1c City Code Amendments C OF
690 Cig, Center Drive
PO Box I47
7l,a,hassen, Mi, nesota 55317
Phone
952.937.1900
General Fax
952.937.5739
Enffneegng Depamnent Fax
952.937.9152
:Buil~)~g Deparment Fax
952.934.2524
Web Site
wu,~t~ci, cl~,hasso~.,m.~s ~
MEMORANDUM
TO:
FROM:
DATE:
Scott A. Botcher, City Manager
Teresa J. Burgess, Public Works Director/City Engineer
April 23,2001
SUB J:
Approve Amendment to Chapters 7 & 20 of Chanhassen City Code
Relating to Building Permits
On March 6, 2001 and April 3,2001, the Planning Commission discussed the
proposed revisions to Chanhassen City Code Chapter 20. The staff reports and
meeting minutes are attached. (The meeting minutes from the March 6th meeting are
incorporated into the April 3ra staffreport.)
Chanhassen City Code Chapter 7 does not require a public heating or discussion.by
the Planning Commission so no minutes are attached.
The revisiOns to Chapter 20 are intended to allow staff the ability to tailor the amount
of erosion control escrow to the actual condition, s of the site Without placing an undue-
hardship on the average property o~vner. The existing ordinance restricts the
maximum per lot to $500 regardless of size or environmental sensitivity. In addition,
the existing ordinance limits the maximum escrow per developer regardless of the
number of lots under construction to $5,000. These amounts are inadequate to
protect the City's interests. The revision removes the $5,000 cap and revises the per
lot escrow to $500 up to a maximum of $5,000 per acre.
The revisions to Chapter 7 are caused by the use by the City of the Minnesota State
Building Code'. Changes to this code as well as upcoming adoption of the
International Building Code require the changes. The staff report dated
February 28, 2001 includes a memorandum from Steven Torell detailing the specific
changes and the reasons for them.
Enclosures:
1. Chapter 7 Revisions.
2. Chapter 20 Revisions.
3. Planning Commission Minutes dated April 3,2001.
4. Planning Commission Staff Report dated March 27, 2001.
5. Planning Commission Staff Report dated February 28, 2001.
C:
Kate Aanenson, Community Development Director
Steven Torell, Building Official
Matt Saam, Project Engineer
Dan Remer, Engineering Technician II
G :~ENG\TERESAXstaff reports~staff report-4-23-01 .doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 7 OF THE
CHANHASSEN CITY CODE, THE BUILDINGS AND BUILDING REGULATIONS
The City Council of the City of Chanhassen ordains:
Section 1. Article II. Building Code, Section 7-16, Standards adopted by reference,
{c) (1), is hereby amended by deleting it in its entirety as follows:
(c) (1) UBC Appendix, Chaptcrs 38 and 55.
Section 2. Article II. Building Code, Sec. 7-17. Organization and enforcement is
hereby amended by deleting (a) and (b) in their entirety and replacing as follows:
(a) Thc organization of thc building dcpartmcnt and cnforccmcnt of this articlc shall bc
conducted within thc guidclincs cstablishod by chaptcr 2 of thc Uniform Building Codc.
Co) Thc public safcty dcpartmcnt shall bc thc building codc dcpartmcnt.. Thc
'administrativc attthority shall bc a state building official.
(a) The organization of the building depar~.ment and enforcement of this article shall be
conducted within the guidelines established by the'Minnesota State Building Code and the
administrative sections of the model building code adopted.
Co) The building inspections division shall be the building code department The
administrative attthority shall be a Minnesota certified Building Official.
Section 3. Article II. Building Code, Sec. 7-19 Plans and specifications is hereby amended in
its entirety and replacing as follows:
The building official may require that plans and specifications, required undcr Section
302(b) of thc Uniform Building Codc by the Minnesota State Building Code, include a survey
of the lot upon which the proposed building or construction is to be done, prepared and attested
by a registered surveyor. An original signature is required on the certificate of survey. The
survey shall provide the following information unless otherwise approved by the administrative
authority:
(1) Scale of drawing and north arrow;
(2) Legal description of property;
(3) Dimensions and bearing of front, rear, and side property lines;
(5)
Location of all existing structures on the property, boulevards, streets and right-
of-way, including but not limited to sanitary and storm manholes, hydrants, catch
basins, power poles, phone boxes, fences, and any encroachments;
(6)
(7)
Outside dimensions of proposed structure(s) including decks, proches, retaining
walls (include elevations at bottom of footing and top of wall), stoops, stairs,
cantilevers, fireplaces, bay and bow windows, egress.window wells;
Location of a benchmark stake established by the surveyor at the front setback
line within twenty (20) feet of the proposed structure. Maintenance of the
benchmark stake once established by the surveyor shall be the responsibility of
the permit applicant;
(8) Location of stakes established by the surveyor on side property lines at:
a. Front setback line.
b. Front building line.
c. Rear building line.
The maintenance of these stakes once established by the surveyor shall be the
responsibility of the permit applicant; -
Location of first floor elevation of buildings on'itdjacent lots. Vacant adjacent
lots shall be labeled as such;
(10) Location of all easements of record including but not limited to tree
preservation, wetland conservation, cross-access, etc.;
(11) Existing and proposed elevations at the following locations:
Each lot comer.
b. Top of curb or centerline of street at each lot line extension.
c. Center of proposed driveway at curb.
d. Grade at comers of proposed structure.
e. Lowest floor level, top of black foundation, garage slab.
(12)
f. All elevations shall correspond to sea level datum of 1929.
Indication of direction of surface water drainage by arrows;
(13) Erosion control Tree removal, tree preservation and grading plan if required by
Chapter 20 or the development contract;
(14) Wetland boundaries with ordinary high water level and 100-year flood elevation
if applicable;
(15) Driveway grade (minimum-0.50%, maximum-10%);
(16) All trees in excess of six (6) inches in diameter (diameter measured at four (4) feet
above grade);
(17) All custom graded lots and lots deviating from thc approved grading plan shall
r~uirc an as built survey submitted to thc City prior to issuing a certificate of
occupancy;
(18) Wetland buffer areas and wetland or lake setback dimensions;
(19) Other information as required by the City.
Section 4. Article II. Building Code, Sec. 7-21. Certificate of Occupancy, is hereby
amended by deleting it in its entirety as follows:
Sec. 7 21. Certificate of Occupancy. N.o building or,structure except group U
occupancies shall bc used or occupied, until thc building official has issued a certificate of
occupancy.
Section 5. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this of ,
2001.
ATTEST:
Scott A. Botcher, City Manager
(Published in the Chanhassen Villager on
g:kadrainkord',chapter 7 amendments.doc
Linda C. Jansen, Mayor
SUMMARY ORDINANCE NO.
BUILDING CODE ORDINANCE AMENDMENT
The purpose of this ordinance amendment is to correct building code adoption references,
correct and clarify administrative provisions and revise the requirements for information to be
included on surveys.
Passed and adopted by the City Council this ~ day of
,2001.
(Published in the Chanhassen Villager on
Scott A. Botcher
City Manager
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 18 AND 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
CONCERNING GRADING AND EROSION CONTROL
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. ARTICLE III. DESIGN STANDARDS, Section 18-62(a) Erosion and
sediment control is hereby amended to read as follows:
(a) The development shall conform to the topography and soils to create the least
potential for soil erosion. Four (4) inches of topsoil shall be replaced on all disturbed areas.'
SECTION 2. Section 20-94 of the Chanhassen City Code is amended to read:'
See. 20-94. Grading and Erosion Control.
(a) A satisfactory erosion control and grading plan consistent with the City's Best
Management Practices Handbook must be approved by the City Engineer before a building
permit is issued for construction, if the construction will result'tn disturbing the soil. To
guarantee compliance with the plan a $500.00 cash escrow or letter of credit, satisfactory to the
Cit3; 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 required 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. Areas where the finished slope
will be steeper than five (5) units horizontal to one (1) vertical shall be specifically noted. Also,
location of erosion control devices shall be clearly labeled.
(c) Every effort shall be made to minimize disturbance of existing ground cover. No
grading or filling shall be permitted within forty feet (40') of the ordinary high water mark of a
water body unless specifically approved by the City. All disturbed areas shall be replaced
with a minimum of four inches (4") of topsoil or black dirt. To minimize the erosion
potential of exposed areas, restoration of ground cover shall be provided within five (5) days
after completion of the grading operation.
(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 Construction Site Erosions and Sediment Control Best Management Practices
Handbook, as amended.
