HomeMy WebLinkAbout09.14.99 Planning Packet
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AGENDA
PLANNING COMMISSION
Regular
September 14, 1999 at 7:00 P.M.
Council Chambers
325 Oak Street
1.
CALL TO ORDER
Planning Chair: Dirk Rotty
Planning
Commissioners:
City Staff:
Todd Larson, Ronald Ley, Chaz Johnson, Tim Dougherty
David L. Olson, Community Development Director
Lee Smick, Planning Coordinator
Michael Schultz, Associate Planner
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
City Planning Commission
Lee Smick, AICP Ai to
Planning Coordinator r
Conditional Use Permit - Off Premises Directional Sign-
Landscape Depot
September 14, 1999
The Landscape Depot owned by Colin Garvey and located at 100 5th Street is seeking a
Conditional Use Permit to allow the installation of an off-premises directional sign and a variance
from the yard setback requirements in an 1-1 zoning district. The permit is being requested
because of the lack of reasonable identification due to the location of the business within a
residential neighborhood.
. Plan nine Division Review
.
Applicant:
Referral Comments:
Attachments:
Location:
Existing Zoning:
DISCUSSION
Landscape Depot
100 5th Street
Farmington, MN 55024
None
1. City Ordinance - Section 4-3-2:
Signs (A) 12
2. City Ordinance - Section 4-3-2:
Signs (B) 3a
3. Exhibit of proposed sign
4. Site Plan
Southwest intersection of Willow Street
and the Trunk Highway 3 frontage road.
Proposed to be installed in front of the
existing Farmington Greenhouse sign.
I-I (Industrial)
Mr. Garvey opened his business in May of 1999 and would like to continue to increase the
amount of customers to his business. However, because the business is located within a
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residential area at the corner of Pine and 5th Streets Mr. Garvey feels that the business is not
getting adequate exposure through signage along major traffic ways in the City. Therefore, Mr.
Garvey is seeking a conditional use permit for an off-premise directional sign to be located at the
southwest intersection of Willow Street and the Trunk Highway 3 frontage road. He is also
seeking approval of a variance from the front and side yard requirements in an industrial zone.
The proposed sign is 12 square feet in size and measures 3 feet high and 4 feet wide (see attached
sign exhibit). Mr. Garvey proposes to install the sign on the east side of the existing Farmington
Greenhouse sign and north of the existing Dakota Lumber sign (see site plan). The Farmington
Greenhouse and Dakota Lumber signs stand approximately 10 feet high. Mr. Garvey will install
the sign on poles; however, he has not determined the height of the sign at this time. He has
ensured both Dakota Lumber and Farmington Greenhouse that the proposed sign will not block
the existing signs and he has also received permission to place the sign on the property of Steve
Finden.
Section 4-3-2 (A) (12) requires that off-premise directional signs shall not exceed 25 square feet
in size. As noted above, the Landscape Depot sign is proposed to be 12 square feet in size.
Secondly, the sign must conform to the yard requirements in the industrial zoning district as
provided in Section 10-4-2. The front yard setback in an industrial zone is 50 feet and the side
yard setback is 25, however because this is a corner lot the side yard setback is 50 feet as well
because the side fronts along Willow Street. The sign will be located approximately 10 feet from
the front yard setback and 14 feet from the side yard setback.
Therefore, Mr. Garvey will request a variance of 40 feet from the front yard setback requirements
and 36 feet from the side yard setback. However, if Mr. Garvey chooses to install his sign at a
maximum of 6 feet in height, the sign may be located 10 feet from a street right-of-way as
provided for in Section 4-3-2 (B) (3a). Also for the Commission's information, the Dakota
Lumber sign is illegal at this time and the owner has been informed that a variance from the front
and side yard setbacks is required.
The following are contingencies to the approval of the conditional use permit:
1. The applicant apply and pay appropriate fees for a sign permit identifying the placement
of the sign so that it does not conflict with the off-premise sign for Farmington
Greenhouse or a legal Dakota Lumber sign.
