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HomeMy WebLinkAboutNo 415 Mineral Extraction OrdinanceORDINANCE NO. 415 MINERAL EXTRACTION ORDINANCE An ordinance licensing and regulating the removal of sand, gravel, rock, soil and other natural deposits in the City of Maplewood, Minnesota, requiring a permit for said activity, and providing for fees and guarantees, and pre- scribing penalties for violation of same. THE COUNCIL OF THE CITY OF MAPLEWOOD HEREBY ORDAINS AS FOLLOWS: Section 1. The Zoning Code of the City of Maplewood is hereby amended by adding Section 917, as follows: 917.010. PURPOSE AND INTENT. The purposes of this ordinance are: To provide for the economical availability of sand, gravel, rock, soil and other materials needed for continued growth of the region and the City of Maplewood; to establish reasonable and uniform limitations, safeguards, and controls for the future production of said minerals; to control the effect of the mining operation upon adjacent property and other areas of the City; to provide for the restoration of the mining operation and mining area during and after termination of the removal operation; to provide for the subsequent use of the mined area in accordance with the Comprehensive Plan; to control and minimize pollution caused by erosion or sedimentation, all in furtherance of the health, safety and general welfare of the citizens of the City of Maplewood, Minnesota. 917.020. RELATIONSHIP TO 'ZONING ORDIAANCL'. This ordinance shall apply to areas within the City of Maplewood in which the removal of minerals including sand and gravel is a per- mitted or special use. The standards and requirements set by this ordinance shall govern the issuance, renewal and termination of the mineral extraction permit required by Section 917.040. 917.030. DEFINITIONS. 1. Dust - air -borne inorganic particulate matter other than smoke; 2. Extraction permit or permit - the permit required by Section 917.040 of this ordinance; 3. Minerals - nonmetallic material found in the earth including, but not limited to sand, gravel, rocs: and soil, which may be covered by overburden; 4. Mining, or extraction - the removal and processing minerals; S. Overburden - those materials which lie between the surface of the earth and the mineral deposit to be mined; 6. Rehabilitation - to renew land to a self-sustaining long term use which is com- patible with contiguous land uses, present and future, in accordance with the standards set forth in this ordinance; 7. Topsoil - that portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation. 917.040. MINERAL. EXTRACTION PERMIT. Except as hereinafter provided in this ordinance, it shall be unlawful for any operator to engage in the extraction of minerals without having first obtained a written permit from the City of Maplewood authorizing the sane. 917.050. EXCEPTIONS. The permit requirements established by this ordinance shall not apply tot 1. Emergency work necessary to preserve life or property. When emergency work is performed under this section, the operator performing it shall report the pertin— ent facts relating to the work to the City Manager prior to the commencement of the extraction. The City Manager shall review the facts and determine whether an emergency exists and shall by written memorandum authorize commencement of the emergency exception. An operator commencing emergency work shall within 10 days following the commencement of that activity, apply for the issuance of an extract— ion permit and on the issuance thereof shall be required to perform such work as determined to be reasonable necessary to correct any environmeltal impairment occasioned by such work. The City Manager may also authorize an emergency except— ion for similar actions necessary to preserve life or property relative to a min— eral extraction operation processing a valid permit. If action contrary to the existing permit or conditions attached thereto is necessary for safety reasons the City Manager may, upon review of pertinent facts authorize an emergency ex— ception. 2. Operators now conducting operations governed by this ordinance and for which this ordinance requires a permit may continue such operations, but within sixty days of the effective date of this ordinance shall make application for a permit. Fail— ure to apply for a permit shall be a violation of this ordinance; however, on re— quest and for cause, the City Manager may extend the time for the initial applicat— ion to ninety days. 917.060. APPLICATION FOR AND PROCESSING OF PERMIT. 1. The mineral extraction permit shall be processed in accordance with the same pro— cedures specified in Section 911 of the Maplewood Municipal Code; 2. An application for a mineral extraction permit shall contains A. The nate and address of the operator and owner of the land; B. The correct legal description of the property where the extraction is proposed to occur; C. A certified abstract listing the names of all land owners owning property within one—half mile of the boundry of the property described above; U. Specifications of the following using appropriate maps, photographs and surveys t I. The physical relationship of the proposed mining area to the community and existing and future community development; II. Site topography and natural features including location of water courses and water bodies; III. The quality and quantity of minerals to be excavated; IV. Time