HomeMy WebLinkAbout6.l. Request by SKB Environmental for Zoning Text Amendments to Waste Definitions and Interim Uses within the Waste Management Zoning District, Case 13-09-TA�C)SEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: March 19, 2013
AGENDA ITEM: Case 13- 09 -TA; Request by SKB
Environmental for Zoning Text
AGENDA SECTION:
Amendments to Waste Definitions and
Consent
Interim Uses within the Waste Management
Zoning District
PREPARED BY: Eric Zweber, Senior Planner
AG NDA NO.
,I
ATTACHMENTS: Ordinance, SKB Landfill Base Grades
APPROVED BY:
Exhibit; Rosemount Zoning Code
Definitions; Dakota County Solid Waste
Ordinance Definitions; Dakota County
Letter dated November 15 regarding Limits
to Contaminated Soils in the C &D Cell;
Excerpt of the Draft February 26 Planning
Commission Minutes.
RECOMMENDED ACTION: Motion to adopt Ordinance B -226 an Ordinance relating
to Waste Management Definitions and Interim Uses; Amending Rosemount City Code
Sections 11 -1-4 and 11 -4 -17.
Motion to acknowledge that Ordinance B -226 applies to the SKB Interim Use Permit
approved by Resolution 2008 -85 on October 7, 2008.
SUMMARY
SKB Environmental has requested that Dakota County allow some industrial waste to be deposited in
their construction and demolition (C &D) cell and because the City regulates their landfill SKB is also
asking the City for approval. The Minnesota Pollution Control Agency (PCA) allows up to 50% of
the material in a C &D landfill to be industrial waste. Dakota County staff also supports allowing 50%
of industrial waste to be disposed in a C &D landfill cell, so long at the industrial waste is only 25% of
the soil reference value (SRV).The SRV is the value by which the material is considered hazardous.
Rosemount staff also is supporting the Dakota County staff's recommendation, again, so long as the
contaminated soils are no higher than 25% of the hazardous waste level (SRV) within the C &D cell.
At the present time, the Rosemount Zoning Ordinance does not allow for material other than C &D
waste to be disposed of in the C &D cell. SKB has requested an amendment to the Rosemount Zoning
Ordinance to amend the definition of Construction Demolition Waste Facility to state that the Facility
could take both C &D waste and industrial waste, consistent with the regulations of Dakota County.
To ensure that the SKB landfill can operate as permitted by Dakota County, staff requested that SKB
evaluate the other waste management definitions and uses and proposed amendments that would be
compatible with the Dakota County Solid Waste Management Ordinance, and consistent with the
intent of the City approvals. As a result of that review, SKB has proposed to amend three existing
definitions, add eight definitions, and add two uses to the zoning district.
PLANNING COMMISSION MEETING FEBRUARY 26, 2013
On February 26, 2013, the Planning Commission reviewed the Text Amendment proposed by SKB.
The Planning Commission discussed the various cells constructed at the landfill, what wastes are
accepted in which cells, and what happens if waste arrives at the site that is not allowed to be disposed
of at the landfill. John Domke of SKB addressed many of the Planning Commissioner's questions
and concerns. The Planning Commission also discussed how the proposed definitions compare to the
Dakota County and Minnesota Pollution Control Agency regulations and definitions. Staff indicated
that the proposed definitions are identical to either the Dakota County or the Pollution Control
Agency definitions, and in most cases both. No residents spoke during the public hearing. The
Planning Commission unanimously recommended approval of the Text Amendment to the Waste
Management Definitions and Interim Uses for SKB.
SKB HOST AGREEMENT AND COUNCILMEMBER WEISENSEL'S QUESTIONS
Prior to the Planning Commission meeting, Councilmember Weisensel e- mailed staff asking if the City
would receive more host fees if we accepted more "hazardous waste" and whether there is a financial
incentive to having the same position as Dakota County. Staff's response to Councilmember
Weisensel's e-mail was as follows:
• No "hazardous waste" will be accepted at the SKB landfill. The SKB request is to allow
industrial waste to be disposed of within the C &D cell. The County's concern is that not all
types of industrial waste would be acceptable. The MCPA would allow industrial wastes that
contain contaminants up to 99% of the hazardous waste threshold to be disposed of in the
C &D cell, while the County would allow only industrial waste that is no greater than 25% of
the hazardous waste threshold.
• The County has their own host agreement that is separate and different from our host
agreement. Their agreement has a number of differences, including the County's
encouragement of recycling and reuse without charge, but generally the County's host
agreement charges more in the industrial cell and less in the C &D cell than the City does.
SKB's request to the County is to take advantage of the lower C &D rate in the County's host
agreement.
• The City's host agreement charges industrial rate on a floating rate based on what SKB charges
the waste generator. The City's host agreement charges C &D at a flat rate. Looking at 2011
and 2012, the City received an average of $1.27 per ton of industrial waste and $1.23 per ton of
C &D. Two notes to consider when reviewing those rates: first, the industrial average included
seven months of accepting the 3M waste which had a higher rate than other industrial wastes.
Second, since the waste being requested to be deposited in the C &D cell is on the lower level
of contamination for industrial waste, we would expect that SKB would charge the waste
generator less. While staff can't guarantee the income is roughly the same regardless of which
cell the material would be deposited, review of recent data and discussions with the operator
indicate there any income impact would be negligible.
BACKGROUND
SKB Environmental operates a multiple cell landfill in Rosemount. The landfill is permitted for six
different cells. Cells 1, 2, 3, and 6 are designed for industrial waste. Cell 4 is designed for MSW
incinerator ash. Cell 5 is designed for C &D waste. The PCA rules allow up to 50% of the waste
disposed into Cell 5 to be industrial waste. SKB has requested that Dakota County allow industrial
waste to be disposed of within Cell 5. Dakota County staff has reviewed the request and has
recommended that waste no greater than 25% of the hazardous waste level of the material be disposed
of within Cell 5. Dakota County is comfortable with the 50% limitation recommended by the PCA.
K
The Dakota County letter is attached to this Executive Summary. The City's definition of a
Construction Demolition Waste Facility states that only construction debris be disposed of within Cell
5.
The landfill that SKB owns and operates was first permitted and constructed in 1992 for the Union
Pacific Railroad (USPCI). In 2003, SKB requested a five year Interim Use Permit (IUP) which include
a C &D cell (Cell 5). There was no C &D cell before 2003. The 2003 IUP permit request stated that
only C &D waste would be disposed of within Cell 5. In 2008, SKB requested another 5 year IUP
permit. Within the 2008 permit request, SKB requested that C &D and industrial waste be disposed of
within Cell 5. The 2008 IUP approval stated that all operations at the landfill must comply with the
Rosemount Zoning Ordinance which means that the existing Construction Demolition Waste Facility
definition prohibits industrial waste from being disposed of within Cell 5.
There have been only two amendments to the waste management sections of the Ordinance within
the last 10 years. In 2003, the conditions allowing a Construction Demolition Waste Facility were
amended to permit the construction of Cell 5, the C &D cell within the SKB landfill. In 2012,
composting was added as an interim use permit within the WM Waste Management zoning district.
No text amendments were applied for with the 2008 IUP request. When SKB discussed the
amendment necessary to dispose of industrial waste within the C &D cell, staff requested that SKB
submit for all the text amendments that would clarify the approvals embodied in the 2008 IUP.
Additionally, the State and County have modified their regulations over time, and staff is interested in
bringing the local ordinance into compliance, when desirable, with their regulations and definitions. As
a result, SKB has proposed to amend three existing definitions, add eight definitions, and add two uses
to the zoning district.
Waste Definitions Amended
"Three waste definitions are proposed to be amended: Construction Debris, Construction Demolition
Waste Facility, and Nonhazardous Industrial Solid Waste. The exact text is shown below. New text
has a double underline. Text requested to be removed has a . The proposed language is
the same as the Dakota County Ordinance or the PCA rules except the two items that are noted
below.
SKB has added asbestos to the Construction Debris definition while it is not in the Dakota County
definition. SKB has received a variance from Dakota County Ordinance allowing asbestos to be
disposed of within Cell 5.
SKB has added MSW Incinerator Ash to the Nonhazardous Industrial Waste definition. Dakota
County does not have a separate MSW Incinerator Ash definition and regulates it as industrial waste.
Since the SKB IUP calls for the MSW ash to be disposed of within Cell 4, staff supports calling out
MSW Incinerator Ash separately.
Staff supports amending the three definitions as proposed below.
CONSTRUCTION DEBRIS: Waste building materials, packaging, asbestos and rubble
resulting from construction, remodeling, repair, and demolition of buildings and roads.
CONSTRUCTION DEMOLITION WASTE FACILITY: A facility that accepts and
disposes of e4* construction debris and industrial waste in accordance with a44
armed . permits and plans approved by the state of Minnesota, and Dakota County
and all other applicable local, state, and federal laws.
3
NONHAZARDOUS INDUSTRIAL SOLID WASTE: Solid waste generated from an
industrial or manufacturing process, MSW incinerator ash; and solid waste generated
from non - manufacturing activities such as service and commercial establishments and
chemical and debris contaminated soil from spills: property clean up, and development
activities. Nonhazardous industrial waste shall not include: office materials; restaurant
and food preparation waste: discarded machinery; demolition waste: household waste:
waste; liquid wastes not PFOGessed at the faGility; sewage sludge, OnGludiRg treated eF digested
a ndustF'al waste that * . ally feasible to reGyGlej radiearative eF nUG!eaF
rendering or c Ian ghte ft se write, or hazardous waste.
Waste Definitions Added
SKB has proposed eight new definitions to address uses, processes, or wastes included in their 2008
IUP. The eight definitions are for Composting, MSW Incinerator Ash, Solid Waste, Special Waste,
Waste Processing, Waste Processing Facility, and Waste Transfer Station. As stated earlier, Dakota
County does not have a definition of MSW Incinerator Ash. The other seven definitions match the
Dakota Ordinance except the highlighted section in the Solid Waste definition. Concrete grinding and
sawing associated with a road project is exempted as a solid waste by the PCA, but it is not exempt in
the Dakota County definition. While the PCA does not treat concrete grinding as a solid waste, it is
still regulated. The PCA regulates concrete grinding as a part of a storm water permit for a road
construction project.
Staff is supportive of the eight definitions as proposed below.
COMPOSTING: The controlled biological decomposition and management of selected
solid waste to produce an innocuous, humus -like material, which can be used as a soil
conditioner.
MSW INCINERATOR ASH: Ash from combustion of mixed municipal solid waste (MSW)
or refuse - derived fuel at a waste combustor.
RECYCLING: The process of collecting and preparing recyclable materials and reusing
the materials in their original form or using them in manufacturing processes that do not
cause the destruction of recyclable material in a manner that precludes further use.
