HomeMy WebLinkAboutOrdinance - 36 - Regulating Excavations, Pits and Removal of Dirt - 05/14/1963 Ordinance No.1,_„
Date Adopted tlav 14, 1969
c AN ORDINANCE OF THE VILLAGE OF EDEN PRAIRIE,
HEITNEPIN COUNTY, r'MMSOTA
PEGULATING EXCAVATIONS, PITS, AND REMOVAL OF EARTHLY DEPOSITS
Section 1. Purpose
Comm-_r:,-_al. mining, stripping, extracting and excavating activities are now being and
for some t1.^e have been conducted in certain places in the Village, in order to remove
from the ground black dirt, sand, gravel and other minerals or substances existing on,
in or under such place. Such acts are inherently accompanied by noise and dust, often
create hazardous conditions, and usually result in lasting disfigurement of the places
where they are carte ied on, and thus tend to interfere vri.th the existing land uses in
nearby areas, and to discourage further permanent development of the surrounding prop-
erties, and to impair adequate planning for municipal development, and to dimish the
public health, safety and general welfare. It is therefore desirable to regulate both
existing operations and any further extension of such mining, stripping, extraction,
and excavation operaticns in the Village, all by means of the power granted to the
Village Council in Minnesota Statutes, Sec. 412.221, Subdivision 23, 24, 29, and 32
to regulate by ordinance public nuisances, noise or other disorder and uses of land
in the Village for various purposes, and to provide for the good order of the Village
and the general welfare of the public.
Section 2. Defi_-itions
Subdue,7ision 1. Village - shall mean the Village of Eden Prairie, Hennepin County,
Minnesota.
Subdivision 2. Person - shall mean any individual, partnership, firm, group of
individuals or corporation however constituted.
Subdivision 3. Open Pits or Excavatio_is - shall mean any artificial excavation of
the earth, vlthff_n the limits of the Village of Eden Prairie, dug, excavated or made by
the removal from the natural surface of the earth if sod, soil; sand, gravel, stone
or other matter, creating a depression or depressions, exceeding in any one place 200
square feet of surface area, the bottom or lowest point of which shall be two feet or
more below, or lower Shan, the level of the adjoining unexcavated land: in which depres-
sion, pit, or excavation water may fall, gather, collect and remain stagnant, putrid
or polluted; or which depression may be or become dangerous from the standpoint of public
safety or health, or to children playing therein or thereby; or which depression may
become a public nuisance, or deteriorate the value of adjacent property. Depressions,
pits, or excavations made for the purpose of the foundation, cellar or basement of.
some immediately pending superstructure to be erected, built or placed thereon contem-
poraneously with, or immediately following such excavating, and covering or to cover
such excavated pit or depression when completed, are excepted, if a building permit has
been :issued.
Subdivision 4. Impounded waters - shall mean any water kept on public or private
property within said Village in such a manner that more than 500 gallons of water are
above the natural surface of the surrounding ground. The word "water" or "waters" as
used in the preceding sentence, shall be deemed to include any and all liquid substances,
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Section 3. Permit Reani,ed ti
Subdivision 1. No pe:scn shall open, cperate or maintain either directly or indirectly
any excavation for the purpose of removing earthly deposits therefrom or permiting or s
maintining impounded waters therein unless such person shall first have applied to and
obtained fro^: the Village Council, in the manner hereinafter provided, a permit author- a
izing same; proved, however, that -
(a) Any such excavation now being operated and maintained shall have a period of
forty-five (45) days from and after the date of passage hereof within which to make
application fcr pe=lt in accordance herevrith:
(b) No permit shall be required by any person making any excavation in eonjuncti.on
with a building for which he shall have previously applied for and obtained an appro-
priate building permit.
Section 4. Application
Subdivision 1. Application for said permit shall be made in writing to the Village
Council. The application shall set forth the location and plan of removal of earthly
deposits from such proposed excavation. Such application shall also include!
(b) A topographic map of the proposed pit or excavation area to a scale of one inch
equals 100 feet and to a 2 foot contour interval to show the area as it presently exists
and a minimum of one hundred (100) feet of adjacent land on all sides of the proposed
excavation area.
(c) A topographic map drawn to a scale of one inch equals 100 feet and with a 2 foot
contour interval satisfactory to the Village Engineer showing:
(1) the proposed or planned contours of the land when the gravel removal operations
are completed.
(2) the proposed method of impounding any water used for washing purposes.
