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HomeMy WebLinkAbout84-004x s , ` CITY OF PRIOR LAKE r^�a " ORDINANCE NO 4 -A AN ORDINANCE REGULATUNG THE EXCAVAT1,0 AND FILLING IN'',WATER- ; COURSES, WETLANDS AND UPLANDS IN THE CITY OF PRIOR LAI{E WITHOUT FIRST OBTAINING A PERMIT THEREOF, PROVIDING FOR THE h,SSUANCE OF 4. PERMITS, AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE a THE COUNCIL OF THE CI'T'Y OF PRIOR LAKE ORDAINS: SECTION 1. SHORT TITLE. This ordinance shall be known as the "Excavating and Filling Ordinance of the City of Prior Lake ". t " SECTION 2 . DEFINITIONS,. For the purpose: of this ordinance, the following terms, t phrases, words shall have the meaning given herein: (a) Material - shall { include soil, sand,. gravel, clay, bog, mud, concrete bricks and tree stumps..; i (b) Upland - all that land or area above.the high water mark from a,100 year storm as defined by the' City of Prior Lake: Storm -Water Management Plan dated 6 February`, 1979, revised. 16 July, 1981, and',any subsequent revisions or ;+amendments thereto, on f ile. at the offices of the City of Prior Lake.. (c) Watercourses—- any waterway or -oth.er body of fresh € or� brackish water including but'not limited to bays, rivers, j ' cYeeks, riv lakes, ponds,i•holding water areas and streams as designated and set forth on the City; of ,Prior Lake Overall i Ptorm Water Management Plan dated 6 February, 1979., revised 16 July, 1981, and any subsequent revision's or amendments there- to, on file At offices' of the City of Prior Lake. a ('d) Wetlands - hands generally covered or intermittently`, covered with water to a depth .of six feet or less with fresh,.3 or brackish water, marshes, swamps, and bogs as set _forth and ; designated:on the City of Prior Lake Overall Storm -Water Manage- ment : Plan dated 6 February, .1979, revised 16 July, 1981, and.4ny ; subsequent revisions or amendments thereto, on file at the O ffices o the City o P rio r Lake.. (e) Operationi) With respect to uplands, operation shall mean the:', ; removal or deposition operations nr, a combination of both f F _ l i r exceeding either the greater of five hundred (500),,square 17 feet of surface area or a volume of fifty (50) cubic yards. t (ii) With respect to excavating,and ng water- i courses and wetlands as designated on the City of'PriorLake Overall Storm,- Water'Management'Plan, operation shall mean the removal or deposition operations or a combination of j both without respect to a minimum area or volume. (f) Person- any person, firm, partnership, associat.ion_, y corporation., company, organization or legal entity of any kind including municipal corporation or gov6- nmental agencies or sub- F division thereof. (g) Remove - shall include dig, dredge, suck excavate, and bulldoze'. Fi SECTION 3 PERMIT" REQUIRED Any person:who sha'll an operation iz'the City of Prior "Lake` °incl <mineral extraction, depositing of materials,, or - e.,xcavatian of any materials on any upland, water- course or wetland,'as' defined herein, shall'.first make an:applica- tion and obtain a permit froir the City Engineer as hereinafter provided.' .Any removal or deposition operation., for the purpose'' o£ an immediately pending - superstructure for upland areas only and for which a building permit has been obtained from the City ;of. Prior Lake shall be exempt from this ,title. SECTION 4. APPLICATION.PROCEDUR.E ,t} A permit may be issued upon the written verified application ofrtT�e person proposing to remove or causethe removal or.,pro- 4,. posiiig to,'.deposit or cause ' o material Sai application shall contain the following information: Al '> (a) 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, ^I the consent of the 'owner of the property, duly acknowledged,; must be attached to the application. (b) The ur ose for the p p proposed excavating or .filling,. or deposition. ' i (c) A map or plat of the proposed filling or excavation showing the location and amount of material proposed to be removed or deposited,, with a description of the area from which removal Or in' which deposition is proposed, -2 ri i (d) 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 (2) foot contour map at a scale 'o ,'` one (1) inch equals fifty (50) feet or larger. The original and proposed contours shall be shown including all property within one hundred fifty (150) feet of the proposed excavation or depo- sition and shall be signed by an engip:zr or surveyor registered in the State of Minnesota. (e) The manner in which ;the material will be removed and /or deposited. (f) The estimated tire when the excavation- or filling will begin and be completed. (g) 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 carrised. (h) The street, avenue, lane, alley, highway; .right of 1 way, thoroughfare•or public ground of the City whic4 shall.be obstructed. (i) The shall address 'erosion, turf establishment - . J r and the effect on the City of Prior Lake