A. Permit Required: It shall be unlawful for any person, firm or corporation to remove, store or excavate rock, sand, gravel, clay, silt or other like material in the city, or to fill or raise the existing surface grades, without receiving a permit for mineral extraction. Permits for small scale mineral extraction under this section may only be issued in a zoning district where mineral extraction is listed as an interim use. Small scale mineral extraction may be allowed only within the small scale mineral extraction overlay district. Permits for mineral extraction within the large scale mineral extraction overlay district may be issued only under section 11-10-4-1 of this chapter.
1. Exceptions: An extraction permit shall not be required for any of the following:
a. Excavation for a foundation, cellar or basement of a building if a building permit has been issued.
b. Excavation by state, county or city authorities in connection with construction or maintenance of roads, highways or utilities.
c. Curb cuts, utility hookups or street openings for which another permit has been issued by the city.
d. Excavation less than one hundred (100) square feet in area or one foot (1') in depth.
e. Excavation or grading for agricultural purposes.
B. Small Scale Mineral Extraction Overlay District: The small scale mineral extraction overlay district is established. The boundary of the district is a line one-half (1/2) mile north of County State Aid Highway 42, the municipal boundary to the east, a line one-half (1/2) mile south of County State Aid Highway 42, and US Highway 52 to the west. (Ord. B-223, 5-15-2012)
C. Application, Public Hearing, Notice And Procedure: The application, public hearing, public notice and procedure requirements for mineral extraction permits shall be the same as those for amendments as provided in section 11-10-11 of this chapter, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Application for the extraction permit shall be made in writing in the form specified by the city. The application shall contain the following information:
1. The correct legal description of the land upon which excavation is proposed.
2. The name and address of the applicant, the owner of the land and the person or corporation conducting the actual removal operation.
3. The names and addresses of all adjacent landowners within three hundred fifty feet (350') or, if the subject property is located in agricultural (AG), agricultural preserve (AG-P) or rural residential (RR) district, within one-fourth (1/4) mile.
4. The purpose of the proposed excavation.
5. The estimated time required to complete the proposed excavation and rehabilitation.
6. The names of the highways, streets or other public roadways within the city upon which the material shall be transported. (Ord. B-96, 12-2-1997)
D. Standards: The following standards shall apply to all extraction operations:
1. Boundary: Extraction operations shall be conducted within the confines of the excavation site described in the application.
2. Access: Extraction operations shall only be allowed on sites which have direct access to either a principal arterial, minor arterial, a collector street, or to a local street if approved by the public works department, as designated in the city of Rosemount comprehensive guide plan.
3. Prohibited Areas: Extraction operations shall not be conducted within the following:
a. Five feet (5') of the right of way or easement of an existing public utility.
b. Thirty feet (30') of the boundary of an adjoining property which is not being used for extraction operations. (Ord. B, 9-19-1989)
c. Fifty feet (50') of the right of way of a public street or highway. (Ord. B-96, 12-2-1997)
4. Phasing Of Operations: Extraction operations to be conducted on a site larger than fifteen (15) acres shall be subject to the following requirements:
a. A phasing plan must be prepared which limits operations to a maximum area of fifteen (15) acres per phase of operations.
b. A mineral extraction permit for the first phase of an extraction operation shall be limited to a maximum area of fifteen (15) acres. An extraction permit for phase two (2) or subsequent phases of a mineral extraction operation shall not be issued until at least seventy percent (70%) of the previous phase of operations has been rehabilitated according to an approved comprehensive rehabilitation plan.
c. No mineral extraction permit shall authorize extraction operations to be conducted in more than two (2) phases of an extraction operation concurrently.
d. No mineral extraction permit shall authorize extraction to be conducted on more than nineteen and one-half (191/2) acres at one time.
5. Fencing: During excavation operations, access to any area where collections of water are one and one-half feet (11/2') in depth or more or where excavation slopes are steeper than one foot (1') vertical to one and one-half feet (11/2') horizontal and any other areas where obvious danger to the public exists shall be controlled by a fence erected and maintained around the entire site or portions thereof and shall be a type specified by the council.
6. Appearance And Screening:
a. All machinery shall be kept operational.
b. Abandoned machinery and rubbish shall be promptly removed from the excavation site.
c. Within three (3) months after the termination of excavation operations or within three (3) months after the expiration of the extraction permit provided by this section, the applicant or owner shall dismantle buildings and structures incident to excavation operations and shall grade the excavation site as well as complete all rehabilitation on the site as provided by the rehabilitation plan.
d. When required, the perimeter of the excavation site shall be planted or otherwise screened.
e. Existing tree and ground cover shall be preserved to the maximum extent feasible, maintained or supplemented by selective cutting, transplanting and replanting of trees, shrubs and other ground cover along all setback areas.
7. Excavation Operating Standards:
a. Noise: Maximum noise level at the perimeter of the excavation site shall comply with the limits or standards established by the Minnesota pollution control agency and the United States environmental protection agency.
b. Hours: All excavation operations shall be conducted between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., Monday through Saturday only. The council may restrict excavation, processing or related operations on legal holidays if such activities cause noise or other disturbances offensive to adjacent property owners.
c. Explosives: The use and handling of explosives at the excavation site shall be coordinated with the police department. Blasting shall occur only at hours specified in the extraction permit.
d. Fugitive Dust: Excavation operators shall use all practical means to reduce the amount of fugitive dust generated by excavation operations. In any event, the amount of dust or other particulate matter generated by the excavation shall not exceed air pollution standards established by the Minnesota pollution control agency.
e. Water Pollution: Excavation operators shall comply with all applicable Minnesota pollution control agency and department of natural resources regulations and all applicable United States environmental protection agency regulations for the protection of water quality. No waste products or processed residue, including untreated wash water, shall be deposited in any public waters of the state of Minnesota.
