5. Discussion on draft amendment to development code regulating land alteration and grading444 Cedar Srreel, 5vle 1500
Saint Paul, MN 55101
651 292.4400
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Memorandum
To: Scandia Planning Reference: Grading and Land Alteration
Commission Standards --Discussion
Copies To: Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Project No.: 16623.000
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: June 25, 2018
The City Council requested that that the Planning Commission should discuss amending the
Development code section related to Grading and Land Alteration permits. The issues that the
Council identified include:
The City is receiving applications for building projects on small parcels, particularly in
Shoreland areas. There have also been some recent projects that have affected
sedimentation and drainage off-site on other parcels or onto city rights-of-way. These
projects have not met the current Development Code thresholds that require submitting
a grading or land alternation permit and could not be regulated. (The current standard
says that a permit is required for land alteration and grading of 10 cubic yards or
disturbance of 1,000 square feet of area.)
• The current Development Code requirements exempt projects that need a building
permit from a requirement to submit a separate grading and land alteration permit. The
Building Inspector reviews these permit applications, rather than the City Engineer.
If the Engineer's time is needed for these grading reviews, this exemption does not allow
the City to recover the costs of the Engineer's time to review the grading plans and
recommend changes if needed.
• The City recently adopted a lower threshold for requiring grading permits in the
Shoreland Ordinance.
The City Planner and Administrator have discussed amending the ordinance to address the
concerns. A draft ordinance amendment is attached that includes the following potential
changes:
• Reduces the threshold for when a permit is needed from 50 to 10 cubic yards of land
alteration and grading, or 600 square feet or more of land area (down from 1,000 square
An rtnl*Ud* owned comvaq prornming dI-4rrnatlo o[llon arW equal appo-rlunily
Grading and Land Alteration Permits Page 2 July 3, 2018
Scandia Planning Commission
feet). These are the same thresholds as those that the City adopted in the Shoreland
Ordinance update.
• Adds requirements that any excavating, grading or filling in public waters, wetland
setback areas, bluff setback areas or bluff impact areas or the St. Croix River District
require a permit.
• Adds a requirement that the City can require a permit for any land alteration or
development activity, regardless of size if it is likely to cause an adverse impact to an
environmentally sensitive area or to another property or City right-of-way.
• Removes the permit exemption for projects that need a building permit.
• Changes the threshold for driveway permits to the same threshold proposed for other
grading and land alteration permits.
• Updates the section on Permit Applications to include the requirements for the grading
and land alteration permits, including the fee and escrow established by the city.
• Updates the section on fill slopes to match the updated Shoreland Ordinance.
The Planning Commission will discuss the proposed changes to the Grading and Land
Alteration standards in the Development Code at its July 3 meeting.
7
CITY OF SCANDIA
ORDINANCE NO.
AN ORDINANCE AMENDING
ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE,
CHAPTER 2, SECTION 3.6 REGARDING LAND ALTERATION AND GRADING
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code", or "Code"), Chapter Two, Section 3.6, Land Alteration and Grading,
shall be amended to read as follows:
(A)
3.6 Land Alteration and Grading
(1) Purpose. The purpose of this section is to establish regulatory requirements for land
development and land disturbing activities aimed at minimizing the threats to public
health, safety, public and private property, and natural resources within the City from
construction site erosion and sedimentation.
(2) 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 or
developed 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 Jcubic yards (Note: approxi
dump truck load) or more and/or the disturbance of land area
or more. (Note: These are the standard adopted in the Shorel
( All major or minor subdivisions.
Deleted: 50
Deleted: 1,000
(C) Any excavating, grading or filling or change in the earth's topography in any
designated wetland or public water, wetland setback area, bluff setback or bluff
impact area, floodplain,,shoreland district or the St. Croix River District. Deleted: or
(D) AU land alteration or development activity, regardless of size, that the City Deleted: Any changing of a natural drainageway or drainage
determines is likely to cause an adverse impact to an environmentally sensitive pattern that increases or intensifies the flow of surface Water upon an
area or to another public or private property or City right-of-way, adjacent property
Deleted:.
(3) Exemptions. A permit is not required for the following:
Deleted: i
(A) Jnstallation and maintenance of home gardens minor landscaping where the Deleted: ;
total volume of earth disturbed does not exceeda0 cubic yards, Deleted: s
Deleted: ;
Routine agricultural activities such as tilling, planting, harvesting, and associated
Deleted: ;
activities_ ,
Deleted. 169
Ordinance No. - Paee 1 of 5
priveways permitted in conjunction with a building permit provided there is le
than 10 cubic yards of land alteration or grading and/or the disturbance of land
(F) emergency work necessary to protect life, limb or property.
(4) 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.
(5) Permit Application. The applicantion for a grading and land alteration permit shall be
submitted to the City on the required form. The application for arg ading and land
alteration 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. The application
shall include the required fee and escrow established by the City.
(A) The finished grade plan shall show no adverse effects on adjacent land. The
grading plan shall clearly indicate the proposed land disturbing activities. Both
existing and proposed topography shall be shown. Drainage patterns shall be
clearly shown using arrows depicting the direction of flow. Other information
shall be shown as required by the City based on specific project characteristics.
(B) The erosion and sediment control plan shall be prepared by a qualified
professional certified by the Minnesota Department of Transportation or other
certification acceptable to the City. The plan shall include at a minimum the lot
boundaries, name, address and telephone number of the party responsible for
maintenance of the sediment control measures, easement areas, building
locations, drainage directions indicated by arrows, location of construction site
access, stockpiles, trash containers, concrete washout area, and all proposed
temporary and permanent erosion and sediment control measures. The
application shall document that the applicant has applied for an NPDES Permit
from the Minnesota Pollution Control Agency, if applicable.
