5.2. SR 04-16-2007
ITEM 5.2.
MEMORANDUM
TO: Mayor & City Council
FROM: Rebecca Haug, Environmental Administrator
DATE: April 16, 2007
SUBJECT: 2006 NPDES Permit Update
The City of Elk River was required by the Minnesota Pollution Control Agency (MPCA)
to apply for the National Pollutant Discharge Elimination System (NPDES) General
Storm Water Permit by March 10,2003. A requirement of the permit is to hold public
meetings such as this, every year.
The permit requires the city to develop and implement Best Management Practices
(BMPs) and achieve measurable goals to satisfy six minimum control measures. The six
goals are Public Education and Outreach; Public ParticipationlInvolvement; Illicit
Discharge Detection and Elimination; Construction Site Runoff Control; Post
Construction Runoff Control; and Pollution Prevention/Good Housekeeping.
The City was able to meet goals in each of the six measures. Some examples are:
I. Storm Water Survey to all residents
2. Website link for storm water related information
3. Continuance of licensing lawn care professionals
4. Inspections of plats to ensure erosion control measures are being taken
5. Inspections of storm drains (20% required each year)
6. Frozen Ground Condition Agreement
7. City contracted with BDM for an Erosion Control Inspector
8. Cooperative project with Cretex for storm water quality
9. Worked with Elk River Ford on constructing bio retention ponds in their
expansion area
10. Worked with the library project on designing low impact storm water
management
11. Member of the Minnesota Cities Stormwater Coalition
Another component of the permit is to adopt a Storm Water Ordinance. City staffhas
drafted a storm water ordinance and it is attached in your packet. The City currently has a
section in the ordinance on Erosion and Sediment Control (sec. 30-416) however; it does
not cover all of the areas we are required to under the NPDES pennit. Staffhas also
revised this section and it is also attached in your packet. It is much more detailed as to
what the requirements are. The proposed Storm Water Ordinance is new. The language
contained in this ordinance is similar to a majority of other communities such as
Woodbury, Valley Branch Watershed District, Brown's Creek Watershed District, and
Ramsey-Washington Metro Watershed District.
One of the key components of this ordinance is to comply with the State's goal of
obtaining a pollutant loading water quality model that will provide, at minimum, changes
in Average Annual Flow Volume, Total Suspended Solids and Phosphorus. This
modeling will be based on two time periods: from 1988 (1988-1990) to the present
(2000-2005), and from the present to 2020 or ultimate development, whichever occurs
first. The following are the levels to be obtained with development:
. Reducing the amount of phosphorus by 60010 for new developments and 40% for
redevelopment that do not currently meet 60%.
. Volume control measures to determine infiltration rates prior to approval of plans
. 60010 removal of Total Suspended Solids
. Both ordinances refer to the City's Engineering Design Guidelines for other
design criteria
Staff held a public meeting for builders, developers, excavators, and small utility
contractors on Wednesday, February 28, 2007 as well as several staff meetings to review
the proposed ordinance. The attendees were asked to provide comments and the city did
not receive any.
Staff is requesting the Council review the attached ordinances. Staff will be at the May
7t11 meeting to request approval of the ordinances.
City of Elk River
DIVISION X. STORM WATER MANAGEMENT
Sec. XX. Generally
(a) The putpose of this division is to set forth the minimum requirements for storm water
management that will diminish threats to public health, safety, public and private property
and natural resources of the community by establishing standards including:
1) Protect life and property from dangers associated with fIo
oad rates to waters compared
d a me of forty (40) percent reduction
that do not currently meet the sixty (60)
onstruction where practicable.
2) Protect public and private property from damage re
3) Ensure site design minimizes the generation 0
areas for storm water treatment; .
4) Promote regional storm water mana
5)
6)
7)
(b) No perso
withou
fro ~
deveJop
from ille
rest , commercial, industrial, or institutional uses
management measures that control or manage runoff
g the storm drain system generated on any
ds ess explicitly exempted by the city shall be protected
and illegal connections.
Section XX. Definitions.
Unless specifically d ed below, the words or phrases used in this ordinance shall have the
same meaning as they have in common usage. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number include
the singular number, and words in the singular number include the plural number. The
words "shall" and "must" are always mandatory and not merely directive.
Af2Plicant means any person or entity that applies for a building permit, subdivision approval,
or a permit to allow land-disturbing activities. Applicant also means that person's agents,
employees, and others acting under this person's direction.
I
Best Management Practices (J3MP'si means erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling,
preventing, and minimizing the degradation of surface water, including
construction-phasing, minimizing the length of time soil areas are exposed, prohibitions,
and other management practices published by state or designated area-wide planning
agencies. (Examples of BMP's can be found in the current versions of the Minnesota
Pollution Control Agency's publications, ''Protecting Water Quality in Urban Areas," and,
"Storm-Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential
Impacts of Urban Storm-Water and Snow-Melt Runoff on Wedands," the United States
Environmental Protection Agency's, "Storm Water Management for Construction
Activities: Developing Pollution Prevention Plans and Best Mana 'l Practices," (as a
reference for BMP's) and the Minnesota Department of Trans on's, "Erosion Control
Design Manual.")
Erosion Control Ref,
stabili2ation practice
construction phasing.
B!(/fer means a protective vegetated zone located adjac
water of the state, that is subject to direct or indirec
an integral part of protecting an aquatic ecosyst
providing adjacent habitat The width of a bu '
stream. Therefore, a 30- foot wide stream with 100
feet. Acceptable buffer vegetation includes preserving
and/or planting locally distributed nati.. . nesota trees,
Alteration of buffers is stricrly limited. as are des'
ce, such as a
buffer strip is
Discharge means the
including snowme
at pipe oudets to prevent erosion.
to; aprons, riprap, splash pads, and gabions that are
t wears away the surface of the land by the action of water,
an be accelerated by the activities of people and nature.
ethods employed to prevent erosion. Examples include soil
orizontal slope grading, temporaty or permanent cover, and
Erosion and Sediment Practice 5 tJecifications or Practice means the management procedures,
techuiques, and methods to control soil erosion and sedimentation as officially adopted by
either the state, county, city or local watershed group, whichever is more stringent.
Exvosed Soil Areas means all areas of the construction site where the vegetation (trees,
shrubs, brush, grasses, etc.) or impervious surface has been removed, thus rendering the
soil more prone to erosion. This includes topsoil stockpile areas; borrow areas and
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disposal areas within the construction site. It does not include stockpiles or surcharge areas
of gravel, concrete or bituminous. Once soil is exposed it is considered "exposed soil,"
until it meets the definition of "final stabilization."
Filter Stribs means a vegetated section ofland designed to treat runoff as overland sheet
flow. They may be designed in any natural vegetated form from a grassy meadow to a small
forest. Their dense vegetated cover facilitates pollutant removal and infiltration.
