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3 <br />LA515\1\1066805.v2 <br />4. The topsoil as required by subsection (c)(1)c of this section shall be planted <br />with trees, shrubs, legumes or grasses upon the parts of the area where re- <br />vegetation is possible. <br />5. Slopes on boundary areas shall not be steeper than four feet horizontal to <br />one foot vertical. <br />2. Excavations not resulting in water areas after rehabilitation, but which must be <br />graded or backfilled, shall meet the following requirements: <br />1. The grading or backfilling shall be made with non-noxious, non-flammable, <br />non-combustible solids. <br />2. The graded or backfilled area shall not collect or permit stagnant water to <br />remain in the graded or backfilled area. <br />3. The peaks and depressions of the area shall be reduced to a gently rolling <br />topography in substantial conformity to the land area immediately <br />surrounding and which will minimize erosion due to rainfall. <br />4. The graded or backfilled area shall be sodded or surfaced with soil of a <br />quality at least equal to the topsoil of land areas immediately surrounding, <br />and to a depth of at least three inches. <br />5. The topsoil as required by subsection (c)(2)d of this section shall be planted <br />with trees, shrubs, legumes, or grasses upon the parts of the area where re- <br />vegetation is possible. <br />6. New slopes on boundary areas shall not be steeper than four feet horizontal <br />to one foot vertical. <br />SECTION 3. The City Council of the City of Lake Elmo hereby ordains that Title 9, Section <br />9.08.020 of the City’s Code of Ordinances is amended as follows (proposed language is <br />underlined, deleted language is shown with strikethrough): <br />9.08.020 Permit <br />1. Permit required. It shall be unlawful for any person, partnership, company, corporation, or <br />association to engage in commercial lumbering or harvesting of forest products or to <br />remove any trees on any forested area within the city without first obtaining a permit from <br />the council. <br />2. Application and review. The applicant shall submit an application together with the <br />required fees to the planning commission. Property owners within 350 500 feet shall be <br />notified by certified mail ten days prior to the date the planning commission considers the <br />request. The planning commission shall consider the request at its next regularly scheduled <br />meeting, but not earlier than ten days from the date of submission. The petitioner or <br />petitioner's representative shall appear before the planning commission in order to answer <br />questions concerning the proposed permit. The planning commission shall make its <br />recommendation to the council within 60 days after the submission of the application. The <br />council must take action on the application within 60 days of receiving the recommendation <br />of the planning commission. If it grants the permit, the council may impose conditions it <br />considers necessary to protect the health, safety, morals, or general welfare of the city and <br />to ensure the use is in harmony with the general purpose of the intent of LEC 9.08.010 et