A. General:
1. Actions Requiring Grading Permit: No person shall undertake, authorize, or permit any of the following actions without first having obtained a grading permit from the City:
a. Any excavating, grading, filling, or other change in the earth’s topography resulting in the movement of more than twenty (20) cubic yards of material, except in any wetlands, designated floodplain, or shoreland district. A permit is not required in conjunction with a Council approved mining permit;
b. Earthwork undertaken in accordance with grading plans approved in conjunction with a site and building plan review, rural subdivision or plat approval;
c. Any excavation, grading, or filling in a wetland, designated floodplain, or shoreland district.
2. When Grading Permit Not Required: No grading permit shall be required under subsections A1a and A1b of this section for any earthwork that will result in moving less than twenty (20) cubic yards of material but any grading activity must comply with subsection D of this Section.
3. Grading Permits as Interim Use: All grading permits which would result in the moving of more than one thousand (1,000) cubic yards of material per acre of site area shall be reviewed as an interim use permit as specified in City Code Section 11-2-9 when not in conjunction with a mining permit, preliminary plat, development plan or site plan review process.
4. Plan Approved: The plan must be approved, where required, by appropriate watershed districts, the United States Army Corps of Engineers, the Minnesota Department of Natural Resources, and any other governmental agency that has jurisdiction.
5. Postconstruction Stormwater Management: Postconstruction stormwater management standards in sections 3 and 7 of the City’s surface water management plan shall apply to all grading and development activities.
B. For projects subject to the NPDES Construction Stormwater General Permit, within the City’s jurisdiction, and that discharge to the City MS4, applicants must:
1. Comply with the NPDES Construction Stormwater General Permit provisions,
2. Must submit site plans to the City for review and confirmation of measures to meet the requirements to prevent or reduce water pollution after construction activity is complete.
C. Project applicants must treat the water quality volume determined by the applicable provisions of the:
1. NPDES Construction Stormwater General Permit;
2. NPDES Small Municipal Separate Storm Sewer System (MS4) General Permit; and
3. City Surface Water Management Plan.
D. Requirements: In addition to all other plan requirements in this chapter, any applicant disturbing an amount of total land area equal to or exceeding the threshold amount described by current national pollution discharge elimination system (NPDES) requirements shall comply with the following additional requirements:
1. All applicable erosion, sediment, and waste controls must be designed and installed per the MPCA’s current Construction Stormwater General Permit; and
2. The property owner shall apply for and be issued an NPDES Construction Stormwater General Permit from the MPCA; and
3. The property owner or applicant shall submit to the City an approved copy of the erosion and sediment control plan as required for the NPDES Construction Stormwater General Permit by the MPCA.
E. Grading Permit Application Requirements: Application for grading permit approval may be initiated by the owner, user or potential user of the subject property by making application in writing to the planning division, on such forms as may be designated. The grading plan shall contain the following minimum information and any other items that the planning division considers necessary for the proper consideration of the application:
1. General Information:
a. Legal Description of Property: The legal description of the property and evidence of ownership or an interest in the property;
b. Permittee Signature: A signature by the permittee, or his authorized agent, and the property owner;
c. Names, Contact Information: Names, addresses, and phone numbers of the record owner, any agent having control of the land, the land surveyor, the engineer, and the designer of the plan;
d. Location Map: A location map, including area within one-half (½) mile of the site;
e. Property Survey: Property survey with boundary line of property and property dimensions; an arrow indicating the direction of north; a scale, using a graduated line, which represents the drawn dimensions in relation to actual size of the project site, usually in number of feet per inch;
f. Training: The applicant must identify a person knowledgeable and experienced in the application of erosion prevention and sediment control BMPs who will oversee the implementation of the SWPPP, and the installation, inspection and maintenance of the erosion prevention and sediment control BMPs before and during construction. Name of person(s) trained, proof of training, date and course name/provider must be on record and made available as part of the permit application;
g. Date: Date of plan preparation; and
h. Engineer/Surveyor Signature: A signature by a registered engineer or land surveyor.
2. Site Information:
a. Existing and proposed final grades utilizing a minimum of two foot (2') contour interval (at least one hundred feet (100') beyond the property boundary);
b. All hold down elevations;
c. The location of any existing or proposed buildings, structures, fences and retaining walls, walks, roads, drives, and parking areas on the property where the work is to be performed and those on land of adjacent owners which are within fifteen feet (15') of the property or which may be affected by the proposed grading operations;
d. A delineation of all streams, rivers, ponds, public waters, designated floodplain, shoreland, and wetlands located on and immediately adjacent to the site, including depth of water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota department of natural resources (include MN DNR number and ordinary high water level), the Minnesota pollution control agency, the fish and wildlife service, and/or the U.S. Corps of Engineers; and
e. Utilities and utility right of way and easements, including electric, natural gas, telephone, water (domestic and fire), and sewer (sanitary and storm).
