1f. Zoning Pertaining of Mining and Earth Work ,b 14. I
i C ITYOF
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM Endorsed— y b 6 lnt
I I tiodiDed.
TO: Don Ashworth, City Manager � � 6 - i 4 - g
- I Date Submitted to Commfsstod
FROM: Paul Krauss, Planning Director
Date Subr tted to Council
1 DATE: May 13, 1992 ,c` i R
SUBJ: Proposed Ordinance Amendment Pertaining to Modifications to the
1 Mining, Earthwork and Zoning Codes, First Reading
yi.
In 1990, the city adopted an extensive revision to the ordinance dealing with all aspects
I of mining and grading activity. In general, these regulations have worked well and are
involved in the ongoing litigation and review of :the Moon Valley Gravel operation. We
have also used the ordinance extensively to review three or four other major grading or
1 mining operations. Perhaps the biggest impact to the ordinance was the additional
regulatory authority and standards that were provided for the hundreds of smaller scaled
grading operations that occur throughout the community. The ordinance regulates all
1 activities that move more than 50 yards so that even significant regrading of a back yard
that may for example impact area drainage patterns, is now subject to a permit.
1 While the ordinance has proven generally to be successful, we have found that it needs
correction in one area. Under current language in the ordinance, the city's ability to
I allow grading and regulate same in many zoning districts is in question. We have come .
to the realization that under current ordinance language, any time more than 50 cubic
yards of earth is moved, it is technically in violation of the code unless it occurs in the
I agricultural districts where grading and mining activity is specifically allowed. This was
not the intention of the ordinance, nor is it the way in which we have been administering
it over the past two years. Rather its intent was that mining activities be restricted to the
I agricultural districts, but that grading is a normal occurrence in a developed or
developing community and that this should be allowed. Grading and altering between
50 and 1000 cubic yards is processed administratively, for over 1000 cubic yards, an
I excavation permit or interim use permit is required. The City Attorney has prepared
modifications to the code that correct this omission. He is also proposing to eliminate a
section of the code that is redundant since the adoption of our new grading standards
1 two years ago.
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�a PRINTED ON RECYCLED PAPER
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1 Don Ashworth
May 13, 1992
1 Page 2
1 The proposed amendments are fairly straight forward but would have a significant
benefit on supporting existing administrative procedures on processing grading permits as
well as the flexibility to grade sites in an acceptable manner located anywhere in the
I community; In separate actions, the Planning Commission is being asked to review two
grading permit requests that happen to occur in the IOP and RSF Districts. Staff
believes that both requests are reasonable and meet the standards in the ordinance.
1 However, the correction proposed by the City Attorney is required to be approved
before these actions can be initiated.
1 PLANNING COMMISSION ACTION
The Planning Commission unanimously recommended approval of the ordinance
1 amendment as proposed by staff.
I STAFF RECOMMENDATION
Staff recommends that the City Council approve first reading for an amendment to
I Section 20 -1351 of the Chanhassen City Code and repeal Sections 20 -1352 through 20-
1384.
I ATTACHMENTS
1. Ordinance Amendment.
I 2. Current ordinance.
3. Planning Commission minutes dated May 6, 1992.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 1
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE PERTAINING TO
MINING AND EARTH WORK
1
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20 -1351 of the Chanhassen City Code is
amended to read:
Mineral extraction, if the sand, gravel, black dirt, clay, and 1
other materials is to be sold, is only allowed in zoning
districts where such use is delineated as an allowed use. All II
other earth work is allowed in all zoning districts subject to
the requirements of Chapter 7, Article III of the City Code.
Section 2. Sections 20 -1352 through 20 -1384 of the Chanhassen II
City Code are hereby repealed.
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Section 3. This ordinance shall be effective immediately upon
its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1992. 1
ATTEST: 1
Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1992.) 1
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' § 7 -21 CHANHASSEN CITY CODE
' Sec. 7.21. Certificate of occupancy.
No building or structure of groups R3, R4, M, A, E, I, H, B, or R, division 1 occupancy, shall
be used or occupied, and no change in the existing occupancy classification of a building or
structure or portion thereof shall be made until the building official has issued a certificate of
occupancy thereof.