SECTION 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this
City Council of the City of Chanhassen.
ATTEST:
Scott Botcher, Clerk/Manager
day of
· - Linda Jan§en, Mayor
,2001, by the
(Published in the Chanhassen Villager on
,2001).
g:.Xadmin~ord\grading erosion oM.doc
SUMMARY ORDINANCE NO.
GRADING AND EROSION CONTROL
ORDINANCE AMENDMENT
The purpose of this ordinance amendment is allow an increase in the escrow amount if
deemed necessary and require a minimum of four inches (4") of topsoil or black dirt on all
disturbed areas.
Passed and adopted by the City Council this ~ day of
,2001.
(Published in the Chanhassen Villager on
Scott A. Botcher
City Manager
Planning Commission Meeting- April 3, 2001
without a side yard variance on that side of the house. Therefore I think at least Option number 1 needs
to be recommended for denial. Option number 4 is not before us. I guess I could see the applicant hasn't
made the applicant for the whole subdivision be reviewed or public hearing. We could recommend that
to the City Council. I don't have a problem with that and see what the neighborhood has to say but
Option number 1 should be recommended for denial. That's all I have.
Sidney: Okay.
Slagle: Madam Chair, I had fully been prepared to participate in this discussion until I entered the room
today and saw Terri, the applicant and she is one of my clients, although her name has changed since the
last time we had worked together so that's why I didn't draw the conclusion so I really think in this case I
should abstain.
Sidney: Okay, thank you. And I guess my comments are similar to Commissioner Karlovich's in that I
think that the applicant was brought forward having to do specifically with these twin homes and I feel
uncomfortable expanding it to all of Chanhassen Estates. And the other option still require a lot of work
to make them viable and because of that I feel that this request should be denied and the vote thusly. So
can I have a motion please.
Karlovich: Madam Chair I would move that the action in front of us right now, the option number 1 to
firm that up a little bit, that we recommend to the City Council that the applicant to subdivide 8004 and
8006 Erie Avenue as presented to us be denied.
Sidney: Second?
Sacchet: I second that. .~
Karlovich moved, Sacchet seconded that the Planning Commission recommend denial of the
request for preliminary plat to subdivide Lot 2, Block 2, Chanhassen Estates 2na Addition into two
lots with variances, located at 8004 and 8006 Erie Avenue. All voted in favor and the motion
carried unanimously 5 to 0. Rich Slagle abstained.
CONSIDER AMENDMENTS TO C -HAPTER 18. SUBDMSION ORDINANCE AND CHAPTER
20. ZONING ORDINANCE REGARDING THE SEC. 20-94. GRADING & EROSION
CONTROL.
Mahmoud Sweidan presented the staff report on this item.
Sidney: Any questions from commissioners please?
Kind: Madam Chair, I do have a question. I'm just wondering how you arrived at the 5,000. Is that a
worst case scenario of a hill just totally slides away it would be covered if we have to repair it?
Sweidan: Actually it was 5,000 but from our staff experience due to the last few years, they noticed that
they are reaching this amount and they are taking the position that more for bigger size development
which may have it. And to avoid that instance you know in the future, it's going to reach and to be more
than 5,000 so that's why they estimated this 5,000 per acre.
13
Planning Commission Meeting - April 3,2001
Saam: If I could add something also. I did a rough estimate of a 1 acre site. I said say we have a 1 acre
site, 43,000 square feet. It's a square site so it's about 200 square feet on each side. Put a silt fence
around the whole thing at $3.00 a lineal foot. I came up with $2,500 and then, well what if there's a hill
where we want an erosion control blanket, that price is also about $3.00 a square yard. If you have a 800
square yard hill, that's another $2,500 so with the combination of the silt fence and any other
environmentally sensitive areas on the site, I think it's a reasonable amount, $5,000 so that's one example
of how it would work.
Kind: I'm assuming that you decided that to come up with prices per linear foot and some sort of table
that developers can refer to was just too complicated and that just putting a dollar cap was the way to go.
Saam: Yeah, and as we discussed some at the last meeting, this was we thought then you'd have to raise
them every few years and have to come back and ask for a commission to do that so just to avoid that, we
thought we'd just have an amount per acre.
Kind: But we will have to raise this number too over the years.
Saam: Maybe in 20 years but I don't think we have to every year. I don't knoW, do you?
Kind: No, thank you.
Sidney: Any other questions? I'd like to open this up for public hearing. May I have a motion please~
Sacehet moved, Karlovich seconded to open the public hearing. All voted in favor and the motion
carried. The public hearing was opened.
..
i
:.
Sidney: Anyone wishing to address the commission on this item, Please come forward.
(There was a tape change at this point in the discussion.)
Karlovich: ...draft ordinance, which is the last few pages of this item, I was just wondering why is
MnDot in the title up on the top? And then in paragraph (c), after the word for and then there's 4" within
parenthesis. I think we can simply put inches in there.
Aanenson: If I can clarify that. That was part of another code amendment. We had 3 or 4 that was part
of the same section. Instead of carrying this part forward, we just held it all back and to get this part, the
Planning Commission asked for clarification. So all of this will be carried forward. The 4 inches was
another amendment that was noticed at your last public hearing so this entire thing will go forward but
it's the same section of the code. So that was addressed at the last Planning Commission. They did
recommend approval of that amendment that's shown in bold.
Karlovich: I think the word inches should go in there. After the parenthesis.
Aanenson: Okay, yeah. Thank you.
Sacchet: Yeah Madam Chair. Question too of more linguistic interest. In paragraph (a), in the middle it
says the maximum escrow required for parcel is $5,000 per acre. I think that should probably say the
maximum escrow allowable per parcel is $5,000 per acre, not required. Because that's not, the $5,000 is
not what's required. That's the maximum allowable, okay. That's something that's a miss edit. That
14
Planning Commission Meeting- April 3,2001
needs to be lined up. Other than that I think it's a straight forward shot. I'm happy with the 5,000 as a
ceiling. I hope that's not going to be changed too frequently and I think it allows the intent that was
stated that we try to accomplish here that in cases where there is a need, it can be more than 500.
Sidney: Okay. May I have a motion please.
Sacchet: Madam Mayor, I move.
Sidney: That's 3 times.
Sacchet: Madam, oh Chair. Mayor and Chair. Alright, the mayor and the chair. Madam Chair, alright
not quit yet the mayor. And I move that we adopt the ordinance amending Chapter 20 of the Chanhassen
City Code, the City Zoning Ordinance concerning ~ading and erosion control as proposed. With two
changes. Well actually three changes. That we don't say Minnesota Department of Transportation in the
title. That we say allowable instead of required in the middle of paragraph (a) and I do agree with Mr.
Karlovich that feet and inches would be more easily understandable than the single and double squiggles.
Kind: I'll second that motion.
Sacchet moved, Kind seconded that the Planning Commission recommends approval of
amendments to Chapter 18, Subdivision Ordinance and Chapter 20~ Zoning Ordinance regarding
Section 20-94, Grading and Erosion Control ~vith the following amendments:
1. Deleting "Minnesota Department of Transportation" in the title.
2. Using the word "alloWable'' instead of"reqUired" in the middleof paragraph (a).
3. Inserting the word "inches" after (4") in paragraph (c).
All voted in favor and the motion carried unanimously 6 to 0.
PUBLIC HEARING:
REOUEST FOR A PERMIT FOR FILLING OF 2,000 SO. FT. (0.05 ACRES) OF WETLAND
FOR ROAD CONSTRUCTION LOCATED AT 3675 ARBORETUM DRIVE, MINNESOTA
LANDSCAPE ARBORETUM.
Lori Haak presented the staff report on this item.
Sidney: Questions&staff.
Sacchet: Yeah, Madam Chair. Well first of all I had a fantastic adventure trying to read this blueprint.
Trying to figure out where is actually road and stuff. I mean the parking lots are somewhat clear because
of the little parallel, sort of parallel lines but I just want to clarify, make sure I got this right. There is
really like almost a circle road around the parking lot, right? I mean there's a road on the north side of
fl~e parking lot as well.
Haak: Actually if we could hold offon that question.
- .
15
CITYO
CHANHASSEN
690 City Center Dh'vt
?0 aox 147
Chanhassen, Minnesota 55317
Phone
952.937.1900
General Fax
952.937.5739
£ngineeffng Department Fax
952.937.9152
Building Department Fax
952.934.2524
~b Sitt
~Z~w. ci. dJanhass~ m~us
MEMORANDUM
TO:
FROM:
DATE:
Planning Commission
Mahmoud Sweidan, Engineer
March 27, 2001
SUBJ'
Update on Revisions to City Code Chapter 20
Attached are proposed revisions to City Code Chapter 20.
