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HomeMy WebLinkAbout#150 Excavation Ord. ~ . a. ~ - - lo V i V • ~ _ ~ ' . ~ `•I ~ , y/~ e ? 1 • ~ _ L.~y ~ • ? ~ ~ P • ~ ~ w ~ l ~ I ~ . , ~ ~j~Q ~ 1. ~ 9J ~ ~ ' . i ~ • ~ ~ v ~ y , T o , ~ ft~ r - ~ ~ b t STATE OF MINNESOTA work may be taxed a9ainsl the property (7) Communication faciliTies shall be COUNTY OF RAMSEY on which the operation is locaTed and provided for emergency purposes. VILLAGE OF ARDEN HILLS become a lien ihereon, or the Village (8) Test resulis indicating the exact ORDINANCE NO. 150 may, at its option, proceed To collect nature, quantiTy and source of the AN ORDINANCE FOR THE PURPOSE such cosis by an aciion against the materials to be exiracted, stored, OF PROMOTING PUBLIC HEALTH, person, party, or corporation to whom processed or used for fill. SAFETY, ORDER CONVENIENCE such permit has been issued and the (9) Plans for drainage, erosion con- AND GENERAL WELFARE BY sureTiesonThebondshallberesponsible frol, setlimenTation confrol and tlust REGULATING THE REMOVAL, for such cosis. confrol. DEPOSITION AND PROCESSING OF 5.4 SiTe Rehabilition. 4.5 Records. Accurate dai ly records of SAND, GRAVEL, ROCK, SOIL AND site operations shall be maintained. A comprehensive re-use plan OTHER NATURAL EARTH These recordsshall contain information showing ihaT suitable provision will be MATERIALS IN THE VILLAGE OF perTinenT to siTe operaTion. Intake of made for the resTOration of the area so ARDEN HILLS, materials in tons or cubic yards shall be thaT iT will not become a healih or safety The Council of the Village of Arden recorded daily in a manner accepTable hazard or a nuisance. Such plan shall Hills does hereby ordain as follows: to the Village, and shall include the Type include the final elevations and slope SECTIONI.O SHORTTITLE of materials deposited, and the name and plan for the return of sub-soil and This Ordinance shall be known, cited andaddressofThesourceof same. These Top soil. Where the Village deems it ~ and referred to as the Arden Hills Ex- recordsshall beavailableatall timesfor practical and necessary such plan shall ~ cavation Ordinance, except as referred review and inspection by the Village. inclutle adjoining related areas where to herein, where it shall be known as This 4.6 Completion. A detailed descripTion excavations have previously been made Ordinance. and plan of a completed land and remain under the conirol of the SECTION 2.0 INTENTAND PURPOSE reclamation or mining site shall be filed owner of the land on which the ex- This Ordinance is adopTed for the wlih the Adminisirator within one (1) cavaTing is to be done or under the purpose of: monTh after approval of the operation as conirol of the person or party to do the providing for the economical finally concluded. This description shall excavaTing. availabilifY of sand, rock, soil, and include the general type and IocaTion of (2) Excavations made fo a waTer other maTerials vital to the con- deposited materials, the type and producingdepThmusTmeeTihefollowing tinued growih of the Villageof Arden number of IifTS, ori9inal and final terrain requiremenis: Hills; descripiions, and oiher pertinenT (a) The depih musT be at least fen establishing reasonable and uniform characTeristics of the completed site. (10) feet beloW the low water mark; limifations, safeguards, antl con- 4J No Consent. Nofhin9 contained in (b) All banks shall be sloped to the This Ordinance shall be deemed to be a wafer line af a slope which shall not Trols in the Village for the ex- be steeper Than one and one-half iracTion, deposition and processing consenT, license, or permit to locate, (11/2) feef horizonfal to one of sand, gravel, rock, soil, and oiher consirucT, or maintain a site, facility or (1) foot natural earTh materials; operation, or to carry on any activity. vertical; SECTION 5.0 APPLICATIONS (c) All banks shall be sodded or conirolling noise, dust, hazards, surfaced with soil of a quality at The application for the permit IeasT e ual to the fo etfecis on adlacent property, and required shall be filed wifh the Vtillage 4 p5oil of land other factors related to the ex- Clerk Adminisirator. A fee shall ac- - areas immediatety surrounding and iracfion, deposiTion and processing to a depth of af least three (3) in- , company each application. ApplicaTions of naTUral materials; ` PProved riP-raPPi ~9~ 3hall be reviewed by the AdministraTOr ches; or a where applicabie. providing for the restoration of - a'nd referred to the Engineer or AtTOrney (d) Such topsoil as required 5hall excavafion, mining and land if deemetl necessary. A minimum of be planted with Trees, shrubs, reclamation operaTions after fer- forty-five (45) days shall be considered legumes, or grasses upon the paris mination of such operafion ihus reasonable for review before the public of such area where re-vegetation is making the sife compaTlble with the hearin9. possible. surroundings and not detrimental to The application and accompanying (3) Excavations noT made To a wafer- ihe communify; maTerials shall provide the following roducin de Th must be providing for the conTrol of poTenTial information. P 9 P 9raded or 5.1 Purpose. The purpose of the back-filled and shall meet the following pollution problems which exist wiTh ation and the requiremenis: exTraction, deposition and removal, storage or excav (a) Such grading or back-filling processing operations. esTimated Time required to complefe the shall be made with non-noxious, non- SECTION3.0 DEFINITIONS operaTions. flammable, non-combustible solids; Unless otherwise indicaTed herein, 5.2 Existing Conditions. (b) The graded or back-filled area references fo the Administrator are To (1) Identification: The date; nor- shallnoTcollectandpermitstagnant the Arden Hills Clerk-AdminisTrator; thpoint, map scale; name and address references To the Attorney are to the of: applicant, owner, operator, sur- Water to remain iherein; Village AtTorney; To the Board of Ap- veyor, engineer and designer, including thecareaeshallkbe reducedetofansuof peals, and to the Planning Commission their license numbers and seals; an face which will Yesult in a gently are To the same as already esiablished absiractor's certificate indicating the . names ddressesof properTV owners rolling topography in substanfial by ordinance; reference to the Council is conformity To the land area im- to the Arden Hills Village Council; withi 300 et of the 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 • used herein shall be considered as used descriptive data by bearings and area shall be sodded or surfaced wiih iheir ordinary meaning, buf all distances, made and certified to by a wi}h soil of a quality at least equal to definitions conTained in the Zoning licensed land surveyor. The corners of the fopsoil of lantl areas im- Ordinance shall be applicable herein, the iract shall also be locaTed on the mediately surrounding, and to a parTicularly with refefence to mining ground and marked by substanfial depih of at least ihree (3) inches; and soil processing. monumenis of such size and type as (e) Such topsoil as required above Land Reclamation: The deposition of approved by the Engineer, and be shall be planted with trees, shrubs, ~ 400 cubic yards or more of earfh referred and tied To the nearest one- legumes or grasses upon the paris of materials on a site in such manner as to quarter ('/n) sedion corner and shall be such area where re-vegetaTion is elevate the grade. shown. Descriptions, reference ties and possible. - SECTION 4.0 RULES elevations of all bench marks. 