Fillable Application For Conditional Use Permit (Billings County Courthouse)

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Application For Conditional Use Permit (Billings County Courthouse)

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BROWSE BILLINGS COUNTY COURTHOUSE (ND) FORMS

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BILLINGS COUNTY APPLICATION FOR A CONDITIONAL USE PERMIT
MINING: SCORIA, GRAVEL, SAND, ROCK, STONE, CLAY
APPLICATION:_________
DATE ISSUED:_________ EXPIRES:_________
TAX EQUALIZATION & ZONING OFFICE
PHONE: (701) 623.4810 ● FAX: (701) 623.4761
495 4
TH
STREET ● PO BOX 247 - MEDORA, ND 58645-0247
www.billingscountynd.gov/BillingsCountyZoning.htm
stswanson@nd.gov jhammerstrom@nd.gov REVISED: 3/2015
INSTRUCTIONS:
1. Include all necessary drawings or maps of
the property to application
2. Return completed application and fees to
the Tax Equalization & Zoning Office
before proposed upcoming zoning meeting
which is posted online
CERTIFICATE FEES, CHECK ALL THAT APPLY:
$ 200.00.................. Conditional Use Permit
$ 100.00 ............. ARW Construction Permit
$________ ........................................... Total
Make Check Payable to: Billings County
TO THE BILLINGS COUNTY PLANNING & ZONING COMMISSION:
The undersigned owner or representative of the property herein described Requests a Conditional Use
Permit to construct, operate, or maintain the following: (attach additional sheets if necessary)
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Acreage to be Mined: ___________________________ Estimated Cubic Yards of Aggregate: _________
LEGAL DESCRIPTION OF SITE:
Qtr/Qtr: _________ Section: _________ Township: ______________ Range: ______________________
PARCEL NUMBER:__________- _________ - _________ - __________
CURRENT ZONING: Agricultural Hillside & Ridgeline Overlay District* ______________________
APPLICANT INFORMATION: Name: ________________________________________________________
Company or Corporation: _________________________________________
Mailing Address: ________________________________________________
City, State Zip: ________________________________________________
Phone Number: ____________________ Cell: ________________________
I the undersigned applicant for a permit do hereby attest that the information contained in this application
is truthful and correct to the best of my ability. I certify that the owner of the property (if different from
the applicant) has been notified of this request and is in agreement. I further agree to comply with all
codes and standards as regulated by the State of North Dakota, and the requirements and conditions of
this permit, and the Zoning Ordinance of Billings County. I understand that any inappropriate use of this
permit may cause me to be required to pay a penalty.
I certify that I am the Property Owner Mine Operator
____________________________________________________________________________________
Signature of Applicant Date
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BILLINGS COUNTY APPLICATION FOR A CONDITIONAL USE PERMIT
MINING: SCORIA, GRAVEL, SAND, ROCK, STONE, CLAY
PAGE 2
5.1.2(k) Excavation and Mining of Sand, Gravel, Rock, Stone, Scoria, and Clay
All mining and excavation sites shall be located so as to protect and preserve agricultural land and to minimize the traffic, noise,
dust, fumes, vibration impact on adjoining uses, and disruption of known water sources. The provisions of this section shall not apply
to any excavations for agricultural purposes or for uses requiring less than 5,000 cubic yards of aggregate.
An applicant for a conditional use permit to excavate or mine sand, gravel, rock, stone, scoria, or clay shall meet the following
requirements:
1) Provide the County Zoning Administrator with a site plan for operation and reclamation of the mined land, including
maps showing the location of the land to be mined; the location of roads and points of access to the site; maps
showing the existing and proposed contours after the land is mined; and a timetable for operation of the site.
2) Provide the County Zoning Administrator with evidence of written agreement between the applicant and property
owner that excavation or processing shall not take place within three hundred (300) feet of an adjacent property line
or within five hundred (500) feet of an existing residence.
3) Conform to all requirements regarding preservation, removal or relocation of historical or archaeological artifacts.
4) Demonstrate compatibility with the existing landform including the vegetation, surface, and ground water resources.
5) All mining and excavation sites must have at least a 1-to-3 slope.
6) Provide the County Zoning Administrator with written evidence of a reclamation agreement between the applicant and
the surface owner.
7) Reclamation of the site shall be completed within one year of the resource being exhausted, abandoned, or closure of
the operation of the site. All top soil shall be replaced and planted to natural protected vegetation.
8) Post bond as follows:
0 - 19 acres no bond
20 – 39 acres $ 50,000
40 + acres $100,000
3.8 HIGHWAY & LOT LINE SETBACK REQUIREMENTS:
All buildings or structures shall adhere to the following public road or highway setback requirements:
1) The minimum setback for buildings from the centerline of all section lines and the center line of county roads shall be
one hundred three (103) feet.
2) The minimum setback for buildings from the centerline of all state highways shall be two hundred fifty (250) feet.
*5.6.1 APPLICABILITY OF HILLSIDE AND RIDGELINE GUIDELINES
