(A) General:
(1) Actions Requiring Grading Permit: No person shall undertake, authorize, or permit any excavating, grading, filling, or other change in the earth’s topography resulting in the movement of more than 20 cubic yards of material without first having obtained a grading permit from the City.
(2) When Grading Permit Not Required: No grading permit shall be required under subsections (A) for any earthwork that will result in moving less than 20 cubic yards of material, but any grading activity must comply with subsection (D) of this section, grading standards.
(3) Plan Approved: The plan must be approved, where required, by appropriate watershed districts, the United States Army Corps of Engineers, the Minnesota Department of Natural Resources (DNR), and any other governmental agency that has jurisdiction.
(4) Requirements: In addition to all other plan requirements in this chapter, any applicant disturbing an amount of total land area equal to or exceeding the threshold amount described by current national pollution discharge elimination system (NPDES) requirements shall comply with the following additional requirements:
(a) The property owner shall apply for and be issued an NPDES general stormwater permit from the Minnesota Pollution Control Agency (MPCA); and
(b) The property owner or applicant shall submit to the City an approved copy of the erosion and sediment control plan as required for the NPDES by the MPCA.
(B) Grading Permit Application Requirements: Application for grading permit approval may be initiated by the owner, user or potential user of the subject property by making application in writing to the City, on such forms as may be designated. The application shall include two copies of clearly legible blue or black lined copies of all drawings on bond paper. The maximum size of plans shall be 30” x 40” and the minimum size shall be 11” x 17”. The grading plan shall contain the following minimum information and any other items that the City considers necessary for the proper consideration of the application:
(1) General Information:
(a) Legal Description of Property: The legal description of the property and evidence of ownership or an interest in the property;
(b) Permittee Signature: A signature by the permittee, or his authorized agent, and the property owner;
(c) Names, Contact Information: Names, addresses, and phone numbers of the record owner, any agent having control of the land, the land surveyor, the engineer, and the designer of the plan;
(d) Location Map: A location map, including area within one-half mile of the site;
(e) Property Survey: Property survey with boundary line of property and property dimensions; an arrow indicating the direction of north; a scale, using a graduated line, which represents the drawn dimensions in relation to actual size of the project site, usually in number of feet per inch;
(f) Training: The applicant must identify a person knowledgeable and experienced in the application of erosion prevention and sediment control best management practices who will oversee the implementation of the Storm Water Pollution Prevention Plan (SWPPP), if required, and the installation, inspection and maintenance of the erosion prevention and sediment control best management practices before and during construction. Name of person(s) trained, proof of training, date and course name/provider must be on record and made available as part of the permit application.
(g) Date: Date of plan preparation; and
(h) Engineer/Surveyor Signature: A signature by a registered engineer or land surveyor.
(2) Site Information:
(a) Existing and proposed final grades utilizing a minimum of two-foot contour interval (at least 100 feet beyond the property boundary);
(b) All hold down elevations;
(c) The location of any existing or proposed buildings, structures, fences and retaining walls, walks, roads, drives, and parking areas on the property where the work is to be performed and those on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading operations;
(d) A delineation of all streams, rivers, ponds, public waters, designated floodplain, shoreland, and wetlands located on and immediately adjacent to the site, including depth of water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota DNR (include DNR number and ordinary high water level), the MPCA, the Fish and Wildlife Service, and/or the U.S. Corps of Engineers; and
(e) Utilities and utility right of way and easements, including electric, natural gas, telephone, water (domestic and fire), and sewer (sanitary and storm).
(3) Plans Required: The following plans are also required and may either be included on the site plan or separately, meeting the general application requirements and information:
(a) A drainage plan that includes the directional flow for the different drainage areas, any engineering work for stormwater control and retention that may be necessary;
(b) An erosion control plan indicating the type and location of temporary and permanent erosion control, sediment control, and soil stabilization measures to be used and a progress schedule addressing the critical dates of completion for erosion control, grading, seeding and related site work;
(c) A landscaping and site restoration plan including species, sizes, descriptions, and locations; and
(d) If more than ten acres are disturbed and drained to a single point of discharge temporary sediment basins must be installed. When site restrictions do not allow for a temporary sediment basin, equivalent measures as approved by the City may be used.
(4) Fees: The fee required in Chapter 34 of this Code.
(5) Additional Information: In addition to the items enumerated above, the City may require submission of the following:
(a) A development concept plan indicating how the recontoured parcel may be developed in a manner consistent with City ordinances and the City’s comprehensive plan;
(b) A description of traffic movements to and from the site to ensure grading activity does not have a significant adverse effect on roads, intersections, or development in the area; and
(c) Such other information as may be required by the City.
