92-027 ORD
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ORDINANCE 92 - 27
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 720 "MINERAL EXCAVATION"
The City Council of the City of Elk River does ordain as
follows:
Section 1. That Section
Code of Ordinances titled "Mineral
read as follows:
720 of the City of Elk River
Excavation" be amended to
SECTION 720 - MINERAL EXTRACTION
720.00 - DEFINITIONS
Unless the context
combination of words,
720.00 et seq. shall
following paragraphs:
clearly
terms
have
indicates otherwise, the words,
or phrases as used in Section
the meanings set forth in the
EXTRACTION LICENSE:
extract rock, sand,
material.
shall
gravel,
mean a license to remove or
clay, silt, soil or other like
MINERAL EXTRACTION: shall mean the removal of rock, sand,
gravel, clay, silt, soil or other like material from the land
and the removal thereof from the site. Said extraction may
also involve the storage and processing of said materials on
the site.
MINERALS: shall mean the nonmetallic materials found in the
earth including, but not limited to, rock, sand, gravel, clay,
silt and soil which may be covered by overburden.
OVERBURDEN: shall mean those materials which lie between the
surface of the earth and the material to be extracted.
PROCESSING:
treating of
material.
shall mean the crushing, washing, compounding or
rock, sand, gravel, clay, silt or other like
REHABILITATION: shall mean to
self-sustaining, long-term use which
contiguous land uses in accordance with
in this ordinance.
renew the land to a
is compatible with
the standards set forth
TOPSOIL: shall mean that portion of the overburden which
lies closest to the surface of the earth and which supports the
growth of vegetation.
720.02 - GENERAL REGULATIONS
1. It shall be unlawful for any person, firm or corporation
to excavate and remove from a site, rock, sand, gravel, clay,
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silt or other like material in the City without being licensed
as further provided in this ordinance. In addition to being
licensed, a conditional use permit pursuant to Section 900.42
and a zone change pursuant to Section 900.12(18) shall also be
required.
720.04 - EXCEPTIONS
An extraction license, conditional use permit and zone change
shall not be required for any of the following:
1. Extraction for the purpose of the foundation, cellar or
basement of some immediately pending superstructure to be
erected, built or placed thereon contemporaneously with or
immediately following such extraction provided that a building
permit has first been issued.
2. Extraction in reliance of and in accordance with an
approved development plan or grading plan.
3. Extraction by the State of Minnesota, Sherburne County, or
City authorities in connection with construction or maintenance
of roads or highways or utilities provided such activity is
conducted within said road or highway right-of-way or utility
easement.
4. Curb cuts, utility hookups or street openings for which
another permit is required from the City. Where another
license or permit is not required or obtained, the extraction
license provided for in this ordinance shall be required.
5. Extraction less than one hundred (100) cubic yards. Said
extractions, however will be subject to a staff permit which
will address erosion control, traffic, streets, safety, noise,
hours of operation, duration of activity, and environmental
factors. If these factors cannot be adequately addressed, the
permit may be denied.
6. Extractions or grading for agricultural purposes. Said
extraction will require a staff permit as provided for in this
ordinance.
7. Mineral extraction activities that exceed one
(100) cubic yards and which will be completed within
years shall require a conditional use permit only. A
and zone change will not be required.
hundred
two (2)
license
720.06 EXTRACTION
(C.U.P.) APPLICATION
LICENSE AND CONDITIONAL USE PERMIT
Application for the extraction license and conditional use
permit required by this ordinance shall be made in writing to
the Council in the form specified by the City Administrator.
The application shall contain the following information:
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1. The correct legal description of the land upon which
extraction is proposed.
2. The name and address of the applicant and owner of the
land.
3. The names and addresses of all adjacent land owners within
a one-half (1/2) mile radius as prepared by a certified
abstract company.
4. The purpose of the proposed extraction.
5. The estimated time required to complete the proposed
extraction and rehabilitation.
6. The names
roadways within
transported.
of
the
the highways, streets
City upon which the
or other public
material shall be
7. Specifications for the following using appropriate maps,
photographs and surveys:
a. The physical relationship of the proposed extraction
site to the community and existing community development.
b. Site analysis information such as trees, depth of
topsoil, adjacent and on-site buildings and land uses,
flood levels, watercourses, and elevation and percent
slope within one hundred (100) feet beyond the perimeter
of the site.
c. The estimated quantity of materials to be extracted.
d. The depth of water tables throughout the proposed
extraction site.
e. The average thickness of overburden on the proposed
extraction site.
