(A) Minimum criteria for issuance.
(1) If improvements are made, they shall be so designed and constructed that they are not unsightly in appearance to the extent that it will hinder the orderly and harmonious development of the district wherein proposed.
(2) The activity conforms to all other county ordinances, state, and federal regulations.
(3) Minimum five acre lot size; unless another size is specified under a particular provision.
(4) Waste generated shall be treated in accordance with Chapter 52 of this code of ordinances. The county may require design by a registered engineer.
(5) The activity shall be located on a hard surfaced (blacktop or concrete) road unless specific approval for location on a township road is given by the affected township or townships. The Town Board may condition its approval of access to a gravel road on agreements with the applicant regarding dust control, maintenance, or similar issues. The terms of the agreement shall be such that the agreement is in force so long as the permit is in effect.
(6) The activity is of a scale that the demand for support services such as sewer, water, police, fire protection, emergency equipment access, roads or streets, can be accommodated within the context of the service levels available in the commercial agricultural area. Adequate water supply, subsurface sewage treatment system facilities, erosion control and stormwater management are provided in accordance with applicable standards.
(7) The operational characteristics of the proposed activity shall be such that it can be operated on the proposed site and within the current levels of support services and infrastructure. Activities that will have service needs-traffic capacity or roads, waste disposal or management, fire or police protection, sewage treatment and dispersal-that will exceed those available in the area should locate in municipalities where the services are available.
(B) Minimum conditions.
(1) Permit shall be subject to administrative review or compliance review as set by the permit.
(2) The operational plan and site plan shall become part of the permit.
(3) The activity must operate in conformance with the approved site plan and operational plan and other provisions of this chapter. The site plan and operational plan shall become part of the permit.
(4) The applicant must submit a copy of workers compensation insurance or sign an affidavit stating that he or she will not have any employees.
(5) All buildings used in the operation must meet the State Building Code.
(6) The use will be sufficiently compatible with, or separated by sufficient distance from, or screened from adjacent agricultural or residential land uses so that there will be no deterrence to the use or development of adjacent land and uses.
(7) The date or event that will terminate the use shall be identified.
(C) Activities (For the purpose of this section, conditional use permit activities may also be considered and processed as interim uses).
(1) Mining and/or land reclamation involving 10,000 cubic yards or more (allowed in AG Preserve if the principal use remains ag and restoration is suitable for farming).
(a) The permit shall be issued only upon findings that:
1. There is no substantial environmental impact or that the impact will be alleviated through a restoration program and other condition of the permit; and
2. The activity will have no substantial adverse impact on surrounding property or that the impact will be alleviated through the conditions of the permit.
(b) Each permit shall contain the following minimum standards unless modified by the County Board, and all activities shall conform to these and any additional standards.
1. General operating requirements must address operating hours, dust control, housekeeping, safety and specifying compliance review.
2. Minimum requirements for the operation.
(i) Erosion control measures shall be required. Erosion and siltation of the surrounding area shall be prohibited.
(ii) No non-granular material shall be removed unless the permit is specifically for such an operation.
(iii) Vertical faces shall be kept to a minimum except during actual mining.
(iv) Mining shall not take place within 50 feet of a property line. All slopes at property lines shall maintain a 2.5:1 slope or flatter. The setback from the assumed road right-of-way shall be a minimum of 50 feet. The setback from all homes shall be a minimum of 500 feet, excluding the residence of the mine owner and/or permittee. The setback from a bluff shall be a minimum of 100 feet.
(v) The permit shall specify what operations are to occur in the permitted area and what general types of equipment may be used in the operation. The Board may order the exclusive use of white noise beepers on trucks and equipment utilized on the site.
(vi) Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
(vii) The maximum permitted operational area for mining shall be 35 acres. Only one active IUP for mining is allowed for a parcel.
(viii) Stockpiles in excess of 1,000 cubic yards shall not be located within the Floodplain Overlay District.
(ix) Any mining within 300 feet of a Class 3 through 8 wetland must include a plan to improve public value(s), in conjunction with any Wetland Conservation Act requirements.
(x) A mandatory traffic study shall be prepared by a licensed engineer.
