(A) (1) A property owner or contractor who removes substantial vegetative growth for any reason including landscaping, excavates for a building foundation or other purpose, or adds soil or other fill on property within the city shall adhere to erosion control measure standards and specifications contained in the Minnesota pollution control agency publication Protecting Water Quality In Urban Areas, as may be amended, the city official controls, any applicable water management plan of the city or other governmental unit, and any other applicable state and federal regulations.
(2) Except as other measures are required by the above documents and plans, property owners and contractors shall take the necessary precautions, outlined below, to prevent soil erosion, damage to neighboring property and control of surface water runoff. The city may impose additional erosion control requirements if, in the opinion of the City Engineer, Building Inspector, City Administrator or designee, said measures are necessary to protect neighboring properties and manage surface water runoff.
(B) No land shall be developed and no use shall be permitted that results in water run off, flooding or erosion on neighboring properties. The run off shall be properly channeled into a storm drain, water course, ponding area or other public facility. All new development shall include provision for storm sewers, curbs and gutters along public streets.
(C) No land shall be developed and no use shall be permitted that results in water run off causing flooding, erosion or deposit of minerals on neighboring properties. The run off shall be properly channeled into a storm drain, water course, ponding area or other public facilities. Any change in grade affecting water run off onto a neighboring property must be as approved by the City Engineer, Building Inspector, City Administrator or designee.
(D) Appropriate erosion control measures shall be taken throughout the construction process. They include, but are not necessarily limited to, the use of perimeter protection, inlet protection, wood fiber blankets, rock construction entrances, seeding and/or mulch. Other techniques or combinations of the above may be used. The erosion control measures shall be maintained and repaired throughout construction and until such time as the property has been either sodded or a 70% vegetative cover has taken hold. All temporary erosion control devices including perimeter protection, inlet protection, gravel, hay bales or other measures shall be removed from the construction site and properly disposed of or recycled. This removal and disposal must occur within 30 days of the establishment of permanent vegetative cover on the disturbed area.
(E) Erosion control may be specified by the City Engineer, Building Inspector, City Administrator or designee, as part of a site survey for individual building permits or other city approvals. Erosion control measures may also be specified by the City Engineer, Building Inspector, City Administrator or designee, as needed and deemed appropriate during the construction and post construction periods for permitted or unpermitted activities separate from the above.
(F) No dirt piles or soil banks shall remain exposed without a protective cover to prevent erosion for a period longer than seven days. No soil surface shall remain exposed without seeding, if allowed, or sodding or by mulching or covering or other equivalent control measure for a period longer than seven days. Seed shall be a blend of rye grass or other fast germinating seed in addition to perennial grasses suitable for the soil and the exposure of the area to sunlight. All seeded areas shall be mulched and disk anchored, or covered with a fiber blanket, as necessary for erosion protection and seed retention. The contractor should recognize that time is of the essence in controlling erosion.
(G) Mud, dirt, or other sediment carried onto city streets, trails or neighboring properties from the building site shall be removed by the property owner and/or contractor prior to the close of each workday. If cleanup of the mud, dirt or other sediment is not carried out as required above, the City Administrator, or designee, may direct city crews and/or contract a third party to complete the cleanup and bill the property owner or contractor for all associated costs. Unpaid charges will be certified by the city for collection with taxes and no city license, permit, or other approval shall be issued for the property while any charge is outstanding.
(H) All on site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a ten-year frequency storm without erosion.
(I) Failure to comply with any of the above requirements will result in the abatement of the noncompliance issue at the owner's expense and/ or the issuance of a stop work order halting construction until the project area is brought into compliance. Failure to remedy the situation within a reasonable time determined by the City Engineer, Building Inspector, City Administrator or designee, will result in the issuance of a citation for violation of this subsection. Failure to have erosion control measures in place may also result in denial of a certificate of occupancy for the structure under construction.
(Ord. 303, passed 9-19-2016)