HomeMy WebLinkAboutOrdinance - 142 - Regulating Excavations - 03/10/1970 =LLa
VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 142 k
AN ORDINANCE REGULATING EXCAVATIONS, PITS AND REMOVAL
OF EARTHLY DEPOSITS 4
Section 1. Purpose
Commercial mining, stripping, extracting and excavating activities are
now being and for some time 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 carried on, and
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thus tend to interfere with the existing land uses in nearby areas, and to
discourage further permanent development of the surrounding properties, and
to impair adequate planning for municipal development, and to diminish 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 operations 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 in order
that mining be conducted so as to be consistent with and a step toward future
development of land, and to provide for the good order of the Village and the
general welfare of the public. Consideration shall be given to its character
as residential and non-residential, the nature of surrounding land, and future a'
development in conformance with actual development and the Comprehensive Guide
Plan. Mining should be a regulated and permitted interim land use in non-
residential districts, without justification by evidence that feasible develop-
ment requires mining. Mining should be permitted in residential districts as
an interim land use only when it has been justified by evidence that development
without mining is riot feasible.
Section 2. Definitions
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Subdivision 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 Excavations - shall mean any artificial
excavation of the earth, within the limits of the Village of Eden Prairie,
dug, excavated or made by the removal from the natural surface of the
earth of sod, soil, sand, gravel, stone or other matter, creating a
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° depression or depressions, exceeding in any one place 200 square feet W.
of surface area, the bottom or lowest point of which shall be two feet
or more below; or lower than, the level of the adjoining unexcavated
land, in which depression, pit, or excavation water may fall, gather, h
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 super-
structure to be erected, built or placed thereon contemporaneously
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.
Section 3. Permit Required
Subdivision 1. No person shall open, operate or maintain either directly
or indirectly any excavation for the purpose of removing earthly deposits
therefrom or permitting or maintaining impounded waters therein unless
such person shall first have applied to and obtained from the Village
Council, in the manner hereinafter provided, a permit authorizing same,
provided, however, that -
(a) No permit shall be required by any person making any excavation
in conjunction with a building for which he shall have previously applied
for and obtained an appropriate 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:
(a) 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
snow 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.
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(b) A topographic map drawn to a scale of one inch equals 100 feet
and with a 2 foot contour interval satisfactory to the Village Manager
showing: a
(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.
(3) a development, grading, drainage, and planting plan. The
development plan must be in conformance with the Village
Zoning ordinance and must encompass at least 25 acres, :
even if the proposed mining area consists of an area less
than 25 acres. If the mining area is larger than 25 acres,
a development plan must encompass the entire permit area.
(if the mining operations are to be terminated or interrupted
for a period of six (6) months or more prior to the final
grading plan, the applicant must submit an interim grading
and finish plan for staff approval and complete the required
work or the permit will be revoked. )
(c) A designation of the roads, streets or highways within the
Village limits over which any material removed from the proposed pit
r( or excavation area is to be handled or carried.
(d) The estimated period of time that pit will be operated.
(e) Applicant shall, as indicated in Section 5 below, post a
bond, executed by a corporate surety company authorized to do business
in the State of Minnesota, 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
elevations for the project to the levels established in the topographic
map furnished by the applicant pursuant to Section 4 herein.
(f) 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 peforming acts described in Section 2 of the Qrdinance and the
Village of. Eden Prairie as an insured in the sum of at least $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.
(g) The true and full name and address of the person applying for
permit hereunder.
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{ (h) An application fee as hereinafter set forth in Section 5
must be paid at the time of making the application. In the event said
application for permit is denied, such fee shall be returned to applicant.
(i) Ecological and environmental evaluation of the effect of
proposed mining upon adjacent land uses including delineations and
evaluation of vegetation, water and water courses and natural site buffers.
(3) A proposed land development plan covering the mining site.
(k) A graphic and written description of mining operations by
significant stages.
(1) The true and full name and address of the owner of said mining
site and the nature of his title.
(m) Declaration as to whether application includes a request that
manufacturing or processing of any kind be permitted on the site.
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Section 5. Annual License Fee and Performance Bond
Subdivision 1. In addition to the application fee as specified in Sub- 1
division 2 hereinbelow, each holder of such permit shall apply to the
Village Clerk of the Village for a renewal permit annually on or before
January 1, commencing in the same year in which the original permit is
issued, and pay therefore an annual license fee as specified in Sub-
division 2 hereinbelow.
