(A) Required plans. All applicants for a conditional use permit (CUP) for an excavation activity shall submit the following plans:
(1) Site/grading plan;
(2) Permanent and interim erosion and sediment control plan;
(3) Traffic impact analysis (TIA);
(4) Operational plan;
(5) Reclamation plan;
(6) Phasing plan;
(7) Drainage plan;
(8) Completed wetland delineation; and
(9) Other plans and/or information as may be reasonably requested by staff, the Planning Commission or the city.
(B) Assessment of existing/prealteration conditions. The assessment shall be submitted at the time of submission of the CUP application, and shall include the following additional information:
(1) Soil types, including soil borings and soils report, depth of overburden and area to be disturbed;
(2) Existing topography (at two-foot contours) of the property and 200 feet beyond the property lines of the site; where there is an existing water body, two-foot contours for a distance of 20 feet from the water’s edge into the water body shall be included;
(3) Existing roads and rights-of-way, and proposed roads as identified in the Comprehensive Plan, including adopted street plan boundaries;
(4) An assessment of existing roadway conditions adjacent to the site and proposed to be used for hauling. This assessment is to be prepared in coordination with, and approved by, the City Engineer or City Manager;
(5) Existing land use, land cover and structures, including fences and abandoned structures on the site and properties abutting the subject site, and identification of the distance to the nearest habitable dwelling;
(6) Boundaries of any previous excavations or excavation activities on the site or on adjacent properties;
(7) Wells, abandoned or active, on the subject property. Where blasting is proposed, all wells, abandoned or active, within one-half mile of the property; where open water bodies will be created, active or abandoned wells within one-fourth mile of the property;
(8) Location of any floodway, 100-year flood fringe, shore-land areas and wetland delineation;
(9) The existence and location of any historic sites or native plant communities on the property;
(10) Existing water and/or sanitary sewer lines crossing the site and any existing water or sanitary sewer facilities on the site or on property adjacent to the site;
(11) Existing public facilities on the site or on property adjacent to the site;
(12) Any schools within 2,000 feet of the outer boundaries of any portion of the site;
(13) Existing land use on all adjacent properties and on properties within 1,000 feet of the site;
(14) If adjacent and nearby properties are undeveloped, the current zoning of such parcels and the land-use description of such parcels as shown on the adopted City Comprehensive Plan;
(15) Any adopted area or specific plans that include the site and surrounding areas;
(16) Any public facility or utility plans that indicate the probable future expenditure of public funds for facilities or utilities on or adjacent to the site;
(17) Any proposed or future public improvements on the site or adjacent to the site as indicated in the city’s annual budget or current capital improvements program;
(18) Any traffic studies, including the site, areas adjacent to the site, or existing or future roads serving the site, or adjacent parcels, including traffic counts, levels of service, demand/capacity ratios, congestion, signalization, safety and other relevant traffic information or analyses;
(19) The present use of the site, if any;
(20) Any previous uses of the site, including a description of the use and when the site was utilized for such use, and why the previous use was stopped, if known;
(21) Existing zoning of the site and any previous rezonings; and
(22) Other information as may be deemed relevant by the city staff, the Planning Commission or the city.
(C) Grading plan.
(1) A grading plan shall be submitted at the time of submission of the application for an amendment to an overlay zoning district or for a CUP application. The staff, the Planning Commission and/or the city may recommend and the city may impose reasonable conditions to mitigate the potential impacts of extensive grading.
(2) The city shall consider the following factors in its review of the grading plan:
(a) Restoration and stabilization of cut-and-fill areas;
(b) Impact on drainage patterns and storm water management facilities, as well as the consistency with the storm water management plan or adopted drainage or storm water policies;
(c) Potential impacts on sinkholes, wells and other features affecting ground water quality;
(d) Impact on wetlands and compliance with state or federal wetlands regulations;
(e) The duration of the proposed grading activity;
(f) The amount and type of material being removed from, or imported to, the site;
(g) Compliance with erosion and sediment control standards as set forth in city, county or state standards;
(h) Adequate and appropriate surety, approved by the City Engineer and City Attorney; provided, to ensure that the site will be restored to a safe condition;
(i) Visual, noise and dust impact upon public parks, major roadways and residential areas;
(j) Impacts of trucks and heavy equipment on the safety and maintenance of roads providing access to the site and adjacent properties; and
(k) Compliance with the city’s Building Code and other state and federal requirements.
(D) Operations plan. An operations plan shall be submitted at the time of submission of the application for an amendment to an overlay zoning district or for a CUP application, and shall include the following information in the form of a site plan and an attached report. If the operations plan also shows grading, then the required scale for grading plans shall apply.
(1) Site plan. The site plan shall show:
(a) The area of the site to be disturbed or used as part of an excavation activity;
(b) The area of the site to be used for ancillary purposes, but not specifically the area to be disturbed (e.g., roads, buildings, structures and storage areas);
(d) The location and types of buffering and screening to be used;
(e) The location of access roads, haul roads, storage areas, structures, buildings, crushers and any other man-made structures;
(f) The location of storage areas, proposed stockpiles, processing and loading areas, and any other areas or portions of the site not kept permanently in open space;
(g) A signage plan, both on site and immediately off site, if necessary;
(h) A traffic plan showing the movement of the trucks onto the site, within the site and from the site. The off-site portion of this plan shall show the vehicle movement to the nearest arterial street, the identification of truck movement on collector and local streets, and the land uses along the routes, paying special attention to residential land uses, schools, churches, public parks and other places where the public may gather; and
(i) Such other information as the city staff, the Planning Commission or the city deems relevant and necessary.
