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HomeMy WebLinkAboutCity Council Ordinance 1995-18CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 95- 18 AN ORDINANCE AMENDING CHAPTER V OF THE PLYMOUTH CITY CODE CONCERNING EROSION CONTROL AND STORM WATER PONDS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Chapter V, Section 500, Subsection 500.29 of the Plymouth City Code is amended by adding a new subdivision 7 and renumbering existing subdivisions 7 and 8 as follows: Subd. 7. Water Quality Ponds. New development that creates more than one acre, cumulatively, of impervious surface may not take place without water quality retention basins, ponds, or devices for the development site in accordance with Minn. Stat. § 103B.3365. Water quality basins shall be designed in accordance with the National Urban Runoff Program (NURP) and 'Protecting Water Quality in Urban Areas" published by the Minnesota Pollution Control Agency. Subd. 8. Water. Water mains and service connections stubbed in to the property line shall be installed to serve all lots in the subdivision when the location of such plat is within an area of the City which is either being assessed for water service or within which contracts for such service have been awarded by the Council. The Council, in its discretion, may waive the application of this portion of the ordinance upon a showing that to require the installation of water mains within the subdivision would not be feasible with regard to the extension of existing trunk mains to service the subdivision or that the particular locations or unusual circumstances of the proposed plat would cause undue hardship to either the owner or subdivider or the City. Subd. 9. Escrow of Required Deposits. All sums deposited with the City in accordance with this subsection shall be kept in separate funds which funds shall be encumbered and earmarked for the later construction of the particular improvements within the particular subdivision; provided, however, that the deposits for concrete curb and gutter and boulevard sodding may be merged into a single fund. Interest earned on the investment of those funds shall accrue and be added to the appropriate fund. 21064 r03/15/95 SECTION 2. Chapter V, Section 500 of the Plymouth City Code is amended by adding subsection 500.30 as follows: 500.30. Erosion Control. Subd. 1. Required Erosion Control Plan. Prior to commencing any earth disturbing activity in a subdivision, the subdivider shall prepare and submit to the City Engineer an erosion control plan for approval by the City Engineer. The plan shall be approved if it complies with the City's zoning ordinance, the City's subdivision ordinance, and the requirements contained herein. Subd. 2. Required Control Measures. The following control measures are required for an erosion control plan: a. The plan shall be suited to the topography and soils so as to create the least erosion potential. b. The land shall be developed in increments of workable size on which adequate controls of erosion and siltation can be provided and maintained during the construction period. Grading operations and other land disturbing operations shall be staged so that the area being developed is not exposed for long periods of time without stabilization. C. Temporary vegetation and/or mulching shall be used to protect the areas exposed during the development. No area shall be left denuded for a period longer than five (5) days after initial site grading and other land disturbing operations on slopes of 3:1 and greater. These areas shall be mulched and stabilized with an erosion control netting acceptable to the City Engineer. d. Permanent vegetation and structures shall be installed within thirty (30) days after completion of initial grading. If grading is not completed until after the planting season has expired, temporary erosion control measures, including dormant seeding and mulching, shall be implemented. e. Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from the land undergoing development. Storm sewer inlets shall be provided with debris guards and microsilt basins to trap sediment and avoid possible damage from blockage. The silt shall be removed when necessary. If sediment/siltation measures taken are not adequate and result in downstream sediment, the subdivider shall be responsible for cleaning out or dredging downstream storm sewers and ponds as necessary. 21064 r03115/95 2 L Before grading is commenced, all control measures as shown on the approved plan shall be installed. g. Immediately after curb and gutter has been placed, cured and backfilled, City approved erosion control measures shall be installed directly behind the curb. This requirement does not alter the subdivider's responsibility for sodding the boulevard. h. Erosion control practices shall comply with the Minnesota Pollution Control Agency Best Management Practices. i. The subdivider shall be responsible for cleaning and maintenance of the storm sewer system [including ponds, pipes, catch basins, culverts, and swales] within the subdivision and the adjacent off-site storm sewer system that receives storm water from the subdivision. The subdivider shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The subdivider's obligations under this paragraph shall end two (2) years after the public improvements in the subdivision have been accepted by the City. j. The subdivider shall be responsible for cleaning all streets in the subdivision and adjacent to the subdivision from silt and dirt from the subdivision for a period of two (2) years ending when the streets have been completed and accepted by the City. Subd. 3. Financial Guarantee. a. A financial guarantee in the form of a non-interest bearing cash escrow or letter of credit satisfactory to the City in an amount determined adequate by the City to guarantee compliance with erosion control measures shall be furnished before work is commenced. The financial guarantee shall remain in place until all the subdivider's obligations under the erosion control plan have been satisfied. b. If the City draws upon the financial guarantee, the subdivider shall within ten (10) days of the draw, deposit with the City additional security of the same type and amount that the City has drawn. No further inspections will be conducted, no new building permits will be issued, and all work must stop within the development until the cash deposit for erosion control is restored to the pre -draw balance. Subd. 4. Street Sweeping. Prior to commencement of grading, the subdivider shall enter into a contract with an unrelated third party to sweep the streets in the 21064 r03/15/95 3 subdivision and on abutting streets from soil and silt deposited on the streets. The City shall be furnished a copy of the contract. The contract shall provide that the contract cannot be cancelled without at least thirty (30) days advance written notice to the City. The contract shall further provide that the City may order sweeping of the streets and that the subdivider shall pay the cost. If the subdivider fails to do so, the City may draw on the subdivider's financial guarantee with the City and use it to provide pay for the sweeping. Subd.5. Enforcement. a. The City may issue a stop work order halting all development work and building construction for noncompliance with the erosion control plan. b. The City may draw down the posted financial guarantee and perform any work necessary to achieve compliance with the erosion control plan. The City will endeavor to give the subdivider advance notice of such action. C. The subdivider shall pay to the City an administrative fee of two -hundred and 00/100 dollars ($200.00) for each violation of the erosion control plan. If the subdivider does not promptly pay the fee, the City may draw upon the posted financial guarantee to pay it. SECTION 3. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this .2%a�/"day of �7w v , 1995, by the City Council of the City of Plymouth. CITY OF PLYMOUTH BY: %Joy ierney, Ma or ATTEST: Laurie Ahrens, City Clerk Published: Sun Sailor, 4-19-95. 21064 r03/15/95 4