Mound City Code 460.00
Section 460 – EXCAVATION AND LAND RECLAMATION
460.01 Permit Required. It shall be unlawful for any person to remove, store, or excavate rock, sand, dirt, gravel, clay, or other like materials in the amount of more than two hundred (200) cubic yards and less that one thousand (1000) cubic yards without obtaining an earth moving permit from the City Manager, nor more than 1000 cubic yards without first having obtained an earth moving permit therefore from the City Council. The requirement of a permit is in addition to any applicable zoning or other regulations, including without limitation the street excavation permit provisions of Section 605 of this Code. The fee for such permit shall be established in accordance with the provisions of Section 500 of the City Code.
(ORD. 01-2001, 2/25/01)
460.05 Exceptions.
Subd. 1. Basements. No permit shall be required for the excavation, removal, or storage of rock, sand, dirt, gravel, clay, or other like material for the purpose of the foundation, cellar or basement of some immediately pending superstructure to be erected, built, or placed thereon contemporaneously with or immediately following such excavation, removal, or storage, providing a building permit has been issued.
Subd. 2. Road Construction. No permit shall be required for such excavations, removal, or storage of rock, sand, dirt, gravel, clay or other like material as may be required by the State, County, or City authorities in connection with the construction or maintenance of roads and highways.
460.10 Application. The application shall be made in writing on such form as the City may from time to time designate, and shall include such information as may be required by the City Manager or Council and shall contain, among other things.
Subd. 1. The correct legal description of the premises where the excavation, removal, or storage of rock, sand, dirt, gravel, clay, or other like material shall or does occur.
Subd. 2. The name and address of the applicant and owner of the land.
Subd. 3. The purpose of the removal, storage, or excavation.
Subd. 4. The estimated time required to complete the removal, storage, or excavation.
Subd. 5. The highways, streets, or other public ways within the City upon and along which the material excavated or removed shall be transported.
Subd. 6. A map or plat of the proposed pit or excavation to be made showing the confines or limits thereof together with the proposed finished elevations based on sea level readings.
Subd. 7. Written statement that all property taxes, special assessments, municipal utility fees, including but not limited to water and sewer bills, and penalties and interest thereon have been paid for the property for which the permit has been submitted.
(ORD. 105-2000, 2/5/00)
460.15 Filing and Fee. Each application shall be filed with the Clerk for presentation to the Manager or Council. A permit fee in an amount established in accordance with the provisions of Section 500 of the City Code shall accompany each application.
(ORD. 01-2001, 2/25/01)
460.20 Requirements.
Subd. 1. As a prerequisite to the granting of a permit, or after a permit has been granted, the applicant or the owner of the premises shall comply with the requirements of the subdivisions that follow.
Subd. 2. Properly fence any pit or excavation to protect the safety of the public.
Subd. 3. Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks.
Subd. 4. Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful.
Subd. 5. Reimburse the City for the cost of periodic inspections by the City Manager or other designated City employee for the purpose of seeing that the terms under which the permit has been issued are being complied with.
Subd. 6. The permit shall include as a condition thereof a plat for a finished grade which will not adversely affect the surrounding land or the development of the site on which the excavating is being conducted, and the permitted route of trucks moving to and from the site.
Subd. 7. Post a surety bond, in such form and sum as the City may require, running to the City, conditioned to pay the City the cost and expense of repairing any highways, streets, or other public ways within the City made necessary by the special burden resulting from hauling and transporting thereon by the applicant in the removal of rock, sand, dirt, gravel, clay, or other like material, the amount of such cost to be determined by the City Manager or City Council; and conditioned further to comply with all the requirements of this ordinance and the particular permit, and to save the City free and harmless from any and all suits or claims for damages resulting from the negligent excavation, removal, or storage of rock, sand, dirt, gravel, clay, or other like material within the City.
Subd. 8. Any such other requirements as the City Manager or Council shall from time to time deem proper and necessary for the protection of the citizens and the general welfare.
Subd. 9. Such permit shall not be granted for a period of longer than 12 months, but may be renewed by the Council or City Manager.
460.25 Violations and Nuisance. Any person that shall refuse, neglect, or fail to comply with any requirement made of him or her under the provisions of Subsection 460.20 as promptly as same can be reasonably done, shall be guilty of a misdemeanor, and the Council may revoke the permit issued, and in addition to other penalties prescribed herein, the failure to comply with such requirement, after notice, and the continuing excavation, removal, or storage of rock, sand, gravel, dirt, clay, or other like material on the premises shall be prima facie evidence of a public nuisance and may be abated by court action.
460.30 Land Reclamation Permit. Land reclamation under this Section 460 is the reclaiming of land by depositing of material so as to elevate the grade. Land reclamation shall be permitted only after issuance of a special permit in all districts on any lot or parcel upon which two hundred (200) cubic yards or more of fill is to be deposited for land reclamation. Fill materials shall be approved by the City Manager or his or her designated agent as suitable to the final use of the property. Fill materials shall conform to the following minimum requirements. The materials shall not include garbage or toxic materials and shall be stable, noncombustible, and not support decay.
460.35 Conditions of Permit. The permit shall include as a condition thereof a finished grade plan which will not adversely affect the adjacent land, and as a condition thereof shall regulate the type of fill permitted, plans for rodent control, fire control, and general maintenance of the site and adjacent area, and make provision for control of material dispersed from wind or hauling material to or from the site. The permit shall also make reference to the Soil Erosion and Sedimentation Controls established in the Zoning Ordinance, Subsection 350.745. The permit applicant shall provide written statement, signed by the applicant, that all property taxes, special assessments, municipal utility fees, including but not limited to water and sewer bills, and penalties and interest thereon have been paid for the property for which the permit has been submitted. (ORD 105-2000, 2/5/00)
460.40 Prohibited Materials. The dumping of materials for the purpose of land reclamation shall not be a violation of any other ordinance or code provisions of the City, including but not limited to dumping and sanitary landfill, provided that the person engaged in such land reclamation shall have first secured a special permit in accordance with the provisions of Subsection 460.30.