On March 6th, the Planning Commission tabled the discussion of City Code
Chapter 20, Section 20-94 because of concerns about the lack of a maximum limit
on erosion control escrow in the revised ordinance. Staff has reviewed the
concerns of the Planning Commission and recommends a maximum limit of
$5,000 per acre. By relating the amount of the maximum escrow to the size of the
parcel, the City can insure adequate funds can be collected to take corrective
action for erosion control issues if necessary and ensure parcels are treated fairly.
(i.e. The maximum possible escrow for a 5 acre site is not the same as a 50 acre
site.)
The current ordinance restricts the amount of erosion control escrow to no more
than $500 per parcel regardless of size. While in most cases this is acceptable, in
the case of large lots or environmentally sensitive lots, the amount is inadequate
both to act as a deterrent for non-compliance and to fund corrective action by the
City if necessary. THe $5,000 per acre should be adequate to perform corrective
action in environmentally sensitive areas while still not placing an undue burden
on the developer or builder.
The recommended revision to City Code Chapter 20, Section 20-94 is to allow the
total erosion control escrow to exceed $500 if deemed necessary by the City.
Linking the erosion control escrow to thb size of the parcel will better protect the
City's interests, reflect environmental sensitivity, and avoid placing an undue
burden to the average builder or developer by raising all escrow requirements.
Attachments: 1) Chapter 20 revisions
C'.
Kate Aanenson, Community Development Director
Teresa Burgess, Public Works Director/City Engineer
Steven Torell, Building Official
Matt Saam, Project Engineer
Dan Remer, Engineering Technician II
g:~ngXrnahmoud\memos\chapter 20 revisions - revised.doc
Planning Commission Meeting- March 6, 2001
Aanenson: It will go to the City Council for the change. I don't believe it requires a public hearing but it
goes to them. I will let Matt go through the changes and then I'll handle the next one but this is
engineering initiated. So what you're acting on tonight would just be the chapters that you would have
jurisdiction over but I just included that for your edification so you could see how the two meet together.
Burton: I'm a little lost.
Kind: Mr. Chair? I think Kate's talking about 2(d), number 2. Do you Want to do 2(d) number 1 first?
^anenson: I'm sorry. Jumping ahead. I'm sorry, okay. Okay, 2(d), number 1. I'll handle that one. 20-
94, grading and erosion control. This was something that we talked about a number of years ago
regarding topsoil replacement. How do we ensure growth is established and so comparing what other
cities are doing, under construction all disturbed areas, we want 4 inches of topsoil put back on and
that's, we've talked about what can we do for preservation of water so we're not sprinkling as often and
ensuring good growth so the recommendation was to require 4 inches of topsoil to go in and that would
be something we'd be reviewing as far as inspections and then in the letter of credit to make sure that
that's in place. So with that then I'd also, in that same one, 18-62. It falls in two places. One, under
Chapter 20 and the other would be under design standards of subdivision regs so it falls in two places.
Burton: Any questions for staff?.
Sacchet: Yeah two questions. Why 4 inches?
Aanenson: That was the recommendation. Looking at other cities from engineering...Again we 10ok at
this under an individual basis as projects come in. Some people are able, some developers are able to
spread good soil in a lot of circumstances and some o~fyou may be fiware of this. If you build a home or
know people that have, they end up with clay and end'up hauling their own in. Or don't do it and they're,
just put sod on top and then they end up watering and watering and watering so we're trying to get away
from that and that's kind of exasperated the need for additional sprinkling so that's what we're trying to
curb.
Sacchet: And 4 inches seems to be.
Aanenson: That seems to be the recommendations, correct.
Sacchet: Okay. Topsoil. Is that specific enough? I mean I'm amazed sometimes when I see builders...
topsoil
Saarn: Mr. Chair, Planning Commissioners. I know where you're coming from. You ask for 4. You
might get 3 inches of black dirt. You might get 2. You know they call topsoil basically anything on top
to spread a little black dirt around so.
Sacchet: Whatever's on top...
Saam: Yeah, exactly. What we mean is the black dirt. The nutrient rich soil to allow the grass, your
plantings to grow in.
Sacchet: So would it then be better to maybe even say black dirt. I mean I'm trying.
12
. .
Planning Commission Meeting - March 6, 2001
Aanenson: Or add a definition of topsoil.
Saam: That would be a good idea.
Sacchet: Yeah. I think we need something a little bit more.
Saam: Can this be approved and then we add the definition before it goes to council?
Aanenson: Sure.
Burton: Any other questions? May I have a motion to open up the public hearing?
Sacchet moved, Kind seconded to open the public hearing. The public hearing was opened.
Burton: Anybody like to address the Planning Commission on this matter?
Kind moved, Sacchet seconded to close the public hearing. The public hearing was closed.
Burton: May I have a motion?
Sacchet: Well, since I brought up this topsoil thing I'd move that the Planning Commission recommends
approval of the ordinance amendment as defined in this staff'report dated February 28th for Article II,
Administration and Enforcement Division 5, Section 20-94 and Chapter 18, Subdivisions, Article III,
Design Standards, Section 18-62 and would like to ask that the definition of topsoil be added.
'Conrad: Second. .
-
Burton: It's been moved and seconded. Is there any discussion?
Sacchet moved, Conrad seconded that the Planning Commission recommends approval of the
ordinance amendment, including a definition for topsoil, as follows:
ARTICLE II. Administration and Enforcement Division 5
See 20-94. Grading and Erosion Control.
(c) Every effort shall be made to minimize disturbance of existing ground cover. No grading or filling
shall be permitted within forty (40) feet of the ordinary high water mark ofa waterbody unless
specifically approved by the city. All disturbed areas shall be replaced with a minimum of four (4)
inches of topsoil. To minimize the erosion potential of expos, ed areas, restoration of ground cover shall
be provided within five (5) days after completi°n of the grading operation.
CHAPTER 18 SUBDIVISIONS
ARTICLE HI. Design Standards
Sec. 18-62 Erosion and Sediment Control.
(a) The development shall conform to the topography and soils to create the least potential for soil
erosion. Four (4) inches of topsoil shall be replaced on all disturbed areas.
13
Planning Commission Meeting - March 6, 2001
All voted in favor and the motion carried unanimously.
Burton: Okay now Kate, this is the one that...
Aanenson: I'm sorry, and I'II let Matt handle that.
Burton: Go ahead Matt.
Saam: Well, simply what staff is asking for is some room, or leniency in'the amount of cash escrow that
we can ask for on building permits and/or developments. Every site is different. Some are bigger than
others. Some have more natural features than others that we'd like to protect. That's the impetus for the
raising of the cash escrow fee. It's simply every site is different. I'll be happy to take any questions if
you have specific questions on any of the Chapter, well I guess we can't talk about Chapter 7 issues but
Chapter 20 is only the ~ading and erosion control so.
Burton: Any questions for staffon this? Uli, it looks like you have a question.
Saechet: Chapter 197
Aanenson: Well 7-19.
Sacchet: So we're not talking about 7-197
Aanenson: No.
Saami It's only 20.
Aanenson: It's only 20, correct. So that'd be the last page of the report.
Conrad: At your discretion, Matt. What guides that? Aren't there ratios or should there be a vid or
some formula?
Saam: I'll give you an example. Size of the site. We simply take the lineal footage of the site that we
would need silt fence over and as a figure for silt fence, a buck 50 a foot. You come up with an amount.
That's one example. As I said, if there's other environmental features, a steep slope might want an
erosion control blanket over that. And we have costs for those sorts of things. So the amount we come
up with is the total of those costs. In essence the cost the city would be charged if we had to go in there.
If somebody skipped town and we had to go in there and restore the site. That's what we're looking at.
Conrad: Very site specific then?
Saam: Exactly. Pretty much for every new lot 500 is fine, but there are a few.
Conrad: So what will a developer say about that? How will they know what they might have to
contribute? Would they walk into your office and say are there standards for silt fences at $1.50 a foot or
can they just walk in and you say this is, these are the 12 criteria or the 12 things we look at and here's
the cost per unit?
Saam: From a development standpoint, the number we get for erosion control escrow, that number
14
Planning Commission Meeting - March 6, 2001
comes from the developer's engineer. It goes into our development contract. This is typically for
builders. Sometimes the builder is the developer of each lot.
