Subd. 1.   Intent. The intent of this ordinance is to ensure that alteration to the topography of the land is planned and controlled:

   (1)   to conform to and complement the City's drainage plan;

   (2)   to prevent overburdening any part of the City's existing drainage system;

   (3)   to protect adjacent land and property from physical harm, additional water runoff, unsightly conditions, dust and debris;

   (4)   to prevent pollution caused by soil erosion and sedimentation;

   (5)   to ensure that altered land does not become a health or safety hazard, or stand in violation of the ordinance;

   (6)   to establish minimum uniform limitations and requirements to ensure property planning and control of items one through five above for all land within the City.

Subd. 2.   Definitions. Under this ordinance, land alterations so defined as changing the topography of the land so as to alter the grade by depositing, excavation, or re-grading ten (10) or more cubic yards of dirt, soil, sand, clay, rock or other earth materials. Land alterations shall not include the excavation, removal, moving or storage of earth materials necessary for the construction of some pending structure, for which a building permit has been issued, and which is to be erected immediately following the excavation, removal, moving or storage of such materials. Land alteration shall not include the depositing, excavation or moving of earth materials for construction of roads, sewer lines, storm sewers, water mains, or surface water drainage.

Subd. 3.   Annual Permit Required. Land alteration in all districts shall be allowed only by annual permit issued by the City. Land alteration in flood plains shall be in accordance with the flood plain ordinance.

The permit application shall be obtained from the City Clerk. The fee for the permit shall be as set forth in Chapter 212.02 (24). (Amended by Ordinance 87-10, Passed September 22, 1987.)

Persons, partnerships, companies or corporations now conducting land alteration as defined by the ordinance, and for which this ordinance requires a permit may continue such operations, but within 60 days of the effective date of this Ordinance shall make application for a permit and shall include a finished grading plan and land restoration plan. Failure to do so shall be a violation of this ordinance; however, on request, and for reasonable cause, the City Council may extend the time for the initial application to ninety (90) days. If application is not made within the required time, all land alteration operations shall be terminated.

The City Council may terminate land alteration permit for violation of this ordinance or a condition of the permit. or for other cause. To terminate a permit, the City Council shall give notice of the violation or other cause for the termination along with an order that the condition be remedied. If the condition has not been remedied to satisfaction within a two week period, the City Council shall determine whether the permit should be terminated. No land alteration shall take place after the permit is terminated.

Subd. 4.   General Provisions. Approval of the land alteration shall be granted by the City Administrator with the right to appeal to the City Council only after:

   (1)   A finished grading plan; and

   (2)   A land restoration plan have been approved by the City Administrator according to the requirements of this ordinance and are attached as part of the permit application, and the required fee has been paid.

The finished grading plan and the land restoration plan shall complement the City's drainage plans and shall not overburden any part of the existing City drainage system. Land alteration shall not adversely effect adjacent land or property and shall as much as possible retain. gently rolling topography in substantial conformity with the immediately surrounding land. The plans shall be prepared in accordance with requirements set by the City Engineer and/or the City Administrator under authority of this ordinance.

A finished grading plan shall consist of not less than a written description of:

   (1)   The maximum number of cubic yards of material to be deposited, excavated or re-graded;

   (2)   The start and finish dates for land alteration;

   (3)   Any change in water runoff and drainage caused by the land alteration; and

   (4)   The measures will be used to:

      (a)   Prevent pollution caused by soil erosion and sedimentation.

      (b)   Ensure that altered land does not become a health or safety hazard.

      (c)   Protect adjacent property.

In addition, the City Administrator may require that the finished grading plan also include:

   (1)   A certified survey by a registered surveyor.

   (2)   Topographic data, including contours at vertical intervals specified by the City Engineer or City Administrator and/or

   (3)   A written description of types of land materials to be deposited or excavated, conditions for the general maintenance of the site, controls for vehicular ingress and egress, conditions for control of materials disbursed from wind or during hauling materials to or from the site, or any other conditions deemed necessary to ensure conformance with the intent of this ordinance.

The land restoration plan shall be designed to prevent soil erosion by wind and water, sedimentation, gullying, and other detrimental effects as determined by the City Administrator and/or City Engineer.

A land restoration plan shall consist of not less than a written description of:

   (1)   The vegetation and ground cover to be used in restoring disturbed land.

   (2)   Land restoration start and finish dates.

   (3)   How the land restoration plan will prevent soil erosion by wind and water, sedimentation, and gullying.

In addition, the City Administrator may require a landscape plan showing the locations and types of vegetation and ground covers to be used on the site which shall conform to the requirements set by the City Administrator and other sections of the ordinance; and/or any other written or descriptive materials to ensure conformance with the intent of this ordinance and all other City regulations.

(Section 1007 Added by Ordinance 86-15, passed November 25, 1986)