2. Maximum height allowed for sign is eighteen feet. The applicant shall not install a sign
over this limit.
ACTION REQUESTED
Approve the following in two separate motions:
1. Approve the conditional use permit for an off-premise directional sign to be located at the
southwest corner of Willow Street and the Trunk Highway 3 frontage road.
2. Approve the variance of 41 feet from the front yard setback requirements and 11 feet
from the side yard setback requirements.
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Respectfully Submitted,
~~
Lee Smick, AICP
Planning Coordinator
cc: Colin Garvey, Landscape Depot
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4.3-2
4-3.2
to this shall be limited to thirty two (32) square feet in area, conform
with setback requirements in each district, and may be illuminated
subject to timing and information controls stipulated as a condition to
the conditional use permit.
9. On-Premises Signs: For the purpose of identifying or advertising a
business, person, activity, goods, products or services located on the
premises where the sign is installed and maintained, signs shall be
regulated as set forth in subsections 4-3.3(B) and (C).
10. Illuminated Signs: Except for temporary signs, illuminated signs
shall be allowed in "B" and "I" Districts. Such sign shall be
illuminated only by steady, stationary, shielded light sources directed
solely at the sign, or internal to it, without causing glare for
motorists, pedestrians or neighboring premises as outlined by the
section in Chapter 6 of the Zoning Ordinance dealing with exterior
lighting.
11. No Trespassing Signs: No trespassing signs and no dumping
signs shall not exceed two (2) square feet in area per side and not to
exceed four (4) in number per lot in "R" Districts. In "A" and "C"
Districts such signs shall not be less than three hundred feet (300')
apart. (Ord. 086-173, 2-21-86)
* 12. Off.Premises Directional Signs: For the purpose of providing off
street direction to a residential project described in this subsection
(A), or a new venture less than twelve (12) months following
occupancy permit, a public, religious or nonprofit institution, or a use
which, in the determination of the Planning Commission, incurs
substantial hardship from lack of reasonable identification as a result
of its location, a conditional use permit shall be required. Such sign
shall not exceed twenty five (25) square feet per face and such sign
shall conform to the yard requirements of the zoning district in which
it is located. In addition, a directional sign may be permitted for any
uses which, in the determination of the Planning Commission, incur
substantial hardship from lack of reasonable identification as a result
of its location. If said sign is lighted, it shall be illuminated only
during those hours when business is in operation or when the model
homes or other developments are open for conducting business.
(Ord. 093-320, 12-6-93)
13. On-Premises Directional Signs: Where one way access and
egress drives are incorporated in a site plan, a sign indicating traffic
direction no more than four (4) square feet may be placed at a
driveway within five feet (5') of the street right of way. A directional
694
City ot Farmington
4-3-3
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4-3-3
OPTION A - WALL SIGN ONLY
Basic Size
Size Based On BldQ. Face
Maximum
B-1
B-2
B-3
1-1
24 sq. ft.
50 sq. ft.
75 sq. ft.
100 sq. ft.
12%
16%
18%
20%
300 sq. ft.
400 sq. ft.
400 sq. ft.
500 sq. ft.
2. Option B - Walt And Pylon Signs:
(a) Under Option B, both wall and pylon signs may be used, but
only one pylon sign is permitted. The maximum allowable sign area
for any wall sign in this option shall be specified below.
(b) When a building faces two (2) or more streets, the total
allowed sign area shall be based upon the gross silhouetted area of
the two (2) smaller building sides facing the streets.
(c) For multiple occupancy buildings a sign plan shall be
prepared and approved with the same conditions as listed under
Option A above.
(d) Signs maybe placed on the side of the building not facing
the street up to one sign per tenant, but the total sign area shall not
exceed that allowed in Option B as follows:
OPTION B - WALL AND PYLON SIGNS
Basic Size Size Based On Blda. Face
Maximum
B-1 24 sq. It. 10%
B-2 50 sq. ft. 14%
B-3 75 sq. ft. 16%
'-1 100 sq. ft. 18%
(Ord. 095-347, 2-6-95)
200 sq. ft.