Aanenson: Yeah, can I just comment on that? That's where the rug comes in. If you have individual
builders, each individual lot's posting their own escrow. What we do to builders that are developers, it's
a different scenario. That's where the 5,000 came in. We came up with that number quite a few years
ago and depending on the scale, and if they've had a lot of permits out at once. For example, some
builders may have 10 active lots or as Matt's saying, if they're doing quite a bit of for example, this is for
erosion. This is separate than the other line of credit we have in place. I think Matt explained that. But
for example when you've got a townhouse builder or somebody that has a large scale project going,
where there is a steep slope or some other things, $5,000, if there's a heavy rainfall and we have to get
out there and manage it, that's not going to cover it and we've had a few instances. And what we came
up with that is when we originally came up with the erosion control ordinance we looked at the
circumstances, you 'know each person is required $500 for that. But then we said well for the builder
may or may not work so we tried to say how many active permits should they normally have and we
came up with that $5,000. What we're saying is that in some circumstance it's just not enough so we
want some flexibility. To make sure we're protecting the city's interest. In most cases it probably is but
there's a few that we've had some problems with. Just because they've had a lot of things going. It's the
$5,000 isn't enough.
Burton: So you're saying if they have multiple sites, the most they could have escrowed is $5,000? In
the past.
Aanenson: Right, in the past.
Burton: But you're striking that and saying each site ean be ~eater"than 500.
·
Aanenson: Right.
Sacchet: So there would really be no ceiling at allo
Saarn: Exactly.
Aanenson: That's how the 10 came up. 5 times the 10 lots. That's 500 but we've had builders that have
more than 10 lots going. Or acreage larger that would cover that. That lineal foot number. And that's
.how that came about. 5,000 and 10. Or 500, excuse me.
Kind: Mr. Chair. I'm uncomfortable with not having a top, and I'm wondering if Matt could make a
recommendation as to what would be the most that there would be. I mean is the sky's the limit here or?
Saam: We could pick anything I guess. 10 grand. 15 grand. I guess if the ceiling issue is a problem, we
could recommend something. But every site is different. As Kate said, if somebody has a ton of building
permits out, you know 500 times 15 is more than the 5,000 so.
Kind: My concern is I want a developer to have a quantifiable way of knowing what the price tag's
going to be and the way it's written right now it's pretty squishy. And I'm just a little uncomfortable
with that. I understand that there's no site's the same so.
15
Planning Commission Meeting - March 6, 2001
Aanenson: If you're looking at a ceiling, I guess what I'd like to do is come back. Between the two
departments, sit down. Look at where some of the problems were. See, I just don't want to throw a
number out. Is it 157 Is that enough? And maybe talk about some other objects. Again I'm trying to
project on some of the other larger projects that we may be having coming in. Try to get a gauge of how
much acreage or... and we can come back with some other examples.
Kind: I'm sorry Mr. Chair. A ceiling may not be the solution. It might be more of a table that the
developer could refer to with the linear foot versus silt fences and what kinds of things that they can refer
to so they have some way of gauging what their costs are going to be to develop something in our city.
Sacchet: It seems like one balance point that I see in this is that if we would have a ceiling per lot,
because right now we're saying that the escrow amount, what we're proposing is the escrow amount can
be ~eater than 500. Is that per lot, isn't it? Or how does this apply?
Conrad: That's per building.
Saam: Per building permit isn't it Kate? I believe so.
Sacchet: Building permit is pretty much for one strUcture, right?
Saam: Correct.
Sacchet: So please help me through this because if...understand, this if there Comes a whole
development, and there will be $500 for every building. -Let's say this is a subdiVision and there are 50
houses so it's 50 times 50'0. But now then that puts a ceiling on already that way, but then what we're
dealing with, what I hear you say is that in some cases the 500 is n6't sufficient per lot. So if we would
say well, is 1,000 sufficient? So we could say it could, be more thar{500 but maybe not exceeding $1,000
per lot? Then that way we keep the proportion to the size of the development. I don't know whether that
is constrUctive but.
Saam: I guess that's something that we should probably talk about and maybe come back because just as
[ read this before it did say the maximum any individual builder can have is 5,000. It didn't say per lot or
get into any of that so that's an issue we'should talk about and probably come back.
Blackowiak: And I have just a couple things to clear up. An escrow amount gets returned to the builder
upon completion so I think that we need to understand that it's not a fee that we're charging the builder.
So I don't think we need to talk specifically about ceilings. If an escrow amount is just to protect the city
in the result of a catastrophic event that the builder does not fix. So as long as the builder fixes, if there's
something happening, as long as they fix it, it really shouldn'.t matter what that escrow amount is.
Because they'll get it back. The escrow amount is kind of like the city's insurance policy so they don't
have to be out of pocket for anything so I don't think that a ceiling per se is that necessary because we
don't want to put a ceiling on it. We don't want to say okay, you only have to pay $10,000 and what if
something happens and a hill slides away and it costs the city $100,000 to clean it up? The city does not
want to be paying $90,000 out of their pocket. I certainly as a taxpayer don't want to be paying $90,000
to clean up somebody else's mess.
Burton: I guess the concern that I'd have though is if you come in with a huge project like with 50 lots,
you don't have any idea what your total escrow would be coming into it.
16
Planning Commission Meeting- March 6, 2001
Blackowiak: But you would know prior to your, when you got your plans you would know your escrow
amount, wouldn't you? Isn't that part of the plan process?
Saam: Yeah. They could estimate how much erosion control fencing, manning will I need here, but
ultimately it rests on how we come up with the figure.
Sacchet: I'm hearing more to Alison, it's an escrow and probably get it back but I think in terms of how
is this being perceived from the builder's viewpoint. I think it'd be perceived much more favorably if
it's...
Blackowiak: Well I like theidea of quantifying and saying x amount of dollars per linear feet. You
-know this is what you're paying for in a sense. But I don't feel that we need to have a ceiling and I think
that might hurt the city in the long run by limiting the amount of money, the recourse the city has to
having to go back and fix up any potential problem.
Saam: If we would, ifI could just interject. If we would come up with say a per lineal foot amount as
you've been talking about, that's something we'd have to update then every few years because silt fence
today is going to be of course more expensive in 5 years or whatever so.
Conrad: Mr. Chair, do we want an absolute amount? Do we want to just reference the current, you have
to have standards.
Saam: The per foot amount, you're saying?
Conrad: Yeah, you have your standards. You know what it is. You come up with it every year. I'don't
'know that I want to put hard dollars in an ordinance. - ~
Saam: Yeah, I really wouldn't want to but if you want us to we will.
Conrad: We want to make sure that the ordinance references a standard someplace or a guide someplace
so it's not a surprise.
Saam: Current market values.
Conrad: Yeah, so you've got to solve that for us. I don't even care if it's $500 if it references the
standard that the city has. Another document but maybe you should bring that back and think about it.
Dollars today doesn't help in 3 years or 5 years.
Aanenson: That's why we're here right now.
Kind: Mr. Chair, just to clear up my point. Alison brought up a good point and that the escrow money is
returned but I think still for a developer that is perceived as an up front cost and they'd need to know
what their cost of doing business is so I think we've given good direction and staff can come back.
Burton: I agree so, do we have to table this then? Is that proper?
Aanenson: Do you want to hold the public hearing now? You can do that.
Kind: Just Section 20, which is.
17
Planning Commission Meeting - March 6, 2001
Blackowiak: But maybe we want to open a public hearing.
Burton: Yeah, let's open a public hearing.
Blackowiak: I was going to say, when we get the revised.
Burton: Well maybe they have some extra comments...
Sacchet moved, Blackowiak seconded to open the public hearing. The public hearing was opened.
Burton: Anybody like to address the Planning Commission on this matter?
Blackowiak moved, Kind seconded to close the public hearing. The public hearing ~vas closed.
Burton: Can I have a motion?
Blackowiak: Yeah I move that the Planning Commission table the recommended revision to City Code
Chapter 20, Section 20-94 and ask staff to incorporate comments made by the Planning Commission and
return to us with a new revision.
Burton: Is there a second?
Sacchet: Second.
Burton: Any discussion? : ~'
Blaekowiak moved, Saechet seconded that the Planning Commission table the recommended
revision to City Code Chapter 20, Section 20-94 and ask staff to incorporate comments made by
the Planning Commission and return with a new revision. All voted in favor and the motion
carried unanimously.
Kind: Mr. Chair I have one more comment on that. I noticed on the staff report that number (c) was
included in our previous motion. So when you come back to us really we only need to look at 20-94(a).