5.5 Bond. The applicanf shall furnish a 4.1 Mining, processing and land (3) Site dafa: Topographic data with a bond in an amount to be set by the reclamation shall be permiTTed only contour inTerval of not more ihan two (2) Council and namin9 the Village as upon issuance of a special u5e permit. feet and supplemenials of one (1) foot in obligee wiTh a corporaTe surety duly. Unless specifical ly provided herein, the exiremely flat areas; fhe datum shall be licensed in the Siate of Minnesota. The special use permiT shall be one within of the 5Th General Atliusiment of 1929. condition of such bond shall be That if the the meaning of the Zoning Ordinance, Watercourses, lakes, marshes, wooded principal fails To obey any of the and subject to all of the provisions of the areas, rock outcrops, power tran- requirements or do any of the acis - Zoning Ordinance. sportation poles and line, gas lines, required by ihis Ortlinance, or for any 4.2 Annual Permit Required. single irees with a diameter of eighT (8) reason ceases tooperateor abandons the (1) Itshallbeunlawfulforanyperson, inches or more as measured ihree (3) site or tacility, and the Villa9e is firm or corporaTion to remove, sTOre, or feet above the base of the irunk, and required to expend any monies or ex- excavate rock, sand, dirT, gravel, clay or other significant existin9 features. pend any labor or material To place the oTher material within the Village of The location, right-of-way widTh and si}e in the condition required by the Arden Hills withoui obiaining a Special names of existing or platted sireets or permiTOrthisordinance, Theobligorand Use Permif as provided herein. other public ways. Parks and ofher the sureTies on its bond shall reimburse (2) A permit hereunder will nof be public lands, permanenT buildings, and the Village for any and all expenses required for the following: sirucTures, easemenTS, section and incurred }herein. The term of the bond (a) The excavation, removal or corporate lines wi}hin the site and to a shallbeco-extensivewiThthetermofihe sTorage of rock, sand, dirt, gravel, distance 100 feet beyond. permiT. clay or other material preparaTOry (4) Geological formations and ground 5.6 Insurance. The licensee shall ~ to consiruction of a building ihereon water elevations fo a depih of at leasi fen furnish certificaTes of insurance issued pursuanT To a duly-issued building ~ (10) feeT below proposed excavation and by insurers duly licensed within the permlt; IowestelevationofihesiTe,includingThe Stafe of Minnesofa covering public (b) Moving dirt for consTruction of high water Table. Such data shall be liability insurance, including general roatlsorto rovidefor surface water obtained by soil borings or other ap- p liability, automobile liability loading drainage as provided on an ap- propriate means, and unloading, completed operaTions proved plat, or moving dirt for (5) Cross sections shall be included on liability, explosion and collapse of un- landscaping purposes on a lot the plan or on separate sheets showing derground operafions, bodily iniury alreatly occupied by a residential progressively with fime ihe-original and liability in an amounT of at least siructure; proposed elevation of excavation, g250,000.00forinjury or death of any one (c) Excavation or dirt removal irenching and fill. 5.3 O eration Plans. person in any one occurrence and bodily incidental to consirucfion of sewer P injury liability in an amounT of at least antl waTer mains, highway con- As pari of the permit application, $750,000.00 for injuries or death arising struciion or other public projecis; plans for the following shall be sub- out of any one occurrence. Property (d) Minor agriculTUral, con- mitted indicating how the items shall be damage liabilityshall befurnished in the servafion ifems, and sod removal. established, consiructed or provided for amount ot aT least $500,000.00 for any one ~ 4.3 Existing Operations. Persons, at the site. occurrence. parties, or corporaTions now conducTing (1) Sanitary facilities and shelter shall SECTION 6.0 ANNUAL PERMIT operations for which ihis Ordinance be available for sife personnel, and for 6.1 Terms of Permit and Renewal. requires a permif may continue such maintenance and storage of site Each permit granTed hereunder shall operation but within ihirty (30) days of equipment and iheir locations. expire on June 30 thereafter unless the effective date of fhis Ordinance, (2) Litter conirol devices such as sooner revoked. Applicafion for renewal shall make an application for a permit fences. shall be made in writing by April 30 each hereunder. Failure to do so shall be a (3) Elecfrical service for operations year. An applicaTion fee for renewal is violaTion of This Ordinance. Failure to and repairs. not required. Application for renewal comply shall be grounds for refusal to (4) Emergency first-aid equipment fo shall contain a sTaTemenf of any changes granT the permif and also 9rounds for provide adequate ireaimenf for ac- in the information submitted in the last termination of the operation within cidenTS, including fire fighting equip- approvetlpermitapplicationorrenewal. ninety (90) days after passage of This ment. Failure to submii such information Ordinance (5) A source of water, tlisposal ot shall be 9rounds for revocation or for 4.4 Non-Conformance. The Council, water and re-use of wafer. not 9ranTing renewal of the permit. If affer notice given for failure of any (6) Adequate facilities to insure fhat ihere are noT changes, it shall be so , person, party or corporation to comply no vehicle tlesirin9 eniry into the site sTaTed inihe renewal applicaTion. Re- with condiTionsof a permit granted, may may have to wait outside the perimeTer newals may be made by the Adminis- proceed to cause such compliance with for the siTe. Travel routes for irucks to frator, provided the operation is in such requirement and the cosf of such and from the site. conformance with the provisions ~ • ~ under which The permiT was granted. If as ihey may legally be used for some violation of ihis Ordinance and ihe AdminisiraTor is of ihe opinion ihat other purpose permitted in ihe zone in automatically terminaTes ihe variance. ihe operation as conducTed is not in which they are located. (8) A variance shall become void one accordancewiThiheTermsofthepermit, 7.8 Lighting.