HomeMy WebLinkAboutgrading issues Melanie Curtis
From: Melanie Curtis
Sent: Wednesday, July 02, 2014 8:42 AM ���
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� To: �t�tc�:�_a._ _.,..,� ( (���r"; ��"Jr'
Cc: 'Joe Schreder'; Matt Fritz; Bob Bean � �" (
Subject: 4055 Elm Street ��''� `'�
Kelly
I have not connected with our Engineer Bob Bean yet this morning, although did send him an email last night after we
spoke. Yesterday Bob determined the rear corner area to be unstable and requires corrections in order for the site to be
!f� finalized. Direction in the form of two/three options were given: construct an engineered/designed wall 5-feet or more
� from the property line; pull the grading down at a 2:1 or 3:1 slope ending at a wall (less than 4' in height) 5-feet or
more from the property line; or rake it out to a 3:1 slope and seed. You suggested obtaining an opinion of a soil
scientist regarding the stability of the slope as-is. This may also be an option.
4055 Elm Street is located within the Shoreland overlay district and is subject to all of the following:
Sec. 78-966. Prohibition.
(a) It is unlawful for any person to perform or have performed the following land alteration activities without
a conditional use permit issued by the council:
(1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth
material within the limits of the city.
(2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or
alter the existing natural grade.
�I (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of
, lakeshore property.
(b) All land alterations involving filling and grading shall be performed only with clean fill as defined in
section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other
applicable statutes or ordinances of other governmental bodies.
(Code 1984, § 10.03(19); Ord. No. 163 2nd senes, § 1, 12-8-1997)
Sec. 78-967. Exception.
(a) The requirements of section 78-966 are not intended to govern the following land alteration activities:
(1) Normal and customary grading in the area of an existing or a newly constructed building, or the
grading of the driveway serving such building.
(2) Any earth movement under 500 cubic yards which does not adversely impact the existing
drainage.
(3) Grading, filling or excavating of ten cubic yards or less within the shore setback zone of all lakes
enumerated in article IX of this chapter.
(b) Such grading and earth movement shall be subject to approval by the building inspector at the time of
issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining
property has been submitted. Where such earth movement is not being performed in conjunction with a
building permit, a separate land alteration permit shall be required. Any unusual land alterations, including
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earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as
provided for in this chapter. The following land alterations shall be considered as unusual land alterations:
� (1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess
� material removed below 12 feet depth is to be stockpiled on the site.
I (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise
grade for adequate frost footing protection, the intent being that structures shall not be artificially
raised above the reexistin surrounding topography.
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' (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent
residential lot lines except for drainage swales and ditches.
(c) The building inspector shall have the authority to refer any requests for land alteration permits to the city
council for review and approval in instances where the land alteration appears to potentially create negative
impacts or be not in keeping with the goals and policies of the community management plan.
(Code 1984, § 10.03(21); Ord. No. 163 2nd senes, §2, 12-8-1997; Ord. No. 171 2nd senes, § 1, 4-4-1998)
Sec. 78-1286. Topographic alterations/grading and filling.
(a) Grading and filling and excavations necessary for the construction of structures, sewage treatment
systems, and driveways under validly issued construction permits for these facilities do not require the
issuance of a separate grading and filling permit. However, all grading and filling activity approved
permits for construction of structures, sewage treatment systems, and driveways shall adhere to the
grading and filling standards of this article.
(b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high
water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic
yards or less shall require city staff review and permit and be subject to other pertinent sections of this
chapter.
(c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall
not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in section
78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review
procedure, and such review shall take into account the following considerations:
(1) Such improvements shall be designed to take advantage of natural vegetation and topography
to achieve maximum screening from view from public waters.
(2) All roads and parking areas shall be designed and constructed to minimize and control erosion
to public waters consistent with the requirements of all agencies with jurisdiction.
(d) Except for those projects requiring permits for construction of structures, sewage treatment systems and
driveways, a land alteration permit will be required as follows:
(1) For movement of one through 500 cubic yards of material anywhere within the Shoreland
Overlay District, a staff-issued land alteration permit shall be required.
(2) For movement of more than 500 cubic yards of material within the Shoreland Overlay District,
conditional use permit approval by the city council is required in addition to the required land
alteration permit.
