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HomeMy WebLinkAbout1126 Ord (conservation regulations amending City Code Sec 31-101 Definitions, Sec 31-523 Soil Stripping, Sec 31-524 Grading, Sec 31-525 Stormwater Management Practices & Sec 32-1 Subdivision) ORDINANCE NO. 1126 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE RELATED TO CONSERVATION REGULATIONS AMENDING THE STILLWATER CITY CODE SECTION 31-101 DEFINITIONS, SECTION 31-523 SOIL STRIPPING, SECTION 31-524 GRADING, SECTION 31-525 STORMWATER MANAGEMENT PRACTICES AND SECTION 32-1 THE SUBDIVISION ORDINANCE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 31-101, Definitions is hereby amended as follows: Sec. 31-101. - Definitions is hereby amended by adding the following definitions: Development when found in Section 31-522 (Tree and Forest Protection) means the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of land or the division of land into two or more parcels, for the purpose of transfer of title or building development. As used in other sections of Section 31, Development means the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of land. Land Disturbing Activity or Activities means any activity that changes the volume or peak discharge rate of stormwater runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity that bares soil or rock or involves the diversion or piping of any natural or fabricated watercourse. MS4 means the municipal separate storm sewer system. SECTION 2. Stillwater City Code Section 31-523 relating to Soil Stripping is hereby amended as follows: Sec. 31-523. - Soil stripping. Subd. 1. No person may strip, excavate or otherwise remove topsoil for sale, or for use other than on the premises from which it is taken,except in connection with the construction or alteration of a building on the premises and any incidental excavation or grading. SECTION 3. Stillwater City Code Section 31-524 relating to Grading is hereby amended as follows: 1 Sec. 31-524. - Grading. Subd. 1. Purpose. The purpose of this Section 31-524 is to ensure that any grading conducted for the purposes of building construction is done according to the grading plan for a subdivision as approved by the city council and to avoid drainage problems which may occur as a result of building development.Furthermore,the purpose of this Section 31-524 is to meet the requirements of the National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES general construction permit) issued by the Minnesota Pollution Control Agency, August 1, 2018, as amended, and the city's Engineering Design Guidelines which are hereby incorporated by reference. Every proposed new building requires a grading plan to be submitted with the building permit plans, unless such requirement is waived in writing by the city engineer. The following items are required to be shown on the grading plan: (a) The location of the building, driveway, tree cover, wetlands, drainageways or ditches, city streets, neighboring structures and other significant features. (b) The existing elevation of the building pad, neighboring structures, top of curb at the driveway, wetlands elevation, all lot corners and any drainage structures. (c) The proposed elevation of the first floor, lowest floor, garage floor, walkout (if any) and high or low points (breaks in grade). (d) Drainage arrows showing the route of run off across the lot with proposed elevations of drainage swales. (e) If the lot is adjoining a wetland, the plan should show how erosion will be controlled. Normally a silt fence or other erosion control method will be required along the flow path to the wetland. (f) Any retaining walls, steep slopes or other special grading features must be denoted. A cash escrow in an amount established by resolution shall be paid before a building permit is issued for all new residential dwellings. The cash escrow shall be returned to the permit applicant, without interest, upon successful completion of all of the following: (1) Written certification from a registered engineer or land surveyor that the grades and elevations are in conformance with the city approved grading plan and that permanent iron monuments are in place at each lot corner; and (2) Water service curb box access cover at finished grade and curb box valve operable. If the escrow items are not completed within 60 days, excluding the time between October 1 and May 1 of issuance of a certification of occupancy, the city may enter the lot, perform the work and apply the cash escrow toward the cost, plus administrative fees. In addition to the cash escrow, an escrow administration fee in an amount established by resolution shall be paid before a permit is issued for all permits. 