75-04 - Excavating ZOA pt 1RUSSELL H. LARSON
ATTORNEY AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
RUSSELL H. LARSON
CRAIG M. HERTZ
October 13, 1975
Chanhassen City Council
Box 147
Chanhassen, MN 55317
Re: Excavating Ordinance
Gentlemen,
AREA CODE 612
TELEPHONE 335-9565
Attached is a redraft of the proposed excavating ordinance incorporating the
changes requested at the Council meeting of October 6, 1975. I trust you
will find the redraft acceptable.
In my letter of September 22, 1975, to the Planning Commission I discussed
the study of a proposed ecology ordinance. I believe the commission is
giving some study to it; and my question is whether this office is authorized
to assist in the preparation of such an ordinance.
y
Russell H. Larson
Chanhassen City Attorney
RHL:m
Attachment
cc: Jerry Schlenk,�truce Pankonin, and
All Councilmen
OCT1975 %5
Ffuile 0
� .aGe
'�4Ntiggg�� tiw
"CVPR7n717� �'0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE PROHIBITING THE EXCAVATION AND GRADING OF THE EARTH AND
THE OPENING OF PITS WITHOUT FIRST OBTAINING A PERMIT THEREFOR, PROVIDING
FOR THE ISSUANCE OF PERMITS, AND PROVIDING PENALTIES FOR THE VIOLATION
OF THIS ORDINANCE.
THE COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. SHORT TITLE.
This ordinance shall be known as the "Excavating Ordinance of the City of
Chanhassen", and will be referred to herein as "this ordinance."
SECTION 2. PURPOSE.
This ordinance is adopted for the purpose of protecting the public health,
safety and general welfare of the City by regulating the excavation and grading of
the earth within the City.
SECTION 3. EXCAVATION PROHIBITED WITHOUT PERMIT.
3.01 Permit Required. No person, firm, or corporation shall hereafter
dig, excavate, or enlarge any open pit or excavation, or change the grade, on any
property owned or used by him without first making application for and obtaining
from the City Council a permit therefor.
SECTION 4. ISSUANCE OF PERMIT.
4.01 Application for Permit. An application for an excavating or grading
permit under this ordinance shall be made upon forms furnished by the City. Said
application shall be filed with the City Zoning Administrator and plan checking and
grading permit fees as established by the then current State Building Code shall be
paid to the City at the time of the filing of said application. Upon a showing of
hardship or other extenuating circumstances the City Council in its discretion may
waive or reduce said fees. The City Zoning Administrator may require the applicant
to furnish such additional information and data as he shall deem reasonably neces-
sary for a complete review of the proposed work. The City Zoning Administrator
may also require the applicant to deposit with the City Treasurer funds estimated by
the City Zoning Administrator to be sufficient to defray all City expense in process-
ing said application, including, but without limitation to, City staff administration
costs, and engineering, planning, legal and soil consultants' fees. Any balance of
said deposit remaining after completion of proceedings on the application shall be
refunded to the applicant.
11
4.02 Action by City Council. A permit under this ordinance for excavating
or grading may be issued to the applicant therefor under such terms and conditions
as may be specified in writing by the City Council provided the applicant has satis-
fied the City Council that the proposed activity will not adversely affect public health,
safety, convenience, general welfare, property values, drainage patterns and water
ponding .
4.03 Public Hearing. Prior to consideration of an application for an exca-
vating or grading permit under this ordinance, the City Council may direct the holding
of a public hearing by the City Council or City Planning Commission upon such notice
as it deems necessary under the circumstances.
SECTION 5. VIOLATION AND PENALTY.
5.01 Prima Facie Evidence of Violation. Any digging, excavating, grading,
shifting or removal of earth of an amount in excess of 150 cubic yards without first
having obtained such a permit, except as required for the purpose of construction for
which a building permit has been issued, shall be prima facie evidence of a violation
of this ordinance. The following activities are hereby excepted from the provisions
of this ordinance:
a) Excavation and grading as required for the purpose of
construction for which a building permit has been
issued.
b) Activities normal and customary to an agricultural use
of the premises provided no earth materials are removed
therefrom.
5.02 Violation and Penalty. Any person, firm, or corporation who shall
violate any of the provisions of this ordinance or of any permit issued hereunder, or
who shall make any false statement in any document required to be submitted under
the provisions hereof, shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not to exceed $300. 00 or by imprisonment not to exceed
90 days. Each day that a violation continues shall constitute a separate offense.
5.03 Right to Revoke Permit. The City Council, acting through its duly
authorized representatives , hereby reserves the right to revoke any permit hereunder
upon a violation of any of the conditions thereof, and upon revocation the continu-
ance of any work under such permit shall be a violation of this ordinance; and if the
City Council, through its duly authorized representatives, shall order any positive
act to be done to conform the work being done with that authorized by the permit,
the same shall be completed before any further excavating or grading may be permitted
and within 5 days from the making of a notice to do said acts to the person, firm, or
corporation to whom the permit was issued.
- 2 -
5. 04 Enforcement and Abatement. Any excavating, grading, digging, shift-
ing or removal of earth in violation of the requirements of this ordinance may be
restrained, enjoined, and abated by any appropriate remedy in any court of competent
jurisdiction.
SECTION 6. EFFECTIVE DATE.
This_ ordinance shall become effective from and after its passage and publica-
tion.
Passed by the Council this day of
ATTEST:
CITY CLERK-ADMINSTRATOR
Published in Carver County Herald on the
- 3 -
1975.
MAYOR — --- - — -
day of , 1975.
RUSSELL H. LARSON
ATTORNEY AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
RUSSELL H. LARSON AREA CODE 612
CRAIG M. MERTZ TELEPHONE 335-9565
September 22, 1975
AiP
�R SEP 1975
Chanhassen Planning Commission RECEIVED C
Box 147 t VrLLAGE of
Chanhassen, Minnesota 55317 GHAI1iHASSEM
Re: Excavating Ordinance %716$
Dear Commission Members,
In accordance with your directions and that of the Council, and with considerable
assistance from Mal McAlpine, I enclose herewith a draft of a proposed excavating
ordinance for your review.
As I indicated to Bruce Pankonin in my letter of June 25, 1975, there are several
ways to deal with the problem, i, e. from the technical engineering oriented
ordinance to the relatively simple regulation. Mal and I have approached the
problem on the latter course, feeling that each parcel of land on which excavation
or grading is proposed should be dealt with on an individual basis. .
Through proper staff administration of an application under the proposed ordinance,
the Council could be furnished with sufficient data upon which to base the terms
of a permit tailored to the tract of land involved.
As a guide to your consideration of the cubic yard exemption in Section 5.01 of the
ordinance, the average basement excavation totals about 250 cubic yards according
to our engineers. Deephaven's ordinance. sets the exemption at 150 yards, and I
believe this is reasonable.
Mal also asked me to consider a requirement for a permit to remove trees. I
believe there is considerable merit to such a concept, but I feel it could best be
dealt with through a separate regulation tailored along the lines of the attached
Shorewood ordinance, and enacted as an amendment to our Zoning Ordinance.
We have an immediate need for action on an excavating ordinance (lest we lose
more of our streets) and as an ordinance such as that of Shorewood would probably
require considerable study, DNR and watershed district review, and public hearings ,
I recommend that we deal first with the proposed excavating ordinance.
Chanhassen Planning Commission
Page 2
September 22, 1975
This office will be happy to assist in the study and preparation of an ecological
ordinance, but due to budget considerations we cannot undertake this work without
specific authority of the Council.
Very truly yours ,
Russell H. Larson
Chanhassen City Attorney
RHL: m
Enclosures
cc: Planning Commission Members
Barry R. Brooks, City Administrator
Bruce Pankonin, City Planner
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE PROHIBITING THE EXCAVATION AND GRADING OF THE EARTH AND
THE OPENING OF PITS WITHOUT FIRST OBTAINING A PERMIT THEREFOR, PROVIDING
FOR THE, ISSUANCE OF PERMITS, AND PROVIDING PENALTIES FOR THE VIOLATION
OF THIS ORDINANCE.
THE COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. SHORT TITLE.
This ordinance shall be known as the "Excavating Ordinance of the City of
Chanhassen" , and will be referred to herein as "this ordinance. "
SECTION 2. PURPOSE.
This ordinance is adopted for the purpose of protecting the public health,
safety and general welfare of the City by regulating the excavation and grading of
the earth within the City.
SECTION 3. EXCAVATION PROHIBITED WITHOUT PERMIT.
3.01 Permit Required. No person, firm, or corporation shall hereafter dig,
excavate, or enlarge any open pit or excavation, or change the grade, on any prop-
erty owned or used by him without first making application for'and obtaining from the
City Council a permit therefor.
SECTION 4. ISSUANCE OF PERMIT.
4.01 Application for Permit. An application for an excavating or grading
permit under this ordinance shall be made upon forms furnished by the City. Said
application shall be filed with the City Zoning Administrator and a filing fee of
$ shall be paid to the City at the time of the filing of said application.
The City Zoning Administrator may require the applicant to furnish such additional
information and data as he shall deem reasonably necessary for a complete review
of the proposed work. The City Zoning Administrator may also require the applicant
to deposit with the City Treasurer funds estimated by the City Zoning Administrator
to be sufficient to defray all City expense in processing said application, including,
but without limitation to, City staff administration costs , and engineering, planning ,
legal and soil consultants' fees. Any balance of said deposit remaining after com-
pletion of proceedings on the application shall be refunded to the applicant.
-1-
4. 02 Action by City Council. A permit under this ordinance. for excavating
or grading may be issued to the applicant therefor under such terms and conditions
as may be specified in writing by the City Council provided the applicant has satis-
fied the City Council that the proposed activity will not adversly affect public health,
safety, convenience , general welfare , property values , drainage patterns and water
ponding .
4.03 Public Hearing. Prior to consideration of an application for an
excavating or grading permit under this ordinance, the City Council may direct the
holding of a public hearing by the City Council or City Planning Commission upon
such notice as it deems necessary under the circumstances.
SECTION 5. VIOLATION AND PENALTY.
5.01 Prima Facie Evidence of Violation. Any digging, excavating, grading,
shifting or removal of earth of an amount in excess of cubic yards without first
having obtained such a permit, except as required for the purpose of construction for
which a building permit has been issued, shall be prima facie evidence of a violation
of this ordinance.
5.02 Violation and Penalty. Any person, firm, or corporation who shall
violate any of the provisions of this ordinance or of any permit issued hereunder,
or who shall make any false statement in any document required to be submitted under
the provisions hereof, shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not to exceed $300.00 or by imprisonment not to exceed
90 days. Each day that a violation continues shall constitute a separate offense.
5.03 Right to Revoke Permit. The City Council., acting through its duly
authorized representatives , hereby reserves the right to revoke any permit hereunder
upon a violation of any of the conditions thereof, and upon revocation the continuance
of any work under such permit shall be a violation of this ordinance; and if the City
Council, through its duly authorized representatives, shall order any positive act to
be done to conform the work being done with that authorized by the permit, the same
shall be completed before any further excavating or grading may be permitted and
within days from the making of a notice to do said acts to the person, firm, or
corporation to whom the permit was issued.
5.04 Enforcement and Abatement. Any excavating, grading, digging, shift-
ing or removal of earth in violation of the requirements of this ordinance may be
restrained, enjoined, and abated by any appropriate remedy in any court of competent
jurisdiction.
- 2 -
�l
107
SECTION 6. EFFECTIVE DATE.
This ordinance shall become effective from and after its passage and publica-
tion.
Passed by the Council this
ATTEST:
CITY CLERK -ADMINISTRATOR
day of
Published in Carver County Herald on the
-3-
MAYOR
day of
, 1975.
, 1975.
C ITY OP S HOREWOOD
.. i
ARTICLE IX. ECOLOGICAL PROVISIONS
The name of this Village aptly describes our community. it is a Village bordering one` I
t e shores of beautiful Lake Minnetonka, Christmas Lake and Lake Virginia, and it as
mcada up of rolling hills, glens and marshes which are primarily in their natural state.