' (Ord. No. 118, § 1, 1- 22 -90)
Secs. 7.22 -7.29. Reserved.
ARTICLE III. EXCAVATING, MINING, FILLING AND GRADING*
Sec. 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 exca-
vating, 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 -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 -month
period shall be processed in the same manner as an interim use permit. (Ord. No. 128, § 1,
5- 14 -90) -
Sec. 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:
(1) The removal of the natural surface of the earth, whether sod, dirt, soil, sand, gravel,
stone, or other matter, creating a depression.
(2) Any area where the topsoil or overburden has been removed for the purpose of re-
moving earthly deposits or minerals.
(3) Any area that is being used for stockpiling, storage, and processing of sand, gravel,
black dirt, clay, and other minerals.
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Filling or grading: To change the contour of the land.
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' Overburden: Those materials,which lie between the, surface of the earth and material
deposit to be extracted.
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*Cross references — Zoning generally, Ch. 20; landscaping and tree removal, § 20 -1176 et
seq.; mineral extraction, § 20 -1351 et seq.
Supp. No. 3
388
BUILDINGS AND BUILDING REGULATIONS § 7 -34 1
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. (Ord. No. 128, § 1, 5-14-90)
Sec. 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. (Ord.
No. 128, § 1, 5- 14 -90)
Sec. 7.33. Exemptions from permit requirements. 1
The following activities do not require an Earth Work permit:
(1) Excavation for a foundation, cellar, or basement of a building if a building permit has '
been issued.
(2) Grading a lot in conjunction with building if a building permit has been issued. 1
(3) Excavation by the federal, state, county, city, or other government agencies in con-
nection with construction or maintenance of roads, highways, or utilities.
(4) Curb cuts, utility hookups, or street openings for which another permit has been
issued by the City.
(5) Excavation or filling of less than fifty (50) cubic yards in a calendar year. 1
(6) Plowing and tilling for agricultural purposes.
(7) 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. (Ord. No. 128, § 1, 5- 14 -90)
Sec. 7.34. Exempt earth work.
Earth work that is exempt from obtaining a permit pursuant to section 7 -33 shall:
(1) Comply with the city's erosion control standards.
(2) Maintain natural or existing drainage patterns.
(3) Comply with the city's other ordinance requirements including tree preservation and
• 'wetland protection. (Ord. No. 128, § 1, 5 - 14 - 90) '
Supp. No. 3 ,
389
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§ 7 -35 CHANHASSEN CITY CODE
Sec. 7.35. Applications for earth work permits.
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 -month period may be approved administratively.
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 five
hundred (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.
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 dis-
turbed 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 appro-
priate, the following:
Supp. No. 3
390
BUILDINGS AND BUILDING REGULATIONS § 7 -36 '
a. The contour of the land prior to excavation and proposed contours after comple-
tion 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.
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. 1
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(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 subsections (b)(1), (2), (4a), (5), (6), (7),
(8), (12), (13), (16) and (17). (Ord. No. 128, § 1, 5- 14 -90)
Sec. 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 1
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 -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 applica-
tion, 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 public interest. Bonding may be required in an amount sufficient to 1
ensure site restoration should the applicant default. Any applicant aggrieved by a decision
may appeal the determination to the city council. (Ord. No. 128, § 1, 5- 14 -90)
Supp. No. 3
391
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§ 7.37 CHANHASSEN CITY CODE
' Sec. 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. (Ord.
No. 128, § 1, 5- 14 -90)
Sec. 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. (Ord. No. 128, § 1, 5.14 -90)
Sec. 7-39. Issuance of permit imposes no liability on city, relieves permittee of no
' responsibilities.
Neither the issuance of a permit under this article, nor compliance with the conditions
thereof 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 er regulation. (Ord. No. 128, § 1, 5- 14-90)
' Sec. 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 t� the city and deposited in the general'fund. (Ord. No. 128, § 1, 5- 14.90)
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1 Supp. No. 3
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392
BUILDINGS AND BUILDING REGULATIONS § 7 -44
Sec. 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. (Ord. No. 128, § 1, 5- 14 -90)
Sec. 7-42. Setbacks. 111
Mining for the purpose of selling sand, gravel, black dirt, clay, and other minerals shall
not be conducted within:
(1) One hundred (100) feet of an existing street or highway.
