(A) Purpose.
(1) Statutory authorization. This section is adopted pursuant to the authorization and policies contained in M.S. Chapters 103B and 462, as they may be amended from time to time; Minn. Rules, Parts 6120.2500-6120.3900, Minn. Rules Chapters 8410, 8420 and 70510.0210.
(2) Findings. The City of Monticello finds that uncontrolled stormwater runoff and construction site erosion from land development and land disturbing activities can have significant adverse impacts upon local and regional water resources, diminishing the quality of public health, safety, public and private property and natural resources of the community.
(3) Purpose. The general purpose of this section is to establish regulatory requirements for land development and land disturbing activities aimed at minimizing the threats to public health, safety, public and private property and natural resources within the community resulting from construction site erosion and post-construction stormwater runoff.
(4)
This chapter is intended to meet the current construction site erosion and sediment and waste control and post-construction stormwater management regulatory requirements for construction activity and small construction activity (NPDES Permit) as defined in 40 CFR pt. 122.26(b)(14)(x) and (b)(15), respectively.
(5) This chapter is intended to meet the minimal impact design standards (MIDS) developed under M.S. 2009, § 115.03, subdivision 5c, as it may be amended from time to time.
(1) Best management practices (BMPs).
(2) Contractor.
(3) Dewatering.
(4) Erosion.
(5) Erosion prevention.
(6) Final stabilization.
(7) Impervious surface.
(8) Land disturbing activity.
(9) Owner.
(10) Permanent cover.
(11) Sediment.
(12) Stabilized.
(13) Stormwater.
(14) Stormwater pollution prevention plan.
(15) Surface water or waters.
(16) Temporary erosion protection.
(C) Permits.
(1) The thresholds for required grading, drainage, stormwater management and erosion control permits along with the permit review process is outlined in § 153.028(M).
(2) The permittee(s) shall be responsible for obtaining required permits from other government agencies prior to conducting grading work (e.g. dewatering a site for development will require one or more permits from the MPCA).
(D) Grading, drainage, stormwater management, and erosion control plan requirements. Grading, drainage, stormwater management and erosion control plans are required for any activities that require a grading permit as defined in § 153.028(M). The plans shall contain the following information and be in conformance with the city’s plan requirements and design guidelines (“design manual”):
(1) The name and address of the applicant, a legal description of the site, north point, date and scale of drawing and number of sheets;
(2) An existing site map: a map of existing site conditions showing the site and immediately adjacent areas, which shall include the following information:
(a) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet;
(b) A delineation of all surface waters located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers;
(c) The location and dimensions of existing stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site delineating the direction and the rate the stormwater is conveyed from the site, identifying the receiving stream, river, public water, or wetland and setting forth those areas of the unaltered site where stormwater collects;
(d) A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed which describes any remedial steps to be taken by the applicant to render the soils suitable;
(e) The location and type of vegetative cover on the site and clearly delineating any vegetation proposed for removal;
(f) One-hundred-year floodplain, flood fringes and floodways boundaries; and
(g) The location of any water body, and any biologically or archaeologically significant areas within one mile of the site that is identified as: (CGP Part I.B.6).
1. Impaired pursuant to section 303(d) of the Federal Clean Water Act (33 U.S.C. section 303(d)) where the identified pollutant(s) or stressor(s) are phosphorus (nutrient eutrophication biological indicators), turbidity, dissolved oxygen or aquatic biota (fish bioassessment, aquatic plant bioassessment and aquatic macroinvertebrate bioassessment), and with or without a U.S. Environmental Protection Agency (USEPA) approved Total Maximum Daily Load (TMDL) for any of these identified pollutant(s) or stressors(s) also meeting the specific impaired waters criteria of the Minnesota Pollution Control Agency's National Pollutant Discharge Elimination System (NPDES) construction general permit (Permit No: MN R10001), regarding construction-site erosion and sediment control;
2. An outstanding resource value waters as listed in Minn. Rules 7050.0180, subp. 3, 4, 5, 6, 6a and 6b;
3. A trout waters as listed in Minn. Rules 6264.0050, subp. 2 and 4;
4. A wetland defined in Minn. Rules 7050.0186 subd.1a.B;
5. Any lands where state or federally listed endangered or threatened species are known to occur, or properties listed in the National Register of Historic Places, including archaeological sites may be impacted.
