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Home My WebLink About2015-04 04-13 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 13a`day of April, 2015, 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 a permit for land disturbing activities; amending City Code Section 35-235 and Removing City Code Section 35-2230. 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. 2015-04 AN ORDINANCE RELATING TO A PERMIT FOR LAND DISTURBING ACTIVITIES; AMENDING CITY CODE SECTION 35-235 AND REMOVING CITY CODE SECTION 35-2230 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35-235 PERMIT FOR LAND DISTURBING ACTIVITIES of the City Code of Ordinances of the City of Brooklyn Center is hereby amended to read: 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 o n e-h a 1 f ( 1 /21 a c r e ene-awe or more of land-. dis�-baes than one 2. 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 Construction Permit. Alternative treatment best management practices must be considered where any of the following apply: i. Where industrial facilities are not authorized to infiltrate industrial stormwater under a National Pollutant Discharge Elimination System/State Disposal System Permit: ii. When receivingrunoff from fueling and vehicle maintenance areas. unless the infiltration practices is designed to allow for spill control- iii. The infiltration practice shall be 10 feet away from all buildings. or, ORDINANCE NO.2015-04 iv. The infiltration practice shall not be used within fifty-feet (50') of a municipal or private well. unless specifically allowed by an approved wellhead protemeet the following r-equir-ements- ction plan. 2. The applieehA shall submit ad sediment eefAfel plan. The plan s Y a.— The-plan shall be eensistent with the Mimeseta Pollution Con Agene5S Best Management Pr-aetices 14andbeek. b The a shallesere steps to e taken to ee„trenstr.rretio eta v. Tplan dibbkl 'lilYuvJ on water quality sueeafde building ter-ials, eenefete-tme>; washeli, ehemieels, l;tte« and nitent, waste. b.E 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 inelude eveFy e&i4 to minimize distur-banees of existing ground-eeve> that ourd-eever�-ae-provided within five (5) dety,--after- eempletien--atethe gFading operation. V11u Vi MV YlV VJ Jl1r411 11V1 VV removed rAiiti si rAiir.{ r.VYea is Y.varAV iavw. c,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 aetivi ,.lr.e-S „sAff-Hutiefl, the plan shall inelude eeed s to be followed to .� FAM waste, el, d; r.ded elude 1'�irvvvuuic'u w vv- w vvll 1 •Y as.i�.+, ..x....11 .w..� .,.1.�..»....�.... building .1ter.;e11 a «oto tmek washout,out e emieals litter .,,,d s ,,;tafy waste at the eenstFuefiea site tha4 may eause adverse impaets to water- quality, all in aeeer-daftee with a pl;eable laws, er.difia,ees, rrlat;ons a.rrlC to pelie;es f eh etiyities 3. The City 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. ORDINANCE NO.2015-04 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 I 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. L. Maintenance of Private Stormwater Management Facilities a. No private Stormwater Management Facilities may be approved unless a maintenance plan is provided and is consistent with City Code, and the Shingle Creek and West Mississippi Watershed Management Commissions' Rules & Standards. All such facilities shall be inspected annually. with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. b. Owners of private Stormwater Management Facilities shall enter into an agreement with the City setting out how the owners shall provide for the long-term operations and maintenance of the facilities. 9. Easements. The applicant shall establish in a form acceptable to the City, temporary and perpetual easements for ponding flowage, and drainage purposes over hydrologic features such as water bodies and stormwater basins The easements shall include the right of reasonable access for inspection monitoring maintenance and enforcement purposes. 