;t is an extremely desirable place to live and work. The preservation of that which
n;;i-ure has given to this area is not only in the interest of the welfare of the citizens i
of this Village, but is I iteral ly,a. necessity if the health of the people is to be protec-
ted from pollution of all kinds. In order to carry out a program of pollution preven
-lion and wanton destruction of these natural assets, the following standards, prohibi- `
,•ion cnd regulations are herewith set forth:
Section 1. Regulations Applicable to Lake Shoreline Property._
1. No structure of any kind shall be built within seventy-five (75) feet of the high
water mark of a meandered lake, except that upon unanimous approval of the
Village Council, the minimum distance may be reduced to fifty (50) feet.
2. Docks and wharves, permanent or floating, shall not be built, used, or occupied
on land located within the R Districts until the principal dwelling is construcfied
on said lot or parcel, or until unanimous approval of the Village Council has
been first obtained to use, build or occupy such dock or wharf.
i
3. The number of docks and wharves per lot or parcel of land in the R Districts shell
be limited to one and the same shall be operated, used and maintained solely for,
he use of the members of the family or families occupying said property upon
which the dock is located provided; however, the dock may be used in accord-
ance with the authority granted through unanimous approval of the Village Coun-
cal in those cases where the dock is located on an easement or strip or parcel of t
land not suitable for construction of a residence or use as a residence.
4. Boathouses shall not be constructed, used or occupied within the R Districts.
5. No boat, barge, boathouse or other floating vessel or structure tied or connected
to a dock or wharf within the Village or anchored within the inner harbor limits
of this Village, as defined by ordinances of this Village, shall be used as a per= r
.„anent, temporary, overnight or seasonable residence.
S. No dock or wharf, permanent or floating structure shall be located or constructed
within five (5) feet of the side lot line of any lot or parcel projected to the inner ,
harbor limits.
7. No dock located within the R Districts shall extend further infc, the water than ,
reasonably necessary to provide docking space for boats and crafts used by the
owner of the dock, and under no ci rcumstance shal I a dock create a safety or
navigational hazard or block any channel or access to the lake from adjoining
lots or parcels..
-39-
Section 2.. Improvements to Property Adjacent to Lakes, Marshes, Streams and Water.
Courses.
1 . Landowners or developers desiring to develop land adjacent to lakes, water'
courses, streams or marshes located within this Village shall first submit a plan
of development to the Village Council which shall set forth proposed provisions
for sediment control, water management, maintenance of landscape features,
and any additional features intended to improve the quality of the environment.
Such a development shall not proceed until the plan has been approved by the
Village Council.
2. No building, filling, excavating, grading, dumping, clearing of trees or vege-
tation shall be permitted on any land within the Village of Shorewood located
within three hundred (300) feet of the shoreline of any lake within this Village,
unless a building permit has first been issued in accordance with the Ordinances
of this Village.
3. No building permit shall be issued to construct any dwelling or structure closer
to the shoreline of any lake than is provided in Section 1, paragraph 1 of this
Article, and such a building permit shall not be issued until the landowner,
developer or builder has first obtained approval from the Village Council of the
proposed development plan. The plan will show the extent of excavation, the
area proposed to be used for the dumping or depositing of any excavated material
in which designated area shall not unduly destroy the natural character of the
land or add to pollution runoff; the plan shall set forth the final use of the ex-
cavated material and designate and locate the number and type of trees and
shrubs proposed to be removed as a result of the proposed construction; provi-
sion for replacement of such trees shall be made in accordance with Section 3,
paragraph 3 of this Article. The plan should include full descriptions of all
grading proposed together with grade changes and final ground cover to be
used, location of retaining wall and steps to be taken to protect existing trees,
shrubs, ground cover and elimination of pollution during construction.
4. In order to maintain needed natural water storage areas, no marsh, slough or
other water storage areas within the Village shall be filled or their natural
state changed, nor shall they be used as dumps, fill sites or otherwise altered
by dredging, or riprapping without specific written approval in the form of a:
permit issued by the Village Council. A similar written permit issued by the
Village Council must be secured by a riparian owner before any change is made
of any kind in the bed, banks, shores of lakes, streams, water courses, or
marshes within this Village.
-40-
5. When it is in the interest of the public, permits shall be granted by the Council
for work, fill, dredging, construction and the like in or adjacent to public
waters or in the beds of public waters when such work is for a public purpose
and in the public interest and being performed or to be performed under the
direction of or for a public body. I
6. No occupancy permit shall be issued for any structure within the Village until
the earth change plan has been fully complied with, including the planting of
the required trees.
Section 3. Earth Change Standards and Tree Foliage Protection Standards
1 . No land within the Village of Shorewood shall be cleared, graded, removed,
transported, disturbed, filled, excavated, added to or changed in any way until .
the owner of the land has obtained from the Village Council approval of an
earth change plan. Such plan shall set forth the proposed changes requested by
the landowner and affirmatively disclosed what, if any, change will be made in
the natural condition of the earth, including loss or change of earth ground
cover, destruction of trees, grade changes, sediment control and the relation of
the proposed earth change and its effect upon streams and water courses and
marshes in the area.
2. The plan shall affirmatively provide for the relocation or replanting of any trees
which are proposed to be removed. The plan shall minimize tree removal,
ground cover change, loss of natural vegetation, fill and grade changes so as to
eliminate potential pollution, erosion and siltation as much as possible.
3. No tree within the Village of Shorewood shall be removed or cut down without
obtaining from the building inspector a permit to so do. A permit shall be
issued only when a tree of a similar type at least one and one-fourth (1-1/4)
inches in diameter is replanted to replace tree destroyed. This provision shall
apply to trees required to be removed as a result of building construction, ex-
cept that where it is not possible or practical to replant trees removed or cut
down, this provision may be waived by the Village Council. The purpose of
this Section is to eliminate indiscriminate destruction of woods and trees within
this Village so as to protect the natural environment as much as possible for the
benefit of the citizens of today and tomorrow.
4. The provision governing destruction of trees, shrubs and bushes shall not be ap-
plicable to public corporate bodies in the performance of their governmental
functions in construction of projects in the public interest and for a public pur-
pose, except that required destruction of trees and shrubs by such governmental
units, including this Village, shall be limited and restricted as much as possible.
-41-
RIISSELL H. LARSON
ATTORNEY AT LAw
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLTS, MINNESOTA 55402
R.USSELL. H. LARSON
CRAIG M. MERTZ
June 25, 1975
Mr. Bruce Pankonin
Chanhassen City Planner
Box 147
Chanhassen, MN 55317
Re: Excavation Ordinance
Dear Bruce,
TELEPHONE
335-9565
As you may recall, the Planning Commission and City Council have requested
the preparation of an ordinance governing excavations in the City, including
gravel pit operations.
As you know, there are many ways to approach the problem, i. e. from the
very technical engineering oriented ordinance to the relatively simple regulation.
I am inclined to favor the latter such as employed by Deephaveni.
Enclosed are materials from the League, as well as ordinances from a number
of cities, including the Deephaven ordinance. Rattier than going to the legal
expense of drafting an ordinance from scratch, I suggest that you and the
Planning Commission sift through these materials and then furnish me with a
detailed outline of what is desired in an ordinance. I can pick it up from there.
Very truly yours,
W-AAF
L' * ,
Russell H. Larson
Chanhassen City Attorney
RHL:m
Encls .
* EGAL N&iCIE
4. Shorewood grants to Excelsior,
I its successors and assigns, for the
IV. RATES
1. Charges made for sewer jy_
Ordinance No. 41
pertuu p.ovraeu ur this urduiance,
directly rendered shall be as nt
i ORDINANCW GRANTING THE
the right to use puuuc sweets anu
as possible proportionate to the
'ILLAGE OF EXCELSIOR P&a-
places in Snorewuud for the opera-
of furnishing the same, and may
MISSION TO USE PUBLIC
ton of saw sanitary sewerage sei-
fixed on the basis of water cons,
STREETS AND PLACES IN THE
vice; provided bxcelsior will gtVC'
ed, or by reference to a re -!son P.
VILLAGE OF SHOREWOOD FUR
reasonably notice to the Shorewood
classification of the types (,f
C %NSTRUCTION, MAINTENANCE
Village r:ngmeer prior to the con-
p;
ises to which service is furnis:.
id1) OPERATION OF A 'TRUNK
strumm of sewer lines in any part
i or by reference to the quantity,
SEWER AND SERVICE LINES AND
of Shorewood. The laying of such
lution qualities and difficulty- of .:s-
GATMR. FACILPTIES FOR FUR-
'I lines snail not unduly ntertere v n i
posal of sewage produced, or on r
NISHING SANITARY SEWERAGE
i the established Shorewood planning.
other equitable basis, including, 1, r
SERVICE, SUBJECT TO CERTAIN
I Vlatis and specihcations for all con-
without limitation, any combina,, a
TERMS AND CONDITIONS, PRE-
struction in Shorewood shall be
.
of those referred to above.
S" r_IBING THE RATES TO BE
made available to Shorewood at its
2 In consideration of the Exce
CHARGED THEREFOR
request. Zxcelsior . shall have no
sewage disposal facilities in ; -
WHEREAS. Excelsior owns ,and
.
right to construct or install sewer tense prior to issuance of a c:on-
`
a mun
o operates ici al sews e s stem,
p p g y
and
lines in any part of Shorewood witn-
auim out Lust obtaining a nection permit, Excelsior m �,
g approval ironcharge
users the following.
1�` �
WHEREAS, Excelsior has con-
-cted -with independent School Dis
Shorewood.
5. Excelsior shall not open or dis-
(a) Trunk sewer Investment.
For the trunk sewer - fe
Gelct No. 276, Hennepin and Carver
Counties, to construct a trunk sewer
turb the surtace of any street or
public place for an y purpose without
each residential sewage eqi e
valent, as defined herein, c.,e
line to a school site of said District
tirst navuig obtained a permit so to
two hundred fiftieth of the cyst
in the Township of Chanhassen,
do from the proper Shorewood oi-
of construction of said tru: %
County of Carver, State , of Minne-
ticials. Trunk and service sewer
lines
sewer.
;�
"=77F
sots, and
and other properly
p p y placed in .The
the street
total residential sewage eqR
I
q+ YEAS, said trunk sewer will
and public places, pear-
lent of the trunk sewer is 250.
.f»
pr ':::;rough the Village of Shore-
suant to such permits, shall be lo-
_
cost of construction of said tru,,k
r- uwd a portion of the capacity
-s" . `d trunk sewer and the Excel-
cated in the streets or portion of the
streets and pubhc.places as shall be
sewer shall be certified by the Ex-
celsior Clerk and shall include li
za- '; oral facilities can be made
�
designated by Shorewood.
costs or expenses for labor, constrlr� =-
�
�v. w to residents of Shorewood.
t . h;xcelsior shall, upon completion
lion, or contractor services, mat,=r
FCW, THEREFORE, The Village
l of any work requiring the opening
ials, engineering services, legal
'r.uncil of the Village of Shorewood
of any street. or public place, restore
vices, administrative services at au
I. GE-ERAL PURPOSE
the same, including the paving and
its foundations, to as good condition
other expenses, including expenses
for easements and permits and eaq'
LAMA
I- The purpose of this ordinance
I as formerly, and shall exercise rea-
incidental thereto,
' '_3 permit Excelsior to provide
sonable care to maintain the same;
(b) Plant Capacitt. Inv 31n
_rewood residents with sewage
'57posal fatalities
for one year thereafter in good con-
dition. Said work be
For the capacity .af ::'
through sonnet-
shall performed
celsior disposal facility, ir,
.a to the trunk sewer runningto
with due diligence and, if Excelsior
istence prior to the. issuaz„>?.e
k -.e Independent School District No.
shall fail promptly to perform and
a connection permit, D-cr-W
i, sr'ac?9 site in the Township of
complete the work, to remove all
may charge users t -
%nTsen, County of Carver.
dirt and rubbish, and to put the
Five Hundred Dollars
L E�Xelsior shall be under no obli •
street or public place in good con.
for each residents' l
C_ tion to extend its sewerage system
dition, Shorewood shall have the
equivalent as defined her°e>in
in c` :orewood except, upon its ac.
right to put the street or public
the use to be connected.
ceT.,, .ce of an ordinance providing
p. g
place id
n goocondition at the ex-3. Monthly sewage In
fhnrc n»
nrmsca of F.vrnleinr 1F.....ol�;.,«
.. .. _ charge. 4.
