HomeMy Public PortalAbout295CITY OF MEDINA
ORDINANCE NO.295
AN ORDINANCE AMENDING SECTIONS 825.07,
SUBDIVISIONS 31 AND 84 AND SECTIONS 828.17 AND
828.63 OF THE MEDINA CODE OF ORDINANCES
RELATING TO LAND EXCAVATION AND RECLAMATION
The City Council of the City of Medina Ordains as follows:
SECTION I. Subsection 825.07, subdivisions 31 and 84 of the Medina Code of Ordinances are
amended by deleting the stnekea material and adding the highlighted/underlined material as follows:
Subd. 31. Excavation - Excavation means any one of the following:
(a) The removal, breaking or undermining of 300 cubic yards or more of the
natural surface of the earth on a parcel during any 12 month period.
(b) The removal, breaking or undermining of less than 300 cubic yards of the
natural surface of the earth on a parcel during any 12 month period when such activity will
change existing drainage or cause flooding, or will result in less beneficial cover for present or
proposed future development, or will otherwise unreasonably impair the use or development of
any adjacent property for the purposes for which it is zoned.
(c) In the shoreland overlay district, *"means the use of land for surface or
subsurface removal of any quantity of sand, gravel, rock, industrial minerals, or nonmetallic
minerals and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51.
Subd. 84. Reclamation, Land
the -grad . . hieh Depositing 400 300 cubic yards or more of fill afe-depesited-slime
on a parcel during any 12 month period for the purpose of elevating or
changing its grade.
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(a) The zoning administrator may consider a land alteration permit for any project
or activity in which less than 1000 cubic yards of earth or other materials will be excavated or
used for reclamation purposes. The city council may consider a land alteration permit for any
project or activity in which 1000 cubic yards or more of earth or other materials will be
excavated or used for reclamation purposes. If the zoning administrator or city council finds
that the plans submitted with the application do not adequately protect the public health, safety,
or welfare, the zoning administrator or city council shall deny the permit. If the zoning
administrator or city council finds that the plans and other information submitted with the
application are inadequate to determine the effect of the proposed activity on the health, safety,
and welfare of the city's residents, the zoning administrator or city council shall not approve the
permit until the necessary information has been received. The zoning administrator or city
council may condition approval on satisfaction of any conditions deemed necessary, including,
but not limited to:
(i) Receipt of plans to protect the city's residents from vehicular traffic
arising from the project or activity described in the application;
(ii) Receipt of plans to minimize the physical impact on roads and
highways within the city arising from the project or activity described in the application
and assurances that damage to roads and highways will be repaired at no public
expense;
(iii) Receipt of satisfactory evidence that any materials removed from the
site will be transported and disposed of in accordance with all federal, state, and local
laws, rules, and regulations;
(iv) Receipt of satisfactory evidence that any materials deposited on the site
constitute clean fill; and
(v) Receipt of satisfactory evidence, including but not limited to
certification by a registered professional engineer, registered architect, or registered
land surveyor, that the project or activity described in the application will not result in
the violation of any federal, state, or local law, rule, or regulation, or cause a nuisance
to any person, or in any way fail to adequately protect the health, safety, or welfare of
the city's residents.
(b) The zoning administrator or city council may require adequate assurances that
public roads will not be damaged in transporting materials in connection with any excavation or
reclamation activity. In order to accomplish the purposes of this ordinance, the zoning
administrator or city council is authorized to require the posting of a financial guarantee,
designation of haul routes, limitation on the times of hauling or such other conditions, or
restrictions as the zoning administrator or city council may deem reasonably necessary to
accomplish the purposes of this ordinance.
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SECTION II:
The Code of Ordinances of the City of Medina is amended by deleting subsection 828.17 in its
entirety and replacing it
as follows:
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828.17. Land Reclamation and Excavation. Subdivision 1. Purpose. The purpose of this subsection
is to minimize the effects on the environment, roads, and community as a whole of significant work on
and changes to the topography of land within the city while preserving the right of landowners to use
their land in ways which do not pose a risk to the public health, safety, or welfare. It is the intent of the
city that the regulations and standards of this subsection be in addition to other provisions of the
Medina code of ordinances regulating the use of land.
Subd. 2. Permit Required; Exceptions. No person shall undertake any project or activity
resulting or intending to result in excavation or reclamation without applying for and receiving a land
alteration permit from the city. This section shall not apply to agriculture as defined in section 825.07
of the Medina code of ordinances, to any activity for which a building permit is required under the
uniform building code, or to any use regulated by conditional use permit.
Subd. 3. Application for Permit. Application for a permit under this section shall be made to
the zoning administrator on forms furnished for that purpose and shall include the following:
(a) plans for general maintenance of the site during excavation or reclamation;
(b) plans for vehicle ingress and egress to the site during excavation or reclamation;
(c) plans to control erosion and excessive dust conditions during and after excavation or
reclamation:
(d) plans for disposal of the materials removed during excavation;
(e) plans showing the nature, location, dimensions, and elevations of the site, and the
changes to the foregoing which will occur as the result of the excavation or
reclamation;
(f) the fee established by the city council by resolution; and
(g) any additional information required by the zoning administrator.
Subd. 4. Permit Approval. Approval of land alteration permits shall be granted only after the
city receives a fully completed permit application and all information deemed necessary by the zoning
administrator. In addition, approval of land alteration permits shall be subject to the following
conditions:
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SECTION III:
The Code of Ordinances of the City of Medina is amended by deleting subsection 828.63 in its
entirety.
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b) In the shoreland overlay district, a land alteration permit shall be required prior to the
district.
SECTION IV:
This ordinance shall become effective upon its adoption and publication.
Adopted by the City Council of the City of Medina this 3rd day of June, 1997.
John: Ferris, Mayor
ATTEST:
Paul Robinson, Clerk -Treasurer
Published in the Lakeshore Weekly News this 29th day of May, 1997.
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