Is that right? Just a staff report note.
NEW BUSINESS.
Burton: That concludes the public hearings. Kate is there any new business?
Aanenson: Yes. The library has been, the task force has been meeting. I was wondering if anyone on
the Planning Commission was interested in attending, just to give you an update. They have met once
already and they were meeting this Saturday at 9:00. I believe that's here is anyone on the Planning
Commission was interested in attending. They will be presenting to you, the Planning Commission on
the 20th, the consultant. Kind of what they're doing. Where they're at. Just give you a head's up. So if
anyone was interested in being a liaison. I believe someone from the Park and Rec Commission has been
attending and I believe Todd will also be at that meeting so.
18
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, Minnesota Department of Transportation
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
CONCERNING GRADING AND EROSION CONTROL
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 20-94 of the Chanhassen City Code is amended to read:
See. 20-94. Grading and Erosion Control.
(a) A satisfactory erosion control and grading plan consistent with the City's Best
Management Practices Handbook must be approved by the City Engineer before a building
permit is issued for construction, if the construction will result in disturbing the soil. 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 t° require a
greater amount to guarantee compliance. The'maximum eSigrow required 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. Areas where the finished slope
will be steeper than five (5) units horizontal to one (1) vertical shall be specifically noted. Also,
location of erosion control devices shall be clearly labeled.
(c) Every effort shall be made to minimize disturbance of existing ground cover. No
grading or filling shall be permitted within forty feet (40') of the ordinary high water mark of a
water body unless specifically approved by the City. All disturbed areas shall be replaced
with a minimum of four (4") of topsoil. To minimize the erosion potential of exposed areas,
restoration of ground cover shall be provided within five (5) days after completion of the grading
operation.
(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 Construction Site Erosions and Sediment Control Best Management Practices
Handbook, as amended.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this
City Council of the City of Chanhassen.
day of ,2001, bythe
ATTEST:
Scott Botcher, Clerk/Manager
(Published in the Chanhassen Villager on
Linda Jansen, Mayor
0.
,2001).
g:XengXforms~ord amend.doc
CITYOF
690 CiO' Coner Dr~ve
?0 £ox 147
ChadJasse,, Mi,,esota 5531.7
Phone
952. 937.1900
GetJeral
952.937.5739
Eufi, eeJq,g D~artment
952.93zgJ52
B,ildi, g Depam,ent
952934.2524
MEMORANDUM
TO:
Planning Commission
FROM:
Teresa J. Burgess, Public Works DireCtor/City Engineer
DATE:
February 28:2001
SUB J:
Revisions to City Code Chapter '7 and Chapter 20
Attached are proposed revisions to City Code Chapter 7 and Chapter 20.
The revisions to City' Code Chapter 7 are administrative in nature and are detailed
in the attached memorandum from Steven ~l'oreli. r~mldmg Official dated
November 27, 2000.
Revisio~..s to Section 7-!9 are listed separately- fi'om the memorandum. These
revisions are intended to clarify' the requiiements and ensure adequate and
re]evan~ data is submitted on building pennil's necessary l~-).r staff review and
approval.
The recommended revision ~.o City Code Chapter 20. Section 20-94 is:
·
~, Amended to allow the total'erosion control escrow to exceed $5.000
anx: ~Yven deve!ooment '* ' ' ' ~ ....
.... a,,ct additior~al per lot escrow aoove the $<0~3
deemed necessary by ~.he City.
in the case of large developments, the cash escrow limits in the ordinance
do not provide a deterrent for non-compliance nor are they sufficient
fhnd corrective action by the City if necessary. Allowing the higher
amounts will also allow the escrows to reflect the enviromental
sensitivity sites, while not imposing an undue burden to the average
homeowner or developer by raiSing all escrow requirements.
AttacNnents'
1) Memorandum from Steven Torell, dated November 27, 2000
2) Section 7-19 revisions
3) Chapter 20 revisions
c: Kate Aanenson, Community Development Director
Steven Torell, Building Official
Dan Remer, Engineering Technician II
G:\ENG\TERESA\staff reports\Planning staff report-2-28.doc
CITYOF
CHA SE
:90 Cig, Center Drive, PO Bo.,: 147
i Chanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612. 937. 5739
Engineedng Fax' 612.937.9152
8tblic SafeO, Fax' 612.934.2524
Web www. ci.d,a,hassen, mn. us
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Kate Aanenson, Community Development Director
Teresa Burgess, Public Works Director/City Engineer
.
Steven Torell, Building Official d_~'~
November 27, 2000
Revisions to City Code Chapter 7
Attached find my memo to the City Council and Scott Botcher requesting changeS
to Chapter 7 of the Chanhassen City Code. Teresa, as you indicated to me, this
request would be included with the revisions that'the Engineering Department '
would like to make to Chapter 7. Please contact me if you have anY questions.
G/safety/st/rnemos/eng/chap 7revisions
C OF'
690 City Cenur Drive, PO Bo: I 47
£hanhasstra Minnesota 55317
,Phone 612.93Z I900
General Fax 612.937.5739
£n~neerin g Fax 6J 2. 93 Z 9152
.Public Safety Fax 612.934.2524
Web ww'azdchanhassen, m~.us
MEMO~ND~
TO:
FROM:
Mayor and City Council
Scott Botcher, City Manager
Steven Torell, Building Official
DATE:
November 27, 2000
SUB J:
Chanhassen City Code revisions
Chapter 7, Article II, of the Chanhassen City Code (CCC) establishes the
framework for adopting and enforcing the building code in the city. The city is
required to adopt the Minnesota State Building Code (MSBC). The MSBC includes
a model building code, currently the Uniform Building Code (UBC), and other
..
codes related to plumbing and mechanical systems. Past .changes to.these
documents, the forthcoming adoption of the International Building Code (IBC), and
organizational changes necessitate the need to make the reVlsions as outlined below.
I have attached a copy of the current City Code (attachment t) and the applicable
building code sections.
Sec. 7-16 (c) (1) UBC Appendix, '.chaPters 38 a_nd 55.
..
Amended: Deleteemirely'. .- :-
Reason: These appendices preVioUsly.had to be speCifically adOpted. Chapter 38
referred to requirements for basement pipein!etS.' These requirements are now
found in Appendix Chapter 9, and the city 'does not have the authority to adopt this
chapter. Chapter 55 addreSsed the fequirements for membr.ane structures._ These
requirements are now required enforcement and therefore do not require specific
Sec. 7-17 (a) The organization °fthe building, d~partmegt ~d enforcemen{, of .~..s
article Shall be conducted Wlthin the guidelines 'established bY chapter 2 of the
UnifOrm 'BUilding Code,.' -:.: : ~ i .!; : ~-~'.:.").-'.'i:..: "5!.' :' ." ..' '
Amended to read: The org~zati0n ofthe"bu!idingdePartment' and'enforcement of
this article shall be conducted Wi.'thin the guidelines e-sm$!iShed by the Minnesota.
State Building Code and the administrative sections of the model building Code
adopted ' ' ":': -'
..
· . .
· .
Reason: Chapter 2 of the UBC is no longer the administrative section; this revision
would assure the CCC referenced the proper and current administrative section of
the adopted code.
Sec. 17-7 (b) The public safety department shall be the building code department.
The administrative authority shall be a state buildingofficial.
Amended to read: The building inspections division shall be the building code
department The administrative authority shall be a Minnesota certified Building
Official.
Reason: The public safety department has been eliminated. The building
inspections division administers the building code by the authority found in the
provisions of the model building codes (see attachment 2 & 2A). In accordance
with state statute, the building official must be certified by the state of Minnesota
(see attachment 3).
Sec. 7-21. Certificate of Occupancy. No building or structure except group U
occupancies shall be used or occupied, until the building official has issued a
certificate of occupancy.
.
· .,t
Amended: Delete entirely : ..'
Reason: Group U includes buildings or structures of an accessory nature; private
garages, sheds, tanks, towers, fences etc. The forthcoming IBC requires that a
certificate of occupancy be issued for these types of structures (see attachment 4 &
4A). The city does not have the authority to wave this requirement, the state may,
however, amend the requirement, either way it will be addressed by the code the
city is required to adopt.
Recommendation: I recommend the City Council approve the changes as outlined
above.
Attachments: #1.
#2.
#2A.
#3.
g4A.