Final Stabilization means that all soil disturbing activities at the site have been completed,
and that a uniform perennial vegetative cover with a density of seven
the cover for unpaved areas and areas not covered by permanent
established, or equivalent permanent stabilization measures ha
sowing grass seed is not considered final stabilization. (E
practices can be found in the current version of the Minn
Transportation's publication, "Supplemental Specifica .
Standard Specifications for Construction.")
-five (15) percent of
. es has been
e;"ployed. Simply
egetative cover
nt of
latest update)
H,)'dric Soils means soils that are saturated, flo e
growing season to develop anaerobic conditions in
I-f.Vdrob/{ytic Vegetation means Macroph
plant life growing in water, soil or on a
oxygen as a result of excessive water con
Im.beroious S urJace means
of water into the soil,
increased rate of fl
sidewalks, patios,
roads.
prevents or retards the entry
the s ce in greater quantities and at an
ment. Examples include rooftops,
i!as, and concrete, asphalt, or gravel
d change that may result in soil erosion from water
fito or upon waters or lands within this
u aring & grubbing, grading, excavating, transporting
ontext of this rule, land disturbance activity does not mean:
dens, minor landscaping, repairs, and maintenance work.
B.) Constru , installation, and maintenance of fences, signs, posts, poles,
and electric, telephone, cable television, utility lines or individual service
connections to these utilities, which result in creating under five thousand
(5,000) square feet of exposed soil.
C) Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural
(forestry) crops.
D.) Emergency work to protect life, limb, or property and emergency repairs,
3
unless the Land Disturbing Activity would have otherwise required an approved
erosion and sediment control plans, except for the emergency. If
such a plan would have been required, then the disturbed land area shall be
shaped and stabilized in accordance with the city's requirements as soon as
possible.
Native Vegetation means the presettlement group of plant species native to the local region,
that were not introduced as a result of European settlement or subsequent human
introduction.
Ordinm;y High Water Mark means the boundary elevation whe
predominately aquatic (Where "aquatic" broadly means that
conditions.) to terrestrial This elevation delineates the
maintained for a sufficient period of time to leave evi
that point where the natural vegetation changes fro
predominandy terrestrial Water often reaches
streams the ordinary high water mark is usuall
for lakes and wetlands. The definition in Minnesota
that the " . . . "Ordinary high water level" means the bo
public waters, and public waters we d:
tation changes from
tion can survive moist
I, which has been
ape, commonly
o
e highest water
of time to leave
where the natural vegetation
andy terrestrial;
(2)
evel is the elevation of the top of
, the ordinary high water level is the operating
" er pool
The term
subpart 11.
ordinary high wa
mat "is further defined in Minnesota Rule 6120.2500,
epatttnent of Natural Resources' area hydrologist det=uines
Paved Surface means a, sttucted hard, smooth surface made of asphalt, concrete or other
pavement material Examples include, but are not limited to, roads, sidewalks, driveways
and parking lots.
Permanent Cover means "final stabilization." Examples include grass, gravel, asphalt, and
concrete. See also the definition of "final stabilization."
Receiving waters means the water where the discharge goes
SanitarY wastefacility means all property, real or personal, including
negative and positive easements and water and air rights, which is or may be needed or
4
useful for the processing or disposal of waste, except property for the collection of the
waste and property used primarily for the manufacture of scrap metal or paper. Waste
facility includes but is not limited to transfer stations, processing facilities, and disposal sites
and facilities.
Sediment means the product of an erosion process; solid material both mineral and organic,
that is in suspension, is being transported, or has been moved by water, wind, or ice, and
has come to rest on the earth's surface either above or below water leveL
Sedimentation means the process or action of depositing sediment.
e of the
Sediment Control means the methods employed to prevent se .
development site. Sediment control practices include silt fe
dikes, drainage swales, check dams, subsurface drains, pip
protection, and temporary or permanent sedimentatio
Soil means the unconsolidated mineral and 0
earth. For the purposes of this document stoc
bituminous materials are not considered "soil" stoc
Stabilized means the exposed ground s'
other material that prevents erosion has
considered stabilization.
Storm Water under Minne
precipitation runoff, s
and drainage." (Ac
"Stann water means s
Storm water does not in
s a joint storm water and erosion and sediment
"'g the requirements of Section 4 of the NPDES
d will crease soil erosion on a parcel of land and off-site
,,)
both temporary and permanent controls.
5 t",cture means
to or positioned on
lots, and paved sto
ufactured, constructed or erected, which is normally attached
cluding portable structures, earthen structures, roads, parking
eas.
Subdivision means any tract of land divided into building lots for private, public, commercial,
industrial, etc. development. Minnesota Rule 6120.2500, subpart 17 defines subdivision as, "
. . . land that is divided for the purpose of sale, rent, or lease, including planned unit
development."
Temporary Protection means short-term methods employed to prevent erosion. Examples of
such protection include: straw, mulch, erosion control blankets, wood chips, and erosion
netting.
5
Vegetated or Gras{)' Swales means a vegetated earthen channel that conveys storm water,
while treating the storm water by biofiltration. Such swales remove pollutants by both
filtration and infiltration.
Watcr.r ~f the State As defined in Minnesota Statutes section 115.01, subdivision 22 the term
". . . "waters of the state" means all streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all
other bodies or accumulations of water, surface or underground, natural or artificial, public
or private, which are contained within, flow through, or border upon the state or any
portion thereof."
(a)
Wet Detention Facility means a permanent man-made structure,
of water, used for the temporary storage of runoff.
Wet Retention Facility The same as a wet detention fa ..
A.)
B.)
tances support a prevalence of such vegetation."
ater and Urban Runoff Control
1) ow, deposit, place, leave, maintain, or keep any substance upon
any street, all sidewalk, storm drain, inlet, catch basin conduit or drainage
structure, business place, or upon any public or private plot of land, so that the
substance might be or become a pollutant, except in containers, recycling bags, or
other lawfully established waste disposal facility.
2) No person shall intentionally dispose of grass, leaves, dirt, or landscape material into
a water resource, buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet,
ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated
natural conveyance.
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(b) Illicit discharges and connections
(1) No person shall cause any illicit discharge to enter the storm sewer system or any surface
water unless such discharge:
a. consists of non-storm water that is authorized by an NPDES point source
permit obtained from the MPCA; or
b. is associated with fire fighting activities or other activities necessary to protect
public health and safety; or
c. is one of the following exempt discharges: water line flushing or other potable
water sources, landscape irrigation or lawn watering, dive ed stream flows, rising
ground water, ground water infiltration to storm drain ..ntaminated pumped
ground water, foundation or footing drains (not in active groundwater
dewatering systems), crawl space pumps, air con . condensation, springs,
non-commercial washing of vehicles, natural t or wetland flows,
dechlorinated swimming pools and any 0 containing
pollutant.
(c)
(2) Dye testing is an allowable discharge,
city prior to the time of the test.
(3) No person shall use any illicit
storm sewer system.
