In granting a permit, the Eureka Town Board shall consider the
advice and recommendations of the Planning Commission and the effect
of the proposed use upon the health, safety and general welfare of
occupants and owners of surrounding lands. Among other things, the
following standards shall be considered:
A. The use must not create an excessive burden on existing parks, schools,
streets and other public facilities and utilities that serve or are
proposed to serve the area.
B. The use must be sufficiently compatible or separated by distance
or screening from adjacent agricultural or residentially zoned or
used land so that existing homes will not be depreciated in value
and there will be no deterrence to development of vacant land.
C. The structure and site must have an appearance that will not unreasonably
create an adverse effect upon adjacent residential properties.
D. The use must be reasonably related to existing land use.
E. The use must be consistent with the purposes of Chapter
240, Zoning, and the purposes of the zoning district in which the applicant intends to locate the proposed use.
F. The use must be in conformance with the Eureka Township Comprehensive
Plan.
G. The use must not cause traffic hazards or congestion.
H. Existing land uses nearby must not be adversely affected unreasonably
by intrusion of noise, glare, dust or general unsightliness.
I. The use must not cause significant adverse impact to surface water
or groundwater resources.
J. Dewatering to obtain materials intersecting the groundwater shall
not be allowed. The use of equipment such as draglines, track hoes
and backhoes to obtain materials intersecting groundwater shall be
allowed.
K. Depth of excavation. Excavation and extraction shall not occur beyond the depth set by the Board in the permit. In setting the depth of excavation, the Town Board shall consider the standards stated herein (Article
II, §
165-5), as well as recommendations from Dakota County, the Soil and Water Conservation District and the independent engineering firm selected by the Town Board under Article
IV, §
165-11E. In addition, the Town Board will consider whether the application is a renewal of an expired permit where the depth was consistent with a previously approved permit.
Mineral extraction as specified in this chapter shall be allowed in all agricultural-zoned districts, as identified in the Eureka Comprehensive Plan and in Chapter
240, Zoning.
A mineral extraction permit shall not be required for any of
the following:
A. Excavation for a foundation, cellar or basement of a structure or
for residential landscaping if a building permit has been issued.
B. Excavation conducted directly by state, county, city, or Township
authorities in connection with construction or maintenance of roads,
highways, or utilities, conducted solely within permanent easement
areas or rights-of-way.
C. Curb cuts, utility hookups or street openings for which another permit
has been issued by the Township.
D. Excavation or removal of less than 400 cubic yards of material per
year for use on the owner's property.
E. Excavation or grading for agricultural purposes.