(xi) The operation must comply with applicable watershed management rules.
(xii) The operation must comply with the applicable road authority review and approval.
3. Site/operational plan. A plan shall be drawn on both a 1 inch = 200 feet half section map and a 1 inch=200 feet aerial plat showing at a minimum the operational area, mining area, phasing of mining, erosion control measures or structures, restoration areas, type of restoration, and staging of restoration, any areas where mining will be below the water table or result in standing water.
4. Reclamation plan. A reclamation plan must include the grading plans, on-site topsoil replacement, seeding, mulching, erosion control and sedimentation control specifications for each phase and an end use plan for final site restoration. The operator and owner must follow the reclamation plan approved by the County Board. The following minimum standards and conditions apply.
(i) The peaks and depressions of the area shall be reduced to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding, and which will minimize erosion due to rainfall. No graded slope shall exceed a 5:1 ratio(20%). The final grade slope shall commence at the setback. Berms will be removed to the original elevation of the land, unless the Board has approved a different elevation as part of the end use plan. Restored slopes must be 8:1 or flatter within 500 feet of the top of a bluff.
(ii) Excavated, graded or back-filled areas shall meet the following requirements.
A. All materials used for back-filling in any area of the reclamation shall be free of all contaminants and shall be non-noxious, non-flammable and non-combustible.
B. The graded or back-filled area shall not collect or permit stagnant water to remain therein, unless there is an approved ponding area or wetland restoration or creation.
C. Such graded or back-filled area shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least four inches, and seeded or sodded.
D. Such topsoil as required by the preceding division shall be planted with trees, shrubs, legumes or grasses.
(iii) Seeding and mulching shall be consistent with Minnesota Department of Transportation specifications for rights-of-way. Exceptions to seeding and mulching include areas returned to agricultural production.
(iv) Soil restoration, seeding and mulching must occur within each phase as soon as final grades, or interim grades identified in the phasing plans, have been reached. Exceptions to seeding and mulching include the processing, storage and staging areas within each phase.
(v) Soil erosion and sedimentation control measures shall be consistent with MPCA’s publication entitled “Protecting Water Quality in Urban Areas.”
(vi) Unless otherwise amended or approved by the county, all final grades and site restoration efforts shall be consistent with the reclamation plan.
(vii) When the end-use is some form of open space, the type of vegetative regrowth must provide appropriate habitat for wildlife consistent with the form of end-use.
(viii) The end-use plan shall consider the safe use of the property. The end-use plan shall be consistent with the comprehensive plan and the zoning ordinance.
(ix) Within nine months after completion of mineral extraction or after termination of the permit, all equipment, vehicles, machinery, materials, stockpiles of extracted mineral materials and debris shall be removed from the subject property.
(x) For each phase, within nine months after completion of mineral extraction for that phase, reclamation must be completed. If the permit is terminated earlier, reclamation must be completed within nine months after termination.
(xi) Soil and Water Conservation District and watershed review and recommendations. As a part of the original application for an interim use permit, the applicant shall submit grading plans, phased reclamation plans and water control plans to the Carver County Soil and Water Conservation District and to the governing bodies of the watersheds for review and recommendations. The recommendations on the phased reclamation, grading, soil and water retention plans may be included as conditions of the IUP. The permit may require reforestation. Reforestation requirements shall be based on the recommendation of the Natural Resources Conservation Service and/or the DNR Forester.
5. Performance securities and insurance.
(i) The permittee shall acquire and keep in force for the duration of the permit, liability insurance specifically covering the mining and/or restoration and related operations. The permittee shall provide certification of insurance.
(ii) A performance surety shall be provided. The permit shall specify the amount and type of surety required. The surety, pursuant to the county fee schedule, shall be used to reimburse the county for any monies, labor, or material expended to bring the operation into compliance with the conditions of the permit. The surety may be used after failure to execute the restoration plan. The surety may also be used if there is a failure to execute a phase of a restoration plan specifically scheduled in the permit.
(2) Temporary manufactured homes (allowed in AG Preserve).
(a) General provisions.
