HomeMy WebLinkAboutOrdinance No. 1547ORDINANCE NO. 1547
BEING AN O INANCE PERT ING TO EROSION SEDIMENT CONTROL
The City of Columbia Heights does hereby establish Section 9.106(Q) Erosion and
Sediment Control of Chapter 9, Article 1, of the City Code to read as follows:
(Q) Erosion and Sediment Control
(1) PURPOSE
During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded
sail endangers water resources by reducing water quality and causing the siltation of aquatic
habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and
ditches and the dredging of lakes.
As a result, the purpose of this local regulation is to safeguard persons, protect property, and
prevent damage to the environment in Columbia Heights. This ordinance will also promote the
public welfare by guiding, regulating, and controlling the design, construction, use, and
maintenance of any development or other activity that disturbs or breaks the topsoil or results in
the movement of earth on land in Columbia Heights. This ordinance is to be used in supplement
to the City Zoning Code, Chapter 9.106 and to any other regulations as required by state agencies.
(2) DEFINITIONS
(a) As-Built Plans
Record drawings of approved and as constructed improvements.
(b) Best Management Practices (BMPs)
Erosion and sediment control and water quality management practices that are the most
effective and practicable means of controlling, preventing, and minimizing degradation of
surface water, including avoidance of impacts, 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.
(c) City Engineer
A registered professional engineer with the State of Minnesota who has received training
and is given authority by the City of Columbia Heights to review, authorize, approve,
inspect, and maintain erosion and sediment control plans and practices.
(d) Clearing
Any activity that removes the vegetative surface cover.
(e) Conservation Easement
A conservation easement is legal land preservation. agreement between a landowner and. a
municipality or a qualified land. protection organization. The easement confers the
transfer of usage rights from one party to another.
(f) Construction Activity
A disturbance to the land that results in a change in the topography, or the existing soil
cover (both vegetative and non-vegetative). Examples of construction activity may
include clearing, grading, filling and excavating.
(g} Dewatering
The removal of water for construction activity. It can be a discharge of appropriated
surface or groundwater to dry and/or solidify a construction site. Minnesota Department
of Natural Resources permits are required to be appropriated and if contaminated may
require other MPCA permits to be discharged.
(h) Erosion Control
A measure that prevents erosion including but not limited to: soil stabilization practices,
limited grading, mulch, temporary or permanent cover, and construction phasing.
(i) Erosion Control Inspector
A designated agent given authority by the City of Columbia Heights to inspect and
maintain erosion and sediment control practices.
(j) Final Grade
Excavation or fill of material to final plan. elevation. Final grade completed as part of
individual site development.
(k) Final Stabilization:
All soil disturbing activities at the site have been completed and a uniform (e.g.,
evenly distributed, without large bare areas) perennial vegetative cover with a
density of 70% of approved vegetative cover for the area has been established on
all unpaved areas and areas not covered by permanent structures, or equivalent
permanent stabilization measures have been employed;
(I) Grading
Excavation or fill of material, including the resulting conditions thereof.
(m) Grading, Drainage and Erosion Control Permi±
A permit issued by the municipality for the construction or alteration of the ground and
for the improvements and structures for the control of erosion, runoff, and grading.
Herein after referred to as "Grading Permit".
(n) Grading, Drainage and Erosion Control Plans
A set of plans prepared by or under the direction of a licensed professional engineer.
Plans are required to indicate the specific measures and sequencing to be used to control
grading, sediment and erosion on a development site during and after construction as
detailed in the City of Columbia Heights "Zoning Ordinance" and City SWPPP.
(o) Imperaious Surface
A constructed hard surface that either prevents or retards the entry of water into the soil
and. causes water to run off the surface in greater quantities and at an increased rate of
flow than prior to development. Examples include rooftops, sidewalks, patios,
driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.
(p) National Pollutant Discharge Elimination System (NPDES)
The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and
enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and
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United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and
1.345.
(q} Perimeter Sediment Control
A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or
diverting it to a sediment trap or basin.
(r) Permanent Cover
Final site stabilization. Examples include turf, gravel, asphalt, and concrete.
