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f. ExcAvATION is the mechanical removal
<br /> of earth material below finish grade and shall
<br /> be limited to only those areas needing soil cor-
<br /> rection, and Shall not include the exporting of
<br /> earth material from the s re.
<br /> g. EXISTING GRADE is the grade prior to
<br /> grading.
<br /> h. FILL is a deposit of earth material placed
<br /> by artificial means ~o as to elevate the grade of
<br /> a site.
<br /> i. FINISH GRADE is the final grade of the
<br /> site which conforms to the approved plan.
<br /> i. GRADE shall mean the vertical location Of
<br /> the. ground surface.
<br /> k. GRADING is any excavating or filling or
<br /> combination thereof, with no importing or ex-
<br /> porting of material from another site.
<br /> I. KEY is a designed compacted fill placed In
<br /> a'trench excavated in earth material beneath
<br /> the 1oe bfa proposed fill slope.
<br /> m. LICENSE FEE is the annual charge for a
<br />permit as required herein. The term ',license",
<br />· "conditional use "permit" and "permit" as us-
<br />ed herein may be used interchangeably.
<br /> n. MINING is'the excavation of earth materi-
<br /> al and exporting that material from the site.
<br /> o. OPERATOR Is any person or persons, any
<br /> partnership, limited partnership or corporation,
<br /> or any association of persons, engaged in sur-
<br /> face ~nining operations and issued a permit
<br /> therefore pursuant to th!s ordinance.
<br /> p. PLANNING COMMISSION shall mean the
<br /> Planning Commission of the City of Ramsey.
<br /> q. ROUGH GRADE is the stage at which the
<br /> grade approximately conforms to the approved
<br /> plan.
<br /> r. sITE is any lot or parcel of land under the
<br /> same ownership, Where grading is performed or
<br /> permitted.
<br /> s. SLOPE is an inclined ground surface the
<br /> inclination of wh ch s expressed as a rate of
<br /> hot zontal distance to verhcal distance.
<br /> t. SOIL is naturally occurring superficial de-
<br /> posits o?erlying bed rock.
<br /> u. WATER TABLE is the surface of the
<br /> ground water at. which the pressure is at-
<br /> mospheric. Generally, this is the top of the sat-
<br />
<br /> 170.e17M(5) Administration:
<br /> A conditiodal use permit shall be required for
<br /> all grading, mining and filling operations as re-
<br /> quired herein. Said permit shall be applied for
<br /> pursuant to section 170~013D and issued for a
<br />. maximum period of three (3) years, after which
<br /> a ~ermit renewal Js required. Permit renewal
<br /> requests shall be processed as an original re-
<br /> quest for a conditional use permit.
<br /> The folloWing operations shall be covered by
<br /> this section:
<br /> the removal, crushing, borrowing, filling and
<br /> excavation of earth material.
<br /> The costs to the City of the continuous, ad-
<br />ministratiOn of any conditional use permit
<br />issued herein' shall be paid by the permit
<br />holder, in order to insure payment, the operator
<br />shall deposit with the City an escrow sum in an
<br />amount specified by.the City Engineer. Said
<br />escrow deposit will then be used to defray the
<br />City's expenses in the continuing administration
<br />of the conditional use permit. In the event the
<br />escrow fund is not properly funded, as above
<br />described, the operator shall cease and further
<br />operations and th~ Conditional use permit will
<br />be deemed suspended until the proper sums
<br />have been deposited into the escrow fund.
<br />These costs are in addition to any security re-
<br />quirements of the conditional use permit.
<br /> Application for the conditional use permit
<br />shall be made in writing to the Council on such
<br />form as lhe Council may from time to time des-
<br />Ignate, and shall include the following informa-
<br />tion:
<br /> a. Names and address of the applicant, opera-
<br />tor and owner of the land.
<br />b. The purpose of th? permit.
<br />· c. The exact legal description and acreage of ·
<br />the property to be graded, mined or filled.
<br />d. The folloWing maps of the entire site and
<br />including all areas wil~hin 350 feet of the site. All '-
<br />maps shall be drawn at a scale of 1 inch to 100
<br />feet unless otherwise stated beloW:
<br />~ Ma~ 1 - Existing site~:onditions to include:
<br />- contour map (2 foot intervals);
<br /> '~ existing v~get~tion'; ~' '.- ~ ....
<br />
<br /> - ~(iSting structureS; and '
<br /> =:'; e~istingWeils.