(2) Thirty (30) feet of an easement for an existing public utility.
(3) 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. (Ord. No. 128, § 1, 5- 14 -90)
Sec. 7 - 43. Fencing.
During operations permitted under this article, any area where excavation slopes are
steeper than one (1) foot vertical to one and one -half (1 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 -foot -high chain' link fence
meeting Minnesota Department of Transportation standards for right -of -way fencing. An ini-
tial fencing plan must be approved by the c1tycouneil. The city engineer May 'subsequently
authorize changes in the plan to accommodate changing conditions. (Ord. No. 128, § 1, 5- 14 -90)
Sec. 7.44. Appearance and screening. _ _ , • 1
The following standards are required at the site of any operation permitted under this
article: '
(1) Machinery shall be kept in good repair. Abandoned machinery, inoperable equipment
and rubbish shall be removed from the site.
(2) All buildings and equipment that have not been used for a period of one (1) year shall ,
be removed from the site. _
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Supp. No. 3 1
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§ 7 -44 CHANHASSEN CITY CODE
' (3) 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.
' (4) Where practical, stockpiles of overburden and materials shall be used as a part of the
screening for the site.
' (5) 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.
(6) Existing trees 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.
(7) Noxious weeds shall be eradicated. (Ord. No. 128, § 1, 5- 14 -90)
Sec. 7-45. Operations; noise; hours; explosives, dust, water pollution; topsoil preser-
vation.
' The following operating standards shall be observed at the site of any operation permitted
under this article:
(1) 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.
(2) 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.
(3) Operators shall use all practical means to eliminate vibration on adjacent property
from equipment operation.
(4) 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.
(5) Operators shall comply with all city, county, state and federal regulations for the
protection of wetlands.
(6) Operators shall comply with all requirements of the watershed where the property is
' located.
(7) All topsoil shall be retained at the site until complete restoration of the state has been
taken place according to the restoration plan.
Supp. No. 3
394
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BUILDINGS AND BUILDING REGULATIONS § 7 -46 '
(8) 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 im-
possible to prevent dust from migrating off-site, operations shall cease.
(9) To control dust and minimize tracking sand, gravel, and dirt onto public streets,
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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.
(10) 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. (Ord. No. 128, § 1, 5- 14 -90)
Sec. 7.46. Restoration standards.
The following restoration standards shall apply to the site of any operation permitted
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under this article:
(1) The plan must be consistent with the city's comprehensive plan and zoning ordinance. 1
(2) 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.
(3) All banks and slopes shall be left in accordance with the restoration plan submitted
with the permit application.
(4) 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.
(5) 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.
(6) 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
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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. Fin-
ished grades shall also be consistent with the established plan for the property res-
toration.
(7) Provide a landscaping plan illustrating reforestation, ground cover, wetland restora-
tion, and other features. (Ord. No. 128, § 1, 5- 14 -90)
Supp. No. 3 1
395
1 § 7.47 CHANHASSEN CITY CODE
Sec. 7.47. Waiver.
The city council may allow deviation from the standards set forth herein:
1 (1) For operations that existed prior to the enactment of this article when it is not feasible
to comply because of pre - existing conditions.
(2) When because of topographic or other conditions it is not possible to comply.
1 (3) 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. (Ord. No. 128, § 1, 5- 14 -90)
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Supp. No. 3 [The next page is 437]
396
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ZONING § 204355
ARTICLE XXVII. MINERAL EXTRACTION
DIVISION 1. GENERALLY
Sec. 20-1351. Mining as allowed use; compliance generally.
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 [this chapter], all
such uses shall comply with the Chanhassen excavation and mining ordinance, Chapter 7,
Article III, of the Chanhassen City Code.
(Ord. No. 128, § 2, 5- 14 -90)
111
Sec. 20 -1352. Waivers.
The council, at the time of issuance of the extraction permit, may waive or modify any of
the provisions in this article or impose additional requirements if it finds that the plan of
operation or other materials submitted with the application or other factors make appropriate
more suitable measures for standards consistent with the public health, safety and welfare.
