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/ <br /> <br /> <br /> <br /> <br /> STATE OF MINNESOTA work may be taxed against 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 Thereon, or the Village (B) Test results indicaTing the exact <br /> ORDINANCE NO.150 nature, quantiTy and source of the <br /> AN ORDINANCE FOR THE PURPOSE may, at its option, proceed To collecT <br /> OF PROMOTING PUBLIC HEAL7H, such cosis by an action againsT the maTerials to be extracTed, sTored, <br /> SAFETY, ORDER CONVENIENCE person, party, or corporation to whom processed or used for fill. <br /> such permit has been issuetl and the (9) Plans for drainage, erosion con- <br /> AED GU GELATINNERGAL TH WEELFRAERME OV BAY L sureTiesonihebondshallberesponsible c~ol}r~sledimenTation conTrol and tlu51 <br /> RN <br /> DEPOSITION AND PROCESSING OF for such cosfs. <br /> 4.5 Recartls. Accurate daily records of 5.4 Site Rehabilition. <br /> SAND, GRAVEL, ROCK, SOIL AND site operations shall be maintained. (1) A comprehensive re-use plan <br /> OTHER NATURAL EARTH These records shall contain information showing ihat suitable provision will be <br /> MATERIALS IN THE VILLAGE OF perTinent to site operation. Intake of made for the resTorafion of the area so <br /> ARDEN HILLS. materials in tons or cubic yards shall be ihat iT will not become a health or safety <br /> The Council of the Vtllage 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 refurn of sub-soil and <br /> This Ordinance shall be known, cited andaddressofihesourceofsame. These top soil. Where the Village deems it <br /> ~ and referred fo as the Arden Hills Ex- records shall be available aT all Times for practical and necessary such plan 5hall <br /> cavaTion Ordinance, excepT as referred review and inspection by the Village. inclutle adjoining related areas where <br /> to herein, where it shal I be known as ihis 4.6 Completion. A deTailed descripTion excavations have previausly been made <br /> Ordinance. and plan of a complefed land and remain under the conirol of the <br /> SECTION 2.0 INTENT AND PURPOSE reclamation or mining siTe shall be filed owner of the land on which the ex- <br /> This Ordinance is adopied for the with the Adminisirator within one (1) cavaTing is fo be done or under the <br /> purpose of: monih 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 /> availabiliTy of sand, rock, soil, and include the general Type and location of (Z) Excavations made To a water <br /> oTher maTerials vital fo the con- deposited maTerials, the type and producingdepihmusimeetfhefollowing <br /> tinued growih of the Villageof Arden number of liffs, original and final terrain requiremen}s: <br /> (a) 7he depih must be at leasT ten <br /> Hills; descriptions, and other pertinenT <br /> establishing reasonable and uniform characterisTics of the completed siTe. (10) feei below the low wafer mark; <br /> (b) All banks shall be sloped To the <br /> limitations, safeguartls, and con- 4.7 No Consent. Nothing confained in <br /> water line at a slope which shall not <br /> irols in the Village for the ex- this Ordinance shall be deemed fo be a be steeper ihan one and one-half <br /> traction, deposition and processing consenT, license, or permiT to locate, <br /> of sand, gravel, rock, soil, and other consirucT, or maintain a siTe, facility or feet horizonTal To one (1) fooT <br /> natural earth materials; operation, or to carry on any activity. vertical; <br /> SECTION5.0 APPUCATIONS (c) All banks shall be sodtletl or <br /> conTrolling noise, dust, hazards, The application for the permit surfaced with soil of a quality ai <br /> effecis on adiacent property, and least equal To the topsoil ot land <br /> other factors related to the ex- required shall be filed with the Village <br /> Clerk AdminisiraTOr. A fee shall ac- areas immediately surrounding and <br /> traction, deposiTion and processing company each application. Applications to a depih of at leasT Three (3) in- <br /> of nafural materials; shall be reviewed by the Adminisfrator ches; or approved rip-rapping, <br /> provitling for the restoration of and referred tothe Engineer or Attorney Where applicabie. <br /> excavafion, mining and land if deemed necessary. A minimum of (d) Such Topsoil as required shall <br /> reclamation operations after ter- forTy-five (45) days shall be considered be planTetl with Trees, shrubs, <br /> mination of such