8. The plan of operation, including processing, if any, the
nature of the processing and equipment, location of the
processing plant, source of water, disposal of water, reuse of
water, and use of explosives.
9. Plans for drainage, wind and water erosion control,
sedimentation and dust control, maintenance of security on the
proposed extraction site, control of access to open extraction
and control of weeds and unsightly vegetation.
10. A comprehensive rehabilitation plan showing suitable
provisions for rehabilitation of the excavated area to a
useable condition compatible with the adjacent land such that
it will not become a health or safety hazard or a nuisance.
Such plan shall, at a minimum, include anticipated final
elevations, slopes and plans for the return of vegetation,
subsoil and topsoil. Where the Council deems practical and
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necessary, such plan shall also include adjoining
where extractions have previously been made which
the control of the applicant or the owner of the
the extraction is proposed.
related areas
remain under
land on which
720.08 - ISSUANCE OF EXTRACTION LICENSE AND CONDITIONAL USE
PERMIT; COUNCIL ACTION
1. Upon referral of the
Administrator, the Council shall
accordance with the standards
this ordinance.
application from the City
evaluate the application in
and requirements set forth in
2. The Council shall issue an extraction license only upon a
finding that the proposed extraction activities will not be
dangerous or otherwise detrimental to persons residing or
working in the vicinity thereof, or to the public health,
safety, or welfare, and will not impair the use, enjoyment, or
value of any neighboring property.
3. The Council, in its discretion, may attach conditions to
protect the public health, safety and welfare, to avoid traffic
congestion or hazard, or to promote conformity of a proposed
use with the character of adjoining property and uses.
702.10 - STANDARDS
The following standards shall apply to all
operations within the provisions of this ordinance:
extraction
1. Boundary. Extraction operations
within the confines of the extraction site
application.
shall be conducted
described in the
2. Prohibited Areas. Extraction operations shall not be
conducted within the following:
a. Five (5) feet of the right-of-way of an existing
public utility.
b. Fifty (50) feet of the boundary of any zone where
such extraction operations are not permitted.
c. Thirty (30) feet of the boundary of an adjoining
property which is not being used for extraction operations.
3. Fencing. During extraction operations, access to any
area where collections of water are one and one-half (1-1/2)
feet in depth or more, or where extraction slopes are steeper
than one (1) foot vertical to one and one-half (1-1/2) feet
horizontal and any other areas where obvious danger to the
public exists shall be controlled by a four (4) foot tall fence
with support posts spaced every ten (10) feet.
4.
Appearance and Screeninq.
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a. All machinery shall be kept operational.
b. Abandoned machinery and rubbish shall be periodically
removed from the extraction site.
c. Within three (3) months after the termination of
extraction operations or within three (3) months after the
expiration of the extraction license provided by this
ordinance, the applicant or owner shall dismantle
buildings and structures incident to extraction operations
and shall grade the extraction site as well as complete
all rehabilitation on the site as provided by the
rehabilitation plan.
d. When required, the perimeter of the extraction site
shall be planted or otherwise screened.
e. Existing tree and ground cover shall be preserved to
the maximum extent feasible, maintained or supplemented by
selective cutting, transplanting and replanting of trees
shrubs and other ground cover along all setback areas.
5.
Extraction Operating Standards.
a. Noise Maximum noise level at the perimeter of the
extraction site shall comply with the limits or standards
established by the Minnesota Pollution Control Agency and
the United states Environmental Protection Agency.
b. Powers - All extraction operations shall be
conducted between 7:00 a.m. and 7:00 p.m., Monday through
Saturday only. The Council may restrict extraction,
processing 0+ related operations on legal holidays if such
activities cause noise or other disturbances offensive to
adjacent property owners.
c. Explosives The use and handling of explosives at
the extraction site shall be coordinated with the Police
Department. Blasting shall occur only at hours specified
in the extraction license.
d. Fugitive Dust - Extraction operators shall use all
practical means to reduce the amount of fugitive dust
generated by extraction operations. In any event, the
amount of dust or other particulate matter generated by
the extraction shall not exceed air pollution standards
established by the Minnesota Pollution Control Agency.
e. Water Pollution Extraction operators shall comply
with all applicable Minnesota Pollution Control Agency and
Department of Natural Resources regulations and all
applicable United States Environmental Protection Agency
regulations for protection of water quality. No waste
products or processed residue including untreated wash
water shall be deposited in any public waters of the State
of Minnesota.
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f. Topsoil
retained at
rehabilitation
plan.
