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HomeMy WebLinkAbout0104 ORDINANCE N0. 104 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE PROHIBITING FILLING, EXCAVATING, DIGGING AND GRADING OF THE EARTH AND THE OPENING OF PITS OR EXCAVATED AREAS WITHOUT FIRST OBTAINING A PERMIT THEREFORE PROVIDING FOR THE ISSUANCE OF PERMITS AND PENALTIES FOR VIOLATION THEREOF. The City Council of the City of Lakeville ordains: Section 1. PERMITS REQUIRED. No person, firm, corporation or association of persons shall fill, excavate, dig or raise or lower the grade of the surface of the earth nor open any pits or excavated areas in the earth if the foregoing has an area of more than 100 feet square or a depth of more than 1 foot without first obtaining a permit as herein provided except that: (a) No permit shall be require of anyone making any excavation or grading for any purpose for which he shall have previously applied for and obtained an appropriate building permit. (b) No permit shall be required of anyone filling for any purpose for which he shall have previously applied for and obtained a dump permit. (c) No permit shall be required of anyone making any excavation or grading for any purpose for which he shall have applied for and obtained a sewage disposal system permit. (d) No permit shall be required of a person constructing or maintaining a road or highway. (e) No permit shall be required from any person or persons making excavations for agriculture purposes. (f) No permit shall be required of anyone making any excavation or filling or grading land in accordance with a plan approved by the City Council in connection with the approval of plat under the Subdivision Ordinance No. 11. Section II. PERMIT FEES. The permit fee in the form of a certified check or cash shall be submitted with an application for a permit. In the event application for a permit shall be denied, the permit fee will be returned to the applicant less any expenses incurred by the City in investigating the application. Section III. ANNUAL LICENSE FEE. Each holder of a permit under the terms of this Ordinance, shall apply to the City Council for a renewal permit annually on or before January 1st, and pay therefore an annual license fee in accordance with the fee schedule adopted by resolution of the City Council. Section IV. APPLICATION FOR PERMIT. Application for a permit shall be made in writing and the applicant shall furnish such information as shall be required by the City Council and among other things, state: (a) The true name and address of all parties who have, or expect to have, a proprietary interest therein. (b) The full legal description of the location of the land where the pit, fill or excavation is, or is to be made, and also a full legal description of the location on such land of the pit, excavation or fill. (c) The roads or highways within the City limits over which it is anticipated material is to normally be hauled or carried to or from the pit, excavation or fill. (d) The estimated time when filling or removing will begin and be completed. (e) An over-all development plan, to be approved by the Council, which shall indicate: 1. A master plan, drawn accurately to scale, illustrating the ultimate land uses projected for the property (i.e. streets, building lots, water bodies and elevations). The master plan shall be similar in detail to a preliminary plat, and proposed elevations shall be shown at two foot intervals. 2. A plan indicating the operating pattern, the location on the property of any existing or anticipated buildings and equipment, and staging or time sequence schedule for excavation and restoration of the site. -2- 3. Such geological and hydrological data as is necessary to determine the feasibility of the proposed development plan.. (f) Landscape plan for setback areas. (g) Method of controlling dust. (h) Hours of operation, (i) Method of maintaining security on premises. (j) Method of controlling access to open excavation. (k) Method of controlling weeds. (1) Drainage plan. Section V. FILING OF MAP OR PLAT AND LAYOUT. A topographical map with two foot contours of the proposed excavation pit or fill to shall be made and filed with the application. Such map among other things should show the confines or limits thereof together with proposed depths of said excavation and the different parts thereof, the location on said property of any existing or anticipated office buildings, garages, stone crushing equipment, washing equipment, or stock piling and loading equipment: the location of all access roads from existing City and County Roads and such other pertinent information as the City Council deems necessary. The applicant shall also submit with his application a layout showing the planned set backs, slopes, screening and grade. Section VI. CONDITIONS OF PERMIT. Upon