(s} Phasing
Clearing a parcel of land in distinct phases, with the stabilization of each phase
completed before the clearing of the next.
(t) Zoning Ordinance
City Code detailing City specifications for all plan requirements.
(u) Public Waterway
Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies
of water delineated by the City of Columbia Heights or other state or federal agency.
(v) Rough Grade
Excavation or fill of material to a condition suitable for general maintenance.
(w) Sediment Control
Measures and methods employed to prevent sediment from leaving the site.
(x) Site
A parcel of land or a contiguous combination thereof, where grading work is perfarmed
as a single unified operation.
(y} Stabil~ed
The exposed ground surface has been covered by appropriate materials such as mulch,
staked sod, riprap, wood fiber blanket, or other material t11at prevents erosion from
occurring. Grass seeding is not stabilization.
(z) Standard Plates
General drawings having or showing similar characteristics or qualities that are
representative of a construction practice or activity.
(aa) Start of Construction
The first land-disturbing activity associated. with a development, including land
preparation such as clearing, grading, excavation and filling;
(bb) Storm Water
Defined under Minn. R. 7077.0105, subp. 41(b}, and includes precipitation runoff, storm.
water runoff, snow melt runoff, and any other surface runoff and drainage.
(cc} Storm Water Pollution Prevention Program (SWPPP)
A program for managing and reducing storm water discharge that includes erosion
prevention measures and sediment controls that, when implemented, will decrease soil
erosion on a parcel of land and decrease off-site nonpoint pollution.
(dd) Surface Water or Waters
All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage
systems, waterways, watercourses, and irrigation systems whether natural or artificial,
public or private.
(ee) Temporary Erosion Control
Methods employed to prevent erosion. Examples of temporary cover include; straw,
wood fiber blanket, wood chips, and. erosion netting.
(ff) Waterway
A channel that directs surface runoff to a watercourse or to the public storm drain.
(gg} Water Conveyance System
Any channel that conveys surface runoff throughout the site.
(hh) Wetland or Wetlands
Defined in Minn. R. 7050.0130, subp. F and includes those areas that are inundated or
saturated by surface water or groundwater at a frequency and. duration sufficient to
support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. Constructed wetlands designed for
wastewater treatment are not waters of the state.
(3) PERMITS
(a) APPROVAL: No person. shall be granted a Grading Permit for land-disturbing
activity that would require the uncovering or distributing of material in excess of any of
the following measurements without the approval of a Grading, Erosion and Sediment
Control Plan by the City of Columbia Heights.
1. 5,000 square feet.
2. 500 cubic yards undeveloped land, or
50 cubic yards developed land.
3. Within 1,000 feet of a waterway
(b) EXCEPTION: No Grading Permit is required for land disturbances under the
amounts specified above, or for the following activities:
1. Any emergency activity that is immediately necessary for the protection of life,
property, or natural resources.
2. General establishment of new construction lawns, or the addition of four (4} or fewer
inches of topsoil.
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3. Existing nursery and agricultural operations conducted as a permitted main or
accessory use.
(e} APPLICATION REQUIREMENTS:
1. Each application shall bear the name(s) and address(es) of the owner or developer of
the site, and of any consulting firm retained by the applicant together with the name
of the applicant's principal contact at such firm
2. A filing fee and security as outlined by the City's Zoning ordinance and paragraph
(d) below.
3. A Grading, Erosion and Sediment Control Plan meeting the requirements of this
ordinance. Each application shall include the required number of plans and other
required materials as specified on the application form.
4. The application form shall include a statement by the applicant that any land clearing,
construction, or development involving the movement of earth shall be m accordance
with the Approved Grading, Erosion and Sediment Control Plan.
(d) SECURITY:
1. The permittee will be required to file with the City of Columbia Heights an
irrevocable, automatically renewing letter of credit, or other improvement security in
the amount specified by the current City ordinance for fee schedule.
a. The security shall cover all costs of engineering and inspection, site
improvements, street sweeping, repairs to erosion control measures, and
maintenance of improvements for such period as specified by the City of
Columbia Heights. Such deposit shall be provided prior to the release of the
Grading permit.
b. Deposit shall be released after final stabilization is complete, erosion control
measures have been removed and their removal area. inspected.
