(A) Purpose. This section establishes when a grading, drainage and erosion control permit (“grading permit”) is required, how it will be reviewed, information required with the application and how unauthorized work will be handled. Requiring a grading permit enables the city to protect the public by ensuring that erosion does not endanger water resources or unnecessarily require extra maintenance of sewers and ditches and/or the dredging of lakes and ponds. A grading permit promotes the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the city.
(B) In general. A grading permit shall be required for land-disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements:
(1) Five thousand (5,000) square feet;
(2) Four hundred (400) cubic yards undeveloped land, or 40 cubic yards developed land;
(3) Any disturbance within 200 feet of a waterway or surface water.
(C) Exceptions.
(1) No grading permit is required for land disturbances under the amounts specified above or for the following:
(a) Any emergency activity that is immediately necessary for the protection of life, property or natural resources;
(b) General establishment of new construction lawns, or the addition of four or fewer inches of topsoil;
(c) Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(2) In the case of grading specific to and in conjunction with a single building permit, a separate grading permit is not required:
(a) The building permit shall be reviewed and serve as the grading permit;
(b) The individual lot permittee may be required to provide a letter of credit or other security deemed acceptable by the city with the building permit application:
1. The security shall cover city costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current city ordinance for fee schedule. Said security shall be provided prior to the release of the grading permit;
2. The security shall be released after turf is established, inspected by the city and deemed to be approved.
(D) Application.
(1) All applications for a grading permit shall be in accordance with the common review requirements.
(2) In addition to general review requirements, applications for a grading permit shall also include the following except as exempted by the City Engineer:
(a) Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant’s principal contact at such firm;
(b) A grading, drainage and erosion control plan meeting the requirements of this section. Each application shall include the required number of plans and other required materials as specified by the Engineering Department;
(c) The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the approved grading, drainage and erosion control plan;
(d) The permittee will be required to file with the City of Waseca an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current Ccty ordinance for fee schedule. This security may be in addition to the required non-refundable filing fee as specified by city ordinance, which shall be submitted under separate payment;
(e) The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the city. Said security shall be provided prior to the release of the grading permit. Security shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected by the city and deemed to be approved.
(3) The city requires complete application at least 5 business days prior to the desired grading permit release date.
(E) Review criteria. Approval of a grading permit shall be based on:
(1) Whether the proposed grading permit is consistent with all the requirements of this section and any other city code requirements;
(2) Whether the proposed grading permit is in compliance with all engineering standards adopted by the city;
(3) Whether the proposed grading permit is in compliance with any previous approvals for the facility (e.g. grading for additional parking previously approved by a conditional use permit).
(F) Review process.
(1) The Engineering Department shall review all grading permit applications.
(2) Applications determined to conform to the review criteria shall be approved by the Engineering Department with any conditions deemed necessary. A copy of the approved permit including all conditions and comments shall be provided to the applicant.
(3) Applications not conforming to the approval criteria outlined in this section shall be denied by the Engineering Department. A notice of denial including the reasons shall be provided to the applicant.
(G) Reasonable conditions. In approving a grading permit, the Engineering Department may impose such reasonable conditions and requirements as it deems appropriate to ensure continued compliance with the grading permit review criteria and other city ordinances.
(H) Effect of grading permit approval. The issuance of a grading permit shall authorize only the changes approved by the Engineering Department as depicted by the application.
(I) Time limit.
(1) Failure to complete the authorized grading within six months of the date of approval will invalidate the permit.
(2) Upon written request, one extension of six months may be granted by the Engineering Department if the applicant can show good cause.
(J) Amendments. All requested amendments to an existing grading permit shall be processed in the same manner as a new application.
(K) Unauthorized work. Work done without the authorization of a permit and/or found to be out of conformance with approved plans shall be halted and subject to the remedies and penalties described in this chapter. Driveways or parking lots being built out of conformance shall be brought into conformance.
(L) Appeal. The applicant for a grading permit may appeal the decision of the Engineering Department to the City Council.
(Ord. 1040, passed 1-5-16)