receipt of an application for a permit, a public hearing shall be held before the Planning Commission. The Planning Commission shall make a recommendation to the City Council. The Council shall make the final decision to grant or deny the permit. The City shall examine the application with the purpose of protecting and preserving the health, safety and general welfare of the inhabitants of the City. The City as a prerequisite of a permit, or after such permit has been granted, shall require the applicant to whom such permit issues, or the owner or user of the property on which the open pit, excavation or fill in, or is to be in, located to: -3- (a) Comply with a set back from the center of any road of a minimum of 100 feet and from any adjoining property line or a minimum of 100 feet, provided, however, the City may vary the minimum requirements to greater or lesser distances when conditions warrant. (b) Slope the banks in a ratio of one to one, or less. gradual, and otherwise properly guard and keep any pit or excavation or fill in such condition as not to be dangerous from caving or sliding banks, and when filling or removal operations are completed permanently, slope the banks at least in a three horizontal to one vertical ratio. (c) Properly fence any pit or excavation as required by the City. (d) Properly drain, fill or level any pit or excavation, after termination of the operation, so as to make the same, safe and healthful in such manner as the City shall determine, and during the operation shall see that the storm and surface waters cast into any pit or excavation do not become a nuisance. (e) Keep any pit, excavation or fill within the limits for which the particular permit is granted. (f) Screen such excavation, pit or fill with suitable trees and landscaping. (g) Use such devices and methods as are practicable to control noise and dust at all times within the operating area. (h) Take such precautions as are necessary to keep all public roads regularly used in hauling operations in a reasonably dust free condition and in the case of gravel surfaced roads, to treat such road surfaces with proper chemicals as may be necessary to comply with the requirements of this paragraph. (i) Cut all weeds about the premises. (j) To dispose of within one year by burying to a depth of not less than 24 inches or removing all trees, stumps and debris in the excavation area. -4- (k) Upon termination of the excavation operations, bury to a depth of not less than 24 inches all rocks in or about the excavation which are 1 foot in diameter or larger in size. (1) Comply with all road limit requirements on City roads as posted by the City. (m) Post adequate "truck hauling" warning signs along public streets or roads servicing the area. (n) Furnish a permit bond or cash deposit in such sum as the City may require indemnifying the City conditioned on compliance with their terms and provisions of this Ordinance and the conditions of any permit issued pursuant thereto. Section VII. VARIANCES. Where the City finds that hardships may result from strict compliance with these regulations or that unusual topographical conditions exist, it may vary these regulations so that substantial justice may be done and the public interest secured, provided that such variation will not have the effect of nullifying the intent and purpose of this Ordinace. Section VIII. PENALTY. Any person who shall refuse, neglect or fail to comply with any requirement under the provisions of Section VI or any of the provisions of this Ordinance, as promptly as the same can reasonably be done, shall be guilty of a violation of this Ordinance, and in addition thereto, the failure to comply with such an order, after notice, and the maintaining thereafter of a pit, excavation or fill shall be prima facie evidence of negligence, in any action by a person thereafter injured or damaged as to person or property by a fine of not more than $300.00 or be imprisoned for not more than ninety (90) days. Each 1D days of violation shall constitute a separate offense and shall be punished accordingly. -5- Section IX. ENFORCEMENT. The City may not, for failure of any person to comply with any requirements made of him in writing under the provisions of Section VI, as promptly as the same can reasonably be done, proceed to cause such requirement to be complied with, and the cost of such work shall be taxed against the property whereon the pit, excavation or fill is situated; or the City may at its option proceed to collect such costs by an action against the person to whom such permit has been issued: (a) At lease once a year, or more often as necessary, the City will inspect all areas where a permit has been issued and report finding to the City Council. (b) The applicant or owner shall reimburse the City for the cost of periodic inspection