5.3. PCSR 04-10-2007J~
City of
Elk -,.-_~
River
City of Elk River Item Number
REQUEST FOR PLANNING COMMISSION 5.~
ACTION
Agenda Section Meeting Date Prepared by
Planning Items April 10, 2007 Rebecca Haug, Environmental
Administrator
Item Description Reviewed by
Request by City of Elk River for Ordinance Amendment to
Land Use Regulations regarding storm water, erosion, grading,
and excavatin ,Case No. OA 07-05 -Public Hea
Introduction
The City is requesting an Ordinance Amendment to the Land Use Regulations regarding Storm
Water & Excavation, Grading and Erosion Control. This Ordinance Amendment is a requirement
of the city's National Pollutant Discharge Elimination System (NPDES) permit.
Discussion
The City of Elk River has been classified as a mandatory Municipal Separate Storm Sewer System
(MS4) community. MS4s are required to develop and implement a stormwater pollution prevention
program (SWPPP) to reduce the discharge of pollutants from their storm sewer system to the
maximum extent practicable. The SWPPP must cover six minimum control measures:
• Public education and outreach;
• Public participation/involvement;
• Illicit discharge, detection and elimination;
• Construction site runoff control;
• Post-construction site runoff control; and
• Pollution prevention/good housekeeping.
The MS4 must identify best management practices (BMPs) and measurable goals associated with
each minimum control measure. As part of the city's SWPPP, we are required to adopt a Storm
Water, Erosion, Grading and Excavating Ordinance. 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 permit. The proposed ordinance 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
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Ordinance Amendment
City of Elk River
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 60% 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
• 60% 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.
Attachments
• Storm Water Ordinance & Excavation, Grading and Erosion Control Ordinance
Action Requested
Staff is recommending approval of the proposed ordinances.
Planning Commission Action Motion by Second by Vote
Follow Up
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General Information
Ordinance Amendment
City of Elk River
Applicant: City of Elk River
Requested Action Ordinance Amendment
Location and Size: N/A
Background
A property owner in the subject area has an open application for a Zone Change, which is the
catalyst for this Ordinance Amendment request. The property in the Zone Change request is a
result of a previous lot line adjustment. The lot was at one time two individual lots that were the
same size as the neighboring properties. In the past the lot line was removed between the two
properties and the lots were combined into one. The property owner's desire is to subdivide the
130-foot lot back into two lots, which would create a new buildable lot. With the current zoning
and the minimum lot frontage requirement, the current lot is not wide enough to create the two lots.
The property is zoned R2(a) with an 80-foot minimum width requirement. If it were zoned R2(b),
which has a frontage requirement of 60-feet, the property could be divided.
Staff has not identified any issues with the lot being split, as the newly created lot is consistent with
the character of the neighborhood. The issue that would be raised, with the original request, is the
practice of spot zoning. This practice is not typically supported by staff or the Council. After
reviewing the Zone Change request, staff realized that a majority of the lots in the R2(a) zoning
district are non-conforming. It was with this knowledge that staff recommended the applicant
postpone his Zone Change request to May 8, 2007 Planning Commission meeting to allow the City
explore an Ordinance Amendment for the area. The applicant agreed to this.
Overview
As a result of the aforementioned Zone Change request, this Ordinance Amendment request was
brought before the City Council on February 20, 2007 for direction. The Council questioned if the
request was premature, given the possibility of redevelopment in the area. The Council wanted
feedback from the HRA in regards to the request. At their March 5, 2007 meeting, the HRA stated
they would prefer to see an Ordinance Amendment over a Zone Change to the properties.
Analysis
The "subject area" is approximately 345-feet wide, east of Jackson Avenue, north of 5`h Street and
south of School Street. Although this request began with a Zone Change request in the "subject
area", this Ordinance Amendment would affect each lot in the R2(a) zoning district.
