Title 009 Oct 2023 - Laserfiche WebLink

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10/16/23, 9:58 AM Print Preview https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=TITLE_9_GENERAL_REGULATIONS 4/72 e.The topsoil as required by subsection (c)(2)d of this section shall be planted with trees, shrubs, legumes, or grasses upon the parts of the area where re- vegetation is possible. f.New slopes on boundary areas shall not be steeper than four feet horizontal to one foot vertical. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.04.050 Operating Conditions The owner of the premises must meet all of the following conditions: (a)Fence. The applicant must properly fence any pit or excavation. (b)Slope of excavation. The applicant must slope the banks, and otherwise properly guard and keep any pit or excavation in a condition not to be dangerous because of sliding or caving banks. (c)Setbacks. The applicant must refrain from mining below grade closer than 30 feet to the boundary of any zone where the operations are not permitted, or closer than 50 feet to the boundary of an adjoining property line, unless the written consent of the owner in fee of the property is first secured in writing and filed with the administrator. The applicant must refrain from excavating below road grade closer than 50 feet to the right-of-way line and any existing or platted street, road, or highway, except that excavating may be conducted within the limits in order to reduce the elevation of the right-of-way line or existing or platted street, road, or highway in conformity to the existing or proposed street grades. The applicant must refrain from excavating below any maximum depth designated by the council. (d)Inspection fee. An annual inspection fee shall be paid to the city. The minimum annual inspection fee shall be set forth from time to time by resolution of the council. The annual inspection fee shall be based on the actual reasonable costs which are incurred by the city in providing periodic inspections and administering the provision of the annual permit. The council shall estimate these charges at the time the annual permit is issued and the applicant shall make a cash deposit with the city equal to the estimate at the time the annual permit is issued. Any surplus at the expiration of the annual permit shall be refunded to the applicant or, if the costs exceed the estimate, the applicant shall pay the additional costs. (e)Survey. The applicant must furnish a survey by a certified registered surveyor showing the boundaries of the property. (f)Bond. The applicant must post a bond in the amount as set forth from time to time by resolution of the council. The bond must be conditioned to pay the city the cost and expense of repairing any highways, streets, or other public ways and the restoration of other sites within the city made necessary by the special burden resulting from hauling and transporting on the roadways by the applicant in the removal of rock, sand, dirt, gravel, clay, or other material. The bond must be conditioned further to comply with all the requirements of this section and the particular permit (including provisions relating to completion of operations and restoration of the site). Additionally, the bond must save the city free and harmless from any and all suits or claims for damage resulting from the negligent excavation, removal, or storage of rock, sand, dirt, gravel, clay, or other material within the city boundary. (g)Insurance. The applicant must carry bodily injury and property damage, public liability insurance in the amount of $100,000.00 for any one person and $300,000.00 for any occurrence including blasting insurance, naming the city as an additional insured.