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HomeMy WebLinkAbout1972.06.19 ORD 1972-107. ORDINANCE NUMBER 107 AN ORDINIU4CE ESTABLISHING MINING REGULATIONS TO PROVIDE FOR ORDERLY, L ONOAIC A:1D SAFE REMOVAL OF SAND, GRAVEL, ROCK, SOIL, A_4D OTHER AATURAL DEPOSITS A:JD TO PROMOTE THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE IW THE' VILLAGE OF HUGO, WASHINGTON COUNTY, MINNESOTA. The Village Council of the Village of Hugo, Washington County, Minnesota, hereby ordains: Section 1. ADOPTION OF MODEL MINING REGULATION CODE. It is nereby adopted for the purpose of regulating the removal of sand, gravel, rock, soil and natural deposits, the Model Mining Regulation Code for cor,uuunities in Washington County, as adopted on April 25, 1972, by the Washington County Planning Advisory Commission, of which not less than three copies are on file in the office of the Village Clerk. That said Model Mining Regulation Code is hereby adopted in its entirety except as herein modified. Section 2. EXISTING CODES. The provisions of the Model Mining Regulation Code are in addition to and not in replacement of the pro- visions of the Zoning Ordinance. Any provisions of the Zoning Ordinance relating to mining shall remain in full force and effect except as they may be contrary to the provisions of this Model Mining Regulation Code, as modified herein. Section 3. REPEAL OF C014PLICTING ORDINANCES. Any and all Ordi- nances, or parts thereof, in force at the time tris Ordinance takes . effect and that would include provisions that are inconsistent with any provision of the Model Mining Regulation Code, as modified and adopted, are hereby repealed to the extent of said inconsistent provisions. Section 4. AMENDMENTS TO MODEL MINING REGULATION CODE. The following are amendments made in the provisions of the Model Mining Regulation Code adopted by reference herein: A. In 202.01 (1), delete in its entirety, and insert in lieu thereof, --(1) Community. Village of Hugo, Washington County, Minnesota. -- B. In 202.01 (3), delete in its entirety, and insert in lieu thereof, --(3) Governing Body. Village Council of the Village of Hugo, Washington County, Minnesota.-- C. In 202.01 (4), after "storage" and immediately pre- ceding "of" insert, --and processing including crushing, washing, com- pounding, or treating -- D. In 202.01 (S), after "material" and preceding "for" insert, --on the property -- E. Delete 202.01 (6) in its entirety, and insert in lieu thereof, --Mining shall not include the removal or moving of materials for construction of roads, sewer lines, storm sewers, water mains, surface water drainage systems, provided said removal or moving is conducted within established right-of-way or easements. -- F. In 202.01, add the following, --(7) Mining shall not include moving of materials for minor agricultural purposes, conservation purposes, or sod removal tnat does not materially change the existing typography. -- G. In 202.01, add the following, --(8) Mining shall not include the moving of dirt for landscaping purposes on a lot used for residential purposes, or to be used for resi- dential purposes when a building permit has been issued. -- H. In 202.01, add the following, --(9) Mining shall not include the temporary storage of sand, gravel, rock, soil, clay or other natural deposits for retail sale in a zoning district other than agricultural or residential. - I. In 302, after "90 days" insert, --from the effective date of this Ordinance -- J. In 303, add the following, --For issuance of the annual permit after the first annual permit, the Governing Body in its discretion may waive the requirement of public hearing and notice when it determines there has been no substantial. change in the circumstances of operation during the expiring permit period.-- K. In 402, immediately following "notice" and immediately preceding "of" insert, --to the permit holder -- And delete "has not been repaired within a reasonable time, and not less than two weeks," and insert in lieu thereof, --is not immediately repaired, -- L. In Section 5, add the following subdivision, -503 A continuing nuisance shall be a valid basis for termination of the permit. -- M. In 602 (3), delete in its entirety, and insert in lieu thereof, --Names of adjacent landowners including all those within one-half (h) mile of the boundary of the land described where the mining shall occur. -- N. In 603, immediately following "practices" insert the following, -, or both if applicable-- _. In 603.02 (5), delete "Section 5" and insert in lieu thereof, --Section 603.02 (4)-- P. In 701.01, add the following, --(3) Where any other unsafe condition occurs, access thereto may be ordered barred by appropriate means, or where required by the Governing Body as a condition of the permit. -- In 701.06, immediately following "applicant" and immediately preceding "in the removal" insert the following, --by others on behalf of applicant, or purchasers from the applicant-- R. In 701.07, delete "$100,000.00", and insert in lieu thereof, --$250,000.00-- And delete "$300,000.00" and insert in lieu thereof, --$500,000.00-- S. In 701.09, delete "7 P.M., except no trucking shall be allowed on Saturdays, Sundays, or holidays." and insert in lieu thereof, --7:00 P.M., Monday through Saturday, and no operation shall be allowed on Sundays or holidays. -- And delete the second sentence and insert in lieu thereof, --In case of demonstrated 'hardship, the Governing Body may allow exceptions to the limitation on the hours of operation. -- T. In 701.15, after "Governing Body" insert, --may make as a condition of issuing the permit, or -- U. In 801, delete "subject to fine and/or imprisonment" and insert in lieu thereof, --punished by a fine of $300.00, or shall be imprisoned in the County Jail not to exceed ninety (90) days, or both, plus the costs of prosecution in any case. -- Section 5. EFFECTIVE DATE. This Ordinance shall be and is hereby declared to be in full force and effect from and after its date from its passage and publication according to law. Passed by the Village Council of the Village of Hugo, Washington County, Minnesota, this 19th day of June, 1972. Published in the White Bear Press on the day of June, 1972. MODEL. MINING REGULATION CODE for COMMUNITIES in WASHINGTON COUNTY As Adopted by the Washington CouAty Planning Advisory Commission April 25, 1972 TABLE OF CONTENTS Introduction. ...:..0 ..................00.0. i SECTION 1. Purpose ..................... 1 SECTION 2. Definitions ................. 1 201. Rules ...................... 1 202. Definitions .................. 1 SECTION 3. Annual Permit Required...... 