7. Discussion on development code related to grading and land alteration permitsSCANDILA
Staff Report
Date of Meeting: June 6, 2018
To: City Council
From: Neil Soltis, Administrator
Re: Grading and Land Alteration permits
Background: At the May 2 Work Session there was discussion regarding stormwater issues at the
Bliss addition and the plan review process. Below is an excerpt from the minutes of that meeting"
Council member Kronmiller agreed that cabins are being replaced with larger homes and
it's getting harder to control the stormwater beyond what was designed here and
questioned the implementation of the site plan for the new home. Kronmiller noted that
the building permit approval should have a process so that the stormwater impacts do not
affect the entire neighborhood. Soltis recommended an Engineering review of separate
grading permits rather than delegating this to the building inspector. Kronmiller said that
enforcement is needed along the way to ensure they are building what is expected.
Council member Schneider added that this should be looked at more closely in the
variance process as well.
Currently Chapter 2, Section 3.6 of the Development Code provides an exemption from obtaining a
Land Alteration and Grading permit provided that the activities are associated with a project with a
building permit and there is a minimal amount of land disturbance. A copy of that code section
follows this cover memo.
Providing this exemption does not allow the City to recover any portion of the consultant time
necessary to review and comment on the application. Under the fee ordinance the fee for a permit
is $50 with an escrow to cover costs associated with the review of $500 for less than 100 cubic
yards and $1,000 for 100 cubic yards or greater.
Council should discuss whether or the extent to which this exemption should be provided for
construction projects.
EFFECTIVE NOVEMBER 3, 2010 amended through April 17, 2018 (Ordinance 196) Chapter Two 0 Zoning Regulations
(B) Within the non -buildable setback, fences shall be allowed along the side lot lines, but
shall not exceed 6 feet in height from the finished ground grade.
(C) Within the buildable area of the property, fences shall have a maximum height of 6
feet from the finished ground grade.
(3) Fences are permitted along a property line abutting a road right-of-way in accordance with the
following:
(A) On properties that are being used for agriculture, a fence may be constructed up to 6
feet in height provided the fence is a wire strand, woven wire or wood rail fence.
(B) On properties where the primary use is residential, commercial or industrial, fences
shall not exceed 4 feet in height. Fences within the non -buildable setback area and less
than 20 feet from the front property line shall not exceed 4 feet in height.
3.6 Land Alteration and Grading
(1) Applicability and Required Permits. Any person, firm, sole proprietorship, partnership,
corporation, state agency, or political subdivision proposing a land disturbance activity
within the City shall apply to the City for an Administrative Permit for Grading and Erosion
and Sediment Control. No land shall be disturbed until the permit is granted by the city and
conforms to the standards set forth in this code. A grading and erosion and sediment control
plan shall be submitted and an Administrative Permit obtained for the following activities:
(A) Land alteration and grading of 50 cubic yards or more and/or the disturbance of land
area of 1,000 square feet or more.
(B) Any excavating, grading or filling or change in the earth's topography in any
designated wetland, floodplain or shoreland district.
(C) Any changing of a natural drainageway or drainage pattern that increases or intensifies
the flow of surface water upon an adjacent property.
(2) Exemptions. A permit is not required for the following: installation and maintenance of
home gardens; minor landscaping where the total volume of earth disturbed does not exceed
50 cubic yards; agricultural activities; cemetery graves; grading activities associated with a
construction project provided a building permit is issued and there is a minimal amount of
land disturbance; subdivisions that have received final plat approval and driveways permitted
in conjunction with a building permit; and emergency work necessary to protect life, limb or
property.
(3) Other Permits. The issuance of a City permit does not exempt the applicant from the
requirements and permitting authority of other agencies having jurisdiction over the work
performed.
(4) Permit Application. The application for a permit shall include an existing and a finished
grade plan and an erosion and sediment control plan. The plans shall be drawn to scale at a
scale of no less than 1 foot to 200 feet. The plans shall indicate site topography, including
contour intervals of not more than 2 feet. The first sheet of the plans shall give the location
of the work and the name and address of the owner and the person who prepared the plans.
City of Scandia Development Code, Chapter 2 44