3. Plans Required: The following plans are also required and may either be included on the site plan or separately, meeting the general application requirements and information:
a. A drainage plan that includes the directional flow for the different drainage areas, any engineering work for stormwater control and retention that may be necessary;
b. A tree preservation plan consistent with the application requirements of City Code Section 11-3-13.
c. An erosion control plan indicating the type and location of temporary and permanent erosion control, sediment control, and soil stabilization measures to be used and a progress schedule addressing the critical dates of completion for erosion control, grading, seeding and related site work;
d. A landscaping and site restoration plan including species, sizes, descriptions, and locations; and
e. If more than ten (10) acres are disturbed and drained to a single point of discharge temporary sediment basins must be installed. When site restrictions do not allow for a temporary sediment basin, equivalent measures as approved by the City may be used.
F. Fees and Financial Guarantee:
1. The fee required in the permit application as adopted by the City’s fee ordinance; and
2. A financial guarantee, in the form of a cash escrow or letter of credit, of one hundred fifty percent (150%) of grading costs, or an amount sufficient to ensure compliance with the approved permit and adequate site restoration, whichever is greater. The amount shall be based upon the size of the site, sensitivity of its surroundings, extent of grading, amount of material moved, necessary site restoration, and potential impacts upon public facilities, including damage to public roadways and property.
3. Additional Information: In addition to the items enumerated above, the City may require submission of the following:
a. A development concept plan indicating how the recontoured parcel may be developed in a manner consistent with City ordinances and the City’s comprehensive plan;
b. A description of traffic movements to and from the site to ensure grading activity does not have a significant adverse effect on roads, intersections, or development in the area; and
c. Such other information as may be required by the City.
G. Administrative Review:
1. Grading plans that would result in moving more than twenty (20) but less than one thousand (1,000) cubic yards of material per acre must be approved by the planning division. Grading plans within wetland, floodplain or shoreland districts will also be administratively reviewed unless City Council review is required by ordinance or state regulations.
2. Individual items on the grading plans may be waived only with the approval of the director of community development.
3. Upon receipt of a completed application, the City shall review the application and notify the applicant by mail of the decision to approve or deny the application. Grading permits shall be issued only for grading plans providing for adequate drainage, stormwater retention, and erosion and sediment control measures. The planning division may impose such modifications and conditions as may be necessary to protect the public interest.
4. Any applicant aggrieved by a decision of the planning division may appeal the determination to the planning commission in accordance with City Code Section 11-2-13.
5. The owner shall arrange for a premeeting with City planning staff to discuss the project schedule and to address other matters of concern before the grading permit is issued.
6. The City shall have the authority to revise a grading permit if on site conditions or changing conditions make the original grading permit ineffective.
7. The City shall inspect the site for installation of appropriate erosion control, tree protection barriers, and other devices prior to issuance of the final grading permit.
8. The permittee shall notify the planning division when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion and sediment control measures have been completed in accordance with the final approved grading plan signed by the City.
H. Grading, Filling, and Excavating Standards:
1. Vegetation And Ground Cover: The plan shall maximize the preservation of trees and existing vegetation on the property according to City Code Section 11-3-13 and the following:
a. Prior to commencement of grading, all trees identified for preservation shall be field identified and grading limits cordoned with a suitable barrier such as snow fencing by the applicant and verified by the City staff. The barrier shall be located to coincide to the extent practicable with the drip line of trees to be preserved;
b. Finished grades shall have a minimum topsoil of at least four inches (4");
c. Stabilization of all exposed soils (including stockpiles) must be initiated immediately whenever the construction activity has been permanently or temporarily ceased on any portion of the site and will not resume for a period exceeding fourteen (14) calendar days. Stabilization must be completed no later than fourteen (14) calendar days after the construction activity for that portion of the site has been permanently or temporarily ceased; and
d. All exposed soil areas within one hundred feet (100') of a water of the state or storm drain inlet, or conveyance channel within one hundred feet (100') of a water of the state, shall have temporary or permanent cover, consistent with current NPDES permit guidelines; and
e. In instances where an existing natural or created buffer will be impacted by grading or filling operations, site restoration shall be completed by the permittee in a manner which resembles, to the extent possible, the original vegetative and topographic state of the property, when deemed appropriate by the City; and
f. Any activity which changes the land surface, including removing vegetative cover, excavating, filling, grading, construction of any structure, or alteration of the topographic state of the property, and creates erosion or sedimentation problems, flooding, ponding and/or negatively alters water drainage shall be corrected by the owner, or designee as determined by City staff.
g. Permanent sediment basins should be designed and constructed with a maintenance access route from an established public right of way. This route shall be a minimum of twenty-five feet (25') in width and be at a maximum grade of five to one (5:1) at the point of access to the basin. Sediment basins and their maintenance shall be completed in accordance with accepted design criteria, standards and specifications found in the MPCA publication “Protecting Water Quality in Urban Areas”.