(Ord. No. 80, Art. X, § 10- 1 -6(5), 12- 15 -86)
Sec. 20 -1353. Residential lots.
All excavation or grading on residential lots in conjunction with a building permit must
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comply with all provisions of this article other than article II and must receive approval of the
city engineer.
(Ord. No. 80, Art. X, § 1(10- 1- 2(8)), 12- 15 -86)
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Sec. 20 -1354. Location generally.
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Extraction operations shall be conducted within the confines of the excavation site de-
scribed in the extraction permit application.
(Ord. No. 80, Art. X, § 1(10- 1- 6(1)), 12- 15 -86)
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Sec. 20 -1355. Prohibited areas.
Extraction operations shall not be conducted within:
(1) Five (5) feet of the right -of -way of an existing public utility.
(2) Thirty (30) feet of the boundary of an adjoining property which is not being used for
extraction operations.
(3) Twenty -five (25) feet of the right -of -way of a public street or highway.
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(Ord. No. 80, Art. X, § 10(10- 1- 6(2)), 12- 15 -86)
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Supp. No. 3
1271
1 § 20 - 1356 CHANHASSEN CITY CODE
' Sec. 20.1356. Fencing.
During excavation operations, access to any area where collections of water are one and
one -half (11) feet in depth or more or where excavation slopes are steeper than one (1) foot
vertical to one and one -half (11) feet horizontal and any other areas where obvious danger to
the public exists shall be controlled by a fence erected and maintained around the entire site
' or portions thereof. The fence shall be a type specified by the council.
(Ord. No. 80, Art. X, § 1(10- 1- 6(3)), 12- 15-86)
Sec. 20 - 1357. Appearance and screening.
(a) All machinery shall be kept operational.
(b) Abandoned machinery and rubbish shall be promptly removed from the excavation
' site.
(c) Within three (3) months after the termination of excavation operations or within three
' (3) months after the expiration of the extraction permit provided by this article, the applicant
or owner shall dismantle buildings and structures incident to excavation operations and shall
grade the excavation site as well as complete all rehabilitation on the site as provided by the
• rehabilitation plan.
(d) When required, the perimeter of the excavation site shall be planted or otherwise
screened.
(e) Existing tree and ground cover shall be perserved to the maximum extent feasible,
maintained or supplemented by selective cutting, transplanting and replanting of trees,
' shrubs and other ground cover along all setback areas.
(Ord. No. 80, Art. X, § 1(10- 1- 6(4)), 12- 15-86)
111 Sec. 20 - 1358. Noise.
Maximum noise level at the perimeter of the excavation site shall comply with the limits
or standards established by the state pollution control agency and the United States Envi-
ronmental Protection Agency.
(Ord. No. 80, Art. X, § 1(10- 1- 6(5)), 12- 15-86)
' Sec. 20 - 1359. Hours.
All excavation operations shall be conducted between 7:00 a.m. and 7:00 p.m., Monday
through Saturday only. The council may restrict excavation, processing or related operations
on legal holidays if such activities cause noise or other disturbances offensive to adjacent
property owners.
(Ord. No. 80, Art. X, § 1(10-1.6(5)), 12
Sec. 20 - 1360. Explosives.
1 The use and handling of explosives at the excavation site shall be coordinated with the
police department. Blasting shall occur only at hours specified in the extraction permit.
(Ord. No. 80, Art. X, § 1(10- 1- 6(5)), 12- 15-86)
Supp. No. 3
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ZONING § 20 -1361 1
Sec. 20 -1361. Fugitive dust.
Excavation operators shall use all practical means to reduce the amount of fugitive dust
generated by excavation operations. In any event, the amount of dust or other particulate
matter generated by the excavation shall not exceed air pollution standards established by
the state pollution control agency.
(Ord. No. 80, Art. X, § 1(10- 1- 6(5)), 12- 15-86)
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Supp. No. 3
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1 ZONING § 20 -1366
1 Sec. 20- 1362., Water pollution.
Excavation operators shall comply with all applicable state pollution control agency and
' department of natural resources regulations and all applicable United States Environmental
Protection Agency regulations for the protection of water quality. No waste products or
processed residue including untreated wash water shall be deposited in any public waters of
I the state nor in or near wetlands.
