HomeMy WebLinkAbout2005-08 09-12 CCOCITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 12 th day of September, 2005, at
7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance requiring a permit for land disturbing activities. Auxiliary
aids for handicapped persons are available upon request at least 96 hours in advance. Please
notify the Deputy City Clerk at 763 -569 -3300 to make arrangements.
ORDINANCE NO. 2005-08
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF
ORDINANCES REQUIRING A PERMIT FOR LAND DISTURBING
ACTIVITIES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. The Brooklyn Center City Code of Ordinances is amended by adding new
Section 35 -235 as follows:
Section 35 -235. PERMIT FOR LAND DISTURBING ACTIVITIES
1. No construction, reconstruction, development, redevelopment, grading,
excavation or other activity shall occur without first securing a permit from the City Engineer if
such activity causes a land disturbance of one acre or more of land or a land disturbance of less
than one acre if it is a part of a common plan of development of one acre or more.
2. The applicant shall submit an erosion and sediment control plan. The plan shall
meet the following requirements:
a. The plan shall be consistent with the Minnesota Pollution Control
Agency's Best Management Practices Handbook.
b. The plan shall describe steps to be taken to control construction impacts
on water quality such as discarded building materials, concrete truck washout, chemicals,
litter and sanitary waste.
c. The plan shall provide 2 -foot contour lines with spot elevations of
proposed grades in relation to existing grades on the subject property and adjacent land.
The location and type of erosion control devices shall be clearly labeled.
d. The plan shall include every effort to minimize disturbances of existing
ground cover and shall provide that ground cover shall be provided within five (5) days
after completion of the grading operation. Erosion control devices shall not be removed
until ground cover is established.
ORDINANCE NO. 2005-08
e. The plan shall address the management of post development runoff and
means of assuring the long -term maintenance and operation of best management
practices and storm water management structures, devices and methods.
f. If the land disturbing activity involves construction, the plan shall include
procedures to be followed to control waste, such as discarded building materials, concrete
truck washout, chemicals, litter, and sanitary waste at the construction site that may cause
adverse impacts to water quality, all in accordance with applicable laws, ordinances,
regulations and City policies for such activities.
3. The Engineer may require such additions or modifications to the plan and may
impose such conditions and restrictions on the permit as the Engineer deems necessary to
provide water quality protection. Such conditions may include, but are not limited to: limiting
the size, kind or character of the proposed development; requiring the construction of structures,
drainage facilities, storage basins and other facilities; requiring the replacement of vegetation;
establishing required monitoring procedures; requiring that the work be staged over time;
requiring the execution and filing of such declarations or agreements as the Engineer deems
necessary to assure the continuing monitoring and maintenance of all facilities and systems; and
requiring a performance bond, or other acceptable security, to assure that all facilities and
systems are constructed as required.
4. Every effort shall be made during the 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 inspections are performed during
construction.
5. All erosion control noted on the approved plan shall be installed prior to the
initiation of any site grading or construction.
6. All activities requiring a permit under this section shall conform to all
requirements of federal, state and local laws, rules and regulations.
7. The City Engineer shall inspect and enforce all control measures and shall receive
and consider reports of non- compliance or other information on construction issues related to
water quality submitted by members of the public. Non compliance with the requirements of
this section, the approved plan, any conditions or restrictions imposed by the City Engineer, or
any orders issued by the City Engineer under paragraph 4 of this Section is a violation of this
Section. Violation of this Section is a misdemeanor and constitutes grounds for the City to issue
an order to halt all construction or pursue any other legal or equitable remedy to enforce the
requirement of this Section.
ORDINANCE NO. 2005-08
Section 2. This Ordinance shall become effective after adoption and upon thirty (30)
days following its legal publication.
Adopted this 12 day of September, 2005.
ATTEST:
J JnanAvc.`444Aterevc__
City Clerk
Date of Publication: September 22, 2005
Effective Date: October 22, 2005
(Underline indicates new matter; stpikeeut indicates matter to be deleted.)
Mayor