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Home My WebLink About0778 Ord (Restrictive Soils) e e e ORDINANCE: NO. 778 BE IT RESOLVED, by the City Council of the City of stillwater that an ordinance amendment has been adopted by the city Council amending the stillwater City Code by amending Chapter 31. 01 by adding Subd. 35, "Restrictive Soils", and that the Council by four- fifths of its members, does find that the attached Title and Summary of the ordinance as prepared by the City Attorney, does clearly inform the public of intent and effect of the ordinance and the form of publication is approved. This action is given as authorized by the stillwater City Charter, Article V, Sf. The form that shall be published is as set forth hereafter: TITLE AND SUMMARY ORDINANCE NO. 778 AN ORDINANCE AMENDING THE CITY OF STILLWATER CITY CODE, BY AMENDING CHAPTER 31, BY ADDING SUBD. 35, "RESTRICTIVE SOILS" 1. The ordinance regulates development on areas within the City that have soil types, slopes or water levels which, without corrective action, are unsuitable for development. 2. This ordinance provides for the procedure to be used and the standards to be applied when a Restrictive Soils Development Permit is being applied for and processed. 3. The ordinance defines a grouping of restrictive soils from the Soil Survey of Washington County and authorizes the approval of permits subject to compliance with reasonable and necessary conditions of approval. ... . e e 4. The ordinance provides that persons who are aggrieved by a decision of the Building Inspector may appeal the decision to the City Council as set forth in Subd. 30 of Chapter 31.01. 5. A printed copy of the ordinance is available for inspection by any person during the regular office hours of the City Clerk, and during regular office hours at the stillwater Public Library. 6. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the city Council of stillwater this 7th day of Sept. ,1993. / ATTEST: Publ ish: October 21, 1993 ~ ORDINANCE NO. 778 e AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ADDING SECTION 31.01 SUBD. 35, ENTITLED "RESTRICTIVE SOILS" RESTRICTIVE SOIL ORDINANCE THE CITY COUNCIL OF STILLWATER DOES ORDAIN: Article I. Addinq. A new subd. 35 shall be added to the City Code that hereafter reads as follows: Subdivision 1. Legislative Findings and Purposes. The City of stillwater finds that certain areas within the City are characterized by certain solid types, slopes and water levels which, without proper corrective action, are unsuitable for development in these ares increasing soil materials into groundwater, encourages pollution, destroys ecological and natural resources and requires expenditures of public funds to correct deficiencies; thereby acting to the detriment of the health, safety, and welfare of the citizens of stillwater. !e Therefore, the purpose of this ordinance is to provide for the regulations of development of restrictive soils in such a way as to minimize the risk of environmental damage and to protect private homeowners and governmental units from incurring high maintenance and capital costa resulting from the necessity of correcting deficiencies encountered as a result of development on poorly suited soils. Subd. 2. District Boundaries. This ordinance shall apply to areas within the City of stillwater which are delineated on the official soils map of Washington County as contained in the Washington County soil Survey and have soil types set forth in Table A (attached). For purposes of determining the application of this ordinance to any particular parcel of land, the above-referenced map shall be on file in the office of the city Clerk and shall be available for inspection and copying. Subd. 3. Definitions. A. Person. An individual or firm, corporation, partnership, association or other private body or governmental entity. B. Structure. Any building which may provide shelter for any person, animal or item of property. Subd. 4. Restrictive Soils Development Permit Provision. A. Except as hereinafter provided in this ordinance, no person shall erect any structure within restrictive soil areas without having first obtained a written permit from building inspector authorizing the same. e B. Exceptions. The permit requirements established by this ordinance shall not apply to: e 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 such 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 ten days, following the commencement of that activity, apply for the issuance of a restrictive soil 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 ordinance. 