depth of water tables throughout the area; — 2 — V. The average thickness of overburden in the area subject to mineral extraction. E. The purpose of the operation; F. The estimated time required to complete the operation; G. The plan of operation, including processing (any operation other than direct mining and removal),, Mature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water; Tl. Travel routes to and from the site; I. The plans for drainage, wind and water erosion control, site security, sed- imentation and dust control; J. A geology report analyzing structure, soils and related geological factors to determine appropriateness of the proposed operat$on as well as suitability of eine to support subsequent use; K. A rehabilitation plan provided for the orderly and continuing rehabilitation of all excavated land. Such plan shall illustrate using appropriate photo- graphs, maps and surveys, the followings I. The contour of land prior to excavation, after completion of excavation and after completion of rehabilitation; II. Those areas of the site to be used for storage of topsoil and overburden; III. A schedule setting forth the timetables for excavation and rehabilitation of land lying within the extraction. facility; We The slope of all slopes after rehabilitation and a description of the type and quantity of plantings where reveg;eta.tion is to be conducted; V. The criteria and standards to be used to achieve final rehabilitation as well as intexrmittaant stabilization. 3. Approval of such ;clan shall be for a period not to exceed five years and shall be renewable for a three year periods thereafter. An overall plan for mineral ex- traction will be reviewed by the City Council, 4. Implementation of the overall plan shall, be by means of renewable annual mineral extraction permits. The purpose of the renewable permit is to assure conpliaance with the longer range overall plan and to retain the ability to modify existing, or attached new conditions in accord with changing characteristics of the site or its surroundings. S. Tile mineral extraction permit may be terminated for violation of this ordinance or any conditions of the permit, Bio permit may be terminated until tile City Council has held a public hearing to determine whether the permit shall be ter- minated, at which time the operator shall be afforded an opportunity to contest the termination, The City Council may establish conditions, which if not complied with, will result in automatic termination of either the overall plan permit or a given annual mineral extraction permit# 6. It shall be unlawful to conduct mineral extraction after of permit has been termi.n- ated pursuant to this section. 7. Renewal permits. Request for renewal of the permit shall be made sixty days prior to the expiration date. If application for 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 herein for an original application. 8. Conditions: An extraction permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this ordinance when such con- ditions are reasonable and necessary to insure compliance with the requirements and purpose of this ordinance. 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 construct- ion of structures, require the stagingof extraction over time, require the alter- ation of the site design to insure compliance with the standards, require the provision of a performance bond by the operator to insure compliance with these regulations or other similar requirements. 9. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this ordinance shall relieve any person from any respon- sibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability on the City of Maplewood, its officers or employees for any injury or damage to persons or property. A permit issued pursuant to this ordinance does not relieve the per- mitee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation. 917.070. ST&NDARDS 1. The extraction site shall consist of at least ten acres unless contiguous to existing permitted mining operation. . Operation shall not be conducted within: A. Fifty feet of an existing street or highway; B. Thirty feet of the right of way of an existing public utility; C. Fifty feet of the boundary of any zone where such operations are not per- mitted; 13. Thirty feet of the boundary of an adjoining property not in mining use. 3. Fencing - During operations, any area where collections of water are one and one- half feet in depth or more or where excavation slopes are steeper than one foot vertical to one and one-half feet horizontal and any other areas where obvious danger to the public shall be fenced when such a situation has existed or will exist for a period of five working days or longer. The City Engineer shall review such fencing to assure its adequacy. He may waive this requirement or require additional measures based on his judgment and the characteristics of the particular instances. As as alternative the City Engineer may require perimeter fencing of the entire extraction site. - 4 - 4. Appearance and screening. A. Machinery shall be kept in good repair and painted regularly; S. Abandoned machinery and rubbish shall be removed from the site regularly; C. All structures that have not been used for a period of one year shall be removed from the site; D. All equipment and temporary structures shall be removed and dismantled not later than six months after termination of mining operation or expiration of this permit; E. Where practical, stockpiles of overburden and materials shall be used to screen the mining site; F. The perimeter of the mining site shall be planted or otherwise screened when such is determined by the City Council to be necessary; G. Existing tree and &,round cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transplanting of trees, shrubs anti other ground cover along all set back areas. 