-The planned lighting of (1) year after iT was granted unless or ihaf ihe renewal applicafion indicates The area and of any other equipmenT or made use of. substantial changes in The operation, the sTructures Thai will be installed or builT 8.5 Appeals. renewal application shall be referred fo- shall be approved by Me Village. (1) The Board of Appeals shall act The Planning Commission, which shall in Turn make its recommendation fo the 7.9 Added Provisians. Such other upon all questions as they may arise in Councilas~owheTherornotanewpublic requirements as ihe Village of Arden The adminisiration of ihis Ordinance, Hills from time To time may find and iT shall hear and decide appeals hearing is required. necessary for ihe healih, safety and from and review any order, 6.2 Revocation. A permit may be revoked in ihe manner provided in ihe SECTIONnB0 nuADMIN'ISTRATION made feby nan eadm n sTratlvemofficl al Zoning Ordinance, and acTion -TOwards 8.1 Enforcing Officer. This Ordinance charged wiTh enforcing This Ordinance. revocation may be iniTiated by the shall be administered and enforced by Such appeal may be taken by any person Council af any time in fhe event it an Adminisirator appointed by the aggrievedorbyanyofficer,depariment, determines that fhe continuance of ihe Village Council. board or bureau of a town, municipaliTy, permitfed use endangers or will en- 8.2 Duties of ihe Adminisirator. county, or state. ~ danger The healih, welfare or safety of (1) Determine if applicafions comply (2) Hearings by ihe Board of Appeals ~ the public. with ihe terms of ihis Ordinance. shall be held within a reasonable time 6.3 Ins ections. Roufine ins ection and evaluation of sites or facilities shall be (z) ConducT inspections of issued and upon such notice to inferested made in such frequency as to insure permits fo determine compliance with parTies as is provided in ihe Ordinance The terms of ihe permit. establishing The board. The board shall consisfent compliance by the siTes or (3) Maintain permanenT and currenT make its order deciding The matter and faclifies wiTh the provisions of }his Or- records of ihis Ordinance, including but shall serve a copy of such order upon the dinance. 7he permittee shall be not limiTed fo applications, maps, appellant or peTifioner by mail. Any provided wifh writfen and documented variances and appeals. party may appear at ihe hearing in notice of any deficiencies, recom- (4) Receive, file and forward all ap- person or by agent or attorney. mendations for iheir correction and The plicaTions to the designated official (3) The Board of Appeals may reverse dafe when ihe corrections shall be ac- bodies. or atfirm wholly or parfly, or may comolishetl. The permittee shall allow (5) Submit a wriTten report on each modify theorder, requiremenT, decision, free access to ihe Adminisirator, Village y Council, or proper represenfative of any pplication as To iTs compliance with to betm de an1lheapremises Pand to that other governmental agency at any time ihis Ordinance. king such in- (6)InstituteinThenameofiheVillage, end srom whom l rhe powers of the of- for ihe specTions. purpose of ma any appropriaTe actions or proceedings fcer f ppeal was Taken againsT violators. antl recommend ihe issuance of a per- SECTION 7.0 PERFORMANCE 8.3 Application Procedure. mit. The reasons for ihe Board's STANDARDS (1) ApplicanT compleTes fhe ap- tlecision shall be SfaTed. The decision of TheholderofapermiThereundershall plicafion provided by ihe Village and such board shall not be final and any operate in accortlance with The following submits same along with ihe documenTS person having an inTerest affected by regulations: required by ihis Ordinance, fo ihe Ad- such decision shall have ihe right to 7.1 Fencing. appeal to fhe disiricT courT. (1) Where collecTions of water on the minisiraTOr. sife are one and one-half (11/2) feeT or (2) The Adminisirafor determines if 8.6 Fees. more in depfh and occupy an area of 700 the applicaTion and supporting (1) The fees for a permit shall be documenTSCOmplywith fheTermsof ihis esTablished by the Village Council. The square feet or more, all public access to Council may review and revise The fee such collections of wafer during The Ordinance. excavation period shall be barred by a (3) If the application is in compliance, schminedule isTrator m periay oitlicassuel ty. the The permit Ad- only fenceorsomesimilarlyeffectivebarrier if is TransmitTed to ihe Planning Com- mission for its consideration at its nexT after the fee has been paid and a of at least six (6) feet in height; regular scheduled meeTing. determination has been made ihat ihe (2) Where slopes steeper ihan one (1) foot (4) The Planning Commission set and application, complies with }he terms of vertical fo one and one-half (1Vz) feet horizonfal exist or will exist tor a conducfs a public hearing in accordance ihis Ordinance. (2) Munici l corporations and period of one (7) monTh or more, ublic with ihe provisions of fhe Zoning Or- Pa P dinance for Special Use PermiTS. governmental agencies shall be exempt access to such slopes shall be barretl by (5) Following the public hearing, ihe from ihe fee requiremenis as prescribed a fence or some similarly effecTive Planning Commission shall forward ihe by ihis Ordinance. barrier oi at least six (6) feet in heighT. application, with iTS recommendations, 8.7 Violations and Penalties. 