(Ord. No. 80, Art. X, § 1(10- 1- 6(5)), 12- 15 -86)
1 Sec. 20 -1363. Topsoil preservation.
' All topsoil shall be retained at the excavation site until the completion of rehabilitation
work in accordance with rehabilitation plan.
(Ord. No. 80, Art. X, § 1(10- 1- 6(5)), 12- 15 -86)
Sec. 20 -1364. Slopes during excavation operations.
During the entire period of operations, all excavations other than the working face, shall
be sloped on sides to a maximum ratio of one (1) foot horizontal to one (1) foot vertical, unless a
steeper slope is approved by the city. Where excavations are adjacent to a public roadway or
' other right -of -way, the excavation shall have a maximum slope of four (4) feet horizontal to
one (1) foot vertical. Slopes adjacent to waterways shall not exceed six (6) feet horizontal to one
(1) foot vertical.
1 (Ord. No. 80, Art. X, § 1(10- 1- 6(5)), 12- 15 -86)
' Sec. 20 -1365. Equipment.
All equipment and machinery shall be operated and maintained in such a manner as to
minimize dust, noise, and vibration. Power drives or power - producing machine shall not be
housed or operated less than one thousand (1,000) feet from a residential use. Access roads
shall be maintained in dust -free condition by surfacing or other treatment as may be specified
' by the city engineer.
(Ord. No. 80, Art. X, § 1(10- 1- 6(5)), 12- 15-86)
1 Sec. 20 -1366. Processing.
Crushing, washing, and refining, or other similar processing may be authorized by the
1 council as an accessory use, provided, however, that such accessory processing shall not be in
conflict with the use regulations of the district in which the operation is located. Processing
shall not be permitted in ft Districts.
1 (Ord. No. 80, Art. X, § 1(10- 1- 6(5)), 12- 15 -86)
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§ 20 -1367 CHANHASSEN CITY CODE ,
Sec. 20-1367. Rehabilitation standards.
(a) Timing. Rehabilitation shall be a continuing process occurring as quickly as possible
after the excavation operation has moved into another part of the excavation site.
(b) Slopes. All banks and slopes shall be rehabilitated in accordance with the rehabilita-
tion plan submitted with the extraction permit application. No rehabilitation slope shall be
steeper than four (4) feet horizontal to one (1) foot vertical, except that steeper slopes may be
permitted in accordance with the rehabilitation plan when the slopes are planned for slope -
related uses including, but not limited to, ski hills and sliding hills.
(c) Surface rehabilitation. All excavation shall be made either to a water producing depth, '
such depth to be not Less than five (5) feet below the low water mark, or shall be graded or
backfilled with nonnoxious, noninflammable and noncombustible solids, to secure that the
excavated area shall not collect and permit to remain therein stagnant water; or that the
surface of such area which is not permanently submerged is graded or backfilled as necessary
so as to reduce the peaks and depressions thereof so as to product a gently running surface
that will minimize erosion due to rainfall and which will be in substantial conformity to the
adjoining land area and four (4) inches of black topsoil shall be placed on all areas, except
beaches, that will remain above water level, and planted with ground cover sufficient to
contain the soil.
(d) Slopes to water bodies. No slope descending to a water body shall exceed one (1) foot
vertical to six (6) feet horizontal. 1
(e) Water bodies. All water areas resulting from excavation shall be rehabilitated as
follows: All standing water bodies shall either be filled with acceptable fill materials at the
end of each excavation construction season or preserved in the discretion of the city, consis-
tent with the public health, safety and welfare.
(Ord. No. 80, Art. X, § 1(10- 1- 6(6)), 12- 15 -86)
Secs. 20 Reserved.
• DIVISION 2. PERMIT
Sec. 20 - 1376. Required. '
(a) It shall be unlawful for any person to remove, store or excavate rock, sand, gravel,
clay, silt or other like material in the city, or to fill or raise the existing surface grades, 1
without receiving an extraction permit for mineral extraction. Such permits may only be
issued in the zoning district when mineral extraction is listed as an interim use.