SOLID WASTE: Means garbage, refuse, sludge from a water supply treatment plant or
air contaminant treatment facility. and other discarded waste materials and sludges. in
solid, semisolid, liquid, or contained gaseous form, resulting from industrial. commercial .
mining. and agricultural operations, and from community activities but does not include
hazardous waste: animal waste used as fertilizer; earthen fill, boulders rock; concrete
diamond grinding and saw slurry associated with the construction, improvement, or repair
of a road when deposited on the road project site in a manner that is in compliance with
best management practices and rules of the pollution control agency: sewage sludge:
solid or dissolved material in domestic sewage or other common pollutants in water
resources such as silt, dissolved or suspended solids in industrial wastewater effluents or
discharges which are point sources subject to permits under section 402 of the Federal
Water Pollution Control Act. as amended dissolved materials in irrigation return flows: or
source, special nuclear, or by- product material as defined by the Atomic Enerav Act of
1954, as amended.
N
SPECIAL WASTE: A non - hazardous industrial waste that is not mixed municipal solid
waste and is manaaed as a separate waste stream.
WASTE PROCESSING: The treatment of waste after collection and before disposal.
Processing includes but is not limited to reduction, storage, separation, exchange.
resource recovery. physical, chemical, or biological modification, and transfer from one
waste facility to another.
WASTE PROCESSING FACILITY: A facility that treats solid waste after collection and
before disposal. Processing includes but is not limited to reduction: storage: separation:
exchange: resource recovery: physical, chemical, or biological modification: and transfer
from one waste facility to another.
WASTE TRANSFER STATION: A facility in which collected solid waste from any source
is temporarily stored, concentrated or deposited to await subsequent transportation.
Interim Uses Added to the Waste Management Zoning District
The 2008 IUP request included a building proposed for waste (including MSW) processing / recycling
/ transferring. The building has yet to be constructed and no MSW is currently being brought to the
landfill. The 2008 IUP conditions address the operation of the building, included requirements of
vector and raptor management and the processing and transferring of all MSW must be conducted
completely indoors. SKB has requested adding Water Processing Facility and Waste Transfer Station
to the uses permitted by IUP to allow the construction of the building described within the 2008 IUP.
Staff is supportive of adding Waste Processing Facility and Waste Transfer Station to the use
permitted by IUP as provided below.
11 -4 -17: WM WASTE MANAGEMENT DISTRICT:
B. Uses Permitted By Interim Use Permit:
Composting.
Construction demolition waste facility} subject to the following restrictions:
1. Recycling operations subject to requirements of section 11 -10 -5 of
this title.
2. The facility is developed, operated and maintained in accordance with an
approved interim use permit by the city of Rosemount and all other
applicable local, state and federal laws.
3. Permits for the facility by the state of Minnesota and Dakota County are
pending or have received approval.
Nonhazardous industrial waste containment facility.
Waste processing facility.
Waste transfer station.
5
RECOMMENDATION
Staff recommends that the City Council approve the Waste Management Definitions and Interim
Uses Text Amendment for SKB.
City of Rosemount
Ordinance No. B- 226
AN ORDINANCE RELATING TO WASTE MANAGEMENT DEFINITIONS AND INTERIM
USES; AMENDING ROSEMOUNT CITY CODE SECTIONS 11 -1-4 AND 11 -4 -17
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS
that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is
hereby amended as follows:
Section 1. The Rosemount City Zoning Code, Section 11 -1 -4 is amended as follows:
CONSTRUCTION DEBRIS: Waste building materials, packaging, asbestos and rubble resulting
from construction, remodeling, repair, and demolition of buildings and roads.
CONSTRUCTION DEMOLITION WASTE FACILITY: A facility that accepts and disposes of
oftly-construction debris and industrial waste in accordance with an approve permits n n
apVLQud-by the state of Minnesota, and Dakota County and all other applicable local, state, and
federal laws.
NONHAZARDOUS INDUSTRIAL SOLID WASTE: Solid waste generated from an industrial or
manufacturing process: MSW incinerator ash: and solid waste generated from non - manufacturing
activities such as service and commercial establishments and chemical and debris contaminated soil
from ills: nronerty clean up, and development activities. Nonhazardous industrial waste shall not
include: office materials: restaurant and food nrenaration waste: discarded machinery: demolition
waste; household waste: , ifte6diftg treated
ot digested sewage gludge-, > > nafthamardatts
industrial waste that is eeafternieaRy feasible to r- -tive or nuelear waste; rendering a
91ftThtefhoUse waste; or hazardous waste.
Section 2. The Rosemount City Zoning Code, Section 11 -1 -4 is amended by adding the following
definitions:
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1-110-011IMNIT17N. "M
'IMF lom Wa-
Section 3. The Rosemount City Zoning Code, Section 11 -4 -17, paragraph B is amended by adding
the following uses:
B. Uses Permitted by Interim Use Permit:
Section 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
Adopted this 19"' day of March, 2013 by the City Council of the City of Rosemount,
Minnesota.
ATTEST:
LH
Amy Domeier, City Clerk
In
William H. Droste, Mayor
Published in the Rosemount Town Pages the of March, 2013.
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Ni-/o -M CDVOY Ordinance No. 110, Solid Waste Manage ent
SECTION 2.00 DEFINITIONS
Unless the context clearly indicates otherwise, the following words and phrases shall have the meanings ascribed to them
in this section. Unless specifically defined herein, terms used in this ordinance shall have the same definition as provided
in the Waste Management Act, Minn. Stat. §115A.01 et seq. and/or Minn. R. 7035.300, and if not defined there, shall have
common usage meaning. For purposes of this ordinance, the words "must" and "shall" are mandatory and not permissive
unless a different definition appears in this ordinance.
2.01 "ADMINISTRATIVE PENALTY ORDER" means an order issued pursuant to Dakota County Ordinance No. 123,
Administrative Penalty Orders.
2.02 "AGRONOMIC RATES" means the application of plant nutrients and soil amendments at rates recommended
by the University of Minnesota or a Minnesota Department of Agriculture certified laboratory for the production of
agronomic crops based upon specific crop yield goals and specific soil test values.
2.03 "ASH RESIDUE" means the residue resulting from the processing combustion of solid waste, Including fly ash
and bottom ash and spent reagent and moisture.
2.04 "AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT" means an employee or agent of the Dakota
County Environmental Management Department.
2.05 "BACKYARD COMPOST SITE" means a site used to compost vegetative food scraps, garden wastes,
weeds, lawn cuttings, leaves and prunings from a single- family household, apartment building, or a single
commercial office, by an owner, occupant, or lessee of the property.
2.06 "BASE COUNTY" means the metropolitan area county in which a hauler's office, records, and vehicles are
primarily located. If different parts of the hauler's business are located in more than one metropolitan area
county, the base county shall be the metropolitan area county in which most of the vehicles are kept, as,
determined by the department at the time of license application. The base county for haulers based in a county
not participating in the regional licensing program shall be an adjacent metropolitan area county as determined by
the department.
2.07 . "BASE LICENSE" means the license issued by a base county to a hauler as a precondition to obtaining an
operating license from Dakota County or other metropolitan area counties.
2.08 "BENEFICIAL LAND APPLICATION" means using certain solid wastes and their properties to improve. the
soil's physical, chemical and biological properties and to enhance vegetative growth and production when applied
at agronomic rates.
2.09 "BEVERAGE CONTAINERS" means contain ers fabricated from aluminum, bimetal, plastic or glass and
commonly used for soda, beer, or other beverages.
2.10 "CERTIFICATION OF CLOSURE" means the acknowledgment and legal testament of the site /facility owner
and agents (operator, attorney, and professional engineer) that all required closure actions have been
satisfactorily completed in accordance with the approved closure plan(s) and specifications and in compliance
with all applicable regulations.
2.11 "CHRISTMAS TREE" means coniferous or evergreen trees or boughs used for Yuletide decorations.
2.12 "CITATION" means an order issued by the department to appear before a judge on a given date to defend
against a stated charge, such as an ordinance violation.
2.13 "CLEAN FILL" means uncontaminated natural earthen materials such as soil, sand and gravel.
SECTION 2.00 DEFINITIONS Page 2
6'i&rA c,, Ordinance No. 110, Solid Waste Management
2.14 "CLOSURE" means the physical act of securing, covering, and otherwise closing a terminated licensed solid
waste facility operation or nonconforming site in accordance with the requirements of this ordinance to mitigate
and abate environmental impacts and public health and safety hazards, and nuisances, as well as to anticipate
and resolve potential future problems.
2.15 "CLOSURE PERIOD" means the time period from the date of termination of all intermediate or final disposal
operations until the. date that the county board approves the certification of closure.
2.16 "CLOSURE PLAN" means all required closure and post- closure plans and specifications, supporting
documents, reports, information and data required in section 3.05 that shall be necessary for review by the
department.
2.17 "CO- COMPOST" means composting of mixed municipal solid waste with a nutrient source or bulking agent.
2.18 "CODISPOSAL" means the disposal of nonhazardous industrial wastes, including sludge and ash, together
with mixed municipal solid waste at a solid waste facility, as approved by the Minnesota Pollution Control Agency
(MPCA) and deemed acceptable by the department.
2.19 "COMMERCIAL BUILDING" means any permanent or temporary building used for other than residential
purposes.
2.20 "COMPOSTABLE MATERIAL" means any material that is primarily organic and can be decomposed through
biological activity.
2.21 "COMPOSTING" means the controlled biological decomposition and management of selected solid waste to
produce an innocuous, humus -like material, which can be used as a soil conditioner.
2.22 "COMPOSTING FACILITY" means a site or facility used to compost or co- compost solid waste, including all
structures or processing equipment used to control drainage, collect and treat leachate, and storage areas for the
incoming waste, the final product, and residuals resulting from the composting process.
2.23 "CONSTRUCTION DEBRIS" means waste building materials, packaging and rubble resulting from
construction, remodeling, and repair.
2.24 "CORRECTIVE ACTIONS" means the actions, including remedial actions that need to be performed by a
person to correct the conditions on the property that are in violation of this ordinance.
2.25 "COUNTIES" means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties, or, if one or
more of said counties withdraws from the Regional Hauler Licensing Program, the remaining counties.
2.26 "COUNTY" means Dakota County, Minnesota.
2.27 "COUNTY BOARD" means the Dakota County Board of Commissioners.
2.28 "COVER MATERIAL" means material that is used to cover compacted solid waste in a land disposal site or
facility. Acceptable cover material is characterized by low permeability, uniform texture, cohesiveness and
compactability, and is free of putrescible materials. Suitable cover materials include, but are not limited to, sandy
loam, loam, silty loam, sandy clay loam, silty clay loam, clay loam, sandy clay; clayey sand, and loamy sand.
Final cover material is used to terminate and permanently close a land disposal site, facility, or a part thereof, and
the type and required characteristics of the final cover material must be approved by the department.
2.29 "DEMOLITION LANDFILL" means an area. of land used for final disposal of demolition waste.
SECTION 2.00 DEFINITIONS Page 3
WwA cao'^ Ordinance No. 110 Solid Waste Management
2.30 "DEMOLITION WASTE" means waste resulting from the demolition of man -made structures, and other similar
materials specifically approved by the department. Demolition waste excludes asbestos and other materials
specifically prohibited by this ordinance and the department.