7.2 Slape of ExcavaTion. Slope ihe to the Council. (1) Violationof This Ordinanceshall be banks, and otherwise properly guard (6) In considering applications, the a misdemeanor and upon convicTOn and keep any pit or excavaTion in such Council shall consider ihe advice and Thereof shall be punishable by a fine of condition as not to be dangerous because recommentlations of the Adminisirator not To exceed $300.00 and-or im. of sliding or caving banks. and Planning Commission and ihe effect prisonment for a period not to exceed 7.3 Set-back. ExTraction and of applicanT's operation upon ihe Total ninety (90) days for each offense. processing shall not be conducted closer environment ot ihe Village. If ihe ap. (2) In ihe event of a violaTion or a fhan fifTy (50) feei fo ihe boundary of any plication is found to meeT The inTent and Threatened violation of ihis Ordinance, area where such operaTions are not in regulations of ihis Ordinance, ihe The Council, or any member ihereof, in process. ExcavaTion and processing Council may insfruct ihe Adminisirator addition toother remedies, may insTitute • shall noT be made closer ihan fif}y (50) to issue a permiT. appropriaTe acTions or proceedings to feet fo ihe right -of-way line of any (7) The Adminisirator shall ihen issue prevent, resirain, correct, or abate such existing or platted sireet, road, or high- way, except ihaT excavating may be a permit fo fhe applicani upon payment violations or threaTened violaTions and it conducted wifhin such limits in order To of the permiT fee. is The duty of The Attorney to institute 8.4 Variances. such action. reduce the elevation Thereof in con- (1) Where }he Council and the Plan- 5?CTION9.0 EFFECTUATION formiTy to The existing or plaTted street, ning Commission finds that ex- 9.1 Separability. I1 is hereby declared road, or highway. traordinary and unnecessary hardships . to be ihe intention ihaT The several 7.4 Noise. All equipment used for may result from sfrict compliance with provisions of This Ordinance are excavaTion and reclamation and . This Ordinance, variances may be separable in accordance with ihe processing, shall be consiructed, ~following: . maintained and operated in such 9ranfed provided ihat such variances ~7~ If an court of com eTent . will not have ihe effect of nullifying ihe Y P manner as to eliminate, as far as is intent and purposeof The Comprehensive iurisdicTion shall adiudge any provision pracTicable, noises and vibrations which Plan, Official Map, Zoning Ordinance or of This Ordinance to be invalid, such are injurious or substantially annoying ihis Ordinance. ludgmeni shall noT affect any other to all persons living in The vicinity. The (2) An application for a variance shall provisions of ihis Ordinance not use of explosives shall require specific be filed with the Administrator siating specifically included in said judgmeni. Village approval, upon reasonable fhe exceptional conditions and ihe (2) If any court of competent jurisd- conditions. peculiar difficulties claimed. ciTion shall adiudge invalid ihe ap- 7.5 Hours of Operation. All operations (3) 7he request shall be referred To ihe plication of any portion of }his Ordinance shall be conducted only between ihe Planning Commission for study con- To a particular sirucTure, site, faciliTy or hours of 7:00 a.m. and 7:00 p.m., excepT cerning ifs eftect on ihe character and operation, such judgment shall not af- in ihe case of public emergency such as development of adiacent areas. The fecT The applicaTion of said pravision To floods or whenever any reasonable or Planning Commission shall make its any oTher stantlards, facility, or necessary repairs to equipment are recommendation wiThin sixTy (60) days operaTion not specifically included in required to be made. to the Council, if no recommendation is said iudgment. 7.6 Dust and Dirt. All equipment shall matle within That time, ihe Council may 9.2 Repeal ar Amendment. This Or- be consiructed, maintained and acf without ihe recommendation. dinance shall supersede The Zoning operated in such a manner as to (4) In considering applications for Ordinance To The exTent That ihis Or- minimize, as far as is pracTicable, dust variances, ihe Council shall consider The dinance is specifically in conflict with conditions which are injurious or sub- advice and recommendations of ihe ihe Zoning Ordinance. This Ordinance sTanTially annoying to persons living in Planning Commission and the effect of shall not supersede the provisions of ihe vicinity. AIl operaTions shall meet fhe proposed variance upon ihe healih, Ordinance No. 97, relating to sanitary ihe standards of ihe State Pollution safety, and general welfare of ihe landfill, since iT is not inTended That ihis Conirol Agency. All access roads on ihe communiTy existing and anTicipated and Ordinance shall apply to sanitary land- siTe operating to public highways, roads The effect of The proposed variance. fill as defined in Ordinance 97, but, or streets or to adioining property shall (5) If The Council shall determine ihat except wifh respect to sanitary landfill, be paved, ireafed or waTered as far as is ihe special conditions applying To The This Ordinance shall supersede Or- practicable, so as To minimize dusT land in quesTion are peculiar to such tlinance No. 97 wherever ihere is a conditions. conflict. 7.7 Appearance. All buildin9s and That ihe Property, and grantidong not of The apply g variance enerally; is 9.3 Effective Date. This Ordinance siructures used for a permitted necessary; }hat granting ihe variance shall be in force and effecT from and operation shall be mainTained in such a will not inanyway impairhealih, safety, afTer the daTe of its passage and manner, as far as is pracTicable and comforf, morals, or in any ofher respecT publication. according to acceptable indusirial be conirary to ihe intent of fhis Or- Passed by the Council ihis 16 day bf practice, as to asure }hat such buildings dinance, and ihat ihe granting of such December, 1971. and sirucTUres will not become variance will not merely serve as a Henry J. Crepeau Jr., Mayor ~ dangerously dilapidated. Weeds and any convenience to ihe applicant, buT is ATTEST: other unsightly or noxious vegetation necessary to alleviafe tlemonstrable Lorraine StromquisT shall be cuT or irimmed as may be hardship or difficulty, ihe Council may Clerk-Adminisirator necessary To preserve a reasonably neaT granT such variances antl impose con- (Bulletin: Dec. 23, 1971) appearance and to prevent seeding on ditions and safeguards iherein. - adjoining properTy. (6) Variances may be denied by Within a period oi ihree (3) monThs motion of the Council and such moTion after fhe termination of a permitted shall constitute a finding and deTer- operation, or within Tfiree (3) monYhs mination ihat The condiTions required for affer abandonmenT of such operaTion for approval do not exist. No application a period of six (6) months (or within for a variance which has been denied Three monihs after expiraTion of a wholly or in parT shall be re-submitted permii), all buildings and strucTUres for a period of six (6) monihs from - incidental To such operaTion shall be the date of said order of denial, except dismanfled and removed by, and aT ihe expense of, ihe operator last operating on grounds of new evidence or proof such buildings and sTrucfures; excepT of change of conditions found to be ihat such buildings and siructures need valid by the Planning Commission. (7l A violation of any condition set not be dismantled antl removed so long forfh in granting a variance shall be a / STATE OF MINNESOTA work may be taxed against the properTy (7) Communication facilities shall be COUNTY OF RAMSEY on which the operaTion is located and provided for emergency purposes. VILLAGE OF ARDEN HILLS become a lien Thereon, or the Village (B) Test results indicaTing the exact ORDINANCE NO.150 nature, quantiTy and source of the AN ORDINANCE FOR THE PURPOSE may, at its option, proceed To collecT OF PROMOTING PUBLIC HEAL7H, such cosis by an action againsT the maTerials to be extracTed, sTored, SAFETY, ORDER CONVENIENCE person, party, or corporation to whom processed or used for fill. such permit has been issuetl and the (9) Plans for drainage, erosion con- AED GU GELATINNERGAL TH WEELFRAERME OV BAY L sureTiesonihebondshallberesponsible c~ol}r~sledimenTation conTrol and tlu51 RN DEPOSITION AND PROCESSING OF for such cosfs. 