§ 7-160. Definitions.  


Latest version.
  • For the purposes of this article, the terms used herein shall be defined as follows:

    Closure plan shall mean a plan, prepared by a professional engineer, that estimates cost for closure of the excavated area, (using standards rates for labor, equipment, and materials, or current unit construction prices) that would occur in the event of work stoppage.

    Excavation shall mean the displacement or removal of any sand, gravel, dirt, rock or any other mineral which lies below the surface of the land.

    Gravel pits shall mean and include any excavation for the purpose of removing sand, gravel, dirt, rock or any other mineral lying on or below the surface of the land and shall also include any lake, pond or pool maintained in conjunction with the operation of a gravel pit or excavation.

    Plan of reclamation shall mean a plan, prepared by a professional engineer, for reclaiming all or a portion of the contiguous property on which the mining activity is permitted. If a mining permit is requested which includes land reclamation and is permitted with a Corps of Engineers Section 404 Permit, a plan of reclamation shall be required and must be approved by the director of public works prior to commencement of mining.

    Restoration and reclamation shall mean:

    (1)

    Bringing the surface of the land back to its former position or condition prior to the issuance of the mining permit, the level of the surface to be restored to the elevation existing prior to removal of any material; or

    (2)

    Bringing the surface of the land into compliance with a plan of reclamation which has been previously approved by the director of public works; provided, however, that such reclamation plan may not include an unfilled pit. Provided, further, that such plan relating to property in the floodplain or floodway may be modified by the city in any way deemed necessary by the city to comply with article XV, Floodplain Management of the Unified Development Code; or

    (3)

    Bringing the surface of the land into compliance with either an approved permitted reclamation plan that includes a Corps of Engineers Section 404 Permit and accompanying mitigation plan; or, if the gravel operation is terminated prior to completion of the overall permitted project, a closure plan, approved by the director of public works; provided, however, that such a reclamation or closure plan may not include an unfilled pit that is not included in the approved reclamation or closure plan. Provided, further, that such plan relating to property in the floodplain or floodway may be modified by the city in any way deemed necessary by the city to comply with article XV, Floodplain Management of the Unified Development Code.

    Wetland mitigation area shall mean any lakes, ponds, wetlands, or purposely excavated depressions that are designed to enhance environmental habitat and that are part of an approved Corps of Engineers Section 404 Permit mitigation plan.

(Code 1964, § 15.24; Ord. No. 4324, § 1, 2-16-88; Ord. No. 4491, § 1, 3-7-89; Ord. No. 5809, § 1, 9-2-97)