3 SECTION 4. Termination of Permit........ 3 SECTION 5. Nuisance Defined............ 3 SECTION 6. Application .................. 4 SECTION 7. Operating Conditions.......... 6 SECTION 8. Violation and Penalties....... 9 SECTION 9. Validity ...................... 9 Suggested Ordinance For Adopting Model Mining Regulation Code....................10 IL 3 INTRODUCTION Gravel and other mineral deposits are a valuable resource, available in generous quanities in Washington County. This code was developed to establish con- ditions whereby these mineral deposits, primarily gravel, will be made available for general use. This code also provides guidelines for restoring the land to a usable, attractive condition after the mining operation is finished. In order to conduct a mining operation, it is necessary for the owner to have a Special Use Permit for the land covering the expected life of the mine (up to a • maximum of five years). It is also necessary for the owner and/or operator to have a mining permit, issued annually, as covered by this Ordinance. A single hearing is preferred for the initial mining permit and the Special Use Permit. Subsequent annual hearings for the mining permit give an opportunity for the community, the operator and the neighbors to talk over any problems that may exist. It is hoped that most communities in Washington County will adopt this Model Code with a minimum of modifications to minimize differences in the way mining is regulated within Washington County. IL SECTION 1. PURPOSE 101. For the health, welfare, safety, and optimum land development, it is necessary to regulate the removal of sand, gravel, rock, soil and other natural deposits in Washington County. Other purposes include the following: (1) To provide for the economical availability of sand, gravel, rock, soil, and other materials vital to the continued growth of the com- mun ity. (2) To establish reasonable and uniform limitations, safeguards, and controls in the community, for the future production of sand, gravel, rock, soil, and other natural resources. (3) To control noise, dust, hazards, effect on adjacent property, and other factors related to the active mining and/or excavating opera- tion. (4) To provide for control of the extent of excavation compatible with the surroundings; and for the restoration of the mining area after termination of the removal operation to make the site compatible with the surroundings. (5) To control pollution by erosion or sedimentation. SECTION 2. DEFINITIONS 201. Rules. 201.01. Words used in the present tense include the past and future tense; the singular number includes the plural and the plural includes the singu- lar; the word (shall) is mandatory, and the word (may) is permissive. 201.02. In the event of conflicting provisions in the text of this Regulation,. the most restrictive shall apply. 202. Definitions. 202.01. For the purpose of these regulations, certain terms and words are hereby defined as follows: (1) Community. City, Township or Village. -1- (2) Engineer. The registered engineer employed by the community unless otherwise stated. (3) Governing Body. The Town Board, City or Village Council. (4) Mining shall include the excavation, removal or storage of sand, gravel, rock, soil, clay and other natural deposits within the community. (5) Mining shall not include the excavation, removal or storage of rock, sand, dirt, gravel, clay or other material for the purpose of the foundation, cellar or basement of some pending structure, for which a permit has been issued and which is to be erected immediately following the excavation, removal or storage. (6) Mining shall not include the removal or moving of materials for construction of roads, sewer lines, storm sewers, water mains, surface water drainage, agriculture or conservation purposes and sod removal. Nor shall. mining include the moving of dirt for landscaping purposes on a lot used or to be used for residential purposes. -2- SECTION 3. ANNUAL PERMIT REQUIRED 301. It shall be unlawful for any person, partnership, company or cor- poration to engage in mining within the community or for an owner to permit a person to mine on his property, without first having obtained a permit from the Governing Body. 302. Persons, partnerships, or corporations now conducting operations governed by this Ordinance and for which this Ordinance requires a permit may continue such operations, but within 60 days of the effective date of this Ordi- nance shall make application for a permit, and failure to do so shall be a vio- lation of this Ordinance; however, on request and for cause, the Governing Body may extend the time for the initial application to 90 days. If application is not made within the required time, all mining operations shall be terminated. 303. The annual permit shall be issued only after a public hearing following ten days posted and published notice and notification of adjoining landowners. Any issued permit shall be posted by the applicant at the exca- vation site. 304. A permit, when issued, shall be valid for one year unless termi- nated pursuant to Section 4. SECTION 4. TERMINATION OF PERMIT 401. The governing body may terminate a mining permit for violation of this Ordinance or a condition of the permit, or for other cause. 402. To terminate a permit, the Governing Body shall give notice of the violation or other cause for the termination along with an order that the condition be remedied. If the condition has not been repaired within a reasonable time, and not less than two weeks, the Governing Body shall hold a hearing to deter- mine whether the permit should be terminated. 403. No mining shall take place after the permit is terminated pursuant to this section. SECTION 5. NUISANCE DEFINED 501. Where unsafe conditions or conditions in violation of this Ordinance or the permit exist, said conditions are hereby declared to be a nuisance, and the Governing Body may give notice to the operator or owner to abate the same. 502. If after a reasonable time for repair of the condition, it still exists, -3- the Governing Body may abate the nuisance and the costs of such work may be ' taxed against the property and become a lien thereon. SECTION 6. APPLICATION 601. The application for the permit required in Section 3 hereof shall be filed with the community clerk for presentation to the Governing Body. A fee of $25.00 shall accompany each application. Application for renewal permit must -be made forty-five days prior to the termination of the previous permit. The application shall be made in the name(s) of the operator of the mine and the owner of the land to be mined. 