HomeMy WebLinkAboutOrdinance - 226 - Regulating Land Alternations - 07/10/1973 ORDINANCE # 226
An Ordinance Requl ati nq Land Alterations
Excavations, Pits and Removal of Earthly Deposits
and amending Ordinance # 142
The Village of Eden Prairie does ordain:
Section 1 . Purpose
Section 1 of Ordinance # 142 is hereby amended by adding the words "Land
alteration," as the first words of said section.
Section 2. Definitions
Section 2 of said ordinance is hereby amended by adding a new Subdivision 5.
Subdivision 5. Land alteration - shall mean any alteration of land of more
than one foot from the natural contour of the ground and any significant damage
or change in natural character. Change in character - shall mean a removal
Of 10% of the natural features, such as: trees, ground cover, water bodies ,
wetlands and marshes.
Section 3. Permit Required
Section 3 of said ordinance is hereby deleted and a new Section 3 is inserted
which paragraph is to read as follows :
Subdivision 1 . No person shall alter land, remove natural vegetation, open,
operate or maintain either directly or indirectly any excavation for the purpose
of removing or altering earthly deposits therefrom or permitting or maintaining
impounded waters therein unless such person shall first have applied to and ob-
tained from the Village Council , in the manner hereinafter provided, a permit
authorizing same, provided, however, that -
a
(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
Section 4 of said ordinance is hereby amended as follows:
Subdivision 1 is deleted and a new subdivision 1 is substituted which is to
read as follows:
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 or land alteration from such proposed excavation. Such
application shall also include:
Subdivision l (i) is deleted and a new Subdivision 1 (i ) is substituted
which is to read as follows:
(i ) Ecological and environmental evaluation of the effect of the proposed
land alteration and mining, upon the subject property and the adjacent land
uses. Such study shall be made by a qualified naturalist, landscape architect
or others so qualified and shall include but not necessarily be limited to
delineations and evaluation of vegetations , water and water courses and natural
site buffers.
Subdivision 1 (j) is deleted and a new Subdivision 1 (j) is substituted
which is to read as follows:
(j) A proposed land development plan covering the area to be altered or
mining site.
Section 7. Section 7 (b) is hereby deleted and a new section is inserted to
read as follows:
(b) Violation a Nuisance. Any land alteration, 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.
First read, adopted and ordered published at a regular meeting of the
Council of the Village of Eden Prairie this loth day of July, 1973.
Paul R. Redpat4Mor-
ATTEST:
SEAL
Jo D. Fran , Clerk
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4>SUNNEWSPAPERS
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AFFIDAVIT OF PUBLICATION }
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EDEN PRAIRIE S
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6601 W. 78th St. Bloomington, Minnesota '� R
State of Minnesota
County of Hennepin
7. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known as The Eden Prairie Sun and
has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at ]east j
once each week. (3) Said newspaper has 50 of its news columns devoted to news of local ,m<
Merest to the community which It purports to serve and does not wholly duplicate any other
( iblication and is not made up entirely of patents, plate matter and advertisements. (4) Said
.,ewspaper is circulated in and near the municipality which it purports to serve, has at least ,
500 copies regularly delivered to paying subscribers, has an average of at least 7517o of its totals A
circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post-office. (5) Said newspaper purports to serve the Village of
Eden Prairie in Hennepin County and it has its known office of issue in the City of
13loomingtcn in Hennepin County, established and open during its regular business hours for
the gathering of news, sale of advertisements and sale of subscription and maintained by the
managing officer or persons in its employ and subject to his direction and control during all N ,
such regular business hours and devoted exclusively during such business hours to the
business of the newsppaer and business related thereto. (6) Said newspaper files a copy of
each issue immediately with the State Historial Society. (7) Said newspaper has complied
with all the foregoing conditions for at least two years preceding the day or dates of publication
.With
below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the
Secretary of State and signed by the publisher of said newspaper and sworn to before a notary
public stating that the newspaper 1s a legal newspaper.
Ordinance o N 226
He further states on oath that the printed_ a
hereto attached as a part hereof was cut from the columns of
said newspaper, and was printed
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and published therein in the English language, once each week, for one Quccesaive weeks;
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that it was first so published on Thurs the 12 day of July l973
and was thereafter printed and published on every to and including
the day of 19 and that the following is a printed copy
f the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
ne size and kind of type used in the composition and publication of said notice, to-wit:
a bcdefghi jkJmnopgrstuvvzyz
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Subscribed and sworn to before me thia 12 day of `T u].y lg
—71
(Notarial Seat)
{ M. Vest, Notary Public, Hennepin County, Minn.
"L iy Commission E.rpires April 18th, 1979,