04/28/2010 Env Bd Packet - Laserfiche WebLink

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DRAFT 4 -28 -2010 (6) Variance Requests - The City may grant a variance on a case -by -case basis. The content • of a variance is specified in Section 2, Subdivision 4 of the Lino Lakes City Code. X.12 FINANCIAL PROCEDURES AND ENFORCEMENT ACTIONS (1) Financial Securities - The applicant shall provide security for the performance of the work described and delineated on the approved permit and related remedial work in the amount established in the City's fee schedule. (2) Proportional Reduction of the Financial Security - When more than one -third of the applicant's maximum exposed soil area achieves final stabilization, the City can reduce the total required amount of the financial security by one - third. When more than two - thirds of the applicant's maximum exposed soil area achieves final stabilization, the City can reduce the total required amount of the financial security to two - thirds of the initial amount. This reduction in financial security will be determined the City staff. (3) Action Against the Financial Security - The City may access the financial security for remediation actions if any of the conditions listed below exist. The City shall use the security to finance remedial work undertaken by the City, or a private contractor under contract to the City, to reimburse the City for all direct costs incurred in the process of remedial work including, but not limited to, staff time and attorney's fees. • (a) Abandonment - The developer ceases land disturbing activities and /or filling and abandons the work site prior to completion of the grading plan. • (b) Failure to Implement the SWPPP, Storm Water Plan, or Erosion and Sediment Control Plan - The developer fails to conform to the Storm Water Plan, Erosion and Sediment Control Plan and /or the SWPPP as approved by the City. (c) Failure to Perform - The techniques utilized under the SWPPP fail within one year of installation. (d) Failure to Reimburse City - The developer fails to reimburse the City for corrective action. (4) Returning the Financial Security - The security deposited with the community for faithful performance of the SWPPP or the ESC Plan and any related remedial work shall be released one full year after the completion of the installation of all storm water pollution control measures as shown on the SWPPP or ESC Plan. (5) Emergency Action - If circumstances exist such that noncompliance with this ordinance poses an immediate danger to the public health, safety, and welfare, as determined by the community, the community may take emergency preventative action. The community shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the community may be recovered from the applicant's financial security. 21