602. The application shall contain: (1) The name and address of the operator and owner of the land. (2) The correct legal description of the rroperty where the mining shall occur. (3) Names of adjacent landowners including all those within a one- half (2) mile radius. (4) A map of the property where the mining is to occur that clearly indicates the property lines and the limits of the proposed exca- vation. Topographic data, including contours at vertical intervals of not more than five (5) feet except where the horizontal contour interval is one hundred (100) feet or more, a two (2) foot ver- tical interval shall be shown on this map. Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown.. U. S.G.S. datum shall be used for all topographic mapping where feasible. (5) The purpose of the removal, storage or excavation. (6) The estimated time required to complete the removal, storage, or excavation. (7) The plan of operation, including soil processing (any operation other than direct mining and removal), nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water. (8) The travel routes to and from the site. (9) The plans for drainage, water and wind erosion control, sedi- mentation and dust control; these plans shall be in conformity with the recommendations of the Washington County Soil and Water Conservation District Office. (10) A map or plat of the proposed pit or excavation showing the confines or limits thereof together with the proposed finished elevations based on 1929 sea level datum readings. Where the finished elevations prohibit natural drainage, certified soil borings shall be included through the proposed excavation. (11) A comprehensive plan showing that suitable provision will be made for the restoration of the excavated area so that it will not become a health or safety hazard or a nuisance, such plan to include anticipated final elevations, slope and a plan for the return of sub -soil and topsoil. Where the Governing Body deem it practical and necessary, such plan shall include ad- joining related areas where excavations have previously been made and remain under the control of the owner of the land on which the excavating is to be done or under the control of the person other than the owner to whom the permit is to be issued. 603. The applicant shall abide by one of the two following operating and land rehabilitation practices: 603.01. Excavations resulting in the accumulation of substantial water areas after rehabilitation must meet the following requirements: (1) The water depth must not be less than three (3) feet measured from the low water mark; (2) All banks shall be sloped to the water line at a slope which shall not be steeper than four (4) feet horizontal to one (1) foot vertical; (3) All banks shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least three inches; (4) Such topsoil as required by subsection 3 above shall be planted with trees, shrubs, legumes or grasses upon the parts of such area where re -vegetation is possible; (5) Slopes on boundary areas shall not be steeper than four (4) feet horizontal to one (1) foot vertical. 603.02. Excavations not resulting in water areas after rehabilitation but which must be graded or back-filled, shall meet the following requirements: -5- (1) Such grading or back -filling shall be made with non -noxious, non-flammable, non-combustible solids; (2) The graded or back-filled area shall not collect or permit stag- nant water to remain therein; (3) The peaks and depressions of the area shall be reduced to a gently rolling topography in substantial conformity to the land area immediately surrounding and which will minimize erosion due to rainfall; (4) Such graded or back-filled area shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth of at least three (3) inches; (5) Such topsoil as required by Section 5 above shall be planted with trees, shrubs, legumes or grasses upon the parts of such area where re -vegetation is possible; (b) New slopes on boundary areas shall not be steeper than four (4) feet horizontal to one foot vertical; (7) The maximum depth of excavation may be regulated by the Governing Body. SECTION 7. OPERATING CONDITIONS 701. As a condition of the permit issuing, the Governing Body shall require the applicant or the owner of the premises to comply with the following; 701.01. Fencing. Properly fence any pit or excavation. (1) Where collections of water are 1 1/2 feet or more in depth; all access to such collections of water may be ordered barred by appropriate means. (2) Where excavation -slopes steeper than one (1) foot vertical to one and one-half (12) feet horizontal exists for a period of five working days, access to such slopes may be ordered barred by appropriate means. 701.02. Slope of Excavation. Slope the banks, and otherwise properly guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. 701.03. Set -Backs. Refrain from mining below grade closer than 30 feet to the boundary of any zone where such 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 such property is first secured in writing and filed with the community clerk. 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 such limits in order to reduce the elevation thereof in conformity to the existing or proposed street grades. 701.04. Inspection Fee. An annual inspection fee to cover the cost of periodic inspection shall be paid to the community. The method of determining the inspection fee shall follow one of the two schedules as outlined below. The schedule to be followed shall be designated by the Governing Body at the time the annual permit is approved. The minimum annual inspection fee shall be $100.00. SCHEDULE A: The annual inspection fee shall be based on the actual and estimated costs which are incurred by the community in providing periodic inspections and administering the provision of the annual permit. These costs may include both actual cost incurred by the community such as charges made by an engineering firm or for legal services and indirect, internal, actual and computed costs incurred by the community such as mileage or computed charges for time spent by community officials or their staff. The Governing Body shall estimate these charges at the time the annual permit is issued and the applicant shall make a cash deposit with the community equal to their estimate when the annual permit is issued. If at the expiration date of the annual permit there are any funds still avail- able they will be refunded to the applicant or if the cost exceeds the estimate the applicant shall pay the additional cost. SCHEDULE B: The annual inspection fee shall be based on the amount of material which is removed from the site. The charge shall be fixed at the rate of 10 per cubic yard of material re- moved with a maximum fee of $3,000.00. The Governing Body based on the estimates of the applicant shall estimate the annual inspection fee which shall be paid by the appli- cant according to a payment schedule as determined by the Governing Body. The applicant shall keep records of all material removed from the site and these records shall be made available to the Governing Body for their review. On the expiration date of the annual permit the applicant shall -7- submit to the Governing Body a complete record of all material removed for that year and pay any additional in- spection fees as determined by the Governing Body based on the fixed rate as setforth in this schedule. 