(e) The following considerations and conditions must be adhered to during the issuance of construction
permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
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Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine
how extensively the proposed activity would affect the following functional qualities of the
wetland:
a. Sediment and pollutant trapping and retention;
b. Storage of surface runoff to prevent or reduce flood damage;
II c. Fish and wildiife habitat;
� d. Recreational use;
e. Shoreline or bank stabilization; and
f. Noteworthiness, including special qualities, such as historic significance, critical habitat for
endangered plants and animals, or others.
This evaluation must also include a determination of whether the wetland alteration being
proposed requires permits, reviews or approvals by other sections of city ordinances or by
other local, state or federal agencies including but not limited to watershed districts, state
department of natural resources, or the United States Army Corps of Engineers.
(2) Alterations must be designed and conducted in a manner that ensures only the smallest amount
of bare ground is exposed for the shortest time possible.
(3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage,
and a permanent vegetation cover must be established as soon as possible.
(4) Methods to minimize soil erosion and to trap sediments before they reach any surface water
feature must be used.
(5)Altered areas must be stabilized to acceptable erosion control standards consistent with the field
office technical guides of the local soil and water conservation districts and the United States Soil
Conservation Service.
(6) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer
for continued slope stability and must not create finished slopes of 30 percent or greater.
(8) Fill or excavated material must not be placed in bluff impact zones.
(9) Any alterations below the ordinary high water level of public waters must first be authorized by
the commissioner of the department of natural resources under Minn. Stat. § 103G.245.
(10)Alterations of topography must only be allowed if they are accessory to permitted or conditional
uses and do not adversely affect adjacent or nearby property.
(11) Placement of natural rock riprap, including associated grading of the shoreline and placement of
a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot
vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the
height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit
shall be obtained per the requirements of section 78-969
(fl Excavations where the intended purpose is connection to a public water, such as boat slips, canals,
lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the
elevation or the ordinary high water level are subject to approval of the department of natural resources and
other agencies with concurrent jurisdiction.
(Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, §8, 7-11-1994; Ord. No. 163 2nd series, §
3, 12-8-1997; Ord. No. 171 2nd se►ies, §2, 4-4-1998; Ord. No. 28 3rd series, § 17, 8-22-2005)
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Chapter 79 CONSTRUCTION SITE RUNOFF CONTROL
Sec. 79-1. Intent.
Sec. 79-2. Statuto authorization.
Sec. 79-3. Findinqs.
Sec. 79-4. Purqose.
Sec. 79-5. Definitions.
Sec. 79-6. Permit and SWPPP repuired.
Sec. 79-7.Application qrocedures.
Sec. 79-8. Stormwater pollution prevention qlan review process.
Sec. 79-9. Minimum SWPPP Best Manaqement Practices (BMPs).
Sec. 79-10. Completion of work.
Sec. 79-11. Emerqencv corrective action.
Sec. 79-12. Penalties.
Sec. 79-13. Other controls.
Sec. 79-14. Severabilitv.
Sec. 79-1. Intent.
To promote the health, safety and general welfare of the citizens of Orono, Minnesota, by requiring
stormwater management practices for construction activity.
(Ord. No. 55 3rd series, § 1, 4-13-2009)
iSec. 79-2. Statutory authorization.
� This chapter is adopted pursuant to Minn. Stat. §462.351.
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(Ord. No. 55 3rd series, § 1, 4-13-2009)
Sec. 79-3. Findings.
The city hereby finds that uncontrolled land disturbing or development activities at construction sites
j are subject to soil erosion and other pollutants that enter into receiving water bodies adversely affecting the
; public health, safety and general welfare by impacting water quality, creating nuisances, impairing other
! beneficial uses of environmental resources, entering roads and damaging the pavement, and trespassing on
iprivate land.
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� (Ord. No. 55 3rd senes, § 1, 4-13-2009)
iSec. 79-4. Purpose.
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�C� The purpose of these regulations is to promote, preserve and enhance the natural resources within
the city and protect them from adverse effects occasioned by poorly sited development or incompatible
activities by regulating land disturbing or development activities that would have an adverse and potentially
irreversible impact on water quality and environmentally sensitive land; by minimizing conflicts and
encouraging proper installation and maintenance of best management practices (BMPs)for land disturbing
or development activities; and by requiring detailed review standards and procedures for land disturbing or
development activities proposed for such areas, thereby achieving a balance befinreen development and
protection of water quality and natural areas.
