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<br /> STATE OF MINNESOTA work may be taxed a9ainsl the property (7) Communication faciliTies shall be
<br /> COUNTY OF RAMSEY on which the operation is locaTed and provided for emergency purposes.
<br /> VILLAGE OF ARDEN HILLS become a lien ihereon, or the Village (8) Test resulis indicating the exact
<br /> ORDINANCE NO. 150 may, at its option, proceed To collect nature, quantiTy and source of the
<br /> AN ORDINANCE FOR THE PURPOSE such cosis by an aciion against the materials to be exiracted, stored,
<br /> OF PROMOTING PUBLIC HEALTH, person, party, or corporation to whom processed or used for fill.
<br /> SAFETY, ORDER CONVENIENCE such permit has been issued and the (9) Plans for drainage, erosion con-
<br /> AND GENERAL WELFARE BY sureTiesonThebondshallberesponsible frol, setlimenTation confrol and tlust
<br /> REGULATING THE REMOVAL, for such cosis. confrol.
<br /> DEPOSITION AND PROCESSING OF 5.4 SiTe Rehabilition.
<br /> 4.5 Records. Accurate dai ly records of
<br /> SAND, GRAVEL, ROCK, SOIL AND site operations shall be maintained. A comprehensive re-use plan
<br /> OTHER NATURAL EARTH These recordsshall contain information showing ihaT suitable provision will be
<br /> MATERIALS IN THE VILLAGE OF perTinenT to siTe operaTion. Intake of made for the resTOration of the area so
<br /> ARDEN HILLS, materials in tons or cubic yards shall be thaT iT will not become a healih or safety
<br /> The Council of the Village of Arden recorded daily in a manner accepTable hazard or a nuisance. Such plan shall
<br /> Hills does hereby ordain as follows: to the Village, and shall include the Type include the final elevations and slope
<br /> SECTIONI.O SHORTTITLE of materials deposited, and the name and plan for the return of sub-soil and
<br /> This Ordinance shall be known, cited andaddressofThesourceof same. These Top soil. Where the Village deems it
<br /> ~ and referred to as the Arden Hills Ex- recordsshall beavailableatall timesfor practical and necessary such plan shall
<br /> ~ cavation Ordinance, except as referred review and inspection by the Village. inclutle adjoining related areas where
<br /> to herein, where it shall be known as This 4.6 Completion. A detailed descripTion excavations have previously been made
<br /> Ordinance. and plan of a completed land and remain under the conirol of the
<br /> SECTION 2.0 INTENTAND PURPOSE reclamation or mining site shall be filed owner of the land on which the ex-
<br /> This Ordinance is adopTed for the wlih the Adminisirator within one (1) cavaTing is to be done or under the
<br /> purpose of: monTh after approval of the operation as conirol of the person or party to do the
<br /> providing for the economical finally concluded. This description shall excavaTing.
<br /> availabilifY of sand, rock, soil, and include the general type and IocaTion of (2) Excavations made fo a waTer
<br /> other maTerials vital to the con- deposited materials, the type and producingdepThmusTmeeTihefollowing
<br /> tinued growih of the Villageof Arden number of IifTS, ori9inal and final terrain requiremenis:
<br /> Hills; descripiions, and oiher pertinenT (a) The depih musT be at least fen
<br /> establishing reasonable and uniform characTeristics of the completed site. (10) feet beloW the low water mark;
<br /> limifations, safeguards, antl con- 4J No Consent. Nofhin9 contained in (b) All banks shall be sloped to the
<br /> This Ordinance shall be deemed to be a wafer line af a slope which shall not
<br /> Trols in the Village for the ex- be steeper Than one and one-half
<br /> iracTion, deposition and processing consenT, license, or permit to locate, (11/2) feef horizonfal to one
<br /> of sand, gravel, rock, soil, and oiher consirucT, or maintain a site, facility or (1) foot
<br /> natural earTh materials; operation, or to carry on any activity. vertical;
<br /> SECTION 5.0 APPLICATIONS (c) All banks shall be sodded or
<br /> conirolling noise, dust, hazards, surfaced with soil of a quality at
<br /> The application for the permit IeasT e ual to the fo
<br /> etfecis on adlacent property, and required shall be filed wifh the Vtillage 4 p5oil of land
<br /> other factors related to the ex- Clerk Adminisirator. A fee shall ac- - areas immediatety surrounding and
<br /> iracfion, deposiTion and processing to a depth of af least three (3) in-
<br /> , company each application. ApplicaTions
<br /> of naTUral materials; ` PProved riP-raPPi
<br /> ~9~
<br /> 3hall be reviewed by the AdministraTOr ches; or a where applicabie.