(b) An extraction permit shall not be required for any of the following:
(1) Excavation for a foundation, cellar or basement of a building if a building permit has
been issued.
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(2) Grading a lot in conjunction with building if building permit has been issued.
Supp. No. 2 ,
1274
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I ZONING § 20 -1377
(3) Excavation by state, county, or city authorities in connection with construction or
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maintenance of roads, highways or utilities.
(4) Curb cuts, utility hookups or street openings for which another permit has been
I issued by the city.
(5) Excavations less than one hundred (100) cubic feet.
I (6) Excavation or grading for agricultural purposes.
(7) Excavation or grading in accordance with a development contract approved under
the city's subdivision ordinance.
1 (8) Excavation or grading on residential lots not in conjunction with a building permit.
(Ord. No. 80, Art. X, § 1(10 -1 -1, 10 -1 -2), 12- 15 -86; Ord. No. 120, § 5, 2- 12 -90)
Sec. 20-1377. Application.
I Application for an extraction permit shall be made in writing in the form specified by the
city. The application shall contain the following information:
(1) The correct legal description of the land upon which excavation is proposed.
1 . (2) The name and address of the applicant, the owner of the land, and the person or
corporation conducting the actual removal operation.
I (3) The names and addresses of all adjacent land owners within five hundred (500) feet.
(4) The purpose of the proposed excavation.
I (5) The estimated time required to complete the proposed excavation and rehabilitation.
(6) The names of the highways, streets or other public roadways within the city upon
which the material shall be transported.
1 (7) Specifications for the following using appropriate maps, photographs and surveys:
a. The physical relationship of the proposed excavation site to the community and
1 existing community development.
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I Supp. No. 2 -
1274.1
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ZONING § 20 -1379 1
b. Site analysis information such as trees, depth of topsoil, adjacent and on -site
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buildings and land uses, flood levels, watercourses, and elevation and percent
slope within one hundred (100) feet beyond the perimeter of the site.
c. The estimated quantity of materials to be excavated. 1
d. The depth of water tables throughout the proposed excavation site.
e. The average thickness of overburden on the proposed excavation site.
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(8) The plan of operation, including processing, if any, the type of resources or materials
to be removed, the nature of the processing and equipment, location of the processing II plant, sources of water, disposal of water, reuse of water, and the use of explosives.
(9) Plans for drainage, wind and water erosion control, sedimentation and dust control,
maintenance of security on the proposed excavation site, control of access to open
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excavation and control of weeds and unsightly vegetation.
(10) A comprehensive rehabilitation plan showing suitable provisions for reclamation and
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rehabilitation of the excavated area to a usable condition compatible with the adja-
cent land such that it will not become a health or safety hazard or a nuisance. Such
plan shall, as a minimum, include anticipated final elevations, slopes and plans for
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the return of subsoil and topsoil. Where the council deems practical and necessary,
such plan shall also include adjoining related areas where excavations have pre-
viously been made which remain under the control of the applicant or the owner of
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the land on which the excavation is proposed.
(Ord. No. 80, Art. X, § 1(10 -1 -3), 12- 15 -86)
Sec. 20 -1378. Public hearing.
Upon receipt of such application, the council shall set the matter for a public hearing 1
following the notice provisions required for a conditional use permit.
(Ord. No. 80, Art. X, § 1(10 -1 -7), 12- 15 -86) ,
Sec. 20 -1379. Issuance.
(a) The council shall evaluate the application for the permit required by this article in I
accordance with the standards and requirements set forth in this chapter.
(b) The council shall issue an extraction permit only upon a finding that the proposed 1
excavation activities will not be dangerous or otherwise detrimental to persons residing or
working in the vicinity thereof, or to the public health, safety, or welfare, and will not impair
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the use, enjoyment, or value of any neighboring property.
(c) The council may attach conditions to protect the public health, safety and welfare, to I
avoid traffic congestion or hazard or to promote conformity of a proposed use with the
character of adjoining property and uses.
(Ord. No. 80, Art. X, § 1(10 -1 -5), 12- 15 -86)
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§ 20 -1380 CHANHASSEN CITY CODE
Sec. 20-1380. Special requirements.