(d) A designation of the roads, streets or highways within the Village limits over
which any material removed from the proposed pit or excavation area is to be handled or
carried.
(e) The estimated period of time that pit will be operated.
(f) Applicant shall, as required by the Village Council, post a bond, executed by a
corporate surety company authorized to do business in the State of 11innesota, in such form
and sum as the Village Council shall determine. The amount of the bond to be based on
the Village' s estimate of restoring the property to the final grades and finished ele-
vations for the project to the levels established in the topographic map furnished by r
the applicant pursuant to Section 4 herein.
(g File with the Village Clerk a liability insurance policy or certificate of such
insurance, issued by an insurance company authorized to do business in the State of
Minnesota, The policy shall insure the person performing acts described in Section 2
of the ordinance and the Village of Eden Prairie as an insured in the sum of at least t
'100,000.00 for injury to one person, and $300,000.00 for one accident, and at least
$50,000.00 property damage or in such other amounts as the council shall determine.
The policy shall be kept in effect until the termination of a permit granted pursuant
to this ordinance. k.
(h) The true and full name and address of the person applying for permit hereunder;
and,
(i) A permit fee in the sum of $100.00. In the event said application for permit :3
is denied, such fee shall be returned to applicant.
Section 5. Annual License Fee
Subdivision 1. In addition to the permit fee required as specified in Section 4
M herein above, each holder of such permit shall apply to the Village Clerk of the
Village for a renewal permit annually on or before Janaury 1st, commencing in the same
year in which the original permit is issued and pay therefore an annual license fee of
$100,00.
Section 6. Regulations and Requirements
Subdivision 1. The Village Council as a prerequisite to the granting of said permit,
or after such permit has been granted, may impose such further restrictions and require-
ments as may be reasonable and necessary under the particular circumstances of each
applicant. Such restrictions and requirements may be in agreement form with the applicant
or any other person interested, directly or indirectly, in the issuance of such permit,
and may include among other things that; 3
(a) No excavation or digging shall be made close to any adjoining road or structure
as may endanger the support thereof.
(b) No operations shall be conducted prior to the 7:00 o° clock a. m. nor after
6:00 p. m. nor any time on Sundays and legal holidays.
(c) All reasonable means shall be employed by applicant to reduce dust, noise and
nuisances.
(d) :.'here necessary to eliminate unsightly view of the excavation operations, appli-
cant may be required to plant suitable fast growing screening trees.
(e) During the entire period of operations, all excavations, other than the work-
ing face, shall be sloped on all sides at a maximum ratio of 4 to 1, unless a steeper
slope shall be approved by the Village Engineer.
(f) No manufacturing or processing of any kind shall be permitted on the site at any
time except the crushing of gravel, without first obtaining written approval of the
Village Council.
(g) Applicant shall not drill nor install any well larger than 10 inches on the
site without first obtaining approval from the Village Council in writing.
(h) Applicant shall dispose of all waste water used on the site in a manner which
will not adversely affect adjoining property and shall use stilling ponds or other methods
of disposing of the suspended solids in the waste water that are satisfactory to the
Village Engineer.
(I) Upon ceasing operations or leaving any particular excavation or area in the site,
applicant shall regrade sarie as stated in Section 4 of the Ordinance and in accordance
with final grading plan agreed upon by Village Council and operator or owner of pit
when the original permit was issued or when renewed.
(j) Applicant shall provide adequate access roads to and from the site which shall 1
be oiled and improved to the extent of maintaining a dust free surface and with proper
sight distances for traffic safety at each point of access.
(k) Applicant shall adhere to all county and village load limits in hauling to and
from the si•:;e.
(1) Applicant shall fence the pit or excavation area so as to protect the public
against injury by reason of the excavation.
(m) Applicant shall keep any pit, excavation, or impounded waters within the limits
for which the particular permit is granted.
(n) Applicant shall change, alter or modify any excavation or operations therein
deemed by the Village Council to be unsanitary, dangerous. polluted or inimical to the
general welfare of the Village.
(o) Applicant shall provide warning signs and flagmen for proper traffic safety
during periods of heavy traffic to and from or past the site and at such other times
as the Village Council may require.
(p) Applicant shall keep area free of noxious weeds.
(q) In the event operations cease, or substantially so, on said site for a period
of more than one year, or in the event substantially all gravel and sand deposits there-
on have been removed, no further operations shall be conducted thereon and the council
may terminate the permit to operate the pit.
