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Ordinance 441CITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.441 AN ORDINANCE AMENDING CHAPTER 7 CHANHASSEN CITY CODE, BUILDINGS AND BUILDING REGULATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered Section 7-19 (20) which shall read as follows: Location and type of erosion and sediment control measures to be installed by permit holder. Section 2. Section 7-22 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) A satisfactory erosion and sediment control plan and grading plan consistent with the city's Surface Water Management Plan must be approved by the city engineer or designee before a • building permit is issued for construction, if the construction will result in disturbing the soil. The erosion and sediment control plan shall be illustrated and summarized, by the applicant at the time of application. Guidance documents shall be listed in the Surface Water Management Plan and on the city website. To guarantee compliance with the plan a $500.00 cash escrow or letter of credit, satisfactory to the city, shall be furnished to the city before a building permit is issued. The escrow amount may be greater than $500.00 if, after review of the site, the city deems it necessary to require a greater amount to guarantee compliance. The maximum escrow allowable per parcel is $5,000.00 per acre. The city may use the escrow or draw upon the letter of credit to reimburse the city for any labor or material costs it incurs in securing compliance with the plan or in implementing the plan. If the city draws on the escrowed funds, no additional building permits shall be issued until the pre -draw escrow balance has been restored. The city shall endeavor to give notice to the owner or developer before proceeding, but such notice shall not be required in an emergency as determined by the city. (b) The grading and erosion control plan must be consistent with the approved grading plan for the plat in which the property is located, if any. (c) Every effort shall be made to minimize disturbance of existing ground cover. No grading or filling shall be permitted within 40 feet of the ordinary high water mark of a water body unless specifically approved by the city. • 0 • • (d) Every effort shall be made during the building permit application process to determine the full extent of erosion control required. However, the city engineer may require additional controls to correct specific site related problems as normal inspections are performed. (e) All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading. Noncompliance with the grading and erosion control plan shall constitute grounds for an order from the city engineer to halt all construction. (f) All construction activity that results in disturbance of the ground shall comply with the city's Surface Water Management Plan. (g) If the erosion and sediment control measures have not been installed or maintained properly, the city reserves the right to stop further work. (h) Temporary or permanent erosion control shall be installed on all exposed soils not actively being graded consistent with conditions of NPDES construction permit or as detailed in the 2005 MN DOT construction specification handbook, specification 2575. Section 3. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 7-34 (4), which shall read as follows: Obtain all applicable permits as required and work within the requirements of the permits. Section 4. Section 7-35 (b) (12) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Plans for drainage, erosion and sediment control and dust control. Section 5. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 121h day of February, 2007, by the City Council of the City of Chanhassen, Minnesota T d Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on February 22, 2007) 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NIINNESOTA ORDINANCE NO.441 AN ORDINANCE AMENDING CHAPTER 7 CHANHASSEN CITY CODE, BUILDINGS AND BUILDING REGULATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. The City Code, City of Chanhassen, Minnesota, is Affidavit of Publication hereby amended by adding a section to be numbered Section 7-19 (20) which shall read as follows: Location and type of erosion Southwest Suburban Publishing and sediment control measures to be installed by permit holder. Section 2. Section 7-22 of the State of Minnesota) City Code, City of Chanhassen, Minnesota, is hereby amended to )SS. read as follows: (a) A satisfactory erosion and County of Carver ) sediment control plan and grading plan consistent with the city's Surface Water Management Plan must be approved by the city engineer or designee before a Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized building permit is issued for agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- construction, if the construction lager and has full knowledge of the facts herein stated as follows: will result in disturbing the soil. The erosion and sediment control A These newspapers have com lied with the requirements constituting qualification as a legal plan shall be illustrated and ( )P 9 g q g summarized, by the applicant at newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as the time of application. Guidance amended. documents shall be listed in the Surface Water Management Plan (B) The printed public notice that is attached to this Affidavit and identified as No. and on the city website. was published on the date or dates and in the newspaper stated in the attached Notice and said To guarani e ce with Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the plan a $500.00cash or f the lower case alphabet from A to Z both letter of credit, satisfactory to the the newspaper specified. Printed below is a copy o p , city, shall be ftmished to the city inclusive, and is hereby acknowledged as being the kind and size of type used in the composition before a building per is issued. and publication of the Notice: The escrow amount may be greater than MAO if, after review of the abcdefghijklmnopgrstuv z site, the city deems -it necessary to require a greater amount to guarantee compliance. The maximum escrow allowable per By parcel is $5,000.00 per acre. The city Laurie A. Hartmann may use the escrow or draw upon the letter of credit to reimburse the city for any labor or material costs it Subscribed and sworn before me on incurs in securing compliance with the plan or in implementing the plan. If the city draws on the escrowed _ �) funds, noadditionalbuildingpermits =—day shall be issued until the pre -draw this of , 2007 escrow balance has been restored. GWEN M. RADUENZ The city shall endeavor to give notice to the owner or developer before NOTARY PUBLIC - MINNESOTA proceeding, but such notice shall not My Commissbn Expires Jan. 31, 2010 be required in an emergency as determined by the city. (b) The grading and erosion Notary Public control plan must be consistent with the approved grading plan for -the plat in which the property is located, if any. . (c) Every effort shall be made to minimize disturbance of existing ground cover. No grading or filling RATE INFORMATION shall be permitted within 40 feet of the ordinary high water mark of a Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch water body unless specifically Maximum rate allowed by law for the above matter ................................ $40.00 per column inch approved by the city. . - . __ _«__ Q> > QQ rnPr rohimn inch (d) Every effort shall be made �' _ � a � Z tW46 y E 4 0 w �, .o N �, 4-1 ""+�L''' °a°ii ai°. °co0.0 °.0 CZ CU0 off° o �� �'o during the building permit w E .n ° W 0 �, �, A + O i,•, N b ° z application process to determine the o u, ° 0 ,.o 0 0 .� �, .� ,..., �, �, �, c� fullextentoferosioncontrolrequired. 0 a� �" a c ° '`'' +' z •" U 4 •� `�'° .o c 0 A O ° Cd However, the city engineer may c �, .� •° c •.� �, ,.� .� � � � Up N require additional controls to correct � .0 •� > 0 : � �, 0 8 a �, � � v-,� � .� a� 3 � M � � � ,� � � � N specific site related problems as ° 3 ao cZ 0 ° ,a at o W ,o ° U `� °' ° o O p pectinr�$. ar xfbrmed. .�1.0 o •ti o N �' v 3 '.o ° = t '0 ° •� c e 0rtf idil� bpi l tbt d'tl'i'i` v .0 p' c a� . ,� %a� ° •.: Q, ° }' the approved plan shall be installed o ,� ° c, 0 a-6 :� a� .� ° v .[ .. o prior to the initiation of .any site �, ? O c y , A c co 3 �, a� w grading. Noncompliance with the ° o Ei c CA)c '� .o o . ° o o a, Ts A W 0 grading and erosion control plan ,� o 3 ° 0 0 ° Ts ° b'° 'd °' v w - 0 � o � .b shall constitute grounds for an order 'd 0 to o °' . a or- �' °� g .� o ° a� �,, ° ' from the city engineer to halt all v� `� "� " '� b W �' O "" '" `� Q a as ° A ° o �' U �,.o�,�, aiazs 0b row construction. �, °� .0 °' p� 00 ,� �, C W •E 0 0 � e .�'b �' E-4 M