Stacy City Zoning Code

ENVIRONMENTAL QUALITY

CONTROL STANDARDS

§ 153.071 PURPOSE.

The purpose of this subchapter is to establish minimum standards for the use and preservation of the natural resources of the environment. The following standards are established to help maintain safe and healthful conditions, to prevent or control pollution of air and water, to preserve aquatic life and natural beauty, to restore the environment following exploitation, and to maintain compatible performance standards between uses.

(Prior Code, § 904.01) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.072 APPLICATION.

All environmental quality control standards hereinafter specified shall be applicable throughout the city and shall be enforced in addition to the regulations set down under district use provisions.

(Prior Code, § 904.02) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.073 NUISANCE STANDARDS.

(A) Federal, state and local regulations apply. All uses shall comply with all federal, state, and local pollution and nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors, and noise. The burden of proof for compliance of appropriate performance standards lie with the applicant.

(B) Noise. Any use established shall be so operated that no undue or objectionable noise resulting from the use is transmitted beyond the boundaries of that lot or property on which the use is located. This standard shall not apply to incidental traffic, parking, loading, construction, or maintenance operations unless the noise is persistent or reoccurring and poses a threat to the health, safety, or welfare of nearby residents.

(C) Vibration. Any use creating periodic earth-shaking vibration shall be prohibited if such vibrations are perceptible to persons beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.

(D) Waste material. No toxic, harmful waste material shall be washed into the public storm sewer system or the sanitary sewer system without first having received a permit to do so. Storage areas for waste material shall be located and fenced in a satisfactory manner to avoid being a public nuisance. No toxic or harmful liquid or solid waste shall be disposed of in the city without first obtaining a permit to do so.

(E) Glare and heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being objectionable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from R districts and public streets.

(F) Smoke and particulate matter. Any use established, enlarged or remodeled on the effective date of this chapter shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare.

(G) Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the atmosphere or the subsoil beyond the boundaries of the lot wherein such use is located toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.

(H) Odors. Any use established, enlarged or remodeled shall be so operated as to prevent the emission of odorous or solid matter of such quality and quantity as to be objectionable at any point beyond the lot line of the site on which the use is located.

(I) Water pollution. All uses and activities shall conform to all applicable federal, state and local water pollution standards and/or controls in effect.

(Prior Code, § 904.03) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.074 STORAGE STANDARDS.

(A) Exterior storage. All materials and equipment shall be stored within a building or fully screened so they will not be visible from adjoining properties, except for the following: laundry drying and recreational equipment, construction and landscaping materials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises, off-street parking except as otherwise regulated herein. Boats and unoccupied trailers, less than 20 feet, are permissible if stored in the rear yard not less than 10 feet distant from any property line. Existing uses shall comply with this provision within 12 months following enactment of this chapter.

(B) Bulk storage (liquid).

(1) Persons responsible for all uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall apply for and obtain a special use permit in order that the governing body may have assurance that fire, explosion, or water or soil contamination hazards are not present that would be detrimental to the public health, safety, and general welfare. All existing above ground liquid storage tanks having a capacity in excess of 2,000 gallons shall secure a conditional use permit within 12 months following enactment of this chapter; the governing body may require as a condition to the permit, the development of dyking around said tanks, suitably sealed, to hold a leakage capacity equal to 115% of tank capacity. Any existing storage tank operations that, in the opinion of the governing body, constitutes a hazard to the public safety shall discontinue within 5 years following enactment of the ordinance.

(2) All newly constructed bulk liquid storage facilities shall be surrounded with a sealed dyke to hold a leakage capacity equal to 115% of tank capacity.

(Prior Code, § 904.04) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.075 VISUAL STANDARDS.

Where any business or industrial use is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property if abutting property owners petition the Planning Commission for said action and the Commission shall find the petition to be valid or, at the latest, within 3 years from the adoption of the ordinance set forth in this section if requested by the Planning Commission. The general type and extent of the screening (such as a fence and/or landscaping) shall be selected by the Planning Commission to visually separate the different land uses or to discourage children from entering or playing in the industrial area.

(Prior Code, § 904.05) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.076 ROADSIDE STANDARDS.

(A) Setback for roadside establishments. All roadside service and business establishments shall be setback at least 60 feet from the right-of-way line of any state highway and at least 60 feet from the right-of-way line of any county or county-state aid highway and 40 feet from any township highway (except as permitted by other sections of this chapter.)

(B) Screening for dumps and junk yards. Existing and new dumps and junk yards shall be adequately screened by fencing or appropriate landscaping when visible from any county or state highways.

(C) Signs in public right-of-way. Only signs authorized by the state, county, and city and used for official service shall be allowed within the public right-of-way.

(D) Signs along highways. Along all highways, no advertising or business signs shall be erected which block safe driving vision, official signs, and safety signals; nor shall these signs have flashing lights or moving parts which may cause highway traffic hazards and shall conform to state law.

