(A) Application. A request for a mineral extraction permit, as provided within this chapter, shall be filed with the City Clerk on an official application form, the required application fee shall be paid, and a deposit made to reimburse the city for its out-of-pocket costs in processing the application. The application shall also be accompanied by ten copies of detailed written and graphic materials fully explaining the proposed change, development, or use as specified under this chapter. The City Clerk shall refer the application, along with all related information to the Planning Commission for consideration.
(B) Notice. The City Clerk shall notice a public hearing to be held by the Planning Commission. Notice of such hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. Written notice shall be sent to all property owners of record within 500 feet of the affected property in incorporated areas and to property owners within 1/4 mile of the affected property or the nearest ten properties in unincorporated areas, whichever would provide notice to the greatest number of owners. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested to by the City Clerk and made a part of the official record. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.
(C) Additional information. The Planning Commission and the City Clerk shall have the authority to request additional information from the applicant or to retain expert testimony with the consent and at the expense of the applicant if said information is declared to be necessary by the city to review the request or to establish performance conditions in relation to this chapter.
(D) Referrals. The Planning Commission and the City Clerk may refer the application for review and comment to other agencies, including but not limited to the Soil and Water Conservation District and the Minnesota Pollution Control Agency.
(E) Recommendation. The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request to the City Council. The city may impose such additional restrictions or conditions as deemed necessary to protect the public interest. These conditions may include, but are not limited to the following:
(1) Matters relating to the appearance;
(2) Hours of operation;
(3) Increasing setbacks;
(4) Limiting the height, size, or location of buildings;
(5) Controlling the location and number of vehicle access points;
(6) Increasing street width and improving access conditions;
(7) Requiring diking, berming, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property;
(8) Limiting the area to be mined;
(9) Requiring phased rehabilitation;
(10) Requiring financial security to guarantee compliance with the conditions of approval; and/or
(11) Water quality monitoring.
(F) City Council action and findings. The City Council shall approve, modify or deny the request and state the findings of its actions. Approval of a mineral extraction permit shall require passage by majority vote of the City Council. The City Clerk shall notify the applicant of the City Council's action.
(G) Reapplication/lapse of mineral extraction permit. The City Council shall not accept reapplication for the same or substantially same mineral extraction permit within six months of denial. Any mineral extraction permit approved but not used within 12 months of the date of approval shall be null and void.
(H) Amended mineral extraction permit. Any change to the approved mineral extraction permit shall require an amended mineral extraction permit. Any expansion beyond the original boundaries shall not be considered an amended permit and shall require a new mineral extraction permit.
(Ord. 2015-02, passed 6-8-2015)