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"\ ", II -. " ...... . ~>'~ ... ORDINANCE NO. 't7<'!-~ . AN ORDINANCE PROVIDING FOR THE LICENSING OF THE REMOVAL, STORAGE, EXCAVATION, AlID FILLING WITH ROCK, SAND, GRAVEL, CLAY, SILT OR OTHER LIKE MATERIAL AND THEREBY M1ENDING THE MUNICIPAL CODE BY ADDING CHAPTER 23 The City Council of the City of Elk River does ordain as follows: Section 1. The Municipal Code of the City of Elk River is hereby amended by adding thereto the following chapter: CHAPTER 23 MINERAL EXCAVATION 23.01 Definitions. The following words and terms as used in this chapter shall have the following meanings unless the context clearly indicates otherwise: (a) "Excavation" means the removal, filling with, or storage of rock, sand, gravel, clay, silt or other like material. (b) "Exc"l.vation License" means a license to remove, excavate, fill with, or score rock, sand, gravel, clay, silt or other like material. . (c) "Minerals" means the nonmetallic materials found in the earth including, but not limited to, rock, sand, gravel, clay, silt and soil which may be covered by overburden. (d) "Overburden" means those materials which lie between the surface of the earth and the materials to be excavated. (e) "Processing" means the crushing, washing, compounding or treating of rock, sand, gravel, clay, silt or other like material. (f) "Rehabilitation" means to renew the land to a self-sustaining, long-term use which is compatible with contiguous land uses in accordance with the standards set forth in this chapter. (g) "Topsoil" means that portion of the overburden which lies closest to the surface of the earth and which supports the growth of vegetation. 23.02 License Require~. It shall be unlawful for any person, firm or corporation to remove, store or excavate rock, sand, gravel, clay, silt or other like material within the City of Elk River, or to fill or raise the existing surface grades, without being licensed as further provided in this chapter. 23.03 Exceptions. An excavation license shall not be required for any of the following: . (a) Excavation for the purpose of the foundation, cellar or basement of some immediately pending superstructure to be erected, built or placed thereon contemporaneously with or immediately following such excavation provided that a building permit has first been issued.