2 Subd. 2. Grading permits. (a) Enumeration of actions requiring. No person may undertake, authorize or permit any of the following actions without first having obtained a grading permit from the city: a. Any excavating, grading, filling or other change in the earth's topography resulting in the movement of more than 50 cubic yards of material, except in any designated wetlands, floodplain or shoreland district; b. Any excavating, grading or filling or change in the earth's topography in any designated wetlands, floodplain or shoreland district; c. Any mining operation for gravel or other materials; or d. Any changing of a natural drainageway or drainage pattern that results in increasing or intensifying the flow of surface water upon adjacent property. (b) Activities not requiring. Notwithstanding Section 31-524, Subd 2, no grading permit is required for the following activities, except as required by the state building code: (1) Earthwork undertaken in accordance with grading plans approved in conjunction with a site and building plan review or plat approval; or (2) Earthwork that will result in moving less than 50 cubic yards of material, provided the work does not take place in any designated wetlands, floodplain or shoreland district and does not affect local drainage patterns. (c) Plans required. No grading permit may be issued for site grading without approved plans for site development and adequate provision for site protection from wind or water erosion. (d) Compliance with permit provisions. No person may undertake, authorize or permit any excavating, grading, filling or other change in the earth's topography that violates or is not in compliance with a grading permit issued by the city. (e) Review as conditional use. All grading permits that would result in the moving of more than 1,000 cubic yards of material per acre of site area must be reviewed as a conditional use permit under the standards outlined in this Section 31-524. If possible, grading permit review will be combined with other planning permit reviews. (f) Review procedure; application; required information. Application for a grading permit that requires review as a conditional use must be made to the community development director on forms provided by the city and must be accompanied by the following information: (1) The legal description of the property; 3 (2) The fee required by the city fee schedule; (3) Evidence of ownership or an interest in the property; (4) Existing and proposed final grades with two-foot contour intervals; (5) A survey showing the location and elevation of all roads, utilities and structures that may be impacted by the proposal; (6) A tree survey showing all trees having a caliper of six inches or greater and a tree preservation plan; (7) A landscaping and site restoration plan; (8) A development concept plan indicating how the recontoured parcel may be developed in a manner consistent with this subdivision and the comprehensive plan; (9) A drainage plan with an engineering design for necessary stormwater retention work; (10)An erosion control plan indicating the type and location of erosion measures; (11)A traffic analysis showing how the materials will be removed from or delivered to the site; (12)Two copies of all available soil borings and with boring location maps and any other available soil information; (13)Any other information that may be required by the city; and (14)A schedule of building construction phasing. (g) Administrative review. Grading plans that will result in the move of more than 50 but less than 1,000 cubic yards of material per acre may be approved by the city engineer. The applicant shall submit the required items from Section 31-524, Subd. 2(f). Upon receipt of a completed application, the community development director must review the application within ten working days and must notify the applicant of the decision by mail. The community development director may impose such modifications and conditions as may be necessary to protect the public interest. Bonding may be required in an amount sufficient to complete site restoration should the applicant default. (h) Standards. Grading permits may be issued only for grading plans that comply with the following standards: (1) The plans must maximize the preservation of trees on the property and utilize the trees to the maximum extent possible to screen the grading from adjacent property. 4 (2) The plan must utilize landscaping to restore site aesthetics, minimize the visual impact of the work, screen the grading from adjacent property and enhance the property's development potential. All areas altered because of grading activity must at a minimum, be restored with seed and mulch or sod within two weeks after the completion of the activity. The city may approve an extension of this deadline if appropriate, but in no case may site restoration be delayed beyond October 1. (3) The plan must not result in sites that are unsatisfactory for development of permitted uses. The development potential of a site may be adversely impacted by unsuitable finished grades,poor soil stability,unsatisfactory drainage or exposure to deleterious influences. (4) The plan must provide for the removal