5. Operating Standards: A. Noise - the maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Environmen- tal Protection Agency of the United States; B. Hours - mining operations shall not commence before 7 A.H. nor continue after 7 P.M. C. Explosives - the use and handling of explosives shall be reviewed and. approved by the Public Safety Department. Blasting shall occur only at hours specified in the permit and at no other time; D. Dust - operators shall utilise all practical means to reduce the amount of dust caused by the operation. In no case shall the amount of dust or other par- ticulate matter exceed the standards established by the Minnesota Pollution Control Agency; X. Water Pollution - operators shall comply with all applicable Ramsey County, Minnesota Pollution Control Agency regulations and Federal and Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated wash water, shall be deposited in any lake, stream or natural drainage system; F. Top Soil Preservation - all top soil shall be retained at the site until com- plete rehabilitation of the site has taken place according to the rehabilitat- ion plan. 6. Rehabilitation Standards: - 5 - A. Rehabilitation shall be a continuing operation occurring as quickly as possible after the gaining operation has moved sufficiently into another part of the ex- traction site; Be Slopes - all banks and slopes shall be left in accordance with the rehabili- tation plan submitted with the permit application. So rehabilitation slopes shall be steeper than rive feet horizontal to one foot vertical, except that steeper slopes may be permitted in accordance with the rehabilitation plan when said slopes are planned for approved recreational uses, for example, ski hills and sliding hills; C. Cover and Planting - slopes, graded areas, and backfilled areas shall be sur- faced with at least three inches of topsoil and planted, with ground cover suf- ficient to hold the soil. Such ground cover shall be tended as necessary until it is self -sustained; D. Water Lodies - all water areas resulting from excavation shall be eliminated upon rehabilitation of the site. In unique instances where the City Council has reviewed proposals for water bodies at the time of approval of the overall plan and has determined that such would be appropriate as an open space or recreational amenity in subsequent reuse of the site water bodies may be per- mitted; Be Fiscal Elevation - no part of the rehabilitation area which is planned for utilization for uses ether than open space or agriculture shall be at an elevation lower than the minimum required for gravity connection to sanitary storm sewer. 917.{)60. FEES P14D EVIDUNCES OF FINANCIAL -RESpolusunmy 1. Fees - A schedule of feels for the examination and approval and applications for mineral extraction permits and the inspection of mineral extraction operations for compliance with conditions of this ordinance and the rwrmit shall be determined by resolution of the City Council, which may from time to time change such schesdule. Prior to the approved and issuance or renewal of any mineral extraction permit$ such fees shall be paid to the City and be deposited to the credit of the general fund. 2. Performance Bond or Irrevocable Tetter of Credit A. Prior to the approval and issuance of any mineral extraction permit, there should be executed by the operator and submitted to the City Manager an agree- ment to construct such required improvements, to dedicate such property or easienents, and to comply with such conditions as may have been agreed. to. Such agreement shall be accompanied by 'bond with surety or condition accept- able to the City Manager in the amount of the established costs of complying with the agreement; Be The aforesaid agreement bond or letter of credit shall be provided for guar- anteeing completion and compliance with the conditions set forth in the permit within the time to be approved by the City Council; C. The adequacy$ conditions and acceptability of any band or letter of credit hereunder shall be determined by the City Manager. r 6 r 3. Operator shall furnish the City of Maplewood with a "hold harmless agreement" subject to the approval of the City Attorney and shall provide evidence of Com— prehensive Ceneral Liability and Automobile Liability insurance with limits of at least 250,000/500,000 bodily injury and 100,000 property damage liability with the City of Maplewood shown as an additional insured for this operation. 917.090. VALIDITY. The validity of any word, section, clause, paragraph, sentence, part or provision of this ordinance shall not effect the validity of any other part of this ordinance which can be given affect without such invalid part or parts. Section 2. This Ordinance shall take effect and be enforced upon passage and publication. Passed by the City Council of the City of Maplewood, this 28th day of April, 1977. Attest: — 7 — Ayes — 4 (Mayor Bruton, Councilmen Anderson, Murdock and Wiegert) Flays — 1 (Councilman Creavu)