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Home My WebLink About0375 ORDINANCE NO. 375 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7, CHAPTER 4 OF THE LAREVILLE CITY CODE PERTAINING TO EBCAVATIONB AND MINING The City Council of the City of Lakeville ordains as follows: SECTION 1. Title 7, Chapter 4 of the Lakeville City Code is hereby amended in its entirety to read as follows: 7-4-1: PIIRPOSES 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 excavation and mining within the City. 7-4-2: DEFINITIONS. The following words, terms and phrases shall have the following meanings respectively ascribed to them: Mine or Excavation: (a) Mine ar excavation shall mean any excavation made by the removal of the natural surface of the earth, whether sod, dirt, soil, sand, gravel, stone, or other matter, creating a depression or depressions. (b) Mine or excavation shall also mean any area where the topsoil or overburden has been removed for the purpose or mining earthly deposits or minerals, yet the area has remained idle since the topsoil removal. (c) Mine or excavation shall also mean any area that is being used for stockpiling, storage., and processing of sand, gravel, black dirt, clay, and other minerals: Overburden:. Those materials which lie between the surface of the earth and material deposit to be extracted. Rehabilitation: 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 chapter. x04/27/89 ?-4-5: APPLICATIONS FOR PERMITS; PROCEDIIRES, CONTENTS OF APPLICATIONS. A. An application for a mine or excavation permit shall be processed in accordance with the same procedures and requirements specified in the City Code relating to conditional use permits.. B. An application far a mine or excavation permit shall contain: 2. The name and address of the operator and owner of the land; 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 350 feet of the boundary of .the property described above; 4. Specifications of the following, using appropriate maps, photographs and. surveys: a. The physical relationship of the .proposed designated site to the community and existing development. b. Site topography and natural features -including location of watercourses and water bodies; c. The description and quantity of material to be excavated; d. The depth of water tables throughout the area; and 5. The purpose of the operation; 6. The estimated time required to complete the operation; 7. The plan of operation, including processing, nature of the processing and equipment, location of the plate, source of water, disposal of water and reuse of water;. 8. Travel routes to and from the site; 9. The plans for drainage, water erosion control, sedimentation and .dust control. 10. A rehabilitation plan provided for the orderly and continuing rehabilitation of all disturbed land. Such plan shall illustrate, using~photographs, maps and surveys. where appropriate,~the following: -3- 7-4-7: TERMINATION OF PERMIT. A. The material extraction permit may be terminated for violation of this chapter or any conditions of the permit. 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 conduct mineral extraction or excavation after a permit has been terminated. 7-4-8: ANNIIAL PERMITS; RENEWAL; CONDITIONS. A. Request for renewal of an annual 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 chapter for an original application. B. A permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this chapter when such conditions are reasonable and necessary to .ensure compliance with the requirements and purpose of this chapter. 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, require the alteration. of the site design to ensure compliance with the standards, require the provision of a performance bond by the operator to ensure compliance with these regulations-in this article or other similar requirements. ?-4-9: ISSIIANCE OF PERMIT IMPOSES NO LIABILITY ON CITY AND RELIE9ES TSE PERMITTEE OF NO RESPONSIBILITIES ETC. Neither the issuance of a permit under this section, nor compliance with the. conditions thereof or with the provisions of this section 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 section 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 section 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. -5- any other areas where obvious danger to the public exists, shall. be fenced when such a situation has existed or will exist for a period of five (5) working days or longer. The City Engineer shall review such fencing to assure its adequacy. He may waive this requirement or require additional measures based on his judgment and the characteristics of the particulaic instances. As an alternative, the City Engineer may require perimeter fencing of the entire extraction-site. 7-4-14: APPEARANCE AND SCREENING AT THE EBTRACTZON SITE. The following standards are required at the extraction site of any operation permitted under this article: 1. Machinery shall be kept in good repair. 2. .Abandoned machinery, inoperable equipment and rubbish. shall be removed from the site regularly; 3. All buildings and equipment that have not been used for a period of one year shall be removed from the site; 4. 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. 5. Where practical, stockpiles of overburden and materials shall be used to screen the extraction; 6. The perimeter of the site shall be planted or otherwise screened when such is determined by the City Council to be necessary; Existing tree and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transglanting of trees, shrubs, and other ground cover along all setback areas. ?