It. FRANCHISE
L _: arewood graxits to Excelsior,
successors and assigns, for a per-
iod of thirty (30) years from and af-
ter acceptance of this ordinance by
Excelsior, subject to the terms here-
in contained, the right to maintain
and oper-nte a sanitary sewerage
collection system and to construct a
tr;.-�ah sewer along public easements
in ::norewood from - Excelsior to the
lr� .pendent School District No. 276
to school site in the Township of
Chanhassen, Carver County, and to
construct service sewer lines to said
trunk sewer, and to establish all
facilities and to do all things which
are reasonably necessary or cus-
r:rary in the accomplishment of
th's objective.
,,.•. Excelsior agrees to manage its
collection system and its plant and
operations in a reasonably efficient
and economical manner.
3. Excelsior shall charge, demand,
collect and receive just and reason-
able rates, charges and compensa•
tion,as hereinafter provided.
shall, upon demand, pay to Shore
wood the cost of such work done for sewage disposal service to S,.
or performed by Shorewood.
wood , residents and the inspec
and maintenance by Excelsior of
7. Ownership andShorewood.
control. The sew
.
facilities, including disposal pli,_�
age disposal system contemplated
herein, including the trunk sewers
and trunk sewers, Excelsior azkv.-
charge the following service charges
and disposal facility, is .and shall
continue to be owned and controlled
commencing from the time of con -
by Excelsior.
nection of each use:
(a) Excelsior rate. An amount
Ill. CONNECTIONS
equivalent to the charge to a
1. Excelsior shall require an ap-
resident of Excelsior, at thi
'placation for a permit by any resi-
same rate charged to such ra=-
dent who desires to connect with the
ident, on the basis of the rt:;r
Excelsior sewer system, and Shore-
dential sewage equivalent .f
wood shall receive a copy.
the use connected.
2. As a condition of granting a con-
(b) Residential sewage ec,.
nection permit, Excelsior may make
valent. The residential se
sewer charge, a charge against the
equivalent of a single fa
owner, lessee, occupant, or all of
residence shall be one unit.
them, and may provide and a cov-
sewage equivalent of any f,.:'I!-
enant for certifying unpaid charges
ity other than a single fa.,:,
to the County Auditor with taxes ag-
residence shall be determincl
ainst the property served for collet-
on the basis of the amount v:
lion as other taxes are collected.
quality of sewage introduc,__
The permit shall indicate in plain
by said facility into the system,
language that unpaid charges may
and shall be agreed upon by
be so certified and collected, and,
Excelsior and Shorewood befo.n
may be acknowledged and recorded-
sneh mnnar+inn is w,.ae
(c) Major Repair Losts.
4. Foreign Matter Restrictions. Ex-
sewer has been in place for t ,
Users shall pay the cost
celsior may prohibit introduction of
years, credit shall be allowed for
of major repairs, as defined
dirt, oil, grease, petroleum, combus-
any betterment.
herein, of the trunk sewer to
the Independent School District
table toxic substance, acid, dye,
radioactive substance, heavy sub-
3. Responsibility for Claims. Excel -
sior shall indemnify, keep and hold
�— No. 276 school site in Chan-
hassen Township, Carver Coun
stance, sewage of quality exceeding
750 parts per million, five day biolo-
Shorewood free and harmless from
liability on account of injury or dam-
ty; provided that all users of
gical oxygen demand, or any other
age to persons or property grota-
said trunk sewer shall be re-
quired to share in said cost in
substance, harmtul to the treatment
process, to be introduced into any
ing out of the negligence, construc-
tion, maintenance, repair and opera-
proportion to their use or re-
served use in terms of the sew-
part of the sewage system within
ahorewood and connected with the
tion of its property in the event that
suit shall be brought against Shoe -
age equivalent of a single fain-
Exc�isior system. It any such sub-
wood, either independently or' io?nt-
ily residence. stance is introduced into said system
4. Separate Accounts. Excelsior in the Village of Shorewood, Excel-
ly with Excelsior on account the-,:af,
Excelsior, upon notice to it by .5-•4_ore'-
shall keep separate accounts for the sior shall immediately notify Shore-
wood, shall defend Shorewood it any
construction cost of the projects con-
wood in writing specifying the sub-
suit at the cost of Excelsior. : the
templated by this ordinance and stance, the extent thereof, the source
-
event of a final judgment being ob-
�, shall keep all related operating,
thereot, or the probable source there-
tained against Shorewood, either in -
maintenance, administrative, and
of, insofar as the same can be deter-
d dependently or -jointly with Excel -
service charge accounts separate and
mined. Shorewood shall immediately
'sior, Excelsior shall pay such judg-
apart from the Excelsior accounts.
take such steps as may be necessary
ment with all costs and hold Shore -
All accounts shall be maintained ac-
to stop the introduction of such sub-
wood harmless therefrom.
cording to generally accepted gov-
ernmental accounting practices and
stance into the Excelsior System.
a. Noxious Vdor Restrictions. Ex-
4. Condemnation. Nothing h� rein
I
shall include, but not be limited by,
celsior may pronibit introduction of
shall be construed to limit the right
of Shorewood to acquire the p,,ope--
information regarding,, depreciation
any substance to be discharged into
ty of Excelsior under any act U. the
and depreciation reserve accounts
and administrative charges. All ac-
the system in Shorewood which shall
produce or does produce unusual I
legislature now or hereafter, exist -
ing, or under any provisions of law
counting records of the Excelsior
and obnoxious odors and gases with-
now existing or hereafter adopted.
Sewer Department shall be open to
in Excelsior. if any such substance
5. The rights and privileges hereby
Inspection and review by Shorewood,
is introduced into said system in
granted are not exclusive and &ore -
its officers or duly authorized agents,
Shorewood, Excelsior shall immedi-
wood expressly reserves the right to
at any reasonable time. 1
ately notify Shorewood in writing
grant like rights and privileges to
V. SYSTEM REPAIRS
specifying the substance, the extent
other persons or corporations. Shore-
1. a .ajor Repairs. In the event of
thereof, Elie source thereof, or the
wood further reserves the right to
the, necessity of major repairs, or
probable source thereof, insofar as
own and operate its own sewage r7is-
ree.2struction of the trunk sewers or
the same can be determined. Shore-
posal system and facility.
tT- -:sal facility within the Village
wood shall immediately take such '
6. Termination. If Excelsior. sh- h
/ of Excelsior, Excelsior before en-
steps as may be necessary to stopbe in default in, the performance of
gaging upon the project shall notify
the introduction of such substance
any of the material terms an con-
`:- orewood in writing of the neces-
into the Excelsior system.
ditions of this ordinance acd
site therefor, and of the nature and
6. Temporary Interruption. This or-
continue in default for more c
A of the proposed reconstruc.
dinance shall not be deemed breach-
ninety (90) days after receivir
pair, and the proposed time
ed by Excelsior by reason of temp•
tice from Shorewood of such &
forhe
for the performance of the work.
orary reduction in capacity: or in-
Shorewood may, by ordinanc. .(i.
The Engineer for Excelsior shall
terruption in service due to neces-
passed and adopted, termina.:e .ail
prepare all necessary plans and
sary repair.
rights granted under this ordir wLee
specifications in accordance with
7. Excelsior will in no event be un-
to Excelsior. The notice of
he requirements of this agreement.
der obligation to accommodate user Ishall
be in writing and strap E
The plans and specifications shall
flow from Shorewood in excess of
the provisions. of this orc'.,,;
be submitted to Shorewood upon its
the total residential sewage equiv-
the performance of which it is :),: �-
request.
alents of the approved Shorewood
ed that Excelsior is in default. Such
S. Emergency Repairs. In the event
connection permits.
notice shall be served in the n vitr
of injury or damage to the sewage
VI I. OTHER PROVISIONS
provided by the laws of Mint.; ota
system not capable of anticipation,
1. Impossible Performance. To the
I
for the service of a summons Et,,e
or in the event of an emergency re
extent provided in this ordinance,
complaint in a civil action.
sulting in sewage damaging proper-
I
Excelsior shall accept, receive and
7. This ordinance shall be null and
ty, or in the event that continued op
process sewage originating from
void unless Excelsior shall, after the
motion of any facility is in imminent
users in Shorewood under the terms
publication thereof, file with the
peril of causing damage to property,
of this ordinance, and it shall pro-
Shorewood Clerk a certified cc q
or where operation of the facility is
vide, in a good workmanlike man-
a resolution duly adopted ace
interrupted, or is in i*n*ninent peril
ner, the maintenance and other ser-
the same.
of interruption by reason of an emer-
vices as required in this ordinance.
Passed this 17th day of July-
gency breakdown or damage to the
However, the obligation of Excelsior
Lester R. Badger
system, Excelsior may make such
to do so is contingent upon matters
Mayor
repairs as are required without no-
within its jurisdiction and control.
ATTEST:
tice to Shorewood.
Such service shall be deemed impos-
Elsa I. Wiltsey
3. G._ralrs and maintenance defined.
sible of performance in the
Village Clerk
Any replacement or reconstruction I
event of
strikes, unavoidable accidents, acts
(Published in The Minnet,
,of the trunk sewer or any part there-
of God, or other matters beyond the
Record July 25, 1963)
of shall be regarded as major re-
control of Excelsior.
pair. Maintenance includes, but is
2. Relocation of lines. Shorewood
not .limited to, inspection and period-
shall be responsible for the costs of
is Aean out of manholes and trunk
relocation of any sewer lines where
and 'service sewer lines, Excelsior
grade changes are made by Shore -
shall be under no obligation to make
wood for improvement of drainage
notification before performing main-
or improvement of ,traffice condition;
teriance.
provided, however, after the trunk
�l
. INFORMATION SERVICE OF Municipal
Reference Bureau and League of
Minnesota Municipalities, 3300 University
Avenue, S.E., University of Minnesota
Minneapolis, Minnesota 55414
Classification No.
Municipality, r e->1 W1 `�s
Date -7
Sublect
•1 i' The..applicafion for the permit
d ith the Village
required shall be file w
Clerk Administrator. A fee shall ac-'
�f-�p T�
F.41V'�6.��-n
f�
gyp,
__
(�
Notices
;
company each application. Applications
be by the Administrator ,
.Lfi`. CR.,t7ii..)%R �T
,
f�
------ -- ---- -
shall reviewed
and referred tc the Engineer or Attorney
_
'
if deemed necessary. A minimum of
STATE OFMINNESOTA
4.2 Annual Permit Required.
fo,ty-five (45) Jays shall be considered
COUNTY OF RAMSEY
(1) It shall be unlawful for any person,
reasonable for review before the public ,
VILLAGE OF ARDEN HILLS =
•: firm or corporation to remove, store, or
hearing.
ORDINANCE NO W — —L,
: excavate rock, sand, dirt, gravel, clay or
The application and accompanying
AN ORDIi- R THE PUFF E
,other material within the Village of
materials shall provide the following
OF PROMOTING PUBLIC HEALTH,
Arden Hills without obtaining a Special
information. '
'
SAFETY, ORDER CONVENIENCE
Use Permit as provided herein.
5.1 Purpose.: The purpose of the
AND GENERAL WELFARE BY
(2) A permit hereunder will not be
removal, storage or excavation and the
REGULATING THE REMOVAL
- required for Jhe following:
estimated time requires 10 complete the -
DEPOSITION AND PROCESSING OF
(a) The excavation, removal or
operations. '
SAND, GRAVEL, ROCK, SOIL AND
storage of rock, sand, dirt, gravel,
5.2 Existing Conditions. '
OTHER NATURAL EARTH
clay or other material preparatory
(1) Identification: The date; nor -
MATERIALS IN THE VILLAGE OF
to construction of a building thereon
thpoint, map scale; name and address
ARDEN HILLS.
pursuant to a duly -issued building
of: applicant, owner, operator, sur- '
The Council of the Village of Arden
— permit;
veyor, engineer and designer, including
Hills does hereby ordain as follows:
(b) Moving dirt for construction of -
their license numbers and seals; an
SECTIONI.0 SHORTTITLE
roads or to provide forsurtacewater
abstractor's certificate indicating the '
This Ordinance shall be known, cited
drainage as provided on an ap-
names and addresses of property owners i
and referred to as the Arden Hills Ex-
proved plat, or moving dirt for
within 300 feet of the exterior boundary
cavation Ordinance, except as referred
landscaping purposes on a tat
lines of the proposed plat.
to herein, where it shall be known as this
already occupied by a residential
(2) Description: A correct legal
Ordinance.