Subdivision 2. Permit, annual fee, and performance bond requirements
shall be established on the basis of the following classification of
operation:
APPLICATION ANNUAL PERFORMANCE
FEE LICENSE FEE BOND
I. Land alteration -
Incidental Mining
(0 to 25,000 c.y.+/)
total plan volume $50.00 $50.00 $10,000.00
II. Any pit - no processing;
(crusher, sledder screen
etc. ) and less than
500, 000 c.y. total plan volume $250.00 $250.00 $25,000.00
III. Any operation with
processing, (crusher, screen,
shredder, etc.) or more than
500,000 c.y. total plan
volume $500.00 $500.00 $50,000.00
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Section 6. ' 'Regulations 'and Requirements
Subdivision 1 . The following regulations and requirements shall
govern the mining operation. The Village Council as a prerequisite
to the granting of said permit, or after such permit has been
granted, may delete certain restrictions and requirements or impose
such further restrictions and requirements as may be reasonable and
necessary under the particular circumstances of each applicant.
(a) No excavation or digging shall be made close to any adjoining
road structure as may endanger the support thereof.
(b) No operations shall be conducted prior to 8:00 A.M. nor after
5:00 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 and all internal roads must be paved
or effectively dust-controlled.
(d) The mining operation must be adequately screened from adjacent
occupied structures and travel roads prior to opening the pit.
In the case of an existing operation the applicant may be
required to plant suitable fast-growing screening trees.
(e) During the entire period of operations, all excavations, other
than the working 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 unless
specifically allowed by the permit.
(g) Applicant shall not drill nor install any well larger than 10
inches on the site without first obtaining approval from the a
Village Council in writing.
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(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 upon leaving any particular excavation
or area in the site or upon terminating or interrupting mining
operations for a period of six (6) months or more, applicant shall
regrade same and restore top soil , sod, seed and plant materials as
stated in Section 4 of the Ordinance and in accordance with final
grading plan agreed upon by the Village Council and operator or
owner of the pit when the original permit was issued or when renewed.
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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 requirements 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: f
(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 8 :00 A.M. nor after
5 :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 and all internal roads must be paved or effectively
dust-controlled.
(d) The mining operation must be adequately screened from adjacent
occupied structures and travel roads prior to opening the pit. In
the case of an existing operation the applicant may be required to
f plant suitable fast-growing screening trees . .
(e) During the entire period of operations, all excavations, other than
the working 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 unless specifically
allowed by the permit.
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(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 upon leaving any particular excavation or
area in the site or upon terminating or interrupting mining operations i
for a period of six (6) months or more, applicant shall regrade same
and restore top soil, sod, seed and plant materials as stated in
S Section 4 of the Ordinance and in accordance with final grading plan
agreed upon by the Village Council and operator or owner of the pit
when the original permit was issued or then renewed.
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(j) Applicant shall provide adequate access roads to and from the
site which shall 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 site.
(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, dangeroup,
polluted or inimcal 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 Manager may require. s
(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 six months, or in the event substantially
all gravel and sand deposits thereon 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 acknowledgment 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 Manager may make, at the expense of the
person or firm operating the pit, those field measurements the Village
Manager deems necessary to assure that the approved grading plan is
being followed. Such work to be done at the direction of the Village
Manager and on an hourly basis at the time charge fixed by the
Village Manager.
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Section 7. Penalty
(a) Withholding of Permits. For failure to comply with the requirements
of this Ordinance, the Council may withhold or revoke any permit pro-
posed 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 $"300. 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 comply 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
M' 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. A
Section 8. Invalidity
If any part of this Ordinance shall be held invalid, such part shall be
deemed severable and invalidity thereof shall not affect the remaining parts
hereof.
Section 9. Repeal
s .
Ordinance No. 36 is hereby repealed.
First read at a regular meeting of the Council of the Village of Eden
Prairie this t_�day of March, 1970, and finally read, adopted and ord,�jred
published,p t a regular meeting of the Council of said Village on the
day of lk ,IJ_,•_ �L� , 1970.
i
Att:st: /) } /
Village NfO C 1 e rk
David W. Osterholt, Mayor of the
Village of Eden Prairie
Published in the Minnetonka-Eden pra,*rie Sun on April 23, 1970.
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(Official Publicatioel shall he made in writing to the Village Subdivision 2 Permit. annual fee, and established on the basis of the following
VILLAGE OF EDF.N PRAIRIE. Council. The application shall set forth the performance frond requirements shall be classification of operation.
