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