HomeMy WebLinkAboutCc901 901
AN ORDINANCE LICENSING AND REGULATING THE EXCAVATION OF SAND, GRAVEL,
OR OTHER SOIL IN THE CITY OF OAK PARK HEIGHTS, PROVIDING FOR FEES, BONDS
AND PENALTIES FOR VIOLATION OF THE SAME.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
901.01 Permit Required.
No person, firm, or corporation shall hereafter open, operate, or maintain within the
limits of the City of Oak Park Heights, any sand, gravel, or other pit or place or
grounds for the excavation of sand, gravel, or other soil unless such person, firm, or
corporation shall first have obtained a permit from the City Council authorizing the
same; provided, however, that no license shall be required for the owner of land to
take gravel or sand for use on the premises or to make products which are to be used
on said premises. Such permits shall be renewable annually and shall expire one (1)
year from the date of issuance. Failure to comply with the conditions of such permit
as hereinafter set forth shall be grounds for revocation of the same or for refusal to
renew the same upon expiration thereof.
901.02 Requirements of Application.
Prior to the issuance of such a special use permit, the following requirements shall be
complied with:
A. The application shall contain the following:
1. A legal description of the lands from which it is proposed to remove
earthly deposits.
2. The name and address of the applicant and the owner of the land.
3. Copies of any agreements contemplated or entered into between the
owner of such lands and any other person, firm or corporation for the
operation or maintenance of such removal of earthly deposits.
4. The purpose of the removal. Soil boring samples may be required to
determine the nature of the materials to be mined or extracted and the
extent of the deposits.
5. The estimated time required to complete the removal.
6. The highways, streets, or other public ways within the City upon and
along which the material removed shall be transported.
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7. In the event that water is used in the operation of a pit, then in that
event approval from the State of Minnesota Department of Health
shall be obtained as to the type, location and depth of said well and
contained with said application.
B. The applicant shall submit a plot plan showing the following:
1. The nature and location of the processing of earthly deposits.
2. The area, depth and grade of such processing and the estimated
quantity of earthly deposits to be added to or removed from the
premises.
3. The drainage of surface water at all stages of processing.
4. The distance of the processing from the lot lines and from any
structures in the immediate vicinity.
5. The proposed finished elevations as compared to the elevations prior
to the extraction based on sea level readings.
6. The plot plan shall be prepared and certified by a registered architect
or land planner.
C. The City Council may impose the following restrictions and requirements in
agreement form upon the applicant or any other person interested in the
issuance of such permit, either as a prerequisite to the granting of said permit,
or after such permit has been granted, as follows:
1. That the owner or applicant properly fence any pit so that said pit or
any standing waters therein may not be a hazard to children.
2. That the applicant or owner slope the banks and otherwise guard and
keep any pit in such condition as not to be dangerous to the persons
or property because of sliding or caving banks; provided, however,
that the maximum slopes shall be as follows: Slopes on interior or
working portions of the pit shall be at one foot horizontal to one foot
vertical slopes or any edge contiguous to property owned by others or
railroads shall be four foot horizontal to one foot vertical.
3. That the owner or applicant prevent water run -off damage, including
erosion on adjacent property and the deposit of material by water run-
off on adjacent property.
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4. That the owner or applicant employ all reasonable means to reduce
dust, noise and nuisances, including but not limited to spraying the
material that is being processed with water.
5. That the applicant or owner shall plant suitable and fast growing
screening trees which shall be a minimum of six feet high placed in
two rows staggered with trees not more than ten feet apart in each
row, when necessary to eliminate unsightly view of the operations.
6. On completion of the operation, the applicant shall properly drain and
level off any pit and restore the contour of the site of the operation to
a condition that is reasonably similar to the condition that existed
prior to the commencement of the operation. Such condition must
not adversely affect the surrounding land or future development of
the site on which the operation was conducted. Upon closing
operations or leaving any particular excavation or area in the site, the
applicant shall re -grade that area which they have excavated or
disturbed in order that no slopes are in excess of three feet horizontal
to one foot vertical.
7. The applicant or owner shall remove any extracted material upon and
along the highways, streets, and other public ways in the City as the
City Engineer shall order and direct.
8. The applicant or owner shall reimburse the City for the cost of
periodic inspections by the City Engineer, or other City employee, for
the purpose of seeing that the terms under which the permit has been
issued are being complied with.
9. The applicant and /or owner shall submit to the City Council a
detailed map of the highways, streets, roads, and other public ways
within the City upon and along which the material removed shall be
transported. The City Engineer shall inspect such roads proposed to
be used by the applicant and /or owner and shall recommend to the
City Council necessary upgrading or repairing of such roads prior to
their use as said roads by the applicant and /or owner. The City
Council shall designate said roads and shall incorporate the said
recommendation of the engineer into the permit issued to the
applicant; it shall be the responsibility of the applicant and /or owner
to maintain said haul roads in accordance with the terms as set forth
in said permit. The City Engineer shall make periodic inspections of
said haul roads to assure compliance with the permit and upon
completion of the operational period of said gravel pit, the owner
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and /or operator shall make any necessary repairs to said haul roads as
recommended by said City Engineer.
All costs of the inspections above described shall be borne by the
owner and /or operator. Dust control shall be the continuous
obligation of the owner and /or operator during any operational period
on all haul roads, and the use of such roads shall be further subject to
any road and weight restrictions imposed by the City of Oak Park
Heights. The City Council shall further designate the maximum
speed limit which the trucks of the owner and /or operator shall be
driven over said haul roads.