The "subject area" is currently zoned R2(a) with asingle-family frontage requirement of 80-feet and
a lot size requirement of 10,000 square feet. The properties in the subject area range in width from
approximately 34-feet to 130-feet. In order to comply with the current zoning requirements, each
single-family lot must have 80-feet of frontage. There are 20 properties north of 5th Street to
School Street, of which only three meet the minimum lot widths. These three lots are wider than
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Ordinance Amendment
City of Elk River
120-feet. These three lots appear to have been combined in the past. With the current lot
dimension requirements, seventeen of the properties are non-conforming lots. Throughout the City,
there are approximately 50 other lots of this nature. The proposed change would not create more
nonconforming lots.
The only difference, other than the dimensional requirements, between the two zoning districts is
that the R2(b) district allows townhouses and multifamily dwellings (four units per structure
maximum), where the R2(a) does not.
Staff is recommending that the R2(a) zoning district lot sizes for single-family lots change to 6,000
square feet and the lot width change to 60-feet. With theses changes, single-family lots in both the
R2(a) and R2(b) zoning district would be the same. This request appears to bring most of the non-
conforming lots within the city into conformity. It would also maintain the intent of the R2(a)
zoning district by not allowing townhome structures.
Comprehensive Plan
The Comprehensive Plan guides this area as Old Town which is the home for a wide range of
housing. The Plan seeks to protect and promote the maintenance of the single family
neighborhoods. The majority of the existing high density housing is located in the Old Town area.
Recommendation
Staff recommends that the Planning Commission recommend approval of the Ordinance
Amendment with the following changes:
1. The R2(a) minimum lot size shall be 6,000 square feet
2. The R2(a) minimum lot width shall be 60-feet
3. Add to R2(b) "100' width on corner lots"
Respectfully Submitted
Chris Leeseberg
Park Planner /Planner
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City of Elk River
DIVISION X. STORM WATER MANAGEMENT
Sec. XX. Generally
(a) The purpose of this division is to set forth the m;n;mum 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 flooding;
2) Protect public and private property from damage resulting from runoff or erosion;
3) Ensure site design min;m;yes the generation of storm water and maximizes pervious
areas for storm water treatment;
4) Promote regional storm water management by watershed;
5) Protect, maintain and/or restore water quality from nutrients, pathogens, toxics and
debris;
6) Promote infiltration and groundwater recharge;
7) Achieve a sixty (60) percent reduction in phosphorus load rates to waters compared
to no controls for all'new development, and a mean of forty (40) percent reduction
in phosphorus-load for redevelopment areas that do not currently meet the sixty (60)
percent reduction standard and for street reconstruction where practicable.
(b) No person shall develop any land for residential, commercial, industrial, or institutional uses
without having provided storm water management measures that control or manage runoff
from such developments. All water entering the storm drain system generated on any
developed and undeveloped lands unless explicitly exempted by the city shall be protected
from illegal disposal/discharge and illegal connections.
Section XX. Definitions.
Unless specifically defined 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.
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.
Best M~a~nent Practices ~BMP's~ means erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling,
preventing, and m;tZmi~ing the degradation of surface water, including
construction-phasing, m;n;mi~.;ng 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 Wetlands," the United States
Environmental Protection Agency's, "Storm Water Management for Construction
Activities: Developing Pollution Prevention Plans and Best Management Practices," (as a
reference for BMP's) and the Minnesota Department of Transportation's, "Erosion Control
Design Manual.")
B~ means a protective vegetated zone located adjacent to a natural resource, such as a
water of the state, that is subject to direct or indirect human alteration. Such a buffer strip is
an integral part of protecting an aquatic ecosystem_through filtering, pollutants and
providing adjacent habitat. The width of a buffer strip is the width along each bank of a
stream. Therefore, a 30-foot wide stream with 100 foot buffer strips has a total width of 230
feet. Acceptable buffer vegetation includes preserving existing predevelopment vegetation
and/or planting locally distributed native Minnesota trees, shrubs and grassy vegetation.
Alteration of buffers is strictly limited. Buffer areas are designated with permanent markers.
means a person, firm, corporation, sole proprietorship, partnership, state agency,
or political subdivision thereof engaged in a land disturbance 'activity.
