2002-15
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BILL NO. 2002-15
AN ORDINANCE RELATING TO EROSION AND SEDIMENTATION CONTROL
REGULATIONS; AMENDING CHAPTER IV OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Chapter IV of the Richfield City Code IS amended by adding the
following Section:
Section 428 - Erosion and Sedimentation Control Requlations
428.01. Purpose. The purpose of this section is to promote the public health, safety,
property and general welfare of the citizens of the City and to regulate land
disturbing activities to preserve and enhance the natural environment by reducing
sedimentation in streams, lakes, ponds, storm sewer systems, and other water
ways, protect the quality of surface water resources, preserve and protect wildlife
habitat, restore sites to reduce the negative environmental effects of construction
activities, and provide uniform techniques and methods for erosion and
sedimentation control.
428.03. Administration. The City Council hereby designates the Building Official as the
Administrator of this Section. Erosion control plans shall be reviewed and
approved under the existing building permit process. A fee in addition to the
building permit fee is not required for erosion control plan review.
428.05. Performance Standards for Erosion and Sedimentation Control. The design,
testing, installation, and maintenance of erosion and sediment control operations
and facilities shall adhere to the standards and specifications contained in the
Minnesota Pollution Control Agency's handbook of best management practices
entitled, "Protecting Water Quality in Urban Areas" dated 1989, as amended.
428.07. Activities Subiect to Erosion Control Measure. Subdivision 1. The following land
disturbing activities shall be subject to erosion control measures, except those
activities described in section 428.09:
a. An area of 5,000 square feet or greater that will be disturbed by
excavation, grading, filling or other earth moving activities resulting in the
loss of protective vegetation; or,
b. Excavation or fill exceeding 50 cubic yards; or,
c. The installation of underground utilities, either public or private, resulting
in more than 300 linear feet of trenching or earth disturbance.
Subd. 2. Any other land disturbing activity for which the City Engineer determines
to have the potential for substantial erosion.
428.09. General Exemptions. Subdivision 1. The following land disturbing activities that
meet all of the requirements of this subdivision are exempt from this section.
The disturbed or fill area is less than five thousand (<5,000) square feet in area,
and
a. The volume of soil or earth material stored or moved is fifty (50) cubic
yards or less, and
b. Impervious surface of less than ten thousand (10,000) square feet is
created, and
c. No drainage way is blocked or has its storm water carrying capacities or
characteristics modified, and
d. The activity does not take place within one hundred (100) feet by
horizontal measurement from the top of the bank of the water course, the
ordinary high water mark of the water body, or the ordinary high water
mark of a wetland associated with a water course or water body.
Subd. 2. Agricultural lands, including gardens, used mainly for the production of
food, general farming, nurseries, etc. are exempt from this regulation.
428.11. Erosion Control Plans. Subdivision 1. Land disturbing activities not exempt from
this Section shall be required to have an approved erosion control plan on file with
the City prior to commencement of construction.
Subd. 2. The erosion control plan shall contain all information necessary for the
City Engineer to determine that adequate erosion control and sedimentation
measures are proposed. At a minimum, a topographic map showing existing and
proposed contours, location of any natural water courses, storm sewers, and
drainage ways shall be provided. The extent of the land disturbing activity and
any erosion control measures should be shown on the submitted erosion control
plan. The following information should be submitted with the site map and
grading plan:
a. Existing and proposed topography of the site taken at a contour interval of
no less than two (2) feet.
b. Contour lines extending beyond the property boundaries for a distance
sufficient to show the relationship between on-site and off-site drainage,
but in no case less than 100 feet.
c. Property lines shown in true location with respect to topographic
information on the plan.
d. Location and graphic representation of all existing and proposed natural
and man-made drainage facilities.
e. Detailed plans of any surface and sub-surface drainage devices, walls,
cribbing, dams, and other devices to be constructed with or as part of the
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proposed work and a map showing the drainage area and the estimated
runoff of the areas served by any drain.
f. Location and graphic representation of proposed excavation, fill, on-site
storage of soil and other earth material, and on-site disposal of earth
material.
g. Location of proposed final surface runoff, erosion and sediment control
measures.
h. Quantity, in cubic yards, of soil or earth material to be excavated, filled,
stored or otherwise utilized on-site.
I. Outline of the methods to be used in clearing vegetation and in storing and
disposing of cleared vegetative matter.