(r) applicant shall not permit any other person, firm, or corporation or combination
thereof to operate said pit, other than hauling to and from the pit, without first
obtaining the written consent of the Village Council and an appropriate acknowledgement
by such others that they will be bound by any agreement in effect and covered by bond.
(s) To assure that the grading plan approved by the Village Council is being followed, '.
the Village Engineer may make, at the expense of the person or firm operating the pit,
those field measurements the Village Engineer deems necessary to assure that the approv-
ed grading plan is being followed. Such work to be done at the direction of the Village
Council and on an hourly basis at the time charge fixed by the Village Council.
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Section 7. Penalty
r (a) Withholding of Permits. For failure to comply with the requirements of this
ordinance, the council may withhold or revoke any permit proposed or issued pursuant
to Section 3 of this ordinance,
(b) Violation a Nuisance. Any mining, stripping, extracting, or excavating activities
conducted in violation of this ordinance are hereby declared to be a public nuisance,
and may be abated in a civil action for an injunction brought by the Village.
(c) Violation a Misdemeanor. Any violation of the ordinance shall constitute a
misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more
than $100. Time is not an essential characteristic of any offense under this ordinance,
and each act performed without complying with all restrictions and requirements of this
ordinance shall constitute a separate offense.
(d) The Village Council may, for failure of any person, firm or corporation to com-
ply with any requirement made of it in writing under the above provisions, as promptly
as same can reasonably be done, proceed to cause such requirement to be complied with,
and the cost of such work shall be taxed against the property where the pit, excavation F
or impounded waters are situated; or the Village may at its option proceed to collect
such costs by an action against the person, firm or corporation to whom such permit
has been issued.
Section 8. Invalidity
If any part of this ordinance shall be held invalid, such part shall be deemed sever-
able and invalidity thereof shall not affect the remaining parts hereof. }
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Section 9. Effect
�. This ordinance shall take effect upon its adoption and publication according to law.
The foregoing ordinance was duly approved and adopted '+,, the Village Council, Village
of Eden Prairie at a regular meeting thereof on the 14th day of May, 1963.
f
(S) Donald Rogers, Mayor
Attest:
(S) Elmer E. Clark, Clerk
P
Published in the Hennepin County Review on May 23, 1963
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Ra ���;AFFIDAVirOFPUBLICATtG � �� .,:
(t(1 /tpPlieant shall •tlofr"tirill
l' install : anv' well,•ias+ter than 1R
Inches an Eke site without firsts oA-
t�►lnina approval froa%,.t!)et V1IYi)Ifa:
The Hennepin County Revi Cnnr►d!in writing
th) Applicant shall dlspWe;af al
a rifts water, used on rite site isn a
manner;which will'not:;advess4l of
feet adjoinlmtpropgrtY-Prod shal�ttse u ;:
Hopkins, Minn, r-talisatt ponds,or aches metlooda� At
disposing of,the suspended aultds in tas
i.the +wastte water that-aria, ag1a�c e
-iorr.to the Vil'ame EnfCut�s• fa:
(I) Upon ceasing Overations .At
lenvinft anv particular-eXcavat10M ar It«
State of Minnesota sores in the site; applicant Sloan t+"
Rratie same as stated in Sectia"
SS. of the Ordinance and.iq accArdanca
County of Hennepin ,vast final! RradinqR plastr agroed'upon
by Villare Ceurctt and,operlt4or or
11 Owner of, _plt 'wt+en theL.. :orig#Aal t#t•1
JONN E. TILTON. being duly sworn, on oath says: that he now is and during all the time herein- F permit «Hus issued,,,. or vrhen re- v
flawed
Olt- Ap lk;ant•shall ",vrovlderi sds-
stated has been JOHN E. TILTON. the publisher.. .. and printer of the newspaper known s auate access rondo to.anti from tba F: i }
a., h. . Hennepin Ca;:r.ty Review, and has full knowledge of the facts herein stated. site which shalt he 'Oiled' and • a!i
k pmvedto Ms.extent.of mainta>t�iftit
a trust fret,' surf#ce�and'Wlttt pfOpt°r #
That for more than one year Immediately prior to the publication therein of the printed slight distances far trat,Itc suilty at t'
each point of access. $
tk) Applicant shall adhere.to ail
county .and villate load ltinita fit
