(A) Permit required. Except as hereinafter provided in this subchapter, no person shall erect any structure within restrictive soils areas without having first obtained a written permit from the Building Inspector authorizing the same.
(B) Exceptions. The permit requirements established by this chapter shall not apply to:
(1) Any public agency or its contractor or any person performing work within a right-of-way of any public agency pursuant to a permit issued by the public agency;
(2) Emergency work necessary to preserve life or property. When emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the Building Inspector prior to the commencement of the work. The Building Inspector shall review the facts and determine whether any emergency exists and shall, by written memorandum, authorize the commencement of the emergency exception. The person commencing emergency work shall, within 10 days following the commencement of that activity, apply for the issuance of a restrictive soils development permit and on the issuance thereof may be required to perform such work as is determined to be reasonably necessary to fulfill the purposes of this chapter; or
(3) Development consisting of the corrective alteration, repair, or maintenance of any lost full use of land existing on the date of adoption of this chapter.
(C) Application for and process of permit. A separate application for a permit shall be made to the Building Inspector for each development for which a permit is required, except that only 1 application need be made for 2 or more such acts which are to be done on the same parcel. The application shall include a map of the site and a delineation of the soils found in the site along with a plan and cost estimate of the proposed development and such other engineering data, surveys, and other information and materials as may be required in order to determine the effects of the development on the affected land and the suitability of the soils for that development. When proposed work includes construction or alterations of structures, that work shall be submitted with the application, along with detailed drawings of any special foundation structures and/or special provisions for on-site sewage disposal.
(D) Issuance of permit. The following standards shall govern the issuance of permits for development:
(1) Development on restrictive soils shall not be permitted until an investigation and subsequent report has been completed and presented to the Building Inspector by a professional engineer or soil scientist experienced and knowledgeable in the practice of soils and soils mechanics, and until the recommendations thereof have been incorporated into the design plan and specification. No permit shall be issued for development on soils deemed by this subchapter to be unsuitable.
(2) Located in Appendix A to this chapter is a grouping of restrictive soils from the Soil Survey of Washington County which are hereby incorporated and made a part of this subchapter.
(3) The soil symbols set forth in Appendix A are highly restrictive for residential, commercial, industrial, or other development due to high water table (3 feet or less), steep slope conditions (18% slopes or greater), high shrink swell potential, high frost action potential, or bedrock. No development permit shall be issued unless it has first been demonstrated by the developer that buildings shall be constructed in accordance with the standards found in the Minnesota State Building Code for appropriate soil conditions, and that a soil absorption disposal system can satisfactorily function in accordance with municipal regulations. Those standards are hereby incorporated by reference into this subchapter.
(E) Conditions. A special permit may be approved subject to compliance with conditions reasonable and necessary to ensure compliance with the requirements contained in this chapter which are specifically set forth in the permits. Such conditions may, among other matters, limit the size and character of the proposed development, require the construction of other structures, including special foundations and soil stabilization structures, establish required monitoring procedures, require such alterations of the site as may be necessary, and/or require the conveyance to the city or other public entity of certain lands or interests therein.
(F) Time of permit - extensions, reviews.
(1) Extensions. A permittee shall begin the work authorized by the permit within 60 days from the date of issuance of the permit unless a different date for the commencement of work is set forth in the permit. The permittee shall complete the work authorized by the permit which in no event shall exceed more than 12 months from the date of issuance. The permittee shall notify the Building Inspector at least 24 hours prior to the commencement of work. Should the work not be commenced as specified herein, then the permit shall become void; provided, however, that if prior to the date established for commencement of work, the permittee makes written request to the Building Inspector for an extension of time to commence the work, setting forth the reasons for the required extension, the Building Inspector may grant the extension. A permit which has become void may be renewed at the discretion of the Building Inspector upon payment of a renewal fee. A permit for such work may be granted only upon compliance with the procedures herein established for any original application.
(2) Notice of completion. The permittee shall notify the Building Inspector in writing of the termination of the work authorized, and no work shall be deemed to have been completed until approved in writing by the Building Inspector following this written notification.
(3) Inspection. The Building Inspector may cause inspections of the work to be made periodically during the course thereof by himself or herself or a member of the Building Inspector staff and shall cause a final inspection to be made following the completion of the work.
(G) Variances and appeals. Variance and appeals for this subchapter shall be administered pursuant to the city Zoning Ordinance, § 159.022.
(Prior Code, § 404.040) (Ord. 7462, passed 10-20-1992)