(Prior Code, § 904.06) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.077 MAINTENANCE STANDARDS.

In all districts, all structures, required landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

(Prior Code, § 904.07) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.078 DRAINAGE STANDARDS.

No land shall be developed, and no use shall be permitted that results in water runoff causing flooding or erosion on adjacent properties. Such runoff shall be properly channeled into a storm drain, water course, ponding area, or other suitable facility.

(Prior Code, § 904.08) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.079 TRAFFIC STANDARDS.

(A) Traffic control. The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards, or excessive traffic through residential areas. Traffic into and out of all business and industrial uses or areas shall in all cases be forward moving with no backing onto streets or pedestrianways.

(B) Access driveways.

(1) The purpose of this section is to establish minimum standards for the design of safe ingress and egress for uses oriented to serving the motoring public, but not including parking lots.

(2) The distance from a driveway to the intersection of 2 streets shall not be less than 20 feet measured along the curb line with the property line and the point of tangency of the curb lines with the curb return of the driveway; provided, however, that if in the opinion of the engineer, present or future traffic conditions warrant greater distances, shall be required subject to approval by the governing body. The distance from a driveway to the intersection of 2 thoroughfares shall be no less than 100 feet.

(Prior Code, § 904.09) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.080 INOPERATIVE MOTOR VEHICLES.

(A) No person shall leave any partially dismantled, inoperative, wrecked, or junked vehicle on any public road or public property.

(B) No person in charge or control of any property shall allow any partially dismantled, inoperative, wrecked, or junked vehicle to remain on the property longer than 30 days where the vehicle is visible from a public road or the main floor of any dwelling; nor shall any person allow an unlicensed vehicle capable of being operated to remain on the property if the vehicle has been unlicensed in the current year. The current license must be affixed to the license plate which is affixed to the car and visible from the street. The only exception is in the Agricultural District where partially dismantled, inoperative, wrecked, or junked motor vehicles or goods may remain on the property if enclosed in a building or if located within an area not visible to the public or neighboring property.

(Ord. 2009-5-1, passed 5-12-2009; Am. Ord. 2017-7-1, passed 7-11-2017; Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.081 HAZARDOUS ELEMENTS STANDARDS.

(A) Explosives. Any use requiring the storage, utilization, or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from any R district line or any buildings on adjacent land and any public right-of-way, provided that this section shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes.

(B) Radiation and electrical emission. No activities shall be permitted that emit dangerous radiosedvity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment, including, but not limited to, radio and television reception other than that of the creator of the disturbance.

(Prior Code, § 904.11) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.082 FEED LOTS - LIVESTOCK POLLUTION.

(A) No manure shall be deposited, stored, kept, or allowed to remain in or upon any storage site or feed lot without reasonable safeguards adequate to prevent the escape or movement of the manure or a solution thereof from the site under any conditions whereby substantial pollution of any waters of the state might result therefrom.

(B) In the case that the Zoning Administrator shall find adequate safeguards are not present, he or she may by order require the owners or other responsible persons to immediately remove the manure from the feed lot or storage site and refrain from further storage or keeping of any manure there unless and until an adequate safeguard is provided.

(Prior Code, § 904.12)

§ 153.083 SANITARY LANDFILLS.

All dumps and sanitary landfills shall conform to the regulations and standards adopted by the Minnesota Pollution Control Agency and the county.

(Prior Code, § 904.13) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.084 MINERAL EXTRACTION.

(A) The purpose of this section is to protect the public health, safety and welfare through the following:

(1) Identify areas in the city where mineral extraction is most appropriate and minimizes conflicts with other land uses.

(2) Establish permitting requirements, environmental review procedures and performance standards to regulate mineral extraction.

(3) Establish standards which prevent or minimize environmental and aesthetic impacts on extracted properties, adjacent properties and the community as a whole.

(4) Establish standards and financial guarantees that restore extracted land to a condition compatible with adjacent properties and suitable for future uses which are compatible with the City of Stacy Comprehensive Plan.

(B) When used in this section, the following terms shall have the meaning associated with them:

ACCESSORY USES. Include the manufacture, storage and sale of products made from minerals.

DUST. Airborne mineral particulate matter.

EXCAVATION. The movement of minerals on a site.

MINERAL. Sand, gravel, rock, soil, clay and similar higher density non-metallic natural minerals.

MINERAL EXTRACTION. The removal of minerals from the ground and off the subject property.

MINERAL EXTRACTION FACILITY. Any area used for mineral extraction and processing minerals.

MINERAL EXTRACTION PERMIT. The permit required for mineral extraction facilities.

OPERATOR. Any person or persons, partnerships, or corporations or assignees, including public or governmental agencies, engaging in mineral extraction.

PRINCIPAL USE. The extraction, crushing, screening, mixing, storage and sale of minerals from the facility.