2.31 "DEPARTMENT" means the county department or unit designated by the county board to conduct solid waste
regulatory activities within the county, its staff, and designated agents.
2.32 "DISASTER" means a situation that creates an actual or imminent serious threat to the health and safety of
persons, or a situation that has resulted or is likely to result in catastrophic loss to property or the environment,
and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent
the injury or loss.
2.33 "EMBARGO" means a written order issued by the department prohibiting the movement, removal,-transport,
disposal, treatment, sale, or use of any material which is or is suspected to be a solid waste and which _is being
mismanaged or which the department has reason to suspect is being or will be managed in violation of this
ordinance.
2.34 "ENERGY RECOVERY" means a process by which energy is derived or extracted from solid waste to capture
the heat value for conversion to steam, electricity, or immediate heat by direct combustion.
2.34 "ENERGY RECOVERY FACILITY" means a facility used to capture the heat value of solid waste for
conversion to steam, electricity, or immediate heat by direct combustion.
2.35 "FINAL DISPOSAL" means discharge, deposit, injection, uncontrolled dumping, spilling, leaking, or placing of
any solid waste or any constituent thereof that may enter the environment or be emitted into the air or discharged
into any waters, including ground waters.
2.37 "FLOODPLAIN" means the beds proper and the areas adjoining a wetland, lake, or watercourse that have
been or may be covered by a regional flood.
2.38 "GARBAGE" mean's discarded material resulting from the handling, processing, storage, preparation, serving
and consumption of food.
2.39 "GENERATE" means the act or process of producing solid waste, including the production or aggregation of
waste occurring at an intermediate disposal facility.
2.40 "GENERATOR" means any person whose actions or process(es) produce solid waste.
2.41 "GLASS RECYCLABLES" means containers fabricated of glass used primarily for packaging and bottling, but
specifically excluding ceramic, china, plate glass, and leaded glass or crystal.
2.42 "HAULER" means any person, other than an individual resident hauling his or her own.household waste, who
collects or transports any solid waste.
2.43 "HAZARDOUS WASTE" means any refuse, sludge, spent solutions or other waste material or combinations of
refuse, sludge, spent solutions or other waste materials in solid, semi - solid, liquid or contained gaseous form
which, because of its quantity, concentrations, or chemical, physical or infectious characteristics may: (a) cause or
significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible
illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly
treated, stored, transported or disposed of, or otherwise managed. Categories of hazardous waste materials
include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants and corrosives. Hazardous
SECTION 2.00 DEFINITIONS Page 4
Ordinance No. 110 Solid Waste Management
waste does not include source, special nuclear, or by- product material as defined by the Atomic Energy Act of
1954, as amended.
2.44 "INCINERATOR" means any emissions unit, emission facility, furnace, or other device used primarily for the
purpose of combusting solid waste.
2.45 "INDUSTRIAL WASTE" means all solid waste generated from an industrial or manufacturing process, and
solid waste generated from non - manufacturing activities such as service and commercial establishments and
chemical and debris contaminated soil from spills; property clean up, and development activities. Industrial waste
does not include office materials, restaurant and food preparation waste, discarded machinery, demolition waste,
or household waste.
2.46 "INERT" means lacking the physical or chemical capacity to adversely impact human health or the environment.
2.47 "INFECTIOUS WASTE" means a solid waste that has the meaning given to it in Minn. Stat. §116.76. Infectious
waste includes laboratory waste, blood, regulated body fluids, sharps, and research animal wastes that have not
been decontaminated.
2.48 "INFECTIOUS WASTE FACILITY" means a facility where infectious waste is stored, disposed,
decontaminated, or incinerated.
2.49 "INTERMEDIATE DISPOSAL" means the preliminary or incomplete disposal of solid waste, including storage
and any other management or handling of waste short of final disposal. Infermediate disposal does not include
storage by a generator of thirty (30) cubic yards or less of solid waste if the storage meets the requirements of the
city or township and does not constitute a public health nuisance.
2.50 "LAND APPLICATION' means placing solid waste on land for the purpose of chemical, physical or biological
treatment that may provide a beneficial amendment to the soil.
2.51 "LICENSEE" means the person(s) who has been granted a license by the county board to establish, operate
and maintain a solid waste facility or to collect and transport solid waste, pursuant to this ordinance.
2.52 "MAJOR APPLIANCES" means clothes washers and dryers, dishwashers, water heaters, residential
furnaces, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air
conditioners, dehumidifiers, refrigerators, and freezers.
2.53 "MAJOR MODIFICATION" means a change in a licensed solid waste facility that requires county board
approval. The criteria are stated in section 3:13.
2.54 "METAL RECYCLABLES" means food and beverage containers fabricated of any metal except aluminum as
well as other items of scrap metal determined to be suitable for collection, preparation and remanufacture.
2.55 "METROPOLITAN .AREA" .means the counties of Anoka, Carver, Dakota excluding the City of Northfield,
Hennepin excluding the City of Hanover, Ramsey, Scott including the City of New Prague, and Washington.
2.56 "MPCA" means. the Minnesota Pollution Control Agency.
2.57 "MIXED MUNICIPAL SOLID WASTE" means garbage, refuse; and other solid waste from residential,
commercial, industrial, and community activities that the generator of the waste aggregates for collection but does
not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural
wastes, tires, lead -acid batteries, motor or vehicle fluids and filters, and other materials collected, processed, and
disposed of as separate waste streams.
SECTION 2.00 DEFINITIONS Page 5
bAl<ofA Cc ty,, ' L Ordinance No. 110 Solid Waste Mana ement
2.68 "MULTI -UNIT RESIDENTIAL BUILDING" means any building with four or more residential units.
2.69 "MULTIPLE OPERATION FACILITY LICENSE" means one license granted to a person who operates two
or more solid waste facilities within the same site boundary.
2.60 "MUNICIPALITY" means any incorporated city or township within the boundaries of Dakota County, Minnesota,
or a combination thereof that are included in an agreement for purposes of solid waste management.
2.61 "NONCONFORMING SITES" means real property used for final or intermediate disposal of solid waste for
which no license was obtained from the county board or that has not been closed in conformance with this
ordinance. .
2.62 "NOTICE OF VIOLATION' means, an administrative version of a judicial complaint that is issued by the
department to a person. A notice of violation must contain the following sections:
1. Findings of fact with corresponding conclusions of law, which describe the alleged violations and the
corresponding ordinance section(s), statute(s), and/or rule(s) which are allegedly violated;
2. Orders for corrective action, which describe specifically how each alleged violation must be corrected and
the timeframes within which the corrections are required to be made; and
3. Notice of further action, which describes in general terms, the additional administrative and judicial
enforcement actions that could be pursued by the department, if the alleged violations are not
satisfactorily corrected.
2.63 "OPERATOR" means the person(s) responsible for managing the day -to -day physical handling of solid waste at
a particular site or facility. .
2.64 "OPERATING COUNTY" means any of the metropolitan area counties, including the base county, in which the
hauler collects or transports mixed municipal solid waste.
2.65 "OPERATING LICENSE" means the lice_ nse issued by an operating county to operate within each operating
county, including the base county, in which the hauler collects or transports mixed municipal solid waste and that
-may contain specific conditions imposed by the issuing county.
2.66 "PCB OR POLYCHLORINATED BIPHENYL" means,a special waste that consists of two hundred nine
(209) possible compounds that may have 1 -10 chlorine atoms attached to a biphenyl aromatic structure.
2.67 "pH" means a value representing the acidity or alkalinity of an aqueous solution that is expressed by the
negative logarithm of the hydrogen ion concentration with a scale of 01 to 14. A neutral solution has a pH of 7
and each one unit change in the pH value is a change of ten times the acidity or alkalinity of the solution.
2.68 "PID OR. PHOTOIONIZATION DETECTOR" means an organic vapor meter for measuring the concentration
of volatile organic compounds that have an ionization potential that is less than the energy of the lamp used in the
detector. The lamp shall be a minimum 10.2 eV or higher as appropriate for the compound(i) being detected.
2.69 "PAPER RECYCLABLES" means paper products included in the various categories such as newspaper,
corrugated, kraft, office, catalogues, and magazines to the extent they are not contaminated with plastic, wax,
food or other extraneous substances.
2.70 "PERSON" means any human being, any municipality or other governmental or political subdivision, or other
public agency, any public or private corporation, any partnership, firm, association, or other organization, any
receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity.
SECTION 2.00 DEFINITIONS Page 6
Ko -(A COJITi u( Ordinance No 110. Solid Waste Management
2.71 "POST- CLOSURE" means the physical act of long -term monitoring and maintenance for a specified number of
years after the county board approval of the certification of closure or after closure of a nonconforming site.
During this time, the discovery of contingencies shall require certain actions and funding to mitigate or abate
environmental impacts and public health and safety hazards and nuisances.
2.72 POST - CLOSURE PERIOD" means the time period beginning with county board approval of the certification
of closure or after completion of closure of a nonconforming site and extending until such time as monitoring and
maintenance activities and contingency actions outlined in the approved closure plan or remedial action plan
required under section 14.03(C) are completed.
2.73 "PRE- CLOSURE /OPERATIONAL PERIOD" means the period of time beginning at commencement of•solid
waste operations until the beginning of the closure period.
2.74 "PROCESSING" when referring to solid waste, means the treatment of solid waste after collection and before
final disposal, and includes all activities after the time the waste is delivered to a processing facility. Processing
includes, but is not limited to`. storage; reduction; containment; separation; exchange; resource recovery; physical,
chemical, or biological modification; and subsequent transfer from one solid waste facility to another. The storage
of solid waste, in and of itself, does not constitute the treatment of waste necessary to meet this definition.
2.75 "PROCESSING FACILITY" means a site used to process solid waste, including all structures, equipment used
to process the waste, storage areas for the incoming waste, and the final product and residuals resulting from the
process.
2.76 "PUBLIC NUISANCE means the creation of acts or conditions that unreasonably annoy, injure or endanger
the safety, health, comfort, or repose of any number of members of the public.
2.77 "PUTRESCIBLE MATERIAL" means solid waste that is capable of rotting or is in a foul state of decay or
decomposition.
2.78 "QUALIFIED CLEAN FILL" means uncontaminated concrete, brick, or inert materials approved for beneficial
use by the department and the Minnesota Pollution Control Agency.
2.79 "QUALIFIED CLEAN FILL LANDFILL' means utilization of qualified clean fill for a beneficial land use
project.
2.80 "RADIOACTIVE MATERIAL" means any waste releasing detectable radiation.
2.81 "RECYCLABLE MATERIALS" means materials that are separated from solid waste for the purpose of
recycling including, but not limited to, paper, glass, plastics, metals, automobile oil, and batteries. Refuse derived
fuel or other material that is destroyed by incineration is not a recyclable material.
2.82 "RECYCLING" means the process of collecting and preparing recyclable materials and reusing the materials in
their` original form or using them in manufacturing processes that do not cause the destruction of recyclable
material in a manner that precludes further use.