<br />
<br /> Safe~y fencing may be required around all or
<br /> portions of the grading, mining or filling opera-
<br /> tion at the discretion of the City Council.
<br /> Fencing may be ordered by the City Council
<br /> 'or City Engineer any time the permit is in force
<br /> ~nd shall be installed within 24 hours of written
<br /> notice.
<br /> d. Access Roads:
<br /> The location of the'intersection of mining,
<br /> grading or filling access~ roads with any public
<br /> roads .shall be selected such that traffic on the
<br /> access roads will have sufficient distance of
<br /> public roads in view so that any turns onto the
<br /> public road can be completed with a margin of
<br /> safety as determined by lhe City Engineer.
<br /> All. access roads from. grading, mining or fill-
<br /> ing operations to public highways, roads or
<br /> streets shall be maintained in order to minimize
<br /> dust considerations. e. Fill Materials:
<br /> An analysis of all fill materials must be pro.
<br /> vided to and approved by the City Engineer
<br /> prior to commencing any filling activities. NO
<br /> filling materials shall be permilted which in the
<br /> opinion .of the City Engineer would be
<br /> u.ndevelopable or create substandard soils. f. Screening Barrier:
<br /> To minimize problems of dust and noise and
<br />to shield operations from public view, a screen-
<br />ing barrier may be required between the site
<br />and adjacent properties. A screening barrier
<br />may also be required between the site and any
<br />public roads located within five hundred feet of
<br />any grading, mining or filling operations. The
<br />screening barrier shall be planted with a
<br />species of fast growing trees, and where prac-
<br />tical, stockpiles of overburden materials shall
<br />be used to screen the operation site. g. Slopes:
<br /> The maximum permitted slope for any
<br />grading, mining or filling operation other than
<br />the working face shall be sloped on all sides at a
<br />maximum ratio of two (2) foot horizontal to one
<br />(1) foot vertical, unless a steeper slope shall be
<br />approved by'the Engineer. In no case shell the
<br />slope of the working face of the operation be left
<br />unattended with a slope greater than two (2)
<br />feet horizontal toone (1) fopt vertical.
<br /> Where excavations are adjacent to a public
<br />roadway or other right-of-way, the excavation
<br />shall have a maximum four (4) ~o one (1) slope.
<br />Slopes adjacent to or contiguous to bodies of
<br />water shall be sloped al a maximum of six (6)
<br />toone (1).
<br /> h. Setback:
<br /> Grading, mining or filling operation shall not
<br />be conducted closer than thirty feet to the
<br />right-of-way line of any existing or platted
<br />street, road or highway, except that excavating
<br />may be conducted within such limits in order Io
<br />reduce or raise the elevation thereof in confor-
<br />mity to the existing or platted streel, road or
<br />highway.
<br /> i. Security Agreement:
<br /> Prior to commencing any grading, mining or'
<br />filling operations, a performance bond, cash
<br />escrow or irrevocable letter of credit, In such
<br />form and amounts es the City may require,
<br />shall be deposited with the City. The amount of
<br />this deposit shall vary according to the scope
<br />and duration of the project and shall be estab·
<br />lished by the City Council This deposit may be
<br />used by the City to: pay for the cosl and ex-
<br />pense of repairing any public right-of-ways due
<br />to the grading, mining or filling operation; pay
<br />for any costs-associated In administering the
<br />requirements of this Chapter of the City Code;
<br />and to pay for any restoratlor~ of the site not
<br />properly restored upon completion. This securl-
<br />ly shall be used by the City only in the event
<br />that the permit holder fails to pay bills submit-
<br />ted for costs incurred by the City. i. Earth Material:
<br /> No earth material shall be imported to or ex-
<br />ported from the site until the haul road has been
<br />officially designated as a haul road by the City
<br />and all materials hauled from the source shall
<br />be hauled over that road. The haul road deslg.
<br />nation process shall be pursuant to Section
<br />2051.3 .of the Minnesota Department of Trans.
<br />portation's.' standard Specifications for Con.
<br />structi0n, 1983 Edition.
<br /> 170.017M(7) Insurance:
<br /> The applicant'shall file with the CI9~'.~';~
<br />Jty insurance policy or certificate of such In-
<br />surance acceptable~ to the City and issued I~y an
<br />insurance company authorized to do business Irt
<br />the State of Minnesota.
<br />
<br /> ed over that road.