(2) Report. The report shall include a complete description of the following:
(a) All materials intended to be excavated, quarried, mined or otherwise removed from the site;
(b) The method of removal of these materials, including the type of all equipment to be used;
(c) The nature, type, use and hazards posed by any chemicals to be used or stored on the site or used in the excavation activity, processing or other activity on the site;
(d) The nature, type, use and hazards posed by any toxic materials of any kind to be used or stored on the site or used in the excavation activity, processing or other activity on the site;
(e) The phases (and associated timetable) for excavation of the site;
(f) The method of removal and disposal of vegetation from the site, including the types of vegetation to be removed, plant communities to be removed or affected and habitat loss;
(g) The amount of overburden to be removed and total per phase;
(h) The amount of mineral to be removed and total per phase;
(i) The method of land alteration activity and sequence of progression, including phasing and progressive reclamation and site stabilization;
(j) The proposed hours and days of operation on the site, including hauling and ancillary activities in addition to the excavation activity;
(k) A dust control plan;
(l) A noise control plan, including a map showing the decibel range at various distances from the site, in all directions from the site;
(m) A storm water management plan in accordance with § 153.1652 of this chapter;
(n) A safety plan, including, but not limited to, the location and type of all site security and safety features, including signs, gates and fences;
(o) An emergency evacuation plan;
(p) A lighting plan;
(q) An emergency lighting plan;
(r) The quantity of material anticipated to be removed per day;
(s) The method of hauling the material to be removed, including the number and types of
trucks to be used each day;
(t) A TIA in accordance with § 153.1655 of this chapter, to the extent applicable;
(u) A description of any effects of the excavation activity off site;
(v) A maintenance schedule and plan for cleaning vehicles, equipment and adjacent off-site public roadways;
(w) A description of the total anticipated duration (in months or years) of excavation activities on the site;
(x) A description of the anticipated extent of use of city sewer, water, gas, electricity and other utilities on a monthly basis; and
(y) The proximity of the nearest police and fire stations to the site and insurance of access for emergency vehicles. The operations plan shall be consistent with, and fulfill all of the standards and requirements of, Division 16 of this chapter.
(E) Reclamation plan. The reclamation plan shall be submitted at the time of submission of the CUP application, and shall include the information as described in subsections (E)(1) and (E)(2) below in the form of a final site plan and an attached report. The scale of the overall reclamation plan must comply with the submittal requirements for CUPs. However, if the reclamation plan also shows grading, then the required scale for grading plans apply.
(1) Final site plan (reclaimed land). The final site plan shall clearly and effectively show:
(a) The area of the site reclaimed;
(b) The condition of the site after all excavation activities have been completed and after the applicant has undertaken and completed full reclamation of the site in accordance with state statutes and regulations;
(c) If reclamation is proposed to be done in phases, a final post-reclamation site plan shall be submitted for the reclaimed portion of the site after the completion of each phase;
(d) A grading plan, including finished grades of all disturbed areas at two-foot interval contours. Where a water body is created, two-foot contours to the bottom of the water body;
(e) The proposed use of the reclaimed area of the site, including any structures proposed to be built on the site as part of, or subsequent to, reclamation;
(f) The grade of the reclaimed area and of the entire site;
(g) Public services that need to be provided to the proposed use of the reclaimed area, including the size of water and sewer lines, and the demand for other public facilities and services;
(h) The compatibility of the proposed use with adjacent properties, with the existing zoning in the area, and with the neighborhood as a whole;
(i) The buffering or screening of the site after reclamation;
(j) The elimination of haul roads, storage facilities and other site features no longer needed after the excavation activity has been completed;
(k) A new access at a location to be approved by the Code Enforcement Officer and internal/external roadway system for the site, based on its proposed use after reclamation;
(l) The demolition of any buildings on the site;
(m) A vegetation plan for the site after reclamation;
(n) The timetable for development of the site for the proposed use; and
(o) A noise assessment of the proposed use, at a level of detail to be determined by the City Engineer.
(2) Report. The report shall include:
(a) Phasing and schedule of reclamation;
(b) Methods and process of reclamation;
(c) Erosion control plan;
(d) Planting/revegetation plan, including number and size of plants to be used and placement;
(e) Maintenance and replacement plan for monitoring and ensuring survival of reclamation efforts;
(f) Conformance with future roadways and ultimate land use as reflected in the city’s comprehensive plans for land use, transportation, storm water management (or adopted drainage or storm water policies) and the Olmsted County Water Quality Plan;
(g) Lighting and/or signage plan;
(h) Schedule for the removal of stockpiles, unneeded signage or lighting, or erosion control devices when excavation or substantial land alteration activities are complete;
(i) Where open water bodies are created:
1. The normal depth of water bodies at two-foot interval contours; and
2. Cross-section views of the reclaimed area showing grading of shoreline, depth of lake, subsurface lake shoreline grading, anticipated design normal pool elevation, anticipated two-year storm event lake-level bounce elevation, depth of soil cover on reclaimed areas and floodplain elevations;
(j) Maintenance plan;
(k) Where surface alternatives are proposed, above the water table, method of stabilization of the disturbed areas;
(l) A narrative report examining possible hydrogeologic effects on any existing or proposed bodies of surface water and wetlands, and on ground water, including public and private wells. The report shall also include a description of the controls needed to assure compliance with federal, state and local surface water quality, erosion control, sediment control, storm water management and other standards applicable to surface waters;
(m) A description of any proposed uses to be conducted on the site; and
(n) A description of any proposed structures to be built on the site, including the size, scale, height, building footprint and location of such structures, and a description, including all other requirements necessary for site plan approval and development approval issuance.
(Ord. 3020, passed 9-10-2013, § B-4)