CCC Sec. 7-16 thru ;1-23
1997 UBC 104.1 & 104.2
2000 IBC 103.1 & 104.1
Minnesota Statute 16B.65
1997 IBC 110.1
MSBC 1305.0109
G/safety/st/memos/council/coderevchap7
Chapter 7
BLr~,DINGS AND BU77~r)ING i~_EGUI~TIONS·
In General, §§ 7-1--7-15
Building Code, §§ 7-16--7-30
Excavating, Mining, Filling and Grading, §§ 7-31--7-47
ARTICLE L IN GENERAL
Secs. 7-1--7-15. Reserved,
ARTICLE H. BUI~JDING CODEr
Sec. 7-16. Standards adopted by reference.
(a) It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish, equip, use, occupy or maintain any building or structure Lu the
city, or cause the same to be done, contrary to or in violation of any provision of this section.
..
(b) The Minnesota State Building Code, in its current edition, is adopted by reference as
if set out in full. ~
(c) Certain appendices, standards, and supplemental materials referenced in the Minne-
sota State Building Code are adopted by reference as par~ of the building code of the city:
(1) UBC Appendix, Chapters 38 and 55.
(2) Minnesota Rules section 1306.0100, including item 8 in subpart S.
(Ord. No. 23-B, §§ 1--3, 7, 2-23-81;.0rd. No. 23-C, §§ 1--3, 5-16-83; Ord. No. 82, § 1, 10-5-87;
Ord. Noo 84, § 1, 3-14-88; Ord. No. 167, § 1, 4-27-92; Ord. No. 237, § 1, 4-10-95)
State law reference-Adoption by reference authorized, M.S. § 471.62.
Sec. 7-17. Organization and enforcement.
(a) The organization of the building department and enforcement of this article shall be
conducted within the guidelines established by chapter 2 of the Uniform Building Code.
(b) The public s~fety department shall be the building code department. The administra-
tive authority shall be a state building official.
(c) The appointing authority shall be the city manager. The appointing authority shall
designate the building official.
(Ord. No. 23-B, § 4, 2-23.81; Ord. No. 167, §§ 2, 3, 4-27-92)
*Cross references~Struc~ures near bodies of water, § 6-21 et seq.; fire prevention and
protection, Ch. 9; planning and development, Ch. 15; subdivisions, Ch. 18; zoning, Ch. 20.
?State law reference--State building code, M.S. § 16B.59 et seqo
Supp. No. 8 385
.
§ 7-18
CHAN~SEN CITY CODE
Sec. 7-18. Fees.
(a) The fees to be paid to the city for building permits and inspections shall be as
establ/shed by resolution. The value of construction shall be determined by the buil~;~
official.
(b) Upon return of a building permit to the city by the holder thereof, with proof
satisfactory to the building official that no construction was undertaken pursuant hereto, he
shall refund to the holder the buil~;=g permit fee paid by him, except that twenty (20) percent
of the fee paid or twenty-five dollars ($25.00), whichever is greater, shall be retained by the
city. A similar retired shall be made of any plan-checW=g fee paid except that no refund shall
be made/f the city has caused the plans to be checked.
(c) In addition to the permit fee required by subsection (a), above, the applicant shall pay
a surcharge to be remitted to the Minnesota Department of Admin/stration as required by
Minnesota Statutes 1990, § 16B.70.
..
(Ord. 1~o. 23-B, § 5, 2-23-81; Ord. l~o. 84, § 2, 3-14-88; Ord. No. 167, § 4,-4-27-92)
Sec. 7-19. Plans and specifications.
The building official may require that pl~=s and specifications, required under Sectioni
302(b) of the Uniform Building Code, include a survey of the lot upon which the Proposed
building or consinmction is to be done, prepared and attested by a registered surveyor. An
original signature is required on the certificate of sur~.~y.. The survey shall provide the
following information unless otherwise appr~..ved by the administrative authority:.
(1)_ Scale of drawing and north arrow;
(2) Legal description of property,
(3) Dimensions and bearing of front, rear, and side property lines;
(4) Front, rear, and side yard setback dimensions of all proposed structures;
(5) Location of all existing structures on the property, including but not limited to
sanitary and storm manholes, hydrants, catch basins, power poles, phone boxes,
fences, and any encroachments;
(6) Outside dimensions of proposed structure(s) including decks, porches, retaining walls
(include elevations at bottom of footing and top of wall), stoops, stairs, cantilevers,
fireplaces, bay and bow windows, egress window wells;
(7) Location of a benchmark stake established by the surveyor at the front setback line
within twenty (20) feet of the proposed structure. Maintenance of the benchmark
stake once established by the surveyor shall be the responsibility of the permit
applicant;
(8) Location' of stakes established by the surveyor on side property lines at:
a. Front setback line.
b. Front building line.
386
BUILDINGS AND BUILDING REG~TIONS § 7-21
c. Rear building line.
The maintenance of these stakes once established by the surveyor shall be the
responsibility of the permit applicant;
(9) Location of first floor elevation of buildings on adjacent lots. Vacant adjacent lots shall
be labelled as such;
(10) Location of all easements of record;
(11) Ex/sting and proposed elevations at the following locations;
a. Each lot corner.
b. Top of curb or centerline of street at each lot line extension.
c. Center of proposed driveway at curb.
d. Grade at corners of proposed structure.
e. Lowest floor level, top of block, garage slab.
(12) Indication of direction of surface water drainage by,. arrows;
(13) Erosion control and grading plan if required by Chapter 20 or development contract;
(14) Wetland boundaries with ordinary high water level and 100-year flood elevation if
applicable; ·
(15) Driveway grade (minimum--0.80%, max/mum--10.%;
(16) All trees in excess of six (6) inches in ~diameter (diameter measured at four (4) feet
above grade).
(Ord. No. 23-B, § 6.01, 2-23-81; Ord. No. 167, § 5, 4-27-92)
Cross references--Report of enlargement of establishment selling nonintoxicating malt
liquor at time of application for building permit, § 10-36; report of alteration to alcoholic
beverage establishment to be made at time of application for building permit, § 10-87.
Sec. 7-20. Denial of permit.
The building official shall deny a permit for construction or enlargement of a dwelling on
ground which is too low for adequate drainage of surface waters. He shall also deny a permit
for construction or enlargement of any building when it appears that the proposed elevations
or,he lot for which the permit is to be issued, in relation to the established or proposed grades
of adjoining or nearby streets, will probably cause a change in the existing drainage of surface
waters which will result in substantial hazard or inconvenience to persons residing in the city
or traveling on its streets.
(Ord. No. 23-B, § 6.02, 2-23-81)
Sec. 7-21. Certificate of occupancy.
No building or structure except Stoup .U occupancies shall be used or occupied, until the
building official has issued a certificate of occupancy.
{Or& No. 118, § 1, 1-22-90; Ord. No. 237, § 2, 4-10-95)
Supp. No. 8 387
§ 7-22
CHANHASSEN CITY CODE
Sec. 7-22. Stop orders.
If pursuant to the Minnesota State Building Code the building official posts a stop work
order, it is a misdemeanor punishable to the maximum extent authorized by Minnesota
Statutes section 412.231 for anyone to destroy or remove the stop work order unless authorized
by the building official.
(Ord. No. 176, § 1, 10-12-92)
Sec. 7-23. Elevations.
Elevations shall be in accordance with grading or development plans previously approved
by the city, if any. All elevations shall correspond to sea level datum of 1929. Benchmark
elevations may be available from the city's engineer/~,g department.
(Ord. No. 237, § 5, 4.10-95) ~
Secs. 7-24--7-29. Reserved.
ARTICLM III. EXCAVATING, MINING, Fl%LING AND GRADING* -
Sec. 7-30. Purposes and intent. '
- .
The purpose of this article is to promote the health, s .afety and welfare of the community
and to establish reasonable uniform limitations, standards, safeguards and controls for
excavating, mining, filling, and grading within the city.~Excavating, mining, filling, and
grading permits for more than fif~ (50) cubic yards, but less than one thousand (1,000) cubic
yards of material in a twelve-month period may be processed administratively. Excavating,
rni,~i.g, filling, and grading of one thousand (1,000) cubic yards of mater/al or more in a
twelve-month period shall be processed in the same manner as an interim use permit.
(Ord. No. 128, § 1, 5-14-90)
Sec. 7-31. Definitions.
The following words, terms and phrases shall have the following meanings respectively
ascribed to them:
·
Earth work or w~rk the earth: Excavating, mining, filling or grading.
Excavating or mining:
(1) The removal of the natural .sUrface of the earth, whether sod, dirt, soft, sand, gravel,
stone, or other matter, creating a depression.