of any significant amounts of organic material or construction debris. (5) In instances where an existing buffer will be impacted by grading or filling operations, site restoration must be completed in a manner that resembles the original vegetative and topographic state of the property. (6) The plan must protect designated wetlands, floodplains, shorelands, public waters and other natural features. (7) The plan must provide for adequate drainage, stormwater retention and erosion control measures, as described in the NPDES construction general permit, the city's Engineering Design Guidelines and Sec. 35-26. — Stormwater Management Practices. (8) The plan must provide for traffic movements to and from the site and must not have significant adverse effects on roads,intersections or development in the area. Streets surrounding the site must be swept to remove any debris that may accumulate due to these activities. (9) The plan must include a schedule of activities which limits the duration of disruptions and impacts. (10)The plan must also be approved, where required, by appropriate watershed districts, the United States Army Corps of Engineers,the state department of natural resources and any other government agency that has jurisdiction. (11)The plan shall be accompanied by a bond sufficient to ensure compliance with the approved permit and adequate site restoration. The amount of the bond will be based upon the size of the site, sensitivity of its surroundings, extent of grading, amount of material moved, necessary site restoration and potential impacts upon public facilities, including damage to public roadways and property. 5 (12)The plan must comply with the state building code and all other applicable statutes or ordinances. SECTION 4. Stillwater City Code Chapter 31-525 relating to Stormwater Management Practices is hereby repealed from this section of the Code, and is being recodified as Section 35- 26 by separate ordinance. SECTION 5. Stillwater City Code Chapter 32-1 relating to the Subdivision Ordinance is hereby amended as follows: Sec. 32-1. — Subdivision ordinance. 32-1 Subd. 6 (6) regarding drainage requirements in subdivisions: (6) Drainage. Standards for drainage shall be as follows: a. All surface and underground drainage systems must be installed to adequately remove all natural drainage that accumulates on the developed property. All systems must be in conformance with the community drainage plan and all piping must provide complete removal and a permanent solution for the removal of drainage water. The drainage system may include a storm sewer system or a system of open ditches, culverts, pipes, catchbasins and ponding areas. b. The drainage plan must meet the criteria of the City's Engineering Design Guidelines. c. All development areas that drain into Long Lake and/or Brown Creek must show how the proposed drainage system will minimize the impact on those DNR protected wetlands. SECTION 6. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance moves Stormwater from the zoning code into the city code and updates the standards to be consistent with the Engineering Design Guidelines. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 18th day of June, 2019. 6 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: a Beth Wolf, City Clerk 7 AFFIDAVIT OF PUBLICATION CITY OF STILLWATER ORDINANCE 1126 STATE OF MINNESOTA 1AN ORDINANCE RELATED TO CONSERVATION COUNTY OF WASHINGTON ss REGULATIONS AMENDING THE STILLWATER CITY CODE SECTION 31-101 DEFINITIONS,SECTION 31-523 SOIL STRIPPING,SECTION 31-524 GRADING,SECTION Elise Strecker being duly sworn on an oath, 31-525 STORMWATER MANAGEMENT PRACTICES states or affirms that he/she is the Publisher's AND SECTION 32-1 THE SUBDIVISION ORDINANCE Designated Agent of the newspaper(s)known The City Council of the City of Stillwater does ordain: The ordinance moves Stormwater from the zoning code into the city code and updates as: the standards to be consistent with the Engineering Design Guidelines. Approved this 18th day of June,2019.Do not hesitate to contact the Stillwater Gazette City Clerk's Office(651)430-8802 if you have any questions or need further information. with the known office of issue being located Signed: ty Cl Beth Wolf in the county of: Published in the WASHINGTON Stillwater Gazette June 21,2019 with additional circulation in the counties of: 950411 WASHINGTON and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn.Stat.§331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 06/21/2019 and the last insertion being on 06/21/2019. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial ortion of the newspaper's circulation is' the latter county. B Designated Agent Subscribed and sworn to or affirmed before me on 06/21/2019 by Elise Strecker. Notary Public ".'s DARLENE MARIE MACPHERSON Notary Public Minnesota 'a71e `My Commission Expires January 31,2024 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch Ad ID 950411