2. Individual lot developers shall be required to provide a bond with a buildang permit
application.
a. The security shall cover City costs for street sweeping, installation,
maintenance and repairs to erosion control measures. The bond will be in an
amount as specified by the current City ordinance for fee schedule,
b. The security shall be released after turf is established as specified in the City
Zoning Ordinance.
(e) PROCEDURE: The City of Columbia Heights will review each application for
Grading Permit to determine its conformance with the provisions of this regulation and
other applicable requirements. The City of Cohimbia Heights requires complete
application no less than fifteen (15) working days in advance of the desired Grading
Permit date. Upon complete application, the City of Columbia Heights shall, in writing:
1. Approve the permit application;
2. Approve the permit application subject to such reasonable conditions as may be
necessary to secure substantially the objectives of this regulation, and issue the
permit subject to these conditions; or
3. Disapprove the permit application, indicating the reason(s) and procedure for
submitting a revised application and/or submission;
4. Appeals of denial of permit shall be processed in accordance with Appeal to the
Columbia Heights Zoning Ordinance,
(4) GRADING, EROSION AND SEDIMENT CONTROL PLAN REQUIREMENTS
(a} PLAN REQUIREMENTS: Grading, erosion control practices, sediment control
practices, and waterway crossings shall meet the design criteria set forth in the Grading,
Erosion and Sediment Control Plan, and shall be adequate to prevent transportation of
sediment from the site to the satisfaction of the City of Columbia Heights.
The Grading, Erosion and Sediment Control Plan shall comply with all of the NPDES
General Storm Water Permit requirements for temporary erosion control, final
stabilization and permanent water quality and include the following as applicable:
1. A natural resources map identifying soils, tree cover including size and type,
significant native plant communities, and resources protected under other chapters of
this code.
2. A sequence of construction of the development site, including stripping and clearing;
rough grading; construction of utilities, infrastructure, and buildings; and final
grading and landscaping. Sequencing shall identify the expected dafe on which
clearing will begin, phasing of clearing or grading, the estimated duration of
exposure of cleared areas, areas of clearing, installation of temporary erosion and
sediment control measures, and establishment of permanent vegetat.on.
3. All erosion and sediment control. measures necessary to meet the objectives of this
local regulation throughout all phases of construction and after completion of
development of the site. Depending upon the complexity of the project, the drafting
of intermediate plans may be required at the close of each season.
4. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected
seeding dates, type and rate of lime and fertilizer application, and kind and quantity
of mulching for both temporary and permanent vegetative control measures.
Required specifications are referenced in the City of Columbia Heights Zoning
Ordinance.
5. Provisions for maintenance of erosion and sediment plan, specifically in boulevards,
easements and other public areas, and estimates of the cost of maintenance.
6. Provisions for regular permittee inspections of all control measures in accordance
with the inspection schedule outlined on the approved Grading, Erosion and
Sediment Control Plan(s).
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7. Modifications to the plan shall be processed and approved or disapproved in the same
manner of this regulation, may be authorized by the City of Columbia Heights by
written authorization to the permittee, and shall include:
a. Major amendments of the erosion and sediment control plan submitted to the
City of Columbia Heights.
b. Field modifications of a minor nature.
(5) CONSTRUCTION REQUIREMENTS
(a) CONSTRUCTION SPECIFICATIONS:
1. Grading, erosion and. sediment controls as specified in the City's Zoning Ordinance.
2. Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted, except when in compliance with all other chapters of this Code. Clearing
techniques that retain natural vegetation and drainage patterns shall be recommended
as necessary and used to the satisfaction of the City Engineer.
3. Clearing, except that necessary to establish sediment control devices, shall. not begin
until all sediment control devices have been installed and have been stabilized.
4. Phasing may be required on all sites based on site specifics, with the size of each
phase to be established at plan review and as approved by the City Engineer/City of
Columbia Heights.
5. Soil stabilization shall be completed within 14 days of clearing or inactivity in
construction.
5. Final stabilization on all sites shall become established within 6 months. The City of
Columbia Heights may require the site to be reseeded or a nonvegetative option
employed.
