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Home My WebLink About2023-07 CCOCITY OF BROOKLYN CENTER Please take notice that the City Council of the City of Brooklyn Center will hold a public healing on Monday, September 11, 2023, at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. Said public hearing will include a second reading and proposed adoption of an ordinance prohibiting the use of cannabis and hemp products in public places within the City of Brooklyn Center. Meeting materials can be accessed by visiting the City of Brooklyn Center's website at: https:Hbrooklyncentermn.Rov. A definite time for this ordinance to be considered cannot be given as it will depend on the progression of the agenda items. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. ORDINANCE NO. 2023-07 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING APPLICATION REQUIREMENTS FOR LAND DISTURBANCE PERMITS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Chapter 35, 35-7901 is amended by adding the following double -underlined language: 35-7901 Applicability. No construction, reconstruction, development, redevelopment, grading, excavation, or other activity shall occur without first securing a permit from the Community Development Department if such activity causes a land disturbance of 10,000 square feet or more of land. For certain construction activity, various other permits may also be required. The applicant of construction activity is responsible for obtaining any other required hermits from the City and other State, Federal, or local governmental agencies having any authority over the work to be performed. Typically, such agencies may include, but are not limited to, Shingle Creels and West Mississippi Watershed Management Commissions, the U.S. Army Cocas of Engineers, the Minnesota Pollution Control Agency, the Minnesota Department of Natural Resources, the Minnesota Department_ of Transportation, and the State Historical Preservation Office. Article II. Brooklyn Center City Code, Chapter 35, Section 39-7903 is amended by adding the following double -underlined language and deleting the str"e-n language: 35-7903 Required Plans. The applicant shall submit construction plans and supporting calculations. The submittals shall comply with the following requirements: (a) The plans shall meet the requirements of the Shingle Creek and West Mississippi Watershed Management Commission's Rules and Standards, and the Minnesota Pollution Control Agency_ £onstfuetienPermit. A4emafive treatment be managemeiA pfaefiees must be eensidered where any of the felle"Ang apply: Permanent stormwater management system designs, including calculations shall be provided with the plans. (b) The infiltration praetiee shame 10 feet away from all buildings, or- When a land disturbance permit is required, a satisfactory erosion control and grading plan consistent with the Minnesota Stormwater Manual must be approved by the Citv Engineer before a grading or building permit is issued for construction. (c) The infiltiation praotiee shall not be used within fifty (50) fe� of a City or pri well, unAess speeifi-ea-1111y -allowed-by an approved wellhead proteetion . The grading and erosion control plan must provide spot elevations of proposed grades in relation to existing grades on the subi ect property and adjacent land. Areas where the finished slope will be steeper than five units horizontal to one vertical shall be specifically noted. Also, location and type of erosion control devices shall be clearly labeled. (d) The plan shall provide 2 foot eenfouf lines with spot ele-vations of proposed gra a type of erosion eontfol depvi es shall be lean y label oa Every effort shall be made to minimize disturbance of existing ground cover. No grading or filling shall be permitted within 40 feet of the ordinary high water mark of a water body unless specifically approved by the City. To minimize the erosion potential of exposed areas, restoration of ground cover shall be provided within five days after completion of the grading operation. (e) The plan shall address the managemepA of post development Funoff and mean the long term maintenanee and operation of best managemepA practices and stofm water management s+ruetures devi es and methoEvery effort shall be made during the grading permit application process to determine the full extent of erosion control required. However, the City Engineer may require additional controls to correct specific site related problems as normal inspections are performed. (f1 All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading or construction. Noncompliance with the grading and erosion control plan shall constitute grounds for an order from the City to halt all construction. (g) All grading and construction activity that requires a land disturbance permit shall comply with Minnesota Pollution Control Agency's General Permit to Discharge Stormwater Associated with Construction Activity No. MNR100001, the Minnesota Pollution Control Agency's General Permit to Discharge Stormwater Associated with Small Municipal Separate Storm Sewer Systems No. MNR040000, and the Minnesota Stormwater Manual. Article VI. Severability. Should any section or part of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as a whole or any part other than the part declared invalid. Article VII. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 28t" day of August, 2023. April raves, Mayor ATTEST: Barb Suciu, City Clerk (Strikeeut indicates matter to be deleted, double -underline indicates new matter.)