(Ord. No. 55 3rd series, § 1, 4-13-2009)
Sec. 79-5. Definitions.
The following terms, phrases, words and their derivatives shall have the meaning ascribed to them,
except where the context clearly indicates a different meaning. When inconsistent with the context, words
used in the present tense include the future tense, words in the plural number include the singular number,
and words in the singular number include the plural number. The word "shall" is always mandatory and not
merely directive.
City means the administrative staff, or its agent, of the City of Orono.
Best management practices (BMP) means erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling, preventing, and
minimizing the degradation of surface water, including construction-phasing, minimizing the length of time
soil areas are exposed, prohibitions, and other management practices published by state or designated
area-wide planning agencies.
Detention facility means a permanent natural or man-made structure, including wetlands, for the
temporary storage of stormwater which contains a permanent pool of water.
Discharge means the release, conveyance, channeling, runoff, or drainage, of stormwater including
snowmelt, from a construction site.
Exposed soil areas means all areas of the construction site where the vegetation (trees, shrubs,
brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone to
erosion. This includes topsoil stockpile areas, borrow areas, and disposal areas within the construction site.
It does not include stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is exposed it is
considered "exposed soil," until it meets the definition of final stabilization.
Final stabilization means that all soil disturbing activities at the site have been completed, and that a
uniform perennial vegetative cover with a density of 75 percent for unpaved areas and areas not covered by
permanent structures has been established, or equivalent permanent stabilization measures have been
employed. Simply sowing grass is not considered final stabilization.
Land disturbing or development activities means any change of the land surface including removing
vegetative cover, excavating, filling, grading and the construction of any structure.
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Ownermeans a person who owns the land on which land disturbing activities are proposed to occur
or are occurring.
Person means any individual, firm, corporation, partnership, franchise, association or governmental
entity.
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III Public waters has the meaning given it in Minn. Stat. § 103G.005, subd. 15.
Sediment means solid matter carried by water, sewage, or other liquids.
Stormwater pollution prevention plan (SWPPP) means a joint stormwater and erosion and sediment
control plan satisfying the requirements of this chapter.
Structure means anything which is built, constructed or erected, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some definite manner, which
requires a location on, below or above the ground, land or water, or attached to something having a location
on the ground, land or water.
Stormwater means precipitation runoff, stormwater runoff, snow melt off, and any other surtace
runoff and drainage.
Waters of the state has the meaning given it in Minn. Stat. § 115.01, subd. 22.
Wetlands means type 1, 2, 3, 4, 5, 6, 7, and 8 wetlands, as defined in circular 39, "Wetlands of the
United States," 1971 edition, United States Department of the Interior.
(Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010)
Sec. 79-6. Permit and SWPPP required.
(a)
Applicability. No owner shall conduct or allow land disturbing activities that meet any of the following
criteria without a land disturbance permit and submitting a stormwater pollution prevention plan
(SWPPP) pursuant to this chapter.
(1)
Land disturbance greater than or equal to one acre or which will be part of a larger common
plan or development that will include land disturbing activities greater or equal to one acre.
�2)
Grading, excavation, fill, which is greater than or equal to ten cubic yards (CY) within the
shore setback zone of any lake.
(3)
Grading, excavation, or fill which is greater than or equal to 25 CY.
(b)
(Approval.]No building permit, subdivision approval, or other permit that will result in land disturbing
activities shall be issued until approval of the stormwater pollution prevention plan or a waiver of the
approval requirement has been obtained in conformance with the provisions of this chapter.
(c)
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Exemptions. The provisions of this chapter do not apply to:
(1)
A project for which a building permit was issued on or before April 13, 2009; or
�2)
Emergency work to protect life, limb or property; or
(3)
Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops.
(Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010)
Sec. 79-7. Application procedures.
(a)
Permit application. To obtain a land disturbance permit, the owner shall first file an application on a
form furnished by the city for that purpose. Every such application shall:
(1)
Identify and describe the work to be covered by the permit for which application is made.
�2)
Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the proposed
building or work.