13~means the release, conveyance, channeling, runoff, or drainage, of storm water,
including snowmelt, from a construction site.
Ener~si~iztum means the methods employed at pipe outlets to prevent erosion.
Examples include, but are not limited to; aprons, riprap, splash pads, and gabions that are
designed to prevent erosion...
Erosion means any process that wears away the surface of the land by the action of water,
wind, ice, or gravity. Erosion.. can be accelerated by the activities of people and nature.
Erosion Contfvl Refers to methods employed to prevent erosion. Examples include soil
stabilization practices„.horizontal slope grading, temporary or permanent cover, and
construction phasing.
Erosion mul Ss~nent Practice Sped ar Practice means the management procedures,
techniques, 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.
Exposed 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 Strit~s means a vegetated section of land designed to treat runoff as overland sheet
flow. They maybe 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 seventy-five (75) percent of
the cover for unpaved areas and areas not covered by permanent structures has been
established, or equivalent permanent stabilization measures have been employed. Simply
sowing grass seed is not considered final stabilization. (Examples of vegetative cover
practices can be found in the current version of the Minnesota Department of
Transportation's publication, "Supplemental Specifications to the (year of the latest uj~ate)
Standard Specifications for Construction.")
H ric Soils means soils that are saturated, flooded, or ponded long enough during the
growing season to develop anaerobic conditions in the upper part:
H d~ is 1Tegetattion means Macrophytic (large enough to be observed by the naked eye)
plant life growing in water, soil or on a substrate that is at least periodically deficient in
oxygen as a result of excessive water content.
Impervious Surface means a constructed hard surface that either prevents or retards the entry
of water into the soil, and causes water to run off the surface in greater quantities and at an
increased rate of flow Phan existed prior to development. Examples include rooftops,
sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel
roads.
Land Dr'sturlx~ Acziznty means any land change that may result in soil erosion from water
or wind. and the movement of sediments into or upon waters or lands within this
government's jurisdiction, including clearing & grubbing, grading, excavating, transporting
and filling of land. Within the context of this rule, land disturbance activity does not mean:
A.) Individual home gardens, minor landscaping, repairs, and maintenance work.
B.) Construction, 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,
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.
Natize ijegetatian 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.
Orz~mar~igh Water Mark means the boundary elevation where the vegetation changes from
predominately aquatic (Where "aquatic" broadly means that the vegetation can survive moist
conditions.) to terrestrial. This elevation delineates the highest water level, which has been
maintained for a sufficient period of time to leave evidence upon the landscape, commonly
that point where the natural vegetation changes from predominantly aquaticto
predominantly terrestrial. Water often reaches this','elevation in spring. For rivers and
streams the ordinary high water mark is usually the. top of the bank. It is less well defined
for lakes and wetlands. The definition in Minnesota Statute 103G.005, subdivision 14 says
that the " ... "Ordinary high water level" means the boundary of waterbasins, watercourses,
public waters, and public waters wetlands, and:
(1) the ordinary high water level is an elevation delineating the highest water
level that has been maintained for a sufficientperiod'of time to leave
evidence upon the landscape, commonly the point where the natural vegetation
changes from predominantly aquatic to predominantly terrestrial;
(2) for watercourses, the ordinary high water level is the elevation of the top of
the bank of the channel;: and
(3) for reservoirs and flowages, the ordinary high water level is the operating
elevation of the. normal summer pool.
The term "ordinary high water mark" is further defined in Minnesota Rule 6120.2500,
subpart 11. The Minnesota Department of Natural Resources' area hydrologist determines
ordinary high water marks.
Par, Su ace means a constructed 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 C.a~r means "final stabilization." Examples include grass, gravel, asphalt, and
concrete. See also the definition of "final stabilization."
Re<eir~mgze+zters means the water where the discharge goes
Saner facility means all property, real or personal, including
negative and positive easements and water and air rights, which is or may be needed or
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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.
Sedima~tation means the process or action of depositing sediment.
Sedvnent C,ontrvl means the methods employed to prevent sediment from leaving the
development site. Sediment control practices include silt fences, sediment traps, earth
dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet
protection, and temporary or permanent sedimentation basins.