2. Grading or Development Activities: The plan and grading activity must comply with the following:
a. Land shall be developed in phases of workable size such that adequate erosion and sediment control measures can be provided as construction progresses. The smallest practical area of land shall be exposed at any one (1) period of time;
b. For soil stockpiles greater than ten (10) cubic yards, the toe of the stockpile must be at least thirty feet (30') from any road, drainage channel, stormwater inlet, or water of the state. Erosion from stockpiles shall be controlled by placing appropriate barriers around the pile as necessary to contain sediments. If these measures do not adequately control the erosion, the piles shall be stabilized by mulching, vegetative cover, tarps, or other means. In street utility repair or construction, soil stockpiles located closer than thirty feet (30') of a roadway, drainage channel, stormwater inlet or water of the state must be covered with tarps or suitable alternative control. All stockpiles shall have adequate sediment control measures surrounding its perimeter;
c. All storm drain inlets shall be protected during construction, until permanent control measures are in place, with a temporary measure such as straw bales, silt fence or equivalent barrier meeting accepted design criteria, standards and specifications found in the MPCA publication “Protecting Water Quality In Urban Areas”;
d. A temporary rock pad entrance must be installed at all points where vehicles exit a land alteration site and must be constructed prior to commencement of grading activity. The rock pad is to be maintained to accommodate continuous removal of mud from vehicles. The rock pad shall meet design criteria, standards and specifications found in the MPCA publication “Protecting Water Quality In Urban Areas”;
e. Streets abutting the site shall be swept as needed to remove any sediment and/or debris that may accumulate due to land alteration activities. The City may require street sweeping within twenty-four (24) hours of verbal or written notification. If the street is not swept, the City will clean the street and bill the owner or permittee, as determined by the public works director;
f. Corrective action and landscape restoration for erosion or sedimentation problems on neighboring properties, or any location other than the permitted site, shall commence within twenty-four (24) hours of written or verbal notification. Sediment removal from wetlands should not commence without prior approval of the City;
g. Under no circumstances shall organic material or construction debris from the site be buried;
h. Water pumped from the site, or from any dewatering operation associated with the permitted activity, shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate controls as appropriate, as determined by the City. Water may not be discharged in a manner that causes erosion, sedimentation or flooding of the site or receiving channels or a wetland;
i. The grading plan shall adhere to erosion and sediment control standards and specifications contained in the MPCA publication “Protecting Water Quality In Urban Areas” and the “Minnesota Construction Site Erosion And Sediment Control Planning Handbook”;
j. All erosion and sediment control devices including silt fence, gravel, hay bales or other measures must be installed, consistent with the approved plan, and verified by the City prior to commencement of grading activity. Silt fence shall be properly installed by being trenched and buried at least six inches (6") into the soil. All erosion and sediment control devices shall be removed from the construction site and properly disposed of or recycled within thirty (30) days of the establishment of permanent vegetative cover on the disturbed areas;
k. The grading plan must comply with the City’s surface water management plan;
l. The plan shall not result in sites that are unsatisfactory for development of permitted uses. The development potential of a site may be adversely impacted by such matters as unsuitable finished grades, poor soil stability, unsatisfactory drainage or exposure to deleterious influences such as highway frontage for residential property;
m. The plan shall include dust control measures such as daily or more frequent watering if needed for dust suppression;
n. Drainage swales shall be constructed to divert stormwater runoff toward a stormwater conveyance system or infiltration area for property treatment. Minimum grades on drainage swales should be one and one-half percent (1.5%);
o. Appropriate on-site containment must be provided for all trash, solid waste, construction debris, floating debris, and hazardous materials. Waste shall be disposed of only in approved locations; and
p. Site grading activity cannot occur between the time period of seven o’clock (7:00) P.M. and seven o’clock (7:00) A.M. except by special exception granted by the City Council.
3. Residential Standards: In general, residential developments should be designed to reduce potential runoff to the extent practical. Specific design issues, in addition to those regulations found within this section, may be addressed by the City during review of a formal planning application. Residential development must comply with the following additional standards:
a. Downspouts and drainage must be diverted away from impervious surfaces, steep slopes and ravines to the greatest extent possible;
b. Side slopes between adjacent houses should not be greater than three to one (3:1) slope unless the original soil and vegetation is left undisturbed or there is sufficient area to construct a drainage swale to convey water away from the houses;
c. Prior to approval of a certificate of occupancy by the City, the owner and permittee shall certify that lot grades meet the standards set in the original grading plan. Such certification shall be completed by a registered surveyor. Lots occupied after November 15 and before April 30 of each year shall come into compliance by May 31 of each year. Survey certification requirements shall be guaranteed as part of the subdivision agreement; and
d. For grades greater than four to one (4:1), a vegetative ground cover shall be established within thirty (30) days of certificate of occupancy or no later than June 1 for homes occupied between October 1 and May 1.
