(A) Permit required.
(1) Except for city grading operations, or as may be otherwise stipulated by this chapter, any person who proposes to grade land shall be subject to the permit requirements specified below:
CUBIC YARDS OF LAND TO BE GRADED | PERMIT(S) REQUIRED |
50 or less | No permit required |
51 or greater | Grading permit |
(2) Notwithstanding the requirements of this section, no separate grading permit shall be required for grading on a lot for which a building permit has been issued for construction thereon or for a development where the development contract has been executed and related financial sureties have been submitted, provided the grading complies with an approved grading plan.
(3) A grading permit may be issued for grading on a lot for which a preliminary plat or a site plan has been approved, provided the landfill or excavation/grading complies with the approved grading plan.
(4) Grading operations are an allowable activity within all zoning districts pursuant to the requirements of this section.
(5) No filling, excavation, or grading within a wetland or floodplain shall be authorized under this section.
(6) Land filling operations greater than five cubic yards are required to receive a permit under the requirements of this code.
(7) Excavation operations are required to receive a permit under the requirements of this code.
(B) Permit application and required information. Any person desiring a grading permit shall file an application for such on a form provided by the Zoning Administrator. Such application shall be accompanied by detailed written and graphic materials fully explaining the proposal.
(C) Agency consultation. If protected watersheds, floodplains, and/or protected wetlands are in question, the City Engineer shall forward, or shall require the applicant to forward, a copy of the permit application and materials to the applicable watershed agency, Minnesota Department of Natural Resources, and/or Army Corps of Engineers, as appropriate. Those agencies shall be requested to review the application and prepare applicable reports prior to issuance of the permit.
(D) Special provisions for certain projects. Applications for grading permits involving over 1,000 cubic yards of land fill or land excavation that are not otherwise allowed or addressed in this section, and that are adjacent to residentially-zoned property shall require an interim use permit.
(Ord. 583, passed 8-26-2019)