(4)
(5)
n of this ordinance if the person connects a
orm sewer system, or allows such a connection to
Any owner or 0
housekeeping req
operty within the city sball comply with the following good
(1) No person shall leave, deposit, discharge, dump, or otherwise expose any chemical
or septic waste in an area where discharge to streets or storm sewer system may
occur. This section shall apply to both actual and potential discharges.
a. Septic systems must be maintained to prevent failure.
b. No part of any individual septic system requiting on-land or in
ground disposal of waste shall be located closer than one hundred
fifty (150) feet from the ordinary high water level in the case of DNR
protected waters, or twenty-five (25) feet from the wetland boundary
7
in the case of all other water bodies, unless it is proven by the
applicant that no effluent will immediately or gradually reach the
water bodies because of existing physical characteristics of the site or
the system.
c. Recreational vehicle sewage shall be disposed of at a proper sanitary
waste facility. Waste should not be discharged in an area where
drainage to streets or storm sewer systems may occur.
(sf
d.
For pools, water shall be allowed to sit seven
addition of chlorine to allow for chlorine t.
discharge.
days without the
orate before
",j,\;
(2) Runoff of water from residential property shall be
practicable. Runoff of water from the washin
industrial property is prohibited unless nece
not in violation of any other provisions'
(3)
(4) Storage of materials, machinery,
a.
ontaining grease, oil or other
unseal receptacles containing hazardous
ed in areas susceptible to runoff.
nt that is to be repaired or maintained in
tibl ff shall be placed in a confined area to
spills, or discharges.
oved, as noted below:
or vehicle parking lots and private streets shall be swept, at a
urn of once a year in the spring to remove debris. Such debris
be collected and properly disposed.
b. Fuel and chemical residue or other types of potential1y harmful
material, such as animal waste, garbage or batteries shall be removed
as soon as possible and disposed of properly. Hazardous waste must
be disposed of at an appropriate disposal site and shall not be placed
in a trash container.
(d) Industrial or construction activity discharges.
Any person subject to an industrial or construction activity NPDES storm water discharge
pennit shall comply with all provisions of such pennit. Proof of compliance with said
8
pennit may be required in a form acceptable to the city prior to the allowing of discharges to
the storm sewer system. All facilities that have storm water discharges associated with
industrial activity, including construction activity must adhere to the following guidelines:
(1) The owner or operator of a commercial or industrial establishment shall provide, at
their own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the storm sewer system or watercourses through the
use of structural and non-structural BMPs.
(e) Construction and building site activity.
(2) Any person responsible for a property or premise, which is,
discharge, shall be required to implement, at said person's
structural and non-structural BMPs to prevent the
the storm sewer system. These BMPs shall be part 0
prevention plan (SWPPP) as necessary for comp .
NPDES permit.
(1)
(2)
bllowed concerning debris storage and disposal:
eanup of construction site shall be performed to ensure that
is contained in an appropriate enclosure or container so as
accumulate on the ground.
b. perators must keep solid waste materials in either a container or an
enclosed waste collection area.
c. Empty/unused chemical containers must be disposed of in accordance with label
instructions.
d. Potentially hazardous waste must be separated from non-hazardous waste.
e. Recycling of waste materials is encouraged when possible.
f. All construction site wastes must be disposed of at authorized disposal facilities.
9
(3) Rock construction entrances shall be constructed at all city-approved entrances.
Construction accesses not approved by the city should be adequately blocked to prevent
unwanted traffic.
a. Site access roads shall be gtaded or otherwise protected with silt fences, diversion
channels, or dikes and pipes to prevent sediment from exiting the site via the access
roads.
b. Individual lots shall each be required to install and maintain a tock construction
entrance throughout building construction until a dust free access has been installed.
(g)
(4) Sanitary waste facilities shall be provided on site and be loe
iulets and receiving waters as practical on the construction s'
(5) Chetnicals, paint, petroleum, fertilizer, and pestici
enclosure and as far from receiving waters as practi on
(t)
er and inspect all buildings under this ordinance as
ompliance with this ordinance.
(2) F acili
purposes of .
to the discharge
w the city ready access to all parts of the pretnises for the
, dye testing, examination and copying of records that relate
(3) The city shall ha the right to set up at any building such devices as are necessary to
conduct monitoring, sampling and! or dye testing of the facility's storm water discharge.
(4) The city has the right to require the discharger to install monitoring equipment as
necessary.
(5) Unreasonable delays in allowing the city access to a facility is a violation of this
ordinance.
(6) If the city has been refused access to any part of the pretnises from which storm water
is discharged, and is able to demonstrate probable cause to believe that there may be a
10
violation of this section, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with this ordinance or any
order issued hereunder, or to protect the overall public health, safety, and welfare of the
community, then the city may seek issuance of a search warrant from any court of
competent jurisdiction.
(h) Suspension of storm sewer system access.
(1) Suspension due to illicit discharges in emergency situations
(1)
access to a person
c ge which presents
or to the health or
If the violator fails to
uch steps as
or waters of
The city may, without prior notice, suspend storm sewer system
when such suspension is necessary to stop an actual or threat
or may present imminent and substantial danger to the en
welfare of persons, or to the storm sewer system or water
comply with a suspension order issued in an emergen
deemed necessary to prevent or minimize damage t
the state, or to minimize danger to persons.
Any person discharging to the storm s
their storm sewer system access termina
illicit discharge. A person commits an of
access to premises terminated pursuant to
city.
f this ordinance may have
abate or reduce an
s storm sewer system
e prior approval of the
(i) Enforcement.
(a) U
req
designe
Such notic
property tax r
the property 0
administrator or de
Such notice may req .
n has violated a prohibition or failed to meet a
rovisions of this article the city administrator or
on.. owner of the property upon which the nuisance exists.
certified mail at the last known address as shown on the
ty. Such notice shall advise that a nuisance exists and requite
e nuisance within a reasonable time, as established by the city
d stated in the notice. Such time shall not be less than 14 days.
without limitation:
a. The performance of monitoring, analyses, and reporting;
b. The elimination of illicit connections or discharges;
c. That violating discharges, practices, or operations shall cease and desist;
d. The abatement or remediation of storm water pollution or contamination hazards
and the restoration of any affected property; and
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e. Payment of a fine to cover administrative and remediation costs; and
f. The implementation of source control or treatment BMFs.
(b) Such notice shall also advise the property owner of the right to request a hearing before
the city administrator or designee to contest the contents of the notice.