SECTION2.0 INTENT AND PURPOSE
structure;
(c) Excavation or dirt removal
description of the tract, giving complete
descriptive data by bearings and
This Ordinance is adopted for the
incidental to construction of sewer
distances, made and certified to by a
purpose of:
• ins
;.and waterma, highway con -
struction or other public projects;
licensed land surveyor. The corners of
the tract shall also be located on the
providing for the economical
availability of sand, rock, soil, and
- id) Minor agricultural, con-
nervation items, and sod removal.
se
ground and marked by substantial
of such size and type as
other materials vital to the con-
tinucdofthe Village ofArden
Operations. Persons
- Existing p. ,
conducting
monuments
approved by the Engineer, and be
'
growth
parties, or corporations now
referred and tied to the nearest one,
Hills;
operations for which this Ordinance
quarter (t,;) section corner and shall be -
establishing reasonable and uniform
requires a permit may continue such
shown. Descriptions, reference ties and
limitations, safeguards, and con -
operation but within thirty (30) days of
elevations of all bench marks.
irols in the Village for the ex-
.the effective date of this Ordinance,
(3) Site data: Topographic data with a
traction, deposition and processing
' shall make an application for a permit
contour interval of not more than two (2)
of sand, gravel, rock, soil, and other
hereunder. Failure To do so shall be a
feet and suppt of one (1) foot e
natural earth materials;
violation of this Ordinance. Failure To
extremely flat areas; the datum shall be
areas; t
controlling noise, dust, hazards,
comply shall be grounds for refusal to
of the 5th General Adjustment of 1929. -
effects on adjacent property, and
grant the permit and also grounds for
Watercourses, lakes, marshes, wooded ,
• other factors related to the ex-
; termination of the operation within
areas, rock outcrops, power tran-
fraction, deposition and processing
ninety (90) days after passage of this
sportation poles and line, gas lines,
of natural materials;
Ordinance.
single trees with a diameter of eight (e) '
•
for the restoration of
4.4 Non -Conformance. The Council,
inches or more as measured three (3)
providing
• excavation, mining and land
ter-
after notice given for failure of any
person, party or corporation to comply
feet above the base of the trunk, and
other significant existing features.
' reclamation operations after
mination of such operation thus
with conditions of a permit granted, may
The location, right-of-way width and
making the site compatible with the
proceed to cause such compliance with
names of existing or platted streets or
surroundings and not detrimental to
such requirement and the cost of such
other public ways. Parks and other
th mmunity•
w ork may be taxed against the property
public lands, permanent buildings, and
e co
providing for the control of potential
pollution problems which exist with
extraction, deposition and
processing operations.
?SECTION3.0 DEFINITIONS
1 Unless otherwise indicated herein,
references to the Administrator are to
' the Arden Hills Clerk Administratcr;
references to the Attorney are to the
Village Attorney; to the Board of Ap-
peals, and to the Planning Commission
are to the same as already established
by ordinance; reference to the Council is
10 the Arden Hills Village Council;
reference to the Engineer is to the Arden
Hills Village Engineer.
Unless otherwise indicated, words
used herein shall be considered as used
With their ordinary meaning, but all
definitions contained in the Zoning
Ordinance shall be applicable herein,
t particularly with reference to mining
and soil processing.
Land Reclamation: The deposition of
400 cubic yards or more of earth
materials on a site in such manner as 10
elevate the grade.
SECTION4.0 RULES
4.1 Mining, processing and land
reclamation shall be permitted Only
upon issuance of a special use permit.
Unless specifically provided herein, the
special use permit shall be one within
the meaning of the Zoning Ordinance,
and subject to all of the provisions of the
Zoning Ordinance-.._---- - • '--- �- -
on which the operation is located and -
become a lien thereon, or the Village _
may, at its option, proceed to collect
such costs by an action against the
person, party, or corporation to whom +
such permit has been issued and the
sureties on the bond shall be responsible
for such costs.
4.5 Records. Accurate daily records of
site operations shall be maintained.
These records shall contain information
pertinent to site operation. Intake of
materials in tons or cubic yards shall be
recorded daily in a manner acceptable
to the Village, and shall include the type
of materials deposited, and the name
and address of the source of same. These -
records shall be available at all times for
review and inspection by the Village. II
4.6 Completion. A detailed description F
and plan of a completed land
reclamation or mining site shall be filed
with the Administrator within one (1)
month after approval of the operation as
finally concluded. This description shall
include the general type and location of
deposited materials, the type and
number of lifts, original and final terrain
descriptions. and other pertinent
characteristics of the completed site.
4.7 No Consent. Nothing contained in
this Ordinance shall be deemed to be a
consent, license, or permit to locate,
construct, or maintain a site, facility or
.operation, or to carry on any activity.
"SECTION5.0 APPLICATIONS
structures, easements, section • .e
corporate lines within Ibe site ane
distance 100 feet beyond. '
(4) Geological formations and groufld
water elevations to a depth of at least ten I
(10) feet below proposed excavation and
lowest elevation of the site, mclurJng the
high water table. Such data ,shall -be
obtained by soil borings or oche, ap-
propriate means. `
(5) Cross sections shall be ircludod on
the plan or on separate s,heet-.sholvirg
progressively with time -the original and
proposed elevation of excdvaiiun,
Trenching and fill.
5.3 Operation Plans.
As part ofthe permit application,
plans for the 10110win shall be sub-
mitted indicating how items shall be
established, constructed or provided ter.`
at the site.
(1) Sanitary facilities and shelter shall
be available for site personnel, and for.
maintenance and storage of site
equipment and their locations.
(2) Litter control devices such as
fences. .
(3) Electrical service for operations
and repairs.
(4) Emergency first aid equipment to
provide adequate treatment for ac
cidents, including fire fighting equip-
ment.
(5) A source of water, disposal of
water and re -use of water..
(6) Adequate facilities to insure that
no vehicle desiring entry into the site
may have to wait outside the perimeter
for the site. Travel routes for trucks to
and from the site.
(7) Communication facilities shall be
provided for emergency purposes.
(8) Test results indicating the exact
nature, quantity and source of the
materials to be extracted, stored,
processed or used for fill.
_ (9) Plans for drainage, erosion con
trot, Sedimentation control and dust
control.
5.4 Site Rehabilition.
(1) A comprehensive re -use plan
showing that suitable provision will be
made for the restoration of the area so
that it will not become a health or safeiv
hazard or a nuisance. Such plan shall
include the final elevations and slope
and plan for the return of sub -soil and
top soil. Where the Village deems if
practical and necessary such plan shall
include adjoining related areas where
excavations have previously been made
and remain under the control of the
owner of the land on which the ex-
cavating is to be done or under the
control of the person or party to do the
excavating.
` producing depth must meet the following
requirements:
(a) The depth must be at least ten
(10) feet below the low water mark;
(b) All banks shall be sloped to the
water line at a slope which shall not
be steeper than one and one -halt
(1V21 feet horizontal to one (1) foot
vertical;
(c) All banks shall be sodded or
surfaced with soil of a quality at
least equal to the topsoil of land
areas immediately surrounding and
to a depth of at least three l3) in
ehes; or approved rip rapping,
where appl,caoie.
(d) Such topsoil as required shall
be planted with trees, shrubs.
f legumes, or grasses upon the parts
It of such area where re -vegetation is
possible,
INFORMATION SERVICE OF Municipal
Reference Bureau and League of
Minnesota Municipalities, 3300 University
Avenue, S.E., University of Minnesota
Minneapolis, Minnesota 55414
(3) Excavations nbt made to a water -
producing depth must be graded or
back -filled and shall meet the following , f
requirements:
(a) Such grading or back -filling t
shal I be made with non -noxious, non- r
flammable, non-combustible solids;
(b) The graded or back -filled area
'shall not collect and permit stagnant 1
water to remain therein;
(c) The peaks and depressions of
the area shall be reduced 10 a sur-
face which will result in a gently
rolling topography in substantial
conformity to the land area im ;
mediately surrounding; and which
will minimize erosion due to rain-
fall;
(d) Such graded or back -filled
area shall be sodded or surfaced
with soil of a quality at least equal to
the topsoil of land areas im-
mediately surrounding, and to a
depth of at least three (3) inches;
(e) Such topsoil as required above
shall be planted with trees, shrubs,
legumes or grasses upon the parts of
such area where re -vegetation is
possible.
5.5 Bond. The applicant shall furnish a
bond in an amount to be set by the
Council and naming the Village as
obligee with a corporate surety duly -
licensed in the State of Minnesota. The
condition of such bond shall be that if the
principal fails to obey any of the
requirements or do any of the acts
required by this Ordinance, or for any
reason ceases to operate or abandons the
' site or facility, and The Village if
required to expend any monies or ex
Pend any labor or material to place the
site in the condition required by The
permit or this ordinance, the obligor and
the sureties On its bond shall reimburse
the Village for any and all expenses
incurred therein. The term of the bond
shall be co -extensive with the term of The
permit.
5.6 Insurance. The licensee shall
It furnish certificates of insurance issued
by insurers duly licensed within the
State of Minnesota covering public
liability insurance, including general
liability, automobile liability loading
. and unloading; completed operations
liability, explosion and collapse of un-
derground operations, bodily injury ,
liability in an amount of at least
$250,000.00 for injury or death of any one
person in any one occurrence and bodily
:'injury liability in an amount of at least
r®sY.Os2M.-ea k
ii50,000.00 for injuries or death arising
c frig any one occurrence. Property
damage.liability shall be furnished in file
amount of at least 5500,000.004cr any one
occurrence.
SEL ON6.0 ANNUAL PERMIT
t 6.1 Terms of Permit and Renewal.
Each p..• mit granted hereund,;r shalt
expire on June 30 thereafter unless -1
sooner revoked. Application for renewal
shall be made in writing by April 30 each
year. An application fee for renewal is -
- not required. Application for renewal
shall contain a statement of any changes
in the information submitted in the las: -
approved permit application or renewal. .
Failure to submit such inforr'lation
shall be grounds for revocation ,•r.for ,
not granting renewal of the per! --it. If
there are not changes, it shall be so
stated in the renewal application. Re-
newals may be made by the Admtnis-{
trator, provided the operation is ini
conformance with the ,provisirri,l
under which the permit was granted. (f
the Administrator is of the opinion that '
the operation as conducted is n.,t R`
accordance with the terms of the permit. ;
or that the renewal application indica:(.-.
substantial changes in the operation, tic
renewal application shall be referred 't- ,
' 'he Planning Commission, which shall ;n :
irn make its recommendation to the -
: ±until as to whether or not a riew public
,
_arinp is required-
?,.2 Revocation. A permit may be
revoked in the manner provided in the -
Zoning Ordinance, and action towards i
revocation may be initiated by the
Council at any time in The event it
determines that the continuance of the
permitted use endangers or will en-
danger the health, welfare or safety of
the public.
6.3 Inspections. Routine inspection and
evaluation of sites or facilities shall be
made in such frequency as to insure j
consistent compliance by the sites ;�r
faclities with the provisions of this 0.- `4
dinance. The per . -nit!" shall -ee-
provided with written and documented • .
notice of any deficiencies, reconr
mendatiors for their correction and ir! t 1
date when the corrections shall oe a
complished. The permit*ee shall aliov,
free access to the Administrator, V illag•
Council, or proper reprc�-^ntative of an) :
other governmental age-,c: pt any time !
'for the purpose of mar.aq such in '
spections.