300 sq. ft.
300 sq. ft.
400 sq. ft.
3. Pylon Signs:
~ (a) No pylon sign shall be located in a required yard, except
freestanding signs under six feet (6') in height may be located ten
feet (10') from a street right of way.
(b) Pylon signs shall not be closer to a driveway or parking
space than five feet (5').
1095
City of Farmington
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
City Planning commlDflSSion
Lee Smick, AICP
Planning Coordinator
FROM:
SUBJECT:
Discussion concerning the amendment of Title 3, Chapter 22-
Exemptions from Excavation Permits
DATE:
September 14, 1999
INTRODUCTION
Attached is a proposed ordinance amendment that would eliminate several procedural
redundancies in the case when Developers request a conditional use permit for grading
subsequent to preliminary plat approval. Following discussion at the Planning Commission, staff
will forward the amendment to the City Council on September 20, 1999 for approval.
DISCUSSION
The attached ordinance proposes to amend Title 3, Chapter 22 of the Farmington City Code
concerning Exemptions from Excavation Permits. The proposed amendment will allow the
grading of a property after Preliminary Plat approval and the conditions of Section 3-22-4 (I) are
complied with by the Developer.
Within the past year there have been three developments that have requested grading of the
property immediately after the Preliminary Plat was approved (Nelson Hills 7th Addition,
Charleswood, Autumn Glen). In those cases, the Developer was required to apply for a
Conditional Use Permit/Grading and Excavation Permit. Obtaining a conditional use permit for
grading requires an additional step in the development approval process by requiring a public
hearing for the Conditional Use Permit, and in addition to the Public Hearing required for the
Preliminary Plat. If the Conditional Use Permit is not applied for, the Developer is required to
wait until the Development Contract is signed and all sureties are paid.
Since developments are reviewed at a public hearing for the Preliminary Plat, the grading
approval could be considered at the same time. The following conditions would be included for
the preliminary plat to allow grading to commence on a site:
1. Approval for the permit is contingent on approval of the grading plan by the City Engineering
Division. Construction shall not commence until the grading plan is approved and signed by
the City Engineer, the applicable fees are paid, the required surety posted and the Excavation,
Grading and Mineral Extraction Information sheet submitted and approved.
2. The Developer grades the site prior to approval of street and utility construction plans at the
Developer's own risk. Issues may be identified during review of the street and utility
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construction plans that may require adjustments to the grading. The Developer will be
responsible for any such changes that may be required.
This procedure, as proposed, is similar to procedures in place in other communities throughout
the metro area.
ACTION REQUESTED
Forward comments and recommendations to the City Council regarding the proposed Ordinance
Amendment.
Respectfully Submitted,
.!J
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Lee Smick, AICP
Planning Coordinator
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 3, CHAPTER 22
OF THE FARMINGTON CITY CODE CONCERNING
EXEMPTIONS FROM EXCAVATION PERMITS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 3-22-4 of the Farmington City Code is amended by adding a new
subsection (I) to read as follows:
(I) Excavation or grading authorized by the Public Works Director following preliminary plat
approval under the City's Subdivision Ordinance and prior to final plat approval, provided
the excavation and grading activities are consistent with plans submitted and approved by
the Public Works Director, the applicant has paid the applicable fees and provided
adequate surety in an amount and form approved by the Director of Public Works, and the
applicant complies with any other reasonable conditions imposed by the Public Works
Director. The Developer of a Plat assumes all risk involved with grading a site before Final
Plat and Street and Utility plan approval. Any changes to the grading of a site including
any corresponding costs necessitated by the resolution of any design issues identified
during the approval process of the Final Plat and Street and Utility construction plans, are
the sole responsibility of the Developer.
SECTION 2. Effective Date. This ordinance shall take effect immediately upon its
passage and publication.
