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City Council Ordinance 322ORDINANCE AMENDMENT NO. 322 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE ADDING SECTION 3-6A AND AMENDING SECTIONS 3-7 AND 3-8 OF THE MONTICELLO ZONING ORDINANCE BY ESTABLISHING REGULATIONS FOR LAND RECLAMATION AND MINING. THE CITY OF MONTICELLO DOES ORDAIN: Title 10, Chapter 3, Section 3-6A, is hereby added to read as follows: 3-6A: GRADING: Under this ordinance, grading is the leveling, smoothing or moving of soils on-site upon a single parcel of land or within an approved subdivision being developed subject to the terms of an approved development agreement between the developer and the City. Grading shall not include the import or export of soils to or from such a parcel of land or approved subdivision development, and shall not include movement of soil exceeding four hundred (400) cubic yards (see land reclamation and mining below). Grading shall be allowed only by the issuance of a grading permit by the City Engineer and City Building Official in all districts. Prior to issuing a grading permit the City Engineer and City Building Official may require the submission of a surety by the applicant in an amount determined by the City Engineer to be equal to 100% of the value of the cost of restoring land whereupon grading is to occurred. Upon application for a grading permit, a permit fee shall be paid to the City by the applicant. The fee for a grading permit shall be as determined by City Council resolution. Title 10, Chapter 3, Sections 3-7 and 3-8, are hereby amended to read as follows: )-7: LAND RECLAMATION: Under this ordinance, land reclamation is the reclaiming of land by the importation, depositing or grading of soils in excess of 400 cubic yards so as to elevate the grade. Land reclamation shall be allowed only under the terms of a development agreement for subdivision or by the issuance of conditional use permit in all districts. The permit shall include as a conditions thereof: 1. a finished grade plan which will not adversely affect the adjacent land, 2. shall regulate the type of fill permitted, 3. a program for rodent control, Ordinance Amendment No. 322 Page 2 4. a plan for fire control and general maintenance of the site, 5. controls for vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site, 6. a calendar of specific dates when land reclamation operations will be conducted, including specific beginning and ending dates, and. 7. the submission of a surety by the applicant in an amount determined by the City Engineer to be equal to 100% of the value of the cost of restoring land whereupon land reclamation is to occurred and repairing the degradation of roadways used to transport soils. Subject to the terms of an approved subdivision development agreement or conditional use permit, a grading permit allowing land reclamation shall be issued by the City Engineer and City Building Official. Upon application for a grading permit for land reclamation, a fee for grading permit shall be paid to the City by the applicant. Such fee shall be determined by City Council resolution. 3-8: MINING: Under this ordinance, mining is the extraction of sand, gravel, or other material from the land in the amount of four hundred (400) cubic yards or more and removal thereof from the site without processing. Mining shall be allowed only under the terms of a development agreement for subdivision or by the issuance of a conditional use permit in all districts. Such permit shall include as a condition thereof: 1. a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, and route of trucks moving to and from the site. 2. shall regulate the type of material mined from the site, 3. a program for rodent control, 4. a plan for fire control and general maintenance of the site, 5. controls for vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site, 6. a calendar of specific dates when mining operations will be conducted, including specific beginning and ending dates, and Ordinance Amendment No. 322 Page 3 7. the submission of a surety by the applicant in an amount determined by the City Engineer to be equal to 100% of the value of the cost of restoring land whereupon mining is to occurred and repairing the degradation of roadways used to transport soils. Subject to the terms of an approved subdivision development agreement or, conditional use permit, a grading permit allowing mining shall be issued by the City Engineer and City Building Official. Upon application for a grading permit for mining, a fee for grading permit shall be paid to the City by the applicant. Such fee shall be determined by City Council resolution. This Ordinance shall become effective immediately upon its passage and publication according to law. ADOPTED by the Monticello City Council this 12th day of April, 1999. 5 Mayor ATTEST: City Administrat r Published in the Monticello Times on 4/22/99.