Loading...
HomeMy WebLinkAboutCity Council Ordinance 2015-10CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 2015-10 AN ORDINANCE AMENDING SECTIONS 425 AND 526 OF THE PLYMOUTH CITY CODE CONCERNING GRADING AND EROSION CONTROL PLANS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 425 of the City Code is amended to read as follows: Section 425 — Grading and Erosion Control Plan 425.01. Grading and Erosion Control Plan. Subdivision 1. A satisfactory erosion control and grading plan consistent with the Minnesota Stormwater Manual must be approved by the City Engineer before a grading or building permit is issued for construction, if the construction will result in disturbing the soil. Subd. 2. The grading and erosion control plan must provide spot elevations of proposed grades in relation to existing grades on the subject property and adjacent land. Areas where the finished slope will be steeper than five units horizontal to one vertical shall be specifically noted. Also, location and type of erosion control devices shall be clearly labeled. Subd. 3. Every effort shall be made to minimize disturbance of existing ground cover. No grading or filling shall be permitted within 40 feet of the ordinary high water mark of a water body unless specifically approved by the City. To minimize the erosion potential of exposed areas, restoration of ground cover shall be provided within five days after completion of the grading operation. Subd. 4. Every effort shall be made during the building permit application process to determine the full extent of erosion control required. However, the City Engineer may require additional controls to correct specific site related problems as normal inspections are performed. Subd. 5. All erosion, sediment and waste controls control noted on the approved plan shall be installed prior to the initiation of any site grading or construction. Noncompliance with the grading and erosion control plan shall constitute grounds for an order from the City to halt all construction. Subd. 6. All grading and construction activity that results in disturbance of the ground shall comply with the Minnesota Pollution Control Agency's General Permit to Discharge Stormwater Associated with Construction Activity No. MNRI00001 and the Minnesota Stormwater Manual. SECTION 2. Section 526 of the City Code is amended to read as follows: Section 526 — Erosion Control 526.01. Erosion Control Plan. Prior to commencing any earth disturbing activity in a subdivision, the subdivider shall submit an erosion control plan for approval by the City Engineer. The plan shall be approved if it complies with the City's Zoning Ordinance and the requirements contained herein. 526.03. Erosion Control Measures. Subd. 1. The following erosion 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 14 days after initial site grading and other land disturbing operations. An erosion control blanket is required on slopes that are 3:1 or steeper. (Ord. 2008-08, 3/25/2008; Ord. 2011-29, 10/25/2011; Ord. 2012-06, 2/28/2012) D. Permanent vegetation and structures shall be installed within 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. R 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's General Permit to Discharge Stormwater Associated with Construction Activitv No. A47V R100001., the Minnesota Stormwater Manual, or other practices as approved by the City Engineer. (Ord. 2008-08, 312512008; Ord. 2011-29, 1012512011) 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 after the erosion control is complete and financial guarantees have been released. 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. Subd. 2. Financial Guarantee: A. In order to guarantee compliance with erosion control measures, a financial guarantee in the form of a non-interest bearing cash escrow or letter of credit satisfactory to the City in the amount of $1,500 per acre shall be provided to the City before work is commenced. Up to $2,000 of this amount shall be by cash deposit to be held by the City of Plymouth in a non-interest bearing account. The financial guarantee shall remain in place until all the subdivider's obligations under the erosion control plan have been satisfied. (Ord. 2008-08, 312512008) B. If the City draws upon the financial guarantee, the subdivider shall within 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 shall stop within the development until the cash deposit for erosion control is restored to the pre -draw balance. Subd. 3. Street Cleaning. Prior to commencement of grading, the subdivider shall enter into a contract with an unrelated third party to scrape and sweep the streets in the subdivision and on abutting streets from soil and silt deposited on the streets. At a minimum, scraping and sweeping shall take place on a weekly basis. The City shall be furnished a copy of the contract. The contract shall further provide that the City may order cleaning of the streets and that the subdivider shall pay the cost. If the subdivider fails to do so, the City may draw on the subdividers financial guarantee with the City and use it to provide payment for the cleaning. Subd. 4. 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 administration fee of $500 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. (Ord. 2008- 08, 3/25/2008) Effective Date. These amendments shall take effect immediately upon its passage. APPROVED this 24th day of March, 2015. Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, C' Clerk