The extraction of sand, gravel, black dirt or other natural material from the land or the grading of land shall be termed "land excavation/grading". Any said act performed in the following manner shall require a permit:

   A.   Removing sand, gravel, black dirt, or other natural materials, or grading land within a drainage or utility easement.

   B.   Removing sand, gravel, black dirt or other natural materials or grading within a natural drainageway.

   C.   Removing sand, gravel, black dirt, or other natural materials or grading land within ten feet (10') of a property line.

   D.   Removing sand, gravel, black dirt or other natural materials or grading land in excess of twenty (20) cubic yards. (Ord. 2009-020, 10-5-2009)

It is intended hereunder to cover the removal of natural materials from lands including such activity when carried on as a business, but shall not apply to basement excavation or other excavation which is already covered by the building code or other such regulations of the city. (Ord. 1988-12, 12-19-1988)

   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 form 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 excavation or grading.

      5.   A description of the type and amount of material to be excavated from or graded on 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 excavation or grading.

      8.   A site plan 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 excavation is being conducted. Topsoil shall be of a quality capable of establishing normal vegetative growth.

      10.   A security 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. A fee established by section 3-1-3 of the city code for such application shall be paid to the city at the time the application is submitted. (Ord. 1988-12, 12-19-1988; amd. 2005 Code; Ord. 2017-01, 1-3-2017)

The zoning administrator shall immediately, upon receipt of such application, forward a copy thereof to the city engineer and building official. Where watersheds 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. (Ord. 1988-12, 12-19-1988)

Upon receiving information and reports from the zoning administrator, building official and city engineer, the council shall make its determination as to whether, and when, and under what conditions such permit for an excavation or grading is to be issued to the applicant by the zoning administrator. (Ord. 1988-12, 12-19-1988)

   A.   Prerequisites: The council, as a prerequisite to the granting of a permit, or after a permit has been granted, may require the applicant to whom such permit is issued, or the owner or user of the property on which the excavation or grading is located, to:

      1.   Properly fence the excavation.

      2.   Slope the banks, and otherwise properly guard to keep the excavation in such condition as not to be dangerous from caving or sliding banks.

      3.   Properly drain, fill in, level or grade the excavation, after it has been created, so as to make the same safe and healthful as the council shall determine.

      4.   Keep the excavation or grading within the limits for which the particular permit is granted.

      5.   Remove excavated or graded material from the excavation, away from the premises upon and along such highways, streets or other public ways as the council shall order and direct.

   B.   Hours Of Operation: 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 excavation or grading is occurring to post security in such form and sum as the council 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, the highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel in transporting excavated 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 based. (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, and the cost of such work shall be taxed against the property whereon the grading/excavation 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 his superiors if a security exists. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)

   A.   All excavation and grading 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 building official 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 excavation operation within ninety (90) days and that failure to complete the operation was due to circumstances beyond the permit holder's control, such as teamsters' strike, unusually inclement weather, illness or other such valid and reasonable excuse for noncompletion. In the event 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 an excavation or grading project, 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 excavation 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 imposed as part of the permit. (Ord. 1988-12, 12-19-1988)

AL849   Zoning Ordinance - Appendix A   App A-2000