HomeMy WebLinkAboutRefunding of escrow Christine Mattson
From: Christine Mattson
Sent: Monday, November 21, 2016 3:45 PM
To: 'angeleyesrick@gmail.com'
Subject: 2801 Fox Street
Attachments: SKM_364e1 61 1 21 1 5080.pdf
Rick,
I am responding to your voice mail regarding the refunding of your escrow money.
Attached is a copy of the signed escrow agreement and Chapter 79 of the Orono Municipal Code. According to C�
Code Section 79-10, work is considered complete when all exposed areas have undergone final stabilization as defined
in Citv Code Section 79-5 - Definitions. In order for your escrow money to be refunded the site must be stabilized with
vegetation or permanent stabilization measures, i.e. mulch or rock.
Please don't hesitate to contact me if you have any questions.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway ; Orono ; MN ; 55356 (physical addressJ
PO Box 66 ' Crystal Bay ; MN ; 55323-0066 (mailing addressJ
tii' 952.249.4620 � 952.249.4616
�! cmattson@ci.orono.mn.us `; � www.ci.orono.mn.us
Office Hours: Monday- Friday 8 am to 4:30 pm
OUR OFFICE WILL BE CLOSED: Thursday& Friday, November 24& 25, 2016
Friday, December 23, 2016
Monday, December 26, 2016
Monday,January 2,2017
1
ESCROW AGREEMENT
`�"'�' DEMOLITION PERMIT#2016-01098
and Sanitary Sewer Extension
AGREEMENT made this��day of�,�� 20� by and between the CITY OF ORONO, a
Minnesota municipal corporation ("City")and ichard Noland ("Owners").
Recitals
1. An application for a demolition permit has been filed for an in-ground pool located at 2801 Fox Street
("Subject Property") legally described as Lot 1, Block 3, Farview, Hennepin County, Minnesota.
2. In conjunction with the demolition, erosion control measures are required as shown on attached Exhibit
uA��
NOW,THEREOFRE, THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement,
the Owners shall deposit$2,500 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City
for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all
out-of-pocket costs (including planning, engineering, or legal consultant review) the City has incurred to assure that the
erosion control measures are installed and maintained so the property complies with the provisions of Orono City Code
Chapter 79. 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. 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 securiry.
3. RIGHT OF ENTRY. The Owners hereby grant the City, its agents, employees, officers and contractors
the right to enter the property to perform all work and inspections deemed appropriate by the City in conjunction with the
required erosion control measures, including but not limited to constructing or completing any and all of the agreed upon
improvements should the Owners'contractor not complete those improvements by the date specified herein.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs,the City will in turn send a
bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill.
4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to
the City within the timeframe outlined in #3 above, shall issue a Stop Work Order until the Owners pay all expenses
invoiced pursuant to#3. The City may draw from the escrow account without further approval of the Owners to reimburse
the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. 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 Subject Property. City Staff shall review
the terms of this escrow agreement two times per year to determine whether the requirements of the project have been
successfully completed and whethe'r it is appropriate to return the funds. Owner may also request the release of the
funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the
project have been successfully completed.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses
incurred by the City exceed the amount in escrow,the City shall have the right to certify the unpaid balance to the subject
property pursuant to Minn. Stat. §§415.01 and 366.012.
CITY: CITY OF ORONO O E S:
By: � /.
�ts: n�r �
Internal Use Only: 0 Original to Planning Department 0 Copy to Street File �Copy to Owner
150784
• Orono, MN Code of Ordinances Page 1 of 13
Chapter 79 - CONSTRUCTION SITE RUNOFF CONTROL
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)
Sec. 79-2. - Statutory authorization.
This chapter is adopted pursuant to Minn. Stat. § 462.351.
(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 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 private land.
(Ord. No. 55 3rd series, § 1, 4-13-2009)
Sec. 79-4. - Purpose.
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 between development and protection of water quality
and natural areas.
(Ord. No. 55 3rd series, § 1, 4-13-2009)
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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.
Citymeans the administrative staff, or its agent, of the City of Orono.
Bestmanagementpractices(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 facilitymeans 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.
Exposedsoilareasmeans 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.
Finalstabilization 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 disturbingordeve%pmentactivitiesmeans any change of the land surface including
removing vegetative cover, excavating, filling, grading and the construction of any structure.
Ownermeans a person who owns the land on which land disturbing activities are proposed
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to occur or are occurring.
Person means any individual, firm, corporation, partnership, franchise, association or
governmental entity.
Public waters has the meaning given it in Minn. Stat. § 103G.005, subd. 15.
Sedimentmeans 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.
Stormwatermeans precipitation runoff, stormwater runoff, snow melt off, and any other
surface runoff and drainage.
Waters ofthe 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)
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[Approval.J 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) 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) Permitapplication. 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) Financialsecurity.
(1) Securityrequired. 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
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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 deposit required by section 75-4. The estimated
cost shall be subject to approval by the city engineer.
(2) Reduction offinancialsecurity. 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) Re%ase ofsecurity. 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) Cityremedy. 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) Stormwaterpollution 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 type 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
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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;
g. Locations of any wetlands, lakes, streams, or other critical water resource areas;
h. Appropriate best management practices set forth in this chapter; and
i. Other information as required by the city based on specific project characteristics.
(2) 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. Gradingplan. 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.
b. Phasingplan. 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
indicated on the plan.
c. Pond detailsheet. 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 detailsheet. 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.
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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. Stormwaterpollution prevention plan as required under the NPDES stormwater
permit issued by the MPCA. The stormwater poilution prevention plan shall consist of
three components:
1. Temporary erosion and sediment controlplan:Indicate the location of perimeter
controls, construction fence, temporary sedimentation basins, inlet 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. Permanenterosion andsedimentcontrolplan: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.
g. NPDESpermitdocumentation: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
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)
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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 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) 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) Financialsecurity. The adequacy, conditions and acceptability of any financial security shall
be determined by the city.
(Ord. No. 55 3rd series, § 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.J 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
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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 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) Waste and material disposal.•All waste, unused building material (including garbage
debris, 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.
(2) Hazardous materials:Oil, gasoline, paint and any hazardous substances must be
properly 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) 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.
(4) Sanitaryfacilities.�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 inletprotection. 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.
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(f) Site erosion contro%
(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. Ali 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 stabilization 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.
(6) Any soil or dirt storage piles containing more than ten cubic yards of material 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.
(7) Pipe outlets must have energy dissipation installed within 24 hours of connection to
waters of the state.
(g) lnspections 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:
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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�/� 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 shall provide all traffic control and flagging required to protect
the traveling public during cieanup 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 necessary. Then implement the cleanup and 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
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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) Direct the correction of the deficiency by city employees or assigns. All costs incurred by
the city in correcting erosion and sediment control deficiencies must be reimbursed by
the owner.
(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
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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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