03-22-99 PC Agenda
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AGENDA
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GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, March 22,1999
7pm
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I. Approval of Minutes - March 15, 1999 (May be coming under separate
cover)
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II. Reports on Meetings of the Housing and Redevelopment Authority, City
Council and Board of Zoning Appeals
III.
Other Business
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A, Workshops
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1.
2.
3.
Land Use Plan Map
Draft Ordinance - Grading, Drainage, and Erosion Control
Draft Ordinance - Tree Preservation
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VI. Adjournment
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Planning Commission Guidelines for Public Input
The Planning Commission is an advisory body, created to advise the City Council on land use.
The Commission will recommend Council approval or denial of a land use proposal based upon
the Commission's determination of whether the proposed use is permitted under the Zoning .
Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely
affect the surrounding neighborhood.
The Commission holds informal public hearings on land use proposals to enable you to learn,
first-hand, what such proposals are, and to permit you to ask questions and offer comments.
Your questions and comments become part of the record and will be used by the Council, along
with the Commission's recommendation, in reaching its decision.
With the completion of the informal public hearing(s) there will be a short recess before the
commission continues with the remainder of the agenda.
To aid in your understanding and to facilitate your comments and questions, the Commission
will utilize the following procedure:
1. The Commission Chair will introduce the proposal and the recommendation from staff.
Commission members may ask questions of staff.
2. The proponent will describe the proposal and answer any questions from the
Commission.
3.
The Chair will open the public hearing, asking first for those who wish to speak to so
indicate by raising their hands. The Chair may set a time limit for individual
questions/comments if a large number of persons have indicated a desire to speak.
Spokespersons for groups will have a longer period of time for questions/comments.
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4. Please give your full name and address clearly when recognized by the Chair.
Remember, your questions/comments are for the record.
5. Direct your questions/comments to the Chair. The Chair will determine who will answer
your questions.
6. No one will be given the opportunity to speak a second time until everyone has had the
opportunity to speak initially. Please limit your second presentation to new information,
not rebuttal.
7. At the close of the public hearing, the Commission will discuss the proposal and take
appropriate action.
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TREE PRESERVATION ORDINANCE
City of Golden Valley
Findings and Purpose Statement. The City Council finds it is in the best interest of the city to
protect, preserve, and enhance the natural environment of the community and to encourage a
resourceful and prudent approach to the development, redevelopment and alteration of trees
or wooded areas. In the interest of achieving these objectives, the city has established the
comprehensive tree preservation regulations herein to promote the furtherance of the
following:
1. Protection and preservation of the environment and natural beauty of the city;
2. Assurance of orderly development and redevelopment within trees or wooded areas to
minimize tree and habitat loss;
3. Prevention or reduction of soil erosion and sedimentation and storm water runoff;
4. Evaluation of the impacts to trees and wooded areas resulting from development;
5. Establishment of minimal standards for tree preservation and the mitigation of
environmental impacts resulting from tree removal;
6. Provision of incentives for creative land use and environmentally compatible site design
which preserves trees and minimizes tree removal and clearcutting during development;
and
7. Enforcement of tree preservation standards to promote and protect the public health,
safety and welfare of the community.
Definitions. For the purposes of this subdivision, the following terms shall be defined as
stated:
Applicant means any person or entity that is required to submit and implement an
approved tree preservation plan under this section.
City Engineer means City Engineer of the City of Golden Valley or his/her designee.
Construction area means any area in which movement of earth, alteration in
topography, soil compaction, disruption of vegetation, change in soil chemistry, or any
other change in the existing character of the land occurs as a result of the site
preparation, grading, building construction or any other construction activity.
Critical root zone (CRZ) means an imaginary circle surrounding the tree trunk with a
radius distance of one foot per one inch of tree diameter, e.g., a 20-inch diameter tree
has a CRZ with a radius of 20 feet.
Developer means any person or entity other than a builder, as defined herein, who
undertakes to improve a parcel of land, by platting, grading, installing utilities, or
constructing or improving any building thereon.
Development or redevelopment means individual lot single-family or two-family
residence development, single-phase development and two-phase development, as
those terms are defined herein.
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Diameter inch means the diameter, in inches, of a tree measured at diameter breast
height (4.5 feet from the uphill side of the existing ground level).
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Drip line means the farthest distance away from the trunk that rain or dew will fall
directly to the ground from the leaves or branches of the tree.