3. Development consisting of the corrective alteration, repair or maintenance of any lost full us of land existing on the date of adoption of this ordinance. e c. Application for and Processing 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 one application need be made for two or more such acts which are to be done on the same parcel. The application shall include map of the site and a delineation of the soil 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 material as may be required in order to determine the effects of such development on the affected land and the suitability of the soils for said development. When proposed work includes construction or alterations of structures, such 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 permi ts for development within restrictive soils overlay district: e 1. General Standards. Development on restrictive soils shall not be permitted until an investigation e 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 the ordinance to be unsuitable. 2. Attached hereto and labeled Table A is a grouping of restrictive soils from the Soil Survey of Washington County which are hereby incorporated and made a part of this ordinance. e The soil symbols set forth in Table A are highly restrictive for residential, commercial, industrial or other development due to high water table (three feet or less), steep slope conditions (18% slopes or greater), high shrink potential, high frost action potential, or shallow to 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. Said standards are hereby incorporated by reference into this ordinance. E. Conditions. A special permit may be approved subject to compliance with conditions reasonable and necessary to insure compliance with the requirements contained in the ordinance which are specifically set for in the permits. Such conditions may, among other matters, limit the size, kind of 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 of stillwater or other public entity of certain lands or interest herein. F. Time of Permit - Extensions, Reviews. e 1. A permittee shall begin the work authorized by the e 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. A permit which has become void may be renewed at the discretion of the building inspector upon payment of a renewal fee. If permit for such work may be granted only upon compliance wi th 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 not work shall be deemed to have been completed until approved in writing by the building inspector following such written notification. e 3. Inspection. The building inspector may cause inspection of the work to be made periodically during the course thereof by himself 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. Variances and appeals for this ordinance shall be administered pursuant to Chapter 31.01, Subd. 30 of the Zoning Ordinance. Subd. 5. Responsibility, Effect. A. Responsibility. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of the ordinance shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability on the city of stillwater or its officers or agents. Article II. Savinq. In all other ways the city Code shall remain in full force and effect. e Article III. Publication. This ordinance shall be in effect from and after its passage and publication according to law. e e e Adopted by the City Council this 7th day of September, 1993. ATTEST: ~~ Q ~Q'IIP_5?nJ?L~~ r es . Hooley, Mayor .