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Special Use Permit submittal B Salt delivered via rail shall be from bottom -drop rail cars and off-loaded into a concrete pit with containment slab. Only rubber -tired loaders equipped with OSHA ap- proved "shoosh" back-up alarms shall be used to load salt into the shed and onto trucks. C Rail car off-loading shall not exceed 6 hours per delivery and uncoupling/coupling of rail cars shall be minimized so as not to unreasonably disturb adjacent and nearby uses. D. The road salt pile must be included in the calculations for the amount of land area to be occupied by piles under 2(F) above if this use is utilized in conjunction with an ag- gregate crushing and recycling with associated materials storage use. E. No more than 13.500 tons of salt shall be brought onto the prrop- eedy is any calendar year. F Salt tonnage per delivery and delivery dates and times shall be fogged and made available for re view to ensure compliance with this section. No salt deliveries shall be made between the hours of 9pm- 8am. No weekend or holiday deliv- eries are permitted. G. An Environmental Storm Water Sampling Program shall be reviewed and approved as part of the Special Use Permit and shall be commissioned to ensure road salt activity is not negatively impacting down gradient storm water recep- tors. Such program shall be re- opened and/or revised as necessary throughout the life of the special use to ensure salt storage activities do not negatively impact down gradi- ent storm water receptors. H. Failure to strictly comply with the specific requirements in this Paragraph (4) shall not constitute a violation if the item of noncompli- ance is, in the City's determination nominal or is due to factors beyond the reasonable control of the busi- ness such as weather or equipment failures. Howeverr, no flexibility shall be allowed with respect to the total limits established in this Paragraph (4) for total square footage of sheds and total amount of salt brought onto a property. Section 6-810. Procedure and Amendments. (1) The procedure for consider- ation of uses under this Article is as set forth in Sections 8-110 through 8-130 and Sections 8-240 through 8-260. The Special Use shall not be considered unless the conditions of Section 7-800 and the findings of Section 8-130 are met. (2) A special use permit may be denied if the City Council deter- mines the potential impacts of the proposed use, when taken together with the existing uses on a property would cumulatively result in nega- tive impacts on the environment surrounding properties or public in- frastructure that cannot be reason- ably avoided or mitigated through the imposition of conditions on a special use permit. (2) (2) It is recognized that from time to time the nature of a use al- lowed by this Article may need to be altered from the original approval. Any change in the use from the orig- inal approval shall be considered an amendment and be reviewed in ac- cordance with procedure outlined in paragraph (1) above. Adopted this 26th day of May, 2015 by the New Brighton City Council with a vote of 4 ayes and 1 nay. BY THE CITY COUNCIL Dave Jacobsen, Mayor Dean R. Lotter, City Manager ATTEST: Terri Haarstad, City Clerk SEAL 6/5/15, 3SF3, Ordinance No. 832, 402340