8.1. SR 09-20-2010 - Laserfiche WebLink

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NATURAL RESOURCES under the control of the applicant or the owner of the land on which the extraction is proposed. (Code 1982, § 720.06) Sec. 42-53. Issuance. (a) Upon referral of the application provided for in this division from the city administrator, the council shall evaluate the application in ac- cordance with the standards and requirements set forth in this article. (b) The council shall issue an extraction li- cense only upon a finding that the proposed extraction activities will not be dangerous or otherwise detrimental to persons residing or work- ing in the vicinity thereof, or to the public health, safety, or welfare, and will not impair the use, enjoyment, or value of any neighboring property. (c) The council, in its discretion, may attach conditions to protect the public health, safety and welfare, to avoid traffic congestion or hazard, or to promote conformity of a proposed use with the character of adjoining property and uses. (Code 1982, § 720.08) Sec. 42-54. Fees. (a) The applicant or owner of the premises on which the extraction operation is located shall annually submit to the council written estimates of: (1) The total area of the mineral extraction operation (expressed in acres) to be ac- tively mined during the forthcoming year. (2) The total area for which a conditional use permit permitting mineral extraction op- erations has been granted (expressed in acres) which will not be actively mined in the forthcoming year. (b) The council shall, by resolution, establish an annual per-acre license fee for areas to be actively excavated and a separate annual per- acre license fee for areas which will remain inac- tive. The annual extraction license fee for each owner or operator shall be determined by apply- ing the annual per-acre fees established by the council to the applicant's or operator's estimates of acreage under active or inactive extraction. If § 42-70 the owner or operator becomes aware that the acreage to be actively mined will exceed his orig- inal estimate, or if the applicant or owner shall notify the council immediately of the change, then the annual extraction license fee shall be adjusted accordingly and payment of any additional license fees shall be made immediately, (Code 1982, § 720.18) Sec. 42-55. Bond or other security. The council shall require the applicant or owner of the premises on which an extraction opexation is located to post a letter of credit or cash escrow bond in the sum of $10,000.00 or such other sum as the wuncil, in its discretion, deems necessary to protect the public health, safety, or welfare, running to the city, conditioned to pay the city the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel, and removing material from any pit or extraction, and conducting required rehabilitation, and conditioned further upon com- pliance with all the requirements of this article and the particular extraction license and condi- tional use permit, and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom an extraction license and conditional use permit are issued. The letter of credit or bond shall remain in full force and effect for a minimum period of one year after expiration of the extraction license to guarantee the required rehabilitation as well as the other requirements of this article. (Code 1982, § 720.20} Sec. 42-56. Term of license. An extraction license shall run from January 1 through December 31 of the same year, or for a lesser period of time as the council may specify at the time of issuance of the extraction license. If the extraction license is to run for less than a full year, the extraction license fee shall be prorated as determined by the council. (Code 1982, § 720.16) Secs. 42-67-42.70. Reserved. CD42:5