ORD 07-004
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ORDINANCE 07-04
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-
416 OF THE ELK RIVER MUNICIPAL CODE, - EROSION AND SEDIMENT
CONTROL, BY REPEALING ALL OF SECTION 30-416 OF THE ELK RIVER
MUNICIPAL CODE AND ADOPTING NEW SECTION 30-416 OF THE
ELK RIVER MUNICIPAL CODE - EXCAVATION, GRADING AND
EROSION CONTROL
THE CITY COUNCIL OF THE CITY OF ELK RIVER DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I. SECTION 30-416 OF THE ELK RIVER MUNICIPAL CODE IS
HEREBY REPEALED.
SECTION 2. NEW SECTION 30-416 OF THE ELK RIVER MUNICIPAL
CODE IS HEREBY ADOPTED, AS FOLLOWS:
SECTION 30-416. EXCAVATION, GRADING AND EROSION CONTROL
(A) Purpose.
The purpose of this chapter is to protect the public health, safety and general welfare
by regulating grading on private property.
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(B)
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.
(C) Permits required.
No person shall do any excavation or grading without fIrst having obtained a grading
permit from the city, except for 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 f1lling 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.
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3.
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.
4. Cemetery graves.
5. Refuse disposal sites controlled by other regulations.
6. Excavations for wells or tunnels or utilities.
7. 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.
8. Exploratory excavations under the direction of soil engineers or engineering
geologists.
9. An excavation which is less than two (2) feet in depth, or does not create a
cut slope greater than 5 feet in height and steeper than two horizontal to one
vertical (2:1).
10.
A fill which is less than two (2) feet in depth and placed on natural terrain
with a slope flatter than three horizontal to one vertical (3:1), or less than
three (3) feet in depth, not intended to support structures. The fill shall not
exceed fifty (50) cubic yards on anyone (1) lot and shall not obstruct a
drainage course or infringe upon a ponding area or wet land.
11. 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.
12. State requirements for work in wetlands. Any excavation, grading and filling in a
wetland must meet the requirements of Minn. Stats. ~~ 103F.612--103F.616.
13. Conditional use permit required for certain prq;ects. 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.
D.
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 drainage
channel, the owner of the property upon which the excavation or fill is located, or
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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.
E.
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 surface 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.
BoTTOW means earth material acquired from an off-site location for use in grading on"
a site.
City means the administrative staff, or its agency, of the City of Elk River.
City Council means the elected governing board of the City of Elk River.
Civil Engineer 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.
Com,tJaction means the densification of a fill by mechanical means.
Designer 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.
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Engineering Geoloil 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.
Excavation means the mechanical removal of earth material.
FiN means a deposit of earth material placed by artificial means.
Geotechnical Engineer. See "Soils engineer."
Grade means the vertical location of the ground surface.
Existing grade means the grade prior to grading.
Rough 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.
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~ means a designed compacted fill placed in a trench excavated in earth material
beneath the toe of a proposed fill slope.
Site means any lot or parcel of land or contiguous combination thereof, under the
same ownership, where grading is performed or permitted.
Slope 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 Engineer (Geotechnical Engineer) means an engineer experienced and
knowledgeable in the practice of soil engineering (geotechnical engineering).
Soils Engineering (Geotechnical Engineering) 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 construction
thereof.
Terrace means a relatively level step constructed in the face of a graded slope surface
for drainage and maintenance purposes.
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F.
Grading permit requirements.
1. 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.
2. When permit mqy 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.
3. Application. 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:
(a)
Identify and describe the work to be covered by the permit for which
application is made.
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.
Indicate the purpose of the proposed work.
Be accompanied by plans, diagrams, computations and specifIcations
and other data as required in subsection (e) of this section.
State the valuation of the work.
Be signed by the permittee or his authorized agent.
Give such other data and information as may be required by the city.
(b)
(c)
(d)
(e)
(f)
(g)
4. 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.
5. Information on plans in specifications. The plans shall include the information set
forth in the grading permit application and the Engineering Design
Guidelines.
6.
Alternate materials and methods of 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
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its use. The details of any action granting approval of an alternate shall be
recorded and entered in the fIles of the city.
