The Joint Planning Board of the Town of Becker, makes the following:

SECTION 1. Findings

1. The Town of Becker is bisected by U.S. Hwy. No. 10, County State Aid Hwy. No. 23, and other major traffic-generating corridors, which attract commercial and industrial land uses and development.

2. Commercial, industrial and residential land development within the Town of Becker is being accelerated by similar development in the adjoining cities of Big Lake and Becker, lying to the east and south of the Town.

3. The Town of Becker has prepared and adopted a comprehensive land use plan and a zoning ordinance, which is in need of revisions to the provisions controlling the methods and locations of the mining of earthly deposits

4. The Town of Becker has a need to independently plan for its future growth and development in order to provide for a safe, pleasant and economical environment for residential, commercial and industrial activities, to preserve agricultural land and open space, and to promote the public health, safety and welfare of the citizens of the Town.

5. The Town Board of the Town of Becker has undertaken a study of the methods and location of the location, mining and extraction of earthly deposits and needs additional time to complete the study.

6. Various lands within the Town may be affected by the existing comprehensive plan and zoning ordinance and may develop in ways inconsistent with the comprehensive plan and zoning ordinance, and the Town Board finds that an interim ordinance is necessary to protect the planning process and the health, safety and welfare of the citizens of the Town.

7. Minnesota Statutes, §462.355, Subd. 4, in conjunction with §462.352, Subd. 2, 394.33 and 394.32, provide authority for the Town, to adopt an interim ordinance for the purpose of the protecting the planning process and the health, safety and general welfare of the citizens of the Town, while the Town is conducting studies, or has authorized studies to be conducted for the purpose of considering the drafting of changes to the methods and location of the mining and extraction earthly deposits. 

8. The interim ordinance may regulate, restrict or prohibit any mining or extraction of earthly deposits in any location within the Town for a period not to exceed six months from its effective date, and provides the Town with authority to extend the scope of the interim ordinance for such additional periods as may be provided by statute.

9. This interim ordinance was given final approval by the Town Joint Planning Board at its regular meeting on July 22, 2014. 

SECTION 2. Intent

It is the intent of the following ordinance to permit the Town of Becker the time to complete the studies, to draft and adopt provisions controlling mining or extraction of earthly deposits in any location within the Town which the Town finds to be prudent and necessary, and in the interim to protect the orderly, economic and safe use and development of land and buildings within the Town and to protect the Town’s planning process and the health, safety and welfare of its citizens.

SECTION 3. Ordinance

Upon the foregoing Findings and Intent, the Joint Planning Board of the Town of Becker, does ordain as follows:

1. Pending the completion of the study of mining or extraction of earthly deposits in any location within the Town no mining or extraction of earthly deposits in any location within the Town, nor an application therefor shall be permitted or approved on land lying within the Township borders.

2. This ordinance shall apply to any land use described in the preceding paragraph from and after August 26, 2014, and shall be in full force and effect from and after its passage and publication according to law, and shall remain in effect until the date of final approval of the amendments to the comprehensive plan, the zoning ordinance or other official controls contemplated herein, or February 26, 2014, whichever occurs first.

3. Any person, firm, corporation or other entity which violates or refuses to comply with any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, may be punished with a maximum fine of One Thousand Dollars ($1,000.00) or ninety (90) days in jail, or both.  Each day of continued violation shall constitute a separate offense.  This ordinance may also be enforced by appropriate injunctive relief.

4. No existing, properly permitted mining or extraction of earthly deposits shall be affected by this ordinance.

Adopted by the Joint Planning Board of the Town of Becker, Sherburne County, Minnesota, on July 22, 2014.

JOINT PLANNING BOARD, TOWN OF BECKER

Published in the official newspaper the 25 day of July, 2014.

Attest by Lucinda Messman, Town Clerk

(Published in the Sherburne County Citizen: 07/26/14.)