4.5 Recartls. Accurate daily records of 5.4 Site Rehabilition. SAND, GRAVEL, ROCK, SOIL AND site operations shall be maintained. (1) A comprehensive re-use plan OTHER NATURAL EARTH These records shall contain information showing ihat suitable provision will be MATERIALS IN THE VILLAGE OF perTinent to site operation. Intake of made for the resTorafion of the area so ARDEN HILLS. materials in tons or cubic yards shall be ihat iT will not become a health or safety The Council of the Vtllage of Arden recorded daily in a manner acceptable hazard or a nuisance. Such plan shall Hills does hereby ordain as follows: to the Village, and shall include the type include the final .elevaTions and slope SECTIONI.O SHORTTITLE of materials deposiTed, and the name and plan for the refurn of sub-soil and This Ordinance shall be known, cited andaddressofihesourceofsame. These top soil. Where the Village deems it ~ and referred fo as the Arden Hills Ex- records shall be available aT all Times for practical and necessary such plan 5hall cavaTion Ordinance, excepT as referred review and inspection by the Village. inclutle adjoining related areas where to herein, where it shal I be known as ihis 4.6 Completion. A deTailed descripTion excavations have previausly been made Ordinance. and plan of a complefed land and remain under the conirol of the SECTION 2.0 INTENT AND PURPOSE reclamation or mining siTe shall be filed owner of the land on which the ex- This Ordinance is adopied for the with the Adminisirator within one (1) cavaTing is fo be done or under the purpose of: monih after approval of the operation as conirol of the person or party to do the providing for the economical finally concluded. This description shall excavating. availabiliTy of sand, rock, soil, and include the general Type and location of (Z) Excavations made To a water oTher maTerials vital fo the con- deposited maTerials, the type and producingdepihmusimeetfhefollowing tinued growih of the Villageof Arden number of liffs, original and final terrain requiremen}s: (a) 7he depih must be at leasT ten Hills; descriptions, and other pertinenT establishing reasonable and uniform characterisTics of the completed siTe. (10) feei below the low wafer mark; (b) All banks shall be sloped To the limitations, safeguartls, and con- 4.7 No Consent. Nothing confained in water line at a slope which shall not irols in the Village for the ex- this Ordinance shall be deemed fo be a be steeper ihan one and one-half traction, deposition and processing consenT, license, or permiT to locate, of sand, gravel, rock, soil, and other consirucT, or maintain a siTe, facility or feet horizonTal To one (1) fooT natural earth materials; operation, or to carry on any activity. vertical; SECTION5.0 APPUCATIONS (c) All banks shall be sodtletl or conTrolling noise, dust, hazards, The application for the permit surfaced with soil of a quality ai effecis on adiacent property, and least equal To the topsoil ot land other factors related to the ex- required shall be filed with the Village Clerk AdminisiraTOr. A fee shall ac- areas immediately surrounding and traction, deposiTion and processing company each application. Applications to a depih of at leasT Three (3) in- of nafural materials; shall be reviewed by the Adminisfrator ches; or approved rip-rapping, provitling for the restoration of and referred tothe Engineer or Attorney Where applicabie. excavafion, mining and land if deemed necessary. A minimum of (d) Such Topsoil as required shall reclamation operations after ter- forTy-five (45) days shall be considered be planTetl with Trees, shrubs, mination of such operation Thus reasonable for review before the public legumes, or grasses upon the paris of such area where re-vegetation is making the site compafible with the hearing. possible. surroundings and noT detrimental fo The application and accompanying (3) Excavafions not made to a water- The community; materials shall provide the following producing depTh musT be graded or providing for the conirol of potential informaTion. back-filled and shall meet the following pollutian problems which exist wiih 5.1 Purpose. The purpose of the requiremen}s: exiradion, deposifion and removal, storage or excavation and the processing operaTions. estimaTed Time required To compleTe the (a) Such 9rading or back-filling shal I be made with non-noxious, non- SECTION3.0 DEFINITIONS operations. flammable, non-combustible solids; Unless otherwise indicated herein, 5.2 Existing Conditions. references to the AdmiNSirator are to (1) Iden!ification: The date; nor- (b) Thegraded or back-filled area shall not collect and permif sfagnanf the Arden Hills Clerk-Adminisirator; thpoint, map scale; name and address references To the ATtorney are to the of~. applicant, owner, operator, sur- water to remain iherein; Village ATtorney; to the Board of Ap- veyor, engineer and designer, including Thecareaesha~lkbe r ducedetolansuof peals, and to the Planning Commission iheir license numbers and seals; an are to the same as already established absiractor's cerTificate indicaTing the face which will result in a gently ntl addresses of eriv owners rolling topography in substantial byordinance; referencetothe Council is names a ProP conformity to the land area im- to the Arden Hills Village Council; within 300 feet of the exterior boundary reference to the EngineerisTO the Arden lines of the proposed plat. mediafely surrounding; and which Hills Village Engineer. (2) Description: A correct legal will minimize erosion due to rain- Unless otherwise indicaTed, words descripfion of the tract, giving complete fall; used herein shall be considered as used descripfive data by bearings and (d) Such graded or back-filled with fheir ordinary meaning, but all distances, made and certified to by a area shall be sodded or surfaced wiTh soil of a quality aT least equal to definiTions containeq in the Zoning licensetl land surveyor. The corners of the topsoil of land areas im- Ortlinance shall be applicable herein, the fraci shall also be located on the mediately surrounding, and to a particularly wiTh reference to mining ground and marked by substantial depih of af least ihree (3) inches; and soil processing. monumenis of such size and type as (e) Such Topsoil as required above Land Reclamation: The deposition of approved by the Engineer, and be shall be planTed with irees, shrubs, 400 cubic yards or more ot earih referred and Tied to the nearest one- legumes or grasses upon the parts of materials on a si}e in such manner as To quarter (?ia) section corner and shall be such area where re-vegetation is elevate the gratle. shown. Descriptions, reference ties and possible. SECTION 4.0 ~ RULES elevations of all bench marks. 