Soil means the unconsolidated mineral and organic material on the immediate.surface of the
earth. For the purposes of this document stockpile of gravel, aggregate, concrete or
bituminous materials are not considered "soil" stockpiles.
Stabilized means the exposed ground surface after sod, erosion control blanket, riprap, or
other material that prevents erosion has covered it. Simply sowing grass seed is not
considered stabilization.
Storm Water under Minnesota Rule 7077.0105, subpart 41b storm water, "means
precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff
and drainage." (According to the Federal Code of Regulations under 40 CFR 122.26 [b][13],
"Storm water means storm water runoff, snow melt runoff and surface and drainage.").
Storm water does not include construction site dewatering.
Storm Water Pollution C-ont~nl Plan means a joint storm water and erosion and sediment
control plan that is a document containing the requirements of Section 4 of the NPDES
permit, that when implemented will decrease soil erosion on a parcel of land and off-site
nonpoint pollution. It involves both temporary and permanent controls.
Structure means anything manufactured, constructed or erected, which is normally attached
to or positioned on land, including portable structures, earthen structures, roads, parking
lots, and paved storage areas.
Su&z~zvisi~ 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."
Trayy Prot~tion means short-term methods employed to prevent erosion. Examples of
such protection include: straw, mulch, erosion control blankets, wood chips, and erosion
netting.
iVegetata~ or ~r-assy S¢eales 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.
Waters of 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"
Wet Detaztao~c Facility means a permanent man-made structure, containing a permanent pool
of water, used for the temporary storage of runoff.
WetRetazti~t Facility The same as a wet detention facility.
Wetlands As defined in Minnesota Rules 7050.0130, subpart<F, " ... "wetlands" are-those
areas that are inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs,.. and similar areas. 'Constructed wetlands designed
for wastewater treatment are not waters of the.. state. Wetlands must. have the following
attributes:
A.) A predominance of hydric soils;.
B.) Inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support a prevalence of hydrophytic vegetation
typically adapted for.: life in a saturated soil condition; and
C:) Under normal circumstances support a prevalence of such vegetation."
Sec. XX Storm Water and Urban Runoff Control
(a) Illegal disposal/dumping
1) No person shall throw, deposit, place, leave, maintain, or keep any substance upon
any street, alley, 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, diverted stream flows, rising
ground water, ground water infiltration to storm drains, uncontaminated pumped
ground water, foundation or footing drains (not including active groundwater
dewatering systems), crawl space pumps, air conditioning condensation, springs,
non-commercial washing of vehicles, natural riparian habitat or wetland flows,
dechlorinated swimming pools and any other water source not containing
pollutant.
(2) Dye testing is an allowable discharge, but requires a verbal notification to the
city prior to the time of the test.
(3) No person shall use any illicit connection to convey non-storm water to the city's
storm sewer system.
(4) The construction, use, maintenance or continued existence of illicit connections to
the storm sewer system is prohibited. This prohibition expressly includes, without
limitation; illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at the time of
connection.
(5) A person is considered to be in violation of this ordinance if the person connects a
line conveying sewage to the storm sewer system, or allows such a connection to
continue.
(c) Good housekeeping provisions.
Any owner or occupant of property within the city shall comply with the following good
housekeeping requirements:
(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 requiring 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
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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.
d. For pools, water shall be allowed to sit seven (7) days without the
addition of chlorine to allow for chlorine to evaporate before
discharge.
(2) Runoff of water from residential property shall be m;nirr>i?~d to the maximum extent
practicable. Runoff of water from the washing down of paved areas in commercial or
industrial property is prohibited unless necessary for health or safety purposes and
not in violation of any other provisions in city codes.
(3) Mobile washing companies (carpet cleaning, mobile vehicle washing, etc) shall
dispose of wastewater to the sanitary sewer. Wastewater shall not be discharged
where drainage to streets or storm sewer systems may occur.
