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Home My WebLink About2000-01 01-24 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of January, 2000, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to erosion control and floodplain regulations. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. 00 -01 AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES RELATING TO EROSION CONTROL AND FLOODPLAIN REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The following sections are hereby added to the Brooklyn Center Code of Ordinances: Section 35 -2230. GRADING AND EROSION CONTROL PLAN. 1. A satisfactory erosion control and grading plan consistent with the Minnesota Pollution Control Agency's Best Management Practices Handbook must be approved by the City Engineer before a grading or building permit is issued for construction, if the construction will result in disturbing the soil. 2. The grading and erosion control plan must provide 2 foot contour lines with spot elevations of proposed grades in relation to existing grades on the subject property and adjacent land. Also, location and type of erosion control devices shall be clearly labeled. 3. Every effort shall be made to minimize disturbance of existing ground cover. To minimize the erosion potential of exposed areas, restoration of ground cover shall be provided within five (5) days after completion of the grading operation; in no event shall erosion control devices be removed until ground cover is established. 4. Every effort shall be made during the building 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. ORDINANCE NO. 00 -01 5. 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. 6. All grading and construction activity that results in disturbance of the ground shall comply with Minnesota Pollution Control Agency's Best Management Practices. Section 35 -2150 (5) (g). If fill is placed or there is encroachment of any kind in the flood fringe. compensatory storage of equal or greater volume than the encroachment upon the flood fringe must be provided within the flood plain. This encroachment shall not create any surcharge. nor shall it create hazardous velocities. Section 2. The following sections of the Brooklyn Center Code of Ordinances are hereby amended as follows: Section 35 -230 (2) (b) (VI). Existing and proposed land elevations, drainage provisions, temporary and permanent erosion control provisions. and utility provisions as may be required. Section 35 -355 Subdivision (4) (e). The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City, except that these subdivisions and plans must be in conformance with all watershed, state, and federal storm water, erosion control, and wetlands requirements. Section 35 -355 Subdivision (5) (a) (3). A grading plan. including temporary and permanent erosion control provisions; Section 35 -410 (5). On developments of sufficient magnitude so as to require on -site water main -or sewer main, storm sewer, or storm drainage facilities construction, plans for such facilities utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water or scwcr main utilities construction is required, the land owner or developer shall enter into a watcr and scwcr main and fire hydrant utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. ORDINANCE NO. 00 -01 Section 35 -411 (5). On developments of sufficient magnitude so as to require on -site water main-en sewer main, storm sewer, or storm drainage facilities construction, plans for such facilities utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water or scwcr mam utilities construction is required, the land owner or developer shall enter into a watcr and scwcr main and firc hydrant utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35 -412 (5). On developments of sufficient magnitude so as to require on -site water main -ers sewer main, storm sewer, or storm drainage facilities construction, plans for such facilities utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water or scwcr main utilities construction is required, the land owner or developer shall enter into a water and scwcr main and fire hydrant utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35 -413 (13). On developments of sufficient magnitude so as to require on -site water main -en sewer main, storm sewer, or storm drainage facilities construction, plans for such facilities utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water or scwcr main utilities construction is required, the land owner or developer shall enter into a water and scwcr main and firc hydrant utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35 -2140 (4) (a). All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Special Use that will cause any increase in the stage of the 100 -year or regional flood or any obstruction of flood flows or increase in flow velocity, or cause an increase in flood damages in the reach or reaches affected. ORDINANCE NO. 00 -01 Section 35 -2160 (2) (b) (3) Compute the floodway necessary to convey or store the regional flood without incrcasing flood stages morc than 0.5 foot. A lesser stage incrcasc than 0.5 foot shall be required if, as a result of the additional stage incrcasc, incrcascd flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 24th day of January, 2000. ATTEST: me Wem City Clerk Date of Publication: February 2, 2000 Effective Date: March 2, 2000 (Strikeouts indicate matter to be deleted, underline indicates new matter.)