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HomeMy WebLinkAbout0118 ~ - ORDINANCE NO. 118 CITY OF LAKEVILLE DAKOTA COUNTY, I•IINNESOTA AN ORDINANCE PROHIBITING FILLING, EXCAVATING, DIGGING AND GRADING OF THE EARTH AND THE OPENING OF PITS OR EXCAVATED AREAS WITHOUT FIRST OBTAINING A PERMIT THEREFOR AIdD PROVIDING FOR THE ISSUANCE OF PERMITS AND PENALTIES FOR VIOLATION THEREOF. The City Council of the City of Lakeville ordains: Section I. PERMITS REQUIRED. No one shall fill, excavate, dig, raise or lower the grade of the earth involving more than 100 feet square or more than 1,000 cubic yards of material without first obtaining a permit, except that permits shall not be required: (a) If the work is carried out as an essential part of a project for which the excavator has obtained a building permit, sewage disposal system permit or dump permit. (b) In conjunction with: construction or maintenance of a roadway, or for agriculture purposes, or a plan approved by the City in connection with plat approval. Section II. PERMITS. Permits shall be issued for one calendar year and shall expire on December 31st, unless a permit renewal is approved by the City. Section III. ANNUAL PERASIT FEE. Permit fees shall be submitted with the permit application. If the permit is denied, the fee will be returned to the applicant less any expenses incurred by the City. Permit holders intending to renew. their permit must apply for a permit renewal annually on or before January 1st, and shall pay an annual license fee in accordance with a fee schedule adopted by the City Council. Section IV. APPLICATION FOR PERDIIT. Permit applications shall be in writing and shall contain such information as required by the City Council, including: (a) The name and address of everyone who has, or is expected to have, a proprietary interest. (b) A legal description of the pit, fill or excavation site and the legal description of the location on the site of the pit, ex- cavation or fill. (c) The roads in the City on which the material will nor- mally be hauled. (d) The estimated time when filling or removing will begin and be completed. (e) An over-all development plan, to be approved by the City, which shall include as deemed necessary by the City: (1) A plan, of proposed finished elevations shown at two foot intervals. When warranted by the size and nature of the operation the City may also require a detailed master plan for projected land use similar in detail to a preliminary plat. (2) A plan depicting the operating pattern, the location on the property of any existing or anticipated buildings and equipment, and the time sequence for excavation and restoration of the site. (3) The geological and hydrological data neces- sary 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 shall be filed with the application. The map shall show the limits of the operation, the proposed depths, the lo- -2- ,r. cation on the property of existing or anticipated office buildings, garages, stone crushing equipment, washing equipment, or stoclc piling and loading equipment, the location of all access roads from existing City and County Roads and such other information as the City Council requires. The applicant shall also submit with his application a lay- out showing the planned set backs, slopes, screening and grade. Section VI. PROCEDURE FOR APPROVAL OF PERMITS. A public hearing shall be held before the Planning Commission on each permit application and on each renewal. Notice of the hearing shall be published at least five (5) days before the hearing and mailed notice shall be sent to property owners within 350 feet of the site. 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. Section VII. PERMIT CONDITIONS. All permit holders shall: (a) Maintain set backs from the center of roads and adjoin- ing property of at least 100 feet. (b) Slope the banks in a ratio of one to one, or less gradual, and properly guard and keep the pit, excavation or fill in a safe con- dition. When filling or removal operations are completed, slope the banks in at least a three horizontal to one vertical ratio. (c) Properly fence the pit or excavation. (d) During the operation insure that storm and surface waters in any pit or excavation not become a nuisance. After termi- nation of the operation, properly drain, fill or level the area in a safe and healthful manner and revegetate the area to control erosion. (e) Keep the operation within the limits for which the particular permit is granted. (f) Screen the operation with suitable trees and landscaping. (g) Control noise and dust within the operating area. -3- (h) At the specific direction of the City, take such measures as are necessary to keep public roads used in hauling operations in a reasonably dust free condition. (i) Cut weeds. (j) Dispose of all trees, stumps and debris by removal from the property or by burying them at least 2 feet. (k) Upon termination of the