(3) A site construction plan which shall include the following information:
(a) Locations and dimensions of all proposed land disturbing activities and any phasing of those activities;
(b) Locations and dimensions of all temporary soil or dirt stockpiles;
(c) Locations and dimensions of all erosion prevention measures and best management practices necessary to meet the requirements of this chapter;
(d) Schedule of anticipated start and completion dates of each land disturbing activity including the dates of installation of erosion prevention measures for each phase needed to meet the requirements of this chapter; and
(e) Provisions for maintenance of the erosion and sediment prevention measures prior to final stabilization.
(4) A plan of final site conditions, which shall include the following information:
(a) Finished grading shown at contours at the same interval as provided on the existing site map to clearly indicate the relationship of proposed changes to the site’s existing topography and remaining features;
(b) A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials that will be added to the site;
(c) A drainage plan of the developed site delineating in which direction and the rate stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect;
(d) The proposed size, alignments and intended use of any structures to be erected on the site;
(e) A clear delineation and tabulation of all impervious surfaces to be installed on the site, including a description of the surfacing material to be used;
(f) Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project;
(g) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Monticello’s Design Manual;
(h) Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance;
(i) Provisions for regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved grading, drainage, stormwater management and erosion control plan(s); and
(j) Modifications to the plan shall be processed and approved or disapproved in the same manner as a new application per the requirements of § 153.028(M).
(5)
A copy of the applicant’s Minnesota Pollution Control Agency’s Permit for discharging stormwater from construction activity (MN R100001), if the area of disturbed land is equal to or greater than one acre or if project meets the definition of common plan of development that covers one acre or more. A stormwater pollution prevention plan must be prepared and must meet the NPDES requirements and conform to the SWPPP standards specified in the MPCA NPDES construction general permit (Permit No: MN R10001).
(E) Stormwater management. Plan required: The proposed provisions for stormwater runoff shall be documented in a stormwater management plan including a narrative, prepared by a Minnesota licensed engineer to stating how the proposed activity meets the requirements of the City of Monticello’s Design Manual.
(1) Minimum standards for runoff water management plans. A runoff water management plan shall include the following items:
(a) A map containing a delineation of the subwatershed contributing runoff from off site, and proposed and existing subwatersheds on site. The delineation shall conform to the nomenclature of the water resources management plan and shall indicate any significant departures from the watershed delineation of the water resources management plan
(b) Delineation of existing on site "wetlands", as defined in the Wetland Conservation Act, lakes, watercourses, shoreland, and/or floodplain areas.
(c) For water bodies and channels, a listing of normal (runout) and calculated ten-year and 100-year elevations on site for both existing and proposed conditions.
(d) Stormwater runoff volumes and rates for existing and proposed conditions.
(e) All hydrologic and hydraulic computations completed to design the proposed stormwater management facilities. Reservoir routing procedures and critical duration runoff events shall be used for design of water storage areas and outlets.
(f) A checklist of best management practices to demonstrate that, to the maximum extent practical, the plan has incorporated the structural and nonstructural best management practices described in the book "Protecting Water Quality In Urban Areas", published by the Minnesota Pollution Control Agency or the applicable publications.
(g) A grading plan identifying stormwater overflow routes along streets or drainage easements designed to protect structures from damage due to:
1. Storms in excess of the design storm; or
2. Clogging, collapse or other failure of the primary drainage facilities.
(h) An assessment of the potential for construction or contribution to regional detention basins, as opposed to the construction of on-site stormwater basins. The water resources management plan identifies potential regional stormwater basins for control of rate and nutrient loading. The following criteria shall be used to determine whether on site storage is required within the subdivision:
1. If the stormwater management plan indicates construction or enlargement of a storage site or water quality storage in a wetland or other water body, the facility or its equivalent shall be constructed to meet the goals of the water resources management plan.
2. If a proposed subdivision is indirectly tributary to a water body and the intervening regional detention storage is inadequate, in the opinion of city staff, to meet the water quality goals for downstream water bodies as described in the water resources management plan, additional on-site stormwater basin construction will be required to meet these goals.
3. If a proposed subdivision will increase rates of runoff and where downstream stormwater storage or conveyance facilities are inadequate to protect downstream riparian owners from effects of these increases, then on site stormwater storage must be constructed to restrict stormwater rates to the predevelopment rates.
(2) Where on site water quality detention basins are required, the permittee(s) will have to comply with the design and sizing requirements determined by the City of Monticello’s Design Manual.
(3) Maintenance of private stormwater management facilities.
(a) No private stormwater management facilities may be approved unless a maintenance plan is provided and is consistent with the City’s Design Manual. All such facilities shall be inspected annually, with reports submitted to the city, and maintained in proper condition consistent with the performance standards for which they were originally designed.
(b) Owners of private stormwater management facilities shall provide an agreement to the city describing responsibility for the long-term operation and maintenance of the facilities.
