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Ordinance 128a U • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 128 AN ORDINANCE AMENDING CHAPTER 7 AND CHAPTER 20 OF THE CHANHASSEN CITY CODE PERTAINING TO EXCAVATING, MINING, FILLING, AND GRADING The City Council of the City of Chanhassen ordains as follows: SECTION 1. Chapter 7 of the Chanhassen City Code is hereby amended by adding Article III to read as follows: 7-30: PURPOSES AND INTENT. The purpose of this article is to promote the health, safety and welfare of the community and to establish reasonable uniform limitations, standards, safeguards and controls for excavating, mining, filling, and grading within the City. Excavating, mining, filling, and grading permits for more than fifty (50) cubic yards, but less than one thousand (1,000) cubic yards of material in a twelve (12) month period may be processed administratively. Excavating, mining, filling, and grading of one thousand (1,000) cubic yards of material or more in a twelve (12) month period shall be processed in the same manner as an interim use permit. 7-31: DEFINITIONS. The following words, terms and phrases shall have the following meanings respectively ascribed to them: Earth Work or Work the Earth: Excavating, mining, filling or grading. Excavating or Mining: (a) The removal of the natural surface of the earth, whether sod, dirt, soil, sand, gravel, stone, or other matter, creating a depression. (b) Any area where the topsoil or overburden has been removed for the purpose of removing earthly deposits or minerals. (c) Any area that is being used for stockpiling, storage, and processing of sand, gravel, black dirt, clay, and other minerals. r05/15/90 . land. • Filling or Grading: To change the contour of the Overburden: Those materials which lie between the surface of the earth and material deposit to be extracted. Restoration: To renew land to self-sustaining long- term use which is compatible with continguous land uses, present and future, in accordance with the standards set forth in this article. Topsoil: That portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation. 7-32: PERMIT REQUIRED. Except as otherwise provided in this article, it shall be unlawful for anyone to work the earth without having first obtained a written permit from the City authorizing the same in accordance with this article. Active Earth Work operations that predate this article that do not have a permit shall cease operations or obtain an Earth Work permit within six (6) months after the adoption of this article. Current permit holders shall come into compliance with the terms of this article no later than the renewal date of such permit holder's Earth Work permit. 7-33: EXEMPTIONS FROM PERMIT REQUIREMENTS. The following activities do not require an Earth Work permit: A. Excavation for a foundation, cellar, or basement of a building if a building permit has been issued. B. Grading a lot in conjunction with building if a building permit has been issued. C. Excavation by the federal, state, county, city, or other government agencies in connection with construction or maintenance of roads, highways, or utilities. D. Curb cuts, utility hookups, or street openings for which another permit has been issued by the City. E. Excavation or filling of less than fifty (50) cubic yards in a calendar year. -2- F. Plowing and tilling for agricultural purposes. G. Earth work in accordance with a development contract approved under the City's Subdivision Ordinance. If the development contract requires that a letter of credit or other security be posted, the letter of credit or other security must be posted before any excavation takes place. 7-34: EXEMPT EARTH WORK. Earth work that is exempt from obtaining a permit pursuant to Section 7-33 shall: A. Comply with the City's erosion control standards. B. Maintain natural or existing drainage patterns. C. Comply with the City's other ordinance requirements including tree preservation and wetland protection. 7-35: APPLICATIONS FOR EARTH WORK PERMITS. A. An application for an Earth Work permit shall be processed in accordance with the same procedures specified in the City Code relating to interim use permits except that earth work of more than fifty (50) cubic yards of material but less than • one thousand (1,000) cubic yards of material in a twelve (12) month period may be approved administratively. B. An application for a permit shall contain: 1. The name and address of the operator and owner of the land, together with proof of ownership. If the operator and owner are different, both must sign the application. 2. The correct legal description of the property where the activity is proposed to occur. 3. A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. 4. Specifications of the following, using appropriate maps, photographs and surveys: a. Proposed grading plan. b. Proposed stockpile sites. c. The physical relationship of the proposed designated site to the community and existing development. -3- • d. Site topography and natural features including location of watercourses and water bodies. e. The description and quantity of material to be excavated. f. The depth of water tables throughout the area. g. The location and depth of wells and buried garbage, water, and fill. 5. The purpose of the operation. 6. The estimated time required to complete the operation. 7. Hours and months of operation. 8. A tree survey indicating the location and type of all trees over six (6) inches in caliper. In a heavily wooded area only the boundaries of the tree areas must be indicated on the survey. 9. An end use landscape plan and interim screening plan for the operation period. 10. The plan of operation, including processing, nature of . the processing and equipment, location of the plant, source of water, disposal of water and reuse of water. • 11. Travel routes to and from the site and the number and type of trucks that will be used. 12. Plans for drainage, erosion control, sedimentation and dust control. 13. A restoration plan providing for the orderly and continuing restoration of all disturbed land to a condition equal to or better than that which existed prior to the earth work. Such plan shall illustrate, using photographs, maps and surveys where appropriate, the following: a. The contour of the land prior to excavation and proposed contours after completion of excavation and after completion of restoration. b. Those areas of the site to be used for storage of topsoil and overburden. c. A schedule setting forth the timetable for excavation of land lying within the extraction facility. -4- • d. The grade of all slopes after restoration, based upon proposed land uses, and description of the type and quantity of plantings where revegetation is to be conducted. e. The criteria and standards to be used to achieve final restoration as well as intermittent stabilization. 