(4) Storage of materials, machinery, and equipment
a. Objects, such as motor vehicle parts,. containing grease, oil or other
hazardous. substances, and unsealed receptacles containing hazardous
materials, shall not be stored in areas susceptible to runoff.
b. Any machinery or equipment that is to be repaired or maintained in
areas susceptible to runoff shall be placed in a confined area to
,contain leaks, spills, or discharges.
(5) Debris and residue shall be removed, as noted below:
a. All motor vehicle parking lots and private streets shall be swept, at a
m;n;mum of once a year in the spring to remove debris. Such debris
shall be collected and properly disposed.
b. Fuel and chemical residue or other types of potentially 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
permit shall comply with all provisions of such permit. Proof of compliance with said
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permit 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.
(2) Arty person responsible for a property or premise, which is, the source of an illicit
discharge, shall be required to implement, at said person's expense, additional
structural and non-structural BMPs to prevent the further discharge of pollutants to
the storm sewer system. These BNIl's shall be part of a storm water pollution
prevention plan (SWPPP) as necessary for compliance with requirements of the
NPDES permit.
(e) Construction and building site activity.
Construction sites and landscaping projects are especially susceptible to erosion and
pollution. For this reason, construction site operators must control waste such as discarded
building materials, concrete truck washout, chemicals, petroleum products, litter, and
sanitary waste at the construction site that may cause adverse impacts. to water quality. The
developer shall be held responsible for adherence to these required prevention and control
measures:
(1) A designated area shall be provided on ite for concrete truck washout. The area
shall be constructed so as to contain washout material and be located at least fifty
(50) feet away from any storm drain inlet or receiving water during construction.
Upon completion of construction activities the concrete washout material will be
removed and properly disposed` of prior to the area being restored.
(2) The guidelines below should''be followed concerning debris storage and disposal:
a. Daily cleanup of construction site shall be performed to ensure that
all fitter is contained in an appropriate enclosure or container so as
not to accumulate on the ground.
b. Operators 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.
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(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 graded 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 rock construction
entrance throughout building construction until a dust free access has been installed.
(4) Sanitary waste facilities shall be provided on site and be located as far from storm sewer
inlets and receiving waters as practical on the construction site.
(5) Chemicals, paint, petroleum, fertilizer, and pesticides must be stored in a covered
enclosure and as far from receiving waters as practical on the construction site.
(f) Notification of spills.
Not withstanding other requirements of law, as soon as anyperson responsible for a facility
or operation, or responsible for emergency response for a facility or operation has
information of any known or suspected.. release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the storm sewer system, or water of the
state said person shall take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous materials said person
shall immediately notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of non-hazardous materials, said person shall
notify the city no later than the next business day.
(g) Access to buildings for inspection, monitoring and/or dye testing.
(1) The city shall be permitted to enter and inspect all buildings under this ordinance as
often as maybe necessaryto determine compliance with this ordinance.
(2) Facility operators shall allow the city ready access to all parts of the premises for the
purposes of inspection, sampling, dye testing, examination and copying of records that relate
to the discharge of storm water.
(3) The city shall have 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 premises from which storm water
is discharged, and is able to demonstrate probable cause to believe that there maybe a
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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
The city may, without prior notice, suspend storm sewer system discharge access to a person
when such suspension is necessary to stop an actual or threatened' discharge which presents
or may present imminent and substantial danger to the environment, or to the health or
welfare of persons, or to the storm sewer system or waters of the state. If the violator fails to
comply with a suspension order issued in an emergency, the city may take such steps as
deemed necessary to prevent or m;n;mi~e damage to the storm sewer system or waters of
the state, or to minimise danger to persons.
(2) Suspension due to the detection of illicit discharge
Any person discharging to the storm sewer system in violation of this ordinance may have
their storm sewer system access terminated if such termination would abate or reduce an
illicit discharge. A person commits an offense if`the person reinstates storm sewer system
access to premises terminated pursuant to this section, without the prior approval of the
city.
(i) Enforceme_nt.
(1) Notice of Violation.