(3)
Indicate the purpose of the proposed work.
(4)
Be accompanied by a stormwater pollution prevention plan as required in section 79-9(c).
(5)
Be signed by the owner(s) or authorized agent.
(6)
Give such other data and information as may be required by the city.
(b)
Financial security.
(1)
Security required. The owner shall provide the city with financial security to ensure the
performance of the owner's obligations pursuant to this chapter. The financial security may
be a letter of credit in a form acceptable to the city or cash. The financial security must be
provided to the city before issuance of the permit. The city may use the financial security to
assure that the work is completed in accordance with the stormwater pollution prevention
plan and the provisions of this chapter. The financial security may also be used by the city to
eliminate any hazardous conditions associated with the work and to repair any damage to
public property or infrastructure that is caused by the work. Amount of security. The amount
of security shall be 125 percent of the estimated cost to accomplish compliance with the
approved stormwater pollution prevention plan. This shall be in addition to any other security
performance required by any other regulations in this Code except that for a project
consisting of one single-family dwelling, an addition to a single-family dwelling, or an
accessory structure for a single-family dwelling the security may also be the construction
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� deposit required by section 75-4. The estimated cost shall be subject to approval by the city
I engineer.
(2)
Reduction of financial security. If requested by the owner, the amount of the financial security
may be reduced by the city subsequent to city inspection. Said reduction will be based upon
the extent to which the grading and restoration have been completed and shall consider the
continued need for erosion control. At no time prior to final stabilization, shall the security be
reduced to less than ten percent of the total original security amount.
(3)
Release of security. Any remaining amount of the financial security deposited with the city for
faithful performance of the plans and specifications and any related remedial work will be
released after the completion and inspection of all such measures and the establishment of
final stabilization, for the permitted site or common plan of development or sale.
(4)
City remedy. If compliance with the approved land disturbance permit is not accomplished
within the allowable time period, the city may bring the project into compliance by use of the
security. Costs in excess of the amount of the security may be assessed to the property as
special assessments and shall be a perpetual lien against the property until paid.
(5)
Exemptions. The city shall be exempt from the requirements of this section.
(c)
Stormwater pollution prevention plan. Each application for a land disturbance permit shall be
accompanied by two copies of a stormwater pollution prevention plan consisting of the following
dependent upon the rype and size of land disturbance activity conducted as described below:
(1)
For all individual residential lots or any commercial and industrial land which disturbs less
than one acre and includes fill or excavation less than 100 cubic yards:
a.
Identification of proposed contour grading on the site at vertical intervals of not more
than two feet;
b.
Drainage patterns clearly shown using arrows depicting direction of surface water
flow;
c.
A map showing the stages or limits of grading together with the existing or proposed
finished elevations;
d.
Identification of proposed building bench elevations;
e.
Submission of preliminary plans or program for water supply, sewage disposal,
drainage and flood control (if applicable);
f.
Soil borings, if required by the city engineer;
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Locations of any wetlands, lakes, streams, or other critical water resource areas;
h.
Appropriate best management practices set forth in this chapter; and
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� Other information as required by the city based on specific project characteristics.
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For all other sites unless exempt under section 79-6(c) or any site if determined appropriate
by the city engineer due to potential impacts to wetlands, lakes, or sensitive receiving waters.
a.
Grading plan. A grading plan shall be provided that clearly indicates the proposed
land disturbance activities. Both existing and proposed topography shall be shown
and have a maximum contour interval of two feet. Drainage patterns shall be clearly
shown using arrows depicting direction of flow. Other information shall be shown as
required by the city based on specific project characteristics.
i b.
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gPhasing plan. A phasing plan shall be provided that clearly indicates the areas in the
� order they are to be disturbed and restored. The phasing plan shall consider
minimization of area and duration of exposed soil and unstable conditions,
minimization of the disturbance of natural soil cover and vegetation, erosion and
sediment control measure installation, weather conditions and the schedule for
�� temporary and permanent restoration. The area and duration of each phase shall be
il indicated on the plan.
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j c.
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j Pond detail sheet. A pond detail sheet shall be provided for each proposed
stormwater pond that shows detailed pond design including normal water level, high
water level, aquatic bench, maintenance bench, outlet structures, emergency
overflow locations and other project specific data required by the city.
d.