(c) If requested by the person upon whom the notice is served under subsection (a) of this
section, a hearing before the city administrator or designee shall be held at which the person
may contest the contents of the notice. The request for such a hearing must be made within
five days after receipt of the notice provided for in subsection (a) of . section. After such
hearing the city administrator or designee may affirm the notice, , "the notice or quash
the notice. (,
(d) If the property owner does not abate the nuisance as r
for in subsection (a) of this section and has not requested
administrator or designee under subsection (b) of this
shall abate the nuisance. The cost of such abatem
assessment against the property upon which the
(e) If the property owner requests a hearing
subsection (b) of this section, no abatement actions
after the hearing the city administrator or designee af
nuisance is not abated as provided in tice as affirm
of the city shall abate the nuisance. The ch abateme
assessment against the property upon w ce was I
(f) Nothing in this section prevents abate
notice and hearing in the an emerge
threat to the public he . The expe
collected as a spe . st the p
rm Water Management
ly with the State's goal of obtaining a pollutant
at 'de, at minimum, changes in Average Annual Flow
s, . hosphorus. This modeling will be based on two time
) to 1:b.e present (2000-2005), and from the present to 2020 or
er will occur first.
(a) reducing the need for storm water management performance
standards by incorpo ~ g the use of natural topography and land cover. It shall also:
1. Minimize impact to significant natural features.
2. Review the site for wetlands, wooded areas of siguificance, rare and endangered
species habitat, areas designated by the County Biological Survey (1993), and/or Elk
River Natural Resource Inventory (NRI) (December 2004). These areas should not be)developed.
3. Minimize impervious surface coverage to the maximum extent practicable.
4. In designated shoreland areas the development shall meet the impervious surface
requirements of the Shoreland Ordinance regardless of conveyance systems.
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5. Have a proposed design, suggested location and phased implementation of effective,
practicable storm water management measures for plans designed, engineered and
implemented to achieve the following results:
(1) Volume control.
Designer shall be required to provide soil boring analysis to determine the infiltration rate
prior to approval of plans.
(2) Phosphoros control.
(4) Oil and g1:ease control.
d all other uses where
ne-half (0.5) inch of
ology available. 1bis
demonstrate that installation
Storm water shall be treated to remove sixty (60) percent of the p
phosphoros load on an annual basis before discharge to na
quality ponding is exclusively used to meet the phosphoros
must be sized to store the site runoff from a two and one-
normal outlet elevation.
(3) Total Suspended Solids
Treatment also must achieve a sixty (60) perce
For all storm water plans for commer .
the potential for pollution by oil or g1:eas
runoff will be treated using the best oil an
requirement may be waiv e city whe
of such practices is no
(5)
(b)
ed, installed and maintained to effectively
off rates for the two (2) year, twenty-four (24) hour
t peak runoff rates for the ten (10) year, twenty-four (24) hour
the storm sewer system shall be designed for this storm event.
Low areas must have acceptable overland drainage route with the proper transfer capacity
when the event is exceeded.
c. Minimize predevelopment peak runoff rates for the one hundred (100) year, twenty-four
(24) hour storm event.
(b) Outlets.
Discharges from new construction sites must have a stable outlet capable of carrying
designed flow at a non-erosive velocity. Outlet design must consider flow capacity and flow
duration. 1bis requirement applies to both the site outlet and the ultimate outlet to the storm
13
sewer system or waterbody. Measures to trap floatables for energy dissipation must also be
constructed.
(c) Minimize impervious surface area and maximize infiltration.
Where directed by the city and based on site feasibility, projects shall use existing natural
drainage ways and vegetated soil surfaces to convey, store, filter, and retain storm watet
runoff befote discharge into public waters ot a storm sewer system (permanent pool areas of
wet ponds tend to lose infiltration capacity and will not be accepted as an infiltration
practice). The applicant shall attempt to limit the impervious surface of the developed site or
subdivision by incorporating the following design considetations, 'sent with zoning,
subdivision, and PUD requirements: "
5) Reducing setbacks and driveway
es to conserve natural
erated at the site
1) Natural vegetation preserved wherever practical
2) Narrowing street widths
3) Reducing parking lot space
4) Sidewalk locations
6)
7)
8)
e, and use vegetated swales or equivalent
can filter sheet flow, removing sediment and other
e of concentration
10)
areas by allowing runoff from small impervious areas to be
eas where it can be infiltrated or filtered
11) All runoff nspouts, driveways and other impervious areas shall be directed
to pervious s aces, where feasible, or unless the applicant can demonstrate that the
practice is likely to result in groundwater contamination
12) Increase buffers around streams, steep slopes, and wetlands to protect from flood
damage and provide additional water quality treatment
13) Use shared parking facilities consistent with zoning tequirements
14) Install serui-permeable/permeable or porous paving.
(d) Pond requirements.
14
For all projects creating more than one acre of impervious surface, ponding shall be
required. At a minimum all pond design specifications shall conform to the city's
Engineering Design Standards and the current requirements found in the NPDES
construction permit.
(e) Regional ponding.
If the city determines the site is not suitable for on-site ponding, off- ite storm water
management and associated fees may be established, provided tha . sions are made to
manage storm water by an off-site facility, and provided that e fo' owing conditions
for the off-site facility are met:
(1)
solids, sh
waivers from
that the facility Ii
original design capa
(1) The facility is in place or the city has knowledge 0
(2) The facility is designed and adequately sized
that at least meets the ordinance standards
(3) The city is satisfied that the facili
term operation and maintenance.
(I) Accepted alternative storm water treatm
Alternative storm water
basins, may be install
rain gardens and infiltration
d by the city.
(g)
ed by the owner in proper condition
ds for which they were originally designed.
sump . t chambers, and other devices, including settled
oper y disposed of on an annual basis. One (1) to five (5) year
may be granted by the city when the owner presents evidence
capacity to remove settled solids in accordance with the
(2) Ponds shall be inspected at least once every five (5) years to determine if settled
materials should be removed. Settled materials shall be removed and properly disposed of
when the pond is no longer functioning at the original design capacity.
(3) When requested by the city, a maintenance plan must be provided that defines who will
conduct the maintenance, the type of maintenance and the maintenance intervals of a private
storm water facility before the facility is approved.
(4) All storm water facilities must be designed to minimize the need for maintenance, to
provide easy vehicle and personnel access for maintenance purposes, and be structurally
15
sound. It shall be the responsibility of the applicant to obtain any necessary easements or
other property interests to allow access to the facilities for inspection or maintenance.
(5) The city shall have the right to request and review inspection and maintenance records
and shall have the right to perform an inspection of storm water facilities at any time if the
city has probable cause to believe that the facilities are not being properly maintained or
inspected.
(h) Enforcement.
(1) refer to Section 46-38 of the City of Elk River Code
atisfactory
ay also
or as
(i) Penalty.
The offending party will be issued an administra .
condition at the time the written notice of viola .
enforce Minnesota Statute 169.42 with the urn p
prescribed by state law.
16
City of Elk River
Sec. 30-802. Excavation, grading and filling.
(a) Definitions. The definitions in section 30-1 are applicable in this section.