7. Seeding shall be in accordance with the City's current seeding specification as
detailed in the Plan Requirements and Design Guidelines. All seeded areas shall be
fettilized, mulched, and disc anchored as necessary for seed retention.
Special techniques that meet the design criteria outlined in Plan Requirements and
Design Guidelines shall be in place on steep slopes or in drainage ways shall be used
to ensure stabilization.
9. Soil stockpiles which shall be inactive for a period of 7 or more days shall include
provisions for perimeter sediment controls. The placement of soil stockpiles adjacent
to public rights-of--way or waterways is prohibited.
10. The entire site must be stabilized to a 70 percent coverage, using a heavy mulch layer
or another method that does not require germination to control erosion, at the close of
the construction season.
11. Techniques shall be employed to prevent the blowing of dust or sediment from the
site.
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l2o Techniques that divert upland runoff past disturbed slopes shall be employed.
(b} WATERWAY AND WATERCOURSE PROTECTION REQUIREMENTS:
The Permittee(s) shall implement the following waterway and watercourse measures on
the site:
1. A temporary stream crossing installed and approved by the local government unit and
regulating agency if a wet watercourse will be crossed regularly during construction.
2. Stabilization of the watercourse channel before, during, and within 24 hours after any
in-channel work.
3. All on-site stormwater conveyance channels designed according to the criteria
outlined in the Plan Requirements and Design Guidelines.
4. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved
channels.
(c} POLLUTION PREVENTION MANAGEMENT MEASURES: The Permittee(s)
shall implement the following pollution prevention management measures on the site:
1. Solid Waste: Collected sediment, asphalt and concrete millings, floating debris,
paper, plastic, fabric, construction and demolition debris and other wastes must be
disposed of properly and must comply with MPCA disposal requirements.
2. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be
property stored, including secondary containment, to prevent spills, leaks or other
discharge. Restricted access to storage areas must be provided to prevent vandalism.
Storage and disposal of hazardous waste must be in compliance with MPCA
regulations.
External washing of trucks and other construction vehicles must be limited to a
defined area. of the site. Runoff must be contained and waste properly disposed of.
No engine degreasing is allowed on site.
(6) INSPECTION
(a) NOTIFICATION: The Erosion Control Inspector shall make inspections as
hereinafter required and either shall approve that portion of the work completed or shall
notify the permittee wherein the work fails to comply with the Erosion and Sediment
Control Plan as approved.
(b) PROCEDURE: The Applicant shall inspect all permit sites once per week and
within 24 hours after a rain event. The City shall also require inspections at other
development benchmarks as follows. To obtain inspections, the permittee shall notify the
City of Columbia Heights at least two working days before the following:
1. Installation of sediment and erosion measures
2. Start of construction
3. Close of the construction season
4. Completion of final stabilization/landscaping
5. Removal of erosion control measures
6. Final project compliance and acceptance close-out
(c) MATERIAL REQUIREMENTS: Seed tags should be submitted to the Erosion
Control Inspector for approval prior to commencing work. Proof of application rates
should be provided.
(d) PERMITEE INSPECTION: The permittee or his/her agent shall also make
regular inspections of all control measures in accordance with the inspection schedule
outlined on the approved Grading, Erosion and Sediment Control Plan(s). The purpose of
such inspections will be to determine the overall effectiveness of the control plan and the
need for additional control measures. All inspections shall be documented in written form
and submitted to the City of Columbia Heights at the time interval specified in the
approved permit.
(e} AUTHORIZATION: The City Engineer or Erosion Control Inspector shall enter
the property of the applicant as deemed necessary to make regular inspections to ensure
the validity of the reports filed under Section B.
(~ SITE MAINTENANCE
(a) RESPONSIBILITIES: The permittee shall clean dirt and debris from streets that
has resulted from construction work by the Developer, home builders, subcontractors, their
agents or assigns. Prior to any construction in the plat, the Developer shall provide the City
Engineer with a schedule for erosion and sediment control inspection, street cleaning, and
street sweeping.
