Brooklyn Center City Zoning Code
35-235 Permit
For Land Disturbing Activities
35-235Permit For Land Disturbing Activities1)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-half (1/2) acre or more of land.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 receiving runoff 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;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 protection plan.b)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.c)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.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.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.8)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.b)Permit Suspension. The City shall suspend the Permit and issue a stop work order if the City determines the applicant supplied incorrect 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 Stop Work Order. The City Building Official may issue a stop work order for a related building Permit if requested by the City.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 permit.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) days, 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.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 Permit, as 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.