During the construction process, soil is the most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing water quality, and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches, and the dredging of lakes. In addition, clearing and grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitat and for a healthy living environment for citizens of the City of Independence. The purpose of this Ordinance is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth within the City of Independence.

For the purposes of this ordinance, the following terms shall mean:

Subd. 1.

BMP Manual: The manual titled Protecting Water Quality in Urban Areas (Best management Practices for Minnesota) prepared by the Minnesota Pollution Control Agency, Division of Water Quality, Latest Edition.

Subd. 2.

Certified contractor: An individual who has received training in the State of Minnesota and is knowledgeable in the area of grading, drainage, erosion and sediment control practices.

Subd. 3.

Clearing: Any activity which removes the vegetative surface cover.

Subd. 4.

Designated official: The city administrative official authorized by the city council to administer this ordinance.

Subd. 5.

Drainage way: Any channel that conveys surface runoff throughout the site.

Subd. 6.

Erosion control: Any measures that prevent erosion.

Subd. 7.

Grading, drainage, and erosion control plan: A set of plans prepared by or under the direction of a licensed professional engineer that depicts existing and proposed grading, temporary and permanent drainage facilities, and indicates the specific measures and sequencing to be used to control sediment and erosion on a development site before, during and after construction.

Subd. 8.

Grading: Excavation or fill of material, including the resulting conditions thereof.

Subd. 9.

Perimeter control: A barrier that prevents sediment from leaving a site either by filtering sediment-laden runoff, or diverting it to a sediment trap or basin.

Subd. 10.

Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.

Subd. 11.

Sediment control: Any measures that prevent eroded sediment from leaving the site.

Subd. 12.

Site: A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.

Subd. 13.

Grading permit: A permit issued by the municipality for which the purpose is construction or alteration of ground.

Subd. 14.

Stabilization: The use of practices that prevent exposed soil from eroding.

Subd. 15.

Start of construction: The first land-disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.

Subd. 16.

Watercourse: A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.

Subd. 17.

Waterway: A channel that directs surface runoff to a watercourse, or to the public storm drain.

The section shall be applicable to all subdivision, site plan, building permit and grading permit applications, unless eligible for an exemption or granted a waiver from the city.

Notwithstanding the provisions of this ordinance, the following activities are exempt from this ordinance and permit requirements:

a)

Agricultural activities, including nurseries.

b)

Any emergency activity which is immediately necessary for the protection of life, property or natural resources.

c)

An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit.

d)

Excavation for cemetery graves.

e)

Land disturbing activities that disturb less than one acre of land and are not located within the Shoreland Overlay District.

f)

The filling or mining of soil where the volume is less than 100 cubic yards and are not located within the Shoreland Overlay District.

No land owner or land operator shall receive any building, grading or other land development permits required for land disturbance activities without first meeting the requirements of this section prior to commencing the proposed activity. The permit application must be accompanied by the following in order that the permit application be considered: a grading, drainage, and erosion control plan, stormwater management plan (when required), and a permit review fee.

Subd. 1.

Each application shall include the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and shall be accompanied by the appropriate permit escrow.

Subd. 2.

Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the grading, drainage, and erosion control plan, and that a certified contractor shall be on site on all days where construction or grading activity takes place.

Subd. 3.

Combined with other permits. Separate grading permit applications will not be required when combined with other approved permits from the city, provided that all other provisions of this ordinance are met. Therefore, separate grading permits will not be required for: approved building permits, approved development plans, approved mining permits, and other approved permits as determined by the city.

Subd. 4.

Security. The applicant shall file with the City of Independence a letter of credit or other improvement security in an amount deemed sufficient by the City of Independence to cover all costs of improvements, landscaping, and maintenance of improvements for such period as specified by the City of Independence for engineering and inspection costs and to cover the cost of failure or repair of improvements installed on the site. The amount of the security shall be determined by the city. For commercial development, the security amount shall not be less than 150 percent of the approved estimated cost of performing said work. The estimated cost shall be determined by the city.

Subd. 5.

Review and approval.

(a)

The City of Independence will review each application for a site development permit to determine its conformance with the provisions of this section. Within 60 days after receiving an application, the city shall, in writing:

1.

Approve the permit application; or

2.

Approve the permit application subject to reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or

3.

Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.

(b)

Failure of the City of Independence to act on original or revised applications within 60 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the City of Independence.

Subd. 6.

Permits issued under this section shall be valid for the period during which the proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place.

The plan shall meet the criteria set forth in the most recent version of the standard specifications for developers.

Subd. 1.

Major amendments of the grading, drainage, and erosion control plan shall be submitted to the City of Independence and shall be processed and approved, or disapproved, in the same manner as the original plans.

Subd. 2.

Field modifications of a minor nature may be authorized by the designated official by written authorization to the permittee.

Grading, erosion and sediment control practices shall be adequate to prevent transportation of sediment from the site to the satisfaction of the designated official. The design shall conform to the most recent version of the standard specifications and as specified herein:

Subd. 1.

