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01-26-26 Planning Commission Meeting
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01-26-26 Planning Commission Meeting
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18 <br />LA515\1\1066805.v2 <br />SECTION 13. The City Council of the City of Lake Elmo hereby ordains that Title 105, <br />Section 105.08.060 of the City’s Code of Ordinances is amended as follows (proposed language <br />is underlined, deleted language is shown with strikethrough): <br />105.08.060 Excavation And Grading Permits <br />1. Permit required. No person shall undertake, authorize, or permit any of the following <br />actions without first having obtained a grading and excavating permit from the city: <br />1. Any excavating, grading, filling, or other changes in the earth's topography <br />resulting in the movement of more than 50 cubic yards of material, except in any <br />designated wetlands, floodplain, or shoreland district; <br />2. Any excavating, grading, filling, or other changes in the earth's topography in any <br />designated wetlands, floodplain, or shoreland district for construction projects, <br />development, or subdivisions; <br />3. Any excavation of gravel or other materials for the purpose of creating wetlands, <br />berming, other natural features, and landscape amenities; or <br />4. Any changing of a natural drainageway or drainage pattern that results in increasing <br />or intensifying the flow of surface water upon adjacent property. <br />2. Exceptions. Notwithstanding the above, no grading or excavation permit shall be required <br />for the following activities except as required by state building code: <br />1. Earthwork undertaken in accordance with grading plans approved in conjunction <br />with a site and building plan review or plat approval; <br />2. Earthwork which will result in moving less than 50 cubic yards of material, <br />provided the work does not take place in any designated wetlands, floodplain, or <br />shoreland district and does not affect local drainage patterns; or <br />3. Public improvement projects. <br />3. Plan approval required. No grading or excavation permit shall be issued for site grading <br />or excavation without approved plans for site development and adequate provision for site <br />protection from wind or water erosion. See LEC 105.04.750 for stormwater and erosion <br />and sediment control requirements. <br />4. Changes to earth's topography prohibited without permit. No person shall undertake, <br />authorize, or permit any excavating, grading, filling, or other change in the earth's <br />topography which violates or is not in compliance with a grading or excavating permit <br />issued by the city, including the approved plans and all terms and conditions of the permit. <br />5. Public hearing. All grading and excavating applications, for the purpose of creating <br />wetlands, berming, landscape amenities, and other natural features that result in the moving <br />of more than 400 cubic yards of material per acre of site area shall require a public hearing. <br />To the extent possible, grading permit review will be combined with other planning permits <br />reviews. <br />6. Review of grading permits. Applications for a grading or excavation permit that require <br />either an administrative review or approval by the city council following a public hearing, <br />shall be made to the city planner on forms provided by the city. The application shall be <br />accompanied by the fee set forth from time to time by resolution of the city council. <br />7. Submission requirements. All grading and excavation permit applications shall be <br />accompanied by the following information: <br />1. The legal description of the property;
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