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HomeMy WebLinkAbout1977-066 Council Ordinances/'1 ORDINANCE NO. 66 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA 9 AN ORDINANCE RELATIVE TO CONSTRUCTION ON RESTRICTIVE SOILS. The City Council of the City of Llno Lakes, Anoka County, Minnesota ordains: 66.1 Legisaltive Findings and Purpose. a. The City of Lino Lakes finds that areas within the City of Lino Lakes are characterized by certain soil types, slopes, and water levels which, without proper corrective action, are unsuitable for development, inappropriate development in these areas increases soil erosion and sedimentation, the in- troduction of toxic materials into ground water, encourages pollution, destroys ecological and natural resources, and requires expenditures of public funds to correct deficiencies; thereby acting to the detriment of the health, safety, and welfare of the citizens of the City of Lino Lakes, Therefore, the purposes of this Ordinance, are: b. To provide for the regulation of development on restrictive soils in such a way as to minimize the risk of environemntal damage and to protect private homeowners and governmental units from incurring high maintenance and capital costs resulting from the necessity to correct deficiencies encountered as a result of development on poorly suited soils. 66.2 District Boundaries This Ordinance shall apply to restrictive soils types as described and �efined in Appendix A herein, and which soils destricts are as a guideline, specifically delineated on the official Soil Resource Goude of the City of Lino Lakes prepared by the Anoka Soil and Water Conservation District. For purposes of determining the application of this Ordinance to any particular parcel of land, said Soil Reslurce Guide shall be on file in the office of the City Clerk -Treasurer and shall be available for inspection and copying during regular office hours of such Clerk -Treasurer; however, a reasonable fee for copies made by the Clerk -Treasurer shall be charged, which fee shall be set by the Council by Resolution from time to time. 66.3 Definitions a. Development - the construction, installation or alteration of any structure, the extraction, clearing or other alternation of terrestrial or aquatic veretation, land or the course current or cross section of any water body or water course or the division of land into two or more parcels. b. Dimensional Requirement - minimum and meximum setbacks, yard require- ments or structure height or size restrictions established in zoning ordinance No. 56, and any amendments thereto. c. Person - any individual, firm, corporation, partnership, association or other private or governmental entity. d. Structure - anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures. e. Very Wet Soils - soils located where the water table_is permanently or seasonably three feet or less from the ground surface, including those listed at I.A in Appendix A hereof. f. Wet Soils - soils located where the water table is permanently or seasonably three to five feet from the ground surface including those listed at II.A in Appendix A hereof. g. Soils With Very Slow Permeability - soils which have a permeability rate below 120 minutes per inch, including those listed at I.B in Appendix A hereof. h. Soils With „.,..�ate between 60 and >pendix A hereof. Slow Permeability - soils which have a permeability 120 minutes per inch including those listed at II.B in i. Soils With High Shrink Swell Potential - soils which are susceptible to changes in physical volume. -when moistened including those soils listed at I.0 in Appendix A hereof. j. Soils With High Frost Action Potential - soils to changes in volume during periods of frost including I.D in Appendix A hereof. k. Very Steep Slopes - slopes of over 18% including in Anoka County Soil Survey Slope Classes D,E,F, Steep Slopes - slopes between 12 and 18% in County Soil Sruvey Slope Class C. m. Soils With High Side Seepage Potential including those soils listed at II.D in Appendix A hereof. 