1. Location. Temporary manufactured homes shall be located on the same site as the principal residence. The manufactured home shall be located so that land that was in crop production is utilized only to the extent that it is necessary to meet other requirements and provide a feasible location.
2. Removal. At such time as a temporary home ceases to be occupied as required, the home shall be removed within 120 days of the cessation of the required occupancy and no other occupancy shall occur.
3. Temporary manufactured homes shall not be made a permanent structure. The manufactured home shall not be greater than 20 feet in width nor shall an existing manufactured home be replaced with a structure greater than 20 feet in width. Additions other than decks or steps shall not be made to a manufactured home.
4. The applicant shall demonstrate a need to provide the housing.
5. Temporary manufactured homes shall use the existing well.
(b) Farm workers. A manufactured home 20 feet or less in width may be temporarily located on a parcel of 80 acres or more for the purpose of housing farm workers. The parcel must contain one permanent dwelling unit occupied by the owner or operator of the farm and must have one unused residential building eligibility for each temporary home. If the manufactured home is to be located on a parcel with one permanent dwelling, the occupant of the manufactured home must work a minimum of 20 hours per week in the agricultural operation. If the manufactured home is to be located on a parcel with a permanent home and either a farm-related permanent home or a farm-related manufactured home pursuant to this section or “farm related” or “temporary mobile homes” under previous ordinances, then the occupant of the manufactured home must work at least 40 hours per week in the agricultural operation.
(c) Elderly/special needs parent/grandparent. A manufactured home 20 feet or less in width may be temporarily located on a parcel in order to accommodate parents or grandparents with special needs. The subject parcel must conform to all current zoning regulations and include one permanent dwelling. The temporary manufactured home shall also meet all required zoning regulations, including setbacks and applicable separation distances. The elderly or special needs parent or grandparent may occupy either the temporary or permanent home. The principal occupant of each home shall be specified by name in the permit.
(3) Reoccurring special events (allowed in AG Preserve).
(a) Gatherings or events conducted on an annual or periodic basis, typically one or two days in length, which are open to or accessible by the public.
(b) General provisions.
1. Pre-event meeting shall be held with the Department to discuss application.
2. Appropriate road authority shall review and approve the application.
3. Sheriff’s Office shall review the application related to safety and traffic control.
4. Performance surety and/or liability insurance certificate may be requested as part of the application. The decision regarding sureties and insurance would be subsequent to consultation with the County Risk Manager and/or a County Attorney.
5. Applicant must comply with the conditions attached to the permit for the reoccurring event.
(4) Home occupation detached structure (allowed in AG Preserve).
(a) IUPs may be issued for the adaptive re-use of detached accessory structures constructed no less than 15 years prior to the current date. Permits pursuant to this section may provide for expansion of the operation however, the IUP would need to allow for easy conversion to a personal accessory use. The following criteria must be met in order to qualify for this provision:
1. The lot shall be a minimum of 2 acres in size;
2. The structural condition of the building is determined to be sound and not in need of major repair or rehabilitation;
3. The building is of a size, type of construction, or configuration that it is reasonable to expect that it can be efficiently or economically used as an accessory to the principle use;
4. The use shall comply with the home occupation standards pursuant to this chapter, with the exception of the detached accessory structure; and
5. The business shall be located at least 200 feet from neighboring residences, not on the same parcel of property, existing at the time of application for the permit.
(5) Recreational, educational, agri-tourism, and institutional activities that require a location in a rural area because of a need for seclusion or a natural setting or a large area of land and do not require a permanent or significant structure(s) subject to the following criteria:
(a) No more than 20% of the land utilized for the activity, with the exception of agri-tourism shall have been shown to be prime agriculture land under till, as illustrated by the Carver County Geographic Information Systems (GIS) Mapping;
(b) The road authority will grant an access permit;
(c) A certificate of insurance and/or a performance surety may be required;
(d) A stipulation is made in the permit as to the number of persons to be using the site at any one time; and
(e) Any type of special event that will attract or involve more than the number of people stipulated in division (C)(5)(d) above shall require approval of the County Board.
(Ord.70-2010, passed 1-25-11; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 97-2021, passed 7-20-21) Penalty, see § 152.999