SECTION 7.0 PERFOR7.44VCE
STANDARDS
The holder cf a permit hereunder shall
operate in accordance with the following
regulations:
7.1 Fencing.
(1) Where collections of water_on the
site are one end one half (I?'v) feet or
more in depth and occupy an area -of 700
square fe'l, cr more, all public access to
such collections of water during the
excavation period shall be barred by a
fence or son,e similarly effective barrier
of at least six '6) feet in height:
(2) Where stores steeper than one O-
foot vertical to one and one -hat: (lt;i)
fee- horizontal exist or will exist for a
period of one (1) month or more, public
access *0 such slopes shall be barred by
a fence or some similarly effective
barrier of atleast six (6) feet in height.
7.2 Slope of Excavation. Slope the.
banks, and otherwise properly guard
and keep any c•t or excavation in such
condition as not to be dangerous because
of sliding or caving banks. _
Classification No.
Municipal it}t/7'r�dgn t/i /�S-
Date 4:2
9 mob\ c 0-\` v\
Subject �_�C�,!Rl�k
7.3 Set -back. Eiitraction and
processing shall not he conducted closer
than fifty (50) feet to the boundary of any
area where such operations are fiot In
process. Excavation and processing
shall not be made closer than fifty (50) '
feet to the right-of-way line of any
existing or plaited street, road, or high-
way, except that excavating may be
conducted within such limits in order to
reduce the elevation thereof in con- ;
formity to the existing or platted street,
road, or highway.
7.. Noise. All equipment used for
excavation and reclamation and
processing, shall be constructed,
maintained and operated in such
manner as to eliminate, as far as is
practicable, noises and vibrations which
are injurious or.substantially annoying
to all persons living in the vicinity. The
use of explosives shall require specific
Village approval, upon reasonable
conditions.
7.5 Hours of operation. All aperat;,,r•;.
shall be conducted only between . r-
hours of 7.00 a-m. end 7:00 p.m., except
ir. the case of public emergency such as
•floods or. whenever any reasonable or
necessary repairs to equipment are
.required to be made.
7.6 Dust and Dirt. All equipment shall
be constructed, maintained and
operated in such a manner as to
minimize, as far as is practicable, dust
conditions which are injurious or sub-
stantiail,• annoying to persons living in
toe vicinity. All operations shall meet
the standards of the State Pollution
Control Agency. All access roads on the
site operat-ng to public highways, roads
or streets or to djoining property shall
ne paved, treated or watereo as far as is
practicable, so as To minimize dust
conditions.
7.7 Appearance. All buildings and
structures used for a permitted
operation shall be maintained in such a
manner, as far as is practicable and
according to acceptable industrial
practice, as to asure that such buildings
and structures will not become
dangerously dilapidated. Weeds and any
other unsightly or noxious vegetation
shall be cut or trimm6d as may be
necessary to preserve a reasonably neat
appearance and to prevent seeding on
adjoining property.
Within a period of It.iee (3) months
atler.7h: termination 'of a permitted
rpr: atijr, or within Ihree (3) months
,- •: -,idonmml of "ueh operat,on fair .
.r prrioa of six (c,) months (or wi-Mri
thr"e nonihs Wier c piration of a ;
prrri;ll. all-buildirg:and structures '
i r.crrle �s 'al to uch oa_•r2n liosnal; ne '
a. rr"flyd and remov,d by, a+!.'t at r:ie
tx,�e��s,: of, the op<-ra'ar last o;;c'siing
"i:ch bu(!ding, and stnrc lures, +c opt
that slien huild.rgs an,; structu. Pied
rot I;e r.ismanti•-d aid removeci ;c lo•tq
as they inay fe,:ally b:- user for so ne
other purpose per milted :n 'he zune n
whicr. they are tocateo -
7.3 Lighting. Tie pianne_d )'gbtinci at
the area and of any other equipm'n' er
stru:_tu'c-s that wf1: be installed or wilt
be approved by 'no! V7Ilaee
`-.9 Added Provisicns. Sucn cthar
_�uirer,nts as the V�Ilaga of Arden
itrii-. flown unit: to lime mz,..'y .find
re•:a5a1-p to, th? h:alth, safety anc'-
pre-entiun rf nuibance in the area. _
:E:TIUN=.O AC::-NISTRATICt4`S
6 ! Enfc: ring cliri,�er. This Ord:rance
sM;i• b-, Bum:nis:er•-d and enforced by
an Adminisira;ur xopoinied by the
Viil,.ge Councii.
8.2 Duties of tr= Administrator.
(1) Determine if applications comply
with the terms of this Ordinance.
(2) Conduct inspections of issued
permits to determine compliance with
the terms of the permit.
(3) Maintain permane;a and current
records of this Ordinance, including but
not limited to applications, maps,
variances and appeals.
(4) Receive, file and forward all ap- i
piications to the designated official
bodies.
(5) Swi,it a written report on each
appliratmnn'as to its compliance with
This Crcinance.
(6) Institute in the name of the Village,
any appropriate actions or proceedings
against violators.
6.3 Application Procedure.
(1) Applicant completes the ap-
plication provided by the Village and
submits same along with the documents
required by this Ordinance, to the Ad-
ministrator.
(2) The Administrator determines if
the application and supporting
documents comply with the terms of this
Ordinance.
(3) If the application is in compliance,
it is transmitted to the Planning Com
mission for its consideration at its next
regular scheduled meeting.
(4) The Planning Commissior set and
conducts a public hearing in accordance
with the provisions of the Zoning Or-
dinance for Special Use Permits.
-(5) Following the public hearing, the
Planning Commission shall forward the
application, with its recorrlmendal ions,
to the Council.
(6) In considering applications, the
Council shall consider the advice and
recommendations of the Administrator
and Planning Commission and the effect
of applicant's operation upon the total
environment of the Viilaqe. If the ap-
plication is found to meet the intent and
regulations of this Ordinance, the
Council may instruct the Administrator
to issue a permit-
(7) The Administrator shall then issue
a permit to the applicant upon payment
of the permit fee.._,_._„ _ •.
INFORMATION SERVICE OF Municipal
Reference Bureau and League of
Minnesota Municipalities, 3300 University
Avenue, S.E., University of Minnesota
Minneapolis,
Minnesota 55414
shall be held within a reasonable time
(1) Where the Council and the Plan-)
I
and upon such notice to interested
ning Commission finds that ex-
traordinary and unnecessary hardships'
parties as is provided in the Ordinance
establishing the board. The board shMi ,
may result from strict compliance with I
make its order deciding the matter and
this Ordinance, variances may be
shall serve a copy of such order upon the
granted provided that such variances
appellant or petitioner by mail. Any .•
Will not have The effect of nullifying the
party may. Appear at the hearing in -
f the Comprehensive
intent and purposeMap,
person or by agent or attorney.
Plan, Official Map, Zoning Ordinance or(3)
The Board of Appeals may reverse
this Ordinance.
application fora shall
' (fi
or affirm wholly or partly, or may
modify requirement, decision,
trator s
be filed with the Administrator stating
filed
or determination as in its opinion ought
urination
the exceptional conditions and the
be made the premises and to that
peculiar difficulties claimed.
end shall have all the powers of the
a v
' (3) The request shal I be referred To The
finer from whom the appeal was taken
Planning Commission for study con.
and recommend the issuance of a per-
cerning its effect on the character and
development of adjacent areas. The, '
The reasons for the Board's
decision shall be stated. The decision of
decit.sion
Planning Commission shall make its
such board shall not be final and any
recommendation within sixty (60) days
i
person having an interest affected by
to the Council, if no recommendation is
the Council may ksuch decision shall have the right to
i made within that time,
appeal to the district court.
act without the recommendation.
8.6 Fees.
(4) In considering applications for
(1) The fees for a permit shall be
�. variances, the Council shall consider the
established by the Village Council. The
advice and recommendations of the
Council may review and revise the tee
Planning Commission and the effect of
f
schedule periodically. The' Ad -
the proposed variance upon the health,
ministrator may issue the permit only
safety, and general welfare of the
after the fee, has been paid and a
community existing and anticipated and. _;,
determination has been made that the -
- the effect of the proposed variance. __
application, complies with the terms of
- (5) IT the Council shall determine that
this Ordinance.
. the special conditions applying to the
( Municipal corporations and
land in question are peculiar to such
governmental agencies shall be exempt
property, and do not apply generally; !-
from the fee requirements as prescribed
that the granting of the variance is
by this Ordinance.
necessary; that granting the variance
will not in any way impair health, safety,
8.7 Violations and Penalties.
(1) Violation of this Ordinance shall be
• comfort, morals, or in any other respect
a misdemeanor and upon convicton
be contrary to the intent of this Or-
thereof shall be punishable by a fine of
dinance, and that the granting of such
not to exceed $300.00 and -or im-
variance will not merely serve as a
prisonment for a period not to exceed
' convenience to the applicant, but is
to alleviate demonstrable
nir*ty (90) days For each offense.
• necessary
hardship or difficulty, the Council may
• (2) In the event of a violation or a
threatened violation of this Ordinance,
grant such variances and impose con-
-
the Council, or any member thereof, in
ditions and safeguards therein.
additiontootherremedies,may institute
(6) Variances may be denied by
appropriate actions or proceedings to
' motion of the Council and such motion
restrain, correct, or abate such
shall constitute a finding and deter-
prevent,
violations or Threatened violations and it
mination that the conditions required for
r
is the duty of the Attorney to institute
approval do not exist. No application
for a variance which has been denied
such action.
SECTION9-0EFFECTUATION
wholly or in part shall be re -submitted
9.1 Separability. It is hereby declared
for a periodof six (6) months -from
to be the intention that the several
the date of said order of denial, except
provisions of this Ordinance are
on grounds of new evidence or proof
separable in accordance with the
of change of conditions found to be
following:
valid by the Planning Commission.
(1) If any court of competent
(7) A violation of any condition set
jurisdiction shall adjudge any provision
forth in granting a variance shall be a
of this Ordinance to be invalid, such
- violation of this Ordinance and
judgment shall not affect any other
automatically terminates the variance.
provisions of this Ordinance not
(8) A variance shall become void one
specifically included in said judgment.
(1) year after it was granted unless
(2) If any court of competent jurisd-
made use of.
cition shall adjudge invalid the ap-
8.5 Appeals.
plicationof any portion of this Ordinance
e (1) The Board of Appeals shall act
to a particular structure, site, facility or
upon all questions as they may arise in
operation, such judgment shall not af-
the administration of this Ordinance,
feet the application of said provision -to
and it shall hear and decide appeals
any other standards, facility, br
from and review any. order,
operation not specifically included in
' requirement, decision, or determination
said judgment.
made by an administrative official
9.2 Repeal or Amendment. This Or.
charged with enforcing this Ordinance.
dinance shall supersede the Zoning
Such appeal may be taken by any person -
Ordinance to the extent that this Or -
aggrieved or by any officer, department,
dinance is specifically in conflict with
• board or bureau of a town, municipality,
the Zoning Ordinance. This Ordinance
county, or state.
shall not supersede The provisions oT
(2) Hearings by the Board of Appeals
Ordinance No. 97, relating to sanitary
landfill, since it is not intended that this
'
r)rdinance shall apply to sanitary land-
'
till as defined in Ordinance 97, but,
except with respect to sanitary landfill,
this Ordinance shall supersede Or-
dinance No. 97 wherever there is a
conflict.
9.3 Effective Date. This Ordinance
shall be in force and effect from and
after the date of its passage and
•
publication.
Passed by the Council this 16 day of
December, 1971.
Henry J. Crepeau Jr., Mayor
ATTEST:
- Lorraine Stromquist
Clerk -Administrator
(Bulletin: Dec. 23. 1971)�
Classification No.�
Municipality Ar o(e ti
Date % a1 - — 11. — /
91.0\1% C_
Subject —4lr 5
r
07
INFORMATION SERVICE OF Municipal
Reference Bureau and League of
Minnesota Municipalities, 3300 University
Avenue S.E., University of Minnesota
Minneapolis, Minnesota 55414
�`
NOTICE
b. The rehabilitation of the area 1s de -
signed particularly for those uses Uri -
VILLAGE OF APPLE VALLEY
be permitted after the expiration of chit
t AN ORDINANCE AMENDING
temporary Sand and Gravel Zoning; ,
-ORDINAHCE N0.22 i
OF THE VILLAGE OF APPLE VALLEY, I
District.