ADOPTED this
Farmington.
, 1999, by the City Council of the City of
day of
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
ATTEST:
Approved as to form the
,1999.
day of
City Attorney
Published in the Farmington Independent the
,1999.
day of
3-22-1
.)
SECTION:
3-22- 1:
3-22- 2:
3-22- 3:
3-22- 4:
3-22- 5:
3-22- 6:
3-22- 7:
3-22- 8:
3-22- 9:
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"..........0.
3-22-10:
3-22-11 :
3-22-12:
3-22-13:
3-22-14:
3-22-15:
3-22--16:
3-22-2
CHAPTER 22
EXCAVATIONS AND MINING
Purpose and Intent
Definitions
Permit Required
Exemptions From Permit Requirements
Applications for Permits; Procedures, Contents of Applications
Council Review and Approval of Overall Plan;
Function of Renewable Annual Permits
Termination of Permit
Annual Permits; Renewal; Conditions
Issuance of Permit Imposes No Liability on City and
Relieves the Permittee of No Responsibilities, etc.
Fees
Performance Bond or Irrevocable Letter of Credit
Standards - Extraction Site Location
Fencing
Appearance and Screening at the Extraction Site
Operations; Noise; Hours; Explosives; Dust; Water
Pollution; Topsoil Preservation
Rehabilitation Standards
3-22-1: PURPOSES AND INTENT: The purpose of this Ordinance is
to promote the health, safety and welfare of the community
and to establish reasonable uniform limitations, standards, safeguards and
controls for excavation and mining within the City.
3-22-2:
DEFINITIONS: The following words, terms and phrases shall
have the following meanings respectively ascribed to them:
A. Any excavation made by the removal of the
natural surface of the earth, whether sod, dirt,
soil, sand, gravel, stone, or other matter,
creating a depression or depressions.
MINE or EXCAVATION:
These provisions previously supplemented 772;480;883;584:686;789:891
eic
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1092
City of Farmington
3-22-2
3-22-4
.
Mine or Excavation
(cont. )
B. Any area where the topsoil or overburden
has been removed for the purpose of mining
earthly deposits or minerals, yet the area has
remained idle since the topsoil removal.
C. Any area that is being used for stockpiling,
storage, and processing of sand, gravel, black
dirt, clay and other minerals.
OVERBURDEN:
Those materials which lie between the surface
of the earth and material deposit to be
extracted.
REHABILITATION:
To renew land to self-sustaining long term use
which is compatible with contiguous land uses,
present and future, in accordance with the
standards set forth in this Chapter.
TOPSOIL:
That portion of the overburden which lies
closest to the earth's surface and supports the
growth of vegetation.
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3-22-3: PERMIT REQUIRED: Except as otherwise provided in this
Chapter, it shall be unlawful for anyone to operate a mine or
excavate without having first obtained a written permit from the City
authorizing the same in accordance with this Chapter. Mining and
excavation operations that predate this Chapter that do not have a permit
shall obtain a permit within six (6) months after the adoption of this
Chapter. Current permit holders shall come into compliance with the terms
of this Chapter no later than the time their annual permit is renewed.
3-22-4:
EXEMPTIONS FROM PERMIT REQUIREMENTS: The follow-
ing activities do not require a permit under this Chapter:
(A) Excavation for a foundation, cellar or basement of a building if a
building permit has been issued.
(B) Grading a lot in conjunction with building if a building permit has
been issued.
(C) Excavation by the Federal, State, County or City government which
.
1092
City of Farmington
3-22-4
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(0)
(E)
(F)
(G)
(H)
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3-22-5
is integral to construction or maintenance of roads, highways or
utilities.
Curb cuts, utility hookups or street openings for which another permit
has been issued by the City.
Excavation of less than one thousand (1,000) cubic yards in a
calendar year.
Excavation of less than one hundred (100) square feet of surface
area in a calendar year.
