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HomeMy WebLinkAbout706 Excavating & FillingSUBSECTIONS: 706.100: 706.200: 706.300: 706.400: 706.500: 706.600: 706.700: 706.800: 706.900: SECTION 7O6 .EXCAVATING AND FILLING TITLE; PURPOSE DEFINITIONS PERMIT REQUIRED APPLICATION PROCEDURE PREREQUISITES TO PERMIT ISSUANCE SECURITY REQUIREMENTS NUISANCE PROHIBITED COMPLETION ENFORCEMENT AND ENFORCEMENT PENALTIES Public Ways & Property 706.100: TITLE: PURPOSE: This Section shall be known as the "Excavating and Filling Section of the City of Prior Lake". The provisions of this Section are intended to preserve all watercourses and wetlands consistent with the provisions of the Prior Lake Overall Storm Water Management Plan, as revised July 16, 1981, and any subsequent revisions or amendments thereto, the Prior Lake zoning ordinances, the Prior Lake subdivisions ordinances, the Prior Lake building ordinances and the ordinance for the management of shoreland areas of the Qty of Pdor Lake. 706.200: DEFINITIONS: For the purpose of this Section, the following terms, phrases, and words shall have the meaning given herein: Material: Shall include soil, sand, gravel, clay, bog, mud, concrete, bricks and tree stumps. Operation: (A) With respect to uplands, operation shall mean the removal or deposition operations or a combination of both exceeding either the greater of five hundred (500) square feet of surface area or a volume of fifty (50) cubic yards. (B) With respect to excavating and filling in watercourses and wetlands as designated on the City of Prior Lake Overall Storm Water Management Plan, operation shall mean the removal or deposition operations or a combination of both without respect to a minimum area o' volume. Person: Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including Municipal corporation of governmental agencies or subdivision thereof. Remove: Shall include dig, dredge, such, excavate and bulldoze. City of Prior Lake 706/pl Public Ways & Property Upland: All that land or area above the high water mark from a one hundred (100) year storm, as defined by the City of Prior Lake Storm Water Management Plan, dated February 6, 1979, revised July 16, 1981, and any subsequent revisions or amendments thereof, on file at the offices of the City of Prior Lake. Watercourses: Any waterway or other body of fresh or brackish water, including but not limited to bays, rivers, creeks, rivulets, lakes, ponds, holding water areas and streams as designated and set forth on the City of Prior Lake Overall Storm Water Management Plan, dated February 6, 1979, revised July 16, 1981, and any subsequent revisions or amendments thereto, on file at the offices of the City of Prior Lake. Wetlands: Lands generally covered or intermittently covered with water to a depth of six feet (6') or less with fresh or brackish water, marshes, swamps and bogs as set forth and designated on the City of Prior Lake Overall Storm Water Management Plan dated February 6, 1979, revised July 16, 1981, and any subsequent revisions or amendments thereto, on file at the offices of the City of Prior Lake. 706.300: PERMIT REQUIRED: Any person who shall undertake an operation in the City including mineral extraction, depositing of materials or excavation of any materials on any upland, watercourse or wetland, as defined herein, shall first make an application and obtain a permit from the City Engineer as hereinafter provided. Any removal or deposition operation for the ptrpose of an immediately pending superstructure for upland areas only and for which a building permit has been obtained from the City shall be exempt from this Section. 706.400: (1) (2) (3) (4) APPLICATION PROCEDURE: A permit may be issued upon the written verified application of the person proposing to remove or cause the removal or proposing to deposit or cause the deposition of material. Said application shall contain the following information. The name and address of the applicant, and the source of the applicant's right to excavate or remove or to deposit or fill (e.g., whether the applicant is the owner, lessee, licensee, etc.). In all cases where an applicant is not the owner, the consent of the owner, duly acknowledged, must be attached to the application. The purpose for the proposed excavating or filling or deposition. A map or plat of the proposed filling or excavation showing the location and amount of matedal proposed to be removed or deposited, with a description of the area from which the removal or in which deposition is proposed. The depth or heights to which such removal or deposition is proposed throughout the area and the proposed angle of all slopes to be shown on a two foot (2') contour City of Prior Lake 706/p2 (5) (6) (7) (8) Public Ways & Property map at a scale of one inch equals fifty feet "1" = 50') or larger. The original and proposed contours shall be shown including all property within one hundred fifty feet 9150') of the proposed excavation or deposition and shall be signed by an engineer or surveyor registered in the State. The manner in which the material will be removed and/or deposited. The estimated time when the excavation or filling will begin and be completed. The highway, street or other public way in the City upon and along which any material for removal or deposition is to be hauled or carried. The street, avenue, land, alley, highway, right of way, thoroughfare or public ground of the City which shall be obstructed. (9) An erosion control plan, which shall contain the following information: a. Existing site map showing the site and immediately adjacent areas, including: A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including depth of water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers. Location and dimensions of existing storm water drahage systems and natural drainage patters on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water or wetland and setting forth those areas of the unaltered site where storm water collects. A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable. Vegetative cover and clear delineations of any vegetation