C. There are sand and gravel deposits
DAKOTA COUNTY, MINNESOTA
of sufficient quartities and quality
. The Village Council of the Village of AP-
to warrant a sand and gravel operation
ple'Valley, Dakota County, Minnesota, does
on a continuing basis over the area
herebv ordain:
designated Sand and Gravel District.
That the following sections shall be added
d. The rehabilitation of the area is de-'
to Ordinance No. 22 (Zoning Ordinance)
signed so that it will not detract there -
and made a part thereof, and that the i
from or materially alter the develop -
►penalty provisions and all other interre- I
ment anticipated for .adjacent pro--
, laced provisions of said Ordinance No. 22
perties.
shall apply to the Sections so added:
e. Existing uses within the area will not
' SECTION X - Sand and Gravel Zoning
be adversely affected.
District (SG)
f. The area has direct access to streets'
SECTION ]0.1 -Purpose:
or highways of sufficient loading ca-
The Sand and Gravel Zoning District is a
pacity to serve truck traffic generated
temporary zoning district intended for those I
by the sand and gravel operation and
areas where sand and gravel deposits are I
such traffic will not cause undue dam -
to be excavated or mined. Sand and gravel
age to Village or County streets on
operations shall only be permitted in the
highways.
Sand and Gravel district or as a non -con- t
g. The processing and storing or stock-
; forminguseas permitted in Section10.6.
piling of excavated material will be
t The Sand and Gravel District shall be in I
conducted and visually screened in
addition to another permanent zoning dis-
such a manner so as not to create an
trict as designated on the Village Zoning
eyesore, a nuisance or otherwise ad -
Map and the Sand and Gravel District shall
verseh• affect the surrounding area.
only exist for the length of time specified
SECTION 10.4 - Permitted Uses: '
by the Village Council when the District is
In a tc•tnporary Sand and Gravel District
• established.
(SG) no building or land shall be used ex -
SECTION 10.2 -Definitions:
cept for one or more:. of the following rea-
The definitions of words or terns in this
sons:
ordinance shall be as defined in the Village
a. The excavation or mining of Band and;
zoning ordinance and as follows: I
gravel deposits and such buildings and
a. Development Plan: A• plan guiding'
equipment as are customarily inciden-
development of the property to thei
tal thereto.
ultimate land use after the sand and l
SECTION 10.5-Conditional Uses:
gravel operation has ceased. Such :
1. Purpose: Certain uses can be un-
plau shall include but is not limited
suitable in the Sand and Gravel
to; site analysis information, deposit
District because of inherent nui-
analysis, master plan, quantities and
sance characteristics created by
' staging plan.
the. uses of other conditions exist-
b. Excavation: The removal, filling with,.
ing in the district. However, these
or storage of rock, sand, gravel, clay. i
uses, under certain conditions may
black dirt or other like material.
be properly located and developed in
c. Excavation Permit: A Permit to re•
the district.
move• excavate, or store, rock, sand,
2. Criteria: No conditional use shall
dirt, gravel, clay or other like ma-
be granted in the Sand and Gravel
i terial issued by the Village.
District unless the Village Council
' d. Non -conforming Use: A sand and
shall find that those criteria used
gravel operation which existed prior
in establishing the district are met.
to the adoption of this ordinance, and
3. Conditional Uses: If the above con -
which does not conform to this ordi-
ditions are met, Conditional Use
nance. This definition does not include i
permits may be issued for the follow-
i any sand and gravel operation which:
ing reasons:
- did not conform to prior -Village Ordi-:
a. The processing of sand and gra-
nances governing sand and gravel
vel deposits and such buildings
.. operaCuns.
and equipment as are custo-
e. Processing: The crushing. washing,
manly incidental thereto for a
compounding or treating of rock,
time period specified by the Vil-
t
i
sand. gravel or similar material_
]age Council. j
t f. Rehabilitation: To restore the area
b. The permitted and special uses in :
of the sand and gravel operation into
the zoning district over which the
a safe and useful condition and other-
temporary Sand and Gravel Dis-
wise progress in a constructive man-,
trict exists and subject to those
t
Her. I
regulations as stated for that
SECTION 10.3-Criteria:
certain District.
In establishing a Sand and Cravel Zon-'
SECTION 10.6- Performance Sumdards:
ing District the Village Council shall find.
In the temporary Sand and Gravel Dis-
that•
trier tSt;t the followmr. performance stan-
a. The excavation, mining or processing.
dardsshallbe observed:
of sand and gravel deposits will be!
1. Development Plan
conducted oter a limited time and in
An overall development plan shall be
such a manner that the excavation
submitted and approved by the Village
or processing will not adversely affect
Council. Such development plan shall
the existing or anticipated develop-:
indicate:
m.ent for adjacent properties. I
a. Site analysis information such as 1
Classification No. 495
Municipality APPLE VALLEY
Date September 23, 1970
Subject Sand and Gravel Zoning
trees, deptfi of topsoil, adjacent and
on -site buildings and land uses,
flood levels, water courses, ele-
vation and percent slope within and
100 ft. beyond the perimeter of the
site and such other existing in-
formation .necessary to analyze
the site.
b. An analysis of deposit information
and cross -sections indicating the
depth and quantities of existing
sand and gravel deposits.
c. A master plan, drawn accurately
to scale, illustrating the ultimate
land uses projected for the property
(i.e. Streets, building lots, water
bodies and elevations). The master
plan shall be similar in detail to a
preliminary plat and proposed ele-
vations shall be shown as 2' inter-
vals.
d. A plan indicating the operating
pattern and staging or time se-
quence schedple for excavation
and restoration of the site.
e. Such geological and hydrological
data as is necessary to determine
the feasibility of the proposed de-
velopment plan.
2. Depth and Slope
Excavations not made to a water -
producing depth must be graded or
backfriled to meet the following re-
quirements:
a. All banks shall be left with a slope
no greater than 1 ft. vertical to 10
ft. horizontal, except that greater
slope may be permitted in a "de-
velopment plan" if it is in substan-
tial conformity to the immediately
surrounding area. All excavated
areas shall be finally graded in
substantial conformity to the sur-
rounding natural topography.
b. The property shall be so graded that
stagnant water will not be permitted
to collect thereon.
Excavations made to a water -pro-
ducing depth shall meet the follow-
ing requirements except where oth-'.
wise approved as a part of a "de-
velopment plan":
a. The maximum depth shall not be
less than eight(8)feet measured'
at the low water mark;
b. All banks shall be sloped to a
water line at a slope not greater
than 1 ft. vertical to ft. horizon-
tal. All banks shall be so graded
as to mimmuze erosion.
c. Such areas shall be integrated
into the overall drainage plan of
the Village and shall be utilized
as needed by the Village -for
storm water disposal purposes.
3. Minimum Size of Area
No sapd and gravel operation will be
permitted on land of less than 20 acres.
(This limitation shall not apply when
the tract of land is contiguous to an
active sand and gravel operation.
piovided that both tracts are being
operated by the same producer.)
4. Fencing
When any open excavation has a depth
of 20 ft. or more; or a slope of I ft.
vertical to 2 ft. horizontal or steeper,
and is located within 150 ft. of resi-
dentially occupied structures or a pub-
lic road, a fence effectively controlling
access to the area shall be erected by
the sand and gravel operator.
5. Hours of Operation
The maximum hours of operation
in the Sand and Gravel District shall
he 6 A.M. to 6 P.M. Mondav through
Saturday unless other permission is
specially granted by the Village Coun-
cil.
6. Setback to Residential
Production, processing, excavation,
sedimentation ponds and stockpiling
shall not be conducted closer than 300
feet to the boundary of any residential
or multiple dwelling. Nor shall such
operations be.. conducted. closer than 50
feet to the boundary of an adjoining
property line except that excavation
may be conducted within such limits
in order to reduce the elevation thereof
in conforming to the adjoining -pro-
perly.
7. Setback Along Streets
Sand and gravel operations shall not
be conducted closer than 75 feet.to the
,right-of-way line of any existing or
proposed platted street, road or high-
way, except that excavation may be
conducted within such limits in order
to reduce the elevation thereof in con-
forming to a street grade established
by the Village Engineer.
S. Access Roads
The set back area required may in
pan be used for access roads as ap-
proved by the Village Council.
9: Landscaping Setback
The minimum required setback area
must be landscaped and planted in
accordance with a professional land-
scape plan. The landscape plan,
through use of berms, foliage, or fenc-
ing shall provide a solid visual screen.
This site plan must be approved and
filed with the Village. Such areas
where landscaping is required shall
be owned or controlled by an ease-
ment by the sand and gravel operator
during his period of operation.
10. Weed Control
Weeds and other unsightly or noxious
vegetation shall be controlled as
necessary, to preserve the appearance
of the landscaped area. Existing
trees and topsoil along existing public
rights -of -way or proposed public
rights -of -way shall be preserved.
maintained and supplemented for the
depth of the setback.
]I- L.ocationoi'Access
insofar as practicable, all means of
access to a sand and gravel operation
from any street shall be so located and
designed as to avoid the routing of
vehicles from the properly over streets
that primarily serve abutting residen-
tial development.
12. paving Access Roads
All access roads from sand and gravel
operations to any public paged roadway
shall be laved for a distance of at ;
least 75 feet adjacent to the public
roadway to minimize dust conditions.
Said access Toads shall be cleaned as
needed to maintain lowest possible
dust conditions.
13. Dust Centro:
All access roads from Sand and Gravel
operations to any unpaved public
P' �j495
roadway shall be treated to minimize
This Ordinance shall take affect frorri and �'
Apple Valley
dust conditions at least to the extent
the unpaved public roadway is dust
after its passage and publication, according
controlled.
to law.
14. Topsoil
PA-cSED by the Village Council of the Vil-f
_
- --- - - - -
,the
Craded or back filled areas (or banks
loge of Apple Valley, Dakota County, Min-
and measures to control erosion dur-
sary for the, protection of clti.
in the case of excavations made to a
nesota, this 23rd day of September, 1970.
ing and after the work.
zens and the general welfare.
water producing depth) shall be cov-
FREDJ.LARGEN
9. A amp or plat of any proposed pit
I. Review the application with the
ered with topsoil to a minimum depth
Mayor
or excavation to be made showing
Planning Commission for a subse-
of 6 inches, except that no
p greater
ATTEST:
the confines or limits thereof to-
r aquent report
port to the Council where
depth of topsoil or percentage of or.
CURTISE.OLSEN -
gether with the existing or proposed
the excavation may affect existing
panic material shall be requited than•
Clerk
finished elevations based on sea
trees, hills, views, ponds, lakes or
that originally existing on the. pro-
_ _
LEGAL NOTICE
level readings.
h. For sand and gravel excavation the
similar natural terrain features.
SECTION 1.5-Inspections
perty prior to commencement of op-
following additional inforons.mation:
At leas[ once a year, or more often as
eratdsca
15. Landscaping
VILLAGE OF APPLE VALLEY
1. landscape plan for setback areas.
necessary, the Village Administrator shall
Upon replacement of the topsoil,-
AN ORDINANCE PROHIBITING FILLING,
'ATING,
2. location and surface of access
Instruct the staff to inspect all areas where
trees, shrubs, legumes, grasses or
EXCA DIGGING AND
roads
a permit has been issued and re port such
other ground cover shall. be planted
GRADING OF THE EARTH AND THE
3. method of controlling dust
findings to the Villa
tol'tPermit
upon such area In order to avoid ero-
OPENING OF PITS WITHOUT FIRST
4. hours of operation
SECTION 1.6-Duration
slon as far as is practicable. Such
OBTAININGAPERMITTH£REFOR,
5. method of maintaining security
The excavation Permit shall run from
restoration shall be on a continuing
PROVIDING FOR THE ISSUANCE OF
PERMITS AND PENALITIES FOR
on premises
G. method of controlling access to
April 1st through March 31st of the follow -
ing
basis as excavation is completed and
VIOLATION THEREOF,
open excavation
year or for a lesser period of time as
the Village Council may specify when the
no area shall be left unattended for
more than 1 year after excavation is
The Village Council of the Village of
g g
7. method of controlling weeds
permit is issued.
completed.
