Ch6.§5-1 · City of Nowthen public records

A. Purpose and Intent: The purpose of this Section is to promote the health, safety, and welfare of the community and to establish reasonable uniform limitation, standards, safeguards, and controls for excavation and mining within the City. B. Definitions: 1\. Excavation: Excavation shall mean the removal or displacement of the natural surface of the earth, whether sod, dirt, soil, sand, gravel, stone or other naturally deposited material and shall mean the depositing of any such materials with the intent to create mounds, berms or similar. 2\. Mine or Mining: Mine or mining shall mean an area or activity where the topsoil or overburden has been removed for the purpose of extracting earthly deposits or minerals and shall also mean the stockpiling, storage, and processing of sand, gravel, black dirt, clay and other minerals. 3\. Overburden: Those materials which lie between the surface of the earth and material deposit to be extracted. 4\. Rehabilitation: To renew land to self-sustaining long-term use which is compatible with contiguous land uses, present and future, in accordance with the standards set forth in this Section. 5\. Topsoil: That portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation. C. Permit Required: Except as otherwise provided in this Section, it shall be unlawful for anyone to operate a mine or excavate without having first obtained a written permit from the City authorizing the same in accordance with this Section. D. Exemptions from Permit Requirements: The following activities do not require a permit under this Section:   1\. Excavation for a foundation, cellar, or basement of a building if a building permit has been issued. 2\. Grading a lot in conjunction with building if a building permit has been issued. 3\. Excavation by the federal, state, county, or City government in connection with construction or maintenance of streets, highways, or utilities. 5\. Curb cuts, utility hookups, or street openings for which another permit has been issued by the City 6\. Excavation of less than one hundred (100) cubic yards. 7\. Excavation or grading for agricultural purposes without removal from property. 8\. Excavation or grading in accordance with a development contract approved under Chapter 10 of the City Code. If the development contract requires that a letter of credit or other security be posted, the letter of credit or other security must be posted before any excavation takes place. (Ordinance #4, Adopted November 17, 2006)

Ch.6 § 5-1

Amendment history