|
CI'I~' OF ANOKA
<br />ORI)! NANCE NO, 578
<br />
<br /> AN ORDINANCE AMENDING
<br /> CIIAlrFER 36 OF TIlE CODE OF THE
<br /> CITY OF ANOKA.
<br /> Tile Commission of the City of Anoka
<br /> do ordain as follows:
<br /> Section 1. Section 36-17 lc) of the Code
<br /> of the City of Anoka is amended to
<br /> provide as follows:
<br /> icj Commercial excavating of
<br /> natural materials used for building or
<br /> construction purposes, in any district,
<br /> subject to the standards and conditions
<br /> hereinafter set forth.
<br /> (1) This Ordinance is adopted for the
<br /> purpose of:
<br /> tn) Establishing reasonable and
<br /> uniform standards and review
<br /> procedures;
<br /> (B) Controlling noise, dust, hazards,
<br /> effects on adjacent property and other
<br /> related adverse factors;
<br /> (C) Providing for the restoration of
<br /> sites;
<br /> in the extraction, deposition and
<br /> processing of sand, gravel, soil, rock
<br /> and other natural earth products or the
<br /> impounding of waters. (2) Definitions:
<br /> Unless otherwise indicated, words
<br /> used herein shall beconsidered as used
<br /> with their ordinary meaning, but all
<br /> definitions contained in the Zoning
<br />'~"ordinance shall be applicable herein,
<br /> particularly with reference to mining
<br /> and soil processing.
<br /> (A) Excavation: As used in this
<br /> ordinance, shall mean any artificial
<br /> excavation of the earth, dug, ex-
<br /> eavated, or made by the removal from
<br /> the natural surface of the earth of soil,
<br /> sand, gravel, stone or other matter or
<br /> made by tunneling or breaking or
<br /> undermining the surface of the earth, of
<br /> 500 cubic yards or more.
<br /> (B} Land Reclamation: The
<br /> deposition of 5o0 cubic yards or more of
<br /> earth materials on a site in such
<br /> manner as to elevate the grade. (3) Exceptions:
<br /> A permit hereunder will not be
<br /> required for the following:
<br /> iA) The excavation, removal or
<br /> storage of rock, sand, dirt, gravel, clay
<br /> or other material preparatory to
<br /> construction of a building thereon
<br /> pursuant to a duly issued building
<br /> permit;
<br /> CB) Moving dirt for construction of
<br /> roads or to provide for surface water
<br /> drainage as provided on an approved
<br /> plat;
<br /> ¢C) Moving dirt for landscaping
<br /> purposes on a lot already occupied by a
<br /> residential struclore;
<br /> (D) Excavation or dirt removal in-
<br /> cidental to construction of sewer and
<br /> water mains, highway construction or
<br /> other public projecl~;
<br /> {E) Minor agricultural exeavalion or
<br />
<br /> storage or minor conservation work
<br /> (4) Rules:
<br /> (A) Conditional Use Permit required.
<br /> Excavalion, deposition and processing
<br />'of natural earth produets-':regulated
<br /> herein shall be permitted only upon
<br /> issuance of a Conditional Use Permit as
<br /> provided for in Section 36-17. Said
<br /> Conditional Use Permit shall be
<br /> renewed the first January after
<br /> issuance and every January thereafter
<br /> for operations to occur beyond thL~first
<br /> 'renewal period. 0nly that information
<br /> in the application which is changed
<br /> from the previous application is
<br /> required for Ihe annual renewal.
<br /> lB) Existing Operations. Persons,
<br /> parties, or corporations now conducting
<br /> operations for which this Ordinance
<br /> requires a permit may continue such
<br /> operation but within sixty (60) days of
<br /> the effective date of this Ordinance,
<br /> shall make an application for a permit
<br /> hereunder. Failure to do so shall be a
<br /> violation of this 0rdinanee. Failure to
<br /> eemply shall be grounds for reft§al to
<br /> grant the permit and also grounds for
<br /> termination of the operation within
<br /> ninety (90) days after passage of this
<br /> Ordinance.
<br /> (C) Records. Accurate weekly
<br /> records of site operations shall be
<br /> maintained. Volume'~of':m'ateri/lls in
<br /> tons or cubic yards shall be recorded in
<br /> a manner acceptable to the City and
<br /> shall include the type of materials
<br /> extracted, processed or deposited.