5.5 Bond. The applicanT shall furnish a 4.7 Mining, processing and land (3)SitedaTa:TOpographicdatawiTha bond in an amount To be set by the reclamation shall be permitted only confour interval of not more ihan iwo (2) Council antl naming the Village as upon issuance of a special use permit. feetandsupplemenTalsofone (1) foot in obligee with a corporate surety duly- ' Unless specifically provided herein, the exTremely flat areas; the datum shall be licensed in the State of Minnesota. The special use permiT shall be one within of the Sth General Atliusiment of 1929. condition of such bond shall be That if The the meaning of the Zoning Ordinance, Watercourses, lakes, marshes, wooded principal fails to obey any of the and subiect to all of the provisions of the areas, rock ouicrops, power iran- requiremenis or do any of the acts Zoning Ordinance. sporTation poles and line, gas lines, required by ihis Ordinance, or for any 4.2 Annual Permit Required. single irees with a diameter of eighT (8) reason ceases to operateor abandons the (1) I1 shall be unlawful for any person, inches or more as measured Three (3) site or facility, and the Village is firm or corporation to remove, store, or feet above the base of the frunk, and required to expend any monies or ex- excavafe rock, sand, dirt, gravel, clay or , other significan} existing feaTures. pend any labor or material to place the oTher material wiThin the Village of The location, right-of-way width and site in the condiTion required by the Arden Hills withouT obTaining a Special names of exisTing or platted sireets or permitorThisortlinance,iheobligorand Use Permit as provided herein. other public ways. Parks and ofher the sureties on its bond shall reimburse (2) A permit hereunder will noT be public lands, permanenT buildings, and the Village for any and all expenses required for the following: siructures, easemenis, section and incurred iherein. The term of the bond (a) The excavation, removal or corporaTe lines within the site and to a shall be co-extensive with the term of the sTOrage of rock, sand, dirt, gravel, disiance 100 feet beyond. permit. clay or oTher material preparatory (4) Geological formations and ground 5.6 Insurance. The licensee shall fo consiruction of a building Thereon water elevaTions fo a depih of aT leasT ten furnish certificates of insurance issued pursuanf to a duly-issued building (10) feet below proposed excavaTion and by insurers duly licensed within the permit; lowestelevationofihesite,includingihe Sfate of MinnesoTa covering public (b) Moving dirt for consiruction of high wafer table. Such data shall be liabilify insurance, including 9eneral roatlsortoprovideforsurfacewafer obtained by soil borings or other ap- liability, automobile liability loading drainage as provided on an ap- propriate means. and unloading, compleTed operaTions proved plaT, or moving dirt for (5) Cross sections shall be included on liability, explosion and collapse of un- landscaping purposes on a lot the plan or on separate sheets showing derground operations, bodily iniury 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 (c) Excavation or dirt removal irenching and fill. person in any one occurrence and bodily ;incidental To consiruction of sewer 5.3 Operation Plans. injury liability in an amounT of at least and water mains, highway con- As parT of the permiT application, $750,000.00 for injuries or death arising sirucfion or other public projecis; plans for the following shall be sub- out of any one occurrence. Property (d) Minor a9ricultural, con- mifted indicating how the iTems shall be damage liabiliTyshall befurnished in the ~ servation iTems, and sod removal. established, consirucfetl or provided for amounf ot at IeasiS500,000.00 for any one 4.3 Existing Operations. Persons, at the siTe. occurrence. parties, or corporations now contlucting (1) Sanitary faciliTies and shelter shall SECTION 6.0 ANNUAL PERMIT operations for which ihis Ordinance be available for siTe personnel, and for 6.1 Terms of Permit and Renewal. requires a permit may continue such mainienance and sforage of site Each permit granted hereunder shall operation but wiThin ihiriy (JO) days of equipment and iheir locations. expire on June 30 ihereafter unless the effective date of this Ordinance, (2) Liiter conTrol devices such as sooner revoked. Application for renewal shall make an application for a permit fences. shall be made in writing by April 30 each hereunder. Failure to do so shall be a (3) Electrical service for operafions year. An applicaTion fee for renewal is violation of fhis Ordinance. Failure to and repairs. noT required. Application for renewal comply shall be grounds for refusal to (4) Emergency first-aid equipmenT To shall contain a staTement of any changes grant the permit and also grounds for provide adequate TreaTmenf for ac- in the information submitTed in the last termination of the operation wiThin cidenTS, incluiiing fire fighting equip- approved permiT applicaTion or renewal. ninety (90) days atter passage of This ment. Failure to submit such information Ordinance. (S) A source of water, disposal of shall be grounds for revocafion or for 4.4 Nan-Conformance. The Council, water and re-use of water. not granTing renewal of the permit. If after nofice given for failure of any (6) Adequate facilities to insure ihat there are not changes, it shall be so person, party or corporaTion to comply no vehicle desiring entry into the site stated inthe renewal application. Re- wiTh contlitionsof a permiT granted, may may have to waii outside the perimeter newals may be made by the Adminis- proceed to cause such compliance with for the site. 7ravel routes for irucks to iraTOr, provitled the operaTion is in such requiremenf and the cost of such and from the site. conformance wiTh the provisiong . . a_ under which the permit was granted. If as they may legally be used for some violation of ihis Ordinance and the AdminisTrator is of the opinion that other purpose permiTted in the zone in automatically Terminates the variance. the operation as conducted is not in which ihey are located. (8) A variance shall become void one accordancewithihetermsofThepermit, 7.8 Lighting.