Preservation All topsoil shall be
the extraction site until the completion of
work in accordance with the rehabilitation
g. Slopes During Extraction Operations During the
entire period of operations, all extractions other than
the working face, shall be sloped on all sides to a
maximum ratio of one (1) foot horizontal to one (1) foot
vertical, unless a steeper slope is approved by the City.
Where extractions are adjacent to a public roadway, other
right-of-way, or waterway, the extraction shall have a
maximum slope of four (4) feet horizontal to one (1) foot
vertical.
h. Council Waiver - The Council, at the time of issuance
of the extraction license, may waive or modify any of the
provisions in this Section, 720.10, or impose additional
requirements if it finds that the plan of operation, or
other materials submitted with the application, or other
factors make other measures more suitable for standards
consistent with the public health, safety and welfare.
6. Rehabilitation Standards.
a. Rehabilitation
occurring as quickly
operation has moved
site.
shall be a continuing process
as possible after the extraction
into another part of the extraction
b. Slopes All banks and slopes shall be
rehabilitated in accordance with the rehabilitation plan
submitted with the extraction license application. No
rehabilitation slope shall be steeper than four (4) feet
horizontal to one (1) foot vertical, except that steeper
slopes may be permitted in accordance with the
rehabilitation plan when said slopes are planned for
slope-related uses including, but not limited to, ski
hills and sliding hills.
c. Cover and Planting - Slopes, graded and backfilled
areas shall be surfaced with at least three (3) inches of
topsoil and planted with ground cover sufficient to
contain the soil. Such ground cover shall be tended as
necessary until it is self-sustaining, and shall include
trees where appropriate.
d. Slopes to Water Bodies No slope descending to a
water body shall exceed one (1) foot vertical to four (4)
feet horizontal.
e. Water Bodies All water areas resulting from
extraction shall be rehabilitated as follows: All
standing water bodies shall either be filled with
acceptable fill materials at the end of each extraction
construction season or preserved in the discretion of the
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City, consistent with the public health, safety and
welfare.
720.12 - SPECIAL REQUIREMENTS
The Council, as a prerequisite to the issuance of an extraction
license or conditional use permit, or after an extraction
license and conditional use permit have been granted, may
require the applicant or owner of the licensed premises to:
1. Reimburse the City for the cost of periodic inspections by
the City Administrator, Building and Zoning Administrator or
other City employees for the purpose of determining that the
provisions of the extraction license, conditional use permit
and this ordinance are being followed.
2. Submit to the Council a detailed map of the highways,
streets, roads or other public ways within the City upon and
along which the material removed shall be transported (haul
roads). The City shall inspect the haul roads proposed to be
used by the applicant or owner and shall recommend to the
Council necessary upgrading or repairing of the haul roads
prior to their use by the applicant or owner. The Council
shall designate the haul roads and shall incorporate the
recommendations of the responsible City officials in the
extraction license and conditional use permit issued to the
applicant. It shall be the responsibility of the applicant or
owner to maintain the haul roads in accordance with the
provisions set forth in the extraction license and conditional
use permit. The City shall periodically inspect haul roads to
ensure compliance with the extraction license and conditional
use permit. During the period of or upon completion of the
extraction operations, the applicant or owner shall make any
necessary repairs to the haul roads as recommended by the
City. All costs of inspection provided for in this paragraph
shall be borne by the applicant or owner. The use of the haul
roads shall be further subject to any road and weight
restrictions imposed by the City.
3. Submit annually in writing to the Council the estimated
quantity of minerals to be extracted. If the quantity of
minerals to be extracted is, for any reason, likely to exceed
the original estimate herein required, the applicant or owner
shall notify the Council of the change in estimated quantity.
4. Comply with such other requirements as the Council shall,
from time to time, deem proper and necessary for the protection
of its citizens and the general welfare.
720.14 - INSPECTIONS
At least once a year, or more often if deemed necessary, the
City shall inspect all extraction sites where an extraction
license and conditional use permit have been issued pursuant to
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this ordinance and report such findings to the Council.
operator or owner of any extraction operation found
violation of the requirements of this ordinance or
extraction license or conditional use permit shall remedy
violations within the time specified by written notice from
City.
