Ordinance No. 1011 05-03-1993 ORDINANCE NO. 1011
AN ORDINANCE ESTABLISHING CHAPTER 208 ENTITLED
"EROSION CONTROL" TO THE FRIDLEY CITY CODE
The City Council of the City of Fridley does ordain as follows:
CHAPTER 208
EROSION CONTROL
208.01. PURPOSE AND INTENT
The intent of this ordinance is to eliminate soil erosion whenever possible; and,
in circumstances where elimination is not feasible, the ordinance requires
activities to control soil erosion and sedimentation. The purpose of this
ordinance is to establish standards and specifications for conservation practices
and planning activities which eliminate or minimize soil erosion and subsequent
sedimentation.
208.02. DEFINITIONS
The following terms have the meanings given them in this chapter:
1. Conservation plan and time schedule. A document listing a set of practices
that when implemented will decrease soil erosion to the soil loss limits on a
particular parcel of land. The "time schedule" sets times to implement, make
satisfactory progress, and complete the conservation plan.
2. Conservation practices.
A. Practices and standards containing a definition, purpose, and
conditions under which the practice applies, including design requirements,
and specifications containing a statement of details required for
installing a conservation practice, including kinds, quality and quantity
of work and materials needed to meet the standards.
B. A conservation practice may be a permanent or temporary vegetative
or structural measure that when applied to the land, will contribute to
the control of wind and water erosion and sedimentation. Conservation
practices may be used in a development activity area or an agricultural
use area.
C. Permanent practices are those that have an effective life of ten
years or more and include grassed waterways, terraces, water control ti
structures, grade stabilization structures, sediment retention structures,
water and sediment control basins, and other permanent practices approved
by the City.
D. Temporary practices include fabric filter barriers, filter strips,
storm water inlet and outlet protection and any other cultural practices
approved by the City.
3. Development activity. A physical disturbance to the land which may result
in sedimentation of adjacent lands or waters. These activities include, but are
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not limited to; clearing, grading, excavating, transporting, draining and filling
lands.
4. District. The Anoka County Soil and Water Conservation District.
S. Erosion. Any process that wears away the surface of the land by the action
of water, wind, ice or gravity.
6. Excessive soil loss. Soil loss which causes sedimentation on adjoining
land or in a body of water, water course, or wetland.
7. Field Office Technical Guide. The guide developed by the United States
Department of Agriculture, Soil Conservation Service. The technical guide
contains methods and procedures by which the various types of erosion can be
estimated and conservation practice standards and specifications required in the
application of soil and water conservation practices.
8. Sediment. Solid mineral or organic material, that, in suspension, is being
transported, or has been moved from its original site by air, water, gravity,
or ice and has been deposited at another location.
9. Sedimentation. The process or act of depositing sediment that, upon
inspection, is determined to have been caused by erosion.
10. Soil. The unconsolidated mineral and organic material on the immediate
surface of the earth that serves as a natural medium for growth of land plants.
208.03. TECHNICAL GUIDES
The following handbooks are adopted by reference:
1. Field Office Technical Guide of the United States Department of
Agriculture, Soil Conservation Service.
2. Soil Survey of Anoka County, developed by the United States Department of
Agriculture, Soil Conservation Service.
3. Minnesota Construction Site Erosion and Sediment Control Planning Handbook.
4. Protecting Water Quality In Urban Areas, Best Management Practices for
Minnesota, developed by the Minnesota Pollution Control Agency.
208.04. CONSERVATION PLAN SUBMISSION REQUIREMENTS
1. Prior to any development activity and in conjunction with a building permit
or land alteration permit, a conservation control plan and time schedule shall
be submitted and approved as provided herein. The plan shall identify measures
and practices to prevent erosion, excessive soil loss, or sediment from damaging
adjacent land, bodies of water, water courses, or wetlands.
2. The conservation plan and time schedule must specify how erosion and damage
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to other lands and regions will be minimized during the construction process.
Temporary and permanent measures shall be addressed. These methods include, but
are not limited to, the use of: temporary and permanent seedings, fabric,
plastic, or straw barriers, mulch, sediment control basins, or other conservation
practices adequate to prevent erosion and sediment damage.