operation Thus reasonable for review before the public legumes, or grasses upon the paris <br /> of such area where re-vegetation is <br /> making the site compafible with the hearing. possible. <br /> surroundings and noT detrimental fo The application and accompanying (3) Excavafions not made to a water- <br /> The community; materials shall provide the following producing depTh musT be graded or <br /> providing for the conirol of potential informaTion. back-filled and shall meet the following <br /> pollutian problems which exist wiih 5.1 Purpose. The purpose of the requiremen}s: <br /> exiradion, deposifion and removal, storage or excavation and the <br /> processing operaTions. estimaTed Time required To compleTe the (a) Such 9rading or back-filling <br /> shal I be made with non-noxious, non- <br /> SECTION3.0 DEFINITIONS operations. flammable, non-combustible solids; <br /> Unless otherwise indicated herein, 5.2 Existing Conditions. <br /> references to the AdmiNSirator are to (1) Iden!ification: The date; nor- (b) Thegraded or back-filled area <br /> shall not collect and permif sfagnanf <br /> the Arden Hills Clerk-Adminisirator; 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 Thecareaesha~lkbe r ducedetolansuof <br /> peals, and to the Planning Commission iheir license numbers and seals; an <br /> are to the same as already established absiractor's cerTificate indicaTing the face which will result in a gently <br /> ntl addresses of eriv owners rolling topography in substantial <br /> byordinance; referencetothe Council is names a ProP conformity to the land area im- <br /> to the Arden Hills Village Council; within 300 feet of the exterior boundary <br /> reference to the EngineerisTO the Arden lines of the proposed plat. mediafely surrounding; and which <br /> Hills Village Engineer. (2) Description: A correct legal will minimize erosion due to rain- <br /> Unless otherwise indicaTed, words descripfion of the tract, giving complete fall; <br /> used herein shall be considered as used descripfive data by bearings and (d) Such graded or back-filled <br /> with fheir ordinary meaning, but all distances, made and certified to by a area shall be sodded or surfaced <br /> wiTh soil of a quality aT least equal to <br /> definiTions containeq in the Zoning licensetl land surveyor. The corners of the topsoil of land areas im- <br /> Ortlinance shall be applicable herein, the fraci shall also be located on the mediately surrounding, and to a <br /> particularly wiTh reference to mining ground and marked by substantial depih of af 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 irees, shrubs, <br /> 400 cubic yards or more ot earih referred and Tied to the nearest one- legumes or grasses upon the parts of <br /> materials on a si}e in such manner as To quarter (?ia) section corner and shall be such area where re-vegetation is <br /> elevate the gratle. shown. Descriptions, reference ties and possible. <br /> SECTION 4.0 ~ RULES elevations of all bench marks. 5.5 Bond. The applicanT shall furnish a <br /> 4.7 Mining, processing and land (3)SitedaTa:TOpographicdatawiTha bond in an amount To be set by the <br /> reclamation shall be permitted only confour interval of not more ihan iwo (2) Council antl naming the Village as <br /> upon issuance of a special use permit. feetandsupplemenTalsofone (1) foot in obligee with a corporate surety duly- <br /> ' Unless specifically provided herein, the exTremely flat areas; the datum shall be licensed in the State of Minnesota. The <br /> special use permiT shall be one within of the Sth 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 subiect to all of the provisions of the areas, rock ouicrops, power iran- requiremenis or do any of the acts <br /> Zoning Ordinance. sporTation poles and line, gas lines, required by ihis Ordinance, or for any <br /> 4.2 Annual Permit Required. single irees with a diameter of eighT (8) reason ceases to operateor abandons the <br /> (1) I1 shall be unlawful for any person, inches or more as measured Three (3) site or facility, and the Village is <br /> firm or corporation to remove, store, or feet above the base of the frunk, and required to expend any monies or ex- <br /> excavafe rock, sand, dirt, gravel, clay or , other significan} existing feaTures. pend any labor or material to place the <br /> oTher material wiThin the Village of The location, right-of-way width