Forester means a person holding a bachelor's degree in forestry from an accredited
four-year college of forestry.
Individual lot single-family or two-family residence development means the
process where the construction of a new single-family or two-family residence occurs on
a single lot.
Landscape architect means a person licensed by the state as a landscape architect.
Significant woodland means a grouping or cluster of coniferous and/or deciduous
trees with contiguous crown cover, occupying 500 or more square feet of property,
which are comprised of deciduous trees between four inches and 12 inches in diameter
or coniferous trees between four feet and 12 feet in height.
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Single-phase development means the process where improvement of the entire site
occurs in one continuing process. Activities which can occur during single-phase
development include initial site grading; installation of utilities; construction of public
streets; construction and grading of drainageways; filling of any areas; grading of the
pad area; utility hookups; construction of buildings, parking lots, driveways, storage
areas, recreation areas, private streets; and any other activity within the construction
area.
Tree means any of the following type of trees, as each is defined herein:
Coniferous evergreen tree means a woody plant which, at maturity, is at least
12 feet or more in height, having foliage on the outermost portion of the branches
year-round.
Deciduous tree means a woody plant which, at maturity, is at least 15 feet or
more in height, having a defined crown, and which sheds leaves annually.
Hardwood deciduous tree includes, but not limited to ironwood, catalpa, oak,
maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust and
basswood.
Significant tree means a healthy tree measuring a minimum of six inches in
diameter for hardwood deciduous trees, defined herein, or a minimum of 12
inches in diameter for softwood deciduous trees, as defined herein, or a
minimum of 12 feet in height for coniferous/evergreen trees.
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Softwood deciduous tree includes, but not limited to: cottonwood,
poplars/aspen, box elder, willow, silver maple and elm.
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Specimen tree means a healthy hardwood deciduous tree measuring equal to or
greater than 30 inches diameter and/or a coniferous tree measuring 50 feet or
greater in height.
Two-phase development means the process where improvement of the entire site
occurs in at least two distinct phases. Generally the first phase includes initial site
grading; installation of utilities; construction of public streets; construction, grading of
drainageways; and filling of any areas. The second phase generally includes grading of
specific pad areas; utility hookups; construction of buildings, parking lots, driveways,
storage areas, recreation areas, private streets; and any other activity within the specific
construction zone.
c. Tree Preservation Plan
1. Scooe of apolication. A tree preservation plan shall be submitted to and approved by
the City Engineer and implemented in connection with any of the following:
(a) New development or redevelopment in any zoning district;
(b) New building construction in any zoning district;
(c) Expansion of the footprint of any existing commercial, industrial or
institutional building by ten percent or greater square feet, where an
approved tree preservation plan is not on file with the City Engineer.
2.
Exemotions
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The provisions of this section shall not apply to trees removed as a result of additions to
existing structures or accessory structures within single-family and two-family zoning
use districts, which are developed or intended to be developed with single-family or two
family-dwellings.
3.
Submission reauirements. The tree preservation plan required hereunder shall be
submitted or incorporated with a grading, drainage and erosion control plan. All tree
preservation plans must be certified by an approved consulting forester or landscape
architect retained by the applicant.
The proposed plan shall be submitted to the City Engineer at least five working days
prior to the issuance of the grading permit to ensure compliance with the approved tree
preservation plan. All sites shall be staked, as depicted in the approved grading plan,
and the required tree protection fencing shall be installed before grading is to
commence. The City Engineer shall inspect the construction site prior to the beginning
of the grading to ensure that protective fencing and other protective measures are in
place. No encroachment, grading, trenching, filling, compaction, or change in soil
chemistry shall occur within the fenced areas protecting the critical root zone of the
trees to be saved.
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Applicants of single-family or two-family residential building permits are required to
prepare an individual lot tree preservation plan when significant tree, specimen trees,
and/or significant woodlands exist on site. Individual lot tree preservation plans for
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single-family or two-family residential buildings are not required to be prepared by a
forester or landscape architect.
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4.
