This section has been established to govern grading, filling, and excavation activities in the city to ensure the protection of public property, minimize impacts on adjacent property, and protect natural resources.

No person shall undertake, authorize, or permit any of the following actions without first having obtained the proper permit from the city:

A.

Any excavating, grading, filling, or other change more than ten cubic yards in the earth's topography in any designated wetlands, floodplain, or shoreland district;

B.

Any excavating, grading, filling, or other change in the earth's topography resulting in the movement of more than 500 cubic yards of material;

C.

Any excavation of materials in the amount of 1,000 cubic yards or more shall comply with the requirements of City of East Bethel Ordinance No. 166 Excavation and Mining, and shall be reviewed as an interim use permit under the standards outlined in Section 04. Applications and Procedures.

(Ord. No. 226, 11-25-2019)

Notwithstanding the above, a separate grading permit shall not be required for the following activities:

A.

Earthwork undertaken in accordance with grading plans approved in conjunction with a building permit, or at plat approval that is in conformance with this section; or

B.

Agricultural activities.

(Ord. No. 226, 11-25-2019)

No person shall undertake, authorize, or permit any excavating, grading, filling, or any other change in the earth's topography which violates or is not compliant with the proper permit issued by the city, including the approved plans and all terms and conditions of the permit.

(Ord. No. 226, 11-25-2019)

A.

Grading plans that would result in the movement of more than 500 cubic yards but less than 1,000 cubic yards of material may be approved by the Zoning Administrator. The applicant shall submit the following information unless waived by the Zoning Administrator:

1)

The legal description of the property;

2)

Shoreland, floodplain, and wetland designations;

3)

Existing and proposed final grades utilizing two feet contour intervals;

4)

A tree survey showing all trees having a diameter of six inches or greater and a tree preservation plan;

5)

A landscaping and site restoration plan;

6)

A Stormwater Management plan that is acceptable to the City Engineer;

7)

An erosion and sediment control plan; and

8)

Any other information that may be required by the Zoning Administrator that demonstrates that the use of this property is consistent with this ordinance and the comprehensive plan.

B.

Upon receipt of a completed application, the zoning administrator or city engineer shall review the application within 30 working days and shall notify the applicant of the decision by mail. The zoning administrator or city engineer may impose such modifications and conditions as may be necessary to protect the public interest.

C.

Any applicant aggrieved by a decision of the zoning administrator or city engineer may appeal the determination to the planning and zoning commission in accordance with Section 02. Responsibilities, Enforcement, and Appeals.

(Ord. No. 226, 11-25-2019)

Grading permits shall be issued only for grading plans which comply with the following:

A.

The grading plan shall demonstrate that tree preservation has been maximized by adherence to the following:

1)

Significant trees greater than six inches in diameter shall be destroyed only to the extent necessary for the property to attain a reasonable, but not maximum, use;

2)

Prior to commencement of grading, all trees identified for preservation shall be identified and grading limits cordoned with a suitable barrier. The barrier shall be located to coincide to the drip line of the tree;

3)

No construction, compaction, or grading of any kind may occur within these drip lines, except when necessary to save additional significant trees and when the risk to the trees designated for preservation is minimal.

B.

The grading plan shall use landscaping materials to restore site aesthetics, minimize the visual impact of the work, screen the grading from adjacent property, and enhance the property's developmental potential. All areas altered because of grading activity shall, at a minimum, be restored with seed and disc mulch or sod within two weeks after completion of the activity. The zoning administrator may approve an extension of this deadline, if appropriate, but in no case shall site restoration be delayed beyond October 1 of the year in which grading activity is approved. The grading plan shall not result in sites that are unsatisfactory for development of permitted uses.

C.

The plan shall provide for the removal of any significant amounts of organic material or construction debris from the site.

D.

In instances where an existing natural or created buffer shall be impacted by grading or filling operations, site restoration shall be completed in a manner that resembles, to the extent possible, the original vegetation and topographic state of the property.

E.

The plan shall protect wetlands, floodplains, shorelands, public waters, and other natural features to the maximum extent possible.