(C) Administrative Review:
(1) Upon receipt of a completed application, the City Engineer shall review the application and notify the applicant by mail of the decision to approve or deny the application. Grading permits shall be issued only for grading plans providing for adequate drainage, stormwater retention, and erosion and sediment control measures. The City may impose such modifications and conditions as may be necessary to protect the public interest.
(2) Any applicant aggrieved by a decision of the City Engineer may appeal the determination to the City Council.
(3) The City Engineer shall have the authority to revise a grading permit if on site conditions or changing conditions make the original grading permit ineffective.
(4) The City may inspect the site for installation of appropriate erosion control, tree protection barriers, and other devices prior to issuance of the final grading permit.
(5) The permittee shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion and sediment control measures have been completed in accordance with the final approved grading plan signed by the City and submission of an as built survey.
(D) Grading, Filling, And Excavating Standards:
(1) Vegetation And Ground Cover: The plan shall maximize the preservation of trees and existing vegetation on the property according to the following:
(a) Prior to commencement of grading, all trees identified for preservation shall be field identified and grading limits cordoned with a suitable barrier such as snow fencing by the applicant and verified by the City. The barrier shall be located to coincide to the extent practicable with the drip line of trees to be preserved;
(b) Finished grades shall have a minimum topsoil of at least six inches;
(c) Stabilization of all exposed soils (including stockpiles) must be initiated immediately whenever the construction activity has been permanently or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed no later than 14 calendar days after the construction activity for that portion of the site has been permanently or temporarily ceased;
(d) All exposed soil areas within 100 feet of a water of the State or storm drain inlet, or conveyance channel within 100 feet of a water of the State, shall have temporary or permanent cover, consistent with current NPDES permit guidelines;
(e) In instances where an existing natural or created buffer will be impacted by grading or filling operations, site restoration shall be completed by the permittee in a manner which resembles, to the extent possible, the original vegetative and topographic state of the property, when deemed appropriate by the City;
(f) Any activity which changes the land surface, including removing vegetative cover, excavating, filling, grading, construction of any structure, or alteration of the topographic state of the property, and creates erosion or sedimentation problems, flooding, ponding and/or negatively alters water drainage shall be corrected by the owner, or designee as determined by the City;
(g) Permanent sediment basins should be designed and constructed with a maintenance access route from an established public right of way. This route shall be a minimum of 25 feet in width and be at a maximum grade of 5:1 at the point of access to the basin. Sediment basins and their maintenance shall be completed in accordance with accepted design criteria, standards and specifications found in the MPCA publication “Protecting Water Quality In Urban Areas”.
(2) Grading Or Development Activities: The plan and grading activity must comply with the following:
(a) Land shall be developed in phases of workable size such that adequate erosion and sediment control measures can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time;
(b) For soil stockpiles greater than ten cubic yards, the toe of the stockpile must be at least 30 feet from any road, drainage channel, stormwater inlet, or water of the state. Erosion from stockpiles shall be controlled by placing appropriate barriers around the pile as necessary to contain sediments. If these measures do not adequately control the erosion, the piles shall be stabilized by mulching, vegetative cover, tarps, or other means. In street utility repair or construction, soil stockpiles located closer than 30 feet of a roadway, drainage channel, stormwater inlet or water of the state must be covered with tarps or suitable alternative control. All stockpiles shall have adequate sediment control measures surrounding its perimeter;
(c) All storm drain inlets shall be protected during construction, until permanent control measures are in place, with a temporary measure such as straw bales, silt fence or equivalent barrier meeting accepted design criteria, standards and specifications found in the MPCA publication “Protecting Water Quality In Urban Areas”;
(d) A temporary construction entrance must be installed at all points where vehicles exit a land alteration site and must be constructed prior to commencement of grading activity. The construction entrance is to be maintained to accommodate continuous removal of mud from vehicles. The construction entrance shall meet design criteria, standards and specifications found in the MPCA publication “Protecting Water Quality In Urban Areas”;
(e) Streets abutting the site shall be swept as needed to remove any sediment and/or debris that may accumulate due to land alteration activities. The City may require street sweeping within 24 hours of verbal or written notification. If the street is not swept, the City will clean the street and bill the owner or permittee, as determined by the City Engineer;
(f) Corrective action and landscape restoration for erosion or sedimentation problems on neighboring properties, or any location other than the permitted site, shall commence within 24 hours of written or verbal notification. Sediment removal from wetlands should not commence without prior approval of the City;
(g) Under no circumstances shall organic material or construction debris from the site be buried;