(4) Public stormwater management facilities – easements. The applicant shall establish, in a form acceptable to the city, temporary and perpetual easements, or dedicated outlots, for ponding, flowage, and drainage purposes over hydrologic features such as water bodies and stormwater basins. The easements or outlots shall include the right of reasonable access for inspection, monitoring, maintenance, and enforcement purposes.
(F) Construction requirements.
(1) Construction specifications.
(a) Site dewatering and basin draining: Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate controls as appropriate. Water shall not be discharged in a manner that causes erosion, scour, sedimentation or flooding of the site, receiving channels or wetlands.
(b) Grading, erosion and sediment controls as specified in the City’s Design Manual.
(c) Tracking: All roads, access drives and parking areas must utilize a temporary tracking pad and must be of sufficient width and length to prevent sediment from being tracked onto public or private roadways and/or the stormwater conveyance system. Temporary tracking pads must be installed and maintained in all locations on the site where vehicles enter and exit.
(d) Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all provisions of this chapter. Clearing techniques that retain natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction of the Community Development Department.
(e) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
(f) Building products that have the potential to leach pollutants must be under cover (e.g., plastic sheeting or temporary roofs) to prevent the discharge of pollutants or protected by a similarly effective means designed to minimize contact with stormwater.
(g) Pesticides, herbicides, insecticides, fertilizers, treatment chemicals, and landscape materials must be under cover (e.g., plastic sheeting or temporary roofs) to prevent the discharge of pollutants or protected by a similarly effective means designed to minimize contact with stormwater.
(h) Fueling and maintenance of equipment or vehicles; spill prevention and response: The permittee(s) shall take reasonable steps to prevent the discharge of spilled or leaked chemicals, including fuel, from any area where chemicals or fuel will be loaded or unloaded including the use of drip pans or absorbents unless infeasible. The permittee(s) must conduct fueling in a contained area unless infeasible. The permittee(s) must ensure adequate supplies are available at all times to clean up discharged materials and that an appropriate disposal method is available for recovered spill materials. The permittee(s) must report and clean up spills immediately as required by M.S. § 115.061, as it may be amended from time to time, using dry cleanup measures where possible.
(i) Phasing may be required on all sites based on site specifics, with the size of each phase to be established at plan review and as approved by the Community Development Department.
(j) Silt fence or equivalent sediment control measures to be used must conform to the city’s standards.
(k) Silt fences or equivalent sediment control measures must be installed along the downslope and sideslope perimeters and up-gradient of any buffer zones from the approved grading and construction limits before any up-gradient land-disturbing activities begin. Perimeter controls should be located to maintain a buffer of existing vegetation during construction, as site conditions allow, along the edges of any curbs, wetlands, channels or other water resources that could receive sediment from the site. These controls shall remain in place until final stabilization has been established.
(l) Sufficient silt fence or equivalent sediment control measures are required to hold all sheet flow runoff generated at an individual site to minimize sediment from entering surface waters, including curb and gutter systems and storm sewer systems. Additional measures such as check dams, diversion, temporary or permanent sedimentation basins and drainage ditches are required to handle channelized flow. Additional upgradient sediment control practices or redundant BMPs shall be installed if down gradient sediment controls are overloaded (based on frequent failure or excessive maintenance requirement) (CGP Part IV.C.1.a-b).
(m) All storm drain inlets must be protected during construction until all sources with potential for discharging to the inlet have been stabilized (CGP Part IV.C.4).
(n) Soil stabilization shall be initiated immediately to limit soil erosion but in no case completed later than 14 days after construction activity in that portion of the site has temporarily or permanently ceased, and seven days if discharge points are located within one-mile of an impaired or special waterbody.
(o) Final stabilization on all sites shall become established within six months. The City of Monticello may require the site to be reseeded or a non-vegetative option employed.
(p) Seeding shall be in accordance with the city's current seeding specification as detailed in the Design Manual. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention.
(q) Special techniques that meet the design criteria outlined in Design Manual shall be in place on steep slopes or in drainage ways to ensure stabilization.
(r) Soil stockpiles which shall be inactive for a period of seven or more days shall include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public rights-of-way or waterways is prohibited.
(s) The entire site must be stabilized to a minimum of 70% coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
(t) Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(u) Techniques that divert upland runoff past disturbed slopes shall be employed.
