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Home My WebLink About9B - Weed Control / Landscaping 16200 Eagle Creek Avenue S,E, Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: INTRODUCTION: DISCUSSION: CITY COUNCIL REPORT JULY 19, 2004 9B JANE KANSIER, PLANNING DIRECTOR CONSIDER A REPORT CONCERNING TOPSOIL REQUIREMENTS, LANDSCAPING, SODDING, WEED CONTROL, EROSION CONTROL AND DRAINAGE ISSUES ON NEW LOTS On June 21, 2004, the City Council considered the final plat for Sterling South 2nd Addition, At that time, there were some questions posed about erosion control and drainage on the lots within the existing subdivision, These questions led to a larger discussion about the development of existing lots, including topsoil, landscaping, erosion control and drainage, and weed control. The Council directed staff to report on these issues, The purpose of this agenda report is to provide the City Council with some background on these issues, Topsoil Reauirements: Section 1005,1100 of the Subdivision Ordinance currently requires the following: 1005.1100. TOPSOIL AND SODDING. The builder shall spread a minimum of four inches (4'~ of topsoil over the boulevard, front and side yards, All boulevard, front and side yard areas shall be sodded except those areas that are landscaped. Such topsoil and sodding shall be installed by the builder prior to the issuance of a certificate of occupancy, The purpose of the topsoil requirement is to aid in the landscaping on the site and also to help conserve water. The reality is that the topsoil on every site is different, so the effectiveness of this provision is questionable because the staff does not inspect the depth or quality of the topsoil installed. If a more aggressive topsoil requirement were adopted, new black dirt would have to be brought in for each building lot, and the native topsoil hauled away, This could increase the cost of the new homes by up to $2,000. This amount would be even greater if more topsoil, i.e, 6" rather than 4", is www.cityofpriorlake.com 1:\04 files\04 subjectlerosion rePDJl'fiE,fll!'<lJ!J11''ll47,4230 / Fax 952,447.4245 Page 1 required, In addition, we are not currently staffed to manage the additional inspections this would require, Theoretically, the placement of topsoil will help to conserve water. However, this depends on the type of topsoil used on the site and, most important, on the watering habits of the property owners, Most new homes in Prior Lake include a landscape sprinkling system, which can discourage rather than encourage water conservation, Landscaoina and Sod: The Subdivision Ordinance also requires each new single family dwelling to install sod and at least 2 front yard trees. The City collects a $1,500,00 builders deposit with each permit in order to assure satisfaction of these provisions, The City will not issue a permanent certificate of occupancy, or release the builder's deposit until these items are complete. The placement of landscaping and sod is very dependent on the weather and the season of the year, In essence, the City will issue temporary certificates of occupancy, with the condition that the landscaping and sod be completed on the following schedule: Landsca e & Sod Deadline October 15 November 15 Au ust 15 While we do our best to keep track of open permits, the amount of construction activity limits staff's ability to follow-up on these issues. At present, we have 1,918 open permits. Most often, follow-up inspections take place when a homeowner requests the return of the builder's deposit. Erosion Control: Erosion problems can occur in any developing community, Up until a few years ago, erosion control was the responsibility of the individual builders, We have since evolved our strategy so the developer is responsible for the overall erosion control of a new subdivision. This includes the placement of silt fence, street cleaning and the like, These responsibilities are listed in the development contract and the developer is responsible until the City accepts all of the public improvements and releases the contract and the letter of credit. This strategy seems to be working, Complaints are most often made as a development nears completion, and the first homeowners in the area become frustrated with the construction activity, 1:\04 files\04 subject\erosion report\cc report.doc Page 2 Drainaae: Drainage issues usually become apparent after the lots have been graded, sodded, or rains has compacted the soil to a final grade, or as the second generation of owners make changes to lot grading, This is another area in which our approach has evolved over the last few years, In order to try to prevent drainage issues, we now require as. built grading plans as part of the development contract. The developer must also identify the types of houses to be located on each lot (I.e, walkouts, lookouts, etc,), Any change to the grading or house style at the building permit stage must be approved by the Engineering staff before any permit will be issued, This strategy also seems to be effective, Many of the problems we encounter are a result of changes made by the builders or the property owners after the City has completed its inspections, Weed Control: City Code provides that vegetation in excess 12" must be cut. State Statutes also identifies about one dozen species as noxious weeds. Staff members in the Public Works Department are responsible for weed inspections, The inspections are conducted on a complaint basis. The staff sometimes receives complaints about weeds on undeveloped parcels of land, These parcels may be agricultural, or they might be in transition between agricultural and developed, An example is some of the platted, but undeveloped land in The Wilds. The question is whether or not these larger parcels should be held to the same standards as parcels adjacent to built-out areas. The existing City Code provides that properties meeting certain criteria can be declared natural preserves by the Council and by doing so become exempt form mowing. The Council could decide to allow the staff to make the natural preserve determinations to speed up the process. Another option might be to amend the City Code to exempt parcelS of land that are greater than 1 acre and do not abut a lot with an existing building from the weed provisions, This would address portions of subdivisions which are awaiting development. ISSUES: In the most recent complaints the City Council has received, the issues are primarily a result of work that occurred after the City had completed inspections and signed off on the project. The homeowner's association is responsible for fixing the problems, 1:\04 files\04 subject\erosion report\cc report.doc Page 3 More generally, the staff deals with these issues every day. Because we are a growing community, there is a lot of construction activity, which, as we all know, is noisy and messy, We try to deal with these problems in the following ways: 1, Identify the specific issues with each complaint, and then work with the developers, builders and property owners to solve the problem. 2, When necessary, utilize the tools for enforcement of the ordinance, This may include completing the work and drawing down a letter of credit or spending the builder's deposit to reimburse the City for the cost of this work, 3. Continue to evolve our strategies for dealing with these issues, This may mean changing policies or even ordinances so we have fewer issues and problems. ALTERNATIVES: As the City continues to grow, we will continue to face these challenges. The staff has identified a few, long-term strategies the City Council may wish to consider in the future, 1, Reauire as-built certificates of surveys orior to aooroyal of a foundation insoection. This will help to identify issues on the lot, such as improper grading, setback problems and so forth, This will help to minimize future problems and allow a builder to fix existing problems or mistakes before they are too far along in the construction process, It will also provide a survey for future building permits in many cases, The downside of this action is that it will be an additional cost to the builders and homeowners. 2. Take a more aaaressiye aooroach to enforcement and utilize the existina builder's deoosit. Under this approach, when the City receives a complaint or notices a problem, we would provide the builder or developer with a violation notice and allow a relatively short period of time to correct the problem. If it is not corrected, the City will contract to have the problem fixed and draw on the builder's deposit to reimburse the cost of the work, The builder or developer must then replenish this deposit before commencing any additional work related to that permit. 3, Review staffina needs. As the City grows, and especially as the orderly annexation is developed, we need to review our staffing needs to manage this development. This may include the need for additional inspectors, permit reviewers, and support staff to aid in the follow-up 1:\04 files\04 subject\eroslon reportlcc report.doc Page 4 inspections, This will require that we establish priorities in dealing with the different types of issues and needs that will inevitably occur with growth, CONCLUSION: The staff is requesting Council direction on these matters, in order that changes can be considered for the 2005 general fund budget. REVIEWED BY: 1:104 filesl04 subject\erosion reportlcc report. doc Page 5