proposed for removal. One hundred year (10-year) flood plains, flood fringes and floodways. b. A site construction plan including: Locations and dimensions of all proposed land disturbing activities and any phasing of those activities. Locations and dimensions of all temporary sdl and dirt stockpiles. Locations and dimensions of all construction site erosion control measures necessary to meet the standards as outlined in "Protecting Water Quality in City of Pdor Lake 706/p3 Public Ways & Property urban Areas", published by the Minnesota pollution Control Agency, or an equivalent set of standards. Schedule of anticipated starting and completion date for each installation of erosion control measures. Provisions for maintenance of the construction site erosion control measures during construction. c. A plan of final site conditions on the same scale as the existing site map showing the site changes including: Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features. A landscape plan, drawn to an appropriate scale, including dimensions and distances and the .location type, size and description of all proposed landscape materials which will be added to the site. A drainage plan of the developed site delineating in which direction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collection. The proposed size, alignment, profiles and intended use of any structures to e erected on the site. Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project. It shall be responsibility and the burden of the applicant to demonstral9 to the satisfaction of the City Engineer that the proposed excavation and/or filling complies with the City of Prior Lake Overall Storm Water Management Plan. Said burden shall include the furnishing of a report with supporting calculations of a registered professional engineer. 706.500: 706.501 706.502 706.503 PREREQUISITES TO PERMIT ISSUANCE: The City Engineer, as a prerequisite to the granting of a permit or after a permit has been granted, may require the applicant to whom such permit issues, or prior to the issuance ofsaid permit, or the owner or user of the property on which the excavation or filling is located to: Compliance: Comply with the City of Prior Lake Storm Water Management Plan, as revised July 16, 1981, and any subsequent revisions or amendmentsthereto, on file in the offices of the City. Setback Requirements: Require that the setback of the proposed excavation or filling site be at least fifty feet (50') from the 10(~year storm water elevation level which is defined in the Storm Water Management Plans "an event which has a one percent (1%) statistical probability of occurring in any given year''. Elevation: The City Engineer may require that the lowest living building elevation City of Prior Lake 706/p4 706.504 706.505 706.506 706.507 706.508 (1) (2) Public Ways & Property level be placed at an elevation consistent with the City of Prior Lake Overall Storm Water Management Plan, i.e., three feet (3') above the l O(~year storm water elevation level. Roads and Parkinq Areas: Roads and parking areas shall be located to retard the runoff of surface waters and nutrients and, where feasible and practical, all roads and parking areas shall meet the setback requirements established for structures in this subsection. Elevation of Lowest Floor. Structures shall be placed at an elevation consistent with the City's Flood Plain Management Ordinance. In areas not regulated by the Flood Plain Management Ordinance, the elevation to which the lowest floor, including basements, Shall be placed, shall be determined as follows: a. For lakes, ponds and flowages by: An elevation of available flood information and consistent with Statewide standards and criteda for management of flood plain areas of Minnesota: or By placing the lowest floor at a level at least three feet (3') above the highest known water level. In those instances where sufficient data on known high water levels are not available, the ordinary high water mark shall be used. b. For rivers and streams, by an evaluation of available flood information and consistent with Statewide standards and criteria for management of flood plains areas of Minnesota. Unsuitable Lands: No land shall be subdivided which is held unsuitable by the City for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewerage treatment capabilities, being not in compliance with the City of Prior Lake Overall Storm Water management Plan, as revised July 16, 1981, and any subsequent revisions and amendments thereto, or any other feature likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community. Maintenance: City Engineer may require that any excavation or filling within the limits which the particular permit is granted may be maintained. Approvals: Applicant shall contact the Prior Lake- Spring Lake Watershed District, State Department of Natural Resources and the U.S. Army Corps d Engineers for any necessary approval by any of these agencies before issuing the permit or for a modification of the issued permit for filling or excavating and city of Pdor Lake 706/p5 706.509 706.510 706.511 706.512 Public Ways & Property applicant shall warrant to the City Engineer that he has made the necessary contacts. Contact Utilities: Applicant shall contact and notify all utilities of the applicant's intent to deposit or excavate in sufficient time for said utility to locate it underground facilities, if any; however, the applicant, upon application for the permit shall warrant to the City Engineer that he has notified all affected utilities. Barricades: May require the erection of a suitable fence, guard or barricade about the place of such excavation or filling. The permittee shall have his name plahly and legibly printed upon or attached upon such barricade, railing or other warning device. Upon completion of the purposes of such excavation or filling, or when so ordered by the City Engineer, the permittee without delay shall restor the ste so that it shall be in as good a condition as that at the time of issuance of said permit. The City Engineer may supervise and regulate the excavation or filling to the satisfaction of the City Engineer, insofar as excavation or filling procedJres, size, banners, warning lights or barricades are concerned in, and necessary for such excavation or filling and the permittee shall, in every particular, comply with the rules and regulations on file in the office of the City Engineer. 