Apple Valley, Dakota County, Minnesota,
does hereby ordain:
SECTION 1.4 - The Village Council, as
SECTION 1.7-Fee
The
16. Removal of Buildings
SECTION I
a pre -requisite to the granting of a permit,
minimum required annual fee for a
Within a period of 3 months after
EXCAVATION PERMIT REQUIRED
or after a permit has been granted, may re -
permit shall be as follows and no applica-
tion shall be processed or issued until pay -
termination or abandonment of a sand
and gravel operation, all buildings,
• SECTION 1.1 - It shall be unlawful for
quire the applicant or owner of the premises
to
meat of all Fees due and payable or due and
structures and plants incidental to
any person, firm or corporation to remove,
a. Properly fence any pit orexcava[ion.
unpaid based upon this ordinance or pre -
such operation shall be dismantled
store or excavate rock, sand, dirt, gravel,
clay or other like material with the Village
b. Slope the banks, fill, level off ah7
vfous Ordinance No. 5 as amended shall
have been received by the Village.
and removed b and at the ex
y pense of
of Apple Valley or to fill or raise existing
pit or excavation or otherwise place
1. For Commercial Sand and Gravel
the sand and gravel producer last
surface grades, without first obtaining a
t
in such condition aany time so as
Orations:
operating such building, structures
permit from the Village Council.
not to be dangerous because of slid -
slid-
Minimum annual , excavation (cubic
or plants, or the owner of the pro-
SECTION 1.2 - An excavation permit
ing or caving banks; so as to mini-
ydrds) - Class A. 500,000; Initial Fee
perty. If this is not done within a
shall not be required for:
q
mize or stop erosion or dust during or
after excavation.
$1150.00; Annual Fee $750.00
specifi^d time, the Village may con-
a The excavation, removal or storage
c. Properly drain, fill or level' off any
Minimum annual excavation (cubic
tract to complete the above work and
of rock, sand, dirt', , ravelclay or
g y
yards) Class B. to 0,0(10; Initial
charge these costs to producers last
other like material for the purpose of
pit or excavation so as to make the
e
Annual
Fee 5850.00; Annual Feea $500.0.00
operaCng on the property or the owner
the foundation, cellar, or basement of
same safe and healthful as the Coun-
Minimum annual excavation (cubic
of the property.
some immediately pendingcil
may determine.
d. Reimburse the Village for the cost5775.00;
yards) Class C. 250,000 or less; Initial Fee
17: Grading
Upon the completion or abandonment
structure to be erected, built or
placed thereon contemporaneously
of periodic inspections by the Village
Annual Fee 5375.00
2. For all other work
of.said sand and gravel operations
with, or immediately following such
Engineer, Village Building Inspector
R minimvnt $25.00 fee plus such ad-'
p operating the area
the producer last o
excavation, removal or storage.
or other Village employee, for the
ditional charges as the Village Council
or the owner of thepropertywill he
provided that a building
g permit has
purpose of seeing that the terms
under which the has been
may require pursuant to the provisions
responsible for grading to the pro-
t
posed grades, the area of operation. i
beenissued.
b. Such excavation, removal or storage
permit
issued are being complied with.
of Sectionl.4(d).
SECTIOti 1.8 =The Council shall have the
The'.proposed grades will provide for i
of rock, dirt, gravel, sand, clay or
e. Post a surety bond in such form and
right to amend the above schedule by re -
sufficient drainage so that both natural ;
other like material by the State,
sum as the Council may require,
solution from time to time.
and storm rater leaves the property
County or Village authorities in
running to the Village, conditioned
SECTION
at the original or natural drainage
connection with the construction
to pay -the Village the cost and ex-
VIOLATIONS
points except where oiherwise desig-
or maintenance of roads or highways
pense of repairing any highways,
SECTION 2.1 - Any person, firm or cor-
nated by the Village Engineer. if this
or utilities provided such activity
streets, or other public ways within
poration who shall fail to obtain a Permit
Is not done within 5 months, the Vil-
is conducted within said road or
the Village, made necessary by the
as herein required, or who shall fail to com-
lage may contract to complete the
highway right-of-way.
special burden resulting from the
ply with any of the conditions upon which
above work and charge these costs.
C. Curb cuts, utility hook-ups or street
hauling and transporting thereon by
the same is issued or wvho fails to complete
to the :producer last operating on the
openings for which another permit is
the applicant in the removal of
the filling, excavating or grading within the
property or the owner of the property.
required front the Village. Where
rock, dirt, sand, gravel, clay or
time prescribed by the permit, shall be guilty
18. Excavation Permit
another permit is not required or ob-
other like material, the amount of
of violating this ordinance; and may be
No person, firm, corporation or asso-
tained. an excavation permit shall
such cost to he determined by the
enjoined from further work under the per-
cfation shall commence sand and grav-
be required.
Village Council; and conditioned
mit.
el operations within the Village with-
d. Excavation or installation of public
further to comply with all the re-
SECTION 2.2 . The Village Council here -
out first obtaining an excavation per-
utilities upon platted property within
quirements of this ordinance and the
by reserves the right to revoke such permit
mit,
two years after an approved plat
particular permit, and to save the
upon a violation and upon revocation, the
SECTION 10.7- Non -Conforming Uses
has been filed with Dakota County.
Village free and harmless from any
continuance of such work shall he a vioia-
1. Any sand and gravel operation existing ;
Where a plat is pending or more than
and all suits or claims for damages
tion of this ordinance and if the Village
and in compliance with Village ordi-:
two years has lapsed since the filing
resulting from the negligent excava-
Council shall order any positive act to be
Hance;, on the date of the adoption of
of a plat, an•excavation permit shall
Lion, removal or storage of rock,
done to conform -with the work being done
this .;,onshall be considered a
be required.
sand, gravel, dirt, clay or other
with that authorized by the permit, the
non -conforming use until such time as
e. Excavations less than ]00 square
like material within the Village.
same shall be completed before any further
the property is zoned temporary Sand
feet in area or 1 foot in depth.
L Post a surety bond of a minimum
filling, excavating or grading is done and
&Gravel District (SG). -
f. Excavating or grading for agricul-
$500.00 for each acre being exca-
within ten (10) days after mailing a Notice
2. Any sand and gravel operation existing
- tural purposes.
vated at any time, running to the
to do said acts, to the person, firm or cor-
and in compliance with Village or-
SECTION 1.3 - The application for the
Village, conditioned to pay the Vil-
porationtowhom the permitwas issued.
dinances on the date of the adoption
permit shall be made in writing to the Vil-
lage the cost and expense of res-
SECTION 2.3 - Any person, firm or cor-
of this ordinance shall be permitted
lage on such form as the Village may from
toration of an excavated area and ex-
poration who shall violate any of the pro -
to continue subject to the following:
time to time designate, and shall include
pense of grading, providing top soil
visions of this ordinance shall be punished
a. such nonconforming use shall not
such information as may be required by the
and seeding where the applicant or
by a fine of not to exceed $300.00 or be im-
f
1 be permitted to expand its opera-
Village and shall contain among other
owner shall fail to complete an ex-
prisoned for not to exceed ninety (90) days.
a tion beyond the limits of the permit
things:
cavation or restoration within the
Each day that a violation exists shall con -
under which it is presently operat--
a. The correct legal description of the
conditions under which the excava-
stitute a separate offense and be punish-
ing.
premises.
tion permit was issued.
able as such.
b. such non -conforming use shall be
b. The name and address of the appb-
g• Show evidence that such excavation
SECTION 2.4 - This ordinance shall be
immediately subject to the per-
cant and ownerof the land.
is not harmful to the health, safely
in full force and effect from and after its
formance standards of this ordi-
c. The purpose of the removal, storage,
or welfare of the citizens of the
passage and publication according to law.
nance and shall comply with all
excavation or filling.
Village, and such excavation shall
PASSED by the Village Council of the
provisions within 6 months or the
d. The estimated time required to com-
leave the property fit at least an
Village of Apple Valley this 23rd day of
use Shall terminate and the Village
pletethe worh. -
equally suitable condition to that
September.1970.
shall complete the restoration if tt
e. The highway$, streets or other pub-
immediately prior to such excava-
FRED J. LARGEN
is not completed by the developer in
he roadways within the Village upon
tion.
Mayor
accordance with Sections 10.6
or along which the material shall be
h. Comply with such other require-
ATTEST:
(15) and (16).
transported.
menu as the Council shall from
CURTIS E.OLSEN
t
c. an excavation
on permit shall also
f. Method and schedule for restoration
-
time to time deem proper and neces-
Clerk -
- be icquired for all non -conforming
..
uses.
Ordinance r:o. 36
Adopted hay 14, 1963
AA1 ORDINANCE OF THE VILLAGE OF EDEN PRAIR
FENALPIN COUNTY, MIAITESOTA
EXCAVATIODIS . PITS; AND REE'OVAL OF EARTHLY DEF
Section 1. EaMose
Commercial mining, stripping, extracting and excavating activities are now being and
for some time have been conducted in certain places in the Village, in order to remove
from the ground black dirt, sand, gravel and other minerals or substances existing on,
ih or iffider such place. Such acts are inherently accompanied by noise and dust, often
create hazardous conditions, and usually result in lasting disfigurement of the places
where they are carried on, and thus tend to interfere with the existing land uses in
nedrby areas, and to discourage further permanent development of the surrouding prop-
erties, and to impair adequate planning for municipal development, and to dimish the
public health, safety and general welfare. It is therefore desirable to regulate both
existing operations and any further extension of such mining, stripping, extraction,
and excavation operations in the Village, all by means of the power granted to the
Village Council in i;innesota Statutes, Sec. 412.221, Subdivision 23, 24, 29, and 32
to regulate by ordinance public nuisances, noise or other disorder and uses of land
in the Village for various purposes, and to provide for the good order of the Village
and the general welfare of the public.
Section 2. Definitions
Subdivision 1. Village - shall mean the Village of(Aden Prair'-•, Hennepin'County,
I.1innesota.
Subdivision 2. Person - shall mean any individual, partnership, firm, group of
individuals or corporation however constituted.
Subdivision 3. Open Pits or Excavations - shall mean any artificial excavation of
the earth, within the limits of the Village of Eden Prairie, dug, excavated or made by
the removal from the natural surface of the earth if sod, soil, sand, gravel, stone
or other matter, creating a depression or depressions, exceeding in any one place 200
square feet of surface area, the bottom or lowest point of which shall be two feet or
more below, or lower than, the level of the adjoining unexcavated land: in which depres-
sion, pit, or excavation water may fall, gather, collect and remain stagnant, putrid
or polluted; or which depression may be or become dangerous from the standpoint of public
safety or health, or to childred playing therein or thereby; or which depression may
become a public nuisance, or deteriorate the value of adjacent property. Depressions,
pits, or excavations made for the purpose of the foundation, cellar or basement of
some immediately pending superstructure to be erected, built or placed thereon contem-
poraneously with, or immediately following such excavating, and covering,or to cover
such excavated pit or depression when completed, are excepted, if a building permit has
been issued.
Subdivision 4. Impounded waters - shall mean any water kept on public or private
property within said Village in such a manner that more than 500 gallons of water are
above the natural surface of the surrounding ground. The word "watee' or "waters" as
used in the preceeding sentence, shall be deemed to include any and all liquid sub-
stances.
Section 3. Permit Required
Subdivision 1. Yo person shall open, operate or maintain either directly or indirectly
any excavation for the purpose of removing earthly deposits therefrom or permitting or
maintaining impounded waters therein unless such person shall first have applied to and
obtained from the Village Council, in the manner hereinafter provided, a permit author-
izing same; proved, however, that -
(a) Any such excavation now being operated and maintained shall have a period of
forty-five (45) days from and after the date of passage hereof within which to make
application for permit in accordance herewith:
(b) No permit shall be required by any person making any excavation in conjunction
with a building for which he shall have previously applied for and obtained an appro-
priate building permit.
