Ch6.§5-2 · City of Nowthen public records

A. Application Process: 1\. Application for excavation of 101 cubic yards to 1,000 cubic yards requires an excavation permit. All requests must be made on the forms available by the City and include the items listed in Section 6-5-2.B. After review by the building department, some items may be waived. 2\. Application for a Mining permit for 1,001 cubic yards or more must be made on the forms available by the City and include all the items listed in Section 6-5-2.B and shall be processed in accordance with the same procedures and requirements for interim uses specified in the Zoning Ordinance. B. Content of Application: An application for a mining permit or any other applicable permits shall contain: 1\. Letters from the Army Corps of Engineers, the Minnesota Department of Natural Resources, and the Anoka Conservation District stating that the proposed project is acceptable.   2\. The name and address of the operator and the owner of the land. 3\. The correct legal description of the property where the activity is proposed to occur. 4\. A listing of the names and addresses of all landowners owning property within one thousand three hundred twenty (1,320) feet of the boundary of the property described above. 5\. Soil borings sufficient to approximate the number of yards that will be removed. 6\. Specifications of the following, using appropriate maps, photographs, and surveys (minimum 100 scale or larger). a. The physical relationship of the proposed designated site to the community and existing development. b. Site topography and natural features including location of watercourses and water bodies. c. The description and quantity of material to be excavated. Engineering information may be required (and shall be done at the expense of the applicant). d. The depth of water tables throughout the area. 7\. The purpose of the operation. 8\. Description of the potential impact to adjacent properties. 9\. The plan of operation, including processing, nature of the processing and equipment, location of the plant, source of water, disposal of water and reuse of water. 10\. Travel routes to and from the site. 11\. The plans for drainage, water erosion control, sedimentation, and dust control. 12\. A rehabilitation plan provided for the orderly and continuing rehabilitation of all disturbed land. Such plan shall illustrate (using photographs, maps and surveys, where appropriate) the following: a. The contour of land prior to excavation, if available, after completion of excavation, and after completion of rehabilitation.   b. Those areas of the site to be used for storage of topsoil and overburden. C. A schedule setting forth the timetable for excavation of land lying within the extraction facility. d. A timetable for the rehabilitation of land lying within the excavation facility shall be submitted to the township well in advance of the completion of the excavation activities. e. The degree of all slopes after rehabilitation, based upon proposed land uses, and description of the type and quantity of plantings where revegetation is to be conducted. f. The criteria and standards to be used to achieve final rehabilitation as well as intermittent stabilization. 13\. A statement identifying the applicant's program to ensure compliance with the permit conditions, method of response to complaints, and resolving conflicts that may arise as a result of complaints. C. Review and Approval of Overall Plan: 1\. The Planning Commission shall review the mining permit application and shall recommend approval of the permit if it is in compliance with this Section, the Zoning Ordinance, and other applicable laws, ordinances, and regulations. The Planning Commission may attach conditions to the recommendation for approval to promote safety and prevent nuisance conditions. The rehabilitation plan shall only be recommended for approval if it is consistent with the uses allowed in the Comprehensive Plan and Zoning Ordinance. 2\. The City Council shall review the permit application and shall approve the permit if it is in compliance with this Section; the Zoning Ordinance, and other applicable laws, ordinances and regulations. The City Council may attach conditions to the permit approval to promote safety and prevent nuisance conditions. The rehabilitation plan shall only be approved if it is consistent with the uses allowed in the Comprehensive Plan and Zoning Ordinance. 3\. Implementation of the overall plan shall be by means of annual reports submitted to the City indicating volume of extraction and restoration efforts completed to date. The purpose of the annual report is to assure compliance with stated conditions and with the longer-range overall plan. D. Termination of Permit:   1\. The material extraction permit may be terminated for violation of this Section or any conditions of the permit. No permit may be terminated until the City Council has held a public hearing to determine whether the permit shall be terminated, Upon written notice, the City Council may terminate the mining permit if they find that the agreed upon conditions have not been met, at which time the permit holder shall be afforded an opportunity to contest the termination. The City Council may establish certain conditions, which, if not complied with, will result in immediate suspension of operations. 2\. It shall be unlawful to conduct mineral extraction or excavation after a permit has been terminated. ### E. Conditions for Granting/Renewing of Annual Permit: 1\. Request for renewal of an annual permit shall be made to the V sixty (60) days prior to the expiration date. If application or renewal is not made within the required time, all operations shall be terminated, and reinstatement of the permit may be granted only upon compliance with the procedures set forth in this Section for an original application. 2\. A permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this Section when such conditions are reasonable and necessary to ensure compliance with the requirements and purpose of this Section. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind or character of the proposed operation, require the construction of structures, require the staging of extraction over a time period, require the alteration of the site design to ensure compliance with the standards, require the provision of a security escrow by the operator to ensure compliance with these regulations in this article, or other similar requirements. F. Issuance of Permit Imposes No Liability on City. Either the issuance of a permit under this section, nor compliance with the conditions thereof or with the provision of this section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under this section serve to impose any liability on the township, its officers or employees for any injury or damage to persons or property. A permit issued pursuant to this section does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance, or regulation.   ### G. Fees. 1\. A schedule of fees for the examination and approval of application for r this section and the inspection of operations for compliance with the conditions of this section and the permit shall be established in Section 1- 2-2 of the City Code. 2\. Prior to the approval and issuance of any such permit under this section, any per yard fee on estimated yards to be removed for the first five thousand (5,000) cubic yards shall be paid to the township at the time of application and any additional per yard fees for permits are to be paid annually and submitted with your annual report. H. Security Escrow. Prior to the approval and issuance of a permit, there shall be executed by the permit holder and submitted to the township, an agreement to construct such required improvements, to dedicate such property or easements, if any, to the City and to comply with such conditions as may have been established by the City Council. Such agreement shall be accompanied by a security deposit in an amount equal to one and one-half (1 1/2) times the City Council's estimated cost of rehabilitation and a damage deposit in the amount determined by the City Council for the restoration of streets. The aforesaid security escrow shall be provided for guaranteeing completion and compliance with the conditions set forth in the permit within the time to be approved by the City Council. The adequacy, conditions, and acceptability of any security escrow hereunder shall be determined by the City. In the event the required rehabilitation is not being completed as per the conditions set forth, all the funds set forth in the security deposit shall be turned over and delivered to the City and applied by the City to the cost of the required rehabilitation. If the funds available are not sufficient to complete the required rehabilitation and/or repair streets, the necessary additional cost shall be assessed against the property. Any balance remaining in the security escrow or damage deposit shall be returned to the permit holder. (Ordinance #4, Adopted November 17, 2006)

Ch.6 § 5-2

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