(v) For sites that have more than ten acres of disturbed soil that drains to a common location, one or more temporary sediment basins shall be constructed. Use of temporary basins is encouraged when construction projects will impact steep slopes or when highly erodible soils are present. The basin shall provide treatment to the runoff before it leaves the construction site or enters surface waters. The temporary sediment basins must be designed and constructed as follows:
1. Provide live storage for a calculated volume of runoff from a two-year, 24-hour storm from each acre drained to the basin. All basins shall provide at least 1,800 cubic feet of live storage from each acre drained or more.
2. For basins where the calculation from the previous requirement has not been performed, a temporary sediment basin providing 3,600 cubic feet of live storage from each acre drained to the basin shall be provided.
3. The outlet structure must be designed to withdraw water from the surface in order to minimize the discharge of pollutants.
4. The basin outlet shall be designed to prevent short-circuiting and the discharge of floating debris.
5. Ensure the basin can be completely drawn down to conduct maintenance activities.
6. Include energy dissipation on the outlet of the basin and a stabilized emergency overflow to prevent failure of pond integrity.
7. Be located outside of surface waters or any buffer zone, and be designed to avoid draining water from wetlands unless appropriate approval from the U.S. Army Corps of Engineers and the Minnesota Department of Natural Resources is obtained.
8. If installation of a temporary sediment basin is infeasible, equivalent sediment controls such as smaller sediment basins, and/or sediment traps, silt fences, vegetative buffer strips, or any appropriate combination of measures are required for all down-slope boundaries of the construction area and for side-slope boundaries where appropriate. Determination of infeasibility shall be documented in the erosion and sediment control plan.
(2) Waterway and watercourse protection requirements. The permittee(s) shall implement the following waterway and watercourse measures on the site:
(a) A temporary stream crossing installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction.
(b) Stabilization of the watercourse channel before, during, and within 24 hours after any in-channel work.
(c) The normal wetted perimeter of any temporary or permanent drainage ditch or swale that drains water from the site, or diverts water around a site must be stabilized within 24 hours of connecting to a surface water and within 200 feet of the water’s edge of a public waters that drains to waters where the Minnesota Department of Natural Resources has promulgated “work in water restrictions” during specified fish spawning time frames (CGP Part IV.A.2).
(d) Portions of the ditch that are under construction must be stabilized within 24 hours after the construction activity in that portion has ceased. The normal wetted perimeter is defined as the area that is in contact with water during annual flow events.
(e) All on-site stormwater conveyance channels designed according to the criteria outlined in the plan requirements and design guidelines.
(f) Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.
(3) Pollution prevention management measures. The permittee(s) shall implement the following pollution prevention management measures on the site:
(a) Solid waste: Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements.
(b) Hazardous materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations.
(c) External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site.
(d) Portable toilets must be positioned so that they are secure and will not be tipped or knocked over. Sanitary waste must be disposed of properly in accordance with Minn. Rules Ch. 7041.
(e) Concrete and other washout waste must have effective containment for all liquid and solid wastes generated by these operations related to the construction activity. The liquid and solid washout wastes must not contact the ground outside a proper containment area. Waste must be disposed of properly and in compliance with MPCA rules, and a sign must be installed adjacent to each washout facility.
(4) Special and impaired waters. Additional BMPs together with enhanced runoff controls are required for discharge from a site to special and impaired water as defined by Appendix A of the Minnesota Pollution Control Agency General Stormwater Permit for Construction Activity.
(G) Inspection.
(1) Notification. The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved.
(2) Procedure. The city shall inspect all permit sites once per week and within 24 hours after a rain event greater than one-half inch. The city shall also require inspections at other development benchmarks as follows and as applicable. Inspections must be continued until final stabilization has occurred. To obtain inspections, the permittee shall notify the City of Monticello at least one working day before the following:
(a) Installation of sediment and erosion control measures;
(b) Start of construction or site development;
(c) Close of the construction season;
(d) Completion of final stabilization/landscaping;
(e) Removal of erosion control measures;
(f) Final project compliance and acceptance close-out.
(3) Material requirements. Seed tags shall be submitted to the Erosion Control Inspector for approval prior to commencing work. Proof of application rates shall be provided.
(4) Permittee inspection. The permittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved grading, drainage and erosion control plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the City of Monticello at the time interval specified in the approved permit. The records of each inspection and maintenance activity shall include the following information:
(a) Date and time of inspection;
(b) Name(s) of persons conducting the inspection;
(c) Findings of inspections, including recommendations for corrective actions;
(d) Corrective actions taken, including the dates, times and the name of the party completing the corrective action;
(e) Date and the amount of rainfall events that are greater than one-half inch in a 24-hour period; and
(f) Documentation of any changes made to the Stormwater Pollution Prevention Plan.
(5) Authorization. A member of the Community Development Department shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under § 153.068(E)(4).