(h) Water pumped from the site, or from any dewatering operation associated with the permitted activity, shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate controls as appropriate, as determined by the City. Water may not be discharged in a manner that causes erosion, sedimentation or flooding of the site or receiving channels or a wetland;
(i) The grading plan shall adhere to erosion and sediment control standards and specifications contained in the MPCA publication “Protecting Water Quality In Urban Areas” and the “Minnesota Construction Site Erosion And Sediment Control Planning Handbook”;
(j) All erosion and sediment control devices including silt fence, gravel, hay bales or other measures must be installed, consistent with the approved plan, and verified by the City prior to commencement of grading activity. Silt fence shall be properly installed by being trenched and buried at least six inches into the soil. All erosion and sediment control devices shall be removed from the construction site and properly disposed of or recycled within 30 days of the establishment of permanent vegetative cover on the disturbed areas;
(k) The plan shall not result in sites that are unsatisfactory for development of permitted uses. The development potential of a site may be adversely impacted by such matters as unsuitable finished grades, poor soil stability, unsatisfactory drainage or exposure to deleterious influences such as highway frontage for residential property;
(l) The plan shall include dust control measures such as daily or more frequent watering if needed for dust suppression;
(m) Drainage swales shall be constructed to divert stormwater runoff toward a stormwater conveyance system or infiltration area for property treatment. Minimum grades on drainage swales should be 1.5%;
(n) Appropriate on-site containment must be provided for all trash, solid waste, construction debris, floating debris, and hazardous materials. Waste shall be disposed of only in approved locations;
(o) Site grading activity cannot occur between the time period of 7:00 p.m. and 7:00 a.m. except by special exception granted in writing by the City Engineer.
(3) Modification Of Plan: Control measures other than those contained in the erosion and sediment control plan approved by the City, may be used only upon expressed approval of the City, based on the determination that they will effectively protect against erosion.
(4) Inspections: Inspections and maintenance must be documented and readily available by the permittee consistent with current NPDES permit guidelines.
(5) Maintenance: Maintenance is required as follows:
(a) When sediment reaches half the height of the best management practice’s perimeter control devices, sediment must be removed within 24 hours. Temporary sediment basins must be drained or sediment removed within 72 hours.
(b) If the perimeter control device is not functional it must be repaired or replaced within 24 hours.
(c) Sediment tracked from construction site vehicle entrance and exit locations must be removed from paved surfaces within 24 hours of discovery.
(6) Right Of Entry and Inspection: The permittee and property owner shall allow the City and their authorized representatives, upon presentation of credentials:
(a) To enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys.
(b) To bring such equipment upon the permitted site as is necessary to conduct such surveys and investigations.
(c) To examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permitted activity.
(d) To inspect the erosion and sediment control measures required by the permit.
(e) To sample and monitor any items or activities pertaining to permits issued by the City.
(f) To enter upon the permitted site for the purpose of correcting any grading condition that presents an imminent hazard to persons or property. Except in the case of emergencies, the City must notify the permittee of the condition to be corrected and provide the permittee a reasonable opportunity (not less than 24 hours) to correct the condition prior to entering the permitted site and performing the corrective work.
(g) To enter upon the permitted site after the suspension or revocation of the permit for the purpose of correcting violations or providing appropriate stabilization and ground cover to address any erosion concerns.
(E) Suspension Or Revocation: The City may suspend or revoke a grading permit whenever the permit is issued in error or on the basis of incorrect information supplied, or is found to be in violation of any local, state, or federal ordinance or regulation or any of the provisions of this section. The City will provide written notice of the intent to suspend or revoke the permit based upon the above criteria. If within seven days of notification to the permittee, the situation related to the revocation or suspension has not been brought into compliance the permit will be considered null and void.
The City may suspend grading activity if it is found that the grading activity is in violation with this section or any conditions stated on the face of the approved grading permit. To ensure that the grading activity is being conducted in accordance with the conditions stated on the permit and with the requirements of this section, the City may make, at the expense of the person or firm conducting the land alteration, those field measurements the City deems necessary to assure that such conditions and requirements are being followed, such work to be done at the direction of the City on an hourly basis at the time charge fixed by the City.
(F) Violations: Any person, company or organization who violates, fails to comply with, or assists, directs, or permits the violation of the terms or conditions of an approved site and building plan, landscape plan, or grading plan shall be guilty of a misdemeanor. Such violation shall be a violation of the approved site and building plan, landscape plan, or grading plan and shall render the approval or plan null and void.