(2) Any area where the topsoil or overburden has been removed for the purpose of
removing earthly deposits or minerals.
*Cross references-Zoning generally, Ch. 20; landscaping and tree removal, § 20-1176 et
seq.; mineral extraction, § 20-1351.
Supp. No. 8 388
1997 UNIFORM BUILDING CODE
101
104.2.4
'Volume I
Chapter 1
ADMINISTRATION
SECTION 101 -- TITLE, PURPOSE AND SCOPE
lOLl Title. These regulations shall be known as the Uniform
Building Code, may be cited as such and will be referred to herein
aS "ttLiS code.."
101.2 Purpose. The purpose of this code is to provide minimum
standards to safeguard life or limb, health, proPerty and public
welfare by regulating and controlling the design, construction,
quality of materials, use and occupancy, location and maintenance
of all buildings and structures within this jurisdiction and certain
equipment specifically regulated herein.
The purpose of this code is not to create or otherwise establish or ~
designate any 'particular class or group of persons who .will or
should be especially protected or benefited by the terms of this
code.
1013 Scope. The provisions of 'this code shall apply to the
construction, alteration, moving, demolition, repair, maintenance
and use of any building or structure within this jurisdiction, except
· work located primarily in a public way, public utility towers and
poles, mechanical equipment not specifically regulated in this
code, and hydraulic flood control structures:
For additions, alterations, moving and maintenance of build-
ings and structures, see Chapter 34. For temporary buildings and
.structures see Section 3103 and Appendix Chapter 31.
Where, in any specific case, different sections Of this code spec-
ify different materials, methods of construction or other require-
merits, the most restrictive shall govern. Where there is a conflict
between a general requirement and a specific requirement, the
specific requirement shall be applicable.
Wherever in this code reference is made to the appendix, the
provisions in the appendix shall not apply unless specifically
adopted.
SECTION 102 -- UNSAFE BUILDINGS OR
STRUCTURES
All buildings or structures regulated by this code that are structur-
ally unsafe or not provided with adequate egress, or that constitute
a fire hazard, or are otherwise dangerous to human life are, for the
purpose of this section, unsafe. Any use of buildings or structures
constituting a hazard to safety, health or public welfare by reason
of inadequate maintenance, dilapidation, obsolescence, fire haz-
ard, disaster, damage or abandonment is, for the purpose of this
section, an unsafe use. Parapet wails, cornices, spires, towers,
ranks, statuary and other appendages or structural members that
are supported by, attached to, or a part of a building and that are in
deteriorated condition or otherwise unable to sustain the design
loads that are specified in this code are hereby designated as un-
safe building appendages.
All such unsafe buildings, structures or appendages are hereby
declared to be public nuisances and shall be abated by repair, reM-
bilitafion, demolition or removal in accordance with the proce-
dm:es set forth in the Dangerous Buildings Code or such alternate
procedures as may have been or as may be adopted by this jurisdic-
tion. As an alternative, the building official, or other employee or
official of this jurisdiction as designated by the governing body,
may institute any other appropriate action to prevent, restrain, cor-
rect or abate the violation2
SECTION 103 -- VIOLATIONS
It shall be unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert
or demolish, equip, use, occupy or maintain any building or struc-
ture or cause or permit the same to be done in violation of this ·
code.
-.
SECTION 104 -- ORGANIZATION AND
ENFORCEMENT
104.1 Creation of Enforcement Agency.' There is hereby estab-
lished in this jurisdiction a code enforcement agency which shall
be under the administrative and operational control of the building
official.
104.2 Powers and Duties of Building Official.
104.2.1 General. The building official is hereby authorized and
directed to enforce all the provisions of this code. For such pur-
poses, the building official shall have the powers of a law enforce-
ment officer. '
.,t
The building Official shall have the power to render interpreta-
tions of this c. ode and to adopt and enforce rules and supplemental
regulations to clarify the application of its provisions. Such inter-
pretations, rules and regulations shall be in conformance with the
intent and purpose of this code.
·
104.2.2 Deputies. In accordance with prescribed procedures
and with the approval of the appointing authority, the building of-
ficial may appoint such number of technical officers and inspec-
tors and other employees as shall be authorized from time to time.
The building official may deputize such inspectors or employees
as may be necessary to carry out the functions of the code enforce-
ment agency.
104.2.3 Right of entry. When it is necessary to make an inspec-
tion to enforce the provisions of this code, or when the building
official has reasonable cause to believe that there exists in a build-
lng or upon a premises a condition that is contrary to or in violation
of this code that makes the building or premises unsafe, dangerous
or hazardous, the building official may enter the building or prem-
ises at reasonable times to inspect or to perform the duties imposed
by this code, provided that ff such building or premises be occu-
pied that credentials be presented to the occupant and entry re-
quested. If such building or premises be unoccupied, the building
official shall first make a reasonable effort to locate the owner or
other person having charge or control of the building or premises
and request entry. If entry is refused, the building official shall
have recourse to the remedies provided by law to secure entry.
104.2.4 Stop orders. Whenever any work is being done con-
trary to the provisions of this code, or other pertinent laws or ordi-
nances implemented through the enforcement of this code, the
building official may order the work stopped by notice in writing
served on any persons engaged in the doing or causing such work
to be done, and any such persons shall forthwith stop such work
u~ntll authorized by the building official to proceed with the work.
llYZ2-11)4.?
102.2 Other laws. The'provisions of this code shall not be
deemed to n-]lif7 any provisions of local, state or federal law.
1023 Application of references. References to chaPter or
section numbers, or to provisions not specifically identified
'by number, shall be construed to refer to such chapter, section
or:provision of this code.
102.4 Referenced codes and standards. The codes and stan-
tiards referenced in this code shah be considered part of the
requirements of this code to the prescribed extent of each
such reference. Where differences occur between provisions
of this code and referenced codes and standards, the provi-
sians of this' code shall apply.
102.5 Partial invalidity. In the event any part or provision of
this code is held to be illegal or void, this shall not have the
effect of making void or illegal any of the other parts or pro-
visions.
102.6 Exisfiag structures. The legal occupancy of any struc-
ture existing on the date of adoption of this code shall be per-.
mitred to continUe without change, except as is specifically
covered in this code, the International Property Maintenance
Code or the International Fire Code, or as is deemed neces-
sary by the building official for the general safety and Wel-
fare of the occupants and the public.
SECTION 103
DEPARTMENT OF BUILDING SAFETY
103.1 Creation of enforcement agency. The department of
building safety is hereby created and the official in charge
~ereof shall be known as the building official.
103.2 Appointment. The building official shall be appointed
by the chief appointing authority of the jurisdiction.
1033 Deputies. In accordance with the prescribed proce-
dures of this jurisdiction and with the concurrence of thc
appointing authority, the building official shall have the
amhority to appoint a deputy building official, the related
technical officers, inspectors, plan examiners and other
employees. Such employees shall have powers as delegated
by the building official. For the maintenance of existing
properties, see the International Property Maintenance
Code.
SECTION 104
DIJTIES AND POWERS OF BUILDING OFFICIAL
104.1 General. The building official is hereby authorized
and directed to enforce the provisions of this code. The build-
ing official shall have the authority to render interpretations
of this code and to adopt policies and procedures in order to
ADMINISTRATION
clarify the application of its provisions. Such interpretations,
policies and procedures shall be in compliance with the intent
and purpose of this code. Such policies and procedures shall
not have the'effect of waiving requirements specifically pro-
vialed for in this code.
104.2 Applications and permits. The building official shall
receive applications, review construction documents and
issue permits for the erection, and alteration, demolition and
moving of buildings and structures, inspect the premises for
which such permits have been issued and enforce compliance
with the provisions of this code.
1043 Notices and orders. The building official shall issue
all necessary notices or orders to ensure compliance with this
code.
104A.Inspections. The building official shall make all of the
required insPections, or the building official shall have the
authority to accept reports of inspection by approved agen-
cies or individuals. Reports of such inspections shall be in
writing and be certified by a responsible officer of such
approved agency or by the responsible individual. The build-
ing official is authorized to engage such expert opinion:as
deemed necessary to report upon unusual technical issues
that arise, subject to the approval of the appointing authority.
104.5 Idenfifi'6ation. The building official shall carry proper
identification when inspecting structures or premises in the
performance of duties under this code.