The provisions of this section shall apply to any application for a land use permit or subdivision on land that meets either of the
following two conditions:
1) Any portion of the building envelope that includes slopes in excess of fifteen (15) percent;
2) Land that is located on or within fifty (50) vertical feet of the elevation of any prominent ridgeline. Lands that meet
either of these two provisions are herein referred to as hillside land or ridgeline land, respectively.
5.6.2 Prominent Ridgeline Defined
A prominent ridgeline shall be defined as any ridgeline, as viewed from any point along a designated major roadway corridor which
create a silhouette with the sky. The currently designated roadway corridors are Interstate 94, including all business loops and US
Highway 85, and all county roadways. Other potential major roadway corridors from which to identify prominent ridgelines, whether
existing or proposed at the time a subdivision or land use permit application is submitted, may be designated by the Planning and
Zoning Board during the development review process. These new major roadway corridors shall then establish view points from
which to identify prominent ridgelines.
TO BE COMPLETED BY THE ZONING DIRECTOR
Is the proposed use openly permitted in the Zoning District in which it is proposed? Yes No
If not, mark appropriate box(es): Conditional Use Variance Rezoning
Recommendation by District Road Foreman: Approved Denied With Conditions, see attached
Recommendation by County Weed Board: Approved Denied With Conditions, see attached
Zoning Administrator Signature Date
ACTION BY THE COUNTY PLANNING & ZONING BOARD & BOARD OF COUNTY COMMISSIONERS
Approved Denied by Zoning ________ Approved Denied by County Commission __________
Conditions Attached to this Permit:
WEED CONTROL PLAN TO BE SUBMITTED WITH ZONING APPLICATION:_________
BILLINGS COUNTY WEED CONTROL BOARD INSTRUCTIONS:
PO BOX 168 - MEDORA, ND 58645-0168 Include photos or a map of the property
PHONE: (701) 575.2215 Contact the BCWCB for approval of plan
Website: www.bcwcb.com Email: bcweed09@live.com
APPLICANT: Name: ____________________________________________________________________
Phone: ________________ Cell: _____________________ Email: ____________________
OWNER: Same as above Name:______________________________________________
LEGAL DESCRIPTION OF PROPERTY: Parcel Number: __________ - __________ - __________ - _____
Lot: ________________ Block: ______________ Subdivision: _______________ Acreage: __________________
Qtr/Qtr: ____________ Section: ____________ Township:_________________ Range: ___________________
Existing Land Use: ____ __________________ Proposed Land Use: _________ _________________________
The applicant and all interested parties will cooperate to monitor and control the following
invasive and noxious weeds as prescribed by the ND Century Code and Billings County:
Canada Thistle
Diffuse Knapweed
Leafy Spurge
Musk Thistle
Purple Loosestrife (Lythrum)
Russian Knapweed
Spotted Knapweed
Yellow Toadflax
Dalmatian Toadflax
Salt Cedar
Hoary Cress (white top)
Field Bindweed (creeping jenny)
Houndstongue
Black Henbane
Common Burdock (wild rhubarb)
Absinth Wormwood (American or common wormwood, mugwort, madderwort, or wormwood sage)
Method of Control: Mechanical Chemical_____________________ Biological Other____________
(Check all that apply) (Herbicide)
Area(s) of Concern & Type of Weeds:
Acreage
Method of Control
Date Treated
____________________________________________________________________________________
Signature of Applicant Date
____________________________________________________________________________________
Signature of BCWCB Officer Date
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BILLINGS COUNTY
HAUL ROAD AGREEMENT
THIS HAUL ROAD AGREEMENT is entered into by and between Billings
County, North Dakota, and of
in consideration of mutual covenants contained herein.
It is agreed to by and between the parties that the Contractor can use, as and for a
road to haul materials to and from the areas referenced below, the following road/roads as
a Haul Road; this/these road/roads being
Restrictions on the use of this/these road/roads are as follows: The road must be
restored to the original condition or better than was recorded during the pre-haul road
inspection conducted on . Contractor must also provide a
performance bond to cover any damages that may occur to the road/roads or
bridge/bridges. (List any additional items to be included below)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
It is agreed that the maintenance and restoration of this/these haul road/roads shall
conform with the specifications as set forth in the most current Standard Specifications
for Road and Bridge Construction as adopted by the North Dakota Department of
Transportation, Bismarck, North Dakota, and all amendments thereto as well as meet
other requirements set forth in this agreement.
It is agreed that while using this/these haul road/roads, the speed limit for trucks
will be with an pound limit on this/these road/roads. It is
the responsibility of the Contractor to adhere to all legal load limit requirements per their
particular truck configurations and capacities. During annual road restrictions this
agreement is null and void, unless otherwise stated above under special restrictions.
It is agreed that the above referenced segment/segments of road shall be subject to a
pre-haul inspection by the Billings County Highway Superintendent and its engineers.