and site in the condiTion required by the <br /> Arden Hills withouT obTaining a Special names of exisTing or platted sireets or permitorThisortlinance,iheobligorand <br /> Use Permit as provided herein. other public ways. Parks and ofher the sureties on its bond shall reimburse <br /> (2) A permit hereunder will noT be public lands, permanenT buildings, and the Village for any and all expenses <br /> required for the following: siructures, easemenis, section and incurred iherein. The term of the bond <br /> (a) The excavation, removal or corporaTe lines within the site and to a shall be co-extensive with the term of the <br /> sTOrage of rock, sand, dirt, gravel, disiance 100 feet beyond. permit. <br /> clay or oTher material preparatory (4) Geological formations and ground 5.6 Insurance. The licensee shall <br /> fo consiruction of a building Thereon water elevaTions fo a depih of aT leasT ten furnish certificates of insurance issued <br /> pursuanf to a duly-issued building (10) feet below proposed excavaTion and by insurers duly licensed within the <br /> permit; lowestelevationofihesite,includingihe Sfate of MinnesoTa covering public <br /> (b) Moving dirt for consiruction of high wafer table. Such data shall be liabilify insurance, including 9eneral <br /> roatlsortoprovideforsurfacewafer obtained by soil borings or other ap- 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 operations, bodily iniury <br /> already occupied by a residential Progressively with time the original and liability in an amount of at least siructure; proposed elevation of excavation, $250,000.00 tor injury or deaTh of any one <br /> (c) Excavation or dirt removal irenching and fill. person in any one occurrence and bodily <br /> ;incidental To consiruction of sewer 5.3 Operation Plans. injury liability in an amounT of at least <br /> and water mains, highway con- As parT of the permiT application, $750,000.00 for injuries or death arising <br /> sirucfion or other public projecis; plans for the following shall be sub- out of any one occurrence. Property <br /> (d) Minor a9ricultural, con- mifted indicating how the iTems shall be damage liabiliTyshall befurnished in the <br /> ~ servation iTems, and sod removal. established, consirucfetl or provided for amounf ot at IeasiS500,000.00 for any one <br /> 4.3 Existing Operations. Persons, at the siTe. occurrence. <br /> parties, or corporations now contlucting (1) Sanitary faciliTies and shelter shall SECTION 6.0 ANNUAL PERMIT <br /> operations for which ihis Ordinance be available for siTe personnel, and for 6.1 Terms of Permit and Renewal. <br /> requires a permit may continue such mainienance and sforage of site Each permit granted hereunder shall <br /> operation but wiThin ihiriy (JO) days of equipment and iheir locations. expire on June 30 ihereafter unless <br /> the effective date of this Ordinance, (2) Liiter conTrol devices such as sooner revoked. Application 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) Electrical service for operafions year. An applicaTion fee for renewal is <br /> violation of fhis Ordinance. Failure to and repairs. noT required. Application for renewal <br /> comply shall be grounds for refusal to (4) Emergency first-aid equipmenT To shall contain a staTement of any changes <br /> grant the permit and also grounds for provide adequate TreaTmenf for ac- in the information submitTed in the last <br /> termination of the operation wiThin cidenTS, incluiiing fire fighting equip- approved permiT applicaTion or renewal. <br /> ninety (90) days atter passage of This ment. Failure to submit such information <br /> Ordinance. (S) A source of water, disposal of shall be grounds for revocafion or for <br /> 4.4 Nan-Conformance. The Council, water and re-use of water. not granTing renewal of the permit. If <br /> after nofice given for failure of any (6) Adequate facilities to insure ihat there are not changes, it shall be so <br /> person, party or corporaTion to comply no vehicle desiring entry into the site stated inthe renewal application. Re- <br /> wiTh contlitionsof a permiT granted, may may have to waii outside the perimeter newals may be made by the Adminis- <br /> proceed to cause such compliance with for the site. 7ravel routes for irucks to iraTOr, provitled the operaTion is in <br /> such requiremenf and the cost of such and from the site. conformance wiTh the provisiong <br />