Section 4. Application
Subdivision 1. Application for said permit shall be made in writing to the Village
Council. The application shall set forth the location and plan of removal of earthly
deposits from such proposed excavation. Such application shall also include:
(b) A topographic map of the proposed pit or excavation area to a scale of one inch
equals 100 feet and to a 2 foot contour interval to show the area as it presently exists
and a minimum of one hundred (100) feet of adjacent land on all sides of the proposed
excavation area.
(c) A topographic map drain to a scale of one inch equals 100 feet and with a 2 foot
contour interval satisfactory to the Tillage Engineer showing:
(1) the proposed or planned contours of the land when the gravel removal operations
are completed.
(2) the proposed method of impounding any water used for washing purposes.
(d) A designation of the roads, streets or highways within the Village limits over
which any material removed from the proposed pit or excavation area is to be handled or
carried.
(e) The estimated period of time that pit will be operated.
(f) Applicant shall, as required by the Village Council, post a bond, executed by a
corporate surety company authorized to do business in the State of 11innesota, in such form
and sum as the Village Council shall determine. The amount of the bond to be based on
the Village's estimate of restoring the property to the final grades and finished ele-
vations for the project to the levels established in'the topographic map furnished by
the (gapplicant pursuant to Section 4 herein.
)) File with the Village Clerk a liability insurariCe policy or certificate of such
insurance, issued by an insurance company authorized to db business in the State of
Piinnesota. The policy shall insure the person performing acts described in Section 2
of the ordinance and the Village of 4den Ptia as an insured in the sum of at least
$100,000,00 for injury to one person, and $300,000.00 for one accident, and at least
$50,000.00 property damage or in such other amounts as the council shall determine.
The policy shall be kept in effect until the termination of a permit granted pursuant
to this ordinance.
(h) The true and full name and address of the person applying for permit hereunder;
and,
(i) A permit fee in the sum of $100.00. In the event said application for permit
is denied, such fee shall be returned to applicant.
Section 5. Annual License Fee
Subdivision 1. In addition to the permit fee required as specified in Section 4
(i) herein above, each holder of such permit shall apply to the Village Clerk of the
Village for a renewal permit annually on or. before Janaury lst, commencing in the same
year in which the original permit is issued and pay therefore an annual license fee of
$100.00.
Section 6. Regulations and Re uirements
Subdivision 1. The Village Council as a prerequisite to the granting of said permit,
or after such permit has been granted, may impose such further restrictions and require-
ments as may be reasonable and necessary under the particular circumstances of each
applicant. Such restrictions and requirements may be in agreement form with the applicant
or any other person interested, directly or indirectly, in the issuance of such permit,
and may include amcng other things that;
-2-
40 (a) No excavation or digging shall be made close to any adjoining road or structure
as may endanger the support thereof.
(b) No operations shall be conducted prior to the 7:00 o°clock a. m. nor after
6:00 p. m,, nor any time on Sundays and legal holidays.
(c) All reasonable means shall be employed by applicant to reduce dust, noise and
nuisances.
(d) ?dhere necessary to eliminate unsightly view of the excavation operations, appli-
cant may be required to plant suitable fast growing screening trees.
(e) During; the entire period of operations, all excavations, other than the work-
ing face, shall be sloped on all sides at a maximum ratio of 4 to 1, unless a steeper
slope shall be approved by the Village Engineer,
(f) No manufacturing or processing of any kind shall be permitted on the site at any
time except the crushing of gravel, vrithout first obtaining written approval of the
Village Council.
(g) Applicant shall not dr:_il Dior install any well larger than 10 inches on the
site without first obtaining ap:?rcval from the Village Council 'in writing.
(h) Applicant shall disperse of all waste water used on the site in a manner which
will not adversely affect adjoining property and shall use stilling ponds or other methods
of disposing of the suspended solids in the waste water that are satisfactory to the
Village Engineer.
(i) Upon ceasing operations or leaving any particular excavation or area in the site,
applicant shall regrade same as stated in Section 4 of the Ordinance and in accordance
with final grading plan agreed upon by Village Council and operator or owner of pit
when the original permit was issued or when renewed.
(j) Applicant shall provide adequate access roads to and from the site which shall
be oiled ar:d improved to the extent of maintaining a dust free surface and with proper
sight distances for traffic safety at each point of access.
(k) Applicant shall adhere to all county and village load limits in hauling to and
from the site.
(1) App:li.cant shall fence the pit or excavation area so as to protect the public
against in�;ury by reason of the excavation.
(m) Applicant shall keep any pit, excavation, or impounded waters within the limits
for which the particular permit is granted.
(n) Applicant shall change, alter or modify any excavation or operations therein
deemed by the Village -Council to be unsanitary, dangerous, polluted br 'inimical to the
general welfare of the Villages
(o) Applicant shall provide warning signs and flagmen for proper traffic safety
during periods of heavy traffic to and from or past the site and at such other times
as the Village Council may require.
(p) Applicant shall l-eep area free of noxious weeds.
(q) In the event operations cease, or substantially so, on said site for a period
of more than one year, or in the event substantially all gravel and sand deposits there-
on have been removed, no further operations shall be conducted thereon and the council
may terminate the permit; to operate the pit.
(r) Applicant shall not peL.;rlt any other person, firm., or corporation or combination
thereof to operate said pit, o`hev than hauling to and from the pit, without first
obtaining the written consent of the Village Council and an appropriate acknowledgement
by such others that they will be bound by any agreement in effect and covered by bond:
(s) To assure that the grading plan approved by the Village Council is being followed,
the Village Engineer may make, at the expense of the person or firm operating the pit,
those field measurements the Village Engineer deems necessary to assure that the approv-
ed grading plan is being followed. Such work to be done at the direction of the Village
Council and on an hourly basis at the time charge fixed by the Village Council.
-3-
4 Section 7. Penalty
(a) Withholding of Permits. For failure to comply with the requirements of this
ordinance, the council may withhold or revoke any permit proposed or issued pursuant
to Section 3 of this ordinance.
(b) Violation a nuisance. Any mom, strapping, extracting, or excavating activities
conducted in violation of this ordinance are hereby declared to be a public nuisance,
and may be abated in a civil action for an injunction brought by the Village.
(c) Violatioh a Misdemeanor. Any violation of the ordinance shall constitute a
misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more
than. $1000 Time is not an essential characteristic of any offense under this ordinance,"
and each act performed without complying with all restrictions and requirements of this
otdinance shall constitute a separate offense.
(d) The Village Council may, for failure of any person, firm or corporation to com-
ply with any requirement made of it in writing under the above provisions, as promptly
as same can reasonably be done, proceed to cause such requirement to be complied with,
and the cost of such work shall be taxed against the property where the pit, excavation
or impounded waters are situated; or the Village may at its option proceed to collect
such costs by an action against the person, firm or corporation to whom such permit
has been issued.
Section 8. Invalidity
If any part of this ordinance shall be held invalid, such part shall be deemed sever-
able and invalidity thereof shall not affect the remaining parts hereof.
Section 9. Effect
This ordinance shall take effect upon its adoption and publication according to law.
The foregoing ordinance was duly approved and adopted by the Village Council, Village
of Eden Prairie at a regular meeting thereof on the 14th day of hay, 1963.`
Attest;
(S) - Elmer E. Clark, Clerk
ME
(S) Donald -Rogers, Mayor
INFORMATION 32,RVIC'S of Hunicipal Reference Bureau and League of Minnesota Munici—
palities, 15 University Library Building, Minneapolis 14, 11inn.
Regular library loan material for the loan
period of 30 days, 14hen you have completed
your work or copied portions of interest,
please return.
Subject
LEGAL NNOTICE
BURNSVILLE ORDINANCE
NO. Xv
;AN ORDINANCE PROHIBITING FIT.L-
JING, EXCAVATING, DIGGING AND
.GRADING OF THT: EARTH AND THE
OPENING OF PITS OF EXCAVATED
AREAS WITHOUT FIRST OBTAINING
A PERMIT T11rREFORE. PROVIDING
FOR 171E ISSUANCE OF PERMITS
AND PENALTY FOR VIOLATION
TTIEREOF.
,The Township of Burnsville ordains:
SECTION 1. No person, firm, corpor-
ation or association of persons shall
fill, excavate, dig, or raise or lower the
grade of the surface of the earth nor open
any pits or excavated areas in the earth,
if the foregoing has an area of more
than 100 square feet and a depth of
more than 1 foot, without first obtaining
•a permit therefor as herein provided, ex-
cept that'such a permit shall not be re-
quired for such excavating as is necessary
Classification No
. x P�Iunicipality �� �'� :; ' �•,� �_-' �` fn �'..�%
Date
for construotion of a building for which
a permit has been .issued excepting that
grading or excavation performed for ag-
ricultural purposes.
SECTION 2. No person, firm, corpor-
ation, •or association of persons shall
fill, dig, excavate or grade any portion
of a public street or public grounds
without first obtaining a permit therefor
as herein .provided.
SECTION 3. Any person, firm, corpor-
ation or association of persons desiring
a permit for the opening of any excava-
tion of pit or to excavate, fill, dig, or
grade the surface of the earth, the same
having an area of more than 100 square
feet and depth cf more than 1 foot, or
to fill, 'dig, excavate, or grade any por-
tion of a public street or public grounds,
shall make application therefor to the
Town Board, setting out the name of
the applicant, the general description of
the filling, excavating, or grading to be
covered by the permit, 4he location of
the proposed filling, excavating or grad-
ing, the purpose, area, depth and 'grade
of such filling, excavating, or grading,
the estimated quantity of materials to
be added to or removed from the prem-
ises, the route of dravel in the township
upon which the hauling will take place,
the time that work will begin and the
time of anticipated completion, and such
other information the Town Board may
require Each such application shall be
accompanied by a permit fee of Two Dol-
lars 152,001.
SECTION 4. Upon receipt of such ap-
plication, the Town Board shall examine
the same with the purpose in mind of
protecting and preserving the health,
safety and general welfare of the in-
habitants of the township and may grant
::r deny such Permit. The Town Boar,:
may, either as a prerequisite to the
granting of such a permit, or as a con-
dition to the granting of a permit, re-
quire the applicant to do any act or
not to do any net which it may deem
reasonably necessary for the protection
of the health, safety or general wel-
fare of the public or for the protection
of property.
SECTION 5. The Town Board may re-
quire the filing of a surety bond or
cash deposit with the township condition-
ed to pay the township any expense
.the township may have -by reason of.
such filling, excavating, or grading.
SECTION 6. Any person who shall fill,
excavate, or grade any portion of any
street or public grounds, shall restore the
same to substantially the same as ex-
isted prior to the filling, excavating, or
grading and shall maintain said area for
a period of 1 year after such substan-
tial restoration, all without expense to
the township.
SECTION i. Any person who, having
obtained a permit, shall fail to comply
with any of the conditions upon which
the same is issued or fails to complete
the filling, excavating or grading in
the time prescribed in the application
"or permit, or who fails to act in accord-
ance with the work authorized by the
permits shall be guilty of violating this
ordinance.
SECTION S. The Town Board does here-
by reserve the right to revoke any such
permit and upon the Town Board order-
ing the filling, excavating ar grading
'to be discontinued, the continuance of
such work shall be a violation of this
Ordinance and if the Town Board shall
order any positive act to be done to con-
form the work being done with that
authorized by the permit, the same shall
be completed before any further filling,
excavating or grading is done and within
10 days after mailing of a notice to do
said acts to the persons to whom the
permit was issued.
SECTION 9. Any person, firm, corpor-
ation or association of persons who
shall violate any of the provisions of
this Ordinance shall be punished by a
fine of not to exceed One Hundred
Dollars ($100.00) or be imprisoned in
the Couny Jail for not to exceed ninety
Ways. Each ten (101 days of violation
shall constitute a separate offense and
be punishable as such_
SECTION 10. This Ordinance shall be
in full force and effect from and after
its passage and publication according
to law.
Passed by the Town Board of the
Township of Burnsville this ith day
of March 1961.
(Signed) Wallace Day
Chairmar.
Attest:
(Signed) Pat. J. Connelly
Clerk of Burnsville Township