Excavation or grading for agricultural purposes.
Excavation or grading in accordance with development contract
approved under the City's Subdivision Ordinance. If the development
contract requires that a letter of credit or other security be posted,
the letter of credit or other security must be posted before any
excavation takes place. (Ord. 092-278, 8-3-1992)
3-22-5:
APPLICA TIONS FOR PERMITS; PROCEDURES, CON-
TENTS OF APPLICATIONS:
(A)
An application for a mine or excavation permit shall be processed in
accordance with the same procedures and requirements specified in
the City Code relating to conditional use permits. However, the
hearing shall be held by the City Council following a review and
recommendation from the Planning Commission. All applications
dealing with land in flood plains shall also comply with requirements
listed in Title 10, Chapter 10, of this Code. (Ord. 096-375, 7-1-1996)
(B) An application for a mine or excavation permit shall contain:
1. The name and address of the operator and owner of the land.
2. The correct legal description of the property where the activity is
proposed to occur.
3. A certified abstract listing the names of all landowners owning
property within three hundred fifty feet (350') of the boundary of the
property described above.
4. Specifications of the following, using appropriate maps,
photographs and surveys:
597
City of Farmmgton
3-22-5
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3.22-5
(a) The physical relationship of the proposed designated site to
the community and existing development;
(b) Site topography and natural features including location of
watercourses and water bodies;
(c) The description and quantity of material to be excavated;
(d) The depth of water tables throughout the area.
5. The purpose of the operation.
6. The estimated time required to complete the operation.
7. The plan of operation, including processing, nature of the
processing and equipment, location of the plant, source of water,
disposal of water and reuse of water.
8. Desired haul routes to and from the site.
9. The plans for drainage, water erosion control, sedimentation and
dust control.
10. A rehabilitation plan provided for the orderly and continuing
rehabilitation of all disturbed land. Such plan shall illustrate, using
photograph maps and surveys where appropriate, the following:
(a) The contour of land prior to excavation, if available, after
completion of excavation and after completion of rehabilitation;
(b) Those areas of the site to be used for storage of topsoil and
overburden;
(c) A schedule setting forth the timetable for excavation of land
lying within the extraction facility;
(d) A timetable for the rehabilitation of land lying within the
excavation facility shall be submitted to the City well in advance of
the completion of excavation activities;
(e) The slope of all slopes after rehabilitation, based upon
proposed land uses, and description of the type and quantity of
plantings where revegetation is to be conducted; and
597
City of Farmington
3-22-5
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3-22-5
(f) The criteria and standards to be used to achieve final
rehabilitation as well as intermittent stabilization.
11, A statement identifying the applicant's program to insure
compliance with the permit conditions, method of response to
complaints and resolving conflicts that may arise as a result of
complaints.
294
City of Farmington
3-22-6
3-22-8
3-22-6:
COUNCIL REVIEW AND APPROVAL OF OVERALL PLAN;
FUNCTION OF RENEWABLE ANNUAL PERMITS:
"
(A) A public hearing shall be held before the Council on each permit
application. Notice of the hearing shall be published by the Clerk at
least ten (10) days before the hearing. The City Council shall review
the permit application and shall approve the permit if it is in
compliance with this Chapter, the City's Zoning Ordinance, and other
applicable laws, ordinances, and regulations. The Council may
attach conditions to the permit approval to promote safety and
prevent nuisance conditions. The rehabilitation plan shall only be
approved if it is consistent with the uses allowed in the City's
Comprehensive Plan and Zoning Ordinance.
(B) Implementation of the overall plan shall be by means of renewable
annual permit. The purpose of the renewable permit is to assure
compliance with the longer range overall plan and to retain the ability
to modify existing or to attach new conditions in accordance with
changing characteristics of the site or its surroundings. The City
Administrator, after consultation with appropriate City staff, may
issue renewal licenses upon satisfactory proof of compliance with
this Chapter. If the City Administrator denies a renewal license, the
applicant may appeal the decision to the City Council by filing a
notice of appeal with the City Clerk within ten (10) days after the City
Administrator denies the permit.
