City Council Ordinance 830ORDINANCE NO. 830
AN ORDINANCE AMENDING THE MONTICELLO CITY CODE XV,
CHAPTER 153.012, DEFINITIONS, AND SECTION 153.091
RELATED TO REQUIREMENTS REGULATING THE
EXTRACTION OF NON-METALLIC MINERALS AND
TEMPORARY CONTRACTOR'S OPERATIONS
THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS:
SECTION 1. § 153.012 DEFINITIONS is hereby amended to add the following:
EXCAVATION. The process of reshaping land at a construction site. This can include raising or
lowering ground levels, adding or removing slopes or leveling the ground surface. In general, it
has two main purposes: Creating proper drainage. Preparing land to bear weight. Excavation
may remove soil or other materials from a site, but is distinguished from "Extraction" in that
Excavation is specifically related to a construction project. Also "Grading".
SECTION 2. § 153.012 DEFINITIONS is hereby amended to delete the following:
SECTION 3. § 153.012 DEFINITIONS is hereby amended to read as follows:
EXTRACTIVE USE. The use of land for surface or subsurface removal of materials for use off -
site, including but not limited to sand, gravel, rock, other nonmetallic
minerals, and peat not regulated under M.S. §§ 93.44 to 93.51, and as regulated by this
Chapter, as they may be amended from time to time. Also "Mining".
CONTRACTORS YARD — TEMPORARY. A location on which a construction contractor operating
with a current permit for construction of public utilities, infrastructure, or other project on
public property, rights -of -way, or public easements, stores equipment, temporary office space,
vehicles, and materials for no more than a two-year period.
SECTION 4. § 153.090 — Use Table is amended to read as follows:
ExtF et*eR „f miReFals Extractive use
SECTION 5. § 153.091 (F)(5) is hereby deleted in its entirety.
SECTION 6. § 153.091 (F)(5) is hereby amended to read as follows:
(5) Extractive Uses.
(a) All regulations in this chapter shall be met.
(b) Plans shall be provided to illustrate how the land will be left in a useable condition
upon cessation of extraction activities, shall prove that the finished grade will not adverselv
affect the surrounding land or future development of the site on which the mining is being
conducted, and the route of trucks moving to and from the site.
(c) The interim use permit authorizing the extraction of materials shall regulate:
1. The tvpe(s) of material being mined on the site;
2. A program for rodent control;
3. A plan for fire control and general maintenance of the site;
4. Controls for vehicular ingress and egress, and for control of material disbursed from
wind or hauling of material to or from the sitei
5. A calendar of specific dates when mining operations will be conducted, including
specific beginning and ending dates, but not for a period exceeding five (5) years from
beginning to end of permit; and
6. The submission of a surety by the applicant in an amount determined by the
Communitv Development Department to be equal to 100% of the value of the cost of restoring
land whereupon mining is to occur and repairing the degradation of roadways used to transport
soils.
(d) On -site sales may be allowed as part of the interim use permit subject to all
conditions established by the Citv Council to ensure the health, safety, and welfare of those
visiting the site and of surrounding property owners.
(e) For extraction of materials under this section within the Pointes at Cedar zoning
district, no such permit shall be issued except where:
1. The city has an interest in the subject property ownership;
2. The city is conducting the extraction under a contract with the fee title owner or
representative; or
3. The citv approves such a permit for another government agencv and/or its contractor
for a public project.
(f) In the Pointes at Cedar (PCD) or A-0 Districts, and at the citv's sole discretion, the IUP
under this section may include screening, concrete mixing, asphalt plant operation, or other
activities utilizing the raw materials being extracted from the site, provided the city finds that
no adverse impact on adjoining property use will occur, including, but not limited to, noise,
odors, dust, or other particulate matter.
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(g) For the purposes of this section, mining or excavation shall mean solelv the removal of
minerals, including sand, stone, clay, gravel, or soil in quantities of more than 100 cubic yards,
and hauling of said materials from the site. For quantities of less than 100 cubic yards, or for
projects that extract and relocate the materials on the same project site regardless of quantitv,
administrative grading permits may be issued without need for an IUP.
(h) For extraction operations which will last only one season, such as for public road
construction projects, the Citv Council may issue a temporary extraction permit. Such permit
may include the placement of a bituminous hot mix plant and other accessory equipment. Said
permits shall only apply if the extraction site is to be opened, closed and reclaimed within one
year. The Zoning Administrator may waive some of the information required by division (CJ
below in the case of a temporary extraction permit. A temporary extraction permit shall be
administered as an interim use permit.
(i) For extraction operations issued an Interim Use Permit under this section, the City may, at
its sole discretion, approve the import of recyclable concrete or asphalt materials for the
purpose of crushing and re -use of those materials off -site. No crushing, washing, refining„
processing, or other recycling machinery shall be operated within 500 feet of any residential
property boundary, nor shall such machinery be operated for more than two (2) weeks in anv
calendar year. Any such crushing or similar activity shall be operational only during the hours of
8:00 a.m. and 6:00 p.m., Monday through Friday.
(i) Anv extraction IUP issued under this Section (5) shall include, as a component of the IUP, a
mandatory Land Reclamation permit, as regulated under Section 153.091(F) (10) of this Section.
(k) Information required. The following information shall be provided by the person requesting
the permit:
1 Name and address of person requesting the extraction permit;
2 The exact legal property description and acreage of area to be mined;
3 The following maps of the entire site and to include all areas within 100 feet
of the site.
(a) Map A, existing conditions to include:
(1) Contour lines at five two -foot intervals:
(2) Existing vegetation;
(3) Existing drainage and permanent water areas;
(4) Existing structures; and
(5) Existing wells.