14. A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. 15. Unless exempt under Minnesota Rules, an environmental assessment worksheet, if required by the City. 16. A wetland alteration permit, if required by the City Code, which shall be processed concurrently with the excavation permit application. 17. Other information required by the City. C. Applicants for Earth Work permits involving less than one thousand (1,000) cubic yards of material must only furnish the information specified in Section 7-35B(1),(2),(4a),(5), • (6) , (7) , (8) , (12) , (13) , (16) , and (17) . 7-36: PROCESSING OF EARTH WORK PERMIT APPLICATIONS. A. Except as otherwise provided herein, the City Council shall review the Earth Work permit application and shall approve the permit if it is in compliance with this article, the City's Zoning Ordinance, and other applicable laws, ordinances, and regulations. B. A permit may be approved subject to conditions necessary to ensure compliance with the requirements and purpose of this article. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind or character of the proposed operation, require the construction of structures, require the staging of extraction over a time period and require the alteration of the site design to ensure compliance with the standards in this article. C. Earth work of more than fifty (50) but less than one thousand (1,000) cubic yards of material in a twelve (12) month period may be approved by the City Staff. The applicant shall submit the fee required by Section 7-39 of the City Code. Upon receipt of a completed application, the City Staff shall review the application within ten (10) working days and shall • notify the applicant of the decision by mail. The City Staff may impose such conditions as may be necessary to protect the -5- • public interest. Bonding may be required in an amount sufficient to ensure site restoration should the applicant default. Any applicant aggrieved by a decision may appeal the determination to the City Council. 7-37: TERMINATION OF PERMIT. A. An Earth Work permit may be terminated for violation of this article or any condition of such permit. No Earth Work permit may be terminated until the City Council has held a public hearing to determine whether such permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The City Council may establish certain conditions, which if not complied with, will result in immediate suspension of operations until the public hearing to consider termination of the permit can be held. B. It shall be unlawful to conduct earth work after a permit has been terminated. 7-38: ANNUAL PERMITS. A. Earth Work permits shall be renewed annually. The purpose of the annual permit is to monitor compliance with the conditions of approval. The City Engineer, after consultation with appropriate City staff, may issue renewal permits upon satisfactory proof of compliance with the issued permit and this article. If the City Engineer denies a renewal permit, the applicant may appeal the decision to the City Council by filing a notice of appeal with the City Clerk within ten (10) days after the City Engineer denies the permit. B. Request for renewal of an Earth Work permit shall be made sixty (60) days prior to the expiration date. If application or renewal is not made within the required time, all operations shall be terminated, and reinstatement of the permit may be granted only upon compliance with the procedures set forth in this article for an original permit. C. An Earth Work permit which is limited in duration cannot be extended by the City Engineer. Extensions must be approved by the City Council. 7-39: ISSUANCE OF PERMIT IMPOSES NO LIABILITY ON CITY AND RELIEVES THE PERMITTEE OF NO RESPONSIBILITIES. Neither the issuance of a permit under this article, nor compliance with the conditions thereof or with the provisions of this article shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under this article serve to • impose any liability on the City, its officers or employees for any injury or damage to persons or property. A permit issued • pursuant to this article does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation. 7-40: FEES. A schedule of fees shall be determined by resolution of the City Council, which may, from time to time, change such schedule. Prior to the issuance or renewal of any permit, such fees shall be paid to the City and deposited in the general fund. 7-41: AGREEMENT; IRREVOCABLE LETTER OF CREDIT. Prior to the issuance of an Earth Work permit, there shall be executed by the operator and landowner and submitted to the City an agreement to construct such required improvements and to comply with such conditions of approval as may have been established by the City Council. The agreement shall run with the land and be recorded against the title to the property. The agreement shall be accompanied by a letter of credit acceptable to the City in the amount of the costs of complying with the agreement as determined by the City Council. The adequacy of the letter of credit shall be reviewed annually by the City. The City Engineer may direct the amount of the letter of credit be increased to reflect inflation or changed conditions. The City may draw against the letter of credit for noncompliance with the • agreement and shall use the proceeds to cure any default. 7-42: SETBACKS. Mining for the purpose of selling sand, gravel, black dirt, clay, and other minerals shall not be conducted within: A. One hundred (100) feet of an existing street or highway. B. Thirty (30) feet of an easement for an existing public utility. C. Three hundred (300) feet of the boundary of an adjoining property not in mining use except that aggregate processing that creates objectionable noise and dust, including but not limited to crushing, must be set back one thousand five hundred (1,500) feet from the boundary of adjoining property not in mining use. 7-43: FENCING. During operations permitted under this article, any area where excavation slopes are steeper than one foot vertical to one and one-half (1-1/2) feet horizontal shall be fenced, unless the City determines that they do not pose a safety hazard. Water storage basins shall also be fenced if the City determines • the basins pose a potential safety hazard. Unless otherwise approved by the City, required fencing shall be a minimum six (6) -7- • foot high chain link fence meeting Minnesota Department of Transportation standards for right-of-way fencing. An initial fencing plan must be approved by the City Council. The City Engineer may subsequently authorize changes in the plan to accommodate changing conditions. 