Ordinance 524CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.524
CHAPTERS 7,18 AND 19
CONCERNING EROSION CONTROL
The code amendment to Chapters 7 and 18 reference Chapter 19 as the requirements for
grading, erosion and sediment control plans. The Amendment to Chapter 19, section 19-145,
provides the standards and requirements for erosion and sediment control plans.
A printed copy of Ordinance No. 524 is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 271h day of June,
2011, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
Todd Gerhardt, City Clerk/Manager
(Published in the Chanhassen Villager on July 7, 2011)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.524
AN ORDINANCE AMENDING CHAPTERS 7,18 and 19
CHANHASSEN CITY CODE
CONCERNING EROSION CONTROL
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 7-22 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Grading and erosion control.
(a) A satisfactory erosion and sediment control plan and grading plan consistent with the
city's surface water management plan and Chapter 19 Section 145 of Chanhassen City
Code must be approved by the city engineer or designee, before a building permit is
issued for construction, if the construction will require an erosion and sediment control
plan under § 19-145.
(b) 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.
(c) All construction activity that results in disturbance of the ground shall comply with the
city's surface water management plan and Section 19-145 of the Chanhassen City Code.
Section 2. Section 18-62 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Erosion and sediment control
(1) The development shall conform to the topography and soils to create the least potential
for soil erosion.
(2) The smallest practical increment of land shall be exposed at any one time during
development.
(3) Detailed requirements for each plat shall be set forth in the development agreement.
(4) Subdivision development shall conform to the city's surface water management plan and
Section 19-145 of the Chanhassen City Code.
Section 3. Section 19-145 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Erosion and sediment control.
(a) Erosion and Sediment Control Plans.
(1) An erosion and sediment control plan shall be required for any land disturbing
activity that meets any of the following conditions:
a. Disturbs 5,000 square feet or more of land area, or
b. Requires the excavation, placement or stockpiling of 50 cubic yards or
more of material, or
C. Any disturbance that is upgradient of and tributary to a water of the State
as defined in Minnesota Statute 115.01, Subd. 22, or
d. Any disturbance of land that is considered "highly erodible" as identified
by the U.S. Dept. of Agriculture Natural Resources Conservation
Service's Web Soil Survey application or equivalent, or
e. Any land disturbance within the Bluff Creek Overlay District, or
f. Any time an earthwork permit is issued, or
g. An erosion and sediment control plan may be required after the fact if it is
determined that sediment has migrated off of a construction site.
(2) This shall be a standalone document that shall include the following:
a. Site plans for existing and proposed conditions drawn to an appropriate
scale. The plans shall include the following:
Site location in relation to surrounding roads, steep slopes and/or
bluff areas, other significant geographic features, buildings and
other significant structures.
2. Site property lines.
Area of disturbance.
4. Drainage boundaries and direction of drainage pre- and post -
development.
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Location of surface water features as defined in MN Statute
115.01, Subd. 22 including but not limited to storm sewer inlet
structures, wetlands, ponds, streams, lakes, on or immediately
adjacent to the site, and all appropriate setbacks from these
features.
6. Identification of all receiving waterbodies and/or stormwater
conveyance systems to which the site discharges. Notation of an
Impaired or Special Management waters status of waterbodies.
7. Location of all trees and vegetation on the site with identification
of what is to be saved. Installation of protective fencing, or other
adequate measure, so as to exclude all fill and equipment from the
drip line or critical root zone of the vegetation to be protected.
8. Existing easements and utilities.
9. Ingress and Egress for equipment and materials
10. Location of stockpiled materials
11. Locations of proposed runoff control, erosion prevention, sediment
control and temporary and permanent soil stabilization measures,
including, but not limited to: inlet protection, perimeter control,
temporary and permanent soil stabilization, concrete wash areas,
slope breaks, energy dissipation, rock construction entrance, silt
curtains.
b. Dewatering Plan, if necessary, shall be provided to the City for review.
The City must be noticed 24 hours prior to the commencement of any
dewatering activities.
C. As site and/or climatic conditions change additional best management
practices may be needed. These changes must be implemented on the site
and incorporated into the erosion and sediment control plan.
d. Where inadequate natural vegetation exists or where it becomes necessary
to remove existing natural vegetation, both temporary vegetative and
permanent vegetative cover shall be addressed in the plans and
specifications.
Six (6") of topsoil shall be incorporated into the final grading or 4" of 60%
sand and 40% compost mix must be ripped into existing soil materials to a
depth of 10" on the site.
(3) Stream bank stabilization and stream bed control structures shall be designed
based on the unique site conditions present including soil conditions, flow rate,
slope and flow velocity and shall be consistent with Part 654 of the National
Engineering Handbook: Stream Restoration Design [H_210 NEH_654 - May
2008 or most recent revision].
(4) If the disturbance exceeds the minimum threshold for the NPDES permit, Erosion
and Sediment Control Plans shall be compliant with NPDES General Stormwater
Permit for Construction Activity (MN R100001). The applicant shall prepare or
cause to be prepared a Storm Water Pollution Prevention Plan (SWPPP) and
provide this plan to the City.
(5) Every effort shall be made to minimize disturbance of existing groundcover.
(6) 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
earthwork and related construction on the site.
(b) Maintenance: The land owner, or permittee shall be responsible at all times for the
maintenance and proper operation of all erosion and sediment control management
practices. Specific maintenance requirements are as follows:
(1) All exposed soil areas must be stabilized as soon as possible to eliminate soil
erosion but in no case later than 14 days after construction activity in that portion
of the site had temporarily or permanently ceased.