F.

The plan shall provide for adequate drainage, stormwater retention, and erosion control measures.

1)

Erosion and sediment control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to grading when necessary to control erosion.

2)

Land shall be developed in increments of workable sizes such that adequate erosion and sedimentation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time.

3)

When soil is exposed, the exposure shall be for the shortest feasible period of time, as specified in the agreement.

4)

Where the topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the developed area. Topsoil shall be restored or provided to a depth of three inches and shall be of a quality at least equal to the soil quality prior to development.

5)

Natural vegetation shall be protected to the greatest extent feasible.

6)

Based upon the review and recommendation of the city engineer, it may be necessary to divert runoff water to a sedimentation basin before being allowed to enter the natural drainage system.

7)

For developers which shall disturb one or more acres of land, the developer shall also obtain a NPDES construction permit.

8)

Solid waste and hazardous waste controls, including concrete washout areas, shall be installed as per the standard specification and guidelines as established within the NPDES general permit for construction activity.

9)

Dewatering and basin draining shall be performed in conformance with the guidelines as established within the NPDES general permit for construction activity.

10)

When ten or more acres of disturbed soil drain to a common location, a temporary sediment basin must be provided to treat the runoff before it leaves the construction site. A temporary basin shall be installed per the standard specification and guidelines as established within the NPDES general permit for construction activity.

11)

The construction site shall be inspected at least once every seven days during active construction and within 24 hours after a rainfall event greater than 0.5 inches in 24 hours. All inspections shall be documented.

12)

All permanent and temporary erosion and sediment control practices shall be maintained and repaired whenever necessary to assure the continued performance of their intended function.

13)

Final stabilization upon the completion of construction activity needs to be established including the use of perennial vegetative cover on all exposed soils or other equivalent means.

G.

The plan shall provide for traffic movements to and from the site that do not have significant adverse impacts on area roadways, development, and traffic patterns, and/or congestion. Roads surrounding the site shall be swept as needed to remove any debris that may accumulate as a result of the grading activity. The city may require the installation of a rock entrance pad to the property prior to the grading activity for projects that involve a substantial amount of hauling to or from the site to accommodate removal of mud from construction vehicles.

H.

The plan shall include provisions for dust control measures on a regular basis as determined by city staff.

I.

The plan shall include a schedule of activities that limits the duration of off-site impacts and disruptions.

J.

The plan shall comply with the most current revision of the City of East Bethel's Water Resources Management Plan and the City of East Bethel's Engineering Manual.

K.

The plan must be approved, if required, by the watershed district and other state and federal agencies that have jurisdiction prior to the commencement of grading. The applicant shall submit other government agencies' approvals, and/or permits to the city prior to commencement of grading activity.

L.

The plan shall comply with the Minnesota State Building Code and all other applicable state, county, and city ordinances.

(Ord. No. 226, 11-25-2019)

No land shall be developed and no use shall be allowed that results in water runoff causing flooding, erosion, or increased runoff on adjacent property. Such runoff shall be properly channeled into a watercourse, ditch, storm pond, or other appropriate facility subject to review and approval by the city engineer.

Stormwater pollution prevention plans (SWPPP). Stormwater pollution prevention plans are required for small and large sites, as defined below, to be submitted to the city engineer for review and approval.

A.

Small sites consist of more than 20,000 square feet but less than 1.0 acre of land disturbance, filling, grading or other such activity.

1)

Small sites shall be designed to control runoff rate so as to not cause downstream flooding or erosion. Calculations shall use Atlas 14 precipitation data.

2)

Small site stormwater pollution prevention plans shall be designed to minimize erosion and to contain sediment from the existing site.

3)

No building permit, subdivision approval, or permit to allow land distributing activities shall be issued until the city approves this plan.

B.

Large sites include more than 1.0 acre of disturbance and any sites that disturb less than 1.0 acre but are part of a larger development or connected action disturbing a cumulative 1.0 or more acres.