operation, bury at least 2 feet rocks 1 foot in diameter or larger. (1) Comply with road limit requirements on City roads. (m) If required by the City, pay for the posting of "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 conditioned on compliance with the terms and pro- visions of this Ordinance and the conditions of any permit issued. Section VIII. VARIANCES. Where the City finds that unnecessary hardships may result from compliance with this Ordinance or that unusual topographical conditions exist, it may grant a variance so that substantial justice may be done and the public interest secured, provided that such variance will not have the effect of nullifying the intent and purpose of this Ordinance. Section IX. PENALTY. Violations of this Ordinance are a misdemeanor and upon conviction shall be punishable by a fine not to exceed $500.00 and imprisonment not to exceed 90 days. Each day that a violation occurs constitutes a separate offense. Section X. ENFORCEMENT. If a permit holder does not comply with this Ordinance or the terms of a permit, the City may take necessary corrective action. The cost of such work shall be taxed against the property, 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. -4- The City may inspect sites for which a permit is issued at any time. The permit holder shall reimburse the City for the cost of inspections. Section XI. APPLICATION TO EXISTING PERMIT HOLDERS. Holders of valid permits on February 7, 1977, when applying for a permit renewal, do not have to furnish the City the information required by Section IV of this Ordinance. They shall, however, supply the information required by Section V when applying for license renewals in 1979 and subsequent years. Section XII. ORDINANCE REPEAL. Lakeville Ordinance No. 104 and Ordinance No. 42, § 4.24 are hereby repealed. Section XIII. INVALIDITY. If any part of this Ordinance is held invalid, such part shall be severable and the invalidity shall not affect the rest of the Ordinance. Section XIV. This Ordinance shall ta]ce effect upon its adoption and pub- lication. Adopted this 1st day of ~Y , 1978. CITY OF EVILLE Go don Lekson, Mayor ~ ~ ` ATTES ~ _ :C Patrick E. McGarvey; Clerk -S - h ` ORDINNa 118 CITY OF LAKEVI 1 i~, DAKOTA COUNTY; MINNES AN•ORDINANCEPROHIB FILLING,r .EXCAVATIN .; DIGGING AND GRADING OF T_ EARTH AND °THE'yOPENING'y PITSOR EXCAVATED ARE WITHOUT FIRST OBTAINING r PERMIT he. REFOR .f PROVIDING FOR;THE stiAN OF PERMITS AND PENA' FOR VIOLATION THEREOF The 'Ci ohncsof the City of ville ordains: 4 Section L PERMITS REQUIRED No one shall fill, excavate, dig, rai or lowerythe grade of ._the earth volving more than 100'feet square more than .1,000. cubic. "yards material 'without firs `. obtaining,; I permit, except that permits shall be required: (a) If the work is carred out as essential part of a project of. whi the excavator has obtained 4' buildi'` permit, sewage disposal system p mit or dumppermit. The Lakeville Times (Affidavit of Publication) Box K Lakeville, Mn. 55044 STATE OF MINNESOTA SS COUNTY OF DAKOTA ) r Rick Adelmann, being duly sworn, on oath says he is and during all times herein stated has been the publisher and printer of the newspaper known as THE LAKEVILLE TIMES and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news column devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and adver- tisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 240 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second class -matter in its local post - office. (5) Said newspaper purports to serve the Village of Lakeville in the County of Dakota and it has its known office of issue in the City of Lakeville in said county, established and open during its regular business hours for the gather- ing of news, sale of advertisements and sale of subscriptions and maintained by the publisher or persons in his employ and subject to hs direction and control dur- ing 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 publisher of said news- paper and sworn to before a notary public stating that the news- paper is a legal newspaper. (9) Said newspaper was on May 20, 1965 qualified as a medium of official and legal publication and has continually. thereafter met the foregoing conditions. He further states on oath that the printed t`e Q (le ) 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 0V'C/L successive weeks that was first so published on Wednesday the Jb day of nil 19 �J day of 19_ and that was thereafter printed and published on every Wednesday to and in- cluding the day of 197 44 and that the following is a printed copy of the lower case alphabet fromA to Z. both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to - wit: abcdefghijklmnopqrstuvwxyz '' A Subscribed and sworn to before me this qday of ► viu L.iSTNNEEN Aif K O111N TT Y soTA Commisslon Expires Sept. 30. 1984 .9'1,?_ `NOTARY Public, Dakota County, Mn. My Commission expires