2.83 "RECYCLING FACILITY" means a site at which waste materials are prepared for reuse in their original form
or for use in manufacturing processes that do not cause the destruction of materials in a manner that precludes
further use.
2.84 "REFUSE" means .something rejected or discarded as worthless or useless.
SECTION 2.00 DEFINITIONS Page
'�Ok/6TXA CouN~Ty Ordinance No 110 Solid Waste Management
2.85 "REGIONAL FLOOD" means a flood that is representative of large floods known to have occurred generally in
Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the
magnitude of a 100 -year recurrence interval.
2.86 "REGIONAL HAULER LICENSING PROGRAM" means the cooperative hauler licensing program
established by the joint powers agreement of February 1, 1995, as may be amended from time to time, by
participating metropolitan area counties.
2.87 "REMEDIAL ACTION PLAN" means a written plan submitted to, and approved by, the department after a
nonconforming site has been investigated that describes all corrective actions that the owner will complete to
bring the nonconforming site within the requirements of Ordinance 110.
2.88 "REMEDIAL INVESTIGATION PLAN" means a written plan describing the conditions on a nonconforming
site that violate this ordinance and the activities and methods that the owner intends to use to assess the
environmental conditions on the site.
2.89 "REMEDIAL INVESTIGATION REPORT" means a written report describing all the findings of the
investigation of a nonconforming site that have been carried out according to the approved remedial investigation
plan.
2.90 "RESIDENTIAL BUILDING" means. a single family home:*or a building with residential units.
2.91 "RESIDENTIAL RECYCLING" means a program targeted for collection of recyclable materials from
residential or multi -unit residential buildings.
2.92 ` "RESIDENTIAL SOURCE" means any single or multi - family dwelling.
2.93 "RESIDUALS" means all solid waste remaining after processing or composting including ash residue and other
solid waste that is not recovered or combusted.
2.94 "RESOURCE RECOVERY" means the reclamation for sale, use, or reuse of materials, substances, energy, or
other products contained within or derived from waste, including, but not limited to energy recovery, processing,
and composting facilities.
2.95 "RESOURCE RECOVERY FACILITY" means a solid waste facility established and used primarily for
resource recovery, including related and appurtenant facilities such as transmission facilities and transfer stations
primarily serving the resource recovery facility.
2.96 "RURAL SOLID WASTE COMMISSION (RSWC)" means the joint powers board established between
Dakota County and Dakota County's thirteen (13) townships and the cities of Coates, Hampton, Miesville, New
Trier, Randolph, and Vermillion for the purpose of developing a common solid waste abatement program.
2.97 "SANITARY LANDFILL" means a facility that employs a method for final disposal on land, of solid waste,
including mixed municipal solid waste, in accordance with a preconceived plan and without creating. nuisances or
hazards to public health or safety, by utilizing the principles of environmental planning and engineering to confine
solid waste to the proper and smallest practical area, to reduce it to the smallest volume, and to cover it with an
adequate layer of cover material at the conclusion of each day's operation, or at such more frequent intervals as
may be required.
2.98 "SCRAP YARDS" means an establishment, place of business, or place of storage or deposit, that is
maintained, operated, or used for storing, keeping, buying, or selling scrap, junk, or waste metal, including, but
SECTION 2.00 DEFINITIONS Page 8
Ko-(A Coot,r(y Ordinance No. 110, Solid Waste Management
not limited to, automobiles, trucks, tractors, farm equipment, industrial equipment, containers, and appliances,
where the total scrap metal stored is greater than 20 tons or consists of more than five motor vehicles.
2.99 "SEGREGATED" means, when referring to solid waste, waste that has been separated into groups of similar
materials.
2.100 "SHORELAND" means land located within the following distances from public waters: 1,000 feet from the
ordinary high watermark of a lake, pond, or flowage; and land within 300 feet of a river or a stream or the
landward side of a delineated by ordinance on the river or stream, whichever is greater.
2.101 "SOLID WASTE" means garbage, refuse, sludge from a water supply treatment plant or air containment
treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained
gaseous form, resulting from industrial, commercial, mining and agricultural operations, and from community
activities, but. does not include hazardous waste, animal waste used as fertilizer, earthen fill, boulders, rock,
sewage sludge, solid or dissolved material in domestic sewage or other common pollutants in water resources,
such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point
sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved
materials in irrigation return flows, or source, special nuclear, or by- product material as defined by The Atomic
Energy Act of 1954, as amended.
2.102 "SOLID WASTE DISPOSAL DISCLOSURE NOTICE" means a document filed with Dakota County
Property Records Department containing the information required in section 14.04 of this ordinance.
2.103 "SOLID WASTE ABATEMENT" means programs for reducing, reusing, and recycling solid waste.
2.104 "SOLID WASTE ABATEMENT PROGRAM" means a program for waste abatement as further defined in the
joint powers agreements between Dakota County and each municipality in Dakota County.
2.105 "SOLID WASTE FACILITY" means all property, real or personal, including negative and positive easements
and water and air rights, that is used for processing, managing, or disposing of solid waste, except property used
primarily for the manufacture of metal or paper. The term solid waste facility includes solid waste landfills,
transfer stations, incinerators, energy recovery facilities, special waste facilities, processing facilities, composting
facilities, infectious waste facilities, and also includes any other intermediate and final solid waste disposal sites
and facilities.
2.106 "SOLID WASTE LANDFILL" means a site used for final disposal of solid waste utilizing the landfilling method.
2.107 "SOLID WASTE MANAGEMENT COORDINATING BOARD (SWMCB)" means the joint powers board
established by the Amended and Restated Joint Powers Agreement of the Solid Waste Management
Coordinating Board approved on March 25, 1998, as may be amended from time to time, of the participating
metropolitan counties for the coordination of solid waste management issues in the participating metropolitan
counties.
2.108 "SOURCE .SEPARATION' means the process whereby generators separate, from mixed municipal solid
waste, materials that will be reused, used as substitutes for raw material in a manufacturing process, 'or converted
into a usable soil amendment.
2.109 "SOURCE SEPARATED COMPOSTABLE MATERIAL" means materials that:
Are separated at the source by waste generators for the purpose of preparing them for use as
compost;
SECTION 2.00 DEFINITIONS Page 9
'bAKO -64 Ordinance No 110 Solid Waste Management
2. Are collected separately from mixed municipal solid waste, and are governed by the licensing
provisions of Minn. Stat. § 115A.93;
3. Are comprised of food wastes, fish and animal waste, plant materials, diapers, sanitary
products, and paper that is not recyclable because the MPCA has determined that no other
person is willing to accept the paper for recycling;
4. Are delivered to a facility to undergo controlled microbial degradation to yield a humus -like
product meeting the MPCA's class I or class 11, or equivalent, compost standards and where
process residues do not exceed 15% by weight of the total material delivered to the facility;
and
5. May be delivered to a transfer station, mixed municipal solid waste processing facility, or
recycling facility only for the purposes of composting or transfer to a composting facility, unless
the MPCA determines that no other person is willing to accept the materials.
2. 110 "SPECIAL WASTE" means a non - hazardous industrial waste that is not mixed municipal solid waste and is
managed as a separate waste stream.
2.111 "SPECIAL WASTE FACILITY" means an area of land and associated structures and operations that are
Involved in intermediate or final disposal of special waste.
2.112 "STIPULATION AGREEMENT" means a voluntary agreement entered into between Dakota County and a
person, whereby the person agrees to perform actions to correct ordinance violations within an agreed upon time
period and upon which its terms and conditions may be enforced in a court of competent jurisdiction.
2.132 "STREET SWEEPINGS" means materials removed from streets, sidewalks, parking lots, and roadways during
routine cleaning by a sweeping operation consisting of sand, sealcoat, tree waste and debris. Street sweepings
do not include any material originating from an industrial spill or contaminated area.
2.143 "TCLP (TOXICITY CHARACTERISTIC LEACHING PROCEDURE)" means a test designed and required
by the United States Environmental Protection Agency to determine the existence of hazardous components in
waste. The TCLP (Method 1311) is published in "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods," EPA Publication SW -846.
2.15 "TPH (TOTAL PETROLEUM HYDROCARBON)" means a test used to determine the amount of oil and
grease in a waste.
2.116 "TRANSFER STATION" means a facility in which collected solid waste from any source is temporarily stored,
concentrated or deposited to await subsequent transportation. A transfer station can be fixed or mobile. The
transfer of solid waste from one collection vehicle to another constitutes a mobile transfer station.
2.117 "TRANSPORTATION" means the conveying of solid waste from one place to another.
2.118 "UNPROCESSED MIXED MUNICIPAL SOLID WASTE" means mixed municipal solid waste that has not,
after collection and before. final disposal, undergone separation of materials for resource recovery through
recycling, energy recovery, production and use of refuse derived fuel, composting, or any combination of these
processes so that the weight of the waste remaining that must be disposed of in a sanitary landfill is not more
than thirty -five percent (35 %) of the weight of the waste accepted at the facility before processing, on an annual
average.
SECTION 2.00 DEFINITIONS Page 16
c4o,3-r(il Ordinance No. 110. Solid Waste Management
2.119 "UNPROCESSIBLE WASTE" means mixed municipal solid waste that is unprocessed mixed municipal solid
waste because it is not amenable to processing as determined by a processing facility operator, or it cannot
reasonably�be delivered to a processing facility as determined by the county in which it was generated.
2.120 "VOC (VOLATILE ORGANIC COMPOUNDS)" means a group of organic chemical compounds that have a
vapor pressure greater than 2mm of mercury at 25 degrees Celsius, excluding methane.
2.121 "WARNING NOTICE" means a written document issued by the department to a person that includes the
following:
1. A list of violations, including the ordinance section(s), rule(s), or statute(s) violated, the factual basis for
the violations and the date(s) of the violations;
2. The specific actions required to be taken by the person to correct the violations and the timeframes within
which the corrections are required to be made;'and
3. A description, in general terms, of the additional administrative and judicial enforcement actions that could
be pursued by the department if the alleged violations are not satisfactorily corrected.
2.122 "WASTE TIRE" OR "TIRE" means a pneumatic or solid vehicular tire that no longer serves its original
intended purpose because of wear, damage, defect, or rejection.
2.123 "WASTE TIRE COLLECTOR" means a person who owns or operates a site used for the collection, storage or
deposit of more than fifty (50) waste tires.
2.124 "WASTE TIRE DUMP" means an establishment, place of business or site without a county license or
department approval that is maintained, operated, used or allowed to be used for the collection, storage, or
disposal of unprocessed waste tires that is in violation of this ordinance and is a public health and safety hazard
or a public nuisance.
2.125 "WASTE TIRE PROCESSING" means the production or manufacture of usable materials, including fuel from
waste tires, and including necessary incidental temporary storage activity, but excluding final disposal.
2.126 "WETLANDS" means a surface water feature classified as a wetland in the United States Fish and Wildlife
Circular No. 39 (1971).
