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<br />Pequot Lakes Staff Report 7(b) - 1 <br />August 20, 2015 <br /> <br /> <br />OLD BUSINESS - Extractive Use Ordinance Discussion <br /> <br />Agenda Item: 7 (b) <br /> <br />Background Information: At the April, 2015 Planning Commission meeting <br />Staff provided the following suggested language for discussion purposes. At that <br />meeting Staff was asked to look into funding mechanisms for repair and <br />maintenance for haul roads. It appears there are counties that collect a gravel <br />tax, but municipalities generally don’t have authority to unilaterally impose and <br />collect road impact fees. <br /> <br />Section 17-8.5 EXTRACTIVE USES AND RESOTRATION <br /> <br />1. In all districts where permitted, as defined in 17-6.4 Extractive Use <br />Overlay District, mining shall be permitted only by CUP. Such permit shall <br />include as a condition: a site plan, a completion plan and a haul route plan with <br />provision for road restoration as provided below. An approved extractive use CUP <br />shall be used solely for the operations detailed in the permit. <br /> <br />2. All excavation and extraction shall conform to the following: <br /> <br /> A. Distance from property lines. No quarrying operation shall be <br />carried on or any stock pile placed closer than 50 feet from any <br />property line, unless a greater distance is specified by the CUP <br />where such is deemed necessary for the protection of adjacent <br />property. This distance requirement may be reduced to 25 feet only <br />with written consent of the owners of the affected adjacent non- <br />residence property. Proof of said agreement shall be submitted as a <br />part of the application and maintained in City files for all approved <br />CUPs for extractive uses. Without such agreement, the buffer area <br />may be used only under the following circumstances: <br /> <br />(1) The buffer area may contain the haul road if the City <br />determines that, for safety purposes, the access to the use is <br />best served in that area. <br /> <br />(2) The haul road may be located in the buffer area to avoid <br />wetlands or other sensitive environmental resources. <br /> <br />(3) If authorized in an approved reclamation plan, one half of <br />the buffer area may be used for the storage of topsoil and <br />for final sloping. All topsoil storage areas shall be seeded to <br />prevent erosion and dust. Berms, including those consisting <br />of topsoil to be used for reclamation, may be placed in the <br />buffer area, but they shall be seeded and mulched in a