-:::::!.... e Map Symbol 2 2B 2C 7B 7C 7D 8 8B 8e 12e 12D e 49 49B 4ge 49D 75 100B 100C 113 120 123 132B 132C 132D 151 151B 153B 153C 155B 155C 155D 158B 158C .158D 159 159B 161 162 166 169B 169C 170 174:C 174:D e IITABLE All SOIL LOSS LIMITS "T" FOR SOILS IN WASHINGTON COUNTY Soil Name "T" tons/acfyear Ostrander silt loam, 0-2% slopes 5 Ostrander silt loam, 2-6% slopes 5 Ostrander silt loam, 6-12% slopes 5 Hubbard loamy sand, 1-6% slopes 5 Hubbard loamy sand, 6-12% slopes 5 Hubbard loamy sand, 12-18% slopes 5 Sparta loamy sand, 0-2% slopes 5 Sparta loamy sand, 2-6% slopes 5 Sparta loamy sand, 6-15% slopes 5 Emmert loamy coarse sand, 3-15% slopes 2 Emmert gravelly loamy coarse sand, 12-25% slopes 2 Antigo silt loam, 0-2% slopes 4 Antigo silt loam, 2-6% slopes 4 Antigo silt loam, 6-12% slopes 4 Antigo silt loam, 12-18% slopes 4: Bluff ton loam 5 Copas ton loam, 0-6% slopes 2 Copaston loam, 6-12% slopes 2 Webster loam 5 Brill silt loam 4: Dundas fine sandy loam 5 Hayden fine sandy loam, 2-6% 5 Hayden fine sandy loam, 6-12% 5 Hayden fine sandy loam, 12-25% 5 Burkhardt sandy loam, 0-3% slopes 3 Burkhardt sandy loam, 3-9% slopes 3 Santiago silt loam, 2-6% slopes 5 Santiago silt loam, 6-15% slopes 5 Chetek sandy loam, 0-6% slopes 3 ehetek sandy loam, 6-12% slopes 3 Chetek sandy loam, 12-25% slopes 3 Zimmerman loamy fine sand, 0-6% slopes 5 Zimmerman loamy fine sand, 6-12% slopes 5 Zimmerman loamy fine sand,12-25% slopes 5 Anoka loamy fine sand,O-3% slopes 5 Anoka loamy fine sand, 3-9% slopes 5 Isanti loamy fine sand 5 Lino loamy fine sand 5 Ronneby fine sandy loam 5 Brahan loamy fine sand, 1-6% slopes 5 Brahan loamy fine sand, 6-15% slopes 5 Blomford loamy fine sand 5 Gale silt loam, 6-15% slopes 4: Gale silt loam, 25-50% slopes 4 e 177B 177C 177D 189 225 259B 264 265 266 298 298B 301B 302B 302C 325 327 327B 327C 329 340B 340C 342B 342C 342D 342E 367B 408 411 411B 411C 449 452 453B 453C 453D 454B 454C 454D 454F 456 460B 460C 468 472B 472C 472D 481 488F 504B 504C 504D e !e Gotham loamy sand, 1-6%~1~~es Gotham loamy sand, 6-12% slopes Gotham loamy sand, 12-20% slopes Auburndale silt loam Nessel fine sandy loam, 1-4% slopes Grays silt loam, 2-6% slopes Freeon silt loam, 1-4% slopes Soderville loamy fine sand Freer silt loam Richwood.silt loam, 0-2% slopes Richwood silt loam, 2-6% slopes Lindstrom silt loam, 2-4% slopes Rosholt sandy loam, 1-6% slopes Rosholt sandy loam, 6-15% slopes Prebish loam Dickman sandy loam, 0-2% slopes Dickman sandy loam, 2-6% slopes Dickman sandy loam, 6-12% slopes Chaska silt loam Whalan silt loam, 1-6% slopes Whalan silt loam, 6-12% slopes Kingsley sandy loam, 2-6% slopes Kingsley sandy loam, 6~12% slopes Kingsley sandy loam, 12-18% slopes Kingsley sandy loam, 18-30% slopes Campia silt loam, 0-8% slopes Faxon silt loam Waukegan silt loam, 0-2% slopes Waukegan silt loam, 2-6% slopes Waukegan silt loam, 6-12% slopes Crystal lake silt loam, 1-3% slopes Comstock silt loam Demontreville loamy fine sand, 2-6% Demontreville loamy fine sand, 6-12% Demontreville loamy fine sand, 12-25% Mahtomedi loamy sand, 0-6% slopes Mahtomedi loamy sand, 6-12% slopes Mahtomedi loamy sand, 12-25% slopes Mahtomedi loamy sand,,25-40% slopes Barronett silt loam Bay town silt loam, 1-6% slopes Bay town silt loam, 6-12% slopes Otter silt loam Channahon silt loam, 1-6% slopes Channahon silt loam, 6-12% slopes Channahon silt loam, 12-18% slopes Kratka fine sandy loam Brodale flaggy loam, 20-50% slopes Duluth silt loam, 1-6% slopes Duluth silt loam, 6-12% slopes Duluth silt loam, 12-25% slopes 5 5 5 5 5 5 5 5 5 5 5 5 3 3 5 3 3 3 5 4 4 5 5 5 5 5 4 4 4 4 5 5 5 5 5 5 5 5 5 5 4 4 5 2-1 2-1 2-1 5 2 5 5 5 e 507 529 529B 529C 540 541 543 544 552 852B 857 857C 858 858C 859B 860C 860D 861C 861D 862 863 896C 896D 896F 1013 1027 1029 1033 1039 1040 1055 1813B 1819F 1820F e 1821 1827 1827B 1847 1848B e Po skin silt loam Ripon silt loam, Ripon silt loam, Ripon silt loam, Seelyeville muck Rifle muck Harkey muck Cathro muck Kerston muck UL-Copaston complex, 0-8% slopes UL-Waukegan complex, 0-3% slopes UL-Waukegan complex, 3-15% slopes UL-Chetek complex, 0-3% slopes UL-Chetek complex 3-15% slopes UL-Zimmerman complex UL-Hayden Kingsley complex, 3-15% UL-Hayden Kingsley complex, 15-25% UL-Kingsley complex, 3-15% slopes UL-Kingsley complex, 15-25% slopes UL-Dundas complex, 1-4% slopes UL-Lino complex, 0-3% slopes Mahtomedi-Kingsley complex, 3-12% Mahtomedi-Kingsley complex, 12-25% Mahtomedi-Kingsley complex, 25-40% Pits, quarry Udorthents, wet substratum Pits, gravel Udifluvents Urban land Udorthents Aquolls and Histosols, ponded Lino Variant loamy fine sand, 2-6% Dorerton-Rock outcrop complex, 25-65% Mahtomedi Variant-Rock outcrop complex 25-60% slopes 5 Algansee loamy sand 5 Waukegan Variant silt loam, 0-2% slopes 3 Waukegan Variant silt loam, 2-9% slopes 3 Barronett silt loam, sandy subestratum Sparta loamy sand, bedrock substratum, 0-6% slopes 1-2% slopes 2-6% slopes 6-12% slopes 4 4 4 4 5 5 4 5 5 2 4 4 3 3 5 5 5 5 5 5 5 5 5 5 5 2 5 5