PROCESSING. Any activity which may include the crushing, screening, mixing, and stockpiling of sand, gravel, rocks, or similar mineral products into consumable products such as fill, construction grade sand, gravel, roadway mixes, and other similar granular products.

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 section.

SOIL. A natural 3-dimensional body of the earth's surface.

SUBJECT PROPERTY. The land on which mineral extraction is permitted.

TOPSOIL. The upper portion of the soils present that is the most favorable material for plant growth. A mineral extraction permit is required for all mineral excavation facilities. A mineral extraction permit is an interim use and shall be processed in accordance with § 153.190 and the additional procedures and requirements of this section. Legal nonconforming mineral extraction facilities expanding on new parcels after adoption of this section shall be required to obtain an interim use permit consistent with the provisions of this section.

(1) Excavation for a structure if a building permit has been issued.

(2) Excavation in a right-of-way or utility corridor by federal, state, county, or city authorities in connection with construction or maintenance of public improvements.

(3) Excavations not exceeding 400 cubic yards annually.

(4) Excavation for agricultural purposes.

(5) Excavation for public utility purposes.

(E) Permit application requirements.

(1) An application for a mineral extraction permit shall be submitted to the city on a form supplied by the city. Information shall include but not be limited to the following:

(a) The following maps of the entire site and to include areas within 500 feet of the site. All maps shall be drawn at a scale of 1 inch to 200 feet unless otherwise stated below:

1. Map A: Existing conditions to include:

i. Property boundaries.

ii. Contour lines at 10 foot intervals.

iii. Existing vegetation.

iv. Existing drainage and permanent water areas.

v. Existing structures.

vi. Existing wells and private sewer systems of record.

vii. Existing pipelines, power lines and other utilities.

viii. Easements.

2. Map B: Proposed operations to include:

i. Property boundaries.

ii. Structures to be erected.

iii. Location of sites to be mined showing depth of proposed excavation.

iv. Location of tailings deposits showing maximum height of deposits.

v. Location of processing areas and machinery to be used in the mining operation.

vi. Location of storage of mined materials, showing height of storage deposits.

vii. Location of vehicle parking.

viii. Location of storage of explosives.

ix. Erosion and sediment control structures.

x. Haul routes.

3. Map C: End use plan to include:

i. Property boundaries.

ii. Final grade of proposed site showing elevations and contour lines at 5-foot intervals.

iii. Location and species of vegetation to be replanted.

iv. Location and nature of any structure to be erected in relation to the end use plan.

v. Turf rehabilitation plan.

(b) Name, address, phone number, contact person for the operator.

(d) Names of the adjacent landowners including all those within a 1/4 mile radius of the boundary line of the subject property.

(e) Acreage and complete legal description of the subject property on which the facility will be located, including all contiguous property owned by the landowners.

(f) A narrative outlining the type of material to be excavated, mode of operation, estimated quantity of material to be extracted, plans for blasting, and other pertinent information to explain the request in detail.

(g) Phasing plan and estimated timeframe to operate the facility. A description of all vehicles and equipment estimated to be used in the operation of the facility, including a description of the estimated average daily and peak daily number of vehicles accessing the facility.

(h) Any other information or documentation required for issuance of an interim use permit under § 153.190.

(2) Every application for a mineral extraction permit shall include submission of supporting documentation which shall include, but is not limited to the following:

(a) A description of existing land uses on the subject property and all properties within 1/4 mile.

(b) A description of land use designations in the Comprehensive Plan and zoning classifications of the subject property and all properties within 1/4 mile.

(c) A description of the soil, vegetation, mineral content and topography of the subject property. A minimum of 3 soil boring logs representative of the site and a description of the subsurface materials on the subject property must be submitted.

(d) A general description of surface waters, existing drainage patterns and groundwater conditions within 1/4 mile of the subject property.

(e) A general description of the depth, quantity, quality and intended uses of the mineral deposits on the subject property.

(f) Copies of the MPCA application documents and operating permits.

(g) A description of the site hydrology and drainage characteristics during extraction for each phase of mineral extraction. Identify any locations where drainage of any disturbed areas will not be controlled on the subject property and plans to control erosion, sedimentation and water quality of the runoff.

(h) A description of the potential impacts to adjacent properties resulting from mineral extraction and off-site transportation, including but not limited to noise, dust, surface water runoff, groundwater contamination, traffic and aesthetics.

(i) A description of the plan to mitigate potential impacts resulting from mineral extraction.

(j) A description of site screening, landscaping and security fencing.

(k) Site rehabilitation plans for each phase of operation and upon completion of mineral extraction on the subject property.

(l) A description of the method in which complaints about any aspect of the mineral extraction facility operation or off-site transportation are to be received and the method which complaints are to be resolved.

(m) A plan for groundwater quality protection. A minimum of 3 cross- sections showing the extent of overburden, extent of sand and gravel deposits, the water table, and any evidence of the water table in the past. The Planning Commission reserves the right to require additional borings if necessary.

(F) Permitting procedure.

