Ordinance 060CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 60
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 i ,r grading
permit under this ordinance shall be made upon forms furnished by the Citv. Said
application shall be filed with the City Zoning Administrator and plan r�hecKing artu'
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 Administratoi
may also require the applicant to d =posit with the City Treasurer funds estimateby
the City Zoning Administrator to be sufficient to defray all City expense in pr,.,,ess-
ing sail application , including, but without limitation to, City staff administrati .)n
costs , and engineering, planning, legal and soil consultants' fees. Any balance of
said deposit remaining after completion of proceedings on the application shah b
refunded tg the applicant.
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 satisfied 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 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 150
cubic yards without first having obtained such a permit, shall be
priman 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 agri-
cultural 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 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 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-
i
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 20th day of
ATTES .:
CITY CLERK-ADMINSTRATOR
October 1975.
i
r � t
MAYOR
Published in Carver County Herald on the 23rd day of
- 3 -
October
, 1975.
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO. 60
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 OR-
DINANCE.
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 or-
dinance."
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 ex-
cavation and grading of the earth
within the City.
SECTION -- 3. ---EXCAVATION
PROHIBITED WITHOUT. PER-
MIT..
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 or-
dinance shall be made upon forms
furnished by the City. Said ap-
plication 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 a
hardship or other extenuating
circumstances the City Council in
its discretion may waive or reduce
said fees. The City Zoning Ad-
ministrator may require the ap-
plicant to furnish such additional
information and data as he shall
deem reasonably necessary for a
complete review of the proposed
work. The City Zoning Ad-
ministrator 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
completion of proceedings on the
application shall be refunded to the
applicant.
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 satisfied the City Council that
the proposed activity will not ad-
versely 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 150
cubic yards without first having
obtained such a permit 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
shal I 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
continuanceof 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.
5.04 Enforcement and
Abatement. Any excavating,
grading, digging, shifting 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 publication.
Passed by the Councit this 20 day
of October, 1975.
(s) Al Klinoelhutz
Mayor
ATTEST:
(s) Gerald W. Schlenk
City Clerk -Acting Administrator
(Pub. Carver County Herald on the
23 day of October, 1975.)
class matter in its local post -office. (5) Said newspaper purports to serve the...
of ......... Chaska...............__........._....in. the County of_..C.ar.v.er...............
AFFIDAV_ OF PUBLICATION
6tate ®t Ainneota, (ss
f Carver
Wm. McGarry ............. being duly sworn,
.............................................................
.................................... .. .
says h.e i.s and during all the times herein stated has been the publisher and printer of
Carver C ®unty Herald ....................... and has full
paper known as. .................................I........I....
ge of the facts herein stated as follows: (1) Said newspaper is printed in the English
in newspaper format and in column and sheet form equivalent in printed space to at
square inches. (2) Said newspaper is a weekly and is distributed at least once each
Said newspaper has 50 percent of its news columns devoted to news of local interest
)mmunity which it purports to serve and does not wholly duplicate any other publica-
is not made up entirely of patents, plate matter and advertisements. (4) Said news -
circulated in and near the municipality which it purports to serve, has at least 500
?gularly delivered to paying subscribers, has an average of at least 75 percent of its total
9n currently paid or no more than three months in arrears and has entry as second-
c. i t. y..... ..........
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and it has its known office of issue in the..... Cj t<........_..of.........he`LS.s`1.............
in said county, established and open during its regular business hours for the gathering of
news, saleof advertisements and sale of subscriptions and maintained by publisher of said
newspaper or persons in his employ and subject to his direction and control during all such
regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy
of each issue immediately with the State Historical Society. (7) Said newspaper has complied
with all the foregoing conditions for at least two years preceding the day or dates of publication
mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the
Secretary of State and signed by the publisher of newspaper, and sworn to before a notary
public stating that the newspaper is a legal newspaper.
He further states on oath that the printed Notice of hereto
attached as a part hereof was cut from the columns of said newspaper, and was printed and
published therein in the English language, once each week, for.......... 1 ............ .'successive weex
that it was first so published on..ThUrS.day........ the_ .........3rd..............................day of
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of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in tbe�poia�)on a publicat;on f said notice, to -wit:
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LORRAINE FANO
NOTARY PUB -1C —MINNESOTA
CARVER OUNTY
My Commission Expires June 29,1982.