Plan requirements. The tree preservation plan shall include the following information:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
The name(s), telephone number(s), and address(es) of applicants, property
owners, developers and/or builders;
A Certificate of Survey delineating all existing and proposed features of the site;
Delineation of all areas to be graded and limits of land disturbance;
Size, species, and location of all existing significant trees, specimen trees, and
significant woodlands located within the project limits. These significant trees,
specimen trees, and significant woodlands should be identified in both graphic
and tabular form;
Identification of all significant trees, specimen trees, and significant woodlands
proposed to be removed within the construction area. These significant trees,
specimen trees, and significant woodlands should be identified in both graphic
and tabular form;
Measures to protect significant trees, specimen trees, and significant woodlands;
Size, species, and location of all replacement trees proposed to be planted on
the property in accordance with the tree replacement schedule; and
Signature of the person(s) preparing the plan.
5. Reauired protective measures. The tree preservation plan shall identify and require the
following measures to be utilized to protect significant trees, specimen trees, and
significant woodlands:
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(a) Installation of snow fencing or polyethylene laminate safety netting placed at the
drip line or at the perimeter of the critical root zone (CRZ), whichever is greater,
of significant trees, specimen trees, and significant woodlands to be preserved.
No grade change, construction activity, or storage of materials shall occur within
this fenced area.
(b) Identification of any oak trees requiring pruning between April 15 and July 1. Any
oak trees so pruned shall be required to have any cut areas sealed with an
appropriate nontoxic tree wound sealant at the moment of trimming.
(c) Prevention of change in soil chemistry due to concrete washout and leakage or
spillage of toxic materials, such as fuels or paints.
6. Additional protective measures. The following tree protection measures are suggested
to protect significant trees, specimen trees, and significant woodlands that are intended
to be preserved according to the submitted tree preservation plan and may be required
by the City Engineer:
(a) Installation of retaining walls or tree wells to preserve trees.
(b) Placement of utilities in common trenches outside of the drip line of significant
trees, or use of tunneled installation.
(c) Use of tree root aeration, fertilization, and/or irrigation systems.
(d) Transplanting of significant trees into a protected area for later moving into
permanent sites within the construction area.
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(d) Therapeutic pruning of diseased tree branches or damaged and exposed root
systems.
(e) Installation of root severing protection barriers along Critical Root Zones.
(f) Designate areas for soil and equipment storage to prevent soil compaction in
Critical Root Zones.
7. Review orocess. The tree preservation plan shall be reviewed by the City Engineer to
assess the best possible layout to preserve significant trees, specimen trees, and
significant woodlands and to enhance the efforts to minimize damage to specimen
trees, significant trees and significant woodlands. The applicant shall meet with the City
Engineer prior to submission of the application for the grading, drainage and erosion
control permit to determine the most feasible and practical placement of buildings,
parking, driveways, streets, storage and other physical features, in order that the fewest
significant trees, specimen trees, and significant woodlands are destroyed or damaged.
8. Performance auarantee. Any applicant of a new development shall provide the required
performance guarantee following preliminary approval of the tree preservation plan and
prior to any construction and/or grading. The amount of the performance guarantee to
be submitted, specific to the tree preservation fulfillment's, shall be calculated as
follows:
(a) Unless the applicant provides tree mitigation in the form of cash dedication, 100
percent of the cost of completing tree replacement mitigation as determined by
the City Engineer or;
(b) An amount to guarantee preservation of all trees, identified by the approved tree
preservation plan to be preserved, within 15 feet of the construction zone
(measured from the construction unit to the nearest side of the tree). The amount
shall be calculated by multiplying the total diameter inches of significant trees
and specimen trees to be preserved within this 15-foot zone by the rate of
payment of $25.00 per diameter inch and the total square feet of significant
woodlands to be preserved within the 15-foot zone by the rate of $1.20 per
square foot.
Following written request by the applicant for acceptance, the performance guarantee
will be released upon verification by the City Engineer that the tree preservation plan
was followed and that the tree replacement schedule was complied with where
necessary, but in no event shall the performance guarantee be released earlier than two
years after the date of the project closure.
The provisions of this section shall not apply to trees removed from additions to existing
structures of single-family and two-family zoning use districts, which are developed or
intended to be developed with single-family or two-family dwellings.
9.
Removal of diseased trees required. Prior to any grading, all diseased, hazardous, and
nuisance trees on the subject property shall be identified by the City Engineer in
accordance with the tree disease control and prevention regulations of the City Code.
Any and all diseased or hazard trees as identified in other sections of this code shall be
removed from the property at the expense of the property owner, at the time of grading,
if so directed.
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10. Compliance with plan. The applicant shall implement the tree preservation plan prior to
and during any construction. The tree protection measures shall remain in place until all
grading and construction activity is terminated, or until a request is made to and
approved by the City Forester or his/her designee.