(1) A request for a mineral extraction permit, as provided within this section, shall be filed with the Zoning Administrator on an official application form, the required application fee shall be paid, and a deposit made to reimburse the city for its out-of-pocket costs in processing the application. The application shall also be accompanied by 10 copies of detailed written and graphic materials fully explaining the proposed change, development, or use as specified under division (E) of this section. The Zoning Administrator shall refer the application along with all related information, to the Planning Commission for consideration.

(2) The Zoning Administrator shall notice a public hearing to be held by the Planning Commission. Notice of such hearing shall be published in the official newspaper of the city at least 10 days prior to the date of the hearing. Written notice of public hearing shall be sent to the governing bodies of the affected city and any municipality located within 2 miles of the affected property. Written notice shall also be sent to all property owners of record within 500 feet of the affected property in incorporated areas and to property owners within 1/4 miles of the affected property or the nearest 10 properties in unincorporated areas, whichever would provide notice to the greatest number of owners. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator and made a part of official record. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this division has been made.

(3) The Planning Commission shall have the authority to request additional information from the applicant or to retain expert testimony with the consent and at the expense of the applicant if said information is declared to be necessary by the city to review the request or to establish performance conditions in relation to this section.

(4) The Planning Commission and City Council may refer the application for review and comment to other agencies, including but not limited to the Soil and Water Conservation District and the Minnesota Pollution Control Agency.

(5) The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request to the City Council. The city may impose such additional restrictions or conditions as deemed necessary to protect the public interest. These conditions may include, but are not limited to the following:

(a) Matters relating to the appearance.

(b) Hours of operation.

(d) Limiting the height, size, or location of buildings.

(e) Controlling the location and number of vehicle access points.

(f) Increasing street width and improving access conditions.

(g) Requiring diking, berming, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property.

(h) Limiting the area to be mined.

(i) Requiring phased rehabilitation.

(j) Requiring financial security to guarantee compliance with the conditions of approval.

(k) Water quality monitoring.

(6) The City Council shall approve, modify, or deny the request and state the findings of its actions. Approval of an interim use permit shall require passage by majority vote of the City Council. The Zoning Administrator shall notify the applicant of the City Council's action.

(7) Reapplication for the same or substantially same interim use permit shall not be accepted within 6 months of denial by the City Council. Any interim use permit approved but not used within 12 months of the date of approval shall be null and void.

(8) Any change to the approved interim use permit shall require an amended interim use permit. Any expansion beyond the original boundaries shall not be considered an amended permit and shall require a new interim use permit.

(G) The city shall require the applicant or owner of the property on which the mineral extraction is occurring, to post a bond, letter of credit or cash escrow in such form and sum as determined by the City Council as part of the permit. The security shall be sufficient to reimburse the following costs:

(1) Costs of bringing the operation into compliance with the mineral extraction permit requirements, including site monitoring and enforcement costs.

(2) Extraordinary costs of repairing roads due to the special burden resulting from the hauling of materials and traffic associated with the operation. The amount of such cost shall be determined by the City Engineer.

(3) Site restoration.

(4) Costs the city may incur in enforcing the terms of the interim use permit, including attorney's fees.

(H) Annual certification of all mineral excavation permits is required. The purpose of the annual certification is to maintain an updated listing of active conditional uses in the city, to decertify any permits where the activity has ceased, and to monitor compliance with the conditions of approval. Permit holders must complete and return certification forms provided by the city. Failure to maintain certification shall be cause for revocation of the permit.

(I) The following uses are prohibited unless specifically authorized in the mineral extraction permit:

(1) The washing of the extracted material.

(2) The production or manufacturing of veneer stone, sills, lintels, cut flagstone, hearthstones, paving stone and similar architectural or structural stone, and the storing or stockpiling of such products on the site.

(3) The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready-mixed concrete, asphalt and any similar production or manufacturing processes.

(J) The following performance standards apply to all mineral extraction facilities in the city:

(1) The minimum lot size for which mineral extraction permits may be issued is 20 acres. The Zoning Administrator may issue an administrative permit for a temporary extraction activity on less than 20 acres associated with local construction projects. The permit shall be limited to 1 calendar year in duration and shall be subject to all performance standards of this section, unless certain standards are specifically waived by the Zoning Administrator. The Zoning Administrator may also require additional conditions, such as specifying haul routes and guaranteeing haul route maintenance and repair.

(2) Mineral extraction facilities shall operate only between the hours of 6:00 a.m. and 8:00 p.m., Monday through Saturday.

(a) Operators are allowed a maximum of 5 1-day extensions to the hours of operation for evening work in a calendar year. Operators must notify the city in advance of the proposed extension. Other exceptions to the hours of operation must be approved by the city. Approval may only be granted in conjunction with the furnishing of material for a public improvement project that is underway during hours that the mineral extraction facility is not otherwise allowed to operate. Approval will be limited to those functions that cannot occur during normal hours of operation.