1)

Designed and implemented to meet or exceed the requirements of the Minnesota NPDES/SDS Construction Stormwater General Permit MN R100001 (Construction Stormwater Permit).

2)

General policy on stormwater runoff rates and water quality for large sites.

(a)

For new development stormwater runoff rates, volume, total suspended solids, and total phosphorus from the site shall not increase over the predevelopment values, based on the last ten-years of how that land was used. Also accelerated channel erosion must not occur as a result of the proposed activity.

i.

Stormwater peak discharge rates shall not increase for the 24 hour, 2-year, 10-year, and 100-year storm events.

ii.

Volume, total suspended solids, and total phosphorus may not increase on an average annual basis.

iii.

An instantaneous stormwater volume calculated as one inch of runoff from the new impervious surface shall be retained on-site.

(b)

For redevelopment stormwater runoff rates, volume, total suspended solids, and total phosphorus must be managed from the predevelopment values, based on the last ten-years of how that land was used. Also accelerated channel erosion must not occur as a result of the proposed activity.

i.

Stormwater peak discharge rates shall not increase for the 24 hour, 2-year, 10-year, and 100-year storm events.

ii.

Volume, total suspended solids, and total phosphorus must show a net reduction on an average annual basis.

iii.

An instantaneous stormwater volume calculated as one inch of runoff from the new impervious surface shall be retained on-site.

iv.

For linear projects, the water quality volume must be calculated as the larger of one inch times the new impervious surface or one-half inch times the sum of the new and the fully reconstructed impervious surface.

(c)

Infiltration systems must be prohibited when the system would be constructed in areas:

i.

That receive discharges from vehicle fueling and maintenance areas, regardless of the amount of new and fully reconstructed impervious surface;

ii.

Where high levels of contaminants in soil or groundwater may be mobilized by the infiltrating stormwater. To make this determination, the owners and/or operators of construction activity must complete the Agency's site screening assessment checklist, which is available in the Minnesota Stormwater Manual, or conduct their own assessment. The assessment must be retained with the site plans;

iii.

Where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour;

iv.

With less than three feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock;

v.

Of predominately Hydrologic Soil Group D (clay) soils;

vi.

In an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as high or very high vulnerability as defined by the Minnesota Department of Health;

vii.

In an ERA within a DWSMA classified as moderate vulnerability unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater;

viii.

Outside of an ERA within a DWSMA classified as high or very high vulnerability unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater;

ix.

Within 1,000 feet up-gradient or 100 feet down gradient of active karst features; or

x.

That receive stormwater runoff from these types of entities regulated under NPDES for industrial stormwater: automobile salvage yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing activities.

(d)

Limitations. For projects where site constraints limit the ability to provide the required control practices within the project boundary; the project shall provide for downstream improvements for that portion that cannot be treated within the project boundaries. Such projects may include:

i.

Linear projects where reasonable effort has been made to obtain sufficient right-of-way to install required control practices and said efforts have been unsuccessful;

ii.

Sites where infiltration is prohibited;

iii.

Other locations as determined by the city.

(e)

Sequencing. Projects that cannot fully meet the stormwater requirements of this section must demonstrate the site constraints through a sequencing analysis subject to review and approval of the city engineer. Prior to consideration of off-site mitigation, the applicant must demonstrate on-site treatment to the maximum extent practicable given the site constraints.

(f)

Mitigation. Projects that have made reasonable effort but have been unable to fully meet volume, total suspended solids, and total phosphorus requirements within the project limits may, upon authorization by the city, utilize the following methods to meet that portion not met on-site:

i.

Provided treatment that yields the same benefits in an offsite location to the same receiving water that receives runoff from the project site. If this is not feasible then;

ii.

Provide treatment that yields the same benefits in an offsite location within the same Minnesota Department of Natural Resources catchment area as the project site. If this is not feasible then;

iii.

Provide treatment that yields the same benefits in an offsite location within an adjacent Minnesota Department of Natural Resources catchment area up-stream of the project site. If this is not feasible then;

iv.

Provide treatment that yields the same benefits at a site approved by the city.

v.