701.05. Survey. Furnish a survey by a registered surveyor showing the boundaries of the property. 701.06. Bond. Post a bond, cash deposits or other security, in such form and sum as the Governing Body may require, running to the community, conditioned to pay the community the cost and expense of repairing any highways, street, or other public ways and the restoration of other sites within the community made necessary by the special burden resulting from hauling and transporting thereon by the applicant in the removal of rock, sand, dirt, gravel, clay or other material, and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the community 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 community boundary. 701.07. Insurance. Carry bodily injury and property damage, public liability insurance in the amount of $100,000 for any one person and $300,000 for any occurrence including blasting insurance naming the community as an additional in- sured. 701.08. Noise. Maintain and operate all equipment in such manner as to eliminate, as far as is practicable, noises and vibrations, in accordance with State and County standards. 701.09. Hours of Operation. Conduct operations only between the hours of 7:00 A.M. and 7:00 P.M., except no trucking shall be allowed on Saturdays, Sundays, or holidays. In the case of public emergencies such as floods or when- ever any reasonable or necessary repairs to equipment are required the Governing Body may allow an acception to this requirement. 701.10. Dust and Dirt. Construct, maintain and operate all equipment in such a manner as to minimize dust conditions. All operations shall meet the standards of the State Pollution Control Agency. 4 701.11. Appearance. Maintain buildings and plants in a safe condition in accordance with acceptable industrial practice. Weeds shall be controlled. 701.12. Removal of Structures. Within a period of three months after the termination of a sand and gravel operation, or within three months after abandonment of such operation for a period of six months (or within three months after expiration of a sand and gravel permit), dismantle or remove buildings, structures and plants incidental to such operation; except that such buildings, structures and plants need not be dismantled and removed so long as they are legally being used for the pro- duction of processing of sand and gravel or for some other purpose permitted in the zone in which they are located. 701.13. Lighting. Set forth the planned lighting of the area and any other equipment or structures that will be installed or built. 701.14. Sewer. Provide for adequate drainage to sanitary sewer and storm sewer' including lift stations, if necessary. 701.15. Added Provisions. Comply with such other requirements as the Governing Body from time to time may find necessary for the health, safety, wel- fare and prevention of nuisance in the area. 701.16. Variance. The standards which apply to these permits may be varied by the Governing Body according to the structure and size of the operation, and to factors presented by the applicant. SECTION 8. VIOLATION AND PENALTIES 801. Any firm, person or corporation who violates any of the provisions of these regulations shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to fine and/or imprisonment. Each day that a violation is per- mitted to exist shall constitute a separate offense. SECTION 9. VALIDITY 901. It is hereby declared to be the intention that the several provisions of this regulation are separable in accordance with the following: (1) If any court of competent jurisdiction shall adjudge any provision of this regulation to be invalid, such judgment shall not affect any other provision of this regulation not specifically included in said judgment. (2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this regulation to a particular property such judgment shall not affect other property. SUGGESTED ORDINANCE FOR ADOPTING MODEL MINING REGULATION CODE ORDINANCE NO. AN ORDINANCE ESTABLISHING MINING REGULATIONS TO PROVIDE FOR ORDERLY, ECONOMIC AND SAFE REMOVAL OF SAND, GRAVEL, ROCK, SOIL AND OTHER NATURAL DEPOSITS AND TO PROMOTE THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE IN THE OF , WASHINGTON COUNTY, MINNESOTA. The of the Washington County, Minnesota, Ordains: of , SECTION 1. ADOPTION OF MODEL MINING REGULATION CODE. It is hereby adopted for the purpose of regulating the removal of sand, gravel, rock, soil and natural deposits, the Model Mining Regulation Code for communities in Washington County as adopted on April 25, 1972, by the Washington County Planning Advisory Commission, of which not less than three copies are on file in the office of the Clerk. That said Model Mining Regu- lation Code is hereby adopted in its entirety except as herein modified. SECTION 2. DEFINITIONS. A. 402.01. (8) Community. Whenever the word "community" is used it shall mean the of , Washington County, Minn. B. 402 01. (2 1) Governing Bo y. Whenever the words "governing body" are used they shall mean the of the of , Washington County, Minnesota. SECTION 3. EXISTING CODES. The provisions of the Model Mining Regulation Code are in addition to and not in replacement of the provisions of the Zoning Ordinance. Any provisions of the Zoning Ordinance relating to mining shall remain in full force and effect except as they may be contrary to the provisions of this Model Mining Regulation Code. SECTION 4. REPEAL OF CONFLICTING ORDINANCES. Ordinance No. and all other Ordinances, or parts thereof, in force at the time this Ordinance takes effect and inconsistant with the Model Mining Regulation Code, are hereby repealed. SECTION . (Section for modifications, if any) SECTION . EFFECTIVE DATE. This Ordinance shall be and is hereby declared to be in full force and effect from and after its