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wise detrimental to persons
<br />residing or working in the
<br />the applicant shall submit,
<br />vicinity thereof, or to public
<br />health, safety or welfare, and
<br />;kith the g2�pplication for a min -
<br />, eral exceMion license and/or
<br />will not impair the use of,
<br />Conditional Use Permit to
<br />enjoyment or value of any
<br />llow mineral excavation, ,a
<br />neighboring property.
<br />(f) The Council, in its discre-
<br />wetland delineation map, wet -
<br />tion, may attach conditions to
<br />land impact plan, wetland
<br />.
<br />mitigation plan and such other
<br />the issuance of a Conditional
<br />a
<br />'I information as is required pur-
<br />Use Permit provided in Sec-
<br />tion 30 -655 of this Code.
<br />91}ant to Section 30 -1851 (c) of
<br />(g) An application for a Con -
<br />this Code.
<br />Section 5. That Section 42 -53
<br />ditional Use Permit to allow a
<br />of the Elk River City Code of
<br />specific mineral excavation
<br />operation, if timely filed as
<br />, Ordinances shall be amended
<br />provided by this article, may be
<br />to read as follows:
<br />Section 42 -53. Issuance
<br />processed by the City and con-
<br />sidered by the City Council
<br />(a) Upon referral of the'
<br />along with an application to
<br />application provided for in this
<br />division from the City Adminis- i
<br />zone the affected property into
<br />trator, the Council shall evalu-
<br />the mineral excavation overlay
<br />district.
<br />ate t h,e application in
<br />Section 2. That the first sen-
<br />accordance with the applicable
<br />requirements of Chapter 30 of
<br />tence of Section 42 -52 of the
<br />Elk River City Code of Ordi-
<br />this Code, and the standards
<br />nances shall be amended to
<br />and requirements set forth in
<br />this article.
<br />read as follows:
<br />Application for an Extrac-
<br />(b) No application for an
<br />tion License, Conditional Use
<br />extraction license and /or a
<br />Conditional Use Permit to
<br />Permit and/or. Zone Change, as
<br />required by this division, shall
<br />allow mineral excavation
<br />;
<br />be made in writing to the
<br />activities on land which
<br />includes any wetlands shall be
<br />Council in the form specified by
<br />presented to the Planning'
<br />the City Administrator. The
<br />Commission or City Council for
<br />application shall contain the
<br />following information:
<br />review unless and until the'
<br />Section 3. That Section 42 -52
<br />process set forth in Section
<br />30 -1851 (d) of this Code has
<br />(7) of the Elk River City Code
<br />of Ordinances shall be
<br />been completed and the
<br />amended to add new subpart
<br />provisions, standards and
<br />requirements of Chapter 30,
<br />(f), as follows:
<br />f A detailed map of the
<br />Article VI, Division 10.5 have'
<br />'fully
<br />highways, streets, roads or
<br />been complied with. .
<br />Failure to complete the process
<br />other public ways, and any pri-
<br />vate easements or private
<br />set forth in Section 30 -1851 (d),
<br />property, upon and along which
<br />or to comply with the
<br />provisions, standards and
<br />the material removed shall be
<br />requirements of Chapter 30,
<br />transported (haul roads). The
<br />map shall identify all proposed
<br />Article VI, Division 10.5, shall
<br />haul roads from the proposed
<br />be, cause for denial of an
<br />'a
<br />excavation site to the Elk River
<br />application for license or
<br />Conditional Use Permit.
<br />corporate limits.
<br />Section 4. That Section 42 -52
<br />(c) The Council shall issue an
<br />of the Elk River City Code of
<br />extraction license only upon a
<br />finding that the proposed
<br />Ordinances shall be amended : extraction activities will comply
<br />to add new subparts (11) and,;
<br />(12), as follows: -
<br />with the standards and '
<br />(11) Evidence that access to
<br />re uirements set forth in this
<br />,._
<br />and use of all haul roads will be
<br />article and will not be
<br />dangerous or otherwise
<br />safe and that the applicant has
<br />received approval by MNDOT
<br />detrimental to jierssas
<br />for access to and use of state
<br />highways, and approval by
<br />o f we tdi wi o A ty
<br />may impose appropriat
<br />vitl
<br />Sherburne County for access to
<br />and use of 'county roads. Evi-
<br />i+wo at or
<br />dence of a right to access and
<br />r ' ee sl s j not ibsering.