1. Anoka 66.4 Restrictive Soils Permit which are susceptible those soils listed at all soils grouped including all soils grouped - soils of the fragipan nature a. Except as hereinafter provided in this Ordinance, no person shall perform any development in a Very Severe Limitation Soils District without first having obtained a RESTRICTIVE SOILS PERMIT (hereinafter called permit) from the City of Lino Lakes. b. Any person intending to perform any development in a Marginal Limitation Soils District shall be advised of this problem at the time that the person applies for a Building Permit. A stamp indicating the potential soils problem will be attached to the building permit as a warning to and agreement by the land owner. c. The person performing the development shall present soil borings, Percolation test, and depth to water table determination by a professional engineer, registered in the State of Minnesota and knowledgeable in soils and soil mechanics for review and recommendation of special provisions to overcome soil limitations. Any other qualified person or firm knowledgeable with State of Mennesota, Department of Health codes and/or regulations regarding percolation data and depth of water table may perform such tests. Such Engineer or person or firm so qualified shall prepare his or its findings and recommendations in writing, which shall be subnitted by the applicant to the City Clerk -Treasurer. The provisions of this subsection shall apply to both subsections a. and b. above. The results of the tests required by this sub- section shall be recorded upon forms to be approved by the City Council, which forms shall by supplied by the City Clerk -Treasurer and when completed such forms shall be filed with the City Clerk -Treasurer. 66.5 Exceptions The permit requirements established by this Ordinance shall not apply to: 1. Emergency work necessary to preserve life or property. When emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the engineer (or City Building Inspector) prior to the commencement of the work. The City Engineer or City Building Inspector shall review the facts and determine whether or not an emergency exists and shall, by written memorandum, authorize the commencement of the emergency exception. The person commencing emergency work shall, with - ,,'~a ten days following the commencement of that activity, apply for the issuance c a restrictive soils development permit and on the issuance thereof may be required to perform such work as is determined to be reasonably necessary to fulfill the purposes of this Ordinance. 2. Development consisting of the corrective alteration, repair or maintenance of any lawful use of land existing on the date of adoption of this Ordinance. 66.6 Application por and Processing of Permit '-"N a. A separate application for a permit shall be made to the City of Lino akes for each development for which a permit is required except that only one application need be made for two or more such acts which are to be done contemporaneously. on the same parcel. The application shall include a map of the site and delineation of the soils found in the site along with a plan and cost estimate of the proposed development and such other engineering data surveys and other information and material as the City may require in order to determine the effects of such development on the affected land and the suitability of the soils for said development. When proposed development includes construction or alterations of structures, two sets of plans and specifications for such work shall be submitted with the application along with detailed drawings of any special foundation structures and/or special provisions for onsite sewage disposal b. The permit application shall be processed in accordance with the procedures sepcified for the processing of conditional or special use permits as set forth in Section 5.04 or Ordinance No. 56 of the City of Lino Lakes, and the permit may be processed at the same time and in connection with an application for a building permit or any other required permit to be granted by ordinance of the City of Lino Lakes District Zoning Code, Ordinance No. 56. 66.7 Permit Standards. a. No permit shall be issued unless the City of Lino Lakes finds and determines that the propsoed development complies with the following require- ments: /'1, 1. No on -site sewage disposal systems shall be permitted on very wet Jils, soils with very slow permeability unless the permit applicant proves that a conventional soil system will be sucessfully modified, installed and maintained such that the restrictive conditions will be overcome. 2. No commercial or industrial development shall be permitted on very steep slopes. 3. No residential development shall be permitted on very wet souls, soils with high shrink -swell or frost potential or very steep slope unless the applicant proves the construction techniques capable of overcoming the restrictive condition will be utilized. 4. Industrial uses requiring the bulk storage of chemicals will not be allowed on very wet soils. b. The certification of plans and specifications as adequate to overcome the restrictive condition(s) by a professional engineer, registered in the State of Minnesota and experienced and knowledgeable in soils and soils mechanics, shall be required as evidence with regard to the City of Lino Lakes and the applicant's meeting of requirements a.1 and a.3 above. 