4. Slopes:
a. No natural hillsides steeper than eighteen percent (18%) shall be graded;
b. Slope protection shall consist of mulch, sheets of plastic, burlap or jute netting, sod blankets, fast growing grasses or temporary seeding of annual grasses. Mulch consists of hay, straw, wood chips, cornstalks, bark, or other protective material. Mulch shall be anchored to slopes with stakes and netting, or shall be worked into the soil to provide additional slope stability;
c. At the foot of each slope, a channel and berm shall be constructed to control runoff. The channeled water shall be diverted to a sedimentation basin (debris basin, silt basin or silt trap) before being allowed to enter any natural drainage system; and
d. Along the top of each slope, a berm shall be constructed to prevent runoff from flowing over the edge of the slope if determined necessary by the City. Where runoff collecting behind the berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures shall either consist of an asphalt paved flow apron or drop chute laid flow apron. A riprap energy dissipater shall be installed to prevent erosion at the discharge end.
5. Modification of Plan: Control measures other than those specifically stated above, or contained in the erosion and sediment control plan approved by the City, may be used only upon expressed approval of the City, based on the determination that they will effectively protect against erosion.
6. Inspections: Inspections and maintenance must be documented and readily available for review on site. Inspections are required as follows:
a. Once every seven (7) days on exposed soil areas.
b. Within twenty-four (24) hours after a one-half inch (½") rain event over twenty-four (24) hours.
c. Once every thirty (30) days on stabilized areas.
d. As soon as runoff occurs or prior to resuming construction on frozen ground.
7. Maintenance: Maintenance is required as follows:
a. When sediment reaches half the height of the BMP on perimeter control devices, sediment must be removed within twenty-four (24) hours.
b. If the perimeter control device is not functional it must be repaired or replaced within twenty-four (24) hours.
c. Temporary sediment basins shall be maintained when sediment reaches half the outlet height or half the basin storage volume. Basin must be drained or sediment removed within seventy-two (72) hours.
d. Sediment tracked from construction site vehicle entrance and exit locations must be removed from paved surfaces within twenty-four (24) hours of discovery.
e. Inlet protection devices must be cleaned when sediment reaches half the height of the device.
8. Right of Entry and Inspection: The permittee and property owner shall allow the City and their authorized representatives, upon presentation of credentials:
a. To enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys.
b. To bring such equipment upon the permitted site as is necessary to conduct such surveys and investigations.
c. To examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permitted activity.
d. To inspect the erosion and sediment control measures required by the permit.
e. To sample and monitor any items or activities pertaining to permits issued by the City.
f. To enter upon the permitted site for the purpose of correcting any grading condition that presents an imminent hazard to persons or property. Except in the case of emergencies, the City must notify the permittee of the condition to be corrected and provide the permittee a reasonable opportunity (not less than twenty-four (24) hours) to correct the condition prior to entering the permitted site and performing the corrective work.
g. To enter upon the permitted site after the suspension or revocation of the permit for the purpose of correcting violations or providing appropriate stabilization and ground cover to address any erosion concerns.
I. Suspension or Revocation: The City may suspend or revoke a grading permit whenever the permit is issued in error or on the basis of incorrect information supplied, or is found to be in violation of any local, state, or federal ordinance or regulation or any of the provisions of this section. The City will provide written notice of the intent to suspend or revoke the permit based upon the above criteria. If within seven (7) days of notification to the permittee, the situation related to the revocation or suspension has not been brought into compliance the permit will be considered null and void. The permittee may request a hearing before the director of community development upon notice of the violation.
The City may suspend grading activity if it is found that the grading activity is in violation with this section or any conditions stated on the face of the approved grading permit. To assure that the grading activity is being conducted in accordance with the conditions stated on the permit and with the requirements of this section, the community development director may make, at the expense of the person or firm conducting the land alteration, those field measurements the community development director deems necessary to assure that such conditions and requirements are being followed, such work to be done at the direction of the community development director on an hourly basis at the time charge fixed by the community development director.
J. Violations: Any person, company or organization who violates, fails to comply with, or assists, directs, or permits the violation of the terms or conditions of an approved site and building plan, landscape plan, or grading plan shall be guilty of a misdemeanor. Such violation shall be a violation of the approved site and building plan, landscape plan, or grading plan and shall render the approval or plan null and void.