20.30.03 DEFINITIONS

As used in this chapter: Blasting means the controlled use of explosives underground by a qualified person to fracture, break and loosen rock for Excavation and quarrying. Concrete Mixing Batch Plant means any facility used to manufacture concrete by mixing aggregate with cement. Excavation means the removal of sand and gravel, clay, soil, granite, flagstone, and shale by excavating, stripping, leveling or any other process, together with all other types of Mining Operations where material is removed from the earth. Excavation shall not include: (i) the construction of roads, (ii) the removal of sod or topsoil, (iii) the creation of ditches, (iv) leveling of land for residential or agricultural purposes, or (v) landscaping activities. The provisions of this chapter shall not apply to the removal of sod or topsoil, providing the operation be not closer than ten feet to any property line or to a depth in excess of eighteen inches or so to adversely affect the drainage, stability or vegetation for the area; and to provide further, this chapter shall not apply to ditching and land leveling for agricultural purposes. Land leveling for agricultural purposes shall not include the removal of mineral resources from the site for sale or for other uses. Excavation Permit means a permit issued by the Town of Genola wherein the Town of Genola accepts the remaining inventory/analysis, the operations plan, and the final reclamation plan, as evidenced by the properly endorsed and designated signature blocks. Finished Grade means the final grade of the site after Reclamation activities are completed in conformity with the approved reclamation plan approved by the Town Council. Hot Batch Plant means machinery and related equipment used to create hot asphalt, with the plant often consisting of a cold aggregate elevator, a rotary dryer, an oil or gas fire, a hot aggregate elevator, a screening and classifying system, weight hoppers, and a mixer. Land Affected means the surface and subsurface of any area within the incorporated area of the city where Mining Operations are being, or will be, conducted, including but not limited to: On-site private ways, roads, the Excavation site itself, exploration sites, drill or working sites, parking, storage or waste storage areas; areas in which structures, facilities, equipment, machines, tools or other materials or property which result from or are used in such operation, are situated. Mining Operation(s) means those activities conducted on the land for the exploration for development of or the extraction of mineral deposits from its natural occurrences, including surface mining and surface effects of underground mining, including On-site transportation and other processing activities. Off-site means the land areas that are outside of or beyond the On-site land which is owned or controlled by the Operator. On-site means the surface land area within which Mining Operations are or will be conducted, which is bounded by continuous property lines dividing the surface of land ownership, control, or right that is invested in the Operator. A series of related properties under the control of a single Operator but separated by small parcels of land controlled by others will be considered a single site unless excepted by the Planning Commission. Operator means all persons, firms, corporations, associations, partnerships, receivers, trustees, executors, administrators, guardians, fiduciaries, agents or other organization or representative of any kind, either public or private, that now or in the future owns, controls, or manages all, or any portion of, a Mining Operation or proposed Mining Operation, including exploring for or developing of a mineral deposit. Owner means all persons, corporations, associations, partnerships, or other legal organizations or representatives of any kind, either public or private, that now or in the future owns, controls, or manages a mineral deposit or the land employed in Mining Operations. 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 area within the right-of-way. Reclamation means actions performed during and after Mining Operations to shape, stabilize, revegetate or otherwise treat the Land Affected in order to achieve a safe, stable, ecologically viable condition as follows: the mined lands will be reclaimed to an aesthetically pleasing and useable condition which is readily adaptable to alternate land uses and create no danger to public safety. These rehabilitated or reclaimed conditions will be consistent with the city land use plan in the immediate area. The Reclamation process may extend to affected lands surrounding the mined lands and may require backfilling, grading, re-soiling, revegetation, soil compaction, stabilization and other measures. Rock Crushing means the use of one or more machines designed to take large rocks or materials and reduce them to smaller rocks, gravel, or rock dust.