(b) Permit required; exceptions. An excavation, grading and filling permit shall be
required for all excavation, grading, and filling activities located on a site. An excavation,
grading and filling permit shall not be required for any of the following:
(1) Excavation, grading and filling necessary for approved development plans and the
construction of structures, sewage treatment systems, and driveways under validly issued
permits for these facilities do not require the issuance of a separate excavation, grading,
and filling permit. However, the excavation, grading and filling standards in this section
shall be incorporated into the issuance of permits for development plans and for
construction of structures, sewage treatment systems, and driveways.
(2) A permit is not required for incidental excavation, grading or filling for landscaping
projects, including but not limited to spreading black dirt three inches to four inches in
depth for seeding and sodding purposes and decorative rock gardens.
(c) Standards. The following standards shall apply to all excavation, grading and filling
operations within the provisions of this section:
(1) Noise. Maximum noise level at the excavation, grading, or filling site shall comply
with the limits or standards established by the state pollution control agency and the
United States Environmental Protection Agency.
(2) Hours of operation. All excavation, grading and filling operations shall be
conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday only. The council
may restrict excavation processing or related operations on legal holidays if such
activities cause noise or other disturbances to adjacent property owners.
(3) Duration of project. If the work described in any excavation, grading and filling
permit is not substantially completed within 180 days following the date of issuance
thereof, the permit shall expire and become void. Written notice thereof shall be
transmitted by the building and zoning administrator to the permit holder, stating that the
activity authorized by the expired permit shall cease unless and until a new excavation,
grading, and filling permit has been obtained.
(4) Slopes. Slopes during and after excavation, grading and filling shall conform with
the following: During the entire period of the project, all excavatioo, grading, or filling
shall be sloped on all sides to a maximum ratio of four feet horizontal to one foot vertical
unless a steeper slope is approved by the city.
(5) Erosion control. Sloped areas shall be surfaced with at least three inches of topsoil
and planted with ground cover sufficient to contain the soil. Such ground cover shall be
tended as necessary until it is self-sustaining. Methods to trap sediments before they
reach any surface water feature shall also be used.
(6) Drainage. All excavation, grading, and filling activities shall not disrupt the overall
drainage patterns for the parcel on which the activity takes place and surrounding
parcels.
(7) State requirements for work in wetlands. Any excavation, grading and filling in a
wetland must meet the requirements of Minn. Stats. SS 103F.6l2--103F.616.
(d) Conditional use permit required for certain projects. Any wetland excavation,
grading, or filling project where the wetland encompasses more than one parcel shall
require a conditional use permit pursuant to subdivision III of division 2 of this article
before any excavating, grading or filling activity can take place.
(Code 1982, ~ 900.31)
EXCAVATION, GRADING and EROSION CONTROL
Purpose.
The purpose of this chapter is to safeguard life, limb, property and the public welfare by
regulating grading on private property.
Scope.
This chapter sets forth rules and regulations to control excavation, grading and earthwork
construction, including fills and embankments; establishes the administrative procedure for
issuance of permits; and provides for review of plans and inspection of grading construction.
Permits required.
No person shall do any grading without first having obtained a grading permit from the city,
except for the following:
A. Excavation, grading and filling necessary for approved development plans and the
construction of structures, sewage treatment systems, and driveways under validly
issued permits for these facilities do not require the issuance of a separate excavation,
grading, and filling permit. However, the excavation, grading and filling standards in
this section shall be incorporated into the issuance of permits for development plans
and for construction of structures, sewage treatment systems, and driveways.
B. A permit is not required for incidental excavation, grading or filling for landscaping
projects, including but not limited to spreading black dirt three inches to four inches
in depth for seeding and sodding purposes and decorative rock gardens.
C. An excavation below finished grade for basements and footings of a building,
retaining wall or other structure authorized by a valid building permit. This shall not
exempt the requirement for a permit for fill made with the material from such
excavation nor exempt any excavation having an unsupported height greater than 5
feet after the completion of such structure.
(a) Cemetery graves.
(b) Refuse disposal sites controlled by other tegulations.
(c) Excavations for wells or tunnels or utilities.
(d) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel,
aggregate or clay where established and provided for by law or ordinance. This
shall not exempt these types of activities from the special use permit
requirements set forth in portions of the City Code.
D. Exploratory excavations under the ditection of soil engineers or engineering
geologists.
E. An excavation which:
a. Is less than two (2) feet in depth, or
b. Does not create a cut slope greater than 5 feet in height and steeper than two
horizontal to one vertical (2:1).
I
F. A fill which is:
a. Less than two (2) feet in depth and placed on natural tetrain with a slope flatter
than three horizontal to one vertical (3:1), or
b. Less than three (3) feet in depth, not intended to support structutes.
1. The fill shall not exceed fifty (50) cubic yards on anyone (1) lot and
shall not obstruct a dtainage coutse or infringe upon a ponding area
or wet land.
G. Exemption from the permit requirements of this chapter shall not be deemed to
grant authorization for any work to be done in any manner in violation of the
provisions of this chapter.
H. State requirements fOr work in wetlands. Any excavation, grading and filling in a wetland
must meet the requirements of Minn. Stats. S~ 103F.612--103F.616.
1. Conditional use permit required fOr certain projetts. Any wetland excavation, grading, or
fi1ling project where the wetland encompasses more than one parcel shall require a
conditional use permit pursuant to subdivision III of division 2 of this article before
any excavating, grading or filling activity can take place.
General conformance.
Whenever the city determines that any existing excavation or embankment or fill on private
property has become a hazard to life and limb, or endangers property, or adversely affects
the safety, use or stability of a property, public way or dtainage channel, the owner of the
property upon which the excavation or fill is located, or other person or agent in control of
said property, upon receipt of notice in writing from the city, shall within the period
specified therein repair or eliminate such excavation or embankment so as to eliminate the
hazard and be in conformance with the requirements of this code. The city may inspect any
property for conformance with this chapter.
Definitions.
For the purposes of this chapter the definitions listed hereunder shall be construed as
specified in this section.
Approval means the proposed work or completed work conforms to this chapter in the
opinion of the city.
As-graded means the extent of sutface conditions on completion of grading.
Bedrock means in-place solid rock.
Bench means a relatively level step excavated into earth material of which fill is to be placed.
BOmJW means earth material acquired from an off-site location for use in grading on a site.
CifY means the adtninistrative staff, or its agency, of the City of Elk River.
2
City Council means the elected governing board of the City of Elk River.
Civil Efl,gineer means a professional engineer registered in the State of Minnesota to practice
in the field of civil engineering.
Civil Engineering means the application of the knowledge of the forces of nature, principles
of mechanics and the properties of materials to the evaluation, design and construction of
civil works for the beneficial uses of mankind
Compaction means the densification of a fill by mechanical means.
Desig,ner means a person registered by the Minnesota Board of Architects: Engineers, land
surveyors and landscape architects responsible for the preparation of the grading plans and
specifications.
Earth Material means any rock, natural soil or fill and/or any combination thereof.
Engineering Design Guidelines means the guidelines developed, published and periodically
updated by the City.
Engineering Geologist means a geologist experienced and knowledgeable in engineering
geology.