2.127 "WOOD WASTE" means solid waste composed primarily of wood that has not been chemically treated or
coated, including tree and shrub waste that has been removed from its original location.
2.128 "YARD WASTE" means garden wastes, leaves, lawn cuttings, .weeds, shrub and tree waste, and prunings
generated at residential, commercial, or public properties.
2.129 "YARD WASTE COMPOSTING FACILITY" means a site or facility established for the controlled biological
degradation /decomposition of yard waste into a stable, humus -like end product.
[Remainder of page left intentionally blank.]
SECTION 2.00 DEFINITIONS Page 11
11 -1 -4: DEFINITIONS: Ro�Ennov,.t�.sCt
For the purpose of this title, certain words contained herein shall be defined as follows:
AM RADIO ANTENNA: That portion of any communication equipment located on the exterior or outside of
any structure used for continuous or standby transmission or reception of AM radio waves.
ACCESSORY BUILDINGS: A subordinate building or structure on the same lot with a principal or main
building.
ACCESSORY STRUCTURE: A structure, with or without a roof and /or walls, detached from a principal
building located on the same lot and customarily incidental and subordinate to the principal building.
ACCESSORY USE: A use of land or a building or portion thereof customarily incidental and subordinate to
the principal use of the land or building and located on the same lot with the principal use.
AGRICULTURAL STAND: A booth or stall located on a farm from which farm products raised exclusively on
that farm are sold to the general public.
AGRICULTURE: The use of the land for agricultural purposes, including farming, dairying, pasturage,
horticulture, storage, animal and poultry husbandry and accessory uses and buildings. The care and keeping
of agricultural animals is also subject to the regulations for the care and keeping of animals within the city
contained in title 7, chapter 4 of this code.
ALLEY: A public right of way which affords a secondary means of access to abutting property.
ALTERATIONS: Any modification, additions, or change in construction or type of occupancy; any
enlargement of a building, either horizontally or vertically; or the moving of a structure from one location to
another.
APARTMENT: One or more rooms with private bath and kitchen facilities for lease comprising an
independent, self- contained dwelling unit in a building containing three (3) or more dwelling units.
APARTMENT, ACCESSORY: An apartment that is secondary and incidental to a principal use or building.
ATTORNEY: The city attorney of Rosemount, Minnesota, or his designated representative.
BARN: The largest accessory building on a property, constructed before 1940, for the exclusive storage of
agricultural products and /or farm animals and larger than one thousand two hundred (1,200) square feet,
with a gabled or gambrel roof.
BASEMENT: A portion of a building located partly underground, having more than fifty percent (50 %) of its
floor to ceiling height below the average grade of the adjoining ground. Split level, split entry and earth
sheltered homes shall be construed to satisfy basement requirements.
BOARDING HOUSE: A building other than a motel or hotel, where, for compensation and by
prearrangement for definite periods, meals and lodging are provided for not less than three (3) nor more than
eight (8) persons.
BUILDING: Any structure having a roof which may provide shelter or enclosure for persons, animals or
chattel, and when said structure is divided by party walls without openings, each portion of such building so
separated shall be deemed a separate building.
BUILDING HEIGHT: The vertical distance from finished grade to the top of the highest roof beams on a flat
or shed roof, the deck level on a mansard roof, and the average distance between the eaves and ridge level
for gable, hip and gambrel roofs.
BUILDING LINE: That line measured across the width of the lot at the point where the main structure is
placed in accordance with setback provisions.
BUILDING, PRINCIPAL: A building in which is conducted the main or primary use of the lot on which it is
located.
CAR WASH, ACCESSORY: An accessory building or part of a principal building equipped with mechanical
equipment for washing autos (not a conveyer system) which is accessory to a gasoline station and
comprises only one normal service bay of the gas station.
CAR WASH, PRINCIPAL USE: A principal building or use which is equipped with a conveyor system and
other mechanical equipment and facilities for washing motor vehicles.
CEMETERY: A parcel of land intended for the burial of human dead. A marker or memorial is erected at
each gravesite for permanent remembrance of the deceased. Cemeteries may include columbariums,
crematories, mausoleums, mortuaries, and chapels when operated in conjunction with and within the
boundary of such cemetery.
CERTIFIED ENGINEER: An engineer who is licensed by the Minnesota board of architecture, engineering,
land surveying, landscape architecture and interior design.
CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for
religious worship and which building, together with its accessory buildings and uses, is maintained and
controlled by a religious body organized to sustain public worship.
CITY: The city of Rosemount, Dakota County, Minnesota.
CITY ENGINEER: The professional engineer employed by the city of Rosemount.
CLEAR CUTTING: The removal of an entire stand of trees.
CLUB, LODGE: A nonprofit organization catering exclusively to members and their guests.
CLUSTER HOUSING: The grouping of housing units which results in higher density clusters while
maintaining approximately the same overall allowable site density. Cluster housing shall include
townhouses, zero lot line houses, row houses and similar housing types.
CLUSTER HOUSING, SINGLE - FAMILY DETACHED: Single- family detached dwellings that are placed on
lots that are smaller than district requirements in order to achieve environmental protection orother public
objectives. The net density of the cluster area may be higher, provided that the gross density of the total site
is within applicable standards.
COLUMBARIUM: A building or structure designed with niches for the location of urns to hold the ashes of
cremated persons.
COMMERCIAL GREENHOUSE: A structure in which vegetables and flowers are grown indoors from seed
exclusively for sale at wholesale to retailers and jobbers. Exterior storage is prohibited. Accessory sales are
prohibited.
COMMERCIAL OUTDOOR RECREATION: A commercial recreational use available to the general public
that depends upon a natural, relatively undeveloped setting.
COMMERCIAL USE ANTENNA: A device used to transmit and /or receive radio or electromagnetic waves
between terrestrially and /or orbitally based structures directly or indirectly related to wireless personnel
communication services and cellul, services.
COMMERCIAL USE ANTENNA TOWER: Any pole, spire, or lattice structures, or combination thereof, to
which an antenna is attached, or which is designed for an antenna to be attached, and all supporting
materials.
COMMISSION: The planning commission of the city of Rosemount.
COMMISSIONER: The commissioner of the department of natural resources.
COMPREHENSIVE PLAN: A compilation of policy statements, goals, standards and maps for guiding the
physical, social and economic development of the city and including a land use plan, a community facilities
plan and a transportation plan which has been prepared and adopted by the city of Rosemount.
CONDOMINIUM: A building or group of buildings in which dwelling units, offices, or floor area are owned
individually, and the structure, common areas, and facilities are owned on a proportional, undivided basis.
CONDOMINIUM ASSOCIATION: The community association which administers and maintains the common
property and common elements of a condominium.
CONGREGATE HOUSING: Apartments with communal dining facilities and services, such as
housekeeping, organized social and recreational activities, and transportation.
CONSTRUCTION DEBRIS: Waste building materials, packaging, and rubble resulting from construction,
remodeling, repair and demolition of buildings and roads.
CONSTRUCTION DEMOLITION WASTE FACILITY: A facility that accepts and land disposes of only
construction debris in accordance withan approved permit by the state of Minnesota, Dakota County and all
other applicable local, state and federal laws.
CONSTRUCTION MATERIALS: Materials that are commonly used in the construction, repair, remodeling or
landscaping of a building or building site. Examples of such materials include, but are not limited to, plywood,
brick, concrete, tools, roofing materials, dumpsters, and landscaping items.
CONVENIENCE STORE, MOTOR FUEL STATION: A motor fuel station that offers for sale a limited amount
of food and household products, which are in addition to those typically supplied at a motor fuel station.
COUNCIL: The city council of the city of Rosemount.
CREMATORIUM /CREMATORY: Where bodies are consumed by incineration and the ashes of the
deceased are collected for permanent burial or storage in urns.
DAYCARE CENTER: A use defined by chapter 462, Minnesota statutes, which is operated for profit for the
daytime only care of children and adults.
DECORATIVE FENCE: A fence made of high quality, long lasting and ornamental materials including
finished aluminum, wrought iron, brick and the like, but not including wood, unfinished metal, vinyl, PVC,
chainlink, wire, barbed wire or like materials.
DENSITY: The number of dwelling units per acre of land. Gross density is based on the total land area of the
development site excluding existing public streets or highways. Net density is based on the total land area of
the development site excluding wetlands, parks, existing public streets or highways, other land that will
remain permanently undeveloped, but including newly platted streets.
DISTRICT: An area of land for which there are uniform regulations governing the use of the buildings and
premises.
DWELLING: Any building or portion thereof, which is designed or used exclusively for residential purposes
but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins or
trailer coaches.
DWELLING, MULTIPLE - FAMILY: A residential building, or portion thereof, containing three (3) or more
dwelling units.
DWELLING, SINGLE - FAMILY ATTACHED: A dwelling which is joined to another dwelling at one or more
sides by a party wall or walls, each unit on a separate lot, and each unit having at least two (2) walls
exposed to the outdoors, such as duplexes, twin homes, triplexes, quad homes, and townhomes. This
definition shall not include units which are joined to one another by floor or ceiling.
DWELLING, SINGLE - FAMILY DETACHED: A dwelling on a single lot with street frontage that is not
attached to any other dwelling by any means, including roof, wall, or floor.
DWELLING, TWO- FAMILY: A building on a single lot containing two (2) dwelling units, each which is totally
separated from the other by an unpierced wall extending from ground to roof.
EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so
that the hydraulic capacity of floodplain lands on each side of a stream are calculating proportionate
increases in flood stages.
ESSENTIAL SERVICE FACILITIES: Underground or overhead gas, electrical, steam or water distribution
systems; collection, communication, supply or disposal systems including poles, wires, mains, drains,
sewers, pipes, conduits, cables, water pumping or storage facilities, gas regulation stations, sewer lift or
pumping facilities, traffic signals, hydrants, electrical substations and switching stations, or other associated
equipment and accessories in conjunction therewith, including associated equipment enclosure buildings
(but not including any other buildings or commercial use antenna towers), which systems are owned and
operated by public utilities or by municipal or other governmental agencies for the purpose of providing an
essential service to the public.
FAMILY: An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not
more than five (5) persons not so related, living together as a single housekeeping unit using common
cooking and kitchen facilities.
FENCE: Any partition, structure or wall, or gate erected as a dividing marker, barrier or enclosure and
located along the boundary or within the required yard. All fences are subject to building permit review and
approval.
FINISHED PRODUCT: The end result of a manufacturing process that is ready for utilization or consumption
by the ultimate consumer.
FLOOD: A temporary rise in stream flow or stage that results in inundation of areas adjacent to the channel.
FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may
be equaled or exceeded.
FLOODPLAIN: The areas adjoining a watercourse, which have been or hereafter may be covered by the
regional flood.
FLOODPLAIN CONDITIONAL USE: A specific type of structure or land use that may be allowed in the
floodplain, but only after an in depth review procedure and with appropriate conditions or restrictions as
provided in the official zoning controls or building codes and upon a finding that: a) certain conditions as
detailed in the zoning ordinance e3 and b) the structure and /or land u., :onform to the comprehensive
land use plan if oneexists and are compatible with the existing neighborhood.
