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4.3 PCSR 11-23-2010
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4.3 PCSR 11-23-2010
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11/19/2010 8:31:27 AM
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required in this article, the applicant or owner shall notify the Council of the <br />change in estimated quantity. <br />Section 7. That Section 42-54 of the Elk River City Code of Ordinances shall <br />be amended to add new subparts (c) and (d) thereto, as follows: <br />(c) As a prerequisite to the issuance of an extraction license or Conditional <br />Use Permit, the applicant shall reimburse the City for the City's cost of <br />processing and reviewing the application. <br />(d) After an extraction license or Conditional Use Permit has been granted, <br />the applicant shall reimburse the City for the cost of periodic inspections by the <br />City Administrator, Building or Zoning Administrator or other City employees <br />for the purposes of determining that the provisions and extraction license, <br />Conditional Use Permit and this article are being followed. <br />Section 8. That Section 42-74 of the Elk River City Code of Ordinances shall <br />be amended to add new subpart (4) thereto, as follows: <br />(4) Within any required buffer zone or setback area on the applicants or any <br />adjoining property. <br />Section 9. That Section 42-78 of the Elk River City Code of Ordinances shall <br />be amended to read as follows: <br />Section 42-78. Haul Roads and Access. <br />(1) No extraction license or Conditional Use Permit for the extraction of <br />minerals shall be issued unless and until the applicant has obtained approval from <br />the City, Sherburne County and/or the Minnesota Department of Transportation <br />for access to and use of all haul roads necessary to conduct extraction activities in <br />the proposed location. The City shall not approve access to or use of any public <br />right of way, including state or county highways or City streets, as a haul road <br />unless the applicant has demonstrated and the City Council has found that the <br />proposed access is safe and that use of the proposed access and the public right of <br />way for mineral excavation activities can and will be done in a safe manner and <br />will not be a danger to public use of the right of way. The City, County, or State, <br />in their discretion, may impose appropriate conditions on access to and use of all <br />public rights of way in the City, including City streets and county and state <br />highways, in order to ensure safe access to and use of these public rights of way. <br />The applicant shall be responsible for the cost of obtaining all necessary permits <br />and approvals, and for all costs associated with implementing or complying with <br />all conditions imposed by the State, County or City. These costs shall include, <br />but not be limited to, the costs of designing, permitting, testing, constructing and <br />maintaining the improvements, upgrades or expansions to haul roads in <br />
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