Engineering Geoloj)! means the application of geologic knowledge and principles in the
investigation and evaluation of naturally occurring rock and soil for use in the design of civil
works.
Erosion means the wearing away of the ground surface as a result of the movement of wind,
water and/ or ice.
Exmvation means the mechanical removal of earth material.
Pili means a deposit of earth material placed by artificial means.
Geotechnical Engineer. See "Soils engineer."
Grade means the vertical location of the ground surface.
Existine flUde means the grade prior to grading.
RiJugh Grade means the stage at which the grade approximately conforms to the approved
plan.
Finish Grade means the final grade of the site which conforms to the approved plan.
Grading means any excavating or filling or combination thereof.
/{,;)! means a designed compacted fill placed in a trench excavated in earth material beneath
the toe of a proposed fill slope.
3
SiJ!. means any lot or parcel of land or contiguous combination thereof, under the same
ownership, where grading is performed or permitted.
Si!!.JJg means an inclined ground surface the inclination of which is expressed as a ratio of
horizontal distance to vertical distance.
Soil means naturally occurring superficial deposits overlying bed rock.
Soils Entine" (Geotechnical Enf,ineer) means an engineer experienced and knowledgeable in the
practice of soil engineering (geotechnical engineering).
Soils Engineering (Geotedmital Entineering! means the application of the principles of soils
mechanics in the investigation, evaluation and design of civil works involving the use of
earth materials and the inspection and! or testing of the constmction thereof.
Terra"e means a relatively level step constmcted in the face of a graded slope surface for
drainage and maintenance purposes.
Grading permit requirements.
A. Permits required. Except as exempted in, no person shall do any grading without first
obtaining a grading permit from the city. A separate permit shall be required for each
site, and may cover both excavations and fills. Changes or deviation from previously
reviewed plans require an amended permit be applied for and approved before the
work is performed.
B. When permit may be applied for and issued. A grading permit may be applied for at any
time. On a site that needs City Council approval a grading permit may not be issued
until such approval has been granted.
C. Applifation. To obtain a permit, the applicant shall first file an application in writing
on a form furnished by the city for that purpose. Every such application shall:
(1) Identify and describe the work to be covered by the permit for which
application is made.
(2) Describe the land on which the proposed work is to be done by legal
description, street address or similar description that will readily identify and
definitely locate the proposed building or work.
(3) Indicate the purpose of the proposed work.
(4) Be accompanied by plans, diagrams, computations and specifications and
other data as required in subsection (e) of this section.
(5) State the valuation of the work.
(6) Be signed by the permittee or his authorized agent.
(T) Give such other data and information as may be required by the city.
D. Plans and specifications. Each application for a grading permit shall be
accompanied by five (5) sets of plans and specifications and supporting data. The
plans, specifications and reports shall be prepared by an Engineer, Land Surveyor
and Landscape Architect signed by a person registered by the State of Minnesota
unless exempted by the city.
4
J.
K.
E.
Information on plans in specifications. The plans shall include the information set forth in
the grading pettnit application and the Engineering Design Guidelines.
F.
Alternate materials and methods if construction. The provisions of this chapter are not
intended to prevent the use of any material or method of construction not
specifically prescribed by this chapter provided any alternate has been approved and
its use authorized by the city. The city may approve any such alternate, provided the
city finds the proposed design is satisfactory and complies with the provisions of this
chapter and that the material, method or worked offered is, for the purpose
intended, at least the equivalent of that prescribed in this code in suitability, strength,
effectiveness, fire resistance, durability, safety and sanitation. The city shall require
that sufficient evidence or proof be submitted to substantiate any claims that may be
made regarding its use. The details of any action granting approval of an alternate
shall be recorded and entered in the files of the city.
G.
Modifications. Whenever there are practical difficulties involved in carrying out the
provisions of this chapter, the city may grant modifications for individual cases,
provided the city shall first find that a special individual reason makes the strict letter
of this code impractical and that the modification is in confottnity with the intent
and purpose of this code. The details of any action granting modifications shall be
recorded and entered in the files of the city.
H.
Tests. Whenever there is insufficient evidence of compliance with any of the
provisions of this chapter or evidence that any material or construction does not
conform to the requirements of this chapter, the city may require tests as proof of
compliance to be made at no expense to the city. Test methods shall be as specified
by this chapter or by other recognized test standards. If there are no recognized and
accepted test methods for the proposed alternate, the city shall determine test
procedures.
1.
Soils engineering reporl. The soils engineering report, when required, shall include dsta
regarding the nature, distribution and strength of existing soils, conclusions and
recommendations for grading procedutes and design criteria for conective measutes,
including buttress fills, when necessary, and opinions and recommendations covering
adequacy of sites to be developed by the proposed grading, including the stability of
slopes. Recommendations included in the report and reviewed by the city shall be
incorporated in the grading plans or specifications.
Engineering geology reporl. The engineering geology report, when required, shall include
an adequate description of the geology of the site, conclusions and recommendations
regarding the effect of geologic conditions on proposed development, and opinions
and recommendations covering the adequacy of sites to be developed by the
proposed grading. Recommendations included in the report and reviewed by the city
shall be incorporated in the grading plans or specifications.
Noise. Maximum noise level at the excavation, grading, or filling site shall comply
with the limits or standards established by the Minnesota Pollution Control Agency
(MPCA) and the United States Envitonmental Protection Agency (USEP A).
5
L. Hours of operation. All excavation, grading and filling operations shall be conducted
between 7:00 a.m. and 7:00 p.m., Monday through Saturday only unless prior
approval is given by the city. The Council may restrict excavation processing or
related operations on legal holidays if such activities cause noise or other
disturbances to adjacent property owners.
M. Review and issuance of pmmt. The application, plans, specifications,
computations and other data filed by an applicant for a permit shall be reviewed by
the city. Such plans may be reviewed by other departments of the jurisdiction to
verify compliance with any applicable laws under their jurisdiction. If the city finds
that the work described in an application for a permit and the plans, specifications
and other data filed therewith conform to the requirements of this chapter and other
pertinent laws and ordinances, and that the fees and security requirements for the
permit have been provided, the city shall issue a permit to the applicant. When the
city issues the permit where plans are required, the city shall endorse in writing or
stamp the plans and specifications "Reviewed". Such reviewed plans and
specifications shall not be changed, modified or altered without authorization from
the city, and all work shall be done in accordance with the reviewed plans. The city
may issue a permit for grading before the entire plans and specifications have been
submitted or reviewed, provided adequate information and detailed statements have
been filed complying with all pertinent requirements of this chapter. The holder of
such permit shall proceed at his own risk without assurance that the permit for the
entire project will be granted.
N. Retention'ifplans. One (1) set of reviewed plans, specifications and computations shall
be retained by the city for a period of not less than ninety (90) days from date of
completion of the work covered therein; and one (1) set of reviewed plans and
specifications shall be returned to the applicant, and such set shall be kept on the site
of the building or work at all times during which the work authorized thereby is in
progress.