Standard detail sheet. A standard detail sheet shall be provided that consists of
applicable construction details for approved erosion and sediment control measures
as developed by the city. Other techniques may be used upon prior approval by the
city with details provided by the designer.
e.
Specifications. Written specifications for land disturbance activities such as product
descriptions, installation and maintenance procedures required by the owner to carry
out the project in accordance with this chapter.
f.
Stormwater pollution prevention plan as required under the NPDES stormwater
permit issued by the MPCA. The stormwater pollution prevention plan shall consist of
three components:
1.
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Temporary erosion and sediment control plan: Indicate the location of
perimeter controls, construction fence, temporary sedimentation basins, iniet
� protection, areas to be seeded, areas to be mulched or blanketed, location of
� construction waste control (dumpsters, chemical storage, concrete washout,
portable restroom facilities, etc.) and all other required temporary erosion and
� sediment control measures as described in section 79-9. This plan shall also
indicate staging of temporary erosion control measures.
2.
Permanent erosion and sediment control plan: Indicates areas to be seeded
and sodded, sediment ponds, storm sewer systems and all other required
permanent erosion and sediment control measures. Permanent stormwater
pollution controls including, but not limited to ponds, vegetated buffers and
structural measures shall be designed and constructed in accordance with
other chapters of the City Code and requirements of other agencies having
jurisdiction.
3.
Narrative: Describes, at a minimum, the nature of construction activity,
� person(s) responsible for inspection and maintenance of site erosion and
sediment control including contact information, project phasing, schedules,
along with the timing, installation and maintenance of erosion and sediment
control measures and specifications necessary to carry out the project.
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NPDES permit documentation: If a national pollution discharge elimination system
(NPDES) general stormwater permit from the Minnesota Pollution Control Agency
(MPCA) is required the owner shall submit to the city a copy of the MPCA Certificate
��I of Permit Coverage.
(Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010)
Sec. 79-8. Stormwater pollution prevention plan review process.
(a)
Process. For any subdivision, the stormwater pollution prevention plan shall be submitted with the
preliminary plat application. For all other applications, the stormwater pollution prevention plan
meeting the requirements of section 79-7 and minimum BMP requirements of section 79-9 must be
reviewed by the city engineer or designated representative who may approve, approve with
conditions, or deny the stormwater pollution prevention plan prior to any land disturbing activity on
the site.
� �b)
' Duration. Approval of a stormwater pollution prevention plan submitted under the provisions of this
article shall expire one single year after the date of approval unless construction has commenced in
accordance with the plan. However, if prior to the expiration of the approval, the owner makes a
' written request to the city for an extension of time to commence construction setting forth the reason
for the requested extension, the city engineer may grant one extension of not more than one single
year. Receipt of any request for an extension shall be acknowledged by the city within 15 days. The
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city shall make a decision on the extension within 30 days of receipt. Any plan may be revised in the
same manner as originally approved.
(c)
i Conditions. A stormwater pollution prevention plan may be approved subject to compliance with
` conditions reasonable and necessary to ensure that the requirements contained in these regulations
are met. Such conditions may, among other matters, limit the size, kind or character of the proposed
� development, require replacement of vegetation, establish required monitoring procedures, stage the
work over time, or require alteration of the site design to ensure buffering, and require the
conveyance to the city or other public entity of certain lands or interests therein.
(d)
Financial security. The adequacy, conditions and acceptability of any financial security shall be
��� determined by the city.
(Ord. No. 55 3rd senes, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010)
Sec. 79-9. Minimum SWPPP Best Management Practices (BMPs).
(a)
(Plan standards required.]No stormwater pollution prevention plan that fails to meet the standards
contained in this section shall be approved by the city council or designated representative.
(b)
; Site dewatering. 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. All water from dewatering must be discharged in a manner that does not
cause nuisance conditions, erosion in receiving channels or on downslope properties, or inundation
in wetlands causing significant adverse impact to the wetland.
All discharge points must be adequately protected from erosion and scour. The discharge must be dispersed
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over natural rock riprap, sand bags, plastic sheeting or other accepted energy dissipation measures.
Adequate sedimentation control measures are required for discharge water that contains suspended solids.
(c)
Construction site waste.
