92-028 ORD
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ORDINANCE 92 - 28
AN ORDINANCE ADDING SECTION 900.31 - "EXCAVATION, GRADING,
AND FILLING"
The City Council of the City of Elk River does ordain as
follows:
Section 1. That Section 900.31 of the City of Elk River
Code of Ordinances titled "Excavation, Grading, and Filling" be
added to read as follows:
SECTION 900.31 - EXCAVATION, GRADING AND FILLING
1. Definitions.
EXCAVATION: The removal of sand, gravel, rock, clay, silt,
soil, or other like material from the land. The material shall
not leave the parcel from which it originated.
WETLAND: Lands
systems where the
or the land is
this definition
attributes.
transitional between terrestrial and aquatic
water table is usually at or near the surface
covered by shallow water. For the purpose of
wetlands must have the following three
a. Have a predominance of hydric soils.
b. Are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support a
prevalence of hydrophytic vegetation typically adopted for
life in saturated soil conditions; and
c. Under normal circumstances support a prevalence of
such vegetation.
2. Permit Required.
An excavation, grading and filling permit shall be required for
all excavation, grading, and filling activities located on-site.
3. Exceptions.
An excavation, grading and filling permit shall not be required
for any of the following:
a. Excavation, grading and filling necessary for
approved development plans and the construction of
structures, sewage treatment systems, and driveways under
validly issued permits for these facilities, do not
require the issuance of a separate excavation, grading,
and filling permit. However, the excavation, grading and
filling standards in this section shall be incorporated
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into the issuance of permits for development plans and for
construction of structures, sewage treatment systems, and
driveways.
b. Incidental excavation, grading or filling for
landscaping projects including but not limited to
spreading black dirt 3" to 4" in depth for seeding and
sodding purposes and decorative rock gardens.
4. Standards.
The following standards shall apply to all excavation, grading
and filling operations within the provisions of this ordinance.
a. Noise Maximum noise level at the excavation,
grading, or filling site shall comply with the limits or
standards established by the Minnesota Pollution Control
Agency and the United States Environmental Protection
Agency.
b. Hours of Operation All excavation, grading and
filling operations shall be conducted between 7:00 a.m.
and 7:00 p.m. Monday through Saturday only. The council
may restrict excavation processing or related operations
on legal holidays if such activities cause noise or other
disturbances to adjacent property owners.
c. Duration of Proiect If the work described in any
excavation, grading and filling permit is not
substantially completed within 180 days following the date
of issuance thereof, said permit shall expire and become
void. Written notice thereof shall be transmitted by the
Building and Zoning Administrator to the permit holder,
stating that the activity authorized by the expired permit
shall cease unless and until a new excavation, grading,
and filling permit has been obtained.
d. Slopes during and after excavation, grading and
filling - During the entire period of the project all
excavation, grading, or filling shall be sloped on all
sides to a maximum ratio of four (4) feet horizontal to
one (1) foot vertical unless a steeper slope is approved
by the City.
e. Erosion Control Methods Sloped 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. Methods to trap sediments before they
reach any surface water feature shall also be used.
f. Drainaqe All excavation, grading, and
activities shall not disrupt the overall drainage
filling
patterns
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for the parcel on which the activity takes place and
surrounding parcels.
g. Wetlands - Any excavation, grading and filling in a
wetland must meet the requirements of the 1991 Wetland
Conservation Act, and future amendments to this Act.
5. Conditional Use Permit Required.
Any wetland excavation, grading, or filling project where the
wetland encompasses more than one parcel shall require a
conditional use permit pursuant to Section 900.42 before any
excavating, grading or filling activity can take place.
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 of September, 1992.
bra1:~
ATTEST:
Clerk
Affidavit of Publication
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STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
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RE8OLUTlON... ... ..:
U86LIJ'l1ON ,oaTIIB.crrrof'
BLIlIIVIJR.! ..'
AU8OLtn1ONAPPaOVINGI
NOTICE OP PUBUCATIONOP!
.'.PIlDINAHClB . .,. .i
~~.AM>i
W:Hll~ itheCit1.C9unci1of tlj.
'City of EIk.....helibyaddll ~n
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~\Ildee tbrthe N8Ula~of,Ull8V"
tloD, sra_.andBlling ~vitiet ~
W'J1ichinateti8lis not remoVed ~~.
pl'l\J!'ilIA... .The"atioDS. -.hJishB~-
Qrds. forcdl-.'Y'ation, gractms, aDrd
ft~_:-~~ftl1e1\111.tmOf
this ordinaJtce 8QleDd1neJ).t is available
forj,nspection by arwpersoJ). attheoftiee
of the City ClerkduringDOrmal~-
JMNIS houl'B;and, ',>' !
... .~~ASado~b;rhe9i:RiV::
, 'Qnmcil on the 21st clay orSep~-
bel-, 1992. . . . .
NOW, THEREFORE (BE IT~E-
SOLVED that Ordinanee92~28 &h.1
becoD)e effective upon pubHcation. ~r
Resolution,92-96. ,." ,. .
Passed aud"dQptedby the Elk River
City~neilthis21stdayor~,
1992. ,
JamesA.'l'ralle, May4r .
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
of the 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
la;;~:;:~~. I!~ q:;;. 4(P
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I ~c-
cessive weeks; it was first published on Wednesday, the I ~
day of O~ , 19q ~, and was thereafter
printed and published on every Wednesday to and including
Wednesd'ay, 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.
ATTEST: ,
Sandra A. Thackeray, City Clerk
(Oet7) ,
BY:
TITLE:
a ba defghlj ", m nn. q ,,' U v~ ')
~(z;;(C~
€)~
Subscribed and sworn to before me on this [)
O~ ,19.:1L.
111- 4~
day of
NotB~
..........~
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RATE INFO
(1) Lowest classified rate paid b
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
N Y M. SCHIMINSKI
. TA'l
ANOKA COUNTY
~ Corhnlistion E_1l1rtl June 10, 1993
$ <-{,.sO
$ 30 .~--q
$ ~O <51