Offsite mitigation authorized by the city shall be completed within 24-months of the beginning of construction on the permitted site.

vi.

Mitigation projects must involve the creation of new permanent pollution controls or retrofit of existing permanent pollution controls, or the use of properly designed regional permanent pollution controls.

vii.

Maintenance of existing permanent pollution controls that do not have adequate capacity to meet the runoff and water quality criteria of this ordinance shall not be accepted in lieu of new or retrofit permanent stormwater pollution controls.

(g)

Applicants shall provide documentation showing compliance with the rate and quality requirements of this ordinance. Acceptable documentation shall be:

i.

For rate and volume: Calculations shall be by a methodology listed in the Minnesota Pollution Control Agency's publication, "The Minnesota Stormwater Manual" or other method approved by the city. Calculations shall use Atlas 14 precipitation data.

ii.

For total suspended solids and total phosphorus: Calculations shall be done using the Minimal Impact Design Standards (MIDS) Calculator available on the MPCA website, P8 or other method approved by the city.

iii.

Prepared and certified by a professional engineer.

C.

The following criteria shall be met for all sites.

1)

City inspection. The applicant shall be responsible for all required erosion and sediment inspections required in the approved stormwater pollution prevention plan. The city may perform inspections to ensure conformance with this section. The applicant and/or builder shall provide access to the site and address any deficiencies noted by the city to maintain proper erosion and sediment control at all sites within the timeframes noted in this ordinance and the construction stormwater permit. In cases where cooperation is withheld, construction stop work orders may be issued by the city, until erosion and sediment control measures are compliant with the construction stormwater permit and this ordinance. Follow up erosion and sediment control/grading inspections must then be scheduled and passed before the construction stop work order is lifted or any other inspections will be done.

2)

Inspection and maintenance. All stormwater pollution control management facilities must be designed to minimize the need of maintenance, to provide easy vehicle and personnel access for maintenance purposes, and be structurally sound. The city or its designated representative shall inspect all stormwater management facilities during construction and during the first year of operation.

3)

Private facilities. Where private facilities are allowed by the city council the applicant must provide as part of the design plan of operation and maintenance. The plan must indicate the responsible party or parties charged with the long-term maintenance, repair, or replacement of the facilities. The plan shall also include information on the intended final ownership of the properties containing such facilities and the means by which inspection, maintenance, repair, or replacement, when necessary, shall be funded and accomplished and the party that will be responsible for the operation and maintenance. The details shall be included in an agreement that shall be recorded against the property being developed. In addition, the agreement shall provide for:

(a)

Access in perpetuity for inspection of the facilities by the city.

(b)

Access in perpetuity for maintenance of the facilities should the city find that storm water facility maintenance is required and upon written notice the property owners fail to take corrective action with the cost of such maintenance to be paid by the property owner.

(c)

If upon inspection, the city finds that any private stormwater management facilities require maintenance, repair, or replacement, but such deficiencies do not create a critical or imminent threat to adjacent properties, the environment, or other stormwater facilities; the party or parties responsible for the continued operation of the facilities shall be given written notice of the findings.

(d)

If upon inspection, the city finds that any private stormwater management facilities require maintenance, repair, or replacement and such deficiencies create a critical or imminent threat to adjacent properties, the environment, or other stormwater facilities, the city may take immediate corrective action and charge the costs to the properties identified in the agreement as benefitting from the private stormwater facilities. The city council shall, by appropriate resolution, assess the costs including appropriate administrative fees against said properties, and certify the same to the county assessor of Anoka County, Minnesota.

(Ord. No. 19, Second Series, 5-5-2010; Ord. No. 226, 11-25-2019; Ord. No. 2023-06, 4-24-2023)

The plan shall be accompanied by a letter of credit or other acceptable financial surety, as the city deems appropriate, to guarantee compliance with the approved permit and adequate site restoration. The surety will be 150 percent of the amount determined by the zoning administrator, city engineer, or the city's designated representative, based on the size of the project, site restoration, and potential offsite impacts.

(Ord. No. 226, 11-25-2019)