<br />use any private property or
<br />1'14e Comicil, m its
<br />J
<br />easement required to access a
<br />d i s on, may attach i
<br />public right of way or proposed
<br />conditions to protect the public
<br />haul road shall also be submit-
<br />health, safety and welfare, to
<br />ted with the application.
<br />avoid traffic congestion or
<br />Approval to access and use City
<br />hazard, or to promote
<br />streets as haul roads shall be at
<br />conformity of a proposed use
<br />the .discretion of the Council
<br />with the character of adjoin*-,
<br />and will be considered by the
<br />property and uses.
<br />Council with the application.
<br />Article, the applicant or owner
<br />(12) Evidence satisfactory to
<br />shall notify the Council of the
<br />the City that the property pro-
<br />change in estimated quantity.
<br />posed to be licensed for min-
<br />Section 7. That Section 42 -54
<br />eral excavation does not
<br />of the Elk River City Code of
<br />include any wetlands. If the
<br />Ordinances shall be amended
<br />property does include wetlands,
<br />to add new subparts (c) and (d)
<br />(d) The Council shall issue a
<br />Conditional Use Permit
<br />Section 8. That Section 42 -74
<br />a1191ving extraction activities '
<br />of the Elk River City Code of
<br />only upon a finding that the `
<br />•Ordinances shall be amended
<br />proposed extraction activities ;
<br />=to add new subpart (4) thereto,
<br />will: 0) comply with the
<br />- as follows:
<br />"
<br />standards for issuance of a,:
<br />(4) Within any required
<br />Conditional Use Permit set. ,
<br />buffer zone or setback area on
<br />forth in Section 30 -654 of this
<br />' the applicants or any adjoining
<br />Code; (ii) will comply with the
<br />property.
<br />standards and requirements
<br />Section 9. That Section 42=78
<br />set forth in this article; and (iii)
<br />of the Elk River City Code of
<br />will not be dangerous or
<br />Ordinances shall be amended
<br />ptherwise detrimental to
<br />to read as follows:
<br />ersons residing or working in
<br />Section 42 -78, Haul Roads
<br />he vicinity thereof, or to the
<br />and Access.
<br />'�ublie health, safety or welfare,
<br />(1) No extraction license e
<br />and will not impair the use,
<br />Conditional Use Permit for th
<br />';enjoyment or value of any
<br />extraction of minerals shall b
<br />neighboring property. The
<br />'issued unless and until tl
<br />Council, in its discretion, may
<br />applicant has o b t a i n e i
<br />attach conditions to the
<br />approval from the City
<br />issuance of a Conditional Use
<br />Sherburne County and/or the
<br />'Permit as provided in Section
<br />' Minnesota Department a.
<br />30 -655 of this Code.
<br />Transportation for access t
<br />(e) The Council shall approve
<br />and use of all haul road'!
<br />a zone change to the mineral
<br />necessary to conduct extraction
<br />excavation overlay district only
<br />activitiei( in the propose)
<br />upon a finding that: (i) the
<br />: location. The City shall no
<br />requirements set forth in
<br />approve access to or use of an;
<br />Section 30-575 o f this ;
<br />public right of way, includin;
<br />Ordinance have been met; (ii)
<br />state or county highways o,
<br />the proposed zone change is
<br />City streets, as a haul road
<br />consistent with the City's
<br />unless the applicant ha
<br />Comprehensive Plan; (iii) the
<br />demonstrated and the City
<br />proposed mineral extraction
<br />Council has found that thi
<br />activities will comply with the
<br />proposed access is safe and tha
<br />requirements, set forth in this
<br />use of the proposed access anc
<br />article; and (iv) the proposed
<br />the public right of way fol
<br />activities will not be dangerous
<br />mineral excavation activities
<br />or otherwise detrimental to
<br />can and will be done in a safe
<br />persons residing or working in
<br />manner and will not be a
<br />the vicinity thereof, or to the
<br />danger to public use of the
<br />public health, safety or welfare,
<br />right of way. The City, County.,
<br />and will not impair the use,
<br />or State, in their discretion'
<br />enjoyment or value of any
<br />may impose appropriat
<br />neighboring property or use.