<br /> The Operator shall select a haul road (or
<br /> roads) over which he proposes to haul the ma-
<br /> teriels, as previously described, and notify the
<br /> City Engineer as to the road (or roads) so
<br /> selected. Within 15 calendar days after being
<br /> notified' of the haul road selection, the City
<br /> Engineer will, If he finds the road (or roads) so
<br /> selected to be a practicable route, approve that
<br /> road as a designated haul road.
<br /> After a haul road has been officially desig-
<br /> nated, the Operator may select a different road
<br /> for official designation under the same condi-
<br /> tions as previously stated. However, any
<br /> changes made In haul road designation shall not
<br /> relieve the Operator of his obligation of restor-
<br /> ing the previously designated haul road if any
<br /> of the above described materials were hauled
<br /> over that road.
<br /> While hauling operations are in progress, the
<br /> Operator shall maintain the haul road in a con-
<br /> dition satisfactory to the City Enginee.r. This
<br /> work shall Include application of water,
<br /> bituminous material, or calcium chloride to the
<br /> road surface as may be necessary to alleviate
<br /> dust nuisance and eliminate traffic hazards.
<br /> This work shall also include the removal of
<br /> spillage of any material on the haul road.
<br /> When hauling operations over any haul road
<br /> are completed, the Operator shall (at his op-
<br /> lion): (a) restore that haul road to a condition
<br /> at least equal to that which existed at the time
<br /> the hauling operations were started; or (b)
<br /> compensate the local road authority in an
<br /> amount satisfactory to that road authority and
<br /> concurred in by the City Engineer for the resto-
<br /> ration of that haul road by the City.
<br /> The fact that other traffic has used the haul
<br /> road concurrently with the hauling of th~'a~bo~ve
<br /> described materials shall not relieve the Opera-
<br /> tor of his obligation to maintain end restore the
<br /> haul road as above provided.
<br /> The City Engineer's determination as to the
<br /> kind and amount of maintenance and restora-
<br /> tion work required to restore the haul road to a
<br /> condition equal to that which existed at the time
<br /> the hauling operations were started shall be
<br /> fipal, binding and conclusive.
<br /> When hauling over any designated haul road
<br />has been completed and the Operator has
<br />restored that road or has compensated for that
<br />restoration as required, the City Engineer will
<br />accept such restoration or concur in such finan-
<br />cial settlement for the restoration of the haul
<br />road (as the case may be) In writing, and such
<br />acceptance will relieve the Operator of any ad-
<br />dltlonal obligation In connection with the resto-
<br />ration of that road.
<br /> If the Operator fails or refuses to perform
<br />haul road restoration or to make satisfactory
<br />financial settlement for such restoration as re-
<br />quired within the period specified in a written
<br />notice by the City Engineer, the City will cause
<br />the restoration work to be done and require
<br />reimbursement therefor from the Operator's
<br />Surety.
<br /> Operators shall obey all state, county and
<br />municipal road limits and other applicable traf-
<br />fic regulations in hauling to end from the site.
<br />Operators shall also restrict trucks hauling to
<br />and from the site to the use of those public
<br />highways designated by the permit.
<br /> 170.017M(11) Site Restoration:
<br /> All grading, mining and filling sites shall be
<br />restored Immediately after operations cease.
<br />Restoration shall be complete within sixty
<br />days of the cessation of operations. The follow-
<br />ing standards shall apply to restoration.
<br /> a. The peaks and depressions of the ~site shall
<br />be graded and backfllled to a surface which will
<br />result in a gently rolling topography In substan-
<br />rial conformity to the land area Immediately
<br />surrounding the site and which will minimize
<br />erosion due to rainfall. NO finished slope shall
<br />exceed twelve percenl (f2%) In grade.
<br /> b. Restoration shall begin' after the grading,
<br />mining and/or filling of twenty five percent
<br />(25%) of the total area to be mined or five (5)
<br />acres, whichever is less. Once these areas have
<br />been graded, mined or filled, the~/ shall be
<br />sloped and seeded as per the restoration plan; .
<br /> c. Restored areas shall be surfaced with a soil
<br />of a quality at least eq(~al to the topsoil of land
<br />areas immedlatelyr surrounding .the.site, and
<br />e .depth of at least slx (6) Inches. The topsoil
<br />shall be seeded, sodded, or planted with
<br />grasses. Trees and shrubs may also be planted
<br />but not as a substitute for grasses. Such plan.
<br />
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