66.8 Special Conditions A permit may be approved subject to compliance with reasonable conditions which are specifically set forth in the permit and are necessary to insure com- pliance with the requirements contained in this Ordinance. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of other structures, including special foundations and soil stabilization structures, establish required monitoring �rcedures, require such alterations of the site as may be necessary, require the provision of a performance. bond, and/or require the conveyance to the City of Lino Lakes or other public entity of certain lands or interest therein. The dimensional and area requirements of the underlying restrictive soils types and soil district(s) may be modified in furtherance of the pur- poses of this Ordinance. 0,46.9 Time of Permit - Extensions; Renewals All timing, extensions and renewals are to be consistant with the building permit precedures. 66.10 Responsibility ; Effect a. Responsibility. Netiher the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this Ordinance shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability on the City of Lino Lakes 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 for complying with any other requirements established by law, ordinance or regulation. b. Penalty. Any person who violates the provisions of this Ordinance shall be subject to such penalty as is authorized by Section 9 of Ordinance No. 56 of the City of Lino Lakes. c. Severability. If any part of this Ordinance is held to be uncon- stitutional or otherwise illegal, the remainder of this Ordinance shall be deemed and held to be valid and remain in force and effect as if such portion had not been included herein. If this Ordinance or any provision herein is held to be inapplicable to any person, property or work, such holding shall not affect the applicability hereof to any other person's property or work. d. Variance. The City Council may authorize in specific cases, follow- ig appeal and hearing, a variance from the provisions of this Ordinance would ,_esult in a substantial inequitable herdship to an applicant property owner. In assessing hardship, the City Council shall balance the severity of the physical, social and economic effects of the literal application against the interests of the City of Lino Lakes in effecting the purposes of this Ordinance as expressed above. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of this Ordinance. No variance may be granted which would allow any use that is prohibited in the zoning district in which the subject property is located. A Variance shall be granted in writing accompanied by specific findings of fact as to the necessity for the granting of the variance and its specific provisions. 66.11 APPENDIX A. The following data, descriptions and definitions shall be known as "APPENDIX A" of this Ordinance. /'1 Soils With Very Severe Limitations A. Very Wet Soils 1964 1971 Photo Photo Base Base Name 20 Af Mixed Alluvial Land Freq. flooded 53 Mc Marsh 75 Lg Loamy wetland 540 Se Seeleyville muck 541 Rf Rifle mucky peat 543 Ma Markey muck 544 Cb Cathro muck 545 Ru Rondeau muck 551 Mk Millerville mucky peat 161 Iw Isanti fine sandy loam B. Very Slow Permeability 551 Mk Millerville mucky peat C. Soils With High Shrink -Swell Potential 540 Se Seeleyville muck 541 Rf Rifle mucky peat 545 Ru Rondeau muck 551 Mk Millerville mucky peat D. Soils With High Frost Action Potential 53 Mc Marsh 540 Se Seeleyville muck 541 Mk Millerville mucky peat 543 Ma Markey muck 545 Ru Rondeau muck 551 Mk Millerville mucky peat E. Very Steep Slopes - All soils grouped in the Anoka County Soil Survey in the slope classes D,E, and F. II. Soils with Marginal Limitations A. Wet Soils 1972 1975 Class- Class- ification ification Name 85 Lb Lake beach 113 Wb Webster loam 114 Gc Glencoe loam 123 Du Dundus loam 161H Kr Kratka loamy fine sand 162 Ln Lino loamy fine sand 170 Bm Blomford loamy fine sand 185 Lb Lake beaches loamy 224 No Nowem sandy loam B. Slow Permeability 113 Wb Webster loam 123 Du Dundus loam 152 Km Kingsley fine sandy loam C. Soils Wilth High Frost Action Potential 544 Cb Cathro muck D. Soils With High Side Seepage Potential 152 Km Kingsley fine sandy loam 170 Bm Blomford loamy sand 179 Lg Langola loamy sand E. Steep Slopes All soils grouped in the Anoka County Soil Survey in the Slope Class "C". 66.12 EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its adoption and publication as provided by lay. Passed by the City Council of the City of Lino Lakes, Anoka County, Minnesota this 8th day of August, 1977. /.;/L�) u na L. Sarner, Clerk -Treasurer William I. Bohjanen, Mayor