(1)
'fll Waste and material disposal:All waste, unused building material (including garbage debris,
i cleaning wastes, wastewater, toxic materials or hazardous materials), collected sediment,
; asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and
� , demolition debris and other wastes must be properly contained on site and disposed of off
site, not allowed to be carried by runoff into receiving channel or storage sewer system.
�I I; �2)
Hazardous maferials: Oil, gasoline, paint and any hazardous substances must be properly
i stored, including secondary containment, to prevent spill, leaks or other discharge.
Restricted access to storage areas must be provided to prevent vandalism. Concrete wash
- must be limited to a defined area of the site and runoff must be contained within the defined
' area. Storage of hazardous waste must be in compliance with MPCA regulations.
, �3)
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Liquid waste:All non stormwater discharges (concrete truck washout, vehicle washing,
; maintenance spills, etc.) conducted during the construction activity must comply with the
newest version of the state NPDES permit.
il (4)
Sanitary facilities:Adequate on-site sanitary facilities shall be provided in convenient
location(s)for all persons who work on the site.
(d)
Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width
and length to prevent sediment from being tracked onto public or private roadways. Any sediment
reaching a public or private road shall be removed by street cleaning before the end of each
workday.
(e)
Drain inlet protection. All storm drain inlets shall be protected during construction with control
measures as approved by the city. These devices shall remain in place until final stabilization of the
site. A regular inspection and maintenance plan shall be developed and implemented to assure
these devices are operational at all times.
(fl
Site erosion control.
(1)
Channelized runoff from adjacent areas passing through the site shall be diverted around
disturbed areas, if practical. Diverted runoff shall be conveyed in a manner that will not erode
the conveyance at receiving channels. All temporary or permanent drainage channels must
be stabilized within 24 hours of being connected to a water of the state. Sediment control is
required along channel edges to reduce sediment reaching the channel.
�2)
All activities on the site shall be conducted in a logical sequence to minimize the area of bare
soil exposed at any one time.
(3)
All disturbed ground left inactive for 14 or more days must have temporary or permanent
stabi�ization year round.
(4)
For sites with more than ten acres disturbed at one time, or if a channel originates in the
disturbed area, one or more temporary or permanent sedimentation basins shall be
constructed. Each sedimentation basin shall have a surface area of at least one percent of
the area draining to the basin and at least three feet of depth and constructed in accordance
with accepted design specifications. Sediment shall be removed to maintain a depth of three
feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the
discharge channel or the receiving water.
(5)
Perimeter sediment control measures shall be placed along all down gradient perimeters of
the site. If a channel or area of concentrated runoff passes through the site, perimeter
sediment control measures shall be placed along the channel edges to reduce sediment
reaching the channel. All down gradient perimeter sediment control measures must include a
maintenance and inspection schedule.
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jj�l (6) .
Any soil or dirt storage piles containing more than ten cubic yards of matenal should not be
located within 25 feet from a roadway or drainage channel. If remaining for more than 14
days, they shall be stabilized by mulching vegetative cover, tarps or other means and
enclosed with down gradient perimeter sediment controls. Piles which will be in existence for
less than 14 days shall be enclosed with perimeter sediment controls.
��)
Pipe outlets must have energy dissipation installed within 24 hours of connection to waters of
the state.
(9)
Inspections and maintenance. The owner shall be responsible for conducting inspections and
maintenance of all erosion and sediment control BMPs on site.
(1)
Inspections, maintenance, and rainfall on site must be documented and readily available for
review. Inspections are required as followed:
a.
Once every seven days on exposed soil areas.
b.
Within 24 hours after a one-half inch or greater rain event over 24 hours.
c.
Once every 30 days on stabilized areas.
d.
As soon as runoff occurs or prior to resuming construction on frozen ground.
�2)
Maintenance is required as follows:
a.
When sediment reaches 1/3 the height of the BMP on perimeter control devices,
sediment must be removed within 24 hours of discovery.
b.
If the perimeter control device is not functional it must be repaired or replaced within
24 hours of discovery.
c.
Temporary sediment basins shall be maintained when sediment reaches '/z the outlet
height or '/z the basin storage volume. Basins must be drained or sediment removed
within 72 hours of discovery.
d.
