4-9-080 GRADING, EXCAVATION AND MINING PERMITS AND LICENSES:

A. PURPOSE: (Reserved)

B. APPLICABILITY:

Except as exempted in subsection C of this Section, no person shall do any work without first obtaining the required special permit and license. Separate special permits and licenses shall be required for each site and may cover both excavations and fills. (Ord. 2820, 1-14-1974, eff. 1-19-1974, Amd. Ord. 3098, 12-17-1996, eff. 1-26-1977, Ord. 3592, 12-14-1981)

C. EXEMPTIONS:

No person shall do any mining, excavation or grading without first having obtained a special permit from the Hearing Examiner and an annual license issued by the Development Services Division with the concurrence of the Building Official, except for the following:

1. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet (5') after the completion of such structure.

2. Cemetery graves.

3. Excavations for water wells or tunnels or installation of service utilities by public and private utilities.

4. Public projects which result in dredging or placement of fill on lands covered by water, provided State and Federal permits are required to complete the activity.

5. An excavation which (a) is less than two feet (2') in depth, or (b) which does not create a cut slope greater than five feet (5') in height and steeper than one and one-half horizontal to one vertical (1-1/2:1), or which does not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course.

6. A fill less than one foot (1') in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical (5:1) or less than three feet (3') in depth, not intended to support structures, which does not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course.

7. The construction or maintenance of on-site roads in remote areas; or excavation or grading for farming purposes; or on-site construction. In cases of on-site construction, the plans for such activities shall require the prior written approval of the City. (Ord. 5650, 12-12-2011)

D. SUBMITTAL REQUIREMENTS AND FEES:

Shall be as listed in RMC 4-1-140G, Grade and Fill License Fees, and 4-8-120, Submittal Requirements.

E. REVIEW PROCESS FOR MINOR ACTIVITY:

1. Building Section Authority: In order to expedite small projects, any mining, excavation or grading of five hundred (500) cubic yards or less shall be reviewed by the Development Services Division. The Division may accept, reject, modify or impose reasonable conditions which shall include but are not limited to posting of bonds; installation of landscaping; limitation of work hours; control of dust and mud; rehabilitation and reuse of the site. Proper application shall be made to the Development Services Division.

2. Annual License: Application for the annual license shall be made to the Development Services Division. The Division may issue a license for the work.

3. Time for Completion: All work is to be completed within ninety (90) days from the date of issuance or the license shall be null and void.

4. Issuance of License: The plans and reports shall be approved by the Development Services Division before a license is issued.

5. Revocation of Permit: The Development Services Division is authorized to revoke any annual license issued pursuant to the terms of this Section if after due investigation they determine that the permittee has violated any of the provisions of this Section. Notice of revocation shall be in writing and shall advise the licensee of the violations found. The permittee shall have a reasonable period of time not to exceed forty five (45) days in which to remedy the defects or omissions specified. In the event the licensee fails or neglects to do so within the time period, the order of revocation shall be final. A total or partial stop work order may be issued for good reason. (Ord. 2820, 1-17-1974; Amd. 3592, 12-14-1992)

F. REVIEW PROCESS FOR MAJOR ACTIVITY:

1. Authority:

a. Hearing Examiner Authority: For any mining, excavation or grading in excess of five hundred (500) cubic yards, the Hearing Examiner shall review, approve, disapprove, or approve with conditions the location of the site and its effect on the surrounding area.

b. Development Services Division Authority: The Development Services Division, which is the administering authority, shall enforce the requirements of the Hearing Examiner and the standards established by this Title.

2. Special Fill and Grade Permit Required: The Hearing Examiner may grant a special permit, after a public hearing thereon in any zone, to allow the drilling, quarrying, mining or depositing of minerals or materials, including but not limited to petroleum, coal, sand, gravel, rock, clay, peat and topsoil. A special permit shall be required on each site of such operation. (Ord. 2820, 1-14-1974; Amd. Ord. 3098, 12-17-1976; Amd. Ord. 3592, 12-14-1981)

3. Annual Grading License: A special permit shall be granted prior to the Development Services Division issuing any annual license authorized by this Section. Licenses granted shall be issued for not more than one year and may be renewed if the operation is progressing according to the approved plans.

4. Review Criteria for Special Grade and Fill Permit: To grant a special permit, the Hearing Examiner shall make a determination that:

a. Compatibility of Proposed Use: The proposed activity would not be unreasonably detrimental to the surrounding area. The Hearing Examiner shall consider, but is not limited to, the following:

i. Size and location of the activity.

ii. Traffic volume and patterns.

iii. Screening, landscaping, fencing and setbacks.

iv. Unsightliness, noise and dust.

v. Surface drainage.

vi. The length of time the application of an existing operation has to comply with nonsafety provisions of this Title.

5. Progressive Rehabilitation and Reuse: The Hearing Examiner shall approve the reuse of the site and the phasing to achieve the reuse.

6. Conformance with Examiner’s Approved Plan Required: In the event that a permit is granted, excavation, removal or fill shall be permitted only in accordance with the plan approved by the Hearing Examiner. Rehabilitation shall take place in accordance with the approved plan and in a logical sequence so that satisfactory conditions shall be maintained on the premises. Rehabilitation shall be done in stages compatible with continuing operations. The Hearing Examiner may require the drafting of rehabilitation plans by a licensed landscape architect.

7. Final Approval: After the applicant has completed the approved amount of excavation, fill or other activity, the final grading of the site, and the applicant or another developer begins to develop or construct the new use of the site, the Development Services Division shall relinquish jurisdiction of this Section provided reasonable progress is occurring on the new use.

8. Other Requirements/Noncity Review: Issuing a permit under this Section does not relieve the holder from requirements of other government agencies. In addition to the requirements of the State Surface Mining Reclamation Act, review by other interested City, County, State and Federal organizations may be requested.

9. Inspection and Enforcement Authority: The Development Services Division shall have jurisdiction of the activities regulated in this Section after a special permit has been granted by the Hearing Examiner. For inspection purposes, any duly authorized member of this Division shall have the right and is empowered to enter upon any premises at reasonable hours where activities regulated by this Section are occurring. This Division is empowered to issue orders, grant, renew and revoke such licenses as are provided for in accordance with this Section.

10. Expiration and Extensions: The special permit shall be null and void if the applicant has not begun activity within six (6) months after the granting of the permit, unless the Hearing Examiner grants an extension of time. Special permits are valid until the approved plans have been satisfactorily completed.

11. Transferability of Special Permit: The special permit is transferable to other persons, firms and corporations, and the special permit shall continue with the activity on the site unless a new special permit is granted.

12. Modifications to Approved Plans: (Reserved)

G. VIOLATIONS AND PENALTIES:

1. Revocation of Special Permit: If the annual license has been revoked; if the annual license has not been issued for a three (3) year period; or if the applicant has not complied with the conditions of the special permit, the Hearing Examiner may revoke the special permit. (Ord. 2820, 1-17-1974; Amd. Ord. 3098, 12-17-1976, Ord. 3592, 12-14-1981)

2. Violations of This Chapter and Penalties: Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. (Ord. 5159, 10-17-2005)