No significant trees, specimen trees, or significant woodlands shall be removed until a
tree preservation plan is approved and except in accordance with the approved tree
preservation'plan as approved by the City Engineer. If a significant tree(s), specimen
tree(s) or any significant woodland that was intended to be preserved is removed
without permission of the City Engineer or damaged so that it is in a state of decline
within two years from date of project closure, a cash mitigation, calculated per diameter
inch of the removed/destroyed tree or per total square foot of significant woodlands, in
the amount set forth in the city fee schedule, shall be remitted to the city.
The City Engineer shall have the right to inspect the development and/or building site in
order to determine compliance with the approved tree preservation plan. The City
Engineer shall determine whether compliance with the tree preservation plan has been
met.
D. Allowable Tree Removal.
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1.
Tree removal allowance. Specimen tree, significant tree, and significant woodland
removal shall be in accordance with the city-approved tree preservation plan. Mitigation
shall be required if the total number trees removed exceed the following percentages:
(a) Single-lot development.
(1) Single-family or two-family residential, 20 percent.
(2) Commercial and multiunit residential, 30 percent.
(b) Multi-lot development.
(1) Single-phase development process.
(aa) Single-family or two family residential, 40 percent.
(bb) Commercial and multiunit residential, 47.5 percent.
(2) Two-phase development.
(aa) Initial site development, 25 percent.
(bb) Individual lot development.
a. Single-family or two family residential, 20 percent.
b. Commercial or multiunit residential, 30 percent.
2.
Exception. When practical difficulties result from strict compliance with the provisions of
this paragraph, the City Engineer may permit significant tree, specimen tree, and
significant woodland removal in excess of the allowable limits in accordance with the
City Engineer. In the event such exception is granted, a reforestation plan or cash
mitigation will be implemented. The City Engineer shall determine which form of
mitigation shall be utilized.
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e. Tree reDlacement requirements.
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1. Sianificant and specimen tree replacement.
Number of Replacement Trees
Sianificant Tree(s) Damaaed or Removed
Coniferous, 12 to 24 feet high
Coniferous, 24 feet or higher
Hardwood deciduous, 6 to 20 inches diameter
Hardwood deciduous, 21 to 30 inches diameter
Softwood deciduous, 12 to 24 inches diameter
Softwood deciduous, greater than 24 inches diameter
Specimen Tree(s)
Cateaorv A or Cateaorv B or Category C
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2
1
2
1
2
3
2
4
2
4
2
4
6
4
8
4
8
4
8
12
2. Significant woodland reolacement. Where replacement of a significant woodland is
required, the applicant shall be responsible for furnishing and installing one category A
replacement tree or two category B replacement trees or four category C replacement trees
for every 125 square feet of significant woodland damaged or destroyed, or any increment
thereof.
3. Size of replacement trees.
Category A trees shall be no less than the following sizes:
Deciduous trees, not less than four inches in diameter.
Coniferous trees, not less than 12 feet in height.
Category B trees shall be no less than the following sizes:
Deciduous trees, not less than 21/2 inches in diameter.
Coniferous trees, not less than six feet in height.
Category C trees shall be no less than the following sizes:
Deciduous trees, not less than 11/2 inches in diameter.
Coniferous trees, not less than four feet in height.
4. Species requirement. Where ten or more replacement trees are required, not more than 50
percent of the replacement trees shall be of the same species of tree without the approval
of the City Engineer.
5. Warranty requirement. Any replacement tree which is not alive or healthy, as determined by
the City Engineer, or which subsequently dies due to construction activity within two years
after the date of project closure shall be removed by the applicant and replaced with a new
healthy tree meeting the same minimum size requirements within eight months of removal.
6. Mitigation
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(a) In any development that the tree/woodland allowable removal limits are
exceeded, the applicant shall mitigate the tree loss by either reforestation of (tree
replacement) appropriate areas within the development area, in accordance with
the tree replacement schedule, or payment to the city of the sum per diameter
inch calculated from the total amount of diameter inches of the required
replacement trees in accordance with the tree replacement schedule. The fee per
diameter inch shall be set forth in the city fee schedule, and the payment thereon
shall be deposited into an account designated specifically for tree mitigation.
(b) The form of mitigation to be provided by the applicant shall be determined by the
City Engineer.