O. Validity of permit. The issuance or granting of a permit or approval of plans,
specifications and computations shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions of this chapter or of any other
ordinance of the city. No permit presuming to give authority to violate or cancel the
provisions of this chapter shall be valid. The issuance of a permit based upon plans,
specifications and other data shall not prevent the city from thereafter requiring the
correction of errors in said plans, specifications and other data, or from preventing
grading operations being carried or thereunder when in violation of this chapter or
of any other ordinance of the city.
P. Expiration. Every permit issued by the city under the provisions of this chapter shall
expire by limitation and become null and void if the work authorized by such permit
is not commenced with ninety (90) days from the date of issuance of such permit, or
if the work authorized by such permit is suspended or abandoned at any time after
the work is commenced for a period of one hundred eighty (180) days. Before such
work can be recommenced, a new permit shall be first obtained to do so, and the fee
6
therefore shall be one-half the amount required for a new permit for such work,
provided no changes have been made or will be made in the original plans and
specifications for such work; and provided further that such suspension or
abandonment has not exceeded one (1) year. In order to renew action on a permit
after expiration, the permittee shall pay a new full permit fee. Any permittee holding
an unexpired permit may apply for an extension of the time within which the
permittee may commence work under that permit when the permittee is unable to
commence work within the time required by this section for good and satisfactory
reasons. The city may extend the time for action by the permittee for a period not
exceeding one hundred eighty (180) days upon written request by the permittee
showing that circumstances beyond the control of the permittee have prevented
action from being taken. No permit shall be extended more than once.
Q. Su.spension or revocation. The city may, in writing, suspend or revoke a permit
issued under the provisions of this chapter whenever the permit is issued in error
or on the basis of incorrect information supplied, or is found to be in violation
of any ordinance or regulation or any of the provisions of this chapter.
Grading fees.
Fees shall be charged in accordance with the provisions of this section and as set forth in the
fee schedule adopted by the City Council by resolution from time to time.
Financial security.
A. The city may require bonds in such form and amounts necessary to assure
that the work is completed in accordance with the approved plans and
specifications.
B. In lieu of a surety bond the applicant may file a cash bond or instrument of
credit with the city in an amount equal to that which would be required in the
surety bond.
C. If requested by the applicant, the amount of the financial security may be
reduced by the city. Such reduction will be based upon the extent to which
the grading and restoration have been completed and shall consider the
continued need for erosion control.
Amended permits.
Any changes desired to be made to the grading plan by the applicant following the issuance
of a grading permit shall be submitted to the city for review.
A. No grading changes may be implemented by the applicant unless approved
by the city.
B. Any desired change to the grading plan shall be supported by information
showing the change desired, the reasons for the change, the effect the change
would have upon buildings, structures, drainage facilities and patterns. The
7
Cuts.
Fills.
request shall be accompanied by any additional supporting information
required by the city.
C. If the changes requested by the applicant are acceptable, the city will issue an
amendment to the grading permit.
(a) GenerallY. Unless otherwise recommended in the approved soils engineering
and! or engineering geology report, cuts shall conform to the provisions of
this section. In the absence of an approved soils engineering report, these
provisions may be waived by the city for minor cuts not intended to support
structures.
(b) Slope. The slope of cut surface shall be no steeper than is safe for the
intended use and shall be no steeper than three horizontal to one vertical
(3: 1), for a short term interim period, unless the owner furnishes a soils
engineering or an engineering geology report, or both, staring that the site
has been investigated and giving an opinion that a cut at a steeper slope will
be stable and not create a hazard to public or private property. Unless
specifically approved, permanent slopes shall be no steeper than three
horizontal to one vertical (3: 1).
(c) Drainage and terracing. Drainage and terracing shall be provided as required by
the Engineering Design Guidelines.
(a) GenerallY. Unless otherwise recommended in the approved soils engineering
report, fills shall conform to the provisions of this section. In absence of an
approved soils engineering report, these provisions may be waived for minor
fills not intended to snpport structures.
(b) Clearing area to be filled. All timbers, logs, trees, brush and rubbish shall be
removed from the site. No burning of the debris will be allowed unless a
burning permit is issued by the city.
(c) Preparation of ground. The ground surface shall be prepared to receive fill by
removing vegetation, noncomplying fill, topsoil and other unsuitable
materials. The ground shall be scarified to provide a bond with the new fill
and, where slopes are steeper than five to one (5: 1) and the height is greater
than five (5) feet, by benching into sound bedrock or other competent
material as determined by the soils engineer. The bench under the toe of a fill
on a slope steeper than five to one (5:1) shall be at least ten (10) feet wide.
The area beyond the toe of fill shall be sloped for sheet overflow or a paved
drain shall be provided. When fill is to be placed over a cut, the bench under
the toe of fill shall be at least ten (10) feet wide but the cut shall be made
before placing the fill and accepted by the soils engineer or engineering
geologist or both as a suitable foundation for fill.
8
Setbacks.
(a)
(c)
(d) Fill material Organic material shall not be permitted in building pad or
roadway areas. Except as permitted by the city, no rock or similar irreducible
material with a maximum dimension greater than twelve (12) inches shall be
buried or placed in fills.
Exception: The city may permit placement of larger rock when the soils
engineer properly devises a method of placement, continuously inspects its
placement and approves the fill stability. The following conditions shall also
apply:
(1) Prior to issuance of the grading permit, potential rock disposal areas
shall be delineated on the grading plan.
(2) Rock sizes greater than twelve (12) inches in maximum dimension shall
be ten (10) feet or more below grade, measured vertically.
(3) Rocks shall be placed so as to assure filling of all voids with fines.
(e) Compattion. All fills shall be compacted to a minimum ninety (90)
percent of maximum density as determined by the specified density
method. In-place density shall be determined in accordance with ASTM
D698-70.
(f)
Slupe. The slope of fill surfaces shall be no steeper than is safe for the
intended use or three horizontal to one (3: 1) vertical, whichever is less.
(g)
Drainage and terracing. Drainage and terracing shall be provided and the area
above fill slopes and the surfaces of terraces shall be graded and paved as
requited by the Engineering Design Guidelines.
GenerallY. Cut and fill slopes shall be set back from site boundaries in
accordance with this section. Setback dimensions shall be horizontal
distances measured perpendicular to the site boundary. Setback dimensions
shall be shown on the grading plan.
(b)
Top of cut slope. The top of cut slopes shall be made not nearer to a site
boundary line than one-fifth of the vertical height of cut or a minimum of
two (2) feet, which ever is greater. The setback may need to be increased for
any requited interceptor drains.
Toe of fill slope. The toe of fill slopes shall be made not nearer to the site
boundary line than one-half the height of the slope or a minimum of two (2)
feet which ever is greater. Where a fill slope is to be located near the site
boundary and the adjacent off-site property is developed, special precautions
shall be incorporated in the work as the city deems necessary to protect the
adjoining property from damage as a result of such grading. These
precautions may include but are not limited to:
(1) Additional setbacks.