FLOODPROOFING: A combination of structural provisions, changes or adjustments to properties and
structures subject to flooding primarily for the reduction or elimination of flood damages.
FLOODWAY: The bed of a wetland or lake and the channel of the watercourse and those portions of the
adjoining floodplains which are reasonably required to carry and /or store the regional flood discharge.
FLOOR AREA: The sum of the gross horizontal areas of the floors of a building or dwelling unit, measured
from the exterior walls, or from the centerline of party walls separating buildings, excluding basements.
FUNERAL HOME: A building that provides facilities for funerals; a chapel for funeral services; rooms for
viewing the remains in caskets (slumber rooms, reposing rooms, viewing rooms, visitation rooms) before
final services or cremation; rooms for preparation of bodies (embalming, cosmetic treatment and clothing of
the deceased); display rooms and storage for caskets; garages for hearses and other equipment; and
administrative offices. A funeral home may include family living quarters for the funeral director /owner.
GARAGE, PRIVATE: An accessory building or an accessory portion of a principal building designed or used
solely for the storage of noncommercial motor vehicles, boats and similar vehicles which are owned and
used by the occupants of the building to which it is accessory.
GARAGE/YARD SALE: The temporary display and sale of goods within the garage and /or driveway of a
residence.
GASOLINE STATION, FULL SERVICE: A structure plus an area of land that is used or designed for the
supply of motor vehicle fuels. For the purpose of this title, this term shall also mean an area or structure used
for greasing, changing the oil, washing or repairing automobiles when such uses are accessory to the
principal gasoline station use.
GASOLINE STATION, SELF - SERVICE: A structure plus an area of land that is designed for the supply of
motor vehicle fuels, where no other automobile services are provided and the fuel is pumped only by the
customer.
GROSS FLOOR AREA (GFA): For the purpose of computing required parking, gross floor area is the floor
area for the building excluding accessory garages, underground parking, areas not enclosed by exterior
walls, mechanical rooms, patios, decks, restrooms, elevator shafts, or stairwells.
GROUP USABLE OPEN SPACE: Open space associated with a multiple - family development that is not part
of a required yard, is relatively free of buildings and is available for recreationaIusage by the residents.
GUESTROOM: A room or group of rooms occupied, arranged or designed for occupancy by one or more
guests for compensation.
HAZARDOUS WASTE: Substances listed as "hazardous" or "toxic" in the comprehensive environmental
response compensation act, 42 USC section 9601 et seq., the resource conservation and recovery act, 42
USC section 6901 et seq., and regulations interpreting such acts, Minnesota statute section 116.06,
subdivision 13 and regulations interpreting such statute or any other federal, state or local law regulating
toxic or hazardous substances.
HEAVY MANUFACTURING: The refinement and storage of raw or unprocessed materials into a finished
product which may be combustible or explosive as well as chemical or fertilizer blending, storage, and
distribution. Such uses may include large unscreened outdoor structures such as conveyor belt systems,
cooling towers, cranes, storage silos, or similar equipment that cannot be integrated into a building design or
large scale outdoor storage. These 1 1ses typically generate noise, odor, vibration, illumination, or particulate
that may be offensive or obnoxiou-- , adjacent land uses and require a ,nificant amount of on site
chemical storage.
HOME OCCUPATION: A gainful occupation conducted in a residential building which is clearly secondary
and incidental to the principal residential use of said building and generates no appreciable increase in traffic
at any time over that customarily associated with a residential use. This occupation shall be carried on only
by the dwelling's occupants. There shall be no stock in trade stored on the premises or over the counter
retail sales.
HOMEOWNERS' ASSOCIATION: A community association, other than a condominium association, which is
organized in a development in which individual owners share common interests in open space or facilities.
HOTEL: A building containing eight (8) or more guestrooms in which lodging is provided with or without
meals for compensation and which is open to transient or permanent guests or both, and where no provision
is made for cooking in any guestroom, and in which ingress and egress to and from all rooms is made
through an inside lobby or office supervised by a person in charge.
IMPERVIOUS SURFACE: A surface that allows very little or no penetration of water or moisture into the soil
or ground. Examples include concrete, asphalt, and various compacted materials including aggregate,
limestone and recycled bituminous. Buildings, rooftops, patios and driveways and any other structure shall
be included for the purpose of calculating maximum lot coverage. Exception: Decks will not be considered
when calculating lot coverage percentage.
INTERIM USE: A temporary use of property until a particular date,until the occurrence of a particular event,
or until zoning regulations no longer permit it.
JUNKED VEHICLE: Any vehicle, as defined in this section, which does not have lawfully affixed or attached
thereto an unexpired state registration or license plate or plates, or the condition of which is wrecked,
dismantled, partially dismantled, inoperative, abandoned or discarded.
LANDSCAPE NURSERY: Land or greenhouses used to grow from seed or seedlings flowers, trees and
shrubs exclusively for sale at wholesale to contractors, jobbers and retailers. Flowers, trees and shrubs
grown outdoors must be grown bare root in the ground and may not be grown aboveground in planters and
the like. Exterior storage is prohibited. Accessory sales are prohibited.
LIGHT MANUFACTURING: The compounding, processing, packaging, treatment, or assembly of certain
materials or products where no process involved will produce noise, vibration, air pollution, fire hazard, or
noxious emission which will disturb or endanger neighboring properties.
LOT: A separate parcel, tract, or area of land undivided by any public street or approved private road, which
has been established by plat, metes and bounds subdivision, or as otherwise permitted by law, and which is
occupied by or intended to be developed for and occupied by a principal building or group of such buildings
and accessory buildings, or utilized for a principal use and uses accessory thereto, including such open
spaces and yards as are designed and arranged or required by this title for such building, use or
development.
LOT AREA: The area of a horizontal plane bounded by the front, side or rear lot lines, but not including any
area occupied by the waters of lakes or rivers or by street rights of way.
LOT, CORNER: A lot which has at least two (2) contiguous sides abutting upon a street for their full length.
LOT COVERAGE: The percent of the lot covered with structures, paved and other impervious surfaces.
LOT DEPTH: The mean distance between the front and rear lot lines. In order to allow flexibility in
determining lot depth for parcels of 1 inusual configuration, lot depth can bp measured by averaging side
property lines or by measuring a st. , ght perpendicular line extending frk the front line to the rear lot line
and passing through the building zone, subject to determination by the community development director or
the director's designee. In no case would the perpendicular line passing through the building zone be less
than the minimum lot depth standard.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: The lines bounding a lot as herein described.
LOT LINE, REAR: Any boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten
feet (10') in length, the rear lot line shall be a line ten feet (10) in length within the lot, connecting the side lot
lines and parallel to the front lot line.
LOT OF RECORD: A lot which is part of a subdivision or plat, an auditor's subdivision or a registered land
survey; or a parcel of land not so platted, for which a deed has been recorded in the Dakota County
recorder's office prior to October 19, 1972.
LOT, THROUGH: A lot where opposite lot lines abut two (2) parallel streets and which is not a corner lot.
LOT WIDTH: The width measured along the front yard setback line.
MANUFACTURED HOME: A structure, transportable in one or more sections, which in the traveling mode, is
eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on the site, is
three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to
be used as a dwelling with or without a permanent foundation when connected to the required utilities;
except that the term herein includes any structure which meets all the requirements and with respect to
which the manufacturer voluntarily files a certification required by the state of Minnesota and complies with
the standards established under this title.
MANUFACTURED HOME PARK: Any premises on which two (2) or more occupied manufactured homes
are located.
MANUFACTURING, CUSTOM: The production and sale on the premises of hand manufactured products
involving only the use of hand tools and domestic mechanical equipment.
MANUFACTURING, GENERAL: All manufacture, compounding, processing, packaging, treatment or
assembly of products and materials that may emit objectionable and offensive influences beyond the lot on
which the use is located. Such uses include, but are not limited to: sawmills; refineries; commercial feedlots;
acid; cement; explosives; flour, feed, and grain milling or storage; meatpacking and slaughterhouses; coal or
tar asphalt distillation; rendering of fat, grease, lard or tallow; alcoholic beverages; poisons; exterminating
agents; glue or size; lime; gypsum; plaster of Paris; tanneries; automobile parts; paper and paper products;
glass; chemicals, crude oil and petroleum products including storage; electric power generation facilities;
vinegar works; junkyard; auto reduction yard; foundry forge; casting of metal products; rock, stone, cement
products; and all uses permitted in the GI general industrial district.
MANUFACTURING, LIMITED: All uses which include the compounding, processing, packaging, treatment or
assembly of products and materials provided such use will not generate offensive odors, glare, smoke, dust,
noise, vibrations, or other objectionable influences that extend beyond the lot on which the use islocated.
Generally, these are industries dependent upon raw materials refined elsewhere. Such uses include, but are
not limited to: lumberyards; machine shops; products assembly; sheet metal shops; plastics; electronics;
general nonalcoholic beverages; signs and displays; printing; publishing; fabricated metal parts; appliances;
clothing; textiles and used auto parts.
MAUSOLEUM: A building or structure designed with vaults to hold many caskets or crematory urns. The
size of a mausoleum could range from an elaborate grave marker for a single burial to a building erected to
house entire families as an alterna , to family grave plots.
MEDIUM MANUFACTURING: The compounding, processing, packaging, treatment, or assembly of certain
products from processed or unprocessed raw materials, where the finished product is noncombustible and
nonexplosive. This manufacturing may produce noise, vibrations, illumination, or particulate that is
perceptible to adjacent land users, but is not offensive or obnoxious. Odors produced on site shall not have a
material negative effect on other businesses or properties in the area. This use shall include any packaging
of the product being manufactured on site. Examples include, but are not limited to, the production of the
following: glass products made from manufactured glass; clay and pottery products; food and beverages;
candy and other confectionery products; computer hardware; products made from rubber, plastic, or resin;
converted paper and cardboard products; fabricated metal products made from semifinished metals.
MEMORIAL PARK: A cemetery developed with gravesite monuments that are flush with the ground surface.
MINERAL EXTRACTION: The extraction of sand, gravel, rock or other such material from the land.
Large Scale Mineral Extraction: Mineral extraction at a scale that would require a mandatory
environmental impact statement as described in Minnesota rules, part 4410.4400 subpart 9 nonmetallic
mineral mining.
Small Scale Mineral Extraction: Mineral extraction at a scale less than would require a mandatory
environmental impact statement as described in Minnesota rules, part 4410.4400 subpart 9 nonmetallic
mineral mining.
MIXED USE DEVELOPMENTS: Development of one tract of land that will include two (2) or more
complementary and integrated uses. All uses will be approved under the planned unit development (PUD)
process.
MONTESSORI SCHOOL: A school for children where the fundamental aim is self- education.
MORTUARY: An establishment with facilities for preparation of the deceased for burial but not for cremation,
for the viewing of the deceased and for funerals.
