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HomeMy WebLinkAboutOrdinance 502.17 Mining & Extractive Uses ORDINANCE 502 – ZONING ORDINANCE Section 502.17: MINING AND EXTRACTIVE USES Subd. 1: Purpose. The purpose of this Section is to control mining operations so as to minimize conflicts with adjacent land uses and to ensure that the mining area is reclaimed with a use compatible with the City’s Comprehensive Plan and completely restored at the completion of the mining/extraction operation. Subd. 2: Scope. a) The operations covered by this Section shall be the mining, crushing, washing, refining or processing of sand, gravel, rock, black dirt, peat and soil and the removal thereof from the site. b) For the purposes of this Ordinance, mining shall not include the removal of materials associated with the construction of a building, the removal of excess materials in accordance with approved grading plans, development plans, plats, utility or highway construction, agricultural improvements within the property and sod removal with resulting materials distributed on the immediate property. Subd. 3: Permits/Financial Guarantee Required. a) An interim use permit shall be required for all mining operations. All existing operations shall obtain a permit upon expansion of the use or upon the resumption of mining activities after a period of one year without commercial mining activity. b) The City may require a performance bond or other form of financial guarantee from the landowner and/or applicant to ensure the conditions of this Section and the interim use permit are met. c) Renewal of Interim Use Permits. All property owners and residents within 350 of the mining operation shall be notified of a proposed mining interim use permit renewal request. d) Annual Certificate of Permit Compliance Required. As a condition of any mining interim use permit, the property owner and/or applicant shall annually submit graphic and/or narrative information on the mining operation demonstrating compliance with the approved interim use permit, progress on restoration plans and related conditions. Said compliance information shall be submitted thirty (30) days prior to the anticipated opening date of the mine each spring. The City shall review the compliance information and conduct a field inspection to certify 502.17-1 ORDINANCE 502 – ZONING ORDINANCE that the mining operation is in compliance with the approved interim use permit and that the financial guarantee or bonding is adequate to complete the restoration. The certification shall be completed before mining begins. Failure to submit the annual compliance information or violations of the interim use permit shall be grounds for revocation of the interim use permit. Subd. 4: Application Requirements. The following information shall be provided by the applicant. a) Name and address of all applicants/land owners. b) Legal description(s) of subject property. c) Total acreage of area to be mined, including future expansion areas. d) A vicinity map of the proposed site in relation to all areas within 350 feet of the proposed site including existing land uses, roadways, wetlands, tree stands and vegetation. e) A full-size map(s) drawn at a scale of one (1) inch to one-hundred (100) feet including and ten 8½X11” copies of the map(s): 1. Existing Conditions. A. Contour map at two (2) foot intervals. B. Existing vegetation. C. Observed or estimated groundwater elevation in reference to a permanent benchmark established in an area within the proposed site, but not disturbed by the mining operation. D. Wetlands and existing surface water drainage patterns. E. Existing structures. 2. Proposed Operations Plan. A. Structures to be erected. B. Location of sites to be mined showing depth of proposed excavation. C. Type and location of machinery to be used in the mining operation. 502.17-2 ORDINANCE 502 – ZONING ORDINANCE D. Location of storage of mined materials, showing maximum height of storage deposits. E. Location of vehicle parking, access roads, local streets and truck routes. F. Location and storage of explosives. G. Proposed methods for stabilizing slopes from erosion following seasonal operations. H. Staging of mining activity. 3. End Use Plan. A. Final grade of proposed site showing elevations and contour lines at two (2) foot intervals. B. Location and species of vegetation to be replanted. f) A Resource Management Plan including, but not limited to, measures for surface water runoff, erosion control and preservation of woodland and water resources. g) A cross-section sketch of proposed mining operations. h) A proposed land use and development plan to be implemented following the conclusion of the mining operation. i) A plan for dust and noise control. j) A complete description of all phases of the proposed operation to include: duration of the mining operation, type and amount of sand/gravel/other products that will be removed, operational hours/days/months, site dewatering activities/volume, staging plan with approximate acreage included in each stage and mining and reclamation time schedule. k) A description of how materials will be transported from the site including the route, method of carrying, number of carriers involved and ultimate destination. l) A security statement by the applicant which demonstrates proposed activities will not jeopardize the public health, safety and welfare and/or the activity is appropriately fenced to provide adequate protection. 