Clearing and grading.

(a)

Clearing and grading of natural resources protection areas, including Shoreland Overlay District, wetlands or wetland buffers shall not be permitted, except when in compliance all other city ordinances.

(b)

Clearing techniques that retain natural vegetation and retain natural drainage patterns shall be used, to the satisfaction of the designated official.

(c)

Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by the city engineer.

(d)

Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.

(e)

Cut and fill slopes shall be no greater than 3:1, except as approved by the designated official to meet other community or environmental objectives.

Subd. 2.

Erosion control.

(a)

Exposed soil (including stockpiles) must be stabilized according to the following schedule:

(b)

If vegetative erosion control methods, such as seeding, have not become established within 30 days, the designated official may require that the site be reseeded, or that a non-vegetative option be employed.

(c)

On steep slopes or in drainage ways, special techniques shall be used to ensure stabilization.

(d)

At the close of the construction season, the entire site must be stabilized, using a heavy mulch layer, or another method that does not require germination to control erosion.

(e)

Best management practices shall be employed to prevent the blowing of dust or sediment from the site.

(f)

Best management practices that divert upland runoff past disturbed slopes shall be employed.

Subd. 3.

Sediment controls.

(a)

Sediment controls shall be provided and maintained per the standard specifications. All control measures shall be installed prior to commencement of any upstream construction activities.

(b)

Where possible, detention basins shall be designed in a manner that allows adaptation to provide long term stormwater management. Detention basins must be cleaned after permanent erosion control measures are in place or final stabilization has been established. The design of the detention basins shall be per the standard specifications.

(c)

Adjacent properties shall be protected by the use of a vegetated buffer strip where applicable, in combination with perimeter controls.

(d)

Soil stockpiles must be stabilized or covered at the end of each work day unless a perimeter control is in place.

Subd. 4.

Waterways and watercourses.

(a)

When a wet watercourse must be crossed regularly during construction, a temporary stream crossing shall be provided, and all necessary approvals obtained from Department of Natural Resources.

(b)

When in-channel work is conducted, the channel shall be stabilized before, during and after work.

(c)

All on-site stormwater conveyance channels shall be designed to accommodate the design flows and velocities.

(d)

Stabilization adequate to prevent erosion must be provided at the outlets of all pipes.

Subd. 5.

Construction site access.

(a)

A temporary access designed in compliance with the standard specifications shall be provided at all sites.

(b)

Other measures may be required at the discretion of the city engineer in order to ensure that sediment is not tracked onto public streets by construction vehicles, or washed into storm drains.

Subd. 6.

Other.

(a)

Solid waste and hazardous waste controls shall be installed as per the standard specifications and guidelines as established within the NPDES general permit for construction activity.

(b)

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

(c)

Concrete washout areas shall be constructed in conformance with the guidelines as established within the NPDES general permit for construction activity. Concrete washout areas will be required for all construction sites where on-site concrete washout is proposed.

(d)

For sites requiring a NPDES general permit for construction activity, the applicant shall submit the stormwater pollution prevention plan and permit application to the City of Independence for review.

The designated official shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the grading, drainage, and erosion control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City of Independence shall be maintained at the site during the progress of the work. In order to obtain inspections, the permittee shall notify the City of Independence at least two working days before the following:

Subd. 1.

Start of construction.

Subd. 2.

Erosion and sediment control measures are in place and stabilized.

Subd. 3.

Site clearing has been completed.

Subd. 4.

Rough grading has been completed.

Subd. 5.

Final grading has been completed.

Subd. 6.

Close of the construction season.

Subd. 7.

Final landscaping.

The purpose of the inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures.

After final stabilization of the site has been established, the designated official shall inspect the site for compliance with the approved grading, drainage, and erosion control plans.

Any activity that is commenced or conducted contrary to the section or the conditions of the permit may be restrained or otherwise abated in a manner provided by law.

(a)

Notice of violation. When the city determines that an activity is not being carried out in accordance with the requirements of the section, it shall issue a written notice of violation to the owner of the property. The notice of violation shall include:

1.

The name and address of the owner or applicant.

2.

The address or location of the property where the violation is occurring.

3.

A statement specifying the nature of the violation.

4.

A description of the remedial measures necessary to bring the development activity into compliance with this Ordinance and a time schedule for the remedial action.

(b)

Stop work orders. Site operators receiving a notice of violation will be required to halt all construction activities. The "stop work order" will be in effect until the city confirms that the applicant is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation can result in a civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this section.

Subd. 1.

No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this section.

Subd. 2.

Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this ordinance is committed, continued or permitted, shall constitute a separate offense.

Subd. 3.

In addition to the other penalties authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this section shall be required to bear the expense of such restoration.

Subd. 4.

The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal or state law or city ordinances and it is within the discretion of the City of Independence to seek cumulative remedies.

This section is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law.

The provisions of this section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this section.