of the pit while new areas are being opened up.
8. Dust generated in the extraction and processing of the earth products shall be kept under control by the operator and contained on site by paving main roads in the pit, wetting extraction areas and loaded trucks, placing berms or landscape screening for protection from the prevailing winds and other suitable measures.
9. All cuts and fills shall be set back from the property boundary or boundary of the approved extraction site a distance of at least five feet.
10. The applicant shall present an off-site plan of any local public streets which loaded trucks will use in gaining access to state highways and arterial streets. The pit operator shall be liable for any severe damage his operation causes to such local roads.
11. The pit and/or extraction operation shall not constitute a nuisance. (Ord. 2016-09 § 1, 2016; Ord. 2013-08 § 1, 2013; Ord. 1999-1 § 3.32.2 [3.23.2], 1999; Ord. 66 § 3.23.2, 1993.)
18.110.040 Bond.
1. A cash or surety bond in the amount set by the City Engineer, but not less than $2,500 per acre, shall be posted by the applicant to guarantee compliance with the provisions of this chapter. A violation of any provision shall be sufficient grounds for forfeiture of the entire bond to the City. If the bond is over the minimum bond amount per acre and the owner disputes the cost of reclamation set by the City Engineer, the City Council may determine the cost and set the bond amount, upon appeal by the owner.
2. The maximum bond and bond agreement period shall be seven years, after which time the bond amount shall be reevaluated based on inflation, the current costs of rehabilitation, and the amount of rehabilitation or excavation that has occurred during the elapsed time.
3. Any bond shall be accompanied by an agreement between the City of Francis and the applicant (plus the property owner if the latter is not also the applicant) wherein the City agrees to return the bond at the completion of work if the standards of this chapter have been met, and the applicant and property owner agree that the bond shall be forfeited in the event of noncompliance and to permit the City to enter upon the land to close operations and rehabilitate the excavated or filled areas. Any ambiguity or deficiency in the wording of the bond agreement shall be interpreted to include the terms of this chapter.
4. It shall be a violation to not complete the rehabilitation within one year of cessation of operations and grounds for forfeiture of the bond. The “trigger” for such forfeiture shall be any two-year period of time in which no material is extracted, or any one-year period when there is no current business license or valid zoning compliance permit in effect.
5. Notwithstanding the forfeiture of the bond, the applicant shall retain individual responsibility to fully comply with this chapter, the terms of the permits issued thereunder, and the balance of any expense not covered by the bond to rehabilitate the property.
6. The bond requirement under this section is satisfied by submission of a properly executed reclamation contract for surety under the large mining operations requirements as found in Utah State Code. (Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 3.32.3 [3.23.3], 1999; Ord. 66 § 3.23.3, 1993.)
18.110.050 Permits.
In addition to the business licenses and building (or grading) permits required, any open pit operation shall be required to have a current zoning compliance permit. No zoning compliance permit for an open pit operation shall have a period of validity past December 31st of each calendar year, but the permit shall be automatically renewed if the pit is found to be in compliance with the standards of this chapter. The City Planner, with the advice of the City Engineer, shall determine if such compliance exists. (Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 3.32.4 [3.23.4], 1999; Ord. 66 § 3.23.4, 1993.)
18.110.060 Stockpile sites.
Any site for which a conditional use permit is sought to exclusively haul stored or stockpiled earth materials shall be subject to the following regulations: no mining, extraction or crushing of material shall be permitted. Only loading, hauling and screening of previously mined material is allowed. Loading, hauling and screening of stockpiled material may not disturb the native surface. The City Council may, upon recommendation from the Planning Commission, establish an annual fee schedule for a stockpile site conditional use permit that is different than the annual fee schedule for sites that conduct mining, extraction or crushing of material. (Ord. 2016-09 § 1, 2016; Ord. 2013-08 § 2, 2013; Ord. 66 § 3.23.5, 1993.)