J. Proposed sequence and schedule of excavation, filling, and other land
disturbing and filling activities, and soil or earth material storage or
disposal.
k. Location of any buildings or structures on the property where the work is
to be performed and the location of any buildings or structures on land of
adjacent owners which are within fifteen (15) feet of the property line of
the subject property or which may be affected by the proposed grading
operations.
I. In addition to the plans, a narrative report summarizing the proposed
erosion control measures should be submitted. This report should
include language discussing the timing of the installation, phasing,
stabilization of all erosion control structures, maintenance and eventual
removal of all erosion control structures.
428.13. Maintenance of Erosion Control Measures. Subdivision 1. It shall be
responsibility of the owner/developer to maintain all erosion control structures in a
condition that will ensure continuous functioning of those devices. If, after the
installation of the erosion control structure, the City Engineer determines that
additional measures are needed, they shall be installed at the expense of the
owner.
Subd. 2. Any erosion or sediment that runs off or blows off the site onto adjoining
properties, City streets, storm sewer, etc. shall be the responsibility of the owner
or developer for clean-up and restoration. If the owner fails to properly clean up
or restore all areas affected by erosion, the City will hire a contractor to complete
the work and bill the owner for the expenses associated with the clean-up.
Failure to maintain these measures shall be a violation of this Ordinance.
428.15. Penalties for Violation. The following penalty options are available for violation of
this ordinance:
Subd. 1. "Stop Work" Order. It is unlawful for any person, either by the owner or
the occupant of premises, to violate, neglect or refuse to comply with the
requirements of this section. In addition, if the City Engineer determines that I
adequate erosion control measures are not being followed and there is little
cooperation on the part of the owner to do so, a "stop work" order may be issued
to the land disturbing activity until such times as adequate measures are
implemented.
Subd.2. Suspension or Revocation of Permit. The City may suspend or revoke
the permit and permittee shall cease work on the site except for work necessary
to remedy the cause of the suspension. The permittee may request a
reinstatement of a suspended or revoked permit upon correction of the causes for
suspension and, if the conditions of the Permit have been complied with in full, the
City shall reinstate the permit.
Subd. 3. Issue Violation as a Misdemeanor. Any person violating a section,
subdivision, paragraph or provision of this Ordinance when that person performs
an act thereby prohibited or declared unlawful, or fails to act when such failure is
thereby prohibited or declared unlawful, and upon conviction thereof, shall be
punished as for a petty misdemeanor, except as otherwise stated in specific
provisions hereof.
Sec. 2. This ordinance is effective in accordance with section 3.09 of the
Richfield City Charter.
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Passed by the City Council of the City of Richfield, Minnesota this 14th day of May,
2002.
77;;;;1;;; A~
Martin J. Kirsch~Mayor
ATTEST:
"-JftC0 VGuv J'iu&l/\
Nancy Gibb~ City Clerk
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Gene Carr, being duly sworn on an oath states or affirms, that he is the publisher of the news-
Sun-Current
, and has full knowledge of the facts stat-
paper known as
ed below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331A.02, 9331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Wednesday, the -2.L day of
May , 2002, and was thereafter printed and published on every Wednesday to and
including Wednesday, the _ day of
, 2002; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being
(the size and kind of type used in the composition and publication of the notice:
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BY: '/~
President and Publisher
Subscribed and sworn to or affirmed befoie me
on is ~day of Yn~ 20d2.
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RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6.20 per line
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(3) Rate actually charged
$
1.40 per line
I City of Richfield ,I
I (Official Publication)
SUMMARY PUBLICATION
BILL NO. 2002.15 .
I AMENDMENT TO CITY OF RICHFIELD I
ORDINANCE CODE SECTION 428 ,
This summary of the ordinance is published pursuant to
Section 3.12 of the Richfield City Charter.
The purpose ofthis ordinance is to set minimum standards
for when erosion control measures must be installed,
I which erosion control measures are acceptable, how such
measures must be maintained, who is responsible for in-
stallation and maintenance, and establishes penalties for
non-compliance.
Copies ofthe ordinance are available for public inspection
in the Public Works Department during normal business
hours or upon request by calling Engineering Supervisor
George Atkinson at 612-861-919l.
I Adopted by the City Council of the City of Richfield, Min-I
nesota this 14th day of May, 2002.
Martin J. Kirsch, Mayor
I ATI'EST:
Nancy Gibbs, City Clerk
! (May 22, 2002)D2IBill 2002-15