Overall Storm. -Water Management Plan.. �s= IT' SHALL BE THE RESPONSIBILITY AND' THE BURDEN' ; OF THE APPLI_. '„ CANT''TQ "DEMONSTRATE TO THE.SATISFACTION OF THE CITY <ENGINEER FOR THE CITY OF PRIOR LAKE THAT THE PROPOSED EXCAVATION AND /OR FILLING COMPLIES WITH THE OVERALL OF PRIOR LAKE STORM WATER MTNAGEMENT,PLAN. SAID BURDEN SHALL INCLUDE THE FURNISHING OF A- :DEPORT WITH SUPPORTING CALCULATIONS OF A REGISTERED PROFESSIONAL ENGINEER. SECTION 5. PREFREQUISITES 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 of said permit, or the owner or user of,the property on which the excavation or filling is located, "to: .:(a) ' Comply ,- with, the "City of Prior Lake Storm7Water M,anage- ment'Plan as revised July 16 1981, and any subsequent revisions or amendments thereto, on file in the offices of the City,of, Prior Lake. (b), Require that the setback of the proposed excavation or'fill'ing. site be at least fifty (50) feet from the hundred year storm water elevation level which is defined in the City of Prior Lake Storm - Water Management, Plan as "an event which has a one percent (1 %) statistical probability of occurring in any given, year. I I 1 f , (c) City Engineer may require that -the lowest living build- ing elevation' level be placed at an elevation consistent with the City of Prior Lake Overall-Storm -Water Management Plan, i.e. - three (3) feet'above the hundred year storm water elevation level. (d) ;Roads and parking areas: Roads, and parking areas shall be located, to retard the runoff of surface waters and nutrients h and, where feasible and practical, all roads and parking areas a, shall meet the setback requirements established for structures in Section 5 of this Ordinance. (e) Elevation of lowest floor (,i) Structures shall be-placed at an elevation eon - Sist with the City`svFlood M anagement Ordinance. y ' ''(ii) In areas not regulated by Flood Plain Management , Ordinance the elevation to which the lowest floor, including basements , shall be placed 'sha] Y,e determined as follows: { (A) For lakes < , , ,: and .flowages by (a ) an elevation of available flood information and consistent hi with Statewide Standards and Criteria for Management of Flood Plain Areas� Minnesota or (b) placing 'the lowest at a level at least three (5) feet above the highest known water,level. In those instances where sufficient .data on known high water 'levels are not available, the water mark shall be used. d } (B)` For rivers and streams' by 'an evaluation o available flood information and consistent with State- < wide Standards and Criteria`for Nianagement of Flood, Plain Are'ds.o# Minnesota.: ° u 1 �,< (f. ? . , No land shall. be subelvided which "Ys • hd d unsuitab.�a 1 by the City for the proposed use because of flooding, inadequate drainage, soil and rockr�formatipns with severe limitations for., development, severe erosion,, potential, unfavorable topography;: ' inad'equato. water supply,or sewerage treatment capabilities,; being, not in compliance wlttk Xthe Overall City of Prior Lake Stbrm- Water. ; °t, { Iwlanagement Plan as revised July 16; 1981, and `any subsequent • re'visions and amendments thereto or any bother feature likely to , ' v be harmful ta' the health, safety or welfare of future residents ' . of the proposed subdivision or of the community.,- ' '(g) City Engineer may require that any excavation or" °Filling within the limits for which the particular-permit is granted , b e nmAihtajined. (h) ' Applicant ,shall contact the Prior Lake - Spring Lake Watershed District, State Department of Natural Resources, and the U. S. Army Corps of Engineers for any necessary approval -4- , r „ t e �� r, z cKi4�!* -":' dim, ..:...Y;;w+ulvae..•..,...• - -,. _ .., . - .. . - , ,� 4q by any of these agencies 'before A'ssuing the permit or fore :a modi -u fication of the issued permit foi^ filling or excavating, and applicant shall warrant to the City Engineer that he has made the necessary contacts (i) Applicant shall contact,and notify all utilities of the E applicant's intent to deposit 'or ;,excavate in sufficient time for'': 'said utility to locate its underground facilities if any, how- ever, the applicant, upon application for the permit, shall warrant to the City Engineer that he has notified all affected ^ utilities. (j) May require, erection of a suitable fence, guard { or barricade about the' place of such excavation or tilling. The permittee shall have.1his name plainly and legibly ,printed upon or attached upon such barricade,- 'rail'inq or other warning device. (k) Upon completion of the-purposes of'sucki excavation,, or' killing, or when so ordered by" the City Engineer, the permtt�- tale without; ,delay shall restore the site so that .,i.t; shall be in as good`a condition as that at the time of issuance of said permit (l) { The, City; Engineer may supervise and re ulate the ,excalca- Y I? 9 E tiori or filling to the 'aatisfaction of the City Engineer -, insofar ' as excavation" or filling',procedures,'.size, banners,' warning lights " or barricades are concerned in, and necessary for such excavation "r or fi.11dn`g� , and the permittee shall, in every particular,. comply «- with the "rules and regulations on file' in the office of , the City , Engineer. ; � SECTTO N 6. 