JIF 14NFI-IN COUNTY.MINNESOTA location and plan of removal of earthly
ORDINANCE NO. 142 deposits from such proposed excavation. Application i Annual Performance
AN ORDINANCE REGULATING EXCAVA- Such application shall also include: Fee License Fee sand
T1ONS. PITS AND REMOVAL OF Ia A topographic map of the proposed I.land alteration
EARTHLY DEPOSITS pit or excavation area to a scale of one Incidental Mining
Section t Purpose inch equals 100 feet and to a 2 foot con- t0 to 25.000 c v.+ I
Commercial mining. stripping, extractin_ lour interval to show the area as it pres- total plan volume t150.00 1 50.00. $10.000.00
and excavating activities are now being and ently exists and a minimum of one 11 Any pit•noproceswng�
for some time have been conducted in certain hundred I It10i feet of adjacent lard cm all [crusher.sledder screen
places in the Village.in order to remove from sides of the proposed excavation area. etc.)and less than 500.000
the ground black dirt. sand. gravel and other (III A topographic map drawn to a c-v total plan volume $250.W $250.00 $25.00000
minerals or substances existing on, in or scale of one inch equals 100 feet and with IIi, Any operation with pros-
under such place Such acts are inherently a 2 foot contour interval satisfactory to essing.lerusher.screen•
accompanied by noise and dust, often create the Village Maewper abowingf: shredder.etc.)c r more
haiardous conditions. and usually result in 11) the proposed or planned contours ehan500.000c.v total
tasting disfigurement of the places where of the land when the gravel removal plan volume 3500.00 S5W Oil '�
they are earned on.and thus tend to interfere operations are completed,
with the existing land uses in nearby areas, 42,the proposed method of impound-
and to discourage further permanent develop- ins anv water used for washing pur- Section 6. Regulations and Requirements (pt Applicant shall keep area lire of
orient of the surrounding properties, and to loses Subdivision 1. The following regulations noxious weeds
impair adequate planning for municipal devel- 131 - development. grading. dram. and requirements shall govern the mining (q) In the event operations cease. or
opment. and to dimmish the public health. age, and planting plan The develop- operation •%e Village Council as a prere- substantially so. or said site for a period
safety and general welfare It is therefore men[ plan must be in conformance quisite to the granting of mid permit, or of more than six months. or in the event
desirable to regulate loth existing operations with the Village Zoning Ordinance and after such permit has been granted, may xubstantially all gravel and sand deposits
and anv further extension of such mining. must encompass at least 25 acres,even delete certain restrictions and require- thereon have been removed, no further
stripping, extraction, and excavation opera- if the proposed mining area consists of ments or impose
bons in the Village all by means of the an area less than 25 acres If the min- such further restrictions operations shall be conducted thereon and
power granted to the Village Council in Min- Ing area is larger than 25 acres. a and requirements under
r ropy be ar drum- the council may terminate the permit to
nesota Statutes. Sec 412 cal. Subdivision 23. development plan must encompass the sad necessary a c ueider the particular drevm- operate the pit
24. 29 and 32 to regulate by ordinance public entire permit area III the mining stances of each applicant. ter Applicant shall not permit any
or
nuisances, noise or other disorder and uses of operations are W be terminated or (a) close
excavation anion or digging shall to tither person. firm or corporation it
land in the Village for various purposes in interrupted for a period of six 461 made elope to any adjoining road dror combination thereof W and operat
said pit.
order that mining be conducted so as to be months or more prior to the final grad lure as may endanger the support other than haulm obtaining in and from en pet.
ronsislent with and a step toward future mg plan. the applicant must submit an tlitreof' without hits[hate the written eon-
development of land. and to provide for the interim grading and finish plan for i r No operationsmno atoll 5: conducted sent of the Village Council and h appro-
etod order of the Village and the general staff approval and complete the prior to g:00 a.m. nor after legal pDm.nor that t acknowledgment be bound[ by such others
welfare of the public Consideration shall be required work or the permit will be any time on Sundays and legal hoGdaya. that they will ov bound by any agreement
given to its character as residential and non- revoked ) lei ed reasonable a niggles shall be m effect and assure
by bond.