Sediment must be removed from paved surfaces within 24 hours of discovery.
(3)
Erosion into streets, wetlands or water bodies. If eroded soils (including tracked soils from
construction activities) enter or appear likely to enter streets, wetlands, or other water bodies,
prevention strategies, cleanup and repair must be immediate with the appropriate approvals
from the DNR, MPCA, or any other state, federal, or local agencies as necessary. The owner
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��I shall provide all traffic control and flagging required to protect the traveling public during
cleanup operations.
(4)
Erosion off-site. If erosion breaches the perimeter of the site, the owner shall immediately
develop a cleanup and restoration plan, obtain right-of-entry from the adjoining property
owner and get appropriate approvals from all state, federal, and local agencies as
necessa . Then im I m n h I n
ry p e e t t e c eanup a d restoration plan within 48 hours of obtaining the
adjoining property owner's permission and approval from any appropriate state, federal, and
local agencies.
(Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010)
Sec. 79-10. Completion of work.
Work will be considered complete when all exposed soil areas have undergone final stabilization, as
defined in section 79-5, is constructed to finish grade, and is in conformance with all permit conditions of
approval to the satisfaction of the city. The owner shall notify the city when the land disturbing operations are
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 control measures, have been completed and final
stabilization has occurred in accordance with this chapter.
(Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010)
Sec. 79-11. Emergency corrective action.
In the event circumstances exist such that noncompliance poses an immediate danger to the public
health, safety and welfare, as determined by the city, the city may take emergency corrective action to
prevent any such danger. The city shall make a reasonable effort to contact and direct the owner to take any
necessary action. Any costs incurred by the city in connection with any emergency action may be recovered
from the owner's financial security.
(Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010)
Sec. 79-12. Penalties.
When an owner fails to conform to any provision of this chapter, the city may take the following
actions:
(1)
Issue a stop work order.
(2)
Withhold the scheduling of building inspections.
(3)
Withhold the issuance of a certificate of occupancy.
(4)
Revoke any permit issued by the city for the site in question.
(5)
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j Direct the correction of the deficiency by city employees or assigns. All costs incurred by the
j city in correcting erosion and sediment control deficiencies must be reimbursed by the
� , owner.
i�I �6�
Action against the financial security. If appropriate actions by the owner have not been
completed within seven days after notification by the city, the city may act against the
financial security if any of the conditions listed below exist. The city shall use funds from this
security to finance any corrective or remedial work undertaken by the city or a contractor
under contract to the city and to reimburse the city for all direct cost incurred in the process
of remedial work including, but not limited to, staff time, consultant's time, and attorney's
fees.
a.
The owner ceases land disturbing activities and/or filling and abandons the work site
prior to completion of the city approved grading plan.
b.
The owner fails to conform to any city approved grading plan and/or stormwater
pollution prevention plan as approved by the city, or related supplementary
instructions.
c.
The techniques utilized under the stormwater pollution prevention plan fail within one
year of installation.
d.
The owner fails to reimburse the city for corrective action taken under section 79-
12(5).
e.
Emergency action as described in section 79-11
�7)
An owner failing to comply with or violating any of these regulations, shall be deemed guilty
of a misdemeanor and subject to a fine or imprisonment or both. If more than one person is
an owner, each person is responsible for compliance with these regulations. Each day that a
separate violation exists constitute a separate offense.
(Ord. No. 55 3rd series, § 1, 4-13-2009; Ord. No. 69 3rd series, § 1, 4-12-2010)
Sec. 79-13. Other controls.
In the event of any conflict between other ordinances adopted by the city council, the more restrictive
standard prevails.
(Ord. No. 55 3rd series, § 1, 4-13-2009)
Sec. 79-14. Severability.
The provisions of this chapter are severable. If any provision of this article or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications
of this article which can be given effect without the invalid provision or application.
(Ord. No. 55 3rd series, § 1, 4-13-2009)
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� Melanie Curtis
'� ' Direct 952.249.4627
� Planning &Zoning Office 952.249.4620
I� Email: mcurtis(a�ci.orono.mn.us
��, Website: www.ci.orono.mn.us
Summer Office Hours: May 19 through August 29, 2014
Monday through Thursday: 7:30 am to 5 pm & Fridays: 7:30 am to 11:30 am
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