(2) The normal wetted perimeter of any temporary or permanent drainage ditch or
swale that drains water from the site, or diverts water around a site must be
stabilized. Stabilization must be completed within 24 hours of connecting to a
surface water. Portions of the ditch that are under construction must be stabilized
within 24 hours after the construction activity in that portion has ceased.
(3) Sediment control practices must minimize sediment from entering surface waters,
including curb and gutter systems and storm sewer inlets.
(4) Sediment control practices must be established on all down -gradient perimeters
before any up -gradient land disturbing activities begin. These practices shall
remain in place until the City has determined that the site soils have been
permanently stabilized.
(5) All storm drain inlets must be protected by Best Management Practices as shown
in the most current edition of City of Chanhassen Standard Specifications & Detail
Plates during construction until all sources with potential for discharging to the
inlet have been stabilized.
(6) Pipe outlets must be provided with temporary or permanent energy dissipation
within 24 hours of connection to a surface water.
F.
(7) In order to maintain sheet flow and minimize rills and gullies, there shall be no
unbroken slope length of greater than 30 feet for slopes with a grade of 3:1 or
steeper.
(8) Temporary stockpiles must have effective sediment controls in place to prevent
discharge to surface waters including stormwater conveyances such as curb and
gutter.
(9) Site access roads (entrances to construction sites) shall be graded or otherwise
protected with silt fences, diversion channels or dikes and pipes to prevent
sediment from exiting the site via the access road. Primary site access roads shall
be surfaced with crushed rock or wood chips. The rock entrance shall extend for a
minimum distance of 75 feet (150 for wood chips) beginning at existing paved
surface; length may be reduced or lengthened at the discretion of the City Engineer
based upon site considerations. All construction traffic shall utilize the entire
length of the rock entrance.
(10) Soil tracked from the site by motor vehicles shall be cleaned from paved roadway
surfaces at least daily or as needed throughout the duration of construction.
Roadway cleaning shall be the responsibility of the party or parties having a permit
with the City. If the tracked soil is not cleaned in a timely manner, the City may
elect to clean the surface and invoice the responsible party.
(11) During construction of an infiltration or biofiltration system, rigorous prevention
and sediment controls must be used to prevent the discharge of sediment into the
infiltration/biofiltration area. Infiltration/biofiltration areas must not be excavated
to final grade until the contributing drainage area(s) has been constructed and
finally stabilized. Infiltration/biofiltration areas shall be protected from heavy
equipment operation.
(12) Dewatering or basin draining (e.g. pumped discharges, trench/ditch cuts for
drainage) related to the construction activity that may have turbid or sediment
laden discharge water must be discharged to a temporary or permanent
sedimentation basin on the site whenever possible. If water cannot be discharged
to a sedimentation basin prior to entering the surface water, it must be treated with
the appropriate BMPs, such that the discharge does not adversely affect the
receiving water or downstream landowners.
(13) Inlet protection devices and all perimeter control shall be maintained once
sediment accumulates to a depth 1/3 of the designed capacity.
(14) Detention basins may be used as temporary sediment retention during the
construction phase. Upon final stabilization and before final approval,
accumulated sediment must be removed to restore the required permanent pool
volume in the detention area and an as -built survey showing this must be provided
to the City.
5
(c) Inspections and Notifications
(1) Work sites must be inspected once every seven days and within 24 hours of a 1.0
inch rainfall event to assure that all sediment and erosion control elements are
working effectively.
(2) Inspection and maintenance records must be maintained and retained with the
erosion control plan. Upon request, the inspection records must be made
available to the City within 24 hours.
(3) The City may contract inspections out to the Carver County Soil and Water
Conservation District or other entities. The City may pass the costs on to the
applicant.
(4) The applicant or its authorized agent shall notify the City in writing at the
following points:
a. On completing installation of perimeter erosion and sedimentation
controls.
b. On completing land -disturbing activities and putting into place measures
for final soil stabilization and revegetation.
C. Whenever any site dewatering is proposed to take place.
d. When the site has been permanently stabilized and re -vegetated.
When all temporary erosion and sedimentation controls have been
removed from the site.
(d) Financial Assurance
(1) To guarantee compliance with the plan, and related remedial work, a 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 shall be not less than $250.00 but
may be greater than $250.00 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 $7,500.00 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. The
assurance shall be maintained until final stabilization and removal of erosion and
sediment controls.
Section 4. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 27th day of June, 2011, by the City Council of the City of
Chanhassen, Minnesota.
Tod Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Summary Ordinance published in the Chanhassen Villager on July 7, 2011)
7
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE
NO. 524
CHAPTERS 7,18 AND 19
CONCERNING EROSION
CONTROL
The code amendment to Chap-
ters 7 and 18 reference Chapter 19
as the requirements for grading,
erosion and sediment control plans.
The Amendment to Chapter 19, sec-
tion 19-145, provides the standards
and requirements for erosion and
sediment control plans.
A printed copy of Ordinance
No. 524 is available for inspection
by any person during regular of-
fice hours at the office of the City
Manager/Clerk.
PASSED, ADOPTED, AND AP-
PROVED FOR PUBLICATION this
27th day of June, 2011, by the City
Council of the City of Chanhas-
sen.
CITY OF CHANHASSEN
Todd Gerhardt, City Clerk/
Manager
(Published in the Chanhassen
Villager on Thursday, July 7, 2011;
No. 4526)
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. '
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijklmnopgrstuvwxyz
By:
Laurie A. Hartmann
Subscribed and sworn before me on
this day of,�,L } 112011
,JYMME J. BARK
i NOTAFAY F�"LJ ;LIC - MINNESOTA
My t OMriiissicr, txp;res 01/31/2013
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Notary Public
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