Agenda Packets - 2008/11/08 - Laserfiche WebLink

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Ordinance 804 Report Nov 10, 2008 Page 2 The ordinance is structured into the following sections. • Findings of Fact • Purpose • Definitions • General Conformance • Conformance with Other Laws • Land Disturbance Permit • Submittal Requirements • Permit Review and Approval Process • Enforcement Actions • Penalties The proposed ordinance requires anyone causing one or more acres of land disturbing activity to submit a Land Disturbance Permit application, financial security, and Land Disturbance Plan to the City for review and approval. The minimum standards for submittal are outlined in the proposed ordinance and also in a separate proposed policy document titled “City of Mounds View Land Disturbance and Implementation Requirements Plan”. Requirements within the policy document are consistent with existing MPCA requirements and do not provide additional restrictions on construction projects which are not already required under the MPCA permitting process. The proposed policy document is also included with this Staff Report. The intent would be that as time goes on and permit requirements are modified, the policy document can be updated without the need to revise and update the ordinance. Policy updates could be done administratively for minor issues, or through formal Council action for more significant modifications. Review of Land Disturbance Permit submittal material will be conducted administratively. However, provisions in the ordinance allow review and approval by City Council for subdivisions or projects over 5 acres in size. City Staff assumes most submittals will be handled administratively. The MPCA requires the City to adopt appropriate enforcement procedures and penalties for noncompliance. The proposed ordinance outlines the inspection and enforcement procedures to be conducted by the City inspector and lists penalties for noncompliance available to the City to bring the site into compliance. Penalties range from fines for minor violations to revocation of the permit or the ability for the City to obtain the funds from the security and administer completion of the work for major violations.