(b) Map B, proposed operations to include:
(1) Structures to be erected:
(2) Location of sites to be mined showing depth of proposed excavation;
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(3) Location of tailings deposits showing maximum height of deposits;
(4) Location of machinery to be used in the extraction operation;
(5) Location of storage of mined materials, showing height of storage
deposits;
(6)Location of vehicle parking, truck staging, queueing, or stacking area, access roads and local
truck routes;
(7) Location of storage of explosives, equipment, and other equipment materials;
(8) Erosion and sediment control structures; -
(9) Screening, berms, and proposed plantings, and
(10) Location of leak containment structures, in the event of a petrochemical leak or spill.
(c) Map C, reclamation plan to include:
(1) All of the information required in Land Reclamation, Section 153.091
F (10).
(1) Financial Guarantee
The Citv shall require a cash escrow, or irrevocable letter of credit in a form and from a financial
institution acceptable to the City, to guarantee compliance with this Ordinance and terms and
specifications of the interim use permit. The City shall have the right to use the financial
guarantee to remove stockpiles, complete site rehabilitation, and correct other deficiencies or
problems, in the event the owner or operator is in default of the permit obligations. The
amount of financial guarantee shall be equal to five thousand ($5,000) dollars for every
permitted acre or any other amount deemed acceptable by the City Council. The financial
guarantee may be adjusted periodically to reflect ongoing progress, at the discretion of the
Zoning Administrator, and shall remain in full force and effect until all conditions of the permit
have been met, including site restoration.
(m) Exceptions — An extraction permit shall not be required for any of the following:
1 Excavation for a foundation, basement, or other building activity, if such work has been
properly permitted.
2 Excavation by city authorities or their contractors in connection with construction and
maintenance of roads, highways, bridges, stormwater management projects, parks or utilities
within the city limits of the City of Monticello, conducted solely within the related easement
areas or rights-of-way.
3 Grading and removal of materials in accordance with the development of an approved plat or
development, if the activity was reviewed as part of the approval process.
SECTION 7. § 153.091 (F)(4) is hereby deleted in its entirety.
SECTION 8. § 153.091 (F)(4) is hereby amended to read as follows:
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(4) Temporary Contractor's Yards.
(a) Temporary contractor's yards shall be allowed only by interim use permit, subiect to
the standards of § 153.028(E).
(b) Temporary contractor's yards shall be accommodated only in association with the
construction of public infrastructure proiects on public property, rights-of-wav, or public
easements.
(c) Temporary contractor's vards shall be located only on property directly abutting a
county, state or federal highway, and shall minimize use of local streets. No local streets may be
used by Temporary Contractor equipment, with the exception of streets or utilities currently
under construction or reconstruction for that purpose, or which are deemed necessary for such
use by the Citv Engineer to provide access to a permitted construction site.
(d) Such yards shall provide haul routes for approval by the City Engineer.
(e) Such vards shall provide adequate securities, as determined by the Citv Council, for
the restoration of any municipal infrastructure damaged due to the operation of the yard.
(f) Such vards shall provide, as a condition of their permit, for adequate stormwater
management, dust control, traffic control, and other requirements of the City Engineer.
(P-) Interim use permits for temporary contractor's yards shall include a restoration plan
ensuring the restoration of the property to a condition meeting the zoning and nuisance
standards of the citv.
SECTION 9. § 153.091 (F)(10) is hereby deleted in its entirety.
SECTION 10. § 153.091 (F)(10) is hereby amended to read as follows:
(10) Land reclamation. The interim use permit authorizing land reclamation shall require:
(a) A finished grade plan which will not adversely affect the adjacent land;
(b) The type of fill permitted;
(c) A program for rodent control;
(d) A plan for fire control and general maintenance of the site;
(e) Controls for vehicular ingress and egress, and for control of material disbursed from
wind or hauling of material to or from the site;
(f) A soil erosion and sediment control plan;
(g) A calendar of specific dates when land reclamation operations will be conducted,
including specific beginning and ending dates; and
(h) The submission of a suretv by the applicant in an amount determined by the
Communitv Development Department to be equal to 100% of the value of the cost of restoring
land whereupon land reclamation is to occur and repairing the degradation of roadways used
to transport soils.
(i) Unless otherwise required by the City Council, a minimum of four (4) inches of clean;,
uncontaminated topsoil shall be placed on all final graded and rehabilitated areas.
The peaks and depressions of the area shall be graded and backfilled to a surface
which will result in a gently rolling topography in substantial conformity to the land
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area immediately surrounding area, and which will minimize erosion due to rainfall.
No finished slope shall exceed 25% in grade.
SECTION 11. The City Clerk is hereby directed to make the changes required by this
Ordinance as part of the Official Monticello City Code, Title XV, Chapter
153, Zoning Ordinance, and to renumber the tables, chapters and
sections accordingly as necessary to provide the intended effect of this
Ordinance. The City Clerk is further directed to make necessary
corrections to any internal citations that result from said renumbering
process, provided that such changes retain the purpose and intent of the
Zoning Ordinance as has been adopted.
SECTION 12. This Ordinance shall take effect and be in full force from and after its
passage and publication. The ordinance in its entirety and map shall be
posted on the City website after publication. Copies of the complete
Ordinance and map are available online and at Monticello City Hall.
Adopted by the City Council of Monticello this 22nd day of July, 2024.
Lloyd Hilgar Mayor
ATTEST:
g
M�>V 1
J 'nnifer Schi 0
r, Cit Clerk
AYES: Gabler, Hilgart, Hinz, Martie, and Murdoff
NAYS: None
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