-The planned lighfing of (1) year after it was granted unless or that the renewal applicaTion indicaTes the area and of any other equipment or made use of. substantial changes in fheoperation, the siructures fhat will be insfalled or built 8.5 Appeals. renewal applicafion shall be referred to shall be approved by the Village. (1) The Board of Appeals shall acf the Planning Commission, which shall in furn make its recommendaTion To the 7.9 Added Provisions. Such other upon all questions as ihey may arise in Councilastowhetherornofanewpublic requiremen}s as the Village of Arden the adminisTration of This Ortlinance, hear~ng is required. Hills from Time to Time may find and it shall hear and decide appeals 6.2 Revocation. A permit may be necessary for the healfh, safety and from and review any order, revoked in the manner provided in the prevention of nuisance in the area. requirement, decision, or determination SECTIONB.O ADMINISTRATION made by an adminisTrative official Zoning Ordinance, and action-towartls 8.1 Enforcing Officer. This Ordinance charged with enforcing this Ordinance. revocation may be initiated by the shall be administered and enforced by Such appeal may be taken by any person Council aT any time in the event it an Adminis}rator appoinTed by the aggrievedorbyanyofficer,deparimenT, deTermines That the continuance of the Village Council. board or bureau of a Town, municipaliTy, permitted use endangers or will en- 8.2 Duties of the Adminisirator. county, or sTate. ~ danger the healih, welfare or safety of (1) Determine if applications comply (2) Hearings by the Board of Appeals the public. with the terms of This Ordinance. shall be held within a reasonable Time 6.3 Inspections. Routine inspection and (2) Conducf inspecTions of issued and upon such notice to interested evaluafion of sites or facilities shall be permits To determine compliance with parties as is provided in the Ordinance made in such frequency as To insure the terms of the permiT. - establishing the board. The board shall consistenT compliance by the sites or (3) Maintain permanent and current make its order deciding the maTter and faclities with the provisions of ihis Or- records of this Ordinance, including buT shallserve a copy of such order upon the dinance. The permiTtee shall be not IimiTed to applications, maps, appellant or petiTioner by mail. Any provided with written and documenTed variances and appeals. parTy may appear aT the hearing in notice of any deficiencies, recom- (4) Receive, file and torward all ap- person or by agenT or aTtorney. mendafions for Their correction and the plicaTions To the designaTed official (3) The Board of Appeals may reverse date when the correcfions shall be ac- bodies. or affirm wholly or partly, or may complished. The permittee shall allow (5) Submit a written reporT on each moditytheorder, requirement,decision, freeaccessto iheAdminisirator, Village application as to its compliance with or determination as in iTs opinion ought Council, or proper representaTive of any ihis Ordinance. to be made in the premises and to ihat other governmental agency at any time (6) InstiTUte inihenameoi the Village, end shall have all the powers of the of. for the purpose of making such in- any appropriaTe actions or proceedings ficer from whom the appeal was taken specTions. and recommend the issuance of a er- SECTION 7.0 PERFORMANCE againsf violators. P STANDARDS 8.3 Application Procedure. mit. The reasons for the Boartl's (1) Appl icant completes the ap- decision shall be stafed. The decisian of The holder of a permiT hereunder shall plication provided by the Village and such board shall not be final and any operate in accordance with the following submiTS same along with the documents person having an inTerest affectetl by regulations: such decision shall have the right to 7.1 Fencing. required by ihis Ordinance, to the Ad- (1) Where collecfions of water on the minisTrator. appeal to the disiricT courf. sife are one a~d one-half (1~/z) feet or (4) The Atlminisirator determines if 8.6 Fees. more in depfh and occupy an area of 700 the application and supporTing (1) The fees for a permit shall be square feet or more, all public access to documenis comply with the terms of this established by the V illage Council. The Ordinance. Council may review antl revise the fee such collections of water during the schedule periodically. The Ad. excavation period shall be barred by a (3) If the application is in compliance, minisTraTOr ma issue the iT onl it is iransmiTted to the Planning Corn- Y Perm Y fence orsomesimilarly effective barrier mission for ifs consideration at its next after the fee has been paid and a of at least six (6) feef in height; regular scheduled meeting. deTerminaTion has been made ihaf the (2) Where slopes sTeeper fhan one (1) (4) The Planning Commission set and application, complies with the terms of foot vertical To one antl one-half (11/2) ihis Ordinance. feet horizonfal exist or will exist for a conducis a public hearing in accordance with the provisions of the Zoning Or- (2) Municipal corporations and period ot one (1) monih or more, public dinance for Special Use Permits. governmental agencies shall be exempt access to such slopes shall be barred by (5) Following the public hearing, the from the fee requiremenis as prescribed a fence or some similarly effecTive Planning Commission shall forward the by This Ordinance. barrier of at leasT six (6) feeT in height. applicaTion, with its recommendafions, 8.7 Violations and Penalties. 