MOTEL: A building or group of attached or detached buildings under common ownership containing eight (8)
or more guest or sleeping rooms which is used or intended to be used primarily for the accommodation of
transient automobile travelers. This term shall include buildings designated as auto courts, tourist courts,
motor courts, motor hotels and similar names.
MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is assembled
and /or stored for routing in intrastate or interstate shipment.
MULTIPLE - FAMILY DWELLING: See definition of Dwelling, Multiple - Family.
NONCONFORMING USE: A building or use of land which does not conform to the regulations of the district
or zone in which it is situated.
NONHAZARDOUS INDUSTRIAL WASTE: Solid waste generated from an industrial or manufacturing
process. Nonhazardous industrial waste shall not include: liquid wastes not processed at the facility; sewage
sludge, including treated or digested sewage sludge; PCBs; infectious waste; household garbage or refuse;
nonhazardous industrial waste that is economically feasible to recycle; radioactive or nuclear waste;
rendering or slaughterhouse waste; or hazardous waste.
NONHAZARDOUS INDUSTRIAL WASTE CONTAINMENT FACILITY: A facility that accepts and land
disposes of only nonhazardous indi lstrial waste. The facility may accept nonhazardous industrial liquid waste
if such liquids are processed to en: s no free liquids are land disposed . facility shall include containment
cells and all other appurtenances necessary for its operation.
NURSERY SCHOOL: A school for children of preschool age.
NURSING HOME: An extended or intermediate care facility licensed or approved to provide full time
convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are
unable to care for themselves.
OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation,
channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or
change the direction of the flow of water, either in itself or by catching or collecting debris carried by such
water, or that is placed where the flow of water might carry the same downstream to the damage of life or
property.
OFFICE SHOWROOM: A facility in which the handling of information or the performing of administrative
services is conducted as the principal use; including services provided to persons both on site and off site on
a walk -in or appointment basis. Up to fifty percent (50 %) of the gross floor area of the structure may be used
for the display of merchandise and equipment, and its sale to a customer where delivery of purchased
merchandise is made directly to the ultimate consumer from a warehouse.
OFFICE WAREHOUSE: A building with gross floor area consisting of at least fifteen percent (15 %) finished
office space, in addition to warehousing and distribution uses including storage, wholesale, and distribution
of manufactured products, supplies,and equipment, but excluding bulk storage of materials that are
inflammable or explosive or that create hazardous or commonly recognized offensive conditions.
OFFICES, BUSINESS: A building(s) in which business of a nonretail nature and clerical services and duties
are carried out, including corporate offices, banks, credit unions, insurance and real estate offices and
including multiple- tenant office buildings.
OFFICES, PROFESSIONAL: A building in which professional and management duties and services are
carried out, including medical and dental clinics and offices; psychiatrists' and psychologists' offices;
architectural, engineering, planning and legal offices; and similar uses.
OPEN SPACE: Any unoccupied space open to the sky on the same lot with a building.
ORDINARY HIGH WATER LINE (OHWL): A line delineating the highest water level which has been
maintained for a sufficient period of time to leave evidence on the landscape. The ordinary high water mark
is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly
terrestrial.
OUTDOOR STORAGE /DISPLAY: Exterior depository, stockpiling, or safekeeping of all merchandise,
materials, supplies, products (finished or unfinished), equipment, vehicles or trailers, or the like. Outdoor
storage does not include large structures or equipment which: a) are accessory and integral to a permitted
use within the general industrial district, b) refine or store combustible or explosive materials or c) blend,
store and distribute chemicals or fertilizer. Nor shall outdoor storage include required off street parking
areas. Outside storage areas are located within a clearly defined boundary and may be enclosed by a
structure that includes a roof but no side walls or any uncovered areas surrounded by fencing, berming,
landscaping or other screening material.
OVERLAY DISTRICT: An area within a zoning district that has an additional set of restrictions governing
permitted uses with the intent of preserving natural amenities or resources; or, an area within a district or
subdistrict that permits a use or uses, based upon meeting specified criteria, which may not be allowed or
permitted elsewhere in the district because of the absence of said criteria
OVERSIZED RECREATION VEHICLE: A recreation vehicle twenty three feet (23') or more in length or six
thousand five hundred (6,500) pounds or more in empty weight.
PASSENGER VEHICLE: A motor vehicle which meets the criteria for "passenger" class registration and
license plate as established by the Minnesota department of public safety.
PERFORMANCE STANDARD: A criterion established to control noise,odor, toxic or noxious matter,
vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
PLANNED UNIT DEVELOPMENT: An area to be planned, developed, operated and /or maintained as a
single entity and containing one or more land uses or building types, which allows variances from the strict
interpretation of this title in order to achieve other community or design objectives.
PRINCIPAL USE OR STRUCTURE: The main use to which the premises are devoted and the principal
purpose for which the premises exist.
PRIVATE PROPERTY: Any real property within the city which is privately owned and which is not public
property as defined in this section.
PROTECTED WATERS: Any waters of the state which serve a beneficial public purpose, as defined in
Minnesota statutes 1976, section 103G.005. However, no lake, pond or flowage of less than ten (10) acres
in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated
as protected waters for the purposes of shoreland management.
PUBLIC HEARING: An official public meeting for which notice has been published in the official newspaper.
PUBLIC PROPERTY: Any street or highway and includes the entire width between the boundary lines of
every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly
owned property or facility.
PUBLICATION: A notice placed in the official newspaper.
REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a
natural or manmade obstruction. In an urban area the segment of a stream or river between two (2)
consecutive bridge crossings would most typically constitute a reach.
RECREATION VEHICLE: Any vehicle which meets the criteria for "recreation" class registration and license
plate, DNR registration, or trailer registration used for conveyance of recreation vehicles as established by
the Minnesota department of public safety, Minnesota department of natural resources, or this title, including,
but not limited to: travel trailers, stock car trailers, campers, motor homes, tent trailers, vehicles converted to
motor homes, boat trailers, snowmobiles, snowmobile - trailers, boats, personal watercraft, all- terrain vehicles,
and all- terrain vehicle trailers.
RECYCLING OPERATION: An area where used, waste, discarded, or salvaged materials are bought, sold,
exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to, scrap
iron, and other metals, paper, rags, bottlesand lumber. Recycling operation shall not include businesses that
use recycled materials to manufacture a finished product.
REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in
Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the
magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" as
used in the flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION: An elevation not legs than one foot (1') above the
water surface profile associated wi, he regional flood plus any increas, .n flood heights attributable to
encroachments on the floodplain. It is the elevation to which uses regulated by this title are required to be
elevated or floodproofed.
RESIDENTIAL FACILITIES: A residential use defined by chapter 462, Minnesota statutes, which provides
twenty four (24) hour housing for the mentally retarded and physically handicapped and foster care patients.
RIGHT OF WAY: A street, alley or easement permanently established for the passage of persons and
vehicles including the traveled surface of lands adjacent that are formally dedicated to such usage.
ROOMERS: An individual other than a member of the family occupying a dwelling unit who, for rent, is
furnished sleeping accommodations, meals, personal care or other services.
SALES LOT: An outdoor area, not enclosed within a building, that may include allowed temporary structures,
used for temporary display of merchandise for sale, which display is not the principal use of the property but
is in compliance with the requirements of the zoning district in which it is located. Examples of such use
include seasonal display and sale of Christmas trees, gardening or nursery products, consumer fireworks, or
other similar goods.
SELF - SERVICE STORAGE FACILITY: Real property that is designed and used only for renting or leasing
individual storage space in the facility under the following conditions:
A. The occupants have access to their individual storage space only for the purpose of storing and
removing their personal property;
B. The owner does not issue a warehouse receipt, bill of lading, or other document of title for the
personal property stored in the storage space; and
C. The property has two (2) or more individual storage spaces. The term does not include a garage used
principally for parking motor vehicles or any property of a financial institution that containsvaults, safe
deposit boxes, or other receptacles for the uses, purposes, and benefits of the financial institution's
customers.
SELF - SERVICE STORAGE FACILITY STORAGE SPACE: An enclosure, cubicle, or room that is fully
enclosed and equipped with a door designed to be locked for security by the occupant.
SEMIFINISHED PRODUCT: The end result of a manufacturing process that will become a raw material for
an establishment engaged in further manufacturing.
SETBACK: The minimum horizontal distance between a lot line and a building line or use.
SHOPPING CENTER: A group of unified commercial establishments located on a single land parcel and
consisting of not less than four (4) distinct business entities which share or jointly use parking facilities.
SHORE IMPACT ZONE: Lands located adjacent to and within one hundred feet (100) of the OHWL of
public water.
SHORELAND: Lands located within one thousand feet (1,000') of the OHWL of a lake, pond or flowage and
within three hundred feet (300) of a river or stream or the landward extent of a floodway designated by
ordinance and the zoning map on, sh river or stream, whichever is grE ;r. The practical limits of
shorelands may be less than the statutory limits whenever the waters involved are bounded by topographic
divides which extend landward from the OHWL for lesser distances.
SIDEWALK SIGNS: A portable sign for temporary placement on a sidewalk in the public right of way,
intended for a building or business located adjacent to the right of way with no front yard or a front yard that
will not accommodate a permanent freestanding sign as permitted by this title.
SOLAR COLLECTOR: A device, structure or part thereof that transfers direct solar energy into thermal,
chemical or electrical energy and that contributes significantly to a structure's energy supply. To be utilized in
a cost effective manner the collector should be oriented to within twenty two and one -half degrees (221/20)
true south.
SPENT BAUXITE: A nonhazardous industrial waste, consisting primarily of aluminum oxide, aluminum
silicate and silica material.
SPENT BAUXITE DISPOSAL FACILITY: A facility that accepts and land disposes of only spent bauxite. A
facility shall include containment cells, leachate collection systems, monitoring systems and other
appurtenances necessary for its operation.
STREET: A public thoroughfare which affords the principal means of access to abutting property.
STREET LINE: The legal line of demarcation between a street and abutting land.
STRUCTURE: Anything constructed or erected, the use of which requires a location on the ground, or
attached to something having a location on the ground.
TOWER: A structure upon which communication equipment is mounted or attached and including support
devices such as cables, braces, etc.
TOWNHOME: A building on a single lot in a row of not less than two (2) units in which each unit has at least
two (2) walls exposed to the outdoors; no unit is located over another unit; and each unit is separated from
any other unit by one or more vertical common fire resistant walls. In no case shall any unit have in excess
of two (2) party walls.
TRANSIENT MERCHANT: Any person, individual, copartnership, or corporation, either as principal or agent,
who engages in, does or transacts any temporary and transient business in this state, either in one locality or
in traveling from place to place in this state, selling goods, wares and merchandise; and who for the purpose
of carrying on such business, hires, leases, occupies or uses a building, structure, vehicle, trailer, tent or
other portable shelter, or vacant lot for the exhibition and sale of such goods, wares and merchandise. The
term "transient merchant" does not include a seller or exhibitor in a firearms collector show involving two (2)
or more sellers or exhibitors.