(b) Other exceptions approved by the City Council.

(3) Fencing, signs, and barriers shall be required around ponding areas and steep sloped excavation areas.

(4) 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 distance of the public road in view so that any turns onto the public road can be completed with a margin of safety.

(5) Dust control.

(a) Operators shall be responsible for providing dust control on all gravel roads used by trucks hauling to or from a mineral excavation facility. Unless waived by the City Council in lieu of other remedies, watering roadways will be required when conditions warrant it.

(b) The city may require watering in a facility when it is determined that airborne dust from extraction areas, processing activities, stockpiles or internal roadways creates a public nuisance. Other remedies to control dust may include berming, landscaping, and enclosures for processing equipment. All equipment used for mining operations shall be constructed, maintained, and operated in such a manner as to minimize dust conditions, as far as practicable. All access roads from mining operations to public highways, roads, or streets, or to adjoining property shall be paved or surfaced with gravel to minimize dust conditions.

(6) Maximum noise levels at the facility will be consistent with the standards established by the Minnesota Pollution Control Agency.

(7) Operators shall use all practical means to eliminate adverse impacts on adjacent properties from vibration of equipment.

(8) All activities on the subject property will be conducted in a manner consistent with the Minnesota Pollution Control Agency's operating permits.

(9) The mineral extraction operation shall not allow surface water to leave the site in a manner that causes flooding, erosion, or alteration of natural drainage patterns. The mineral extraction operation shall not adversely affect the quality of surface or subsurface water. Surface water originating outside and passing through the mineral extraction facility shall, at its point of departure from the mining site, be of equal quality to the water at the point where it enters the mining site. The operator shall perform any water treatment necessary to comply with this division.

(10) To minimize problems of dust and noise and to shield mining operations from public view, a screening barrier may be required between the mining site and adjacent properties. The design of the screening barrier shall be adequate to provide screening that would minimize the visual interruption of the surrounding landscape. When practicable, a screening barrier must be maintained between the mineral extraction operation and any public road.

(11) Vehicles, equipment, or materials not associated with the mineral extraction facility or not in operable condition may not be kept or stored at the facility, except as specifically authorized in the interim use permit.

(12) Mineral extraction shall occur no closer than 50 feet from any property line or road easement. An exception to the property line setback requirement may be considered on a case-by- case basis where 2 mineral extraction facilities share a common lot line and the City Council determines it to be in the city's interest to waive all or portions of the contiguous setback areas between the facilities. The setback for all other equipment and activities shall be based upon performance standards for noise, dust control, visual screening and the like as determined in the application review process.

(13) Phasing plans must be prepared for all mineral extraction facilities. The plans shall include the details and schedule for rehabilitation in the transition of 1 phase to another.

(14) Existing trees and ground cover outside of mineral extraction areas shall be preserved to the maximum extent possible.

(15) The operators shall be required to control noxious weeds and mow or harvest other vegetation to maintain reasonable appearance of the site.

(16) Any waste generated from the mining operation, including waste from vehicle or equipment maintenance, shall be disposed of in accordance with federal, state, and city requirements.

(17) The importation of recycled concrete and asphalt may be considered an accessory use, at the discretion of the City Council, provided also that it is processed and prepared for construction reuse or sale.

(18) The operators must comply with all other federal, state, regional, city, and local laws and regulations applicable to the operation of the mineral extraction facility, including but not limited to floodplain management regulations, shoreland management regulations, and zoning ordinance regulations.

(19) The city may impose additional regulations and requirements to the mineral extraction permit to protect the public health, safety, and welfare.

(K) Land rehabilitation plans for mineral extraction permits must include the grading plans, topsoil replacement, seeding, mulching, erosion control, and sedimentation control specifications for each phase and the final site restoration. The following minimum standards and conditions apply:

(1) Final grades may not exceed a 3:1 ratio (33% slope), except for rehabilitated areas in existence at the time of adoption of this section. In completing final grading in each phase, the top of the slope may begin 20 feet from property lines.

(2) A minimum of 3 inches of topsoil shall be placed on all graded surfaces.

(3) Seeding and mulching shall be consistent with Minnesota Department of Transportation specifications for rights-of-way. Exceptions to seeding and mulching include areas returned to agricultural production.

(4) Soil restoration, seeding, and mulching must occur within each phase as soon as final grades, or interim grades identified in the phasing plans, have been reached. Exceptions to seeding and mulching include the processing, storage, and staging areas within each phase.

(5) Soil erosion and sedimentation control measures shall be consistent with MPCA's "Protecting Water Quality in Urban Areas."

(6) Unless otherwise amended or approved by the city, all final grades and site restoration efforts shall be consistent with the rehabilitation plan.

(7) Within 6 months after completion of mineral extraction or after termination of the permit, all equipment, vehicles, machinery, materials, and debris shall be removed from the subject property.

(8) Within 12 months after completion of mineral extraction or after termination of the permit, site rehabilitation must be completed.