7.2 Slope of Excavation. Slope the to the Council. (1) ViolationofThisOrdinanceshallbe banks, and otherwise properly guard (6) In considering applications, the a misdemeanor and upon convicton and keep any pit or excavation in such Council shall consider the advice and fhereof shall be punishable by a fine of condition as noT to be dangerous because recommendations of the Administrator not to exceed $300.00 and-or im- of sliding or caving banks. and Planning Commission and the effect prisonment for a period noT to exceed 7.3 Set-back. Exfraction and of applicanYS operaTion upon the Total nineTy (90) days for each offense. processing shall not be contlucted closer environmenT of the Village. If the ap- (2) In the evenf of a violaTion or a ihan fifTy (50) feet to iheboundary of any plication is found to meet the inTent and threatened violation of This Ordinance, area where such operations are not in regulations of This Ordinance, the the Council, or any member ihereof, in process. ExcavaTion and processing addition to other remedies, ma institute shall noT be made closer fhan fifT (50) Council may insiruct the Administrator Y Y to issue a permit. appropriate acTions or proceedings ta . feet fo the right-of-way line of any (7) The Administrator shall ihen issue prevent, resirain, correcT, or abate such existing or plaTted sireef, road, or high- a permit To the applicant upon payment violations or threaTened violations and iT way, except ihaT excavafing may be of the permit fee. is the duty of the AtTOrney To instituTe conducted wifhin such limits in order to 8.4 Variances. such action. reduce the elevation ihereof in con- (1) Where the Council and the Plan- SECTION9.0 EFFECTUATION formity to the existing or plaTted sTreeT, ning Commission finds ihaT ex- 9.1 Separability. IT is hereby declared road, or highway. iraordinary and unnecessary hardships to be the intention ihat the several 7.4 Noise. All equipment used for may resulT from sirici compliance wiih provisions of ihis Ordinance are excavaTion and reclamation and ihis Ortlinance, variances may be separable in accordance with the processing, shall be constructed, grantetl provided ihat such variances following: maintained and operaTed in such will not have the effecT of nullifying the (1) If any court of compeTent manner as fo eliminate, as far as is intent and purposeof the Comprehensive iurisdiction shall adjudge any provision pracTicable, noises and vibrations which Plan, Official Map, Zoning Ordinance or of this Ordinance to be invalid, such are iniurious or substanTially annoying this Ordinance. iudgmenT shall not affect any other to all persons living in the vicinity. The (2) An application for a variance shall provisions of ihis Ordinance not use oi explosives shall require specific be filed wifh the AdminisTrator sTating specifically included in said judgmenT. Village approval, upon reasonable the exceptional condiTions and the (2) If any court of competent iurisd- conditions. peculiar difficulTies claimed. ciTion shall adludge invalid the ap- 7.5 Hours of Operation. All operaTions (3) The requesT shall be referred to the plicaTion of any portion of ihis Ordinance shall be conducted only between the Planning Commission for study con- To a particular STructure, site, facility or hours of 7:00 a.m. and 7:00 p.m., excepf cerning iTS effecT on the character and operation, such judgment shall not af- in the case of public emergency such as development of adiacenT areas. 7he fect the application of said provision fo floods or whenever any reasonable or Planning Commission shall make iTS any other standards, facility, or necessary repairs To equipment are recommendation within sixty (60) days operation not specifically included in required fo be made. To the Council, if no recommendation is said iudgment. 7.6 Dust and Dirt. All equipment shall made within ihaT time, the Council may 9.2 Repeal or Amendment. This Or- be consTructed, mainTained and acT withouf the recommendation. dinance shall supersede the Zoning operated in such a manner as to (4) In considering applications for Ordinance to the exTent thaT this Or- minimize, as far as is practicable, dust variances, the Council shall consider the . tlinance is specifically in conflict with condiTions which are iniurious or sub- advice and recommendaTions of the the Zoning Ordinance. This Ordinance stantially annoying To persons living in Planning Commission and the effect of shall not supersede The provisions of the vicinity. AIl operations shall meet the proposed variance upon the healih, Ordinance No. 97, relating to saniTary the sTandards of the State PolluTion safeT and land/ill, since it is not intended That ihis ConTrol Agency. All access roads on the Y~ 9eneral welfare of the Ordinance shall a I to saniTar land- community existing and anTicipated and PP Y V site operating To public highways, roads the effecT of the proposed variance. fill as defined in Ordinance 97, buf, or s}reeTS or to adloining properTy shall (S) If the Council shall determine that except with respect to sanitary landfill, be paved,ireaTed or watered asfar as is the special condiTions applying to the this Ordinance shall supersede Or- practicable, so as fo minimize dust land in quesTion are peculiar to such dinance No. 97 wherever there is a conditions. conflict. ~ ~ A properTy, and do noT apply generally; ppearance. All buildings and That the granting of the variance is 9.3 Effective Date. This Ordinance sfruciures usetl for a permiTted necessary; fhat granTing the variance shall be in force and effect from and operation shall be mainTained in such a will not in anyway impair healTh, safeTy, afTer the date of ifs passage and manner, as far as is practicable and comfort, morals, or in any other respecT publicaTion. according to acceptable indusirial be conirary to the intenT of This Or- Passed by the Council ihis 16 day of pracTice, as fo asure ihat such buildings dinance, antl fhat the granting of such December, 1971. ~ and sfructures will noi become variance will not merely serve as a Henry J. Crepeau Jr., Mayor dangerouslydilapidafed.Weedsandany convenience To the applicant, but is ATTEST: other unsightly or noxious vegeTation necessary To alleviate demonsirable Lorraine Siromquisf shall be cut or Trimmed as may be hardship or difficulty, the Council may Clerk-Adminisirator necessary to preserve a reasonably neaf granT such variances and impose con- (BUlletin: Dec. 23, 1971) appearance antl to prevenf seeding on ditions and safeguards iherein. - adjoining property. (6) Variances may be denied by Within a period of ihree (3) monihs moTion of the Council and such motion after the termination of a permitted shall constiTUfe a finding and deTer- operafion, or within Three (3) monihs minaTion ihatihe conditions required for aiter abandonment of such operation for approval do noT exist. No application a period of six (6) monihs (or within for Three monihs after expiration of a a variance which has been denied permit), all buildings and siructures Wholly or in part shall be re-submitted incidental to such operaTion shall be for a period of six (6) monihs from the tlate of said order of denial, excepT dismanfled and removed by, and at the on grounds expense of, the operator last operating of new evidence or proof such buildings and sirucfures; except of change of condifions found to be valid by the Planning Commi55ion. that such buildings and sTructures need (7) q violation of any condition set not be dismanTled antl removed so long forTh in granting a variance shall be a