residential. the nature of surrounding land ci A designation of the r•oada. streets employed by applicant to reduce dust. fsi ed assure that the grading plan
and future development in conformance with or highways within the Village limits noise and rwisaneces and all internal loads approved by the Village Council is being
actual development and the Comprehensive over which any material removed from must be paved or effectively dust-con- followed, the Village Manager may
iro Guide Plan % nghou and should be a regulated a the proposed pit or excavation area is to trolled. make. at the expense of the person or
permitted interim land use in non-residential be handleo or earned (d) The mining operation most be firm operating the pit. those field mea-
districts. without justification by evidence td t The estimated period of time that adequately screened from adjacent occu- surement i the Village Manager deems
that feasible .development requires mining pit will be operated pied Artictures and travel roads prior to riecessary to assure that the approved
Mining should be permitted in residential lei Applicant shall, as indicated in opening the pit. In the one of an existing grading plan is being followed. Such work
distracts as an interim lard use only when it Section S below,post abond-executed by operation the,a Bunt ma be required to be done at the direction of the Village
has been justified by evidence that develop- a corporate surety company authorized to to plant mlta fad growtrpf screening time ter and on an hourly basin at the
ment without mining is not feasible do business in the State of Minnesota. in trees. time efiarpe fixed by the Visage Man
Section 2 Deliailofoas such formand sum as the Village Council let During the entire Period of opera- alter.
Subdivision 1 Village - shall mean the shall determine The amount of the bond tioo• all a:cavadona. ogler than the Section 7. Penalty
Village of Eden Prairie. Hennepin County, to be baud on the Village's estimate of at a mf simuface.shall be sloped on ur aides (a) Witbboldinft of Permits.For failure
Minnesota restoring the property to the final grades at a maximum ratio of 4 to 1, unless a to comply with the requirements of lot• ,
.Subdivision 2 Person shall mean any grail (unshed elevations for the project to steeper slope shall be approved by the Ordinance, the Council may withhold 4
Village Engineer. revoke any permit proposed or inning,
individual.partnership. firm group of indi the levels established in the topographic
If i No manufacturing or processing of pursuant to Section 3 of thus Ordinance.
vnduals or corporation however constituted map furnished by the applicant pursuant P
Subdivision 3 Open Pits or Excavations- to Section 4 herein any kind dull be permitted ra toe die el flit ng.extra t Nuisance. Any mining.
shall mean anv artificial excavation of the I, File with the Village Clerk a Itabrl- any dine except the wedcrui by,t of gravel stripping.extracting. la excavating Ordi-
earth. within lhe• limits of the Village of itv insurance policy or certificate of such omen specificallypns allowed b the permit.
Y hies conducted m violation of this Ordi-
Eden Prairie dug. excavated or made by insurance. issued by an insurance corn- (lit Applicant shall not draft nor instate nonce are rid m y declared to be a public
the removal from the natural surface of the pane authorized to do business in [tee any well larger than 10 inches on the site action
and may be abated m a civil
earth of sod, local. sated, gravel, stone or Slate of Minnesota The policy shalt Village
first obtaining approval from the action for an injunction brought by [tie
other matter vreating a depression or insure the person performing acts VrHage Courant an all dipting. Village
depressions,exceeding in any one place 2W described in Section 2 of the Ordinance Ihl Applicant shall dispose ee(all waste (cn of the o a ordMisinance
c. Any vio-
water used on the site in a mariner which lauon of the ordinance shall constitute a
square feet of surface area. the bottom or and the Village of Eden Prairie as an will not adversely affect adjoining prop, misdemeanor. punishable by imprison-
lowest point of which shall be two feet or insured in the sum of at least 1100,000.00 erty and shall use stilling ponds or other ment for not more than 90 days.or a fine
more below.or lower than, the level of the for injury to one person, and 1300.000.00 methods of disposing of the suspended of not more than WW. Time is not an
adjoining unexcavaled land, in which for one accident, and at least 1150.000.00 solids in the waste water that are satia- essential characteristic of any offense
depression. pit. or excavation water may properly damage or in such other factory to the Village Engineer.