passage and publication according to law. Passed by the of the of ,Washington County, Minn, this day of 197 ATTEST: Chairman/Mayor Clerk -10- ORDINANCE NO. 107 SECTION 1. PURPOSE 101. For the health, welfare, safety, and optimum land development, it is necessary to regulate the removal of sand, ®ravel, rock, soil and other natural deposits in Washington County. Other purposes include the following: (1) To provide for the economical availability of sand, gravel, rock, soil, and other materials vital to the continued growth of the com- munity. (2) To establish reasonable and uniform limitations, safeguards, and controls in the carmunity, for the future production of sand, gravel, rock, soil, and other natural resources. (3) To control noise, dust, hazards, effect on adjacent property, and other factors related to the active mining and/or excavating opera- tion. (4) To provide for control of the extent of excavation compatible with the surroundings; and for the restoration of the mining area after termination of the removal operation to make the site compatible with the surroundings. (5) To control pollution by erosion or sedimentation. SECTION 2. DEFINITIONS 201. Rules 201.01. Wordn uned in the present tense include the pant and future tenses; Wo tsir4rulrir nunbotr lticluden Liter plural tur.l the plural includes the ain;ru- lar; the word (shall) is marxtatory, and the word (may) is permissive. 201.02. In the event of conflicting provisions in the text of this Regulation, the most restrictive shall apply. 202. Definitions. 202.01. Pbr the purpose of these regulations, certain terms and words are hereby defined as follows: (1) Cammnity. Village of Hugo, Washington County, Minnesota. -1- NOTE: These pages are the regulatory and procedural provisions only. The complete text of Ordinance No. 107 can be reviewed in the office of the Village Clerk.' (2) Engineer. The registered engineer employed. by the cam mity unless otherwise stated. (3) Governing Body. Village Council of the Village of Hugo, Washington County, Minnesota. (4) Mining shall include the excavation, removal or storage and Processing including crushing, washing, canpour&ng, or treating of sand, gravel, rock, soil, clay and other natural deposits within the community. (5) Mining shall not include the excavation, removal or storage of rock, sand, dirt, gravel, clay or other material on the property for the purpose of the foundation, cellar or basement of some pending structure, for which a permit has been issued and which is to be erected immediately following the excavation, removal or storage. (6) Mining shall not include the removal or moving of materials. for construction of roads, sewer lines, storm sewers, water mains, surface water drainage systems, provided said removal or moving is conducted within established right-of-way or easements. (7) Mining shall not include moving of materials for minor agricultural purposes, conservation purposes, or sod removal that does not materially change the existing typography. (8) Mining shall not include the moving of dirt for landscaping purposes on a lot used for residential purposes,"or to be used for resi- dential purposes when a building permit has been issued. (9) Mining shall not include the temporary storage of sand, gravel, rock, soil, clay or other natural deposits for retail sale in a- zoning district other than agricultural or residential. -2- SECTION 3. ANNUAL PERMIT REQUIRED 301. It shall be unlawful for any person, partnership, company or cor- poration to engage in mining within the ccmmunity or for an owner to permit a person to mine on hiss property, without first having obtained a permit from the Governing Body. 302. Persons, partnerships, or corporations now conducting operations governed by this Ordinance and for which this Ordinance requires a permit may continue such operations, but within 60 days of the effective date of this Ordi- nance shall make application for a permit, and failure to do so shall be a vio- lation of this Ordinance; however, on request and for cause, the Governing Body may extend the time for the initial application to 90 days'from the effec- tive date of this Ordinance. If application is not made within the required time, all mining operations shall be terminated. 303• The annual permit shall be issued only after a public hearing following ten days posted and published notice and notification of adjoining landowners. Any issued permit shall be posted by the applicant at the exca- vation site. For issuance of the annual permit after the first annual permit, the Governing.Body in its discretion may waive the requirement of public hearing and notice when it determines there has been no substantial change in the circumstances of operation during the expiring permit period. 304. A permit, when issued, shall be valid for one year unless termi- nated pursuant to Section 4. SECTION 4. TERMINATION OF PERMIT 401. The governing body may terminate a mining permit for violation of this Ordinance or a condition of the permit, or for other cause. 402. To terminate a permit, the Governing Body shall give notice to the permit holder of the violation or other cause for the termination along with an order that the condition be remedied. If the condition is not immediately repaired, the Governing Body shall hold a hearing to determine whether the permit should be terminated. 403. No mining shall take place after the permit; is terminated pursuant to this section. SECTION 5. NUISANCE DEFINED .501. Where unsafe conditions or conditions in violation of this Ordinance or permit exist, said conditions are hereby declared to be a nuisance, and the Governing Body may give notice to the operator or owner to abate the same. 502. If after.a reasonable time for repair of the condition, it still exists, -3- the Governing Body may abate the nuisance and the costs of such work may be taxed against the property and become a lien thereon. 503. A continuing nuisance shall be a valid basis for termination of the permit. SECTION 6. APPLICATION 601. The application for the permit required in Section 3 hereof shall be filed with the community clerk for presentation to the Governing Body. A fee of $25.00 shall accompany each application. Application for.renewel permit must be made forty-five days prior to the termination of the previous permit. The application shall be made in the rwe(s) of the operator of the minor and the owner of the land to be mined. ' 602. The application shall contain: (1) The name and address of the operator and owner of the land. (2) The correct legal description of the property where the mining shall occur. (3) Names of adjacent landowners including all those within one-half (1/2) mile of the boundary of the land described where the mining shall occur. {4) A map of the property where the mining is to occur that clearly •indicates the property lines and the limits of the proposed exca- vation. Topographic data, including contours at vertical intervals of not more than five (5) feet except where the horizontal contour interval is one hundred (100) feet or more, a two (2) foot ver- tical interval shall be shown on this map. Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. U.S.G.S. datum shall be used for all topographic mapping where feasible. (5) The purpose of the removal, storage or. excavation. (6) The estimated time required to complete the removal, storage, or. excavation. (7) The plan of operation, including soil processing (any operation other than direct mining and removal), nature of the processing and equipment, location of the plant,, source of water, disposal of water, and reuse of water. (8) The travel routes to and from the site. (9) The plans for drainage, water and wind erosion control, sedi- mentation and dust control; these plans shall be in conformity. -4- with the recammendations of the Washington County Soil and Water Conservation District Office. (10) A map or plat of the proposed pit or excavation showing the confines or limits thereof together with the proposed finished elevations based on 1929 sea level datum readings. Where the finished elevations prohibit natural drainage, certified soil borings shall be included through the proposed excavation. (11) A comprehensive plan showing that suitable provision will be made for the restoration of the excavated area so that it will not became a health or safety hazard or a nuisance, such plan to include anticipated final elevations, slope and a plan for the return of sub -soil and topsoil. Where the Governing Body deem it practical and necessary, such plan shall include adjoining related areas where excavations have previously been made and remain under the control of the owner of the land on which the excavating•is to be done or under the control of the person other than the owner to whom the permit is to be issued. 603. The applicant shall.abide by one of the two following operating and land rehabilitation practices, or both if applicable. 603..01. Excavations resulting in the accumulation of substantial water areas after rehabilitation must meet the following requirements: (1) The water depth must not be less than three -(3) feet measured from the low water mark; (2) All banks shall be sloped to the water line at a slope which shall not be steeper than four (4) feet horizontal to one (1) foot vertical; (3) All banks shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least three inches; (4) Such topsoil' as required by subsection 3 above shall be planted with trees, shrubs, legumes or grasses upon the parts of such area where re -vegetation is possible; (5) Slopes on boundary areas shall not be steeper than four (4) feet horizontal to one (1) foot vertical. 603.02. Excavations not resulting in water areas after rehabilitation but which must be gmded or back-filled, shall meet the following requirements: -5- (1) Such grading or back -filling shall be made with non -noxious, non-flammable,, non-combustible solids; (2) The graded or back-filled area shall not collect or permit stag- nant water to remain therein; (3) The peaks and depressions of the area shall be reduced to a gently rolling topography in substantial conformity to the land area immediately surrounding and which will minimize erosion due to rainfall; (4) Such graded or back-filled area shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth of at least three (3) inches; (5) Such topsoil as required by Section 603.02 (4) above shall be planted with trees, shrubs, legumes or grasses upon the parts of such area where re -vegetation is possible; (6) New slopes on boundary areas shall not be steeper than four (4) feet horizontal to one foot vertical; (7) The maximum depth of excavation may be regulated by the Governing Body. SECTION T. OPERATING CONDITIONS 701. As a condition of the permit issuing, the Governing Body shall require the applicant or the owner of the premises to comply with the following; 701.01. Fencing. Properly fence any pit or excavation. (1) Where collections of water are 1 1/2 feet or more in depth; all access to such collections of water may be ordered barred by appropriate means. (2) Where excavation slopes steeper than one (1) foot vertical to one and one-half (1 1/2) feet horizontal exists for a period of five working days, access to such slopes may be ordered barred by appropriate means. (3) Where any other unsafe condition occurs, access thereto may be ordered barred by appropriate means, or where required by the Governing Body as a condition of the permit. 701.02. Slope of Excavation. Slope the banks, and otherwise property guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. .701.03. Set -Backs. Refrain from mining below grade closer than 30 feet to the boundary of arty zone where such 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 such property is first secured in writing and filed with the com w pity clerk. 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 such limits in order to reduce the elevation thereof in conformity to the existing or proposed street grades. 701.04. Inspection Fee. An annual inspection fee to cover the cost of periodic inspection shall be paid to the cammunity. The method of determining the inspection fee shall follow one of the two schedules as outlined below. The schedule to be followed shall be designated by the Governing Body at the time the annual permit is approved. The minimum annual inspection fee shall be $100.00. SCHEDULE A: The annual inspection fee shall be based on the actual and estimated costs which are incurred by the community in providing periodic inspections and administering the provision of the annual permit. These costs may include both actual cost incurred by the community such as charges made by an engineering firm or for legal services and indirect, internal, actual and computed costs incurred by the community such as mileage or computed charges for time spent by community officials or their staff. The Governing Body shall estimate these charges at the time the annual permit si issued and the applicant shall make a cash deposit with the community equal to their estimate when the annual permit is issued. If at the expiration date of the annual permit there are arW funds still avail- able they will be refunded to the applicant or if the cost exceeds the estimate the applicant shall pay the additional cost. SCHMM B: The annual inspection fee shall be based on the amount of material which is removed from the site. The Charge shall be fixed at the rate of It per cubic yard of material re- moved with a maximium fee of $3,000.00. The Governing Body based on the estimates of the applicant shall estimate the annual inspection fee which shall be paid by the appli- cant according to a payment schedule as determined by the Governing Body. The applicant shall keep records of all material removed from the site and.these records shall be made available to the Governing Body for their review. On the expiration date of the annual permit the applicant shall -7- submit to the Governing Body a complete record of all material removed for that year and pay any additional in- spection fees as determined by the Governing Body based on the fixed rate as set forth in this schedule. 