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3-22-7:
TERMINATION OF PERMIT:
(A) The material excavation permit may be terminated for violation of
this Chapter or any conditions of the permit. No permit may be
terminated until the City Council has held a public hearing to
determine whether the permit shall be terminated, at which time the
operator shall be afforded an opportunity to contest the termination.
The City Council may establish certain conditions, which if not
complied with, will result in immediate suspension of operations until
the public hearing to consider termination of the permit can be held.
(B) It shall be unlawful to conduct mineral extraction or excavation after
a permit has been terminated.
3-22-8:
ANNUAL PERMITS; RENEWAL; CONDITIONS:
(A) Application for renewal of an annual permit shall be made sixty (60)
days prior to the expiration date. If application for renewal is not
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1092
City of Farmington
3-22-8
3-22-11
.
A)
made within the required time, all operations shall be terminated and
reinstatement of the permit may be granted only upon compliance
with the procedures set forth in this Chapter for an original
application.
(8) A permit may be approved or renewed subject to compliance with
conditions in addition to those set forth in this Chapter when such
conditions are reasonable and necessary to ensure compliance with
the requirements and purpose of this Chapter. When such conditions
are established, they shall be set forth specifically in the permit.
Conditions may, among other matters, limit the size, kind or
character of the proposed operation, require the construction of
structures, require the staging of extraction over a time period,
require the alteration of the site design to ensure compliance with
the standards, require the provision of a performance bond by the
operator to ensure compliance with these regulations in this Chapter
j \ or other similar requirements.
.
3-22-9: ISSUANCE OF PERMIT IMPOSES NO LIABILITY ON CITY
AND RELIEVES PERMITTEE OF NO RESPONSIBILITIES,
ETC.: Neither the issuance of a permit under this Chapter, nor compliance
with the conditions thereof or with the provisions of this Chapter shall
relieve any person from any responsibility otherwise imposed by law for
damage to persons or property; nor shall the issuance of any permit under
this Chapter serve to impose a liability on the City, its officers or employees
for any injury or darriage to persons or property. A permit issued pursuant
to this Chapter does not relieve the permittee of the responsibility of
securing and complying with any other permit which may be required by any
other law, ordinance or regulation.
3-22-10: FEES: A schedule of fees for the examination and approval of
applications for permits under this Chapter and the inspection
of operations for compliance with the conditions of this Chapter and the
permit shall be determined by resolution of the City Council, which may,
from time to time, change such schedule. Prior to the approval and
issuance or renewal of any permit under this Chapter, such fees shall be
paid to the City and deposited to the credit of the General Fund.
3-22-11: PERFORMANCE BOND OR IRREVOCABLE lETTER OF
CREDIT: Prior to the approval and issuance of a permit, there
shall be executed by the operator and submitted to the City Administrator,-
an agreement to construct such required improvements, to dedicate such
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property or easements. if any, to the City and to comply with such
conditions as may have been established by the City Council. Such
agreement shall be accompanied by bond with surety or condition
acceptable to the City Administrator in the amount of the established costs
of complying with the agreement. The aforesaid agreement, bond or letter
of credit shall be provided for guaranteeing completion and compliance with
the conditions set forth in the permit within the time to be approved by the
City Council. The adequacy, conditions and acceptability or any bond or
letter of credit hereunder shall be determined by the City Administrator. The
adequacy of the bond or letter of credit shall be reviewed annually by the
City. The City may direct the amount of the bond or letter of credit be
increased to reflect inflation or changed conditions.
3-22-12:
STANDARDS - EXTRACTION SITE LOCATION: Operations
permitted under this Chapter shall not be conducted within:
(A) Fifty feet (50') of an existing street or highway;
(B) Thirty feet (30') of the right of way of an existing public utility;
(C) Fifty feet (50') of the boundary of any zone where such operations
are not permitted; or
,
(D)
Thirty feet (30') of the boundary of an adjoining property not in
mining use; or as directed by the City Council.