(a) Upon discovering that a person has violated a prohibition or failed to meet a
requirement of this section, under the provisions of this article the city administrator or
designee shall serve a notice upon the owner of the property upon which the nuisance exists.
Such notice shall be given by certified mail at the last known address as shown on the
property tax records of the county. Such notice shall advise that a nuisance exists and require
the property owner to abate the nuisance within a reasonable time, as established by the city
administrator or designee and stated in the notice. Such time shall not be less than 14 days.
Such notice may require 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
11
e. Payment of a fine to cover administrative and remediation costs; and
£ The implementation of source control or treatment BNIl's.
(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 this section. After such
hearing the city administrator or designee may affirm the notice, modify the notice or quash
the notice.
(d) If the property owner does not abate the nuisance as required by the notice provided
for in subsection (a) of this section and has not requested a hearing before the city
administrator or designee under subsection (b) of this section, authorized agents of the city
shall abate the nuisance. The cost of such abatement shall be collected as a special
assessment against the property upon which the nuisance was located.
(e) If the property owner requests a hearing before the city administrator or designee under
subsection (b) of this section, no abatement actions shall be aken until the hearing is held. If
after the hearing the city administrator or designee affirms or modifies the notice and the
nuisance is not abated as provided in the notice as affirmed or modified, authorized agents
of the city shall abate the nuisance. The cost of such abatement shall be collected as a special
assessment against the property upon which the nuisance was located.
(f) Nothing in this section prevents abatement by the city of a public nuisance without
notice and hearing in the case of an emergency in which there is an immediate and direct
threat to the public health or safety. The expense of such an emergency abatement shall be
collected as a special assessment' against the property upon which the nuisance was located.
Sec. XX. Post Construction Storm Water Management
The purpose of this section 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 (1988-19:90) to the present (2000-2005), and from the present to 2020 or
ultimate development, whichever will occur first .
(a) The applicant shall consider reducing the need for storm water management performance
standards by incorporating the use of natural topography and land cover. It shall also:
1. M;n;m;~p impact to significant natural features.
2. Review the site for wetlands, wooded areas of significance, 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.
12
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) Phosphorus control.
Storm water shall be treated to remove sixty (60) percent of the post-development
phosphorus load on an annual basis before discharge to natural water bodies. Where water
quality ponding is exclusively used to meet the phosphorus removal requirement, the ponds
must be sized to store the site runoff from a two and one-half (2.5) inch rainfall below the
normal outlet elevation.
(3) Total Suspended Solids
Treatment also must achieve a sixty (60) percent removal of suspended solids.
(4) Oil and grease control.
For all storm water plans for commercial. or industrial developments and all other uses where
the potential for pollution by oil or grease; or both, exists, the first one-half (0.5) inch of
runoff will be treated using the best oil and grease removal technology available. This
requirement maybe waived by the city when the applicant. can demonstrate that installation
of such practices is not necessary.
(5) Runoff rate control -refer to city's design standards
(b) All storm water facilities shall be designed, installed and maintained to effectively
accomplish the following:
a. Minrnize predevelopment peak runoff rates for the two (2) year, twenty-four (24) hour
storm event.
b. 1~/IirLrr,;~P predevelopment peak runoff rates for the ten (10) year, twenty-four (24) hour
storm event. At a min;mum, the storm sewer system shall be designed for this storm event.
Low areas must have an acceptable overland drainage route with the proper transfer capacity
when the event is exceeded.
