(A) Original permit. The applicant’s original excavation permit shall be issued only after a public hearing by the Planning Commission, and approval by the Council. Such hearing shall be held only after mailed and published notice consistent with the requirements of the city’s Zoning Ordinance, section 102. The original permit shall expire 90 days from the date of issuance. A permit may be renewed by the Council without public hearing for an additional 90 day period.
(B) Information required. All applicants for excavation permits shall provide the following information:
(1) A correct legal description of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground marked by substantial monuments of such size and type as approved by the City Engineer, and be referred and tied to the nearest quarter section corner and shall be shown. Descriptions, reference ties and elevations of all benchmarks shall also be included.
(2) The name, address and telephone number of the applicant and of the owner of the land.
(3) The names and addresses of all adjacent land owners within a one-half mile radius of the proposed excavation.
(4) Copies of any portions of agreements or leases, which grant to the applicant the right to use the land for excavation.
(5) The purpose of the excavation and, if material removed is to be sold, the proposed site for such sale.
(6) The estimated length of time removal operations will be ongoing.
(7) The highways, streets or other public ways within the city, upon and along which the material removed shall be transported and the maximum number of truckloads per day which will be transported along those routes, and the proposed method of street cleaning.
(8) The plan of operation, including soil processing, nature of the processing and equipment, the area, depth and grade of such processing, the estimated quantity of earthly deposits to be added to or removed from the premises, location of the plant, source of water, disposal of water, and re-use of water. In the event that water is used in the operation of a pit then approval from the State of Minnesota, Department of Natural Resources, or other appropriate state or federal agencies, if necessary, shall be obtained as to the type, location and depth of said well and water use.
(9) The development plan of the property where the excavation is to occur. This plan shall contain site analysis information, such as trees, depth of topsoil, soil type, adjacent and on-site buildings and land uses, a map or plat of the proposed pit or excavation, showing the confines or limits thereof, together with the proposed finished elevations, based on sea level readings. Elevation and percent slope within 100 feet beyond the perimeter of the excavation and such other information necessary to analyze the site shall be provided by the applicant.
(10) The applicant shall submit a comprehensive restoration and land use plan, showing suitable provision for restoration of the excavated area to a useable condition compatible with the adjacent land and that it will not become a health or safety hazard or a nuisance. Such plan should include anticipated final elevations, slopes and a plan for the return of subsoil and topsoil. Where the Council deems it practical and necessary, such plan shall include adjoining related areas where excavations have previously been made and remain under the control of the owner of the land on which the excavating is to be done or under the control of the person, other than the owner to whom the permit is to be issued.
(C) Fees; insurance; bond. With each application, the applicant shall submit the following:
(1) The annual fee for the license shall be $200, plus an escrow deposit in an amount determined by the city to defray expenses incurred by the city in reviewing and processing the application and administering the permit, including, without limitation, engineering, legal and consulting fees.
(2) (a) A letter of credit acceptable to and in an amount deemed sufficient by the Council and conditioned such that the permittee will:
1. Successfully perform all conditions of this chapter and any permits issued hereunder;
2. Restore the land in conformity with the plan submitted and approved; and
3. Pay for any damage which may occur to adjacent public roads by reason of the excavating activity being done under permit.
(b) The letter of credit shall forfeit to the city in full if compliance with the foregoing is not completed within 30 days of demand by the city for such completion or compliance.
(3) The permittee shall provide proof of public liability insurance assuring against bodily injury and property damage and indemnifying and holding the city harmless for any such causes of action and costs and expenses, including attorneys’ fees, incurred therein. This insurance shall be in the following amounts for public liability, personal injury and property damage:
Injury or death of one person | $1,000,000 |
Injury or death to more than one person in a single occurrence | $1,000,000 |
Property damage | $300,000 |
(Ord. 102-N, passed 11-14-05) Penalty, see § 153.99