(b) LAPSE: If the Grading pennittee repeatedly fails to meet or maintain sediment and
erosion control measures per the Approved Grading, Sediment and Erosion Control Plan, the
City may, in its discretion, perform the work or contract to have the work completed and
drawn down on the escrow deposit to pay any costs.
The City will endeavor to notify the Developer in advance of any proposed action, but
fail~.ue of the City to do so will not affect the Developer's and City's rights or
obligations hereunder.
2. If the Developer does not reimburse the City for any cost the City incurred beyond
that covered by the deposit, for such work within ten (10) days from the date notice of
the amount owed to the City is mailed, the City may draw on the security to reimburse
City for such costs.
(8) CERTIFICATION
(a) APPROVED GRADING, EROSION & SEDIMENT CONTROL PLAN: Plans
for grading, stripping, excavating, and filling work bearing the approval of the City
Engineer shall be maintained at the site during the progress of the work.
(b) AS-BUILT GRADING PLAN AND DEVELOPMENT PLAN: Within thirty
(30) days after completion of site development as per the appraved Grading, Erosion and
Sediment Plan, and prior to the approval. of individual building permits, the Developer
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shall provide the City with an As Built Grading Plan and Development Plan as defined in
the City of Columbia Heights Zoning Ordinance.
(e) PROCEDURE: The City will withhold issuance of building permits until the
approved certified As-Built Grading Plan and As-Built Site Development Plan are on file
with the City, all securities as required by this ordinance are received, conservation posts
installed and all erosion control measures are in place as determined by the City
Engineer.
(d) REMOVAL OF EROSION CONTROL MEASURES: The above specified
requirements will be authorized far removal. upon the sodding of the rear yards,
completion of punch list items involving ponds and slopes, final stabilization, completion
of proper turf establishment and placement of the proper conservation easement posts and
signs as specified. Inspection is required after the removal of erosion control measures to
verify proper restoration. Please refer to City of Columbia Heights Zoning Ordinance for
specifications.
(9) ENFORCEMENT
(a) STOP WORK ORDER/REVOCATION OF SITE DEVELOPMENT PERMIT.
In the event that any person holding a site development permit pursuant to this
ordinance violates the terms of the permit or implements site development in such a
manner as to materially adversely affect the health, welfare, environment, or safety of
persons residing or working in the neighborhood or development site so as to be
materially detrimental to the public welfare or injurious to property or improvements
in the neighborhood, the City of Columbia Heights may suspend or revoke the site
development permit through the issuance of a stop work order or the revocation of
Site Development or building permit.
2. The City of Columbia Heights City may draw down on the Grading Permit security,
~,~rith 30 days written notice to Developer, for any violation of the terms of this
Contract related to landscaping if the violation is not cured within such thirty (30}
day period or if the security is allowed to lapse prior to the end of the required term.
If the security is drawn down, the proceeds shah be used to cure the default.
3. No development, utility or street construction will be allowed. and no building permits
will be issued unless the development is in fill compliance with the requirements of this
Paragraph.
(b) VIOLATION AND PENALTIES:
No person shall_ construct, enlarge, alter, repair, or maintain any grading,
excavation, or fill, or cause the same to be done, contrary to or in violation of any
terns of this ordinance. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and each day during which any
violation of any of the provisions of this ordinance is committed, continued, or
pernitted, shall constitute a separate offense.
Upon conviction of any such violation, such person, partnership, or corporation
shall be punished by a fine as specified by the City ordinance for fee schedule for
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each offense. In addition to any other penalty authorized by this section, any
person, partnership, or corporation convicted of violating any of the provisions of
this ordinance shall be required to bear the expense of such restoration.
(10) SEPARABILITY
The provisions and sections of this ordinance shall be deemed to be separable, and the
invalidity of any portion of this ordinance shall not affect the validity of the remainder.
This ordinance shall be in full force and effect from and after thirty (30) days after its
passage.
First Reading: June 9, 2008
Second Reading: June 23, 2008
Date of Passage: June 23, 2008
Offered by: Kelzenberg
Second by: Diehm
Roll Call: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg Absent: Wills
~` 'Mayor Gary L. Peterson
~ ~~
Patricia Muscovitz CMC
~- City Clerk ti--'
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