9
(2) Provisions for retaining or slough walls.
(3) Mechanical or chemical treatment of the fill slope surface to
minimize erosion.
(4) Provisions for the control of surface waters.
(d) Modijication r1 slope location. The city may approve alternate setbacks. The city
may require an investigation and recommendation by a qualified engineer or
engineering geologist to demonstrate that the intent of this section has been
satisfied.
Erosion control
Purpose
The purpose of this chapter is to protect surface water quality and safeguard private
propertty and public welfare by establishing erosion control.
Scope
This chapter sets forth rules and regulations to related to erosion control; establishes the
administrative procedure for review of plans and inspection of Erosion Control practices
Best management practices as defined by the MPCA, requirements of the NPDES
Construction permit shall apply in the subdivision and development of land areas includiug
construction sites permitted through grading permits or buildiug permits.
Storm Water Pollution Prevention Plan (SWPPP)
A. A Storm Water Pollution Prevention Plan (SWPPP) is required for all construction
sites with a disturbed area greater than or equal to twenty thousand (20,000) square
feet. The SWPPP must be submitted for review and approved prior to any land
disturbing activities. The SWPPP will designate the temporary and permanent
erosion control measures to be incorporated in the site development. The SWPPP
must meet the requirements described in the MPCA NPDES construction permit,
PART III as well as the required contents and format of the SWPPP described in the
City of Elk River Engineering Design Guidelines.
B. Sites with less than twenty thousand (20,000) square feet of disturbed area are
required to meet the provisions of the MPCA NPDES construction site permit
PART IV related to erosion and sediment control. This requirement applies to
construction sites permitted by a building and or grading permit issued by the City of
Elk River.
C. Construction sites must have perimeter best management practices and consrruction
site entrances installed and inspected before the City of Elk River will issue a permit
for building.
10
D. Frozen Ground Conditions do not exempt a site from complying with the
requirements of this Chapter. At the applicant's request alternative perimeter
controls may be implemented in place of the required silt fence installation. A
"Frozen Ground Agreement" must be completed, gjgned and submitred.
E. The following guidelines shall be applied at the city's discretion:
(1) The development shall conform to the topography and soils so as to
create the least potential for soil erosion.
(2) Erosion and sediment control measures shall be coordinated with the
different stages of development. Appropriate control measures shall be
installed prior to development when necessary to control erosion.
(3) The smallest practical increment of land shall be exposed at anyone
rime during development.
(4) When soil is exposed, the exposure shall be for the shortest feasible
period of rime,
(5) Where the topsoil is removed, sufficient arable soil shall be set aside for
respreading over the developed area. The soil shall be restored to a
depth of four inches and shall be of a quality at least equal to the soil
quality prior to development.
(6) Critical erosion areas exposed during construction shall be protected
with temporary vegetation, mulching or other acceptable means.
(I) Sediment basins (debris basins, silting basins, or silt traps) shall be
installed and maintained to remove sediment from runoff waters from
land subject to earth disturbance activities.
(8) Diversions shall be installed to divert surface water runoff from slopes
of ten percent or steeper.
(9) Provisions shall be made to effectively accommodate increased runoff
from slopes of ten percent or steeper.
(10) Cut and fill slopes shall not be steeper than three feet horizontal to one
foot vertical (3: 1) unless stabilized by a retaining wall, riprap, or other
acceptable means.
(11) During grading operations, necessary measures for dust control, as
required by the city, shall be implemented.
(Code 1982, ~ 1008.14(8))
Inspection.
(a) GenerallY. All grading operations for which erosion controls measures are
11
required shall be subject to inspection by the city.
(b) REgular Site Inspection. The City shall inspect sites permitted for construction by
building permits, grading permits and subdivision development. The
inspections will be made to insure conformance with the SWPPP and with the
requirements of the MPCA NPDES Construction Permit as they apply to the
site. This regular site inspection does not relieve the applicant of their
responsibility to conduct site inspections as required in the MPCA NPDES
construction permit.
(c) The costs associated with regular site inspections will be the responsibility of
the applicant. In the case of sites less than twenty thousand (20,000) square
feet this fee will be charged at issuance of the building permit at a rate set in the
schedule of fees approved by the City Council.
(d) REgular grading roquiroments. The city may require inspection and testing by an
approved testing agency. The testing agency's responsibility shall include, but
need not be limited to, approval concerning the inspection of cleared areas and
benches to receive fill, and the compaction of fills. When the city has cause to
believe that geologic factors may be involved the grading operation will be
required to conform to "engineered grading" requirements.
(e) Notifttation rif nont'ompliance. If, in the course of fulfilling his responsibility under
this chapter, the designer, the soils engineer, the engineering geologist or the
testing agency finds that the work is not being done in conformance with this
ordinance or the reviewed grading plans, the discrepancies shall be reported
immediately in writing to the person in charge of grading work and to the city.
Recommendations for corrective measures, if necessary, shall be submitted.
(f) Transfer rif rosponsibilifY for approval If the designer, the soils engineer, the
engineering geologist or the testing agency of record is changed during the
course of the work, the work shall be stopped until the replacement has agreed
to accept the responsibility within the area of his technical competence for
approval upon completion of the work.
Completion of work.
(a) Final reports. Upon completion of the rough grading work and at the final
completion of the work the city may require the following reports, drawings
and supplements thereto:
(1) An as-graded grading plan prepared by the designer including
original ground surface elevations, as-graded ground surface
elevations, lot drainage patterns and locations and elevations of all
surface and subsurface drainage facilities. The designer shall state that
to the best of his knowledge the work was done in accordance with
the final reviewed grading plan.
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(2) A soils-grading report prepared by the soils engineer, including
locations and elevations of field density tests, summaries of field and
laboratory tests and other substantiating data and comments on any
changes made during grading and their effect on the
recommendations made in the soils engineering investigation report.
The soil engineer shall render a finding as to the adequacy of the site
for the intended use.
(3) A geologic grading report prepared by the engineering geologist,
including a final description of the geology of the site and any new
information disclosed during the grading and the effect of same on
recommendations incorporated in the approved grading plan. The
geologic engineer shall render a finding as to the adequacy of the site
for the intended use as affected by geologic factors.
(b) Notification of completion. The permittee or his agent shall notify the city when the
grading operation is ready for final inspection. Final approval shall not be given
until all work, including installation of all drainage facilities and their protective
devices, and all erosion-control measures, has been completed and turf has been
established in accordance with the final reviewed grading pIan and the required
reports have been submitted.
Reference
fimsance
language
Penalty.
Any person convicted of violating this chapter shall be guilty of a misdemeanor and shall be
subject to a fine or imprisonment in the county jail, or both, as specified by state statute.
Such penalty may be imposed in addition to suspension or revocation of the grading permit.
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