(c) The planting oftrees for mitigation shall be in addition to any other landscape
requirements or minimum standards of the city.
(d) Significant tree replacements will be calculated by replacing the largest diameter
tree first, proceeding down to the smallest diameter significant tree.
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GRADING, DRAINAGE AND EROSION CONTROL ORDINANCE
City of Golden Valley
SECTION 1.0 - COUNCIL FINDINGS, PURPOSE, AND MEANS
1.1 Findings
The City Council finds that although there are several permit requirements from various agencies
regulating grading activities, there are a significant number of projects occurring each year that are
not required to obtain any form of permit for land alteration.
The City Council recognizes that the City of Golden Valley, at the local level, is best suited to establish
a permit system to minimize the significant erosion occurring each year from these sites.
1.2 Purpose
The purpose of this ordinance is to reduce erosion and sediment deposition to the greatest practical
extent; reduce sediment deposition into the catch basin and storm sewer system, thus preventing
flooding problems which can damage property; and to limit the amount of sediment deposition into
lakes, streams, and ponds within the City of Golden Valley.
1.3 Means
The City intends to implement this ordinance through the following means:
A. Require a security deposit at the time of permit application as security that the provisions of
the permit will be met.
B. Establish a permit system to provide a means for monitoring and inspecting grading activities.
C.
Require design and construction of erosion and sediment control measures to minimize
sediment deposition.
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS
2.1 Statutory Authorization
The City of Golden Valley has authority under Minnesota Statutes Chapter 497 to regulate grading,
drainage and erosion control for land distributing activities. This ordinance as well as Chapter 103
of Minnesota Statutes and Section 404 of the Federal Clean Water Act also regulates erosion and
sediment control. Where, in any specific case, differences occur between these ordinances the most
restrictive shall govern.
2.2 Scope
The grading, drainage and erosion control permit shall be required for any and all grading activities
meeting the criteria listed within this code. .
2.3 Responsibility
Neither the issuance of the grading, drainage and erosion control permit nor compliance with its
conditions or the provisions of this ordinance, shall relieve any person from any responsibility
otherwise imposed by law for damages to persons or party, nor shall the issuance of any permit
hereunder serve to impose any liability on the municipality or its officers or employees for injury or
damage to persons or property. A permit issued pursuant to this ordinance shall not relieve the
permittee of the responsibility of complying with any other requirements established by law, regulation
or ordinances.
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Greater Restrictions
It is not the intention of this ordinance to repeal or abrogate any existing grading, erosion and
sediment control policies; however, where this ordinance imposes greater restrictions, the provisions
of this ordinance shall prevail.
Definitions
(Terms not defined in this ordinance shall have the meaning customarily assigned to them as a matter
of general usage.)
A. Alteration. Any change or modification of land, water, vegetation or existing structure in a
wetland or wetland impact area.
B. Best Manaaement Practices lBMPs). Means 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 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. Examples of BMPs can be found in Protectina Water Qualitv in Urban Areas, Minnesota
Pollution Control Agency 1989, and Storm Water Management for Construction Activities:
Developing Pollution Prevention Plans and Best Manaaement Practices, U.S. Environmental
Protection Agency 1992 as a reference for BMPs, and Erosion Control Desian Manual,
Minnesota Department of Transportation, et ai, 1993.
Borrow. Earth material acquired from an off-site location for use in grading on a site.
Citv Enaineer. City Engineer of the City of Golden Valley or his/her designee.
Develooment. The construction, installation or alteration of any structure; the extraction, filling
clearing or other alteration of land or vegetation; the change of cross section of any water
body of watercourse; the subdivision of land per the Municipal Code.
Earth Material. Any rock, natural soil or fill or combination thereof.
Erosion. Means the wearing away of soil by rainfall, surface water runoff, wind, or ice
movement.
Erosion Control. Means methods employed to prevent erosion. Examples include soil
stabilization practices, horizontal slope grading, temporary or permanent cover, and
construction phasing.
J. Final Stabilization. Means the installation of permanent vegetative cover on the entire site.
K. Grade. The vertical location of the ground surface.
L. Grading. Any land disturbance or landfill, or combination thereof.
M. Gradina. Drainaae and Erosion Control Plan. A set of best management practices or
equivalent measures designed to control surface runoff and erosion and to retain sediment
on a particular site during the period in which pre-construction and construction-related land
disturbances, fills and soil storage occur, and after all other planned structures and
permanent improvements have been erected or installed.