f. Topsoil Preservation: All topsoil shall be retained at the excavation site until the completion of rehabilitation work in accordance with the rehabilitation plan.
g. Slopes During Excavation Operations: During the entire period of operations, all excavations other than the working face, shall be sloped on all sides to a maximum ratio of one foot (1') horizontal to one foot (1') vertical, unless a steeper slope is approved by the city. Where excavations are adjacent to a public roadway or other right of way, the excavation shall have a maximum slope of four feet (4') horizontal to one foot (1') vertical. Slopes adjacent to waterways shall not exceed six feet (6') horizontal to one foot (1') vertical.
h. Equipment: All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise and vibration. Power drives or power producing machines shall not be housed or operated less than one thousand feet (1,000') from a residential use. Access roads shall be maintained in dust free condition by surfacing or other treatment as may be specified by the city engineer.
i. Processing: Crushing, washing and refining, or other similar processing may be authorized by the council as an accessory use, provided, however, that such accessory processing shall not be in conflict with the use regulations of the district in which the operation is located.
j. Council Waiver: The council, at the time of issuance of the extraction permit, may waive or modify any of the provisions in this section or impose additional requirements if it finds that the plan of operation or other materials submitted with the application or other factors make appropriate more suitable measures for standards consistent with the public health, safety and welfare.
E. Special Requirements: The council, as a prerequisite to the issuance of an extraction permit, or after an extraction permit has been granted, may require the applicant or owner of the premises to:
1. Reimburse the city for the cost of periodic inspections for the purpose of determining that the provisions of the extraction permit and this title are being followed.
2. Submit to council a detailed map of the streets on which the material removed shall be transported (haul roads). The city shall inspect the haul roads proposed to be used by the applicant or owner and shall recommend to the council necessary upgrading or repairing of the haul roads prior to their use by the applicant or owner. The council shall designate the haul roads and shall incorporate the recommendations of the responsible city officials in the extraction permit issued to the applicant. It shall be the responsibility of the applicant or owner to maintain the haul roads in accordance with the provisions set forth in the permit. The city shall periodically inspect haul roads to ensure compliance with the permit. During the period of or upon completion of the excavation operations, the applicant or owner shall make any necessary repairs to the haul roads as recommended by the city. All costs of inspection provided for in this subsection shall be borne by the applicant or owner. The use of the haul roads shall be further subject to any road and weight restrictions imposed by the city.
3. Submit annually in writing to the council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate herein required, the applicant or owner shall notify the council of the change in estimated quantity.
4. Comply with such other requirements as the council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare.
F. Inspections: The city may inspect all excavation sites where an extraction permit has been issued. The operator or owner of any excavation operation found in violation of the requirements of this title or its extraction permit shall remedy such violations within the time specified by written notice from the city.
G. Duration Of Extraction Permit: The excavation license shall run from January 1 through December 31 of the same year or for a lesser period of time as the council may specify at the time of issuance of the extraction permit. If the extraction permit is to run for less than a full year, the fee shall be prorated as determined by the council.
H. Extraction Permit Fee: The applicant or owner of the premises on which the excavation operation is located shall annually submit to the council written estimates of:
1. The total area of the mineral extraction operation (expressed in acres) to be actively mined during the forthcoming year; and
2. The total area for which an extraction permit permitting mineral extraction operations has been granted (expressed in acres) which will not be actively mined in the forthcoming year.
3. The council shall, by resolution, establish an annual per acre permit fee.
I. Surety Bond: The council shall require the applicant or owner of the premises on which the excavation operation is located to post a surety bond with a surety acceptable to the city, cash escrow or letter of credit ("security") in an amount determined by the council, running to the city, conditioned to pay the city the extraordinary costs and expense of repairing any streets where such repair work is made necessary by the special burden resulting from hauling and travel, and removing material from any pit or excavation, and conducting required rehabilitation and conditioned further to comply with all the requirements of this title and the particular extraction permit, and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom a permit is issued. The security shall remain in full force and effect for a minimum period of one year after expiration of the extraction permit to guarantee the required rehabilitation as well as the other requirements herein provided. (Ord. B, 9-19-1989)
J. Cement Or Concrete Production: Cement or concrete production may be allowed in the AG agricultural district as a conditional use provided the site has an approved mineral extraction permit in compliance with this section and section 11-10-7, "Conditional Use Permits", of this chapter. In addition to these sections, the following performance standards shall apply:
1. Council Review: The council, at the time of issuance of a CUP for cement or concrete production, may waive or modify any of the provisions of this section or section 11-10-7 of this chapter or impose additional requirements if it finds that the plans or other factors make appropriate more suitable measures for standards consistent with the public health, safety, and welfare.
2. Inspection: The city may inspect all sites with or requesting a CUP for cement or concrete production. The operator or owner of any cement or concrete production site found in violation of the requirements of this section or its CUP shall remedy such violations within the time specified by written notice from the city. Failure to remedy any violations within the specified time frame may result in revocation of the CUP.
3. Location: The plant shall be located in such a way that it is not visible from an adjacent residential use or a public right of way. This may be accomplished through topography, berming or setback. The minimum setback from any property line shall be twice the height of the plant or applicable setback under this code, whichever is greater.
4. Height: The maximum height of any concrete plant shall be seventy five feet (75').
5. Outdoor Storage: There shall be no outdoor storage of vehicles. All equipment and material associated with the cement or concrete plant must be screened from view from an adjacent residential use or public right of way in conformance with section 11-2-9, "Outdoor Storage", of this title. (Ord. B-132, 8-7-2003)