Chapter 18.24
BORROW MATERIAL
Sections
18.24.020 Permit—issuance—time period
18.24.030 Stripping requirements
18.24.070 Violations—infraction
18.24.010 Permit—required
All property in which the city holds an interest is closed to the extraction of overburden, gravel, rock, and all similar borrow material without first obtaining a permit. A separate borrow permit is not required; however, when a contract to which the city is a party provides that rock or other borrow material to be used in connection with that contract may or must be obtained from certain specified city property. [Ord. 920 §1, 1991; Ord. 309, 1967. CCK §9.3.1]
18.24.020 Permit—issuance—time period
(a) A permit for the extraction of up to 20,000 cubic yards of overburden, gravel, rock, or similar borrow material may be obtained from the city manager for a period not to exceed six months in accordance with the provisions of this chapter. City council approval is required for permits in excess of six months, permits to remove more than 20,000 cubic yards of borrow material, or permit extensions or renewals.
(b) Applications for a permit must include a development plan prepared by a licensed land surveyor or professional civil engineer. The plan shall include a drawing on a scale of one inch equals 100 feet (one inch equals 100 feet) which shows all property lines and the existing topography with five-foot contour intervals.
(c) Borrow material permits may be issued and borrow material royalties or fees may be established by negotiation with the prospective permit holder without prior appraisal, competitive bidding, public advertisement, open market procedures, or minimum price requirements. [Ord. 920 §2, 1991; Ord. 533 §1, 1978; Ord. 309, 1967. CCK §9.3.2]
18.24.030 Stripping requirements
All permit holders shall remove material from city-held property to the grades and elevation established by the city engineer. [Ord. 920 §3, 1991; Ord. 309, 1967. CCK §9.3.3]
18.24.040 Statement
Each permit holder shall file statements for the quarterly periods commencing on the first day of January, April, July, and October of each year, setting forth the quantity of material removed during each such quarter. Statements of quantities removed shall be filed on or before the tenth day of the month following each reporting period or portion thereof. The statement shall be filed irrespective of whether borrow material has been removed. [Ord. 533 §2, 1978; Ord. 309, 1967. CCK §9.3.4]
18.24.050 Payment
Upon filing the statement as required in KCC 18.24.040, every permit holder shall pay the city the agreed upon fee or royalty for every cubic yard removed from city property. [Ord. 920 §4, 1991; Ord. 723, 1984; Ord. 533 §3, 1978; Ord. 309, 1967. CCK §9.3.5]
18.24.060 Assignments
Permits issued under this chapter may not be assigned without the written approval of the city manager, or, in the case of a permit issued upon approval of the city council, a resolution of the city council approving the assignment. [Ord. 920 §5, 1991; Ord. 309, 1967. CCK §9.3.6]
18.24.070 Violations—infraction
Any person who removes or attempts to remove overburden, gravel, rock, or similar borrow material without first having obtained a permit is guilty of an infraction. Any permit holder who fails to file a statement in accordance with KCC 18.24.040, or who falsifies the information contained in the statement required by KCC 18.24.040, is guilty of an infraction. [Ord. 920 §6, 1991; Ord. 753 §8, 1985; Ord. 309, 1967. CCK §9.3.7]