701.05. Survey. Furnish a survey by a registered surveyor showing the boundaries of the property. 701.06. Bond. Post a bond, cash deposits or other security, in such form and sun as the Governing Body may require, running to the community, conditioned to pay the cammnity the cost and expense of repairing any highways, street, or other public ways and the restoration of other sites within the community made necessary by the special burden resulting from hauling and transporting thereon by the applicant, by others on behalf of applicant) or purchasers frau the applicant in the removal of rock, sand, dirt, gravel, clay or other material, and conditioned further to comply with all the requirements of this Orditiance and the particular permit, and to save the community 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 community boundary. 701.07. Insurance. Carry bodily injury and property damage, public liability insurance in the amount of $250,000.00 for any one,person and $500,000.00 for any occurrence including blasting insurance naming the comm adty as an additional in- sured. 701.08. Noise. Maintain and operate all equipment.in such manner as to eliminate, as far as is practicable, noises and vibrations, in accordance with State and County standards. 701.09. Hours of Operation. Conduct operation only between the hours of 7:00 A.M. and 7:00 P.M., Monday through Saturday, and no operation shall be allowed on Sundays or holidays. In case of demonstrated hardship, the Governing Body may allow exceptions to the limitation on the hours of operation. 701.10. Dust and Dirt. Construct, maintain and operate all equipment in such a manner as to minimize dust conditions. All operations shall meet the standards of the State Pollution Control Agency. 701.11. Appearance. Maintain buildings and plants in a safe condition in accordance with acceptable industrial practice. Weeds shall be controlled. 701.12. Removal of Structures. Within a period of three months after the termination of a sand and gravel operation, or within three months after abandonment of such operation for a period of six months (or within three months after expiration of a sand and gravel permit), dismantle or remove buildings, structures and plants -8- r incidental to such operation; except that such buildings, structures and plants need not be dismantled and removed so long as they are legally being used for the pro- duction of processing of sand and gravel or for sane other purpose permitted in the zone in which they are located. 701.13. Lighting. Set forth the planned lighting of the area and any other equipment or structures that will be installed or built. 701.14. Sewer. Provide for adequate drainage to sanitary sewer and storm sewer including lift stations, if necessary. 701.15. Added Provisions. Comply with such other requirements as the Governing Body may make as a condition of issuing the permit, or from time to time may find necessary for the health, safety, welfare and prevention of nuisance in the area. 701.16. Variance. The standards which apply to these permits may be varied by the Governing Body according to the structure and size of the operation, and to factors presented by the applicant. SECTION 8. VIOLATION AND PENALTIES 801. Any firm, person or corporation who violates any of the provisions of these regulations shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine.of $300.00, or shall be imprisoned in the County Jail not to exceed ninety (90) days, or both, plus the costs of prosecution in any case. Each day that a violation is permitted to exist shall constitute a separate offense. - SECTION 9. VALIDITY 901. It is hereby declared to be the intention that the several provisions of this regulation are separable in accordance with the following: (1) If any court of competent jurisdiction shall adjudge any provision of this regulation to be invalid, such judgment shall not affect arW other provision of this regulation not specifically included in said judgment. (2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this regulation to a particular property such judgment shall not affect other property. PUBLICATION O MICE , NUMBER :107 RANCE.ESTABLISH- II O NG REGULATIONS AFFIDAVIT OFTUBLICATION T&FROVIDEFOR ORDERLY, ECONOMIC AND SAFE RE- STATE OF MINNESOTA, MOVAL OF SAND, GRAVEL, Counties of ss ROCA, S011% D OTHER Ramsey and Washington ) NAIVR ANDTO PRO91O4! PUBLIC Eugene D. Johnson being a duly sworn officer of White Bear Press Publishing HEALTH"; TY, MORALS AND GENWELFAREIId Inc., on oath says he is and during all the times herein stated has been the THE`` VI LAIR OF HUGO, publisher and printer of the newspaper known as The White Bear Press and WASKINGTON COUNTY, has full knowledge of the facts herein stated as follows: (1) Said newspaper is MINNIZOT4,02 printed In the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper The Council of the is a weekly and is distributed at least once each week. (3) Said newspaper has 50% Villa d Washington of Us news columns devoted to news of local interest to the community which it County, MinQsoik,herebyaa,_ purports to serve and does not wholly duplicate any other publication and is not dahM r made up entirely ofpatents, plate matter and advertisements. (U Said newspaper ftbkis circulated in and near the municipality which it purports to serve, has at OVEL 1*'.;'ADOPTION OF least 500 copies regularly delivered to a l[O�L Ml�1IIVG REGULA- op � y paying subscribers, has an average of at TIN CONE. Nis hereby least 751/6 of its total circulation currently paid or no more than three months in i9r the purpose of arrears and has entry as second-class matter in its local post -office. (5) Said the removal d newspaper purports to serve the city of White Bear Lake in the Counties of Ramsey and Washington and it has its known office of issue in the city of White p;ravel, rock, soil and Bear. Lake in said county, established and openduring its regular business hours na#ArdM>� . Regulation �• the eode fordell for the gathering of news, sale of advertisements and sale of subscriptions and maintained by Eugene D. Johnson or persons in its employ and subject to his coijmunitles in Washington, direction and control during all regular business hours and at which said news - County, as • adopted on April paper is printed. (6) Said newspaper files a copy of each issue immediately . 