The
in
its
such
the
720.16 - DURATION OF EXTRACTION LICENSE
The extraction license shall run from January 1
December 31 of the same year or for a lesser period of
the Council may specify at the time of issuance
extraction license. If the extraction license is to
less than a full year, the extraction license fee
prorated as determined by the Council.
through
time as
of the
run for
shall be
720.18 - EXTRACTION LICENSE FEE
The applicant or owner of the premises on which
operation is located shall annually submit
written estimates of:
the
to
extraction
the Council
1. The total
(expressed in
forthcoming year.
area of
acres)
the
to
mineral extraction
be actively mined
operation
during the
2. The total area
permitting mineral
(expressed in acres)
forthcoming year.
for which a conditional
extraction operations has
which will not be actively
use
been
mined
permit
granted
in the
The Council shall, by Resolution, establish an annual per acre
license fee for areas to be actively excavated, and a separate
annual per acre license fee for areas which will remain
inactive. The annual extraction license fee for each owner or
operator shall be determined by applying the annual per acre
fees established by the Council to the applicant's or
operator's estimates of acreage under active or inactive
extraction. If the owner or operator becomes aware that the
acreage to be actively mined will exceed his original estimate,
or if the applicant or owner shall notify the Council
immediately of the change, then the annual extraction license
fee shall be adjusted accordingly and payment of any additional
license fees shall be made immediately.
720.20 - SURETY BOND
The Council shall require the applicant or owner of the
premises on which the extraction operation is located to post a
surety bond with a surety acceptable to the City, cash escrow,
Letter of Credit or other security as approved by the City
Attorney, in the sum of Ten Thousand Dollars ($10,000) or such
other sum as the Council, in its discretion, deems necessary to
protect the public health, safety, or welfare, running to the
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City, conditioned to pay the City the extraordinary cost and
expense of repairing, from time to time, any highways, streets
or other public ways where such repair work is made necessary
by the special burden resulting from hauling and travel, and
removing material from any pit or extraction, and conducting
required rehabilitation and conditioned further to comply with
all the requirements of this Ordinance and the particular
extraction license and conditional use permit, and to pay any
expense the City may incur by reason of doing anything required
to be done by any applicant to whom an extraction license and
conditional use permit are issued. Said bond shall remain in
full force and effect for a minimum period of one (1) year
after expiration of the extraction license to guarantee the
required rehabilitation as well as the other requirements
herein provided.
Section 2. That this ordinance shall take effect and be
in full force from and after the date of its publication.
Passed and adopted this 21st day
J::' I/'~
James A. Tralle, Mayor
ATTEST:
k
7.55
Mfidavit of Publication
.
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
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.......OFIttllf.ERAtEXTRACTloN
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~REAS,. .~..City~l1cUofthe
~of'JJklliverh~"'D~iSection
77nof'theElk~COdeof~
~ . "tttJDereJ Extraction" .at,.d does
~"fcIDowa; and, < ... i
t~~o~fmlehdro.ent
Pt'ovidesfQr the repbltion. ofblineral
~.. activities.Thel'e8\Patio~
.8Ilta1>Dah~dardB for ~an<ie of an
~ license andcq~tiopaIU8e
~t for.extraction activities;iand,
WlIltuAs, a copy of the tWli text of
this ordinance amendment is available.
foriIlspectiO!l by anrpersc>nat. t~eoffice
of'tbeElkRiwf Cff€y Clerttdurih$ nor-
JD8l bu~houl'Srap.d, ... .. ......
WHQiSAS, ~ 92- ~1 was
1/88llecl. ap.d adopted by tbe~~ ,Rive!
(:ityCoui1cilon the 21st day'of~In~
her, 1992. '.. J I
NOW, THEREFORE, BEI(1'RE-
SOL~. that Ordinan<ie 92~~8hall
~etTectiw uponpubliCa.tion of
~tion92-96 .. .. .....i ..
Pauec:I ancla&pted bytheEIk River
~y~ueUthhl21stdaYof'Sel4mber,
1992. ...... ... .;i'
ATrEST: ...... J..~ A. Tt-~ ~ayor
Saadra A. Thackeray, City Clerlt
.....(Oct7) . . i
I,
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa.
per known as The Elk River Star News, and has full knowledge
ofthe facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A02, 331A.07, and other applicable
laws, as amended. ~ _
(B) The printed fi q ~- 9S
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I suc-
cessiveweeks;itwasfirstpublishedon Wednesday, the 7-1-11
day of Ocf::tJ-tH/l . 19 q~ ,and was thereafter
printed and published on every Wednesday to and including
Wednesday, the _ day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
BY:
TITLE:
a b c de fg hij k I mno p qr st u v wxy z
~~
Subscribed and sworn to before me on this St!2
Or;t;~)-t/J ,19 qfJ-.
NOtary~ m~_
CINDY M. SCHIM1NSKI
day of
.
..'\ \ ANOKA *
RATElNF.' ~nE::;~~~
(1) Lowest classified rate plfid bY' r .i'<"'i'l,' t.f-NIi.M .
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$~
$ a<6 R5J
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