|
NATURAL RESOURCES
<br />ARTICLE I. IN GENERAL
<br />Secs. 42-1-42-30. Reserved.
<br />ARTICLE II. MINERAL EXCAVATION*
<br />DIVISION 1. GENERALLY
<br />Sec. 42-31. Definitions.
<br />The following words, terms and phrases, when
<br />used in this article, shall have the meanings
<br />ascribed to them in this section, except where the
<br />context clearly indicates a different meaning;
<br />Extraction license means a license to remove or
<br />extract rock, sand, gravel, clay, silt, soil or other
<br />like material.
<br />Mineral extraction means the removal of rock,
<br />sand, gravel, clay, silt, soil or other like material
<br />from the lead and the removal thereof from the
<br />site. Such extraction may also involve the storage
<br />and processing of the materials on the site.
<br />Minerals means the nonmetallic materials found
<br />in the earth, including, but not limited to, rock,
<br />sand, gravel, clay, silt and soil which may be
<br />covered by overburden.
<br />Oaerburo',en means those materials which lie
<br />between the surface of the earth and the material
<br />to be extracted.
<br />Processing means the crushing, washing, com-
<br />pounding or treating of rock, sand, gravel, clay,
<br />silt or other like material.
<br />Rehabilitation means to renew the land to a
<br />self-sustaining, longterm use which is compatible
<br />with contiguous land uses in accordance with the
<br />standards set forth in this article.
<br />Topsoil means that portion of the overburden
<br />which lies closest to the surface of the earth and
<br />which supports the growth of vegetation.
<br />(Code 1982, § 720.00)
<br />Cross refereace--Definitions generally, § 1-2.
<br />*State law reference-Mineral lands, Minn. Stets. ch.
<br />93.
<br />See. 42-32. Inspections.
<br />§ 42-51
<br />At least once a year, or more often if deemed
<br />necessary, the city shall inspect ali extraction
<br />sites where an extraction license and conditional
<br />use permit have been issued pursuant to this
<br />article and report such findings to the council.
<br />The operator or owner of any extraction operation
<br />found in violation of the requirements of this
<br />article or its extraction license or conditional use
<br />permit shall remedy such violations within the
<br />time specified by written notice from the city.
<br />(Code 1982, § 720.14)
<br />Secs. 42-33--42-:50. Reserved.
<br />DIVISION 2. EXTRACTION LICENSE AND
<br />CONDITIONAL USE PERMIT
<br />Sec. 42-61. License, conditional use permit
<br />and zone change required; excep-
<br />tions.
<br />(a) It shall be unlawful for any person to
<br />excavate and remove from a site rock, sand,
<br />gravel, clay, silt or other like material in the city
<br />without being licensed as provided in this divi-
<br />sion. In addition to being licensed, a conditional
<br />use permit pursuant to chapter 30, article VI,
<br />division 2, subdivision III, and a zone change
<br />pursuant to section 30-1835 shall also be re-
<br />quired.
<br />(b) An extraction license, conditional use per-
<br />mit and zone change shall not be required for any
<br />of the following:
<br />(1) Extraction for the purpose of the founda-
<br />tion, cellar or basement of some immedi-
<br />atelypending superstructure to be erected,
<br />built or placed thereon contemporane-
<br />ously with or immediately following such
<br />extraction, provided that a building per-
<br />mit has first been issued.
<br />(2) Extraction in reliance on and in accor-
<br />dancewith anapproved development plan
<br />or grading plan.
<br />(3) Extraction by the state, county, or city
<br />authorities in connection with construc-
<br />tion or maintenance of roads or highways
<br />CD42:3
<br />
|