fill-Applicantkat°haiv emcee:tNc Vtt
or excavation area ao as to, pra
7� ..tect the public axaft+at In,tury by ,
i% ..=1�%t= ,✓. ..G.i..«K�.��:':�-,i'...Kei4'�$.�.+ ..�...w r..... _ reason:,of the excavation. 3 ,
................. .....'. .... (flta Analleant shall keep any ptt,
exexvoUnn,' or ftnpamded waterot
KIthin the limits for which-tine pat`• "v
Ocular permit to Rranted'
(n)� AopUcant stfatl cttanRe., slier
hereto attached, said newspaper was printed and published in the English language from its or moA1ty an,Y excavation pr pper
known office of publication within the County of Hennepin, State of Minnesota, on Thursday of otions thareln deeoned b t>�4 �fiR
each week in column and sheet form equivalent in space to 450 running inches of single column elate Council•to-be uryt. �itq,
two inches wide- has been issued from a known office established in said place of publication " Rerous. polluted or irdinieal tp ";
equipped with skilled workmen and the necessary material for preparing and printing the same: i general welfare of tba'•Y �
THE HENNEPIN COUNTY REVIEW has had in its makeup not less than twenty-five percent (*I Applicant'shall Vrovfde iltaAe wal n
of its news columns devoted tc local news of interest to said community it purports to serve, the tn(t stioms',and ifaRtneun-for prop4t`
press work of which has been done In its said known place of publication; has contained general trtff)e safety :durJnti periOtte of
news. comments and miscellany; has not duplicated any other publication; has not been entire- .heavy traffic to and ft'otts a'r°
ly made up of patents, late matter and advertisements; has been circulated at and near its said the site•APd-.'at.(tuck r otloes cif
publication to pp regularly oa the Villare'councl flush• rasiq
place of the extent of 240 copies re larl delivered to L..,rmg subscribers; has been i
entered as second class mail matter in local post office of its said lace of ip>' Aapilcan6 shsl IF�FSA afef!.
po p publication: that there worts
has been on file In the office of the County Auditor of said county the affidavit of a person hav- free or noxious(a) In the,evelol opoaratootta
ing first hand knowledge of the facts constituting fta qualifications as a newspaper for publication or,substanti 1st''so blot`said aster,
of legal notices; and that its publishers have complied with all demands of said County Auditor :n period, nsore;thaff onees�
for proofs of its said qualification. A copy of each issue has been filed with the State Historical or a -the event
Society,St,Paul. a orvel And sand deoo�itt�� tit
�. f , i s3 alt3 i_`i have beep removed fife >fiutA d#T+
That the printed r"i 't1" 'Q u. 4. �'. ^� .. ;P�. .. .......... start here; slitbetq r m*
t and t c9u xt►+tY�,
' Pert #t Appo rat�t� t.10.i*i R lr a.•_'•._ el+lov�,l cr i�igrtY:Zy Ne•-o�its. . . . ` _ (r>^` taant a�; '
r
Any other person cis o:R et►icportt�
hereto attached as a part hereof was cut from the columns of said newspaper;• was•publis 'tion At+rcotfobinataots tttereot?to
ear
crate-
one to" satA, pit. oW t 1SattilitfiK,.,
load from tits aft ut ;l 0
therein in the English language once a week for .......... ..successive weeks; that it was rhtatnlpic ode wrlttialvi.Caonf t f tt
,.� ;Yilliu[e'Council:•sift!3 e,ADroDriAtlf
first so published on the .....!�t� S+....... fA t�chnourledRetnenz > sttcb othet4lf r,
p ......day oL•.............y........., 19......3.and that they •wtll' pe"'atouad bat any ;
uxreerpent in.,a affect awlV,c+aMsi'e(l hilF `
thereafter on........... .... ................. of each week to and including the ........ ........•. 9 (ado -To assure thattha*'Rtpa,
y 19...... and that th. following is a copy of the lower case >�nRizseer, 1pts;ath inalk_C. e
plan .apbroved'by the-
da of ell Is being tgltowexR at tV
..ttensec"of tpe tx�rho" or,1flrin'i olleh
u
sting the Wit, ose 4 4014 tnaaagak+►
is acknowledged O �ha:a been the size and kind of type used in the publics. � My
neee�il �plAoeOt" b
tion sofa said which;... i. ......t 1 �
abedefghi]klmnopgratuvwxyz slip:dtradatlt pt3 at V,?N
aa 'All
! �* t a tlx ad.Ott .
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............... . ... .. .. . �Y � .{.
Publisher. •.•. ,�.,'� ,�, d�,-c�.� '
Subscribed and sworn to before me this .. L .. ...... day of .........'... . .... 1 w
e `
Thomas WWilling,N ublle.Hennepin County,Minn.
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My Commission Expires June 18, 1989
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