10. Enforcement Actions to Ensure Compliance A. Orders. The City may issue an order to modify the approved plan and stipulate a time frame for compliance. The applicant must comply with said order. L Permit Suspension. The City shall suspend the Permit and issue a stop work order if the City determines the applicantsupplied incorrect ORDINANCE NO.2015-04 information, or the applicant is in violation of any provision of the approved plans, the Permit, or this Section. The City shall reinstate a suspended Permit upon the applicant's correction of the cause of the suspension. C. Construction Ston Work Order. The City Building Official may issue a stop work order for a related building Permit if requested by the Citv. d. Permit Revocation If the applicant fails or refuses to cease work as required, the City shall revoke the Permit and the applicant shall be subject to enforcement, penalties, and loss of its financial security. The City shall not reinstate a revoked Permit, but an owner may apply for a new Hermit. e. Remedial Corrective Action The City or a private contractor under contract with the City may conduct remedial or corrective action on the project Site or adjacent Sites affected by project failure or to implement actions specified in an order to modify plans. The City may charge applicant for all costs associated with correcting failures or remediating damage from the failures according to the order including but not limited to, materials equipment staff time and attorney's fees. If payment is not made within thirty (30) day& payment will be made from the applicant's financial security or, in the case where no Permit was issued payment will be assessed against the property. f. Action Against Financial Security. In any of the following circumstances, the City shall use funds from the financial security to finance remedial work undertaken later by the City or a private contractor under contract to the City, and to reimburse the City for all direct costs including, but not limited to, staff time and attorney's fees: i. The Applicant ceases Land-Disturbing Activities and/or filling activities prior to completion of the Stormwater Management Plan,• ii. The Applicant fails to conform to the Stormwater Management Plan as approved or as modified under this Code, and has had his/her Permit revoked under this Code, iii. The techniques utilized under the Stormwater Management Plan fail within one (1) year of installation, or before Final Stabilization is implemented for the Site or portions of the Site, whichever is later...or; iv. The City determines that action by the City is necessary to prevent excessive erosion from occurring on the Site. ORDINANCE NO. 2015-04 g. Misdemeanor Violation Any violation of the provisions of this Section or failure to comply with any of its requirements shall constitute a misdemeanor. h. Cumulative Enforcement. The procedures for enforcement of a Permitas set forth in this Section, are cumulative and not exclusive. 11. Financial Security. The City shall collect a surety for erosion and sediment control before any building Permit is issued. The surety is returned to the person who posted the security when the permanent erosion and sediment control has been established and has been approved by the City. The surety will be used to either remedy erosion or sediment control violations or to complete the establishment of permanent erosion and sediment control, as necessary. Seetion G 7720. GRADING AND EROSION CONTROL PLAN. 1. Tl satisfiietef-y erosion ee15 d gr-adiv, plan onsisteat with-+Cl�'lC Minnesota D vrrtAiv= -G vitrvr1 rgcr' ' Best Management DTae ee U�:1eak rrru`Tt be approved the-City-Engineer before a . ding r- building ,-,,,,+ issued for-eenstfuetion, if the eens4fuetion will result in distufbing the soil. 7. The gfading andE`fO Oir$BiAtfol plan must provide 2 F„t e ,-.tout lines ;tL, of elevations of proposed rapes , rolntio toexisting gr-a es o the subjeet pr-op`A and adjaeent land Also, l rl t,t'� a of erosionr fi#01 eyiees J hll be eleafly labeled, 3. Every effeft shall be made to minimize distufbanee of existing ground eover, To izimirr'rze the erosion rpvccncrctA--vr-cNFv3cEai-cntrcccrestoration-of ground ee s'�r 'tee provided within five (5) days after- eempletion of gr-adifig o t' t h 11 t 1 ,l 1, refaeye „t;l vp�fz� , gr;,wnu establishe l 4. Every eff-eft shall be made dufing the building pefmit applieatio* proeess to de4efmine the extentoferosion evfAfel r-equir-ed. 14owevef, the Engineer- t, l gli�C3E'f i�1-up—rccjuirc—udcrdi�9irt`1�-E-6�tf0�� cv— —c6i�@C��}3t� site 1 4e to haU all n nstfuet; ,„ ORDINANCE NO. 2015-04 shall eemply with Nfifmeseta Pollution CefAfel Ageney's Bes4 Management A'rrctc ieesr This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 13''day of April, 2015. Mayor ATTEST: City Clerk Date of Publication: April 23, 2015 Effective Date: May 23, 2015 ( keeut indicates matter to be deleted, double underline indicates new matter.)