There will also be a post-haul inspection. The contractor shall pay 50% of all costs for
completing the pre-haul and post-haul inspections.
That and its subcontractors shall be financially responsible to Billings
County for the maintenance and restoration of the haul road/roads for damage attributable
to hauling of materials, transporting and traversing of equipment in accordance with the
above referenced specifications.
The North Dakota Department of Transportation agreed it shall not sign off on a
haul road release until Billings County is satisfied that the road has been restored or
maintained in accordance with Billings County’s recommendations, if the project
involves the North Dakota Department of Transportation.
It is further agreed, that any improvements to or widening of the road necessitated
by the Contractor’s operations, including but not limited to, modification of roadway
approaches to accommodate transport vehicles, shall be considered incidental to the
hauling performed and shall be made at the Contractor’s sole expense unless otherwise
authorized in addendum to this agreement. Any such improvement shall be requested
and authorized by Billings County as a separate request from the Contractor and said
improvements are not authorized by this agreement.
It is further agreed, that any snow removal completed by , on the
above described road/roads shall meet the reasonable and acceptable standards as
prescribed by Billings County.
It is further agreed, that while hauling is in progress, if an Engineer for Billings
County or the Highway Superintendent for Billings County believes that there is
substantial evidence of present damage to the road occurring, that the hauling shall
immediately cease upon the order of the Billings County Highway Superintendent in
order for the contractor to provide appropriate repairs to the road/roads and/or
bridge/bridges. In the event a hazardous road condition is identified by Billings County,
the contractor will have 24 hours after notification by Billings County to complete the
repair of the hazardous condition or properly sign the area according to the Manual on
Uniform Traffic Control Devices currently adopted by the North Dakota Department of
Transportation. Failure to complete the repair will allow Billings County employees or a
qualified contractor, as determined by Billings County to complete the repair and forward
the invoice to for payment and/or reimbursement.
agrees to defend, indemnify and hold harmless Billings County and
its commissioners, trustees, administrators, employees, engineers and representatives
(collectively the “Indemnified Party”) against any and all losses, claims, damages,
expenses and liabilities (including reasonable attorneys’ fees) for physical damage to the
road/roads and bridge/bridges arising out of the obligations identified in this agreement
and for physical injury to any person to the extent resulting from or arising out of:
1. Any operations or activities of on the road/roads and
bridge/bridges of the Billings County that give rise to the obligations identified
in this agreement;
2. Any negligent or willful misconduct on the part of in
connection with any operations or activities of on the
road/roads and bridge/bridges of Billings County that give rise to the
obligations identified in this agreement; or
3. Any breach of this Agreement by . Furthermore,
agrees to defend, indemnify and hold harmless the
Indemnified Party from any third party claims arising out of the terms and
conditions of this Agreement. This indemnification obligation shall survive the
termination of this Agreement.
shall procure and endeavor to maintain in effect throughout the
duration of this Agreement, and for a period of two (2) years thereafter, insurance
coverage not less than the types and amounts specified below.
Certificates of Insurance shall be provided to Billings County and shall list the Billings
County as an additional insured.
General Liability – not less than $1,000,000
Automobile Liability not less than $1,000,000
Worker’s Comp – Statutory
must maintain the required insurance coverage in force at all
times; its failure to do so will not relieve it of any liability or contractual obligation or
responsibility. In the event of failure to maintain the required
insurance, Billings County may order to immediately stop work
and upon seven (7) day’s notice and an opportunity to cure, may pursue its remedy for
breach of this Agreement as provided herein and by law.
The laws of Billings County, North Dakota shall govern this agreement, and any
legal proceeding regarding this agreement shall be brought in the District Court of
Billings County, North Dakota. Further, by performing these services in Billings County,
North Dakota, hereby submits to the jurisdiction of the District
Court of Billings County, North Dakota.
The hauling of materials on
shall cease as soon as materials to be hauled to the have
been delivered. The hauling shall commence on or after ; and that this
agreement shall be in effect until a projected date of , unless sooner
revoked by Billings County.
Applicant (Representative, Company)
Applicant Address (Address, City, State, Zip)
Phone Number(s) of Applicant
Email
Dated this day of 20
By:
Its: Highway Superintendent, Billings County
Attest:
Dated this day of 20
By:
(Name of Contractor)
Attest:
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Application For Conditional Use Permit (Billings County Courthouse)

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Completed 17 July 2020

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