(C) At a minimum, the grading, erosion and sediment control measures shall conform
to those for Erosion Prevention and Sediment Control included in the current
version of the Minnesota Pollution Control Agency's Manual "Protecting Water
Quality in Urban Areas."
(D) The City may require additional erosion and sediment control measures for sites
draining to Outstanding Resource Value Waters (ORVW) identified by the State
of Minnesota, or for slopes leading to a sensitive, impaired or special water body
to assure retention of sediment on site.
Ordinance No. - Paee 2 of 5
Deleted: c
Deleted: ;
Deleted: g
Deleted: coding 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
Deleted: d
Deleted: ; and
Deleted: e
(E) A permit fee shall be paid by the applicant prior to issuing any permit. The fee
shall cover review of the application and typical inspections for enforcement.
Any inspections and administration of the permit triggered by a notice of
violation are not included in this fee.
(F) The applicant will be required to file with the City an escrow to cover the City's
costs for failure by the applicant to make repairs or improvements installed on
the site, and any costs associated with a Notice of Violation. The project will be
considered complete and the escrow released when the site has reached final
stabilization. The applicant is required to inform the City when the site has
reached stabilization and the city may complete a final compliance inspection.
(G) Grading and Erosion and Sediment Control permit applications will be reviewed
by the Zoning Administrator, and as deemed necessary, by the City Engineer.
Applications may also be referred to a watershed district, watershed management
organization or to other agencies for review and comment.
(6) General Standards. The following general standards shall apply for grading, drainage
and erosion control:
(A) All development shall conform to the natural limitations presented by the
topography and soil as to minimize the potential for soil erosion.
(B) Slopes over 25% (4:1) shall not be altered.
(C) Development on slopes with a grade between 12% (8:1) and 25% (4:1),chall be Deleted:
carefully reviewed to insure adequate measures have been taken to prevent soil
erosion, sedimentation, vegetative, and structural damage.
(D) Plans to place fill or excavated material on steep slopes (greater than 18%) shall
be reviewed by the City Engineer for slope stability, and shall not create finished
slopes of 30 percent oregr. ater.
(E) Erosion and siltation measures shall be coordinated with the different stages of
development. Appropriate control measures shall be installed prior to
development when necessary to control erosion.
(F) Land shall be developed in increments of workable size such that erosion and
siltation controls can be provided as construction progresses. The smallest
practical area of land shall be exposed at any one period of time.
(G) The drainage system shall be constructed and made operational as quickly as
possible during construction.
(H) Whenever possible, natural vegetation shall be retained and protected.
(I) Where the topsoil is removed, sufficient arable soil shall be set aside for re-
spreading over the disturbed area. The soil shall be restored to a depth of 4 inches
and shall be of quality at least equal to the soil quality prior to development.
Ordinance No. - Paee 3 of 5
(J) Erosion and sediment control measures shall be maintained until final vegetation
cover is established to a density of 70%.
(K) All temporary erosion and sediment control BMP's will be removed after the
permanent erosion and sediment control BMP's have been implemented and the site
has been permanently stabilized.
(7) Inspection Procedures. The applicant shall promptly allow the City and its authorized
representatives, upon presentation of credentials, to:
(A) Enter upon the permitted site for the purpose of obtaining information,
examination of records, conducting investigations, inspections or surveys.
(B) Bring such equipment upon the permitted site as is necessary to conduct such
surveys and investigations.
(C) Inspect the erosion and sediment control measures.
(D) The applicant shall notify the City when the measures required by the permit
have been accomplished on site, whereupon the City may conduct an initial
inspection to determine compliance with this Section, and may within a
reasonable time thereafter report to the applicant either that compliance appears
to have been achieved, or that compliance has not been achieved. In that case,
the City shall provide a correction notice identifying the conditions of
noncompliance. The applicant shall immediately begin corrective action and
shall complete such corrective action within 48 hours of receiving the City's
notice. For good cause shown, the City may extend the deadline for taking
corrective action. Failure to take corrective action in a timely manner shall
constitute a violation of this Chapter. The City shall not be responsible for direct
or indirect consequences to the applicant or to third -parties for non-compliant
conditions undetected by inspection.
(8) Enforcement. Whenever the Zoning Administrator finds any violation of this Chapter,
the Zoning Administrator shall issue a stop work order. Such stop work order is subject to
the following conditions:
(A) The stop work order shall be in writing and shall be given to the applicant or the
applicant's agent. The stop work order shall state the reason for the order.
(B) Upon issuance of the stop work order, the cited work shall immediately cease.
(C) The stop work order may be issued for a reasonable period to be determined by
the City during which time the applicant will be allowed to correct the identified
violations.
(D) If the violations cannot be corrected within the time frame determined by the
City, the applicant may seek an extension of the stop work order for such
additional period of time as allowed by the Zoning Administrator.
(E) If the applicant does not contest the stop work order and corrects the identified
violations within the designated period, the applicant may immediately
Ordinance No. - Paee 4 of 5
commence further activity at the site. The City will inspect the site to verify
correction of the violations.
(F) If the violations are not corrected within the designated period (with extensions),
the City may correct the cited violations and draw down the escrow to cover the
cost.
LQLAny person who shall continue any cited work after having been served with a
stop work order, except such work as is necessary to correct the cited violations,
shall be subject to penalties as stated in Chapter 1, Section 2.
(H) The City shall inspect the site before the construction project work can resume.
Deleted: ¶
Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and ¶
publication according to law.
Passed and adopted by the City Council of the City of Scandia this 201,8. Deleted: April 17
Deleted: 6
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk
Ordinance No. - Paee 5 of 5