7-44: APPEARANCE AND SCREENING. The following standards are required at the site of any operation permitted under this article: A. Machinery shall be kept in good repair. Abandoned machinery, inoperable equipment and rubbish shall be removed from the site. B. All buildings and equipment that have not been used for a period of one year shall be removed from the site. C. All equipment and temporary structures shall be removed and dismantled not later than ninety (90) days after termination of the extraction operation and expiration of the permit. D. Where practical, stockpiles of overburden and materials shall be used as part of the screening for the site. E. Where the City determines it is appropriate to screen off- site views, the perimeter of the site shall be planted with coniferous trees, bermed, or otherwise screened. Trees shall be at least six (6) feet in height at the time of planting. F. Existing tree and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transplanting of trees, shrubs, and other ground cover along all setback areas. G. Noxious Weeds shall be eradicated. 7-45: OPERATIONS; NOISE; HOURS; EXPLOSIVES; DUST; WATER POLLUTION; TOPSOIL PRESERVATION. The following operating standards shall be observed at the site of any operation permitted under this article: A. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. B. Earth work shall be performed during only those times established by the City Council as part of the permit unless otherwise provided in the permit. Such activity may only take place between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday. Such activity is also prohibited on the • following holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Christmas Eve Day, and Christmas Day. -8- C. Operators shall use all practical means to eliminate vibration on adjacent property from equipment operation. D. Operators shall comply with all applicable city, county, state and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue shall be deposited in any lake stream or natural drainage system. All waste water shall pass through a sediment basin before drainage into a stream. E. Operators shall comply with all City, County, State and Federal regulations for the protection of wetlands. F. Operators shall comply with all requirements of the watershed where the property is located. G. All topsoil shall be retained at the site until complete restoration of the site has taken place according to the restoration plan. H. Operators shall use all practical means to reduce the amount of dust, smoke, and fumes caused by the operations. When atmospheric or other conditions make it impossible to prevent dust from migrating off site, operations shall cease. • I. To control dust and minimize tracking sand, gravel, and dirt onto public streets, internal private roads from a mine to any public roadway shall be paved with asphalt or concrete for a distance of at least three hundred (300) feet to the intersection with a public roadway. All internal roads shall be swept and treated to minimize dust according to a schedule established by the City. The City may approve alternatives to paved internal streets that accomplish the same purpose. J. All haul routes to and from the mine shall be approved by the City and shall only use streets that can safely accommodate the traffic. 7-46: RESTORATION STANDARDS. The following restoration standards shall apply to the site of any operation permitted under this article: A. The plan must be consistent with the City's comprehensive plan and zoning ordinance. B. Restoration shall be a continuing operation occurring as quickly as possible after the extraction operation has moved sufficiently into another part of the extraction site. • C. All banks and slopes shall be left in accordance with the restoration plan submitted with the permit application. D. Slopes, graded areas and backfill areas shall be surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self- sustaining. E. All water areas resulting from excavation shall be eliminated upon restoration of the site. In unique instances where the City Council has reviewed proposals for water bodies at the time of approval of the overall plan and has determined that such would be appropriate as an open space or recreational amenity in subsequent reuse of the site, water bodies may be permitted. F. No part of the restoration area which is planned for uses other than open space or agriculture shall be at an elevation lower than the minimum required for connection to a sanitary or storm sewer. The City may waive this requirement if the site could not reasonably be served by gravity sewer notwithstanding the proposed operation. Finished grades shall also be consistent with the established plan for the property restoration. G. Provide a landscaping plan illustrating reforestation, ground cover, wetland restoration, and other features. 7-47: WAIVER. The City Council may allow deviation from the standards set forth herein: A. For operations that existed prior to the enactment of this ordinance when it is not feasible to comply because of pre- existing conditions. B. When because of topographic or other conditions it is not possible to comply. C. When alternates that accomplish the purpose and intent of the standard set forth in this article are agreed upon by the City and the operator. SECTION 2. Chapter 20 of the Chanhassen City Code is amended by amending Article XXVII in its entirety to read: 20-1351: MINING. Mining is only allowed in the zoning district where such use is delineated as an allowed use. In addition to complying with the requirements of the zoning ordinance, all such uses shall comply with the Chanhassen excavation and mining ordinance, Chapter 7, Article III, of the Chanhassen City Code. -10- r 6 SECTION 3. This ordinance shall become effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Chanhassen, this 14th day of May, 1990. ATTEST: Don Ashworth, City Manager f Donald J. Chifriel, Mayor (Published in the Chanhassen Villager on May 24 , 1990). -11-