(H) Site maintenance.
(1) Responsibilities.
(a) Within 24 hours, the permittee shall clean dirt and debris from streets that has resulted from construction work by the developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the developer shall provide the Community Development Department with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping.
(b) All silt fences and biorolls must be repaired, replaced or supplemented when they become nonfunctional or the sediment reached one-half of the height of the fence or bioroll. Repairs shall be made within 24 hours of discovery or as soon as field conditions allow access.
(c) Temporary and permanent sedimentation basins must be drained and the sediment must be removed when the depth of the sediment collected in the basin reached one-half the storage volume. Drainage and removal must be completed within 72 hours of discovery or as soon as final conditions allow access.
(d) The applicant shall remove all deltas and sediment deposited in the surface waters, including drainage ways, catch basins, and other drainage systems and must restabilize the areas where sediment removal results in exposed soil. The removal and stabilization must take place within seven days of discovery unless precluded by legal, regulatory or physical access constraints. In the event of an access constraint, the applicant shall use all reasonable efforts to obtain access. If the access is precluded, removal and stabilization must take place within seven calendar days of obtaining access. The applicant is responsible for contacting all local, regional, state and federal authorities and obtaining any required permits prior to conducting any work.
(e) No development, utility or street construction will be allowed and no building permits will be issued unless the development is in full compliance with the requirements of this chapter.
(I) Final stabilization. The permittee(s) must ensure final stabilization of the site after the completion of construction activities and prior to the termination of the permit. Final stabilization is not complete until all requirement in accordance to the definition in division (B) are complete that are intended to prevent discharge of pollutants associated with stormwater discharges from the project.
(J) Certification.
(1) Approved grading, drainage, stormwater management, and erosion control plan.
(a) Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the Community Development Department, as applicable, shall be maintained at the site during the progress of the work.
(b) The stormwater pollution prevention plan (SWPPP) must:
1. Ensure the SWPPP is prepared by an individual trained in the design of construction SWPPPs in accordance with the MPCA NPDES construction general permit training requirements (CGP Part III.A.3);
2. Ensure at least one individual is present or available to the project site within 72 hours that is trained in the job duties for construction site management to inspect, oversee implementation of, revise, and amend the SWPPP (CGP Part III.F.b);
3. Ensure at least one individual is present or available to the project site within 72 hours that is trained in the job duties for construction installation to perform or supervise the installation, maintenance and repair of Best Management Practices (BMPs) (CGP Part III.F.c);
4. Document the name(s) of the trained personnel to design the construction SWPPP, the construction site manager and the construction installer. Documentation shall include the date of training, name of instructor(s), name of entity providing the training, content covered and hours of training attended (CGP Part III.A.3).
(2) As-built grading plan and development plan. Within 30 days after completion of site development as per the approved grading, drainage and erosion plan, and prior to the approval of individual building permits, the developer shall provide the city with an as-built grading plan and development plan as defined in the City of Monticello Plan Requirements and Design Guidelines.
(3) Procedure. The city will withhold issuance of building permits until the approved certified as-built grading plan and as-built development plan are on file with the city, all securities as required by this chapter are received, conservation easement posts are installed, and all erosion control measures are in place as determined by the Community Development Department.
(4) Removal of erosion control measures. The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City of Monticello’s Design Manual for specifications.
(5) Notice of termination (NOT). The applicant must ensure final stabilization of the project. The applicant must submit a NOT within 30 days of final stabilization being achieved, or another party assuming control on all areas of the project that have not achieved final stabilization.
(K) Enforcement.
(1) Notice of violation. If the grading permittee fails to meet or maintain sediment and erosion control measures per the approved grading, drainage, stormwater management, and erosion control plan, the city shall issue a notice of violation. The notice of violation shall detail the default and prescribe a remedy and required schedule for compliance.
(2) Lapse and order for work.
(a) If the grading permittee fails to meet or maintain sediment and erosion control measures per the approved grading, drainage, stormwater management and erosion control plan, the city may, in its discretion, perform the work or contract to have the work completed and draw down on the security to pay any costs.
(b) The city will endeavor to notify the developer in advance of any proposed action, but failure of the city to do so will not affect the developer's and city's rights or obligations hereunder.
(3) Stop work order/revocation of grading permit. In the event that any person holding a grading permit pursuant to this chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Monticello may suspend or revoke the grading permit through the issuance of a stop work order or the revocation of the grading or building permit.
(4) Violation and penalties.
(a) No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted, shall constitute a separate offense.
(b)
Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the city ordinance per the fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.
(Ord. 799, passed 2-27-2023)