'SECURITY 'REQUIREMENTS All applications for peAUts for filling or excavations " poder this chapter shall : ,be made ' ip writing and accompanied by the,follow.ing: ia) h fees as s e t ,forth in ,,the rules" and regulations it.uc promulgated by,the City Council,.. which rules and regulations' should ,be,ti,on file in the office of the City Ezlg racer; '(b), Such bond, irrevocable letter of cried't,, or deposit of monies in a sum ito be determined by, thef City Manager „or the City Council , Said bond skt AAA "be issued by a. surety compay uk " a thorizfd to do business,'i'A the State of Miftne':s,ota which''' shall provide sufficient surety runnin to the, c p s p y g , y, .conditioned to pay the s' City',ithe: costs of resto-r>ng a site of falling or'excavating, the exftrordi nar, y costs anal, expenses of repairing, •hi•ghways , "ignated street . or other public, along des; routes „''cif travel caused'' by the ,special - ,burden resulting from hauling :diid, travel _ in the removal' or deposition of, ma'terials' and to,, pay such„ expense as tl,6” City may incur by reason 'af doing anything required to - 1� .. .Y i .- - l P .. 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. (c) 4 public liability insurance policy in which the City is named as a 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. (d) For applicants who will) doing more than one project in the City, a certificate of' insurance may be left on file with the City Clerk without filing; 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 irx 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 tte City Council. (e) 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_ or 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 ordinance. Any filling or excavating in violation of this chapter shall be evidence of negligence in any action by any person thereafter injured or damages incurred ter the person or property thereby, (f) 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 chapter,, after notice given to the appli- leant andlot- owner, order that the applicant or owner promptly , and withri reasonable time comply with the requirements of said order and.' }proceed to cause compliance as specified in the or and, if such applicant or owner does not, promptly and within reasonable time,, comply with the requirements of said order, pr:.oceet�:;ta cause the required. work to be accomplished, the cost` ` of whil:h work shall be assessed against the property whereon such excavation r filling is situated; or the City may, at its option,'',.,proceed to collect such costs by an action against tare persoix. "t,o "whom such permit has been issued, and his sureties or security if such bond, irrevocable letter of credit, or monies` or security exists. SECTION 7 NUISAN PROHIBITED Each narmi t �Gt7Pf� ha rAttt�rinr i c i cc5io. -i •.r... ....,.ice -0... 7 t I 3 s t e i r ( ; i t 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 neighbor- hood, 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 Prior Lake Overall Storm - Water Management Plan. The City Manager may cancel any permit issued hereunder when the same is deemed a nuisance, or x may deny the permit if it is deemed a nuisance. SECTION 8 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 ordi- nance. A survey,and two (2) foot topographical contour map shall be includedto show the`de th 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 which it has been deposited connecting with adjoining lands. " SECTION 9. VIOLATION, PENAL Any person who shall violate any of the provisions of this ' chapter shall be guilty of a misdemeanor and shall be punished by -a fine not to exceed Five Kundred Dollars ($500.0.0) or imprisonment the City or County jail for a period of not more than ninety (90) days or by 'both such fine and imprisonment. A separate offense shall be deemed committed for each day the violation continues or occurs ". ` ,j SECTION 10.: The provisions of this. chapter are intended to preserve all waterdourses and wetlands consistent ws.th the provisions of the P'r'ior Lake Overall Storm- Water Management Plan as revised .July` 16, 1981, and any subsequent revisions or amendments there - "' to, the Prior Lake zoning ordinances, the Prior Lake subdivision ordinalaccs, the Prior Lake building ordinances, and the ordinance for the management of shorel;and areas of the City,of Prior Lake, SECTION 11. ENFORCE AND ABATEMENT ,; 4 Any' excavating, removal, filling or deposition in violation of the requirementF5 of this ordinance may be restrained, enjoined, and abated by any ,appropriate remedy in any court of competent juri's'diction.