1 The council, as a prerequisite to the issuance of an extraction permit, or after an extrac-
tion permit has been granted, may require the applicant or owner of the premises to:
1 (1) Reimburse the city for the most of periodic inspections for the purpose of determining
that the provisions of the extraction permit and this article are being followed.
(2) Submit to the council a detailed map of the streets on which the material removed
shall be transported (haul roads). The city shall inspect the haul roads proposed to be
used by the applicant or owner and shall recommend to the council necessary upgrad-
ing or repairing of the haul roads prior to their use by the applicant or owner. The
council shall designate the haul roads and shall incorporate the recommendations of
the responsible city officials in the extraction permit issued to the applicant. It shall
' be the responsibility of the applicant or owner to maintain the haul roads in accord-
ance with the provisions set forth in the permit. The city shall periodically inspect
haul roads to ensure compliance with the permit. During the period of or upon
completion of the excavation operations, the applicant or owner shall make any
necessary repairs to the haul roads as recommended by the city. All costs of inspec-
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id for h pragrh hhe lat owner. he us
of tion the haul roads ed shall in t be is a
further ap subject all be to any borne road by at d weight appic n restrior ctions iT m e d
pose
by the city.
(3) Submit annually in writing to the council the estimated quantity of minerals to be
excavated. If the quantity of minerals to be excavated is for any reason likely to
exceed the orginal estimate herein required, the applicant or owner shall notify the
1 council of the change in estimated quantity.
(4) Comply with such other requirements as the council shall from time to time deem
proper and necessary for the protection of its citizens and the general welfare.
(Ord. No. 80, Art. X, § 1(10 -1 -7), 12- 15 -86)
' Sec. 20 -1381. Inspections.
The city may inspect all excavation sites where an extraction permit has been issued. The
' operator or owner of any excavation operation found in violation of the requirements of this
article or its extraction permit shall remedy such violations within the time specified by
written notice from the city.
I (Ord. No. 80, Art. X, § 1(10 -1 -8), 12- 15 -86)
Sec. 20 -1382. Term.
The excavation license shall run from January 1 through December 31 of the same year
or for a lesser period of time as the council may specify at the time of issuance of the extraction
' permit. If the extraction permit is to run for less than a full year, the fee shall be prorated as
determined by the council.
(Ord. No. 80, Art. X, § 1(10 -1 -9), 12- 15 -86)
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ZONING § 20 -1384 1
Sec. 20 -1383. Fee.
(a) The applicant or owner of the premises on which the excavation operation is located
shall annually submit to the council written estimates of:
(1) The total area of the mineral extraction operation (expressed in acres) to be actively
mined during the forthcoming year; and
(2) The total area for which an extraction permit permitting mineral extraction opera- '
tions has been granted (expressed in acres) which will not be actively mined in the
forthcoming year.
(b) The council shall, by resolution, establish an annual per acre permit fee.
(Ord. No. 80, Art. X, § 1(10- 1 -10), 12- 15 -86)
Sec. 20 -1384. Surety bond.
The council shall require the applicant or owner of the premises on which the excavation
operation is located to post a surety bond with a surety acceptable to the city, cash escrow or
letter of credit ( "security ") in an amount determined by the city council, running to the city,
conditioned to pay the city the extraordinary cost and expense of repairing any streets where
such repair work is made necessary by the special burden resulting from hauling and travel,
and removing material from any pit or excavation, and conducting required rehabilitation
and conditioned further to comply with all the requirements of this article and the particular
extraction permit, and to pay any expense the city may incur by reason of doing anything
required to be done by any applicant to whom a permit is issued. The security shall remain in
full force and effect for a minimum period of one (1) year after expiration of the extraction
permit to guarantee the required rehabilitation as well as the other requirements provided in
this article.
(Ord. No. 80, Art. X, § 1(10-1-11), 12- 15 -86)
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Planning Commission Meeting
May 6, 1992 - Page 43
Ahrens: Right, but we're saying that in 1981, we're going to take the
numbers you had in 1981.. That association has Minutes from their meeting
authorizing them to use 4 boats.
