10-15-2018 Planning Commission Packet

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injury or damage to persons or property.A permit issued pursuant to this article does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation. (Ord. No. 128, § 1,5-14-90) Sec.7-40.-Fees. A schedule of fees shall be determined by resolution of the city council,which may,from time to time,change such schedule. Prior to the issuance or renewal of any permit,such fees shall be paid to the city and deposited in the general fund. (Ord. No. 128, § 1,5-14-90) Sec.7-41.-Agreement;irrevocable letter of credit. Prior to the issuance of an earth work permit,there shall be executed by the operator and landowner and submitted to the city an agreement to construct such required improvements and to comply with such conditions of approval as may have been established by the city council.The agreement shall run with the land and be recorded against the title to the property. The agreement shall be accompanied by a letter of credit acceptable to the city in the amount of the costs of complying with the agreement as determined by the city council.The adequacy of the letter of credit shall be reviewed annually by the city. The city engineer may direct the amount of the letter of credit be increased to reflect inflation or changed conditions.The city may draw against the letter of credit for noncompliance with the agreement and shall use the proceeds to cure any default. (Ord. No. 128,§ 1, 5-14-90) Sec.7-42.-Setbacks. Mining for the purpose of selling sand,gravel, black dirt,clay,and other minerals shall not be conducted within: (1) 100 feet of an existing street or highway. (2) 30 feet of an easement for an existing public utility. (3) 300 feet of the boundary of an adjoining property not in mining use except that aggregate processing that creates objectionable noise and dust, including,but not limited to,crushing, must be set back 1,500 feet from the boundary of adjoining property not in mining use. (Ord. No. 128, § 1,5-14-90) Sec.7-43.-Fencing. During operations permitted under this article,any area where excavation slopes are steeper than one foot vertical to one and one-half feet horizontal shall be fenced, unless the city determines that they do not pose a safety hazard.Water storage basins shall also be fenced if the city determines the basins pose a potential safety hazard. Unless otherwise approved by the city, required fencing shall be a minimum six-foot-high chain link fence meeting Minnesota Department of Transportation standards for right-of-way fencing.An initial fencing plan must be approved by the city council.The city engineer may subsequently authorize changes in the plan to accommodate changing conditions. (Ord. No. 128,§ 1,5-14-90) Sec.7-44.-Appearance and screening.