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.
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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.
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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
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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.
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