N. Gradina Plan. Refers to a Grading, Drainage and Erosion Control Plan prepared in
accordance with city standards.
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o.
Land Disturbance/Land-Disturbina Activities. Any moving or removing by manual or
mechanical means of the soil mantle or top six (6) inches of soil, whichever is more shallow
including, but not limited to, excavations.
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P.
Owner. Means the person or party possessing the title of the land on which the construction
activities will occur; or if the construction activity is for a leaseholder, the party or individual
identified as the leaseholder; or the contracting government agency responsible for the
construction activity.
a.
Permanent Cover. Means final stabilization. Examples include grass, gravel, asphalt, and
concrete.
R. Permit. An official document or certificate issued by the City Engineer authorizing
performance of a specified activity.
S. Permittee. Means a person, firm, or governmental agency or other institution who signs the
application submitted to the City Engineering Department and is responsible for compliance
with the terms and conditions of this permit.
T. Sediment. Means the product of an erosion process; solid material both mineral and organic,
that is in suspension, is being transported, or has been moved by water, air, or ice and has
come to rest on the earthS] surface either above or below water level.
U. Sediment Control. Means methods employed to prevent sediment from leaving the site.
Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales,
check dams, subsurface drainpipe slope drains, storm drain inlet protection, and temporary
or permanent sedimentation basins.
V. Site. A parcel or parcels of real property owned by one or more than one person, which is
being or is capable of being developed as a single project.
W. Soil. Means the unconsolidated mineral and organic mineral material on the immediate
surface of the earth.
x.
Stabilized. Means the exposed ground surface has been covered by staked sod, riprap,
wood fiber blanket, or other material, which prevents erosion from occurring. Grass seed is
not stabilization.
Y. Storm Water. Means the precipitation runoff, storm water runoff, snowmelt runoff, and any
other surface runoff and drainage. Storm water does not include construction site
dewatering.
Z. Temoorary Protection. Means methods employed to prevent erosion. Examples of
temporary include; erosion netting, wood fiber blanket, wood chips, and silt fence.
AA. This Ordinance. The Golden Valley Grading, Drainage and Erosion Control Ordinance.
SECTION 3.0 - GRADING, DRAINAGE AND EROSION CONTROL PERMITS
3.1 General
1. Except as provided in subsection 3.3, no grading or development of any kind shall be allowed
without first having applied for and been granted an grading, drainage and erosion control
permit from the City Engineer.
2. The granting of a grading, drainage and erosion control permit does not abrogate the
applicants need to obtain permits required by other local, state or federal agencies.
3.
The applicant shall provide the City Engineer with a non-refundable application fee as
outlined in the fee resolution to cover the cost of administration and inspection. In addition,
if the estimated costs of construction exceed five thousand dollars ($5,000), the applicant
may be required to post additional securities to ensure the provisions of the permit are met.
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3.2
Activities Requiring a Permit
Except as otherwise provided in this ordinance, no person may grade, fill, excavate, store or dispose
of soil or earth materials or perform any other land-disturbing or land-filling activity including, but not
limited to, lot preparation associated with new home construction without first obtaining a permit from
the City Engineer. The following activities shall require a grading, drainage and erosion control permit.
1. Land disturbing activities which remove soils or vegetation in excess of ten thousand square
feet, (10.000 sa. ftl, including but not limited to clearing, digging, dredging, draining or filling.
2. Any activity requiring a building permit.
3. Any excavation as required by the city's right-of-way management ordinance.
4. Disposal or storage of borrow material.
5. Installation of essential services, Le. roads, sanitary sewer, etc.
3.3 Activities/Exceptions not Requiring a Permit
The following activities may be undertaken without a Grading, Drainage and Erosion Control Permit:
1 . Maintenance of existing yards with the provision that no additional vegetation be removed
or altered.
2. Landscaping, including grading, that does not exceed 10,000 sq.ft in area or $500 in material
and labor.
3.
Emergency work to preserve life or property; repairs or maintenance of any lawful use of land
existing on the date of adoption of this ordinance.
3.4 Application/Issuance of Permit
Applications for grading, drainage and erosion control permits shall be made by the owner or owners
of the property and shall be submitted to the Engineering Department. All applications shall be
accompanied by the application fee and shall include the following information:
1. Permit application.
2. Site Plan. A map or a series of maps or drawings that contain information explained in the
narrative including;
A. Project description - The nature and purpose of the land-disturbing activity and the
amount of grading involved.