7.
Modijications. 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 conformity with the intent and purpose of this code.
The details of any action granting modifications shall be recorded and
entered in the fues of the city.
8.
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.
9.
Soils engineering report. The soils engineering report, when required, shall
include data regarding the nature, distribution and strength of existing soils,
conclusions and recommendations for grading procedures and design criteria
for corrective measures, 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.
10. Engineeringgeolo!!J report. 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.
11. 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 Environmental Protection
Agency (USEP A).
12. 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.
13.
Review and issuance of permit. The application, plans, specifications,
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computations and other data ftled 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 ftnds that the work described in an application for a
permit and the plans, speciftcations and other data ftled 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 speciftcations "Reviewed". Such reviewed plans and
speciftcations shall not be changed, modifted 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
speciftcations have been submitted or reviewed, provided adequate
information and detailed statements have been ftled 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.
14.
Retention of plans. One (1) set of reviewed plans, speciftcations 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 speciftcations 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.
15. Validi(yofpermit. The issuance or granting of a permit or approval of plans,
speciftcations 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, speciftcations and other data shall not prevent the
city from thereafter requiring the correction of errors in said plans,
speciftcations 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.
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 ftrst obtained to do so, and the fee
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 speciftcations for such work; and provided further that
such suspension or abandonment has not exceeded one (1) year. In order to
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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.
17.
Suspension 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.
G. 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.
H.
Financial security.
1. 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.
2. In lieu of a surety bond the applicant may ftle a cash bond or instrument of
credit with the city in an amount equal to that which would be required in the
surety bond.
3. If requested by the applicant, the amount of the fmancial 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.
1. 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.
1. No grading changes may be implemented by the applicant unless approved
by the city.
2.
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
request shall be accompanied by any additional supporting information
required by the city.
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3.
If the changes requested by the applicant are acceptable, the city will issue an
amendment to the grading permit.
J.
Cuts.
1.
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.
2. 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, stating 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).
3. Drainage and terracing. Drainage and terracing shall be provided as required by
the Engineering Design Guidelines.
K.
Fills.
1.
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 support structures.
2. 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.
3. 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
both as a suitable foundation for fill.
4.
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.
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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) Compaction. 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.
5. Slope. 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.
6. 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
required by the Engineering Design Guidelines.
L.
Setbacks
1. 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.
2. 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 required interceptor drains.
3. Toe of fill slope. The toe of f1ll 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:
(a) Additional setbacks.
(b) Provisions for retaining or slough walls.
(c) Mechanical or chemical treatment of the fill slope surface to
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mmumze eroslOn.
(d) Provisions for the control of surface waters.
4.
Modijication of 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.
M. Erosion control.
Purpose
The purpose of this chapter is to protect surface water quality and safeguard private
ropertry and public welfare by establishing erosion control.
N. 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 defmed by the MPCA, requirements of the NPDES
Construction permit shall apply in the subdivision and development of land areas
including construction sites permitted through grading permits or building permits.
o.
Storm Water Pollution Prevention Plan (SWPPP)
1. 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.
2. 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.
3. Construction sites must have perimeter best management practices and
construction site entrances installed and inspected before the City of Elk
River will issue a permit for building.
4.
Frozen Ground Conditions do not exempt a site from complying with the
requirements of this Chapter. At the applicant's request alternative perimeter
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controls may be implemented in place of the required silt fence installation.
A "Frozen Ground Agreement" must be completed, signed and submitted.
5.
The following guidelines shall be applied at the city's discretion:
(a) The development shall conform to the topography and soils so as to
create the least potential for soil erosion.
(b) 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.
(c) The smallest practical increment of land shall be exposed at anyone
time during development.
(d) When soil is exposed, the exposure shall be for the shortest feasible
period of time,
(e) 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.
(f) Critical erosion areas exposed during construction shall be protected
with temporary vegetation, mulching or other acceptable means.
(g) 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.
(h) Diversions shall be installed to divert surface water runoff from slopes
of ten percent or steeper.
(i) Provisions shall be made to effectively accommodate increased runoff
from slopes of ten percent or steeper.
G) 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.
