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Home My WebLink About0414 s ORDINANCE NO. 414 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7 OF THE LAREVILLE CITY CODE PERTAINING TO FILLING The-City Council of the City of Lakeville ordains as .follows: SECTION 1. Title 7 of the Lakeville City Code is hereby amended by .adding Chapter 11 to read as follows: 7-11-1: PIIRPOSEB AND INTENT. The purpose of this Ordinance is to promote the health, safety and welfare of the community and to establish.. reasonable uniform limitations, .standards, safeguards and controls for filling land within the City. 7-11-2: DEFINITIONS. .The following words, terms and phrases shall have the following meanings respectively ascribed to them': Fill or Filling: To change. the grade of the earth by depositing sand, gravel, stone, or other material on the. earth.. Topsoil: That portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation. 7-11-3: PERMIT REQIIIRED. Except as otherwise provided in this chapter., it shall-be unlawful .fore anyone to fill without having first obtained a written permit from the City. 7-11-4: EXEMPTIONS FROM PERMIT REQUIREMENTS. The following activities do not require a permit .under this chapter: A. Filling a lot in conjunction with building if a building permit has been issued. B. Filling by the federal, state., county,. city, or other governmental agencies in connection with construction or maintenance of roads, highways, or utilities. r06j07/90 6 C. Filling for agricultural purposes:. D. Filling 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 frilling takes place. E. Filling a gardenwith-topsoil. F. Filling up to six-(6) inches of topsoil for purposes of growing. grass or other vegetation. G. Filling next to an existing foundation to improve drainage. -11-5: APPLICATIONS FOR PERMITS;_PROCEDIIRES~ CONTENTS OF APPLICATIONS. A. An application for a filling permit shall contain: 1. The name and address of the applicant and owner of the land;. 2. The correct legal description of the property where the actvty_is proposed to occur; 3. A tree survey indicating the location of all trees over six (6) inches caliper and a plan for protecting and preserving. as many trees as is .feasible.; 4. The type, and quantity of material to be filled; 5. The purpose of filling; 6. The estimated time required to complete filling; T. Plans for drainage and erosion control, sedimentation and dust control; 8. The contour of the .land. prior to filling. and the proposed. contour after filling. ?-11-6: ADMINISTRATIVE APPROVAL. A. The City Building Official shall review the permit application and shall approve the .permit if it is in compliance with .this chapter, the City's Zoning .Ordinance,.. and other applicable laws, .ordinances, .and regulations. If the. Building'.Official denies a permit, the applicant may appeal the decision to the City Council by filing anotce of appeal with the City.'Clerkwithin ten (10) days after the Building Official denies. the permit. -2- L 7-11-7: REVOCATION OF PERMIT. A. The permit may be revoked for violation of .this chapter or any permit conditions. No permit may be terminated until the City Council has held a public hearing to determine whether the 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 fill: after a permit has been terminated. 7-11-8: FEES. A fee schedule shall be determined by resolution of the City Council. 7-11-9: SECURITY. Prior to the issuance of a fill permit the operator shall furnish the City a letter of credit or.cash escrow ("security") to guarantee compliance with this ordinance and the conditions of approval of the permit. The amount of the security shall be set by the City Building Official in an amount .necessary to reimburse the City for costs it may incur if the City is required to take remedial action to bring the filling activity. into compliance. ?-11-10: sTANDARDB. The following standards shall be observed in conjunction with filling: 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. 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,. 3. Operators shall use all practical means.. to reduce the amount of dust, smoke,Nand fumes caused by the operations, 4. Operators shall comply with the City's erosion control practices. -3- s 5. Existing trees and ground cover shall be preserved to he extent feasible. 6. Solid waste, including but not limited to construction debris, may not be used as fill material without. compliance with Dakota County's Solid Waste Management ordinance. 7. .Promptly after filling has been completed the disturbed .area shall be surfaced with adequate topsoil to secure and hold ground cover. Self-sustaining ground cover shall be promptly planted and maintained, weather permitting. SECTION 2. This ordinance shall become effective immediately. upon its passage and publication. ADOPTED by the City Council of the City of Lakeville, this. 4th day of June 1990. CITY OF LAKEVILLE By: ~=-~-t. ~L.r2 Duane R. Zaun, or ATTE T• Charlene Friedges, ~"ity Clerk -4- PUBLIC NOTICE ORDINANCE NO. 414 CITY OF LAKEVII,T.F DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7 OF THE LAKEVILLE CITY CODE PERTAINING TO FILLING The City Council of the City of Lakeville ordains as follows: SECTION 1. Title 7 of the Lakeville City Code is hereby amended by adding Chapter 11 to read as follows: 7-11-1: PURPOSES AND INTENT The purpose of this Ordinance is to promote the health, safety and welfare of the community and to establish reasonable uniform limitations, standards, safeguards and controls for filling land within the City. 7-11-2: DEFINITIONS The folowing words, terms and phrases shall have the following meanings respectively ascribed to them: Fill or Filling: To change the grade of the earth by depositing sand, gravel, stone, or other material on the earth. Topsoil: That portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation. 7-11-& PERMIT REQUIRED Except as otherwise provided in this chapter, it shall be unlawful for anyone to fill without having first obtained a written permit from the City. material to be filled; 5. The purpose of filling; 6. The estimated time required to complete filling; 7. Plans for drainage and erosion control, sedimentation and dust control; 8. The contour of the land prior to filling and the proposed contour after filling. 7-11-6: ADMINISTRATIVE APPROVAL A. The City Building Official shall review the permit appliation and shall approve the permit if it is in compliance with this chapter, the City's Zoning Ordinance, and other applicable laws, ordinances, and regulations. If the Building Official denies a 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 Building Official denies the permit. 7-11-7: REVOCATION OF PERMIT. A. The permit may be revoked for violation of this chapter or any permit conditions. No permit may be terminated until the City Council has held a public 1 hearing to determine whether the permit I shall be terminated, at which time the operator shall be afforded an opportunity 'to contest the termination. The City Council may establish certain conditions • RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $ 5.41 per column inch. (2) Maximum rate allowed by law for the above matter: $4.22 per column inch. (3) Rate actually charged for the above matter: $4.22 per column inch. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qual- ifcations as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Legal Notice: Ordinance No. 414/City of Lakeville which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the llth day of June , 1990; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 18th day of June , 1990. Notary Public FYI Via.;;. LYNj M. TORGERSON Ji r NOTARY FUBLfC - MitDIG'SOTA `' DAKOTA COUNTY .•' My Commission Expires Apr. 12, 1996