Sec. 27-293. Soil extraction for public road purposes as a permitted use; requirements.
No soil extraction shall occur unless a permit is issued by the zoning official as authorized by this section when the following requirements are met:
(a) The character of runoff from and onto adjacent land shall not be changed by the soil extraction.
(b) The topsoil shall be collected, stockpiled and redistributed over the exposed soil area of the excavation at the completion of the operation. The soils in the excavation area shall then be stabilized, the land graded, seeded or sodded to prevent erosion and siltation. This subsection may be waived by the zoning official for that portion covered by an approved water impoundment.
(c) There shall be no excavation closer than one hundred (100) feet to any abutting property not involved in the operation. All cuts shall be no less than four to one (4 to 1).
(d) Costs for any damage to public roads or bridges used for access to the site which requires additional maintenance or repair by any political subdivision as a result of the nature of any additional traffic generated, shall be the responsibility of the owner of the property from which the soil is being removed and/or the contractor. The determination of costs and the method of repair and maintenance shall be as prescribed by the city engineer responsible for municipally-controlled roads and/or the county road superintendent responsible for county-controlled roads. The property owner and/or contractor may appeal the city engineer’s and/or county road superintendent’s decision to the Norfolk City Council within thirty (30) days after receiving the city engineer’s and/or county road superintendent’s decision.
(e) The protection of the public health and safety shall be the responsibility of the owner of the property from which the soil is being removed and/or the contractor. Public health and safety methods shall be as directed by the zoning official who, upon observing a problem or verifying a complaint, may order the operation to cease until the problem is resolved. The decisions of the zoning official may be appealed to the Norfolk City Council.
(f) The owner of the property and/or contractor shall provide prior to the commencement of soil extraction a certificate of insurance indicating the existence of a liability policy naming the City of Norfolk as an additional insured on said policy and providing the following coverages in amounts not less than those listed below:
|a. Bodily Injury/Property Damage||$1,000,000 each occurrence|
|b. Personal Injury Damage||$1,000,000 each occurrence|
|c. Contractual Liability||$1,000,000 each occurrence|
|d. Products Liability & Completed Operations||$1,000,000 each occurrence|
|e. Fire Damage||$ 100,000 any one fire|
|f. Medical Expense||$ 5,000 any one person|
(g) The property owner and/or contractor shall sign a statement agreeing to hold the city harmless from any and all liability and indemnifying the city from any and all liability arising out of the soil extraction.
(h) To assure that all of these conditions are met by the owner and/or contractor, a performance bond in the amount of sixty thousand dollars ($60,000.00) shall be posted with the city.
(i) All extraction of soils within a designated floodway shall conform to the City of Norfolk Floodplain Regulations.
(j) A permit may be issued by the zoning official upon receipt of a completed application and the requirements of subsections f, g and h.
Source: Ord. No. 4679, § 18, 8-18-03