3. A conservation plan is not required for the following development
activities:
A. minor land disturbance activities such as home gardens and individual
residential landscaping, repairs, and maintenance work;
B. construction, installation, maintenance of above ground electric and
telephone utility lines or individual service connection to the utility
lines;
C. preparation for single-family residences separately built on lots
with slopes less than twelve (12) percent, unless in conjunction with
multiple construction in subdivision development;
D. disturbance of land areas less than 9,000 square feet for commercial
or noncommercial uses, except that the City may reduce this exception to
a smaller area of disturbed land or qualify the conditions under which this
exception applies;
E. installation of fence, sign, telephone and electric poles and other
kinds of posts or poles;
F. emergency work and repairs to protect life, limb or property; and
G. federal, state, county, and municipal road construction designed and
installed according to standard specifications.
4. The following must be addressed in developing and implementing a
conservation plan:
A. Stabilization of denuded areas and stock piles;
B. establishment of permanent vegetation;
C. protection of adjacent areas;
D. timing and stabilization of sediment trapping measures;
E. use of sediment basins;
F. stabilization of cut and fill slopes;
G. storm water management for controlling off-site erosion;
H. stabilization of water ways and outlets;
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I. storm sewer inlet protection;
J. working in or crossing water bodies;
K. underground utility construction;
L. construction access roads;
M. disposition of all temporary measures;
N. maintenance of all temporary and permanent urban conservation
practices; and
0. storm water runoff quality.
5. The time schedule accompanying the conservation plan must establish
deadlines for the implementation and completion of each phase or element of the
conservation plan.
6. The Field Office Technical Guide, the Minnesota Construction Site Erosion
and Sediment Control Planning Handbook, or the Minnesota Pollution Control
Agency's "Protecting Water Quality in Urban Areas" shall be the minimum planning
standard for a conservation plan. Any other procedures must be approved by the
City prior to its use.
208.05. CONSERVATION PLAN REVIEW
1. The City may designate the zoning or planning director, building inspector,
engineer or a designee of the Anoka County Soil and Water Conservation District
to review the conservation plan and time schedule.
2. If the City determines that the conservation plan and time schedule will
control erosion and sedimentation, the City shall issue a permit that authorizes
the development activity contingent upon the implementation and completion of
the conservation plan. If the City determines that the conservation plan and
time schedule do not control erosion and sedimentation, the City shall not issue
a permit for the development activity. The conservation plan and time schedule
shall be re-submitted for approval before the development activity can begin.
3. A person engaged in a development activity who does not submit a
conservation plan and time schedule or make satisfactory progress to complete
the plan and schedule is subject to penalties described herein.
4. Occasionally, erosion control strategies will not be feasible or practical
in all instances. When this occurs, the City shall take into account the facts
and peculiarities of the specific situation and make a decision given the
available information and overall circumstances.
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208.06. DESIGN STANDARDS
1. All open channels and ponds shall be designed to prevent damage from a
100-year storm of 24 hour duration.
2. All conveyance systems shall be designed for the 5-year storm of a minimum
20 minute time of concentration.
3. Landscaping, streets, storm sewers, and other drainage and erosion controls
shall be installed as early in the construction schedule as is practical.
4. The area and duration of exposure of disturbed soil shall be kept to a
practical minimum.
5. Whenever feasible, natural vegetation shall be retained, protected, and
supplemented.
6. Where there is inadequate vegetation to protect erosion prone areas during
or after development, temporary or permanent vegetation and/or mulching shall
be established.
7. Cut and fill slopes shall not be steeper than two (2) to one (1) unless
stabilized by a retaining wall or cribbing or as approved by the City Engineer.
8. Cut and fills shall not endanger adjoining property.
9. Fill shall be placed and compacted so as to minimize sliding or erosion
of the soil.
10. Fills shall not encroach on floodways, natural water courses, or
constructed channels.
11. Grading shall not be done in such a way so as to divert water onto the
property of another landowner.
12. Provisions shall be made to prevent surface water from damaging the cut
face of excavations or the sloping surfaces of fills.
