Any person who proposes to add land fill in the following manner shall apply to the city for a land fill permit:

   A.   Any deposit of fill within a drainage or utility easement.

   B.   Any deposit of fill within a natural drainageway.

   C.   Any deposit of fill within ten feet (10') of a property line.

   D.   Adding land fill in excess of twenty (20) cubic yards. (Ord. 2009-020, 10-5-2009)

   A.   Any person desiring a permit hereunder shall present an application, and a fee as established in section 3-1-3 of the city code, on such forms as shall be provided by the zoning administrator requiring the following information:

      1.   The name and address of the applicant.

      2.   The name and address of the owner of the land.

      3.   The address and legal description of the land involved.

      4.   The purpose of the land fill.

      5.   A description of the source, type, and amount of fill material to be placed upon the premises.

      6.   The highway, street or streets, or other public ways in the city upon and along which any material is to be hauled or carried.

      7.   An estimate of the time required to complete the land fill.

      8.   A certificate of survey showing present topography and also including boundary lines for all properties, watercourses, wetlands and other significant features within three hundred fifty feet (350').

      9.   A site plan showing the proposed finished grade and landscape plan. Erosion control measures shall be provided on such plan. Final grade shall not adversely affect the surrounding land or the development of the site on which the land fill is being conducted. Topsoil shall be of a quality capable of establishing normal vegetative growth.

      10.   A plan and/or statement demonstrating the proposed activity will in no way jeopardize the public health, safety and welfare or is appropriately fenced to provide adequate protection.

      11.   A statement that the applicant will comply with all conditions prescribed by the city or its officers or agents.

   B.   The application shall be considered as being officially submitted when all the information requirements are complied with. (Ord. 1988-12, 12-19-1988; amd. 2005 Code; Ord. 2017-01, 1-3-2017)

   A.   The zoning administrator shall process all land fill permit applications. Such applications, when determined to be necessary by the zoning administrator and all those for more than fifty (50) cubic yards, shall be forwarded to the city engineer and building official. Where watersheds, floodplains and/or wetlands are in question, the Minnesota department of natural resources shall also be contacted. These technical advisors shall be instructed by the zoning administrator to prepare reports for the council.

   B.   Filing fees in excess of the actual incurred expenses shall be refunded to the applicant. When the expenses incurred in the review of the application exceed the fee, such excess expenses shall be billed to the applicant. (Ord. 1988-12, 12-19-1988)

   A.   Unless sent to the city engineer for review and comment, the building official shall determine as to whether, and when, and under what conditions a land fill permit for less than fifty (50) cubic yards shall be issued.

   B.   Upon receiving information and reports from the zoning administrator and the city engineer, the council shall make its determination as to whether, and when, and under what conditions such permit for a land fill greater than fifty (50) cubic yards is to be issued to the applicant by the zoning administrator. (Ord. 1988-12, 12-19-1988)

   A.   Under no circumstances shall any such land fill operation be conducted or permitted if the contents of the land fill or any part thereof shall consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material, or any other material deemed to be unsuitable by the city.

   B.   Unless expressly extended by permit, the hours of operation shall be limited to seven o'clock (7:00) A.M. to six o'clock (6:00) P.M., Monday through Friday. (Ord. 1988-12, 12-19-1988)

The council may require either the applicant or the owner or user of the property on which the land fill is occurring to post a security in such form and sum as the building official and/or city engineer shall determine, with sufficient surety provided to the city, conditioned to pay to the city the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel in transporting fill material, the amount of such cost and expense to be determined by the city engineer; and conditioned further to comply with all requirements of this ordinance and the particular 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. (Ord. 1988-12, 12-19-1988)

The council may, for failure of any person to comply with any requirement made of such person in writing under the provisions of such permit, as promptly as same can reasonably be done, proceed to cause said requirement to be complied with. The cost of such work shall be taxed against the property whereon the land fill is located, or the city may, at its option, proceed to collect such costs by an action against the person to whom such permit has been issued, and such person's superiors if a bond exists. In the event that land filling operations requiring a permit are commenced prior to city review and approval, the city may require work stopped and all necessary applications filed and processed. Application fees shall be double the normal charge. (Ord. 1988-12, 12-19-1988)

   A.   All land fill operations shall be completed within ninety (90) days of the issuance of the permit. Upon completion, the permit holder shall notify the building official in writing of the date of completion. If additional time beyond the ninety (90) days is needed for completion, the permit holder may apply to the city, and upon a satisfactory showing of need, the council may grant an extension of time. If such extension is granted, it shall be for a definite period, and the zoning administrator shall issue an extension permit. Extensions shall not be granted in cases where the permit holder fails to show that good faith efforts were made to complete the land fill operation within ninety (90) days and that failure to complete the operation was due to circumstances beyond the permit holder's control, such as shortage of fill material, teamster's strike, unusually inclement weather, illness or other such valid and reasonable excuse for noncompletion. In the event a request for an extension is denied, the permit holder shall be allowed a reasonable time to comply with the other provisions of this section relating to grading, leveling and seeding or sodding. What constitutes such "reasonable time" shall be determined by the city engineer after inspecting the premises.

   B.   At the completion of a land fill operation, the premises shall be graded, leveled, and seeded or sodded with grass. The grade shall be such elevation with reference to any abutting street or public way as the city engineer shall prescribe in the permit. The site shall also conform to such prerequisites as the city engineer may determine with reference to stormwater drainage runoff and stormwater passage or flowage so that the land fill cannot become a source of, or an aggravation to, stormwater drainage conditions in the area. The city engineer shall inspect the project following completion to determine if the applicant has complied with the conditions required thereto. Failure of such compliance shall result in the withholding of any building permits for the site, and notice of such withholding shall be filed in the office of the county recorder for the purpose of putting subsequent purchasers on notice. (Ord. 1988-12, 12-19-1988)

All land fill operations for which a permit has previously been issued shall terminate such operations on the date specified by the permit. (Ord. 1988-12, 12-19-1988)

AL849   Zoning Ordinance - Appendix A   App A-1900