by the City for the purpose of seeing that the' terms under which the permit or license are being complied with. Section X. APPLICATION TO EXISTING PERMIT HOLDERS. Holders of permits that predate this ordinance when applying for a license renewal do not have to supply the City with the information required by Sections IV and V of this ordinance. Section XI. ORDINANCE REPEAL. Ordinance No. 13 of the City of Lakeville is hereby repealed. Section XII. INVALIDITY. If any part of this, Ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not effect the remaining parts hereof. Section XIII. This Ordinance shall take effect upon its adoption and publication. Adopted this 7th day of February , 1977. CITY OF VILLA Edward Mako, Mayor ATTE$3': ~ _ ~ 2~ s, _ Patrick E. McGa ve , erk -6- 1 1 ££-L09 filer He) Sul;ep ao uo►;ew 1 trbLB Z8 -ti 1sijeplI H11V3H paau 1 ;semi 'O'vL17-S179-LOS1 .e Legal Notice ORDINANCE NO. 104 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE PROHIBITING FILL- ING, EXCAVATING, DIGGING AND GRADING OF THE EARTH AND THE OPENING OF PITS OR EXCAVATED AREAS WITHOUT FIRST OBTAINING A PERMIT THEREFORE PROVIDING FOR THE ISSUANCE OF PERMITS AND PEN- ALTIES FOR VIOLATION THEREOF. The City Council of the City of Lakeville ordains: Section 1. PERMITS REQUIRED. No person, firm, corporation or associa- tion of persons shall fill, excavate, dig or raise or lower the grade of the surface of the earth nor open any pits or excavated areas in the earth if the foregoing has an area of more than 100 feet square or a depth of more than 1 foot without first obtaining a permit as herein provided ex- cept that: (a) No permit shall be require of anyone making any excavation or grading for any purpose for which he shall have pre- viously applied for and obtained an appro- priate building permit. (b) No permit shall be required of any one filling for any purpose for which he shall have previously applied for and obtained a dump permit. (c) No permit shall be required of anyone making any excavation or grading for any purpose for which he shall have applied for and obtained a sewage disposal system permit. (d) No permit shall be required of a person constructing or maintaining a road or highway. (e) No permit shall be required from any person or persons making excavations for Gu 0 SS ily sworn, on oath says he is and during all times ublisher and printer of the newspaper known as THE full knowledge of the facts herein stated as follows: 1 in the English language in newspaper format and valent in printed space to at least 900 square inches. ekly and is distributed at least once each week. f its news column devoted to news of local interest rrports to serve and does not wholly duplicate any lade up entirely of patents, plate matter and adver- is circulated in and near the municipality which it east 240 copies regularly delivered to paying at least 75% of its total circulation currently paid or n arrears and has entry as second class -matter in iewspaper purports to serve the Village of Lakeville las its known office of issue in the City of Lakeville in )en during its regular business hours for the gather- nents and sale of subscriptions and maintained by employ and subject to hs direction and control dur- hours and at which said newspaper is printed. copy of each issue immediately with the aid newspaper has complied with all the foregoing ears preceding the day or dates of publication wspaper has filed with the Secretary of State of 1966 and each January 1 thereafter an affidavit in etary of State and signed by publisher of said news - e a notary public stating that the news - Said newspaper was on May 20, 1965 qualified as a ublication and has continually thereafter met the 1, Rosemount only; Lakeville Times, Apple the printed Ord ria tic 19 Nc'»e e r ed as a part hereof was cut from the columns of and published therein in the English language, successive week/ that was first UCLso 16 day of F b(flj 19 1"l n ,19 and that published on every Thursday to and in- , 19 and RIDAY, FEBRUARY 18 dliii .r ,....,...._,. F rh r e me this /7 day of /I f L'-'A'r'i 19 77 copy of the lower case alphabet fromA to Z. knowledged as being the size and kind of type nd publication of said notice, to - wit: fghijklmnopqrstuvwxyz filling or removal operations are completed • permanently, slope the banks at least in a three horizontal to one vertical ratio. (c) Properly fence any pit or excavation as required by the City. 11 OTAY Public, Dakota County, Mn. cORGENSEN s' MNNI$QTA COUNTY Mfrs Myr 1, tep (d) Properly drain, fill or level any pit or excavation, after termination of the opera- 3 tion, so as to make the same, safe and healthful in such manner as the City shall determine, and during the operation shall see that the storm and surface waters cast ;.,fn nnv nit or excavation do not become on expires