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HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-083CITY OF LAKE ELMO WASB INGTON COUNTY, MINNESOTA ORDINANCE 97-?1_7_5 AN ORDINANCE AMENDING SECTIONS 503.13 AND 505.13 SUBDIVISIONS 1, 2 AND 3, AND ADDING SECTIONS 505.13 SUBDIVISIONS 3 AND 4. Section 1. Amendment: Section 505.13, 505.13 Subd 1, Section 505.13 Subd. 2, and Section 505.13, Subd. 3 are hereby amended and shall read as follows; to wit: 505.13. Construction Site Erosion Control Subd. 1. Purpose and Intent The City finds that construction sites where natural ground vegetation has been disturbed by construction activities are sources of erosion of and the depositing of sediment on adjoining properties, public streets, and in surface water conveyance and retention facilities. This erosion and sedimentation defaces the public streets; damages adjacent properties; and, reduces the designed capacity of surface water conveyance and retention facilities. The City finds that it is in the interest of the General Public Welfare to establish standards and regulations regarding the grading of building sites; and, the installation of and continual maintenance by builders and home owners of erosion control measures on those building sites, until such time as natural vegetation has been re-established over the disturbed areas of the building site. The standards and regulations found in this Section are intended to provide the City with the means to permit individual site grading in keeping with approved subdivision plat grading plans; to insure retention of sedimentation within the building site peripheries until the point in time that re- established surface vegetation precludes such sedimentation; and; to remove sedimentation originating from the site from public streets. Subd. 2 Site Gradin A. Submission Requirements. All applications for a Building Permit shall include a plot or site plan detailing the proposed finished grades of the site at all building comers and all lot comers. All grades proposed shall be consistent with the approved grading plan for the subdivision in which the building site is located. B. As Built Grades Certification. No Certificate of Occupancy shall be issued by the City for any structure until the builder or the property owner have provided the City with a Certificate of a Registered Surveyor or Civil Engineer attesting to the "as built" grades of all building comers and site comers; and, said Certificate shows all such grades to be consistent with the plot or site plan attached to the building permit application. Subd. 3. Site Erosion Control A. Site Erosion Control Plan. The site or plat plan submitted with a building permit application shall provide the details of erosion control measures and devices to be installed on the site to preclude sediments from migrating into the public streets and on to adjacent property. The plan shall include trenched -in silt fence along all peripheries of site areas to be disturbed during construction, including, but not limited to, the entire public street frontage of the site, except a single site access drive not exceeding 30 feet in width, and not less than 30 feet in length. Said access drive shall be surfaced with 1.5 inch Clear material to a depth of 6 inches. B. Erosion Control Installation. All erosion control devices shall be installed on construction sites in accordance with the Erosion Control Plan and Best Management Practices prescribed by the Minnesota Pollution Control Agency prior to a footing inspection by the City. The Building Official shall not approve footings until erosion control is installed on the site in accordance with the Erosion Control Plan and Best Management Practices. C. Site Re -vegetation. All site vegetation shall be re-established within 6 months of the date of the Certificate of Occupancy- D. Erosion Control Maintenance. It is the responsibility of the builder or site owner to continuously maintain all erosion control devices on the site in compliance with the Erosion Control Plan, and maintain the condition of adjacent public streets, until such time as vegetative ground cover or impervious surface coverings are fully established on all areas of the site, as determined by the Building Official. The following procedures are hereby established to assure said compliance. 1. Escrow Deposit. An Erosion Control and Street Escrow Deposit in an amount that shall be established from time to time by resolution of the City Council, shall accompany all building permit applications. 2. City Inspections. The Building Official, or his designee, shall periodically inspect all construction sites to determine compliance with Erosion Control Plans, including the condition of any adjacent public roadways. 3. Non-compliance Notification. The builder and/or site owner shall be advised by the Building Official of any Erosion Control Plan non-compliance, or public streets requiring cleaning, by telephone, FAX, Email and/or in writing; and, the builder and/or site owner shall be notified that corrections to bring the site into compliance with the Erosion Control Plan, or removal of materials from public streets, shall be completed within 48 hours. No Building Code related inspections of sites in non-compliance with this section will be scheduled by the City. 4. Re -inspection. Construction sites found to be in non-compliance with the Erosion Control Plan or public streets found to contain materials originating from the site shall be re -inspected by the City, as soon as practicable, either upon notification by the builder or site owner that Erosion Control Plan compliance or street cleaning deficiencies have been corrected, or, upon expiration of the 48 hour correction period. 5. Re -inspection Fees. Site re-inspection(s) to determine compliance with this Section shall be at the expense of the site builder or owner, on an hourly portal-to-portal basis, at a rate established by the City Council. 6. City Remedy for Non-comyliance with Notice. If, upon re -inspection by the City, the site continues to be in non-compliance with the Erosion Control Plan or the public streets have not been cleaned, the Building Official may employ a contractor or contractors, to undertake erosion control corrections, including sweeping of the adjacent public streets, to bring the site into compliance with the Erosion Control Plan. All building permits issued by the City shall provide the City, and it's contractors, right of access, at all times, to correct erosion control non-compliance. 7. Financial Responsibility for City Remedy All contractor invoices to the City to correct site erosion control, or site re -inspection to verify erosion control compliance, shall be charged to the Erosion Control and Road Escrow Account of the site, including a fee to the City for processing equal to 10% of the any contractor(s) invoice for materials and services. Section 2. Amendment: Section 505.13, Subd.4 and Section 505.13, Subd. 5 are hereby added and shall read as follows; to wit: Subd. 4. Maintenance of Erosion Control and Road Escrow Account. The City Finance Director shall maintain accounting for all Erosion Control and Street Escrow Accounts. Should any individual Erosion Control and Street Escrow Account become reduced to less than the full amount of Escrow established by the City Council, the builder or site owner shall be invoiced by the City in an amount sufficient to bring the Erosion Control and Street Escrow Account to the full Escrow amount. At such time as the ownership of the site transfers in any manner, and, vegetative cover has not been sufficiently established on the site as determined by the Building Official, the responsibilities for compliance with the Erosion Control Plan and adjacent public streets shall transfer to any new owner of the site. The Erosion Control and Street Escrow Account shall be retained by the City unless replaced by new funds of an equal amount. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest: Mary K effn ity Clerl strator i Published in the tillwater Gazette on the _,J�Z day of , 2001.