(k) During grading operations, necessary measures for dust control, as
required by the city, shall be implemented. (Code 1982, ~ 1008.14(8))
P.
Inspection.
(1) GenerallY. All grading operations for which erosion controls measures are
required shall be subject to inspection by the city.
(2) Regular Site Inspection. The City shall inspect sites permitted for construction by
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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.
(3) 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.
(4) Regular grading requirements. 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.
(5) Notijication of noncompliance. 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.
(6) Transfer of responsibiliry 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.
Q. Completion of work.
(1) 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:
a. 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.
b. 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
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investigation report. The soil engineer shall render a fInding as to the
adequacy of the site for the intended use.
c. 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.
(2) Notijication 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 plan and the required
reports have been submitted.
Reference nuisance language.
R. 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.
Section 3. This ordinance shall take effect upon adoption as provided by law.
Passed and adopted this 18th day of June 2007 by the City Council of the City of Elk River.
W-'a~
ArrEST:
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Tina Allard, City Clerk
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AFFIDAVIT U I A
STATE OF MINNESOTA SS
COUNTY OF SHERBURNE )
RESOLUTION 07-55
A RESOLUTION OF THE CITY
OF ELK RIVER
A RESOLUTION APPROVING
NOTICE OF Elizabeth Harris,being duly sworn on oath says that she is the General Manager of the
SUMMARY PUBLICATION OF Newspaper known as the Star News,and has full knowledge of the facts which are stated
ORDINANCE#07-04 below:
AN ORDINANCE
REPEALING ALL OF
EXISTING SECTION (A)The Newspaper has complied with all oftherequirements constituting qualifications
30.416-EROSION AND as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
SEDIMENT:'CONTROL,OF pp
a hcable laws as ammended.
THE ELK RIVER MUNICIPAL
CODE,AND ADOPTING A
NEW SECTION 30-416 OF THE (B) The printed Resolution, which is attached was cut from the columns of said
ELK RIVER MUNICIPAL newspaper and was printed and published once a week for one week;it was first published
CODE,EXCAVATION, on Wednesday,the 27th day of June,2007,and wastherefore printed andpublished on every
GRADING,AND EROSION
CONTROL' Wednesday to and including Wednesday,the 27th day of June,2007,and printed below is a
WHEREAS,on June 18,2007 the copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowledged
Elk River City Council adopted
Ordinance 07-04 Repealing as being the size and kind of type used in the composition and publication of the notice
Existing Section 30-416,Erosion`
and Sediment Control,of the Elk'
River'Municipal Code, and
Adopting a New Section 30-416 of abcdefghijklmnopgrstuvwxyz
the Elk River Municipal Code,
Excavation,Grading,and Erosion
Control;and
WHEREAS,new Section 30-416 °
is forth rules and regulations to r
introl excavation, grading and
earthwork construction,including
fills and embankments; estab-
lishes the administrative proce-
dure for issuance of permits; and
provides for review of plans and General Manager
and ection of grading construction;
WHEREAS,a copy of the full text Subscribed and sworn to before me on
of the ordinance amending Sec-
tion 30-416 of the Elk River y
Municipal Code is available for
inspection by any person at the
office of the Elk River City Clerk,
13065 Orono Parkway, during i,IN DY M.SC lMl t'S el
regular business hours-8:00 a.m., Notary I�ll lic
to 4:30 p.m,,Monday through Fri-
NOW, THEREFORE, BE IT
F i�ytommiss Expires) nualy;i,?U10
RESOLVED,that the City Coun-
cil of the City of Elk River,by at
least four-fifths vote,authorizes ' Notary Public
the publication of the title and
summary of Ordinance 07-04 and
that Ordinance 07-04 shah RATE INFORMATION
become effective upon adoption as
provided by law,':
Passed and adopted this 18th
day of June 2007. (1) Lowest classified rate paid by $ 28.80
Stephanie Minzing commercial users for comparable space
ATTEST:
Mayor (line' word or inch rate)
Tina Allard,City Clerk (2) Maximum rate allowed by law for the $ 14.85
(Jn27) above matter
(line,word or inch rate)
J
(3) Rate actually charged for the above $ 14.85
matter
(line, word or inch rate)