A. Purpose: The purpose of this section is to protect the lands, wetlands, and receiving waters in the city and surrounding areas from degradation due to development, redevelopment, infrastructure improvements or alterations to the landscape.
B. Permit Required: Except as otherwise provided in this section, it shall be unlawful for anyone to alter the landscape or drainage without having first obtained a written grading permit from the city authorizing the same in accordance with this section. Projects impacting wetlands will also require a wetland permit. A grading permit is also required for site disturbances that are smaller than the minimum specified in this section to require a permit if such activities are part of a larger development that would require a permit.
C. Exceptions To Permit Requirements:
1. Compliance With General Standards: All land disturbing activities not required by this subsection to obtain a permit or have an approved SWPPP shall nevertheless be conducted in full compliance with section 11-11-1 of this title.
2. Grading Permit Exceptions: The following activities do not require a grading permit under this section:
a. Mining or land reclamation approved under an interim use permit issued by the city.
b. Minor land disturbing activities, such as home gardens, repairs, and maintenance work, that do not meet the thresholds under this section.
c. Maintenance or repair of individual sewage treatment systems.
d. Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles.
e. Emergency activity necessary to protect life or prevent substantial harm to persons or property.
f. All maintenance, repair, resurfacing, and reconditioning activities of existing roads, bridges, and highway systems which do not involve land disturbing activities outside of the existing surfaced roadway.
g. Construction, installation, and maintenance of public utility lines or individual service connections unless the activity disturbs more than one acre.
h. Construction of any structure on an individual parcel in a subdivision approved by the city, so long as any land disturbing activity complies with a city approved plan.
i. Development, redevelopment, or construction of a structure on an individual parcel where the land disturbing activity does not cause off site erosion, sedimentation, flooding, or other hazards or damage, and creates less than one-tenth (0.1) acre of cumulative impervious surface.
j. Cemetery graves.
k. Grading a lot or excavation for a foundation, cellar, or basement in conjunction with building construction if a building permit has been issued for the building.
l. Curb cuts, utility hookups, or street openings for which another permit has been issued by the city.
m. Excavation or filling of less than fifty (50) cubic yards in a calendar year and excavation or filling of less than one hundred (100) square feet of surface area in a calendar year.
n. Plowing or tilling for agricultural purposes.
3. Wetland Permit Exceptions: The following activity does not require a wetland permit or mitigation plan under this title: Minor wetland impacts that have received a "certificate of exemption" or "no loss determination" by the city in the capacity of administering the wetland conservation act.
D. Information Required:
1. Application for a grading permit shall be made on a form furnished by the city and shall contain the information required by subsection 11-3-6F of this chapter.
2. An application for a wetland permit shall be made on a form furnished by the Minnesota board of water and soil resources.
E. Criteria And Performance Standards: All activities to be performed under grading permits and wetland permits shall conform to the standards of chapter 11 of this title.
F. Processing Permits:
1. Earthwork involving more than fifty (50) but less than one thousand (1,000) cubic yards of material in a twelve (12) month period requires issuance of an administrative permit pursuant to section 11-3-4 of this chapter. The applicant shall submit the fee and information required by the city for the issuance of the administrative permit. Upon receipt of a completed application, the city shall process the administrative permit in accordance with the process established under section 11-3-4 of this chapter. The issuance of the administrative permit may include conditions necessary to protect the public interest. Security may be required in an amount sufficient to ensure site restoration should the applicant default. Any applicant aggrieved by a decision may appeal the determination to the city council.
2. All other applications shall be processed in accordance with the procedures outlined in subsection 11-3-1C of this chapter. Applications may run concurrently and share submittals with other applications related to the site, if applicable.
G. Inspection And Monitoring: After issuance of a permit, the city may perform such field inspections and monitoring of the approved activity as the city deems necessary to determine compliance with the conditions of the permit and this section. Any portion of the activity not in compliance shall be promptly corrected by the permittee. In applying for a permit, the applicant consents to entry upon the land for field inspections and monitoring, or for performing any work necessary to bring the activity into compliance. The cost to the city for field inspections and monitoring, including services of consultants, shall be paid by the permittee as provided in subsection 11-3-1G of this chapter.
H. Field Inspection Fees: The city may require a permittee to pay a field inspection fee equal to the actual cost of the field inspection and subsequent monitoring of the permitted activity, including services of engineering, legal and other consultants. The city may require a deposit to cover the cost to inspect and monitor a proposed activity at the time the application is filed. If continued inspection and monitoring of the activity is required by the city, additional field inspection fees shall be paid within thirty (30) days after issuance of an invoice for the work. A permit may be revoked or a certificate of completion withheld if the field inspection fee is not fully paid.
I. Cash Payments: The city may require a cash payment in lieu of security for future responsibilities of the applicant such as wetland monitoring and maintenance if the applicant requests the city take responsibility for these activities or if required by the city as a condition of granting the permit.
J. Certification Of Completion:
1. The city shall authorize the release of required securities following city inspection and receipt of certification from a professional engineer licensed in the state of Minnesota verifying completion of the activity in accordance with the approved plans, specifications, and general conditions of the permit.
2. Record plans of final grades, pond and drainageway contours, building pads, public infrastructure, and copies of documents, with evidence of recording where appropriate, that establish easements or provide for maintenance of structures required by the permit shall be filed with the city before completion can be certified and any security released. All temporary synthetic and structural erosion prevention and sediment control BMPs (such as silt fence) shall be removed before any securities shall be released. No activity may be certified as complete if there are unpaid fees or other outstanding permit violations.
3. Following full build-out of lots and/or stabilization of the site, the applicant or applicant's assignee shall clean ponds and structures to their original approved condition. The applicant may make a cash payment to the city to satisfy this requirement prior to full build-out in an amount sufficient to meet the requirements hereunder, as determined by the city.
K. Other Permits: The applicant shall secure all environmental permits and approvals required by other governmental entities, and promptly provide the city with copies of such permits and approvals after issuance. In the event the applicant fails to secure the appropriate permits, all related site work shall be suspended. Site work can resume when the permitting agency has reviewed required applications and written permit approval is forwarded to the city. (Ord. 30, 10-23-2008)