<br /> providing for the restoration of - a'nd referred to the Engineer or AtTOrney (d) Such topsoil as required 5hall
<br /> excavafion, mining and land if deemetl necessary. A minimum of be planted with Trees, shrubs,
<br /> reclamation operaTions after fer- forty-five (45) days shall be considered legumes, or grasses upon the paris
<br /> mination of such operafion ihus reasonable for review before the public
<br /> of such area where re-vegetation is
<br /> making the sife compaTlble with the hearin9. possible.
<br /> surroundings and not detrimental to The application and accompanying (3) Excavations noT made To a wafer-
<br /> ihe communify; maTerials shall provide the following roducin de Th must be
<br /> providing for the conTrol of poTenTial information. P 9 P 9raded or
<br /> 5.1 Purpose. The purpose of the back-filled and shall meet the following
<br /> pollution problems which exist wiTh ation and the requiremenis:
<br /> exTraction, deposition and removal, storage or excav (a) Such grading or back-filling
<br /> processing operations. esTimated Time required to complefe the shall be made with non-noxious, non-
<br /> SECTION3.0 DEFINITIONS operaTions. flammable, non-combustible solids;
<br /> Unless otherwise indicaTed herein, 5.2 Existing Conditions. (b) The graded or back-filled area
<br /> references fo the Administrator are To (1) Identification: The date; nor- shallnoTcollectandpermitstagnant
<br /> the Arden Hills Clerk-AdminisTrator; thpoint, map scale; name and address
<br /> references To the Attorney are to the of: applicant, owner, operator, sur- Water to remain iherein;
<br /> Village AtTorney; To the Board of Ap- veyor, engineer and designer, including thecareaeshallkbe reducedetofansuof
<br /> peals, and to the Planning Commission their license numbers and seals; an face which will Yesult in a gently
<br /> are To the same as already esiablished absiractor's certificate indicating the .
<br /> names ddressesof properTV owners rolling topography in substanfial
<br /> by ordinance; reference to the Council is conformity To the land area im-
<br /> to the Arden Hills Village Council; withi 300 et of the
<br /> exterior boundary mediately surrounding; and which reference Tothe Engineer is fo the Arden -b14F1 ose p a. will minimize erosion due to rain- Hills Village Engineer. (2) Descripiion: A correct legal falL . Unless otherwise indicated, words descripTion of the iract, giving complefe (d) Such gradetl or back-filled
<br /> • used herein shall be considered as used descriptive data by bearings and area shall be sodded or surfaced
<br /> wiih iheir ordinary meaning, buf all distances, made and certified to by a wi}h soil of a quality at least equal to
<br /> definitions conTained in the Zoning licensed land surveyor. The corners of the fopsoil of lantl areas im-
<br /> Ordinance shall be applicable herein, the iract shall also be locaTed on the mediately surrounding, and to a
<br /> parTicularly with refefence to mining ground and marked by substanfial depih of at least ihree (3) inches;
<br /> and soil processing. monumenis of such size and type as (e) Such topsoil as required above
<br /> Land Reclamation: The deposition of approved by the Engineer, and be shall be planted with trees, shrubs,
<br /> ~ 400 cubic yards or more of earfh referred and tied To the nearest one- legumes or grasses upon the paris of
<br /> materials on a site in such manner as to quarter ('/n) sedion corner and shall be such area where re-vegetaTion is
<br /> elevate the grade. shown. Descriptions, reference ties and possible. -
<br /> SECTION 4.0 RULES elevations of all bench marks. 5.5 Bond. The applicanf shall furnish a
<br /> 4.1 Mining, processing and land (3) Site dafa: Topographic data with a bond in an amount to be set by the
<br /> reclamation shall be permiTTed only contour inTerval of not more ihan two (2) Council and namin9 the Village as
<br /> upon issuance of a special u5e permit. feet and supplemenials of one (1) foot in obligee wiTh a corporaTe surety duly.
<br /> Unless specifical ly provided herein, the exiremely flat areas; fhe datum shall be licensed in the Siate of Minnesota. The
<br /> special use permiT shall be one within of the 5Th General Atliusiment of 1929. condition of such bond shall be That if the
<br /> the meaning of the Zoning Ordinance, Watercourses, lakes, marshes, wooded principal fails To obey any of the
<br /> and subject to all of the provisions of the areas, rock outcrops, power tran- requirements or do any of the acis -
<br /> Zoning Ordinance. sportation poles and line, gas lines, required by ihis Ortlinance, or for any
<br /> 4.2 Annual Permit Required. single irees with a diameter of eighT (8) reason ceases tooperateor abandons the
<br /> (1) Itshallbeunlawfulforanyperson, inches or more as measured ihree (3) site or tacility, and the Villa9e is
<br /> firm or corporaTion to remove, sTOre, or feet above the base of the irunk, and required to expend any monies or ex-
<br /> excavate rock, sand, dirT, gravel, clay or other significant existin9 features. pend any labor or material To place the
<br /> oTher material within the Village of The location, right-of-way widTh and si}e in the condition required by the
<br /> Arden Hills withoui obiaining a Special names of existing or platted sireets or permiTOrthisordinance, Theobligorand
<br /> Use Permif as provided herein. other public ways. Parks and ofher the sureTies on its bond shall reimburse
<br /> (2) A permit hereunder will nof be public lands, permanenT buildings, and the Village for any and all expenses
<br /> required for the following: sirucTures, easemenTS, section and incurred }herein. The term of the bond
<br /> (a) The excavation, removal or corporate lines wi}hin the site and to a shallbeco-extensivewiThthetermofihe
<br /> sTorage of rock, sand, dirt, gravel, distance 100 feet beyond. permiT.