(9) 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.

(Prior Code, § 904.13) (Am. Ord. 2024-9-4, passed 9-10-2024; Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.085 LAND RECLAMATION.

All land reclamation shall meet the following standards:

(A) The smallest amount of bare ground is exposed for as short a time as feasible;

(B) Temporary ground cover is used and permanent ground cover, such as sod, is planted;

(D) Fill is stabilized to accepted engineering standards;

(E) Final slopes for cut slopes should be a maximum of 1:1; or 100%; fill slope 3:1 or 30%; and grade or construction slope, 5:1 or 20%.

(Prior Code, § 904.14) (Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.086 EROSION CONTROL AND LANDSCAPE STANDARDS.

(A) Sod and seed.

(1) The builder or lot purchaser, except as otherwise permitted in this section, shall spread a minimum of 4 inches of topsoil. All boulevard, front and side yard areas to the rear of the structure shall be sodded. Seed and mulch may be installed in the back yard. Weather permitting, sod and seed shall be planted within 60 days after a home is constructed on a lot.

(2) The builder shall furnish a cash landscaping escrow. The escrow shall be set according to the city fee schedule and the purpose is to guarantee compliance with the following:

(a) The landscaping requirement;

(b) Lot grading requirements from the certificate of survey;

(c) To certify that the elevation of the sod in relationship to the building and the water service curb stop box is acceptable to the city; and

(d) Submittal of a certified as-built lot certificate of survey to city for some lots.

(3) The distance from building siding, untreated wood, to top of the sod shall be a minimum of 6 inches to satisfy Building Code requirements.

(4) Curb stop (water shut off) elevation in relationship to sod surface shall be approved by the city after sod is installed. The landscaping escrow submitted by the builder to the city shall be retained until all required work is approved.

(5) For all lots, the city shall verify that final lot grading satisfies grading plan requirements and that the work was performed to city requirements after the sod and trees are installed. In addition, a certified as-built lot certificate of survey is required for lots that have emergency overflow (E.O.F.) swales and any other lot that abuts any drainage way, swale, or critical drainage flow path.

(6) If all of the landscaping requirements are not timely completed, the city may enter the lot, perform the work, and apply the landscaping escrow toward the cost. Upon satisfactory completion of the landscaping, the escrow funds, without interest, less any draw made by the city, shall be returned to the person who deposited the funds with the city.

(B) Trees.

(1) Lots with existing trees. The builder shall furnish a cash tree preservation escrow of $1,000 per lot for each lot with at least 1 existing significant tree at the time of the building permit application. A significant tree is defined as a tree that is 6 inches in diameter measured 2 feet above the ground level.

(2) Lots without trees. Trees shall be planted for new subdivisions. In new subdivisions where 2 trees of the following sizes do not already exist an each lot, trees shall be planted on each lot. The following tree specifications shall apply to each platted lot in the proposed subdivision:

(a) Required subdivision trees.

1. Two balled and burlapped trees will be required per lot. These trees shall be planted in the front yard, outside of any easement dedication.

2. Caliper: a minimum of 2.5 inches in trunk diameter measured 2 feet above the ground level.

(b) Location. Front yard trees shall be planted in the front yard, but at a distance of at least 10 feet from the front property line and 5 feet from any side property line. No required subdivision tree shall be planted inside of any drainage or utility easement, as verified through the final plat recorded with the county, or within a 40 foot clear view triangle on corner lots. The clear view triangle is the area established for visibility clearance at the intersection. The area of the clear view triangle is defined as follows: beginning at the intersection of the projected lot lines of the corner lot, thence 40 feet along one lot line, thence diagonally to a point 40 feet from the point of beginning on the opposite line.

1. Trees shall consist of nursery stock and be no less than the following sizes:

a. Deciduous trees - no less than 2.5 inches in diameter;

b. Coniferous trees - no less than 6 feet high.

2. Trees can include those species shown on the following table:

a. Deciduous trees:

Maple	Oak
Linden (Basswood)	Birch
Honey Locust	Gingko (male only)
Hackberry	Kentucky Coffeetree
European Larch

b. Coniferous trees:

Fir	Eastern Hemlock
Green Spruce	Canadian Hemlock
Colorado Blue Spruce	Northern White Cedar
Black Hills Spruce	Cedar
Austrian Pine	Tamarack
White Pine

c. Other species of trees may be approved by the Building Inspector or Zoning Administrator. Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infection or weak bark, are prohibited.

(3) Wooded areas. Wooded lots may be exempt from the provisions of this section, provided that existing tree cover fulfills the aforementioned requirements for front yard trees.

(4) Custom graded lots.

(a) On a lot with at least one significant tree, the builder shall prepare an individual lot tree preservation plan (TPP) on the site survey which is consistent with the original TPP for the plat.

(b) The individual lot TPP shall be certified by a forester or landscape architect, signed by the homeowner and submitted to the city for approval with the building permit.