c. 1VLn;m;~P 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 anon-erosive velocity. Outlet design must consider flow capacity and flow
duration. This 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 maYirni_ze 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 water
runoff before discharge into public waters or 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 considerations, consistent with zoning,
subdivision, and PUD requirements:
1) Natural vegetation preserved wherever practical
2) Narrowing street widths
3) Reducing parking lot space
4) Sidewalk locations
5) Reducing setbacks and driveways
6) Maxi_mi~ing open space while incorporating smaller lot sizes to conserve natural
areas and reduce the amount of storm water runoff generated at the site
7) Using landscaping and soils to treat and infiltrate storm water runoff
8) Eliminate curb and gutter where practicable, and use vegetated swales or equivalent
9) Look for vegetated areas: that can filter sheet flow, removing sediment and other
...pollutants, and increasing the time of concentration
10) Disconnect impervious areas by allowing runoff from small impervious areas to be
directed to pervious areas where it can be infiltrated or filtered
11) All runoff from downspouts, driveways and other impervious areas shall be directed
to pervious surfaces, 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 requirements
14) Install semi-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-site storm water
management and associated fees maybe established, provided that provisions are made to
manage storm water by an off-site facility, and provided that all of the following conditions
for the off-site facility are met:
(1) The facility is in place or the city has knowledge of future regional ponding on site;
(2) The facility is designed and adequately sized to provide a level of storm water control
that at least meets the ordinance standards
(3) The city is satisfied that the facility has a legally obligated entity responsible for its long-
term operation and maintenance.
(f) Accepted alternative storm water treatments.
Alternative storm water treatments, including but not limited to rain gardens and infiltration
basins, maybe installed.`and shall be reviewed and approved by the city.
(g) Maintenance of private storm water facilities.
All private storm water facilities shall be maintained by the owner in proper condition
consistent with the performance standards for which they were originally designed.
(1) All settled materials from sumps, grit chambers, and other devices, including settled
solids, shall be removed and properly disposed of on an annual basis. One (1) to five (5) year
waivers from this requirement maybe granted by the city when the owner presents evidence
that the facility has additional capacity to remove settled solids in accordance with the
original design capacity.
(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 minimi~.e 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 anytime 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
(i) Penalty.
The offending party will be issued an administrative citation for the unsatisfactory
condition at the time the written notice of violation is given. The city may also
enforce Minnesota Statute 169.42 with the maximum penalty for a misdemeanor as
prescribed by state law.
16
PROPOSED 1/17/06 - JMA
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 regulations.
(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 direction 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).
F. A fill which is:
a. 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
b. Less than three (3) feet in depth, not intended to support structures.
The fill shall not exceed fifty (50) cubic yards on any one (1) lot
and shall not obstruct a drainage course 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. §§ 103F.612--103F.616.
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.
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 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 surface conditions on completion of grading.
Bedrock means in-place solid rock.
2
Bench means a relatively level step excavated into earth material of which fill is to be
placed.
Borrow means earth material acquired from anoff-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.
Compaction 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.
Engineering geology 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.
Fill 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.
Key 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.
3
Terrace means a relatively level step constructed 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. 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:
(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.
(7) 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.
(E) Information on plans in specifications. The plans shall include the information
set forth in the grading permit application and the Engineering Design
Guidelines.
(F) 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
4
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 conformity 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.
(I) 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.
(J) Engineering geology 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.
(K) 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
(USEPA).
(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
5
processing or related operations on legal holidays if such activities cause noise or
other disturbances to adjacent property owners.
(M) Review and issuance ofpermit. 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 of plans. 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 ofpermit. 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. T'he 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 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
6
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) 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.
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
request shall be accompanied by any additional supporting information
required by the city.
7
C. If the changes requested by the applicant are acceptable, the city will issue an
amendment to the grading permit.
Cuts.
(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, 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).
(c) Drainage and terracing. Drainage and terracing shall be provided as required by the
Engineering Design Guidelines.
Fills.
(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 support
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.
(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.
8
(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.
(f) 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.
(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 required by the
Engineering Design Guidelines.
Setbacks.
(a) 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 required interceptor drains.
(c) 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.
(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) Modification 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.
Erosion control.
Purpose
The purpose of this chapter is to protect surface water quality and safeguard private
propertry 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
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Best management practices as defined 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.
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
construction site entrances installed and inspected before the City of Elk River will issue
a permit for building.
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, signed and submitted.
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 any one time during
development.
(4) When soil is exposed, the exposure shall be for the shortest feasible period of time,
(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.
(7) 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.
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(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 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 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.
(e) Notification 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.
(f) Transfer of responsibility 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.
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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.
(2) Asoils-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 plan and the required reports have been
submitted.
Reference
nuisance
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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