§ 24-153. Permit requirements.
(a)
No person, firm, corporation, partnership, limited liability company or other such entity shall own, construct, operate or maintain a borrow pit in the unincorporated areas of St. Martin Parish without first obtaining a permit for such operations duly approved and signed by the director of public works of the parish government. Each borrow pit shall require a separate permit and if more than one borrow pit is proposed or to be constructed on a single tract of land each additional borrow pit must first be approved by the parish planning and zoning commission of the parish government and the parish council by majority vote of the council membership.
(b)
In addition to the special requirements of section 24-155, where applicable, if the excavation area of the borrow pit to be constructed on a property or contiguous properties is to be less than five acres, the application for such a permit shall be made on a form provided by parish government and include, at least, the following information:
(1)
The name, address, and telephone numbers of the owner(s) and/or operator(s) of the borrow pit;
(2)
The exact size and location of the borrow pit;
(3)
A map, plat or survey of the area to be utilized in connection with the borrow pit clearly showing the location of all adjacent roads, bridges, public buildings, and residential and commercial structures, as well as all public ditches, canals, coulees, channels and streams located throughout the property;
(4)
A statement as to the estimated volume of materials to be excavated from the borrow pit;
(5)
A certification from the owner(s) and/or operator(s) of the borrow pit that all activities conducted in connection with the location, construction, operation and maintenance thereof will be undertaken in accordance with all federal, state and local laws, rules and regulations and that all necessary permits have been obtained from the appropriate federal, state and local regulatory agencies. Copies of each such permit shall be attached to the application;
(6)
A restoration plan for the property indicating phasing, sequencing and a specific proposed restoration plan for the reuse of the property, with the plan further providing, where apropos, a commencement date and completion date; and,
(7)
Proof of general liability insurance coverage with minimum limits of liability of $500,000.00 per person and $1,000,000.00 per event.
The cost of applying for such a permit shall be $500.00. Any such permit shall be renewed annually at a cost of $50.00 per renewal for as long as the borrow pit continues to operate or until restored for re-use in accordance with the restoration plan submitted in connection with the permit application.
No permit shall be issued for the location, construction, operation and/or maintenance of any such borrow pit unless the parish government, director of public works, or a civil engineering firm hired by parish government determines that the applicant is not currently in violation of this article or any other applicable state or federal statute or regulation, has not had multiple violations of this article, that such activities will not cause damage to any parish roads, bridges, drainage structures or other public property beyond normal wear and tear, and that the borrow pit is not located within 150 feet of a public drainage ditch, canal, coulee, channel, stream or building.
However, the applicant shall have the right to appeal to the parish council the denial of a permit by the parish government director of public works or the civil engineering firm hired by parish government that the permit should not be issued because such activities will cause damage to any road, bridge, drainage structure or public property beyond normal wear and tear. The appeal shall be submitted in writing and received at the offices of the parish president within 30 days from the date of the denial of the requested permit. Any applicant seeking to appeal the denial of the requested permit in doing so agrees to pay the cost of obtaining any report or assessment regarding the potential for damage to any parish road, bridge, drainage structure or other public property from the civil engineering firm hired by parish government.
(c)
In addition to the special requirements of section 24-155, where applicable if the borrow pit to be constructed is five acres or more on property or contiguous properties, the application for such a permit shall be made on a form provided by parish government and include at least the following information:
(1)
The name, address and telephone numbers of the owner(s) and/or operator(s) of the borrow pit;
(2)
The exact size and location of the borrow pit;
(3)
A survey of the entire property upon which the borrow pit will be located, including the legal description thereof, which shall also clearly show the location of all adjacent roads, bridges, public buildings, and residential and commercial structures, as well as all public ditches, canals, coulees, channels and streams located throughout the property;
(4)
A statement as to the estimated volume of materials to be excavated from the borrow pit;
(5)
A certification from the owner(s) and/or operator(s) of the borrow pit that all activities conducted in connection with the location, construction, operation and maintenance thereof will be undertaken in accordance with all federal, state and local laws, rules and regulations and that all necessary permits have been obtained from the appropriate federal, state and local regulatory agencies. Copies of each such permit shall be attached to the application;
(6)
A restoration plan for the property indicating phasing, sequencing and a specific proposed restoration plan for the reuse of the property with the plan further providing, where apropos, a commencement date and completion date;
(7)
Proof of general liability insurance coverage with minimum limits of liability of $1,000,000.00 per person and $1,000,000.00 per event;
(8)
A letter of approval from the parish government, director of public works or the civil engineering firm hired by parish government;
(9)
A letter of approval from the parish government building official;
(10)
A Resolution of the parish council authorizing the granting of the permit; and
(11)
A heavy haulers permit, if applicable.
The cost of applying for such a permit or any shall be $500.00. Any such permit shall be renewed annually for a cost of $100.00 per renewal for as long as the borrow pit continues to operate or until it is restored for re-use in accordance with the restoration plan submitted in connection with the permit application.
No permit shall be issued for the location, construction, operation and/or maintenance of any such borrow pit unless the parish government, director of public works, or a civil engineering firm hired by parish government determines that the applicant is not currently in violation of this article or any other applicable state or federal statute or regulation, has not had multiple violations of this article, that such activities will not cause damage to any parish roads, bridges, drainage structures or other public property beyond normal wear and tear, and that the borrow pit is not located within 150 feet of a public drainage ditch, canal, coulee, channel, stream or building.
However, the applicant shall have the right to appeal to the parish council the denial of a permit by the parish government, director of public works, or the civil engineering firm hired by parish government that the permit should not be issued because such activities will cause damage to any road, bridge, drainage structure or public property beyond normal wear and tear. The appeal shall be submitted in writing and received at the offices of the parish president within 30 days from the date of the denial of the requested permit. Any applicant seeking to appeal the denial of the requested permit in doing so agrees to pay the cost of obtaining any report or assessment regarding the potential for damage to any parish road, bridge, drainage structure or other public property from the civil engineering firm hired by parish government. The decision being appealed shall not be disturbed except by majority vote of the membership of the parish council.
(Ord. No. 17-08-1181-OR, § III, 8-1-2017)