(5) Mass graded lots. On a lot with at least 1 significant tree to be saved, the builder shall follow the original TPP for the plat.

(6) Tree replacement requirements. If significant trees are destroyed or damaged, the builder shall replace the significant trees which were to be saved under the TPP, but which were ultimately destroyed or damaged. The subdivider and builder shall be required to replace each of the significant trees destroyed or damaged with 2 replacement trees. If tree replacement is required on the individual lot because the builder destroyed or damaged a tree, which was to be saved, the applicant’s forester or landscape architect shall determine the location of installation of the replacement trees.

(7) Escrow release. Prior to the release of the cash tree preservation escrow, the applicant’s forester or landscape architect shall certify to the city in writing that all tree protection measures identified on the TPP were installed from the start of construction through the end of construction and that tree replacement has been completed, if necessary. Upon satisfactory completion, the tree preservation cash escrow funds, without interest, less any draw made by the city, shall be returned to the party who deposited the funds with the city.

(8) City may perform work. If tree preservation and installation is not timely completed, the city is hereby granted license to enter the lot, perform the work and apply the tree preservation escrow toward the cost.

(1) Landscaping rocks, black dirt, soil, and other landscaping material shall not be temporary or permanent dumped on city streets or drainage easement, and such action constitutes a violation of the code. The prohibition under this subsection is due to safety concerns for drivers and the resulting problems of interruption of storm water flow, increased erosion and flooding.

(2) Installing shrubs within a street right-of-way is not permitted. Installing flowers and rock gardens in the street right-of-way is prohibited. Trees must be pruned so as not to obstruct visibility within the street right-of way.

(3) If shrubs are not installed in the proper location, the city shall require the owner to move them. If the landscaping is not moved within 30 days of written notice by the city to the owner, the city may enter the lot, perform the work and apply the landscaping escrow toward the cost.

(D) Silt fences and erosion control.

(1) Properties in violation of this section shall be notified in writing with a notice of violation. The notice shall describe the actions to be performed in order for the property to be in conformance. The items in the notice must to be remedied within 48 hours of the date on the notice or a stop work order shall be issued and mitigative action may be taken by the city. All costs incurred by the city shall be deducted from the property’s erosion control escrow, including a fee for each necessary reinspection of the property in an amount set forth in the current city fee schedule.

(2) The City Zoning Administrator and/or the City Engineer will enforce this provision. The procedures are as follows:

(a) Builder shall install building construction stakes as needed;

(b) Builder shall install all necessary erosion control measures, including, but not limited to, full perimeter silt fence and a rock construction entrance which covers and protects existing concrete and bituminous curb;

(d) Upon completion of the above items, the basement excavator may commence excavation and shall refrain from driving on any unprotected curb and gutter or sidewalk;

(e) In the event the silt fence is damaged during house construction, the fence shall be repaired immediately as directed by the City Zoning Inspector. If the fence is not repaired, the Building Official shall immediately issue a stop construction order which shall be effective until the silt fence is repaired.

(f) Builder shall grade the lot immediately prior to closing. If the new homeowner installs the sod and seed, the entire silt fence shall remain in place after the time of closing. If the new homeowner does not install the sod and seed, the entire silt fence shall remain in place to protect the seeded and sodded areas, as long as needed, at the time of closing.

(g) The new homeowner or builder shall remove the silt fence after turf has been established.

(h) If erosion occurs, the property owner is responsible for all clean up costs and property damage.

(i) Within 10 days of the closing on the sale of the property, the Builder shall give written notice to the City Zoning Administrator and/or City Clerk of the change of ownership. Responsibility for clean up costs and damage to property due to erosion shall then become the responsibility of the new owner. The notice shall include the new owner’s name, mailing address and phone number.

(j) Prior to commencement of construction, the builder or homeowner shall install the city required erosion control measures. The following is required for all home sites:

1. Silt fence shall be properly installed and maintained along the back of the curb, or sidewalk if applicable, and along the entire length of the lot. The silt fence shall continue around the full perimeter of the lot;

2. A rock construction entrance shall be installed and maintained;

3. Streets must be cleaned as needed at the end of each workday.

(k) A drawing of the minimum erosion control measures required for every home site shall be obtained by the builder or owner from the city.

(l) The erosion control measures listed above are the minimum city requirements. Certain home sites may require additional erosion control measures as directed by the City Engineer or Zoning Administrator.

(E) Escrows and financial guarantee.

(1) Landscape escrow and financial guarantee. The cash landscape escrow and financial guarantee shall be in an amount as determined by the City Council.

(2) Tree escrow. The cash tree preservation escrow shall be as set forth in the current city fee schedule for each lot with at least 1 existing significant tree.

(F) Sump pump. Discharging water from sump pumps into the street shall not be permitted, because such practice may cause unsafe driving conditions during winter freeze and thaw cycle. Discharge to the underground storm sewer or backyard is allowed.

