(A) Restrictions. Landspreading shall be allowed only in an A-1 Zone and only by license issued by the city and administered by the Zoning Administrator and City Administrator, and subject to all conditions set forth in this section.
(B) Application.
(1) Any person desiring to obtain a license for landspreading shall make application therefor to the Zoning Administrator on a form provided by the city. Such application shall contain at a minimum the following information:
(a) Name and address of the applicant;
(b) Complete site plan, showing the property on which the landspreading will take place and the location of buildings, trees, roadways and any water or wetlands, as defined at § 1001.07, Subd. 1(5) of the city Zoning/Subdivision Code, which is separately published and maintained in the office of the Clerk for public inspection and copying;
(c) Legal description of the site, including plat and parcel number, total acres and proof of ownership;
(d) Statement as to the total number of acres included in the site and total number of acres on which the landspreading will occur;
(e) Statement as to the total number of cubic yards of yard waste that will be delivered to the site;
(f) A copy of a signed contract, if any, between the applicant and any other party concerning the landspreading to take place on the site; or, if no contract has been signed, any proposed contracts or agreements relating to landspreading;
(g) Signature of all owners of the site and the applicant, agreeing to the conditions set forth at division (D) below; and
(h) The applicant agrees that in the event of non-compliance with the conditions set forth herein and allowing a condition, which, in the opinion of the city, creates a nuisance the applicant shall allow the city entry on the premises for purpose of elimination of the nuisance and assessment of the cost of clean-up and enforcement pursuant to M.S. § 429.101, as it may be amended from time to time.
(3) The application shall be accompanied by payment of the license fee which shall be set from time to time by the City Council.
(4) The application shall also be accompanied by a bond or cash deposit to be held by the city to be used for any abatement of the project if needed in an amount to be determined by the city at the time of application.
(C) License approval or denial. The application shall be reviewed and approved or denied by the Zoning Administrator. Licenses for landspreading shall not be issued to an applicant who is not the owner of the proposed landspreading site without all owners’ signatures on the application agreeing to it and the conditions of the license. In the event the Zoning Administrator denies an application for license, he or she shall send the applicant written notice of such denial. The applicant shall have ten days from the date of such written notice to make a written request to the city for a hearing on appeal by the City Council. Failure to request an appeal shall be deemed a waiver of appeal rights. The appeal shall be heard at a Council meeting within one month of the city’s receipt of such request. The Council may approve or deny the license.
(D) Conditions. The following provisions shall apply to all landspreading done in the city.
(1) Access to the landspreading site shall be located on a paved road if yard waste is delivered in vehicles having a gross weight of nine tons per axle or greater. If any part or portion of a city gravel road is to be used as an access, the city may require escrow to cover any repairs needed resulting from excessive wear resulting from haul activity.
(2) Yard waste shall be received at the landspreading site in bulk form only and shall not be contained in bags of any kind.
(3) Yard waste shall not be accepted if it contains any extraneous materials, including food waste, animal waste, plastics, refuse, sewage or bags of any kind. However, in the event that the licensee unknowingly accepts such extraneous materials, it shall be the responsibility of the licensee to properly dispose of such extraneous materials in accordance with applicable state law and this subchapter, at the expense of the licensee.
(4) Yard waste shall not be stored within 300 feet, nor spread or incorporated within 100 feet, of any residential building, except the dwelling occupied by the landspreading site owner. Yard waste shall not be stored in piles in excess of 25 feet in height, for more than 24 hours without cover, or spread or incorporated within 100 feet of any residential dwelling.
(5) Yard waste shall not be stored within 300 feet, nor spread or incorporated within 100 feet, of any body of water or any wetlands, as defined at § 1001.07, Subd. 1(5) of the city Zoning/Subdivision Code, which is separately published and maintained in the office of the Clerk for public inspection and copying.
(6) Yard waste shall be spread and incorporated within 15 days of the date it is received at the site. Yard waste received between November 15 and April 1 of the following year may be stored in piles not higher than 25 feet and must be covered with a secure tarp to prevent blowing and migration from the site, and shall be spread and incorporated by April 15 of that year.
(7) In any one calendar year, only so much yard waste may be delivered to any one site as can be spread on that approved site to a maximum depth of three inches. For the purpose of this division (D)(7), in any one calendar year, a maximum of 400 cubic yards of yard waste may be delivered, spread and incorporated on each acre included in the site.
(8) Yard waste shall not be spread or incorporated over land having a slope of 10% or greater.
(9) Landspreading and incorporation shall be done in accordance with any applicable rules and regulations of any local, state or federal agency having jurisdiction over such activities.
(10) Landspreading shall be accompanied by a program of active land management designed to enhance fertility and reduce soil erosion.
(11) The landspreading operation, including delivery, storage, spreading and incorporation, shall not generate nuisances, including, but not limited to, dust, odor, litter, rodents, fire hazard, actual or threatened water contamination and windblown debris or yard waste.
(12) No deliveries of yard waste shall be made to the site before 8:00 a.m or after 4:00 p.m.
(13) The Zoning Administrator, his or her employees or assigns shall be permitted to enter the landspreading site from time to time for the purpose of inspecting the site and ensuring that the operation is being conducted according to the provisions of this section.
(14) The Zoning Administrator shall have the authority to suspend or terminate any license at any time if, following an inspection, he or she finds that any of the provisions of this section have been violated.
(E) Effective date of license. A separate license shall be required for each application and for the delivery and incorporation of the total number of cubic yards of yard waste as set forth in said application only. Any and all additional quantities of yard waste must be applied for as separate activities, requiring a complete and separate license procedure.
(1978 Code, § 510.04) (Ord. 90-10, passed 4-16-1990) Penalty, see § 90.99