-4-15: .OPERATIONS; NOISE; HOIIRS; EBPLOSIVEB; DIIST; WATER POLLIITION; TOPSOIL PRESERVATION. The following operating standards shall be observed at the extraction site of any operation permitted under this section: 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. -7- 5. No part of the rehabilitation 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. SECTION 2. This ordinance shall become effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Lakeville, this 1st day of May , 1989. CITY O LAKEVILLE By• ane R. Za Mayor ATTEST• By: City Clerk -9- PUBLIC NOTICE ORDINANCE NO. 375 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7, CHAPTER 4 OF THE LAKEVILLE CITY CODE PERTAINING TO EXCAVATIONS AND MINING and materials shall be used to screen the le or extraction; eville 6. The perimeter of the site shall be planted fret y or otherwise screened when such is deter- ; - mined by the City Council to be necessary; 7. Existing tree and ground cover shall be mote preserved to the extent feasible, maintainawn - ed and supplemented by selective cutting, " transplanting of trees, shrubs, and other and zon- ground cover along all setback areas. Ian shall 7-445: OPERATIONS; NOISE; HOURS; EXPLO- SIVES; DUST; WATER POLLUTION; TOPSOIL emit. The PRESERVATION. - o assure—a' e The following operating standards shall be rail gr observed at the extraction site of any opera- thong_ � sting or tion permitted under this section: f eros- f 1. The maximum noise level at the'a�roun- perimeter of the site shall be within the ,1y i sue limits set by the Minnesota Pollution Con- 'Ty ns of trol Agency and the Federal Environmen- tal Protection Agency. 1i.tty Ad - 2. Extraction and hauling operations shall '3h„, Cit- u be performed during only those times 11,ith the established by the City Council as part of She Cit this permit. ; y 3. Operators shall utilize all practical means m to eliminate vibration on adjacent proper- OC ter_ ty from equipment operation. 'eQ a abe pllicable city, county, state and federalg, 4. Operators shall comply with all ap- Pll regulations for the rer otection of water li- q D ea i 1 per- n; ty, including the Minnesota Pollution Con- trol Agency and Federal Environmental 1,�1ie tto E' Protection Agency regulations for the pro- twi1 ny o tection of water quality. No waste products 'w y Min- or process residue shall be deposited in any H C ion lake stream or natural drainage system. All 1q'� waste water shall pass through a sediment 'p1! con - basin before drainage into a stream. '°°held' ;nE 5. All topsoil shall be retained at the site un- �q`�eral )m til complete rehabilitation of the site has '.151 has tr, taken place according to the rehabilitation ala, �do1 plan. ,oq.ON- asn 6. Operators shall use all practical means133Ai to reduce the amount of dust, smoke, and 13 'mit oad )pt r ex- 1 arc fumes caused by the operations. 7-4-16: REHABILITATION STANDARDS. nj2 not old The following rehabilitation standards shall nI O� ayl apply to the site of any operation permitted 'oo'the under this chapter: V ner rnmy; 1. Rehabilitation shall be a continuing 1 ar i d ; operation occurring as quickly as possible 1J; "11)- after the extraction operation has moved 1°lied :-9-01 sufficiently into another part of the extrac- utal3d 111 tion site. pen 10 al 2. All banks and slopes shall be left in ac- go luo�ry ole • cordance with the rehabilitation plan sub- �� SNP mitted with the permit application. ' ao 211,1 3. Slopes, graded areas and backfill areas aoa th shall be surfaced with adequate topsoil to :Ifl y' I secure and hold ground cover. Such ground '� ' Nd cover shall be tended as necessary until it oO rre e G is self -sustained. j.3 �e 9. All water areas resulting from excavation f0 e shall be eliminated upon rehabilitation of 6£7Z tea the site. In unique instances where the City top e Council has reviewed ,.srposals for water 103e bodies at the time of approval of the overall or plan and has determined that such would be no ° appropriate as an open, space or recrea- tional amenity in subsequent reuse of the 1;6. site, water bodies may be permitted. 1 dd 5. No part of the rehabilitation area which is planned for uses other than open space or Isq agriculture shall be at an elevation lower 0 O) than the minimum required for connection to a sanitary or storm sewer. BIZ 6£ SECTION 2. This ordinance shall become ef- DAN oV fective immediately upon its passage and cjaaa '4O publication. gala LID ADOPTED by the City Council of the City MO 'a1EQ of Lakeville, this 1st day of May, 1989. le a41 CITY OF LAKEVILLE 1481•1 By: Duane R. Zaun, Mayor wl 41noS ATTEST: EASY P1es By: Charlene Friedges 1 1aa1 Acting City Clerk ricsaar8 732 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07 and other applicable laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once eskitAreekrfor successive weeks; it was first published on Thursday, the day of U 1 19 , and was thereafter printed and published on every Thursday to and including Thursday, the day of , 19 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: a bcdefghijklmnopgrstuvwxyz BY. 14 TITLE: Secretary Subscribed and sworn to before me on th14 day of U r ( , 19 blis LAs&A c4-6uustA Notary Public 1..4.$ al CAROL J. HAVERLAND NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY My Commission Expires Dec 3, 1989