Chapter 19.28


19.28.010    Permit required.

19.28.020    Permit application.

19.28.030    Application review.

19.28.040    Inspection.

19.28.050    Posting of area.

19.28.060    Compliance responsibility.

19.28.070    Insurance certification.

19.28.010 Permit required.

Excavation, processing and removal of black soil, peat, sand, gravel, rock (which may include crushing thereof), or other natural deposits of commercial value may be permitted in any zone within the city upon the issuance of a conditional use permit as provided in Chapter 18.38 EMC provided the provisions of this chapter are satisfied. (Ord. 1960 § 3, 1998).

19.28.020 Permit application.

Application for a conditional use permit for excavation, processing and removal of black soil, peat, sand, gravel, rock or other natural deposits of commercial value shall be made in writing to the planning commission on forms provided by the administrator. Each application shall be signed by the owner, lessee, or his authorized agent and shall be accompanied by a fee as set forth in the fee resolution, and supporting data including but not limited to the following:

A. Name and address of legal owner and lessee of property;

B. Name and address of operator;

C. Legal description of property and address of property;

D. Type of material to be removed and/or processed;

E. Expected starting date;

F. Expected termination date;

G. Expected amount of material to be removed and/or processed;

H. General vicinity map of proposed site showing thereon adjacent land uses, dedicated rights-of-way, public utilities adjacent to and within the proposed site, streams and existing natural drainage channels and ditches, wetlands, wildlife nesting areas;

I. Map showing property limits and accurate contours of at least five-foot contour intervals showing existing ground and details of terrain;

J. Map showing finished contours of at least five-foot contour intervals showing contours and fills to be achieved by grading proposed drainage channels and related construction to be constructed with, or as part of, the proposed excavation, setbacks and those areas not to be disturbed;

K. A statement of the proposed subsequent use of the land;

L. A statement regarding the proposed hours of operation including occurrences that will generate noise during operation, including but not limited to use of machinery, blasting, artificial lighting, with the associated hours of these proposed types of operations;

M. A map showing access roads between pit site and approved public rights-of-way together with a statement indicating what method will be used to control dust within the pit site and access roads and what method will be utilized to clean loose debris from vehicles exiting the site onto public rights-of-way;

N. A reclamation plan shall be prepared, in accordance with RCW 78.44.090, showing how and when restoration will occur before, during and after excavation operations. Rehabilitation shall be planned in stages compatible with continuing stage operations;

O. A statement regarding what type of operation would be conducted within the site including the anticipated type of storage, uses of water, location and type of sanitary facilities for personnel in the event that buildings or processing equipment will be erected or moved onto the site, a plot plan shall be included showing the location of the buildings for processing equipment together with the locations of settling ponds, landscaping, exit point of surface water leaving property;

P. Erosion and sedimentation control plan for the site;

Q. A completed and signed environmental checklist with appropriate fees. (Ord. 1960 § 3, 1998).

19.28.030 Application review.

The administrator shall review all applications submitted and will coordinate his review with other departments of the city, state and federal agencies. (Ord. 1960 § 3, 1998).

19.28.040 Inspection.

Whenever necessary, and at least once each year, the administrator shall inspect the property to determine if the excavation is in accordance with the conditions of the permit. Any surveys which the administrator finds necessary shall be made by the administrator at the expense of the owner or applicant and acceptance of the permit shall be considered as an agreement to pay such costs within 30 days from invoiced. Failure to comply with the permit conditions may result in revocation of the conditional use permit, enforced reclamation, or other remedies as provided in EMC Title 15. (Ord. 1960 § 3, 1998).

19.28.050 Posting of area.

The area shall be posted by signs of an appropriate size to serve clear warning of the dangerous conditions resulting from the excavations. (Ord. 1960 § 3, 1998).

19.28.060 Compliance responsibility.

The applicant shall be responsible for insuring that the proposed activity is in compliance with all regulations of the state, federal laws and regulations and the ordinances of the county. (Ord. 1960 § 3, 1998).

19.28.070 Insurance certification.

Upon granting of a conditional use permit, but prior to commencing operations, the applicant shall supply a certificate of insurance to the administrator, subject to the approval of the city’s insurance provider, evidencing liability insurance for any incident that may occur as a result of the operations being permitted, including, but not limited to, incidents resulting from motor vehicles being utilized to transport materials. The minimum insurance shall be $2,000,000 per person and $5,000,000 per incident. Applicant must provide documentation from the insurance agent or insurance carrier and such insurance agent or carrier shall notify the administrator if there is a cancellation of insurance, and in such event of a cancellation, the permit given under this chapter shall be revoked and the property reclaimed as set forth in the permit application. (Ord. 2063 § 1, 2000; Ord. 1960 § 3, 1998).