<br /> clay or other material preparaTOry (4) Geological formations and ground 5.6 Insurance. The licensee shall
<br /> ~ to consiruction of a building ihereon water elevations fo a depih of at leasi fen furnish certificaTes of insurance issued
<br /> pursuanT To a duly-issued building ~ (10) feeT below proposed excavation and by insurers duly licensed within the
<br /> permlt; IowestelevationofihesiTe,includingThe Stafe of Minnesofa covering public
<br /> (b) Moving dirt for consTruction of high water Table. Such data shall be liability insurance, including general
<br /> roatlsorto rovidefor surface water obtained by soil borings or other ap- p liability, automobile liability loading
<br /> drainage as provided on an ap- propriate means, and unloading, completed operaTions
<br /> proved plat, or moving dirt for (5) Cross sections shall be included on liability, explosion and collapse of un-
<br /> landscaping purposes on a lot the plan or on separate sheets showing derground operafions, bodily iniury
<br /> alreatly occupied by a residential progressively with fime ihe-original and liability in an amounT of at least
<br /> siructure; proposed elevation of excavation, g250,000.00forinjury or death of any one
<br /> (c) Excavation or dirt removal irenching and fill.
<br /> 5.3 O eration Plans. person in any one occurrence and bodily
<br /> incidental to consirucfion of sewer P injury liability in an amounT of at least
<br /> antl waTer mains, highway con- As pari of the permit application, $750,000.00 for injuries or death arising
<br /> struciion or other public projecis; plans for the following shall be sub- out of any one occurrence. Property
<br /> (d) Minor agriculTUral, con- mitted indicating how the items shall be damage liabilityshall befurnished in the
<br /> servafion ifems, and sod removal. established, consiructed or provided for amount ot aT least $500,000.00 for any one
<br /> ~ 4.3 Existing Operations. Persons, at the site. occurrence.
<br /> parties, or corporaTions now conducTing (1) Sanitary facilities and shelter shall SECTION 6.0 ANNUAL PERMIT
<br /> operations for which ihis Ordinance be available for sife personnel, and for 6.1 Terms of Permit and Renewal.
<br /> requires a permif may continue such maintenance and storage of site Each permit granTed hereunder shall
<br /> operation but within ihirty (30) days of equipment and iheir locations. expire on June 30 thereafter unless
<br /> the effective date of fhis Ordinance, (2) Litter conirol devices such as sooner revoked. Applicafion for renewal
<br /> shall make an application for a permit fences. shall be made in writing by April 30 each
<br /> hereunder. Failure to do so shall be a (3) Elecfrical service for operations year. An applicaTion fee for renewal is
<br /> violaTion of This Ordinance. Failure to and repairs. not required. Application for renewal
<br /> comply shall be grounds for refusal to (4) Emergency first-aid equipment fo shall contain a sTaTemenf of any changes
<br /> granT the permif and also 9rounds for provide adequate ireaimenf for ac- in the information submitted in the last
<br /> termination of the operation within cidenTS, including fire fighting equip- approvetlpermitapplicationorrenewal.
<br /> ninety (90) days after passage of This ment. Failure to submii such information
<br /> Ordinance (5) A source of water, tlisposal ot shall be 9rounds for revocation or for
<br /> 4.4 Non-Conformance. The Council, water and re-use of wafer. not 9ranTing renewal of the permit. If
<br /> affer notice given for failure of any (6) Adequate facilities to insure fhat ihere are noT changes, it shall be so ,
<br /> person, party or corporation to comply no vehicle tlesirin9 eniry into the site sTaTed inihe renewal applicaTion. Re-
<br /> with condiTionsof a permit granted, may may have to wait outside the perimeTer newals may be made by the Adminis-
<br /> proceed to cause such compliance with for the siTe. Travel routes for irucks to frator, provided the operation is in
<br /> such requirement and the cosf of such and from the site. conformance with the provisions
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