502.17-3 ORDINANCE 502 – ZONING ORDINANCE m) Written, signed and notarized agreement allowing the City and/or its assigns to enter the land at any time for the purpose of (1) determining compliance with all applicable conditions imposed on the operation, (2)carrying out activities covered by performance bond/other financial guarantees in the event the property owner/applicant does not comply with standards herein providing the City has sent a written warning to the property owner/applicant at the address included in the permit application or (3) providing emergency assistance. n) Additional information as requested by the City. Subd. 5: Setbacks. a) Processing of minerals shall not be conducted closer than one hundred (100) feet to the property line or 500 hundred (500) feet from a residential or commercial structure on adjacent properties. b) Mining operations shall not be conducted closer than two hundred (200) feet from any residence or residential zoning classification boundary existing on the approval date of the mining interim use permit. c) Mining operations shall not be conducted within thirty (30) feet of any property line or within thirty (30) feet of the right-of-way line of any existing or platted street. Subd. 6: Performance Standards. The following standards apply to all mining operations. a) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to minimize seeding on adjacent property. b) Equipment used for mining and extraction operations shall be constructed, maintained and operated in accordance with applicable local, state and federal regulations. c) Mining and extraction shall be conducted in a manner to minimize the production of noise, dust, odor, glare and vibration adversely affecting adjacent property. d) The mining operation shall be conducted and ended in a manner which minimizes interference with the surface water drainage of adjacent properties. e) Safety fencing may be required around all or portions of the mining operation at the City’s discretion. 502.17-4 ORDINANCE 502 – ZONING ORDINANCE f) The location of the intersection of mining access roads with any public roads shall be selected such that traffic on the access roads will have a sufficient visual clearance as to ensure turns onto public rights-of-way can be completed safety as determined by the City Engineer. Signage may be required. g) All roads from mining operations to public highways, roads or streets or to adjoining property shall be paved or otherwise maintained to control dust. h) The intersection of mining access roads and public rights-of-way shall at all times remain free of mining/extractive debris, sand, dirt, gravel, etc. i) A screening barrier sufficient to substantially shield mining operations from the view of adjacent properties, year-round, shall be required between mining operations and adjacent properties. The City may also require screening between the mining site and public rights-of-way located within 500 feet of the mining or processing operation. Proposed screening treatments shall be approved by the City. j) All buildings, structures and equipment used for the production or processing of sand and gravel shall be properly maintained. k) Hours of operation shall be approved by the City and set forth in the interim use permit. l) Water pumps needed for mining operations shall require a permit from the Department of Natural Resources, Division of Waters, if necessary. Subd. 7: Land Reclamation. All mining sites shall be reclaimed immediately after mining operations cease. Reclamation shall be completed within one (1) year. The City may require a performance bond or other financial guarantee be maintained to assure the reclamation is completed as planned and within requirements. The City may draw down said financial guarantee to implement reclamation plans in the event the applicant fails to comply with approved standards. a) Within a period of three (3) months after the final termination of a mining operation, or within three (3) months after abandonment of a mining operation for a period of six (6) months, or within three (3) months after the expiration of a mining interim use permit: all buildings, structures, machinery and plants incidental to such operation shall be dismantled and removed by, and at the expense of, the mining operator last operating said buildings, structures, machinery and plants. A maximum one-year, non-renewable extension may be granted for those buildings, structures, machinery and plants required to process previously mined materials stored on the site. The City may require a performance bond or other financial guarantee that said dismantling/removal is accomplished. 502.17-5 ORDINANCE 502 – ZONING ORDINANCE b) All peaks and depressions within the subject property shall be graded and back- filled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding the subject property and which will minimize erosion due to rainfall. Finished grades shall not exceed a twenty (20) percent grade. c) Reclamation shall begin after the mining of twenty-five (25) percent of the total area to be mined or four (4) acres, whichever is less. Once these areas have been depleted of the mine deposits they shall be sloped and seeded in compliance with the end use plan. d) Reclaimed areas shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately adjacent to the subject property at a continuous depth of at least six (6) inches. The exposed topsoil shall be immediately and at all times seeded, sodded or planted to minimize erosion. e) The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site and shall be consistent with the end use plan. 502.17-6