25, 3972, by the Washington with the State Historical Society. (7) Said newspaper has complied with all the Cou* Ptanning Advisory foregoing conditions for at least two years preceding the day or dates of publi- Comn#ssion, of whichnotless cation mentioned below. (8) Said newspaper has filed with the Secretary of than three copies are on file State of Minnesota prior to January 1, 1966 and each January 1 thereafter an In C1 C1 oOice of the Village affidavit in the form prescribed by the Secretary of State and signed by Eugene That Model Min-Ity D. Johnson and sworn to before a Hofer Ing is hereby legal newspaper. as aptilly public stating that the newspaper is a ad asexcept He er states on oath that the rinted. �d�-tJ•/Qf» .... . oft 2. �ccODES ar-t% Yr.s1 !................. Ths ions �. Code hereto attached s a part hereof was cut from the columns of said newspaper, Asoft InMin '1a`fid not In .re- and was printed and published therein in the English language, once each week, for . .. ..tom �wasere` .....successiv�e,, w��,,eks; that it was st so pub hed Dia 'a[. Dr6vLion..s. an% the....4`rzS . ..day of.^ Ordlnence. Al . .. . . . *. ..,Ds �v_'-"� �,-19...% .andafter printed and published on every.... • .... ..to proat vis �'t tb mining and including ........... the...—... day of ....... ......19..—. � force and and that the following is a printed copy of the lower case alphabet from A to Z eBPWexcept as be both inclusive, and is hereby acknowledged as being the size and kind of type �, to Ow provisions used in the composition and publication of said noti it: Of Mods' Mining Regu- lation %de, asinodidedhere- yz in. 3. REPEi1L OF �:�.�.. t CONPL {010%�lANCF.'S Subscribed and sworn to before me this �.2/!vt-.. y of.. ..Ip Any and all Ods, or ..... �. imegoaled 1; tam i ftbe Notary Public, y ounty, Minn. ice takes ef- My Commission expires... lbiib�alude (NOTARIAL SEAL) re sis- viplon of the Regulation d and adopt - repealed to Section. 4. AMENDMENTS '1'OODEi; U14'4NO REM STM C & lira Minor- �K are an ai iii lwhi*, aha inaset m an *woo(, --(1) Community. village Of Hugo, Washington County, Minnesota. -- B. In 202.01.(S), delete in r its entirety, and insert. in Ilea Thereof, •-(3) Governing Body. Vil- lage Council of the Village of Hugo, Washington Coun- ty, Minnesota.-- C. b 202.01 (4), after -stet'= age' ad immediately pre - ea ft -ef' insert, •-and processing including er ad*& washing, . can- Pew[. or-- A b 202.01 (5), after •mu - O rlar and preceding Oft" insorti E. Delete 202.01 (6) In its enth'ety; ,�nnd insert in. Baia therof, "e- -.-Mining dwi . not ineluda the removal or moving at materials for construction of roads, sewer lines, storm sewers, water analis, sur- face water drainage sys- tems, provided said remov- al or moving is conducted within established right-of- way or easements. -- F. lin 202.01, add the foUow- Ing," -47) Mining shall not in - dude moving of materials for minor agricultural pur. poses, conservation pur- poses, or sad removal that does not materially change as, existing typogeaphy.•- G. b 202-.01, add The fdfdw- tui. -,*' shell not In. dude the moving of dirt for bAftaing .purposes on a id 1" for residentialpur- piaa, or to be used for rOddatisl purposes when a building permit has been issued. -- H. In 202.01, add the follow - Ing, -49) Mining shall Mot in- clude the temporary slor- age of sand, gravel, reek, soil, clay or other natural deposits tor.. retail sats In a zoning district other than agricultural or residua - tial. -- 1. In 302,atter 490 days' insert, from the effective date of this 3,n J. In 3303, i dd the follow - ft. -•>For isamee cftbe annual .pn* sew dw tirstannual iim6k go Body . A may- wmayaive iYgiw Ment of public howixg and notice AN ff dMernsffies there has boon no substantial thongs in.the circumstances of operation during the exphing permit K In 402, immediately fol- lowing -notice and "adi- ately preceding "of' insert, --to the permit holder -- And delete "has not been repaired within. 'a reason- able time, and not less than two weeks;' and insert in Hou thereof, --is not immediately re- .' L. In Section 5, add the following subdivision, -603- A continuing nuts - ants shall be a valid basis for termination of the per - M. In 602 (3)0 delete is hs and insert in lieu ail,� tbere. --Nunes d adjacentlad& Ownsim, `indltdgtg 10.Ivw* Mhrin ono-inlnti (1/0 -Mite of the boundary ,of 2W lod deser>bod wbeft The mieiig 6hat1.•- ' ' N. b '903, Qct�ux*bm"diately fdl- lowing-pradkes' insert the following, --or both it anUcable - 0.1n 603.02(5),delete65se- tion 5' and insert in lieu thereof, --Section 603.02 (4)-- P. in 701.01, add the Ltd - lowing, -43) Where any otherun- ode condition occurs, ac- cess thereto may be ordered barred by appropriate weans, or where required by the Governing Body ► as a condition Mof the permit.•- Q. In 701.06, bamediately fdlowhng-applieawt' and Immediately pwc. `it the removal• insert the fol- lowing, --by others on behalf at I pplicant, or purchasers tram the applicant R. In 701.07, delete -=100, 000.00', and insert in lieu Heron, . -4250,0001?00-- .And delete •=300,000.00' and Insert ' lieu thereof,:; --;500,000- S. In 701.09,+6e1ete -7 P.M., except no trucking shall be allowed on Saturdays, Sun- days, or holidays: and in- sert►in lieu thereof, -- 7:00 P.M., Monday through Saturday, and no operation shall be allowed on Sundays or holidays. -- i altw:.eaoseptions aaffiehours 701.15, atter •Gov - Body" insert, . e as a condition 4K NoThe permit, ar- il. In 801, delete -subject 1P tine and/or imprison- ment' and .insert in lieu thereof• wished by.a Hneof$300. or shall be imprisoned the Cowdy An aiot to be and is- hereby declared to in NU force and effect and after its date ftom its passage and publication a to law. assed totbo Vi lageCoub- til of the Village of Hugo, WMinne- 1bis 196 day of Juge. W. Carlson, Mayor E. Burkard, Clerk (F4611 wd in the White Bear Piss June 22, 1972) '