B. Phasing of construction - The proposed stages of grading, utilities, and building
construction.
C. Existing site conditions - existing topography, vegetation and drainage.
D. Adjacent areas - A minimum of one hundred feet (100') beyond the project
site boundaries including neighboring streams, lakes, residential areas,
roads, etc., which might be affected by the land-disturbing activity.
E.
Erosion and sediment control measures - Methods to be used to control erosion and
sedimentation on the site, both during and after the construction process.
Permanent stabilization - How the site will be stabilized after construction is
completed, including specifications.
F.
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G. Stormwater management - How storm runoff will be managed, including
methods to be used if the development will result in increased peak rates of
runoff.
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H.
Maintenance - Schedule of regular inspections and repair of erosion and sediment
control structures.
I. Calculations - Engineering calculations that were made for the design of such items
as sediment basins, diversions, waterways, storm water management systems,
water quality features and other applicable practices.
3. Grading, Drainage and Erosion Control Plan prepared according to City Standards.
4. Certificate of Survey.
5. Soil Engineering Report, where required.
6. Engineering Geology Report, where required.
7. Work schedule, where required.
8. Any supplementary material required by the City Engineer.
9 Written review and approval of all other permitting authorities.
3.5 Permit Fees and Securities
1. Fees for permits shall be determined by the Council and fixed by a resolution, a copy of which
shall be in the office of the City Clerk and uniformly enforced.
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2.
The applicant shall provide security for the performance of the work described and delineated
in the Grading Plan in an amount to be determined by the fee resolution but not less than one
hundred and fifty percent (150%) of the approved estimated cost of performing said work.
Said security shall remain in effect until the final stabilization has been approved by the City
Engineer or the site has received a certificate of occupancy. The form of the security shall
be one or a combination of the following to be determined by the City Engineer:
(a) bond or bonds issued by one or more corp orated sureties duly authorized to do
business in the State of Minnesota. The form of the bond or bonds shall be
subject to the approval of the City Attorney;
(b) deposit, either with the City Engineer or a responsible escrow agent or trust
company at the option of the City Engineer, of money, negotiable bonds of the
kind approved for securing deposits of public monies, or other instrument of
credit from one or more financial institutions subject to regulation by the State
or Federal government wherein said financial institution pledges funds are on
deposit and guaranteed for payment; or
c} cash in U.S. currency.
3.6
Decision on a Permit
.
The City Engineer shall review all documents submitted pursuant to this ordinance to determine they
are in compliance with the requirements of this ordinance. If deemed by the city Engineer to be
necessary, it may request additional data, clarification of any submitted data or correction of any
defective submission within sixty (60) working days after the date of submission.
1. An application that is deemed by the city engineer to be incomplete shall result in automatic
denial of the permit.
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2. The city Engineer shall notify applicant of hislher approval or denial of the permit within sixty
(60) days of receipt of decision by all other affected permitting authorities having jurisdiction
and within three (3) working days of its decision.
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3.
The City Engineer shall issue a permit upon approval of the Grading, Drainage and Erosion
Control Application and, where required, a deposit of appropriate security and payment of
fees.
3.7 Permit Duration
Permits issued under this ordinance shall be valid for the period during which the proposed land
disturbing or filling activities and soil storage takes place or is scheduled to take place. The permittee
shall commence permitted activities within sixty (60) days of the issuance of the permit for grading
or the permittee shall resubmit all required application forms, maps, plans, schedules and security
to the City Engineer, except where an item to be resubmitted is waived by the City Engineer. The City
Engineer will terminate the permit when;
1. A certificate of occupancy has been issued.
2. The site has been stabilized and approved by the City Engineer.
3. There has been 180 days of inactivity.
3.8 Implementation of Permits - Permittee's Duties
The permittee shall comply with all other provisions of this ordinance including, but not limited to, the
requirements of the following subdivisions.
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1. Unless this requirement is waived by the City Engineer, the permittee shall notify the City
Engineer within seventy-two (72) hours of:
(a) the beginning of the permitted activity;
(b) the completion of rough grading;
(c) the completion of finished grading;
(d) the installation of all erosion control devices and the completion of planting
requirements; and
(e) readiness of the site for final inspection including, but not limited to, finished
grading, installation of drainage devices and final stabilization measures.
