§ 20.10.500. Quarries.

A.

This district is established in order to reasonably and uniformly limit, safeguard and control future mining, quarrying, excavating, processing and stockpiling of rock, sand, gravel, clay and aggregate, for commercial or retail sales in a manner and location which is in the public interest and which is consistent with the comprehensive plan and any supplemental land use and developmental policies which are adopted by the city plan commission and city council.

Includes accessory buildings, equipment, supplies and land which are used solely for the processing, storage, maintenance and sale of materials, operating and security personnel offices, and other uses associated with quarrying, landfill and transfer station operations, also the sale, within a building, of supplies or merchandise normally used or produced in direct connection with a permitted use, or supplies normally used in direct connection with operations and products derived from permitted uses, including, but not limited to, supplies such as cement, rebar, mesh, wooden forms and other concrete finish equipment.

B.

Application for a Q quarry district shall require submittal of the following with the rezoning application:

1.

A metes and bounds description of the proposed district certified by a professional engineer or a registered land surveyor;

2.

One copy of the zoning map at a scale of three hundred feet to the inch, outlining in red the area proposed for change of zoning;

3.

Eight copies of a site plan drawn to a scale of not less than one hundred feet to the inch, unless a modification as to scale is authorized by the planning official. This site plan shall show the following:

a.

The boundaries of the proposed district;

b.

The location, arrangement and use of all existing structures or properties, utility rights-of-way and easements, local and arterial streets, schools, parks and other such features for the proposed district;

c.

Existing contours at not more than twenty-foot intervals where the natural slope is greater than five percent, and not more than two-foot intervals where the natural slope is less than five percent;

d.

Proposed use(s);

e.

Areas of excavation;

f.

Proposed contours to which the district is to be excavated.

4.

Two copies of a master drainage plan showing the following:

a.

Impact on the water table;

b.

All watershed tributaries to the proposed district;

c.

Amount of storm runoff;

d.

Proposed method of controlling the expected runoff.

This drainage plan must be accompanied by hydraulic calculations based on the city's one hundred-year storm prediction and must be signed and sealed by a registered professional engineer.

5.

For the purpose of erosion control and soil stabilization, a plan showing the method of stabilization. The city engineer may waive this requirement if it is determined to be impossible or impractical.

C.

Responsibilities of the Owner and Operator. The landowner or his authorized agent will bear responsibility for:

1.

Obtaining, when required, the services of an engineer or architect authorized to practice in Texas;

2.

All of the legal duties, obligations or liabilities incidental to ownership of the property while the work is in progress or after its completion. The provisions of this chapter will not relieve any person or owner from any responsibility for damages to persons or property otherwise imposed by law, nor impose any liability upon the city or any official of the city for such damages;

3.

Installing the appropriate devices, structures, landscaping and facilities and executing soil stabilization, erosion control, handling of materials and other proper measures to fulfill the intent and purpose of this chapter;

4.

Providing continued maintenance and repair of all retaining walls, cribbing, drainage facilities, slopes, landscaping, soil stabilization and erosion control measures and any other protective devices located within the property;

5.

Obtaining clearance from all utilities within the boundaries of the district. Failure to clear with any such utility may result in an immediate suspension of the work at the discretion of the building official.

D.

Authority of the City Engineer and Building Official. The building official, under authority of this chapter, has the authority to impose any of the following requirements to protect the interest of the property owner, the adjacent property owner and the general public during or after the extraction operation as may be reasonably necessary to cause the work to fulfill the purpose of this chapter:

1.

Interim and permanent soil erosion control requirements;

2.

Slope stabilization requirements;

3.

Work procedures and safety requirements related to transportation of materials on public ways;

4.

Fencing or other screening as may be required to protect surrounding properties.

E.

Operating Standards.

1.

Any permitted quarry operation shall meet all applicable local, state and federal regulations.

2.

Any blasting shall be done in accordance with the requirements of this Code, except that no grading permit shall be required as a part of those requirements.

3.

A perimeter setback of one hundred feet shall be observed from any site property line for extraction operations and a perimeter setback of twenty-five feet shall be observed from any site property line for any accessory uses.

4.

If materials are washed or deposited upon streets, alleys or other public property as a result of improperly controlled activities, the building official shall notify the landowner or operator to remove such materials and restore the streets, alleys or other public property to their original condition. Excessive dirt which is carried from this site onto adjoining streets shall be removed by the operator the same day in which it is deposited.

5.

Where the building official finds that a quarry operation is creating an imminent danger of death, personal injury or property damage, he may order that such quarry operation be immediately suspended until the hazardous condition is removed. Notice given under this chapter shall be in writing to the owner, operator, person or agent in charge of such operation.

6.

A quarry operation as permitted in this chapter does not require a grading permit as specified in Chapter 18.44 of this Code;

7.

The city council may adopt by resolution a schedule of fees for inspection by city departments and staff called for by this chapter.

F.

Authority to Issue Citations.

1.

In addition to those authorized to issue citations under this title, the following public officials shall be authorized to enforce the provisions of this chapter and shall have the power to issue Class C misdemeanor citations to any persons violating the provisions of this chapter:

a.

The city engineer;

b.

The assistant city engineer;

c.

The subdivision and grading supervisor;

d.

The construction engineer;

e.

The assistant construction engineer;

f.

All construction inspectors; and

g.

The investigative engineer.

2.

The public officials designated in subsection (G)(1) of this section are authorized to make inspections of any property necessary to enforce the provisions of this chapter.

G.

Penalty. Any person violating this chapter is deemed guilty of a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars. In the case of a continuing violation, each day's violation shall be deemed a separate offense.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 26, 10-26-2010)