(G) Sidewalk and curb and gutter protection. The builder shall protect sidewalks, as well as curb and gutter, from construction vehicles by placing a minimum of 6 inches of Class 5 gravel or crushed concrete on top of the sidewalk and curb and gutter before any vehicles shall cross. Sidewalks, or curb and gutter, which are cracked or other damage during construction shall be replaced with new sidewalk or curb and gutter prior to the release of the landscape escrow.

(H) Fence for construction debris. Prior to commencing any earth disturbing activity, the building contractor shall furnish and install a 3 foot high chicken wire fence with 7 foot long metal stakes to hold up the fence. A similar fence shall be furnished and installed by the building contractor with a minimum size of 10 feet by 10 feet for holding construction debris. The purpose of this requirement is to minimize construction debris being blown onto another property. Furnishing and installing a dumpster shall be allowed in lieu of a chicken wire fence, providing that the dumpster shall not be located on a sidewalk, and further providing that the truck servicing the dumpster shall drive only across sidewalks that are protected by gravel or crushed concrete.

(Ord. 2002-7-1, passed 7-9-2002; Am. Ord. 2013-1-4, passed 1-8-2013; Am. Ord. 2016-11-5, passed 11-9-2016; Am. Ord. 2024-10-2, passed 10-8-2024)

§ 153.087 BIOFUEL BURNERS.

(A) Purpose. It is recognized and found that wood smoke and smoke generated by other outdoor solid fuel (biofuel) heating devices is hazardous to an individual's health and may affect the health of the general public when they are involuntarily exposed to the presence of smoke, and that breathing smoke is a significant health hazard particularly to children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory functions. It is also recognized that biofuel burners are designed and intended to be a primary heat source, and therefore burn and emit smoke on a continual basis. Furthermore, significant fire safety risks are involved with units that are not properly installed, or do not have proper safety equipment such as spark arrestors; or are installed in close proximity to other buildings. The purpose of this section is to protect the public health, safety, comfort and general welfare of citizens against the hazards posed by biofuel burners.

(B) Definitions.

BIOFUEL BURNER. A device, structure, or apparatus that supplies direct or indirect heat to a building from the burning of solid fuel, including but not limited to, wood, corn, biomass pellets and other solid biofuels. Traditional woodburning stoves and fireplaces are excepted from this section.

STACK or CHIMNEY. Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a biofuel burner.

(D) Preexisting outdoor biofuel burners.

(1) All legally existing biofuel burners installed within city limits at the time of adoption of this section are required to meet emission standards currently required by the United States Environmental Protection Agency (USEPA), which are hereby adopted by reference, together with any amendments or modifications made to them in the future.

(2) Preexisting outdoor biofuel burners shall also be subject to the use regulations set forth in divisions (B), (F) and (G) herein. No preexisting biofuel burners shall hereafter be extended, enlarged, or expanded. At such time as the useful life of a nonconforming wood-burning unit or solid fuel-fired heating device has elapsed, or would need to be repaired to function properly, the unit cannot be replaced and must be abandoned, not used, and removed from the property immediately.

(E) Permit required. The city requires any person to obtain a building permit for any biofuel burner to be installed within a building after the date this section becomes effective.

(F) Registration. All existing burner shall be registered with the city within 60 days of the date of this section using a form approved by the city.

(G) Use regulations. All permitted biofuel burners shall be subject to the following use regulations:

(1) Stacks.

(a) The minimum stack height for any biofuel burner shall meet or exceed the manufacturer’s guidelines.

(b) Any existing, noncomplying stack shall be removed, replaced, or modified within a period of 60 days from the receipt of a notice generated from the Building Official.

(c) All stacks or chimneys must be constructed to withstand high winds or other related elements and according to the specifications of the manufacturer of the biofuel burner.

(2) Use period. Biofuel burners may only be used each year from September 1 to May 31, unless the furnace is being used to provide domestic water service.

(3) Allowed fuels. Only the following materials may be burned in the biofuel burner: biomass pellets, corn, firewood, and clean, untreated lumber or other wood product prepared or cut to length appropriate for burning.

(4) Waste incineration prohibited. No biofuel burners shall be utilized in any manner as a waste incinerator, nor shall diseased wood be used.

(5) Smoke and fumes. Any dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities, or any use of biofuel burner to burn solid fuels other than those solid fuels for which the biofuel burner was designed, is declared a public nuisance.

(6) Fuel storage. Outdoor fuel storage is limited to two cords of wood, which is the amount of wood that can be stacked to 4 feet high by 4 feet wide by 8 feet long. Other fuel sources are similarly limited to a volume not to exceed 4 feet high by 4 feet wide by 8 feet long. Any structures constructed to contain or store fuel for biofuel burners must be constructed in accordance with the applicable zoning regulations.

(Ord. 2013-6-1, passed 6-11-2013; Am. Ord. 2024-10-2, passed 10-8-2024)