706.600: (1) (2) (3) SECURITY REQUIREMENTS: All applications for permits for filing or excavations under this Section shall be made in writing and accompanied by the following: Such fees as set forth in the rules and regulations promulgated by the City Council, which rules and regulations shall be on file in the office of the City Engineer. Such bond, irrevocable letter of credit or deposit of monies in a sum to be determined by the City Manager or the City Council. Said bond shall be issued by a surety company authorized to do business in the State which shall provide sufficient surety running to the city, conditioned to pay the City the costs of restoring the site of filling or excavating, the extraordinary costs and expenses of repairing highways, streets or other public ways along designated routes of travel caused by the special burden resulting from hauling and travel in the removal or deposition of materials and to pay such expense as the City may incur by reason of doing anything required to be done by any applicant to whom a permit is issued. The amount of such costs and expenses shall be determined by the City Engineer who shall advise the City Manager or the Council of such amounts. A public liability insurance policy in which the City is named as co-insured in such amounts and with such coverage as may be determined by the City Engineer or the City Council on advice from the City Engineer to protect the City from any and all claims or damages which might be assessed against the City by reason of the application for the permit. City of Prior Lake 706/p6 (4) (5) (6) Public Ways & Property For applicants who will be doing more than one project in the City, a certificate of insurance may be left on file with the City Clerk without filing of a separate certificate for each permit. In such cases, one blanket bond indemnifying the City for completion and complying with the City ordinance may be filed in the aggregate amount of the total current jobs that said applicant will be undertaking at a rate and with the coverage as determined by the City Manager or the CityCouncil. Any applicant to whom such permit is granted, or the owner of any premises upon which the activity the subject of the permit occurs, who shall refuse, neglect or fail to fence, guard, properly drain or fill in, any excavation when ordered o' required by the City Engineer to so do, as promptly as the same can reasonably be done, shall be guilty of a violation of this Section. Any filling or excavating in violation of this Section shall be evidence of negligence in any action by any person thereafter injured or damages incurred to the person or property thereby. The City Manager or the City Council may, for failure of any person to comply with any requirement made of him under the provisions of this Section, after notice given to the applicant and/or owner, order that the applicant or owner promptly and within reasonable time comply with the requirements of said order and proceed to cause compliance as specified n the order, and if such applicant or owner does not, promptly and within reasonable time, comply with the requirements of said order, proceed to cause the required work to be accomplished, the cost of which work shall be assessed against the property whereon such excavation or filling is situated; or the City may, at its option, p'oceed to collect such costs by an action against the person to whom such permit has been issued and his sureties or security, if such bond, irrevocable letter of credit or monies or security exists. 706.700: NUISANCE PROHIBITED: Each permit issued hereunder is issued upon condition that no nuisance shall be permitted upon the licensed premises and any excavation or filling or operation in connection therewith, shall be such as to not interfere materially with the health or ordinary physical comfort of people living in the neighborhood, because of dust, dirt, noise, stagnant or deep accumulations of water, vibration or shall be such as to materially depreciate the value of residences, homes or the City of Pdor Lake Overall Storm Water Management Plan. '~e City Manager may cancel any permit issued hereunder when the same is deemed a nuisance, or may deny the permit if it is deemed a nuisance. 706.800: COMPLETION: Upon completion of the operations authorized hereunder, the person to whom the permit has been issued shall submit to the City a certificate from a registered land surveyor or registered professional engineer duly licensed by the State, that the work has been completed in accordance with this Section. A survey and two foot (2') topographical contour map shall be included to show the depth of the area from which material has been removed and/or in which it has been deposited and the slopes from which the material has been removed and/or City of Pdor Lake 706/p7 which it has been deposited connecting with adjoining land-~ Public Ways & Property 706.900: ENFORCEMENT AND ENFORCEMENT PENALTIES: In enforcing the provisions of this Section, the City Manager, Assistant City Manager, City Planner, Assistant City Planner, Building Inspector and City Engineer shall have the power to issue citations for violation of this Section in lieu of arrest or continued detention. In addition, any violation of this Section may be enjoined by the City Council through proper legal channels. Any person, firm, partnership or corporation who violates this Section shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine not to exceed seven hundred dollars ($700.00) or by imprisonment for a term not to exceed ninety (90) days, or both, for each offense. Each day a violation is permitted toexist shall constitute a separate offense. (This Space Intentionally Blank For Future Amendments.) City of Prior Lake 706/p8