<br />conditions on access to and us
<br />Section 6. That Section 42 -54
<br />of all public rights of way in th '
<br />(a) of the Elk River City Code of
<br />City, including City streets an
<br />Ordinances shall be amended
<br />county and state highways, i
<br />to add new subpart (3) thereto,
<br />order to ensure safe access to
<br />as follows:
<br />and use of these public rights of
<br />(3) The estimated quantity of
<br />way. The applicant shall be'.
<br />minerals to be extracted. If the
<br />responsible for the cost of!
<br />quantity of minerals to be
<br />obtaining all necessary permits'
<br />extracted is, for any reason,
<br />and approvals, and for all costs
<br />likely to exceed the original
<br />associated4ith implementing
<br />estimate required in this
<br />or complying with all
<br />Article, the applicant or owner
<br />' conditions- imposod by the
<br />shall notify the Council of the
<br />State, County or City. These
<br />change in estimated quantity.
<br />costs shall include, but not be
<br />Section 7. That Section 42 -54
<br />limited to, the costa o f
<br />of the Elk River City Code of
<br />designing, permitting,: testing,
<br />Ordinances shall be amended
<br />constructing and maintaining
<br />to add new subparts (c) and (d)
<br />the improvements, upgrades or
<br />thereto, as follows:
<br />expansions to haul roads in
<br />(c) As a prerequisite to the
<br />accordance with applicable
<br />issuance of an extraction
<br />state laws and the specifica-
<br />license or Conditional Use
<br />tions of the agency with
<br />Permit, the applicant shall
<br />jurisdiction.
<br />reimburse the City for the
<br />(2) No extraction license or
<br />City's cost of processing and
<br />Conditional Use Permit for the
<br />reviewing the application.
<br />ewk%ettft of s"H be
<br />(d)After an extraction
<br />issued unless and im#1 &e
<br />license or Conditional Use '
<br />spplicaat has Ao aetsRtatod
<br />Permit has been granted, the
<br />sad tke City Cjc aci h" isead
<br />applicant shall reimburse the
<br />� the � bag tbo �t
<br />City for the cost of periodic
<br />to use alley private y or
<br />inspections by the City
<br />private easements neeersasy to
<br />Administrator, Building or
<br />access a public right of way and
<br />Zoning Administrator or other
<br />that the proposed use of private
<br />City employees for the
<br />property or easements can and
<br />purposes of determining that
<br />will be done in a manner that is
<br />the provisions and extraction
<br />safe and in compliance with all
<br />license, Conditional Use Permit
<br />environmental and other
<br />and this article are being
<br />standards and requirements.
<br />followed.
<br />(3) The City shall inspect the
<br />haul roads proposed to be used
<br />by the applicant or owner and
<br />may require necessary
<br />upgrading or repairing of the
<br />haul roads prior to their use by
<br />the applicant or owner. The
<br />extraction license and
<br />Conditional Use Permit issued
<br />to the applicant shall designate
<br />the haul roads to be used and
<br />the •kequired upgrading or
<br />repairing. It shall be the
<br />responsibility of the applicant
<br />or owner to maintain the haul
<br />roads in accordance with the
<br />provisions set forth in the
<br />extraction license and
<br />conditional use permit. The
<br />City shall periodically inspect
<br />haul ro'ads to ensure
<br />compliance with the extraction
<br />license and conditional use
<br />permit. During the period of or
<br />upon completion of the
<br />extraction operations, the
<br />applicant or owner shall make
<br />any necessary repay to the
<br />haul roads as regt ',by the
<br />City. All costs of-- .,pection
<br />provided for in this subsection
<br />shall be home by the applicant
<br />or owner. The use of the haul
<br />roads shall be further subject to
<br />any road and weight
<br />restrictions imposed by the
<br />City.
<br />Section 10. T h a t t h i s
<br />Ordinance shall take effect
<br />upon adoption and be published
<br />as provided by law.
<br />Sectionll. That Interim
<br />Ordinance No. 10 -1, adopted by
<br />the Elk River City Council on,
<br />September 20, 2010, shall be
<br />terminated upon the effective
<br />date'9f this Ordinance No.
<br />10 -23``:
<br />Passed and adopted by the
<br />City Council of the City of Elk
<br />River this 13th day of
<br />December, 2010.
<br />Stephanie Klinzing,
<br />Mayor
<br />Attest:
<br />Tina-Allard,
<br />City Clerk
<br />(D18)
<br />
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