10. No material may be removed or excavated from or stockpiled upon
an area contiguous to private property or roadway right -of -ways
closer than one hundred (100) feet.
11. The hours of operation shall be limited to 7:00 A.M. to 7:00 P.M.
daily, provided however, that no excavation or processing work shall
be conducted on Sundays or legal holidays as set forth in the
Minnesota Statutes. "Operation" shall be defined to include the
driving of all hauling trucks or equipment into or out of a gravel pit,
loading, roadwork or engine start-up of any kind. No drainage pumps
of any kind, or other similar units, shall be run at any time other than
during those hours specified above. It is the specific intent of this
section that no crushing, loading, hauling, or engine start-up activity
of any kind shall take place on or upon any gravel pit area other than
during those hours specified above.
12. Annually the applicant shall submit in writing to the City Council the
estimated quantity of gravel to be removed, the anticipated route over
which the trucks are to travel, the beginning and completion time for
the operation, and the area in the pit which will be used for
excavation. It is understood that the above information may not at all
times be submitted with certainty but it is the intent of this provision
to keep the City of Oak Park Heights as well informed as possible
regarding the anticipated operation for the year in question.
13. In the event that a development plan is submitted which anticipates a
lake about which lots will be platted, said lake must be planned for at
least a fifteen (15) foot depth. Any development plan indicating a
lake development shall provide a means for level control or
computations which prove that the lake can contain drainage directly
to it by free board storage utilizing a one hundred (100) year storm.
It is understood that the water table in the area in question is unstable
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and any problems arising regarding the depth of the lake created shall
be referred to the City Engineer.
14. The operation of the gravel pit shall not effect the safety or quantity
of any well within one - quarter (1/4) mile from the pit. Proof that the
hydraulic or static effect is not detrimental to any such well shall be
provided by the applicant.
15. All equipment run by fossil fuels and used in the operation of any
gravel pit in the City of Oak Park Heights shall be equipped at all
times with a muffler in good working order which blends the exhaust
noise into the overall noise of said equipment and is in constant
operation to prevent excessive or unusual noise. The exhaust system
of such equipment shall not emit or produce a sharp, popping or
crackling sound.
16. The City Council may at its discretion attach such other additional
conditions to said permits as they may deem necessary in the interest
of public health, welfare, and safety of the community.
D. Bond
The applicant must file with the City Clerk a surety bond, in such form and
sum as the City Council may require, running to the City, conditioned to pay
the City the cost and expense of repairing any highways, streets, or other
public ways within the City, made necessary by the special burden resulting
from the hauling and transporting of, such costs and expense shall be
determined by the City Engineer. The surety bond shall be further
conditioned to comply with all requirements of this Ordinance and the
particular permit, and to save the City free and harmless from any and all
suits and claims for damages resulting from the negligent removal or storage
of earthly deposits within the City.
E. Fees and Application.
1. Except as hereinafter provided, the annual fee for such permit shall
be as established by Council resolution from time to time and shall
accompany the application. In the event that such application is
denied, the City Council shall retain such amount of said fee as shall
be necessary to defray the costs of engineering and legal services
incurred by the Council in connection with such application, and the
balance, if any, shall be returned to the applicant.
2. In the event the cost of engineering and legal services exceed said
sum, then in that event the applicant shall upon notice from the City,
reimburse the City for the same. The application shall be in such
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form and shall furnish such information as shall be required by the
City Council. Where the applicant proposes to excavate surface soil
known as black dirt, annually showing a volume of less than fifteen
hundred (1500) cubic yards, the annual fee required for such permit
shall be as established by Council resolution from time to time.
F. Insurance Requirements.
The gravel contractor or lessor of the land involved shall secure and maintain
such insurance from an insurance company authorized to write casualty
insurance in the State of Minnesota as will protect himself and his agents and
the City of Oak Park Heights from claims for bodily injury, death, or
property damage which may arise from operations under a gravel permit duly
issued under this Ordinance. A gravel contractor shall not commence work
under this Ordinance and under a permit duly issued by the City of Oak Park
Heights until he has obtained all insurance required under this paragraph and
shall have filed a certificate of insurance or the certified copy of an insurance
policy with the City of Oak Park Heights. Each insurance policy shall
contain a clause providing that it shall not be canceled by the insurance
company without ten (10) days written notice to the City of Oak Park Heights
of intention to cancel. The amounts of such insurance shall not be less than
the following:
1. Workmen's Compensation and Emplover's Liabilitv Insurance: Shall
be secured and maintained as required by the State of Minnesota.
2. Public Liabilitv, Personal Iniurv, and Property Damage:
a. Injury or death of one person - $250,000.00.
b. Injury to more than one person in a single accident -
$500,000.00.
C. Property damage - $200,000.00.
3. Automobile and Truck Public Liabilitv, Personal Iniury and Property
Damage, Including Owned and Non -Owned Vehicles:
a. Injury or death of one person - $250,000.00.
b. Injury to more than one person in a single accident -
$500,000.00.
C. Property damage - $500,000.00.
4. Insurance for Other Hazards:
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The gravel contractor is responsible for any damage as a result of the
work, operations, acts, omissions, neglect, equipment failure or other
causes arising out of this contract, including such damage as may be
caused by or result from water. Insurance for hazards other than
protected by insurance herein specified is at the contractor's option.
901.03 Violation.
Any person, firm, or corporation that shall violate any of the provisions of this
Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not more than Seven Hundred Dollars ($700.00) or by
imprisonment not to exceed ninety (90) days for each offense, or both. Each day that
the violation shall continue shall constitute a separate offense.
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