13. The use of debris basins, sediment basins, silt traps, or similar measures
may be required to trap sediment in run-off water until a disturbed area is
stabilized. Oil skimmers are required on all temporary or permanent treatment,
detention, or retention ponds.
14. The use of ponds for temporary storm water storage is encouraged to reduce
peak rainfall run-off and peak stream flows.
15. Land shall be developed in increments for workable size such that adequate
erosion and sedimentation control can be provided as construction progresses.
The area exposed shall not be exposed for a period of time exceeding sixty (60)
days, unless otherwise established in the permit. Ground cover shall be
established as soon as possible after work is completed.
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16. Development on slopes over twelve percent (12%) in grade shall not be
considered. On slopes with a grade between six (6) to twelve (12) percent,
development shall be carefully reviewed to ensure adequate measures have been
taken to prevent erosion, sedimentation and structural damage.
18. Erosion and sedimentation control measures shall be coordinated with the
different stages of the development; appropriate control measures shall be
installed prior to development when necessary to control erosion.
19. The following measures shall be taken to control erosion during
construction.
A. Exposed slopes steeper than ten (10) feet horizontal to one (1) foot
vertical shall be sodded to minimize erosion.
B. At the foot of each exposed slope, a channel and berm shall be
constructed to control erosion. The channelized water shall be diverted
to the sedimentation basin (debris basin, sediment basin, or silt trap)
before being allowed to enter the natural drainage system.
C. Along the top of each exposed slope, a berm shall be constructed to
prevent run-off from flowing over the edge of the slope. Where run-off
collecting behind said berm cannot be diverted elsewhere and must be
directed down the slope, appropriate measures shall be taken to prevent
erosion. Such measures shall consist of either an asphalt paved apron or
a method as approved by the City Engineer. At the base of the slope, an
energy dissipater shall be installed.
D. Exposed slopes shall be protected by whatever means will effectively
prevent erosion considering the degree of slope, soil materials, and
expected length of exposure. Slope protection shall consist of mulch,
burlap, jute netting, sod blankets, fast growing seeds or temporary
plantings of annual grasses. A mulch shall consist of hay, straw, or other
approved protective materials. Mulch shall be anchored to the slopes by
an approved method to provide additional slope stability.
E. Control measures, other than those specifically stated above, may
be used in place of the above if it can be demonstrated that they will
effectively protect exposed slopes and are approved by the City Engineer.
F. Temporary erosion control devices shall be installed before existing
ground surface is disturbed and shall be maintained until vegetative cover
is established.
G. Any surface water leaving the site will not adversely impact the
adjoining water quality.
20. When construction work is completed, topsoil meeting MnDOT's Specifications
3877 shall be spread over the developed area and turf establishment started.
The soil shall be restored to the minimum depth of four (4) inches and seed and
mulch worked into the area.
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208.07. SECURITIES
Where a conservation plan is required in conjunction with a building permit,
implementation shall be secured by the requirements of Chapter 205, Section
205.05.06 A(3) .
Where a conservation plan is required in conjunction with a land alteration
permit, a letter of credit, performance bond, or certificate of deposit shall
be required to insure implementation of the conservation plan. The security
shall be five percent (5%) of the value of the work as indicated on the land
alteration permit application.
If the conservation plan is not implemented and maintained during the
construction period, the security shall be cashed by the City and used to
implement said plan. The security shall be deposited with the City prior to
commencement of the project.
208.08. SEVERABILITY
Every section, provision or part of this Chapter is declared separable from every
other section, provision, or part to the extent that if any section , provision,
or part of this Chapter shall be held invalid, such holding shall not invalidate
any other section, provision, or part thereof.
208.09. PENALTIES
Whoever does any act forbidden by this Chapter or omits or fails to do any act
required by this Chapter shall be guilty of a misdemeanor and is subject to all
penalties provided for such violations under the provisions of Chapter 901 of
the Fridley City Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF
MAY, 1993.
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WILLIAM J. - MAYOR
ATTESTED:
11
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WILLIAM A. CHAMPA - CITY I LERK
First Reading: April 19, 1993
Second Reading: May 3, 1993
Publication: May 11, 1993