30-2 MINING, QUARRY, SAND AND GRAVEL EXCAVATION OPERATIONS: Definitions and General Provisions

A. Appellant. Appellant means any person adversely affected by any final decision made regarding the issuance of an Excavation Permit or other final decisions under the provisions of this Chapter. B. Applicant. Applicant means an Owner or Operator submitting an Application in accordance with the requirements of section 30-4 for the purpose of obtaining an Excavation Permit as required by this Chapter. C. Application. Application means the Operation and Reclamation Plan and other required plans, drawings, or materials submitted by an Applicant in accordance with the requirements of section 30-4. D. Community Development Director or CDD. Community Development Director or CDD means the Community Development Director of the City or his or her designee. E. DOGM. DOGM means the Utah Division of Oil, Gas and Mining. 2 F. Excavation. For the purposes of this ordinance, Excavation refers to any type of mining operation including, but not limited to, the removal of rock, sand, gravel, clay and any other soil by digging, leveling, scraping, blasting, screening, processing, and operating, maintaining and repairing equipment, marketing, advertising and selling aggregate products and services to the general public, or any other process, together with all other types of mining operations where material is removed from the earth. 1. Exceptions. The provisions of this ordinance shall not apply to any or all of the following: (a) The removal of sod, provided such removal will not adversely affect the drainage, stability, and/or vegetation of the area. (b) Ditching and land leveling for agricultural, personal residences, or public recreational uses (parks or trails), or other improvements associated with residential dwellings. (c) Site preparations for an approved development project or for building a structure for which a building permit has been issued. (d) Installation or maintenance actions for utility purposes, or City capital improvement projects. (e) Excavation Operations conducted on federal, tribal or state land or within the incorporated limits of a municipality. G. Excavation Permit. Excavation Permit means that permit approved by the City pursuant to section 30-3. H. Land. Land means the surface and subsurface of an area within the incorporated areas of the City where excavation operations are being or will be conducted, including but not limited to: on-site private ways, roads, the excavation site itself, exploration sites, drill sites or working areas, parking or storage areas; and includes areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in such operation, are situated. I. Off-site. Off-site means the land areas that are outside or beyond the area proposed or approved for an Excavation Permit. J. On-site. On-site means the land within which excavation operations are or will be conducted, which is bounded by continuous property lines dividing the surface or land ownership, control, or right that is invested in the Operator. A series of related properties under the control of a single Operator, including properties separated by small parcels of land controlled by others, may, at the election of the Operator, be considered a single site. K. Operation and Reclamation Plan. Operation and Reclamation Plan means the Operation and Reclamation Plan approved as part of the Excavation Permit under the provisions of this Chapter. 3 L. Operator. Operator means any person, firm, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative of any kind either public or private, owning, leasing, controlling, or managing excavation operations or proposed excavation operations. M. Owner. Owner means any person, corporation, association, partnership, or other legally deeded organization or representative of any kind, whether public or private, owning, controlling or managing a mineral deposit or the lands employed in excavation operations. N. Public Road. Public road means any road, street, alley, lane, court, place, viaduct, tunnel, culvert, or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in an action for the partition of real property and includes the entire areas within the right-of-way. O. Reclamation. Reclamation means actions performed during and after excavation operations as specified in section 30-9.