fall. gather, collect and remain stagnant. amounts as the council shall determine under this ordinance. and each act per-
putrid or polluted or which depression may The policy shall be kept in effect until the rii Upon eeaung operations or upon formed without complying with all
he or become dangerrnts from the stand- termination of a permit granted pursuant in t leaving any particular urinating r area restrictions and requirements eel this
point of public safety or health or to chnl- r the site or upon terminating or inter- ordinance shall constitute a separate
Are•n W this tvpdnig mooing operations for a period M offense
p{aytng therein or thereby or which fgi '11he true and full name and address nix (6) months or more. applicant ehaU
depression may become a public nuisance of the person applying for permit hereun• fill The Village Council may. for n to
m deteriorate the value of adjacent prop- der need
same and restore top snit' sod' ore of any person.firm or corporation t
erty Depressions. pits or excavations +hi An apphratcon fee as hereinafter feed and glint Ordinancmaterisite
as stated to comply with u any requirementabveprovisions,
made of it
made for the purpose of the foundation. set forth in Section 5 must be paid at the ance tw t of the Otdi plan
and in accord- in wrung under the glove providona,as
arlCe with(lint fI1g Ian agreed Ube
cellar or basement of some immrdutely time of making UM application In Chic g�OCi p B upon promptly as same can reasonably tit
pending superstructure to be erected. built event said application for permit is by the f Village Coo I and operator or done. proceed to cause such requirement
DP owner of the pit when for original permit to be complied with.and the cost of such
or placed thereon contemporaneously with. denied. such fee shall be returned to was issued or when renewed. D
or immediately following such excavating. applicant. work shall be taxed against the property
and covering or to cover such excavated pit it) Ecological and environmental eval- tie Applicant shall provide adequate where the pit, excavation or impounded
or depression when completed. are except- uation of the effect of proposed mining access roads to and from the site which waters are situated: or the Village may
ed1 if a bunldmg permit has been issuer[. upon adjacent land uses including delinne- shalt be oiled and improved to the extent at its option proceed to collect such,costs
Subdivision 4 Impounded waters - shall aeons and evaluation of vegetation, of maintaining a dust free surface and by an action against the person, firm or
mean any water kept on public or private water and water courses and natural site with proper sight distances for traffic corporation to whom such permit has
property within said Village .n such a buffers safety at each point of access been issued.
manner that more than 5W gallons of water if I A proposed land development plan ik I Applicant shall adhere to all county Section 11.invalidity
are above the natural surface of the sur covering the mining site and village load limits in hauling to and If any part of this Ordinance shall be held
rounding ground The word ••water' or ikt A graphic and written debersption from the site invalid. such part shall be deemed severable
waters as used in the preceding sell- of mining operations by significant fit Applicant shall fence the pit or and invalidity thereof shall not affect the
write. shall be deemed to include any and stages excavation area so as to protect the pub- remaining parts hereof s
all liquid substances I I, The true and full name and address lic against injury by reason of the exca- Section 9.Repeal
Section 3 Permit Required of the owner of said miring site and the vation Ordinance No.381s hereby repealed.
Subdivision I No person shall open oper- nature of his title I in I Applicant shall keep any pit,exca• First read at the Village of Eden Prairie this
vation, or impounded:etc or maintain either directly or indirectly tmi Declaration as to whether appfica- Pounded waters within the loth day of March.1970.arid finally lead,adopt-
.Inv excavation for the purpose of removing ion includes a request that manufaetur• limits for which the particular permit is ed and ordered published at a regular meeting
earthly deposits therefrom ur permitting or inz or processing of any kind be permr;- granted, of the Council of said Village on the 24th day of
maintaining Impounded waters therein led on the site ins Applicant shall change, alter or March.1970.
unless such parson shall first have applied Section 5 Annual license Fed and Perfor- Ioedifv any
excavation or operations DAVID W.OSTERHOLT
1a and oht:uned front the Village Council. in maser Bond therein deemed by the Village Council to Mayor of the Village of
the m:mne•r hereinafter provided a permit Subdivision t In addition to the apptica- be unsanitary. dangerous, polluted or Eden Pral& y
aulhorizine lime provided.however. that lion fee as specified in Subdivision 2 herem, rnimcal to the general welfare of the (Apr.23.I970)—H
it No permit shall be required by any below. each holder of such permit shall Village
person making any excavation in conjunc- apply to the Village Clerk of the Village for tot Applicant shall provide warning
tion with a building for which be shall a renewal permit annually on or before signs and flagmen for proper traffic
have previously applied for and obtained January 1.commencing in the same year in safely during periods of heavy traffic to
an appropriate building permit which the original permit is Issued.and pawn and from or past the site and at such
Section 4 Application therefore an annual license fee as specified other times a the Village 111arofter may
Stihdnvnsion i. Application for said permit in Subdivision 2 hereinbelow require. 7
a