' Emmings: You already won Tim. She's just stating her position.
Erhart: I know.
Batzli: Anything else Joan?
Ahrens: And that was their use in 1981 and I think that's what we should
' go with instead of making something up out of the blue.
Erhart: I'm trying to understand this Steve too. This is very confusing.
Batzli: Steve, do you have anything?
Emmings: I think this case is different again because we have a document
here that shows what they were proposing to do. I think it's reasonable.
I think we're running a risk here of getting way too strict and legalistic.
Oh, the picture shows 2 boats, so it's 2 boats. Now in some cases those 2
' boats might be reasonable and for some of the reasons Ladd outlined, that
might be reasonable on this lot but it just, I have a little different
opinion there. I think 4 boats is okay on this lot and that's what I would
I grant. That's all.
Batzli: My sentiment is not that I don't care as much what their intent
was. I think we can regulate and like Tim said, but I at least take the
evidence that they were able to present at it's face value and what they
were telling us so that's why I would give them 3. Other than that, I
agree with the motion. It's the number of boats that's the issue. Okay,
1 this will go onto City Council when?
Aanenson: May 18th.
' Batzli: May 18th so please follow the issue to the City Council. They
will make the final determination. Thank you for coming in.
PUBLIC HEARING:
ZONING.ORDINANCE AMENDMENT TO AMEND CHAPTER 20 OF THE CITY CODE PERTAINING
TO MINING AND EARTH WORK.
Sharmin Al -Jaff presented the staff report on this item. Chairman Batzli
' called the public hearing to order. There was no one present wishing to
speak on this item.
Erhart moved, Emmings seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
1 Batzli: Any discussion? Anyone have any comments? Is there a motion?
Planning Commission Meeting
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May 6, 1992 - Page 44
Erhart moved, Emmings seconded that the Planning Commission recommend to
approve an amendment to Section 20 -1351 of the Chanhassen City code and
repeal Sections 20 -1352 through 20 -1384. All voted in favor and the motiorl
carried unanimously.
PUBLIC HEARING: 1
INTERIM USE PERMIT FOR GRADING /EXCAVATION LOCATED AT LOT 5, VINELAND
ADDITION. FORTIER AND ASSOCIATES.
Public Present:
Name Address 1
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Daryl Fortier 408 Turnpike Road, Golden Valley
Jim & Mary Stassen Peaceful Lane and Pleasant View Road
Sharmin Al -Jaff presented the staff report on this item. Chairman Batzli
called the public hearing to order.
Daryl Fortier: First, I'm Daryl Fortier representing Frank Beddor, Jr. He
is purchasing the property from Mr. Owens. We're in agreement, I'm in
agreement with the staff report. All 16 conditions of 17. The only one I 1
would like to discuss is point number 10 which says there shall be an
emergency overflow swale constructed to the southwesterly portion of the 4
site to drain across Peaceful Lane. This would, for a swale to work as yo
all understand. This allows water to pass over the surface of the ground.
The surface of the ground at that point is controlled by the elevation of
Peaceful Lane which is about 1005. Our 100 year storm is at about 995.5.
For us to get a swale to go up another 5 feet would require us to have
eight 100 year floods. Eight 100 year rains in a row. That is
concurrently before the water would get that high.
Emmings: What's your point?
Daryl Fortier: My point is we don't think that's a viable idea. We think 1
that it's a good idea for lots that work but it won't apply to this lot. I
think a more reasonable way of controlling an overflow situation here is to
provide a second pipe which would be normally set at the 100 year elevation'
such as if the first pipe to outlet the pond ever did become obstructed,
that as the water rose to the 100 year elevation, it would then flood into
this other overflow pipe and allow us a secondary means of draining the
lot. It's just a detail to work out with engineering. ,
Emmings: The engineer is nodding. You've already won.
Daryl Fortier: Okay. That's the sole issue.
Batzli: This is a public hearing. Would anyone else like to make a
comment on this issue?
Mary Stassen: My name is Mary Stassen and Jim and I live at the corner of
Peaceful Lane and Pleasant View Road right across from the construction
work that they'll be doing. Back in last year's meetings when this whole
1