3-22-13: FENCING: During operations which have received a permit
under this Chapter, 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 vertical to one and one-half feet horizontal
(1 :11/2), and any other areas where obvious danger to the public exists,
shall be fenced when such a situation has existed or will exist for a period
of five (5) working days or longer. The City Engineer shall review such
fencing to assure its adequacy. He may waive this requirement or require
additional measures based on his judgment and the characteristics of the
particular instances. As an alternative, the City Engineer may require
perimeter fencing of the entire extraction site.
3-22-14:
APPEARANCE AND SCREENING AT THE EXTRACTION
SITE: The following standards are required at the extraction
site of any operation permitted under this Chapter:
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3-22-15
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(A)
Machinery shall be kept in good repair.
(8) Abandoned machinery, inoperable equipment and rubbish shall be
removed from the site regularly.
(C) All buildings and equipment that have not been used for a period of
one year shall be removed from the site.
(0) All equipment and temporary structures shall be removed and
dismantled not later than ninety (90) days after termination of the
extraction operation and expiration of the permit.
(E) Where practical, stockpiles of overburden and materials shall be
used to screen the extraction. The side slopes of such stockpiles
shall not exceed three to one (3:1).
(F) 'The perimeter of the site shall be planted or otherwise screened
when such is determined by the City Council to be necessary.
(G) Existing tree and ground cover shall be preserved to the extent
feasible, maintained and supplemented by selective cutting,
transplanting of trees. shrubs, and other ground cover along all
setback areas.
. 3-22-15: OPERATIONS; NOISE; HOURS; EXPLOSIVES; DUST;
WATER POLLUTION; TOPSOIL PRESERVATION: The
following operating standards shall be observed at the extraction site of any
operation permitted under this Chapter:
(A) The maximum noise level at the perimeter of the site shall be within
the limits set by the Minnesota Pollution Control Agency and the
Federal Environmental Protection Agency.
(8) Extraction and hauling operations shall be performed during only
those times established by the City Council as part of the permit.
(C) Operators shall utilize all practical means to eliminate vibration from
equipment operation on adjacent property .
(0) Operators shall comply with all applicable City, County, State and
Federal regulations for the protection of water quality, including the
Minnesota Pollution Control Agency and Federal Environmental
Protection Agency regulations for the protection of water quality. No
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D)
waste products or process residue shall be deposited in any lake,
stream or natural drainage system. All waste water shall pass
through a sediment basin before drainage into a stream.
(E) All topsoil shall be retained at the site until complete rehabilitation of
the site has taken place according to the rehabilitation plan.
(F) Operators shall use all practical means to reduce the amount of
dust, smoke and fumes caused by the operations.
3-22-16:
REHABILITATION STANDARDS: The following rehabilitation
standards shall apply to the site of any operation permitted
under this Chapter.
(A) Rehabilitation shall be a continuing operation occurring as quickly as
possible after the extraction operation has moved sufficiently into
another part of the extrac :n site.
(B) All banks and slopes shall be left in accordance with the rehabili-
tation plan submitted with the permit application.
(C)
Slopes, graded areas and backfill areas shall be surfaced with
adequate topsoil to secure and hold ground cover. Such ground
cover shall be tended as necessary until it is self-sustained.
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""":<:\,'~,,/
(D)
All water areas resulting from excavation shall be eliminated upon
rehabilitation of the site. In unique instances where the City Council
has reviewed proposals for water bodies at the time of approval of
the overall plan and has determined that such would be appropriate
as an open space or recreational amenity in subsequent reuse of the
site, water bodies may be permitted.
(E) No part of the rehabilitation area which is planned for uses other
than open space or agriculture shall be at an elevation lower than
the minimum required for connection to a sanitary or storm sewer.
(Ord. 092-278, 8-3-92)
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City o{ Farmington