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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 Page 2 — Ordinance No. 1011 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 Page 3 — Ordinance No. 1011 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; Page 4 — Ordinance No. 1011 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. Page 5 — Ordinance No. 1011 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. Page 6 — Ordinance No. 1011 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. Page 7 — Ordinance No. 1011 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. W *11-11;4"; WILLIAM J. - MAYOR ATTESTED: 11 ∎∎.�/IAA WILLIAM A. CHAMPA - CITY I LERK First Reading: April 19, 1993 Second Reading: May 3, 1993 Publication: May 11, 1993