2. The permittee shall submit reports to the City Engineer under the following circumstances and
shall submit recommendations for corrective measures, if necessary and appropriate, with
such reports unless the recommendation requirement is waived by the City Engineer.
(a) there are delays in obtaining materials, machinery, services or manpower
necessary to the implementation of the Grading Plan as scheduled;
.
3.
(b) there are any delays in land disturbing or filling activities or soil storage;
(c) the work is not being done in conformance with the approved Grading Drainage
and Erosion Control Plan. Any changes to the approved plan must be submitted
to the City Engineer for review and approval before work can commence.
The permittee shall cause all grading material and soil however placed on a grading site to
remain within the limits of the grading site and not travel onto adjacent property, streets, or
other public or private property as dust, mud, chunks, or otherwise, unless approved by all
affected adjacent property owners and the City Engineer.
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4. The permittee shall be responsible for removal of all material deposited off site as
directed by the City Engineer.
5. The permittee shall at all times provide access to the site for inspection by the City Engineer.
3.9
Suspension or Revocation of Permit
Except as otherwise provided within this code, the City Engineer shall follow the procedures set forth
in this Section for suspension or revocation of a permit.
1. The City Engineer shall suspend the permit and issue a stop work order, and permittee shall
cease all work on the work site when:
(a) The City Engineer determines that the permit was issued in error or on the basis
of incorrect information supplied, or in violation of any ordinance or regulation or
the provisions of this ordinance;
(b) The permittee fails to submit reports when required under this code.
(c) Inspection by the City Engineer reveals that the work or the work site:
(1) is not in compliance with the conditions of this code, or
(2) is not in conformity with the approved Grading, Drainage and Erosion
Control Plan, or Certificate of Survey, or
(3) is not in compliance with an order to modify the erosion control measures
required pursuant to this code, or
.
(d) The permittee fails to comply with an order to modify within the time limits
imposed by the City Engineer and, as to erosion control measures.
The city building official may issue a stop work order for a related building permit it requested
by the City Engineer.
2.
3. If permittee fails or refuses to cease work as required, the City Engineer shall revoke the
permit and may be penalized according to section 4.0 of this code.
4. The City Engineer shall reinstate a suspended permit upon permittee's correction of the cause
of the suspension.
4. The City Engineer shall not reinstate a revoked permit.
SECTION 4.0 . ENFORCEMENT AND PENALTIES
4.1 Enforcement and Penalties
Any violation of the provisions of this ordinance or failure to comply with any of its requirements shall
constitute a misdemeanor and shall be punishable by law and upon conviction shall be punishable
by a fine of not less than One Hundred Dollars ($100.00) per day. Each day any violation of this
ordinance shall continue shall constitute a separate offense. Any person who in violation of this
ordinance allows erosion to occur shall restore the impacted area to the original condition or
reimburse the City for the costs of restoration.
4.2
Action Against Financial Security
The City Engineer may act against the appropriate security if there exists any of the conditions listed
in Subds. 1 - 4 below. The City Engineer shall use funds from the appropriate security to finance
remedial work undertaken by the City or a private contractor under contract to the City, and to
reimburse the City for all direct costs incurred in the process of the remedial work including, but not
limited to, staff time and attorney's fees.
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1. The permittee ceases land-disturbing activities and/or filling and abandons the work site prior
to completion of the Grading Plan.
2.
The permittee fails to conform to the Grading, Drainage and Erosion Control Plan as approved
or as modified under this code, and has had his/her permit revoked under this Code.
3. The techniques utilized under the Grading, Drainage and Erosion Control Plan fail within one
(1) year of installation, or before a Final Plan is implemented for the site or portions of the
site, whichever is later.
4. The City Engineer determines that action by the City is necessary to prevent excessive
erosion from occurring on the site.
4.3 Release of Security
Security deposited with the City for faithful performance of the grading and erosion control work and
to finance necessary remedial work shall be released either one (1) year after termination of the
permit, when a vegetative cover has been established or when a Grading Plan is submitted for the
unimproved site, whichever is later, provided no action against such security has been filed prior to
that date. The city reserves the right to retain all or a percentage of the securities for a warranty
period at the discretion of the City Engineer.
4.4 Reduction of Security
The permittee may have the option to reduce their security one time within each permitted year.
4.5
Cumulative Enforcement
The procedures for enforcement of a permit, as set forth in this ordinance, are cumulative and not
exclusive.
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