TRANSMISSION FACILITIES: Essential service facilities consisting of overhead electric lines in excess of
thirty five (35) kV and supporting structures or natural gas transmission pipelines in excess of two hundred
(200) pounds per square inch.
USE: The purpose or activity for which the land or building thereof is designed, arranged, or intended, or for
which it is occupied or maintained and shall include any manner of performance of such activity with respect
to the performance standards of this title.
USE, PERMITTED BY PUD: A use which is permitted only if the PUD procedure is used and a plan is
formally approved by the city.
USE, PERMITTED BY RIGHT: A use which is unconditionally permitted in the district under which it is listed.
USE, PUBLIC OR INSTITUTIONAL: A government, nonprofit or quasi - public use or institution such as a
church, library, public or private school, hospital or municipally owned or operated building, structure or land
use for public purpose, or a use owned or operated by a nonprofit, religious or eleemosynary institution and
providing educational, cultural, recreational, religious or similar types of public programs.
VEHICLE: Any vehicle which is self - propelled or designed to bepushed or pulled and shall include, but not
be limited to, automobiles, buses, motor bikes, motorcycles, motor scooters, trucks, tractors, go- carts, golf
carts, campers, trailers, boats, planes and gliders.
WETLAND ALTERATION: Any activity that will change or diminish the course, current, or cross section of a
public water.
WETLANDS -: Swamps, marshes or drainage basins as defined in "U.S. Fish And Wildlife Circular No.
39" (1971 edition). For the purposes of shoreland /wetland regulations, wetland types 3, 4 and 5, of at least
two and five - tenths (2.5) acres in size, will be regulated.
YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines and extending
from the abutting front street right of way line to a depth required in the yard regulations for the district in
which such lot is located. On a corner lot the narrowest street dimension shall be the front yard.
YARD, INTERIOR SIDE: A side yard which is not adjacent to a street.
YARD OR SETBACK: A required open space on a lot which is unoccupied and unobstructed from the
ground upward, except as otherwise provided for herein. The measurement of a yard shall be construed as
the minimum horizontal distance between the lot line and the building line.
YARD, REAR: A yard extending along a side lot line between the front and rear yards, having a width as
specified in the yard regulations for the district in which such lot is located.
YARD, STREET SIDE: A side yard which is adjacent to a street.
ZERO LOT LINE HOUSING: Single- family detached dwellings located on individual lots which are
designated to have no setback from one or more lot lines.
ZONING DISTRICT: See definition of District. (Ord. B, 9 -19 -1989; amd. Ord. B -1, 12 -5 -1989; Ord. B -1, 12-
28 -1989; Ord. B -4, 5 -15 -1990; Ord. B -1, 5 -24 -1990; Ord. B -13, 9 -17 -1991; Ord. B -20, 5 -19 -1992; Ord. B -20,
5 -28 -1992; Ord. B -21, 6 -16 -1992; Ord. B -25, 2 -2 -1993; Ord. B -32, 9 -21 -1993; Ord. B -35, 1 -25 -1994; Ord. B-
32, 2 -11 -1994; Ord. B -35, 2 -11 -1994; Ord. B -40, 4 -29 -1994; Ord. B -43, 7 -5 -1994; Ord. B -60, 5 -7 -1996; Ord.
B -59, 5 -24 -1996; Ord. B -64, 8 -23 -1996; Ord. B -72, 11 -5 -1996; Ord. B -74, 11 -5 -1996; Ord. B -90, 7 -15 -1997;
Ord. B -96, 12 -2 -1997; Ord. B -97, 1 -6 -1998; Ord. B -114, 3 -6 -2001; Ord. B -129, 6 -3 -2003; Ord. B -131, 7 -15-
2003; Ord. B -137, 3 -1 -2004; Ord. B -138, 5 -18 -2004; Ord. B -141, 7 -20 -2004; Ord. B -153, 4 -1 -2005; Ord. B-
155, 6 -7 -2005; Ord. B -163, 11 -15 -2005; Ord. B -167, 4 -4 -2006; Ord. B -174, 10 -17 -2006; Ord. B -176, 10 -17-
2006; Ord. B -223, 5 -15 -2012)
C 6 :U N T Y
�t
Physical Diwelopment Division
November 15, 2012
Lynn Thompson, Director
contaminated soil for disposal in the construction and demolition cell (Cell 5) at the
surveyor's Office
Transit Office
Richard O'Gara, President
Dakota county
Western service Center
SKB Environmental, Inc.
14055 Galaxie Avenue
251 Starkey Street
Apple Valley, LIN 55124 -8579
St. Paul, MN 55107
952.891.7000
requirements included in Dakota County Ordinance No. 110, Solid Waste
Fax 952 .18913031
www.dakotacounty.us
Dear Mr. O'Gara:
Environmental Mgmt. Department The Dakota County Environmental Management Department (Department) staff
Office of GIs
has reviewed the request made by SKB Environmental Inc, (SKB) to accept
Parks and open space Department
contaminated soil for disposal in the construction and demolition cell (Cell 5) at the
surveyor's Office
Transit Office
SKB Rosemount facility. The Department staff review process took into account
Transportation Department
SKB's submittals; current liners stems at Dakota County landfills, as well as Dem-
y ty
Water Resources Department
Con, Veit Vorico 11, -and Veolia Rolling Hills; literature review of liner systems;
permit and licensing requirements at the above mentioned landfills; and the
requirements included in Dakota County Ordinance No. 110, Solid Waste
Management (Ordinance 110).
The acceptance of contaminated soil in Cell 5 would constitute a major
modification and would require SKB to obtain a new license pursuant to Ordinance
110, Section 3.13 (C). This new license requires County Board approval. If SKB
decides to pursue a major modification to accept contaminated soil, the
Department, would support the application as long as it is limited to the
contaminants and levels outlined below.
Metals
SKB proposes the acceptance of contaminated soil with heavy metal
contamination up to 50% of the.hazardous waste level. Currently, this level is
allowable at the two sanitary landfills located in the County, both of which have
composite liners. The liner system in Cells 513 and 5C of the SKB demolition cell
consists of a single 60 mil geo- membrane plastic liner. The single liner is not as
protective of the environment as a composite liner, and as a result Department
staff recommends a metal concentration limit no higher than 25% of the hazardous
waste level.
Petroleum
SKB proposes the acceptance of petroleum contaminated soil up to 5,000 ppm.
Department staff recommends this level for petroleum because it is relatively low
compared to the existing MPCA limits at most landfills that accept industrial waste
in Minnesota.
PAHs
SKB is proposing no limit on PAHs since they are not currently regulated at any
Other landfill in Minnesota. Department staff remains concerned about the
carcinogenic effect of many of the PAHs on human health, but recognize the
difficulty in regulating disposal of this material in a landfill. As a consequence,
Department staff does not recommend .0 disposal limit for PAHs, but expects SKB
to follow the employee exposure limits set by the MPCA and OSHA.
10
..
VI_X%P. w
AN&- AXtF""w M&1P0"
If SKB wishes to pursue the major modification as described above, please
complete the enclosed Solid Waste Facility License Renewal /Modification
Application and return it to the Department. The license application fee for a
Demolition Landfill, Type A, if the application is received this year is $2,137.
After the Department receives the application, staff will review the application for
conformance with the requirements described in this letter. If the application is
adequate and upon confirmation that SKB has obtained any necessary approvals
from the MPCA and the City of Rosemount, County staff will prepare a
recommendation to the County Board that the SKB Rosemount demolition landfill
license be modified to reflect the above limits.
If you would like to discuss the limits recommended by Department staff, please
contact Mike Lynn at michael.Ivnn(a)co.dakota.mn.Lis or (952) 891 =7025. If you
have any questions about the application, please contact Dave Magnuson at
dave.magnuson@co.dakota.mn.us or (952) 891 -7551.
Sincerely,
Jeff Harthun
Director, Environmental Management Department
Dakota County
Enclosure
Cc: Eric Zweber, City of Rosemount
Cc: Daniel Aamodt,'MPCA
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
FEBRUARY 26, 2013
c. SKB Environmental, Inc. Request for Zoning Ordinance Text Amendment (13- 09 -TA). Senior
Planner Zweber stated that SKB Environmental has requested that Dakota County allow some
industrial waste to be deposited in their construction and demolition (C &D) cell. The Minnesota
Pollution Control Agency (PCA) allows up to 50% industrial waste to be disposed in a C &D landfill.
Dakota County staff is recommending that SKB be allowed to dispose of contaminated soils that are
no higher than 25% of the hazardous waste level within the C &D cell; the County is allowing up to
50% of the acceptable waste to be placed in the C &D cell. The Rosemount Zoning Ordinance does
not allow for material other than C &D waste to be disposed of in the C &D cell. SKB has requested
an amendment to the Rosemount Zoning Ordinance to amend the definition of Construction
Demolition Waste Facility to state that the Facility could take both C &D waste and industrial waste,
consistent with the regulations of Dakota County.
Commissioner Miller asked what the process would be if the waste was 26% of hazardous waste
level rather than the 25% allowed. Also, Commissioner Miller asked for clarification of the
definitions of construction debris, special waste and discarded machinery and how the City will
cross - reference the terms and definitions back to the Minnesota rules. Mr. Zweber stated that
material between 26% and 99% of the hazardous waste level would be deposited into the industrial
waste cells. Mr. Zweber discussed the definitions and stated that the City ordinance cannot be less
stringent than the State or County rules.
Commissioner Weber asked for clarification on the different cells and what type of waste allowed in
each cell. Mr. Zweber described the different cells and stated the cells are constructed differently to
handle different levels of waste.
Commissioner Husain asked the waste process of a washing machine if it was brought to the site
and Mr. Zweber responded the washing machine was a recyclable item not processed at the SKB
site.
Applicant, John Domke, 13222 Downey Trail, divisional landfill manager at SKB / Waste
Connections was present at the meeting. Mr. Domke stated that SKB cannot accept washing
machines which are considered white goods and need to be taken to a licensed recycling facility.
Chairperson Powell asked if allowing the asbestos at the SKB site would be setting a precedent for
other sites. Mr. Zweber stated that there is only one other C &D site operating in Rosemount and it
is also owned by SKB. Chairperson Powell then asked for clarification of how concrete diamond
grinding and saw slurry will be handled and Project Olson explained the onsite construction process
of managing those materials.
The public hearing was opened at 7:59p.m.
There were no public comments.
MOTION by Powell to close the public hearing.
Second by Weber.
Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 8:OOp.m.
MOTION by Weber to recommend the City Council approve the following Zoning
Ordinance Text Amendments:
1. Amend the Definitions of Construction Debris, Construction Demolition Waste Facility,
and Nonhazardous Industrial Solid Waste.
2. Add the Definitions of Composting, MSW Incinerator Ash, Recycling, Solid Waste,
Special Waste, Waste Processing, Waste Processing Facility, and Waste Transfer Station.
3. Add Waste Processing Facility and Waste Transfer Station to the Uses Permitted by
Interim Use Permit within the WM: Waste Management Zoning District.
Second by Powell.
Ayes: 4. Nays: None. Motion approved.