<br /> These records shall be available at all
<br /> time~ for review and inspection by the
<br />_ City. - ........ ' ........ '
<br /> (5) Application:
<br /> (A) Application for a Conditional Use
<br /> Permit for excavation, deposition, or
<br /> processing in accordance with this
<br /> Chapter shall follow the procedure
<br /> established.for Conditional Use Per-
<br /> mits in Section 36-1B~
<br /> (B) A public hearing shall be held in
<br /> the mantlet prescribed in Section 36-19.
<br /> (C) The applicant shall furnish such
<br /> information as may be required by the
<br /> City Commissio.n, and among other
<br /> things shall include:
<br /> (C-I) The true'name and-address of
<br /> the applicant, and-or owner of the
<br /> property under consideration.
<br /> (C~2) The period of time for which the
<br /> operation is estimated to continue.
<br /> (C-3) A full description of the total
<br /> parcel and the specific area of .the
<br /> parcel in which' the applicant intends to
<br /> conduct the activities for which the
<br /> permit is requested.
<br /> ¢C-4) The purpose of proposed ex-
<br />cavation, deposition or processing.
<br /> (C-5) The estimated quantity of
<br />materials to be'excavated, extracted,
<br />removed from or depositedon the area
<br />for which the permit is requested
<br /> {C-6) The long range re-use plans of
<br /> the applicant for the future develop-
<br /> ment of the area for which file permit is
<br />
<br /> requested.
<br /> (C-7) The location of public road
<br /> access and egress to and from the
<br /> excavation or deposition site and file
<br /> anticipated primary routing-of all
<br /> vehicles hauling extracted material
<br /> within one-half mile of the site.
<br /> (C-8) The topography in the area for
<br />which the proposed permit applies. The
<br />required surveys shall beprepared by a
<br />registered land surveyor or engineer,
<br />shall be drawn to a sca]e of not more
<br />than one hundred (100) feet to an inch
<br />and shall be drawn with contour in-
<br />tervals of not more than two (2) feet
<br />and-or cross-section maps on a grid
<br />that will accurately show the eon-
<br />figuration of the site:
<br /> ¢C-8-a) as it exists at the time of
<br />applies tiaa;
<br /> C-S-b) as it will appear at the end of
<br />the one-year permit; and
<br /> (C-8-e) as it will exist upon eom-
<br />p]etion of the operation. (D) Filing Fee:
<br /> A fee of an amount to be determined
<br />from time to time by resolution by the
<br />City Commission shall accompany each
<br />application.
<br /> (E) Operation Plans:
<br /> As part of the permit application,
<br />plans for the followihg shall be sub-
<br />mitted indicating how the items shall be
<br />established, constructed or provided
<br />for at the site.
<br /> (E-l) A source of water, disposal of
<br />water and re-use of water.
<br /> (E-2) Test results indicating the
<br />exact nature and source of the
<br />materials to be extracted, stored,
<br />processed or used'for f'fll.
<br /> (E-3) Plans for drainage, erosion
<br />control, sedimentation control and dust
<br />control.
<br />(F) Site r~clamation or restoration:
<br />(F-I) A comprehensive re-use plan
<br />showing that suitable provision will be
<br />made for the restoration of the area so
<br />that it will not become a health or
<br />safety hazard or a nuisance. Such plan
<br />shall incIude the final elevations, slopes
<br />and a. plan for the replacement of
<br />subsoil and topsoil. Where the City
<br />Deems it practical and necessary, such
<br />plan shah include adjoining related
<br />areas where excavations have
<br />previously been made. and remain
<br />under the control of the owner of the
<br />land on which the excavation is to be
<br />done or under the control of the person
<br />or party to do the excavating.
<br /> (F-2) Excavations made to a water
<br />producing depth must meet the
<br />fo]lowing requirements:
<br /> (F-2-a) The depth must be such that a
<br />permanent water body will be
<br />established.
<br /> (F-2-b) All banks shall be sloped
<br />the water line at a slope which shall not
<br />be steeper than three feet
<br />horizontal to. one il) foot vertical.
<br /> (F-2-c) All banks shah be sodded or
<br />
<br />
<br />
|