104.6 Right of entry. Where .it is necessary to make an
inspection to enforce the provisions of this 'code, or where the
building official has reasonable cause to believe that there
exists in a structure or upon a premises a condition which is
contrary to or in violation of this code which makes the struc-
ture or premises upsafe, dangerous or hazardous, the building
officia~ is authorized to enter the structure or premises at rea-
sonable times to inspect or to perform the duties imposed by
this cgde, provided that if such structure or premises be occu-
pied that credentials be presented to the occupant and en.try
requested. If such structure or premises be unoccupied, the
building official shall first make a reasonable effort to locate
the owner or other person having charge or control of the
structure or premises and request entry. If entry is refused, the
building official shall have recourse to the remedi'es provid-
ed by law to secure entry.
104.7 Department records. The building official shall keep
· official records of applications received, permits and certifi-
cates issued, fees collected, reports of inspections, and
notices anal orders issued. Such records shall be retained in
the official records for the period required for retention of
public records.
Subd. 7. Investigation and research. With the
approval of the commissioner the state building official shall
investigate or provide for investigations, or may accept
authenticated reports from authoritative sources, concerning new
materials or modes of construction intended for use in the
construction of buildings or structures, and shall propose
amendments to the code setting forth the conditions under which
the new materials or modes' may be used.
HIST: 1984 c 544 s 69; 1985 c 248 s 8; 1986 c 444; 1987 c 312
art 1 s 10 subd 1; 1994 c 634 art 2 s 10
16B.65 BUILDING OFFICIALS.
Subdivision 1. Appointments. The governing body of
each municipality shall, unless other means are already
provided, appoint a building official to administer the code.
Two or more municipalities may combine in the appointment of a
single building official for the purpose of administering the
provisions of the code with'in their communities. In those
municipalities for which no building official~ have been
appointed, the state building official, with the approval of the
commissioner, may appoint building officials to serve until the
municipalities have made an appointment. If unable to make an
appointment, the state building official may use whichever state
employees or state agencies are necessary to perform the'duties
of the building official. All costs incurred by virtue of an
appointment by the state building official or services rendered
by state employees must be borne by the involved municipality.
Receipts arising from the appointment mustJ be paid into the
state treasury and credited to the special revenue fund.
Subd. 2. Qualifications. A building official, to be
'eligible for appointment, must have the experience in design,
construction, and supervision which the commissioner deems
necessary and must be generally informed on the quality and
strength of building materials, accepted building construction
requirements, and the nature of equipment and needs conducive to
the safety, comfort, and convenience of building occupants.
Each building official must be certified under this section,
except that the qualifications outlined in this section are not
mandatory regarding any building official in any municipality
engaged in the administration of a building code on May 27,
1971, and continuing that function t~rough July 1, 1972. Subd. 3. Certification. The commissioner shall:
(1) prepare and conduct written and practical examinations
to determine if a person is qualified pursuant to subdivision 2
to be a building official;
(2) accept documentation of successful completion of
testing programs developed by nationally recognized testing
agencies, as proof of qualification pursuant to subdivision 2;
or
(3) determine qualifications by both clauses (1) and (2).
ADMINISTRATION
taolder or an agent of the permit holder wherein the same fails
to comply with this code. Any portions that do not comply
shall be corrected and such portion shall not be covered or
concealed until authorized by the building official.
'sEcTIoN 110-
CERTIFICATE OF OCCUPANCY
110.1 Use and occupancy. No building or structure shall be
used or occupied, and no change in the existing occupancy
classification of a building or structure or portion thereof
shall be made until the building official has issued a certifi-
cate of occupancy therefor as provided herein. Issuance of a
certificate of occupancy shall not be construed as an approval
of a violation of the provisions of this code or of other ordi-
~mees of the jurisdiction.
110.2 Change in use. Changes in the character or use of an
existing structure shall not be made except as specified in
Cha. pter 34o
1103 Certificate issued. After the building official inspects
the building or structure and finds no violations of the provi-
sions of this code or other laws that are enforced by the
department of building safety, the building official shall issue
a certificate of occupancy that shall contain the following:
1. The building permit number.
·
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for
which the certificate is issued.
$. A statement that the described portion of the struc-
ture has been inspected for compliance with the
requirements of this code for the occupancy and
division of occupancy and the use for which the pro-
posed occupancy is classified.
'6 ' The name of the building official.
7. The edition of the code under which the permit was
issued. ..
8. The use and occupancy, in accordance with the pro-
visions of Chapter 3.
9. The type of construction as defined in Chapter 6.
t0. The design occupant load.
11. If an automatic sprinkler system is provided,
whether the sprinkler system is required.
12. Any special stipulations and conditions of the build-
lng permit.
110.4 Temporary occupancy. The building official is autho-
rized to issue a temporary certificate of occupancy before the
completion of the entire work covered by the permit, provid-
ecl that such portion or portions shall be occupied safely. The
110 - 112.2
building official shall set a time period during which the tem-
porary certificate of occupancy is valid.
110.5 Revocation. The building official is authorized to, in
writing, suspend or revoke a certificate of occupancy or com-
pletion issued under the provisions of this code wherever the
certificate is issued in error, or on the basis of incorrect infor-
marion supplied, or where it is determined that the building
or stmcmre or portion thereof is in violation of any ordinance
or regulation or any of the provisions of this code.
SECTION 111
SERVICE UTILITIES
111.1 Connection of service utilities. No person shall make ·
connections from a utility, source of energy, fuel or power to
any building or system that is regulated by this code for which
a permit is required, until released by the building official.
111.2 Temporary connection. The building official shall
have the authority to authorize the temporary connection of
the building or system to the utility source of energy, fuel or
power.
111.3 Authority to d~connect service utilities. The building
official shall have the authority to authorize disconnection of
utility servic~ to the building, structure or system regulated
by this cocle~nd the codes referenced in case of emergency
where necessary to eliminate an immediate hazard to life or
property. The building official shall notify the serving utility,
and wherever possible the owner and occupant of the build-
ing, structure or service system of the decision to disconnect
prior to taking such action. If not notified prior to discon-
necting, the owner or occupant of the building, structure or
service system shall be notified in writing, as soon as practi-
cal thereafter.
SECTION 112
BOARD OF APPEALS
112.1 General. In order to hear and decide appeals of orders,
decisions or determinations made by the building official rel-
ative to the application and interpretation of this code, there
shall be and is hereby created a board of appeals. The board
of appeals shall be appointed by the governing body and shall
hold office at its pleasure. The board shall adopt roles of pro-
cedure for conducting its business.
112.2 Limitations on authority. An application for appeal
shall be based on a claim that the tree intent of this code or
the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or
an equally good or better form of construction is proposed.
The board shall have no authority to waive requirements of
1305.0108 SECTION 108, REQUIRED INSPECTIONS.
UBC Section 108.5 is amended by adding the following:
108.5.4.1 Insulation inspection: To be made after all
required insulation is in place but before any covering material
is in place.
108.5.5 Lath and/or gypsum board inspection: To be made
after all lathing and gypsum board, interior and exterior, used
as a structural element or a part of a' fire-resistive assembly,
is in place but before any plastering is applied or before
gypsum board joints and fasteners are taped and finished.
108.5.6'.1 Installation of manufactured homes (mobile
homes): To be made after the installation of the support system
and all utility service connections are in place, but before any
covering material or skirting is in place. Evaluation of an
approved anchoring system, when installed, is part of the
installation inspection..
SA: MS s 16B.61
HIST: 19 SR 1340
1305.0109 SECTION 109, CERTIFICATE OF OCCUPANCY.
UBC Section 109.1 is amended by amending the exception to
read as follows:
'~.~ Exception: A municipality has the option of requiring
~'-~-certificates.of occupancy for Group R, Division 3 occupancies;
Group U occupancies; and manufactured homes.
SA: MS s 16B.61 .~
HIST: 19 SR 1340 .' .'
1305.0150 [Repealed, 19 SR 1340]
1305.0200 [Repealed, 19 SR 1340]
1305.0300 [Repealed, 15 SR 74]
1305.0301 TABLE 3-A, DESCRIPTION OF OCCUPANCIES BY GROUP AND
DIVISION.
UBC Table 3-A, Groups I-l.1 and I-2 are amended to read as
follows:
UBC Section 301 Table 3-A.
I-l.1 - Nurseries for full-time care of children under the
age of six (each accommodating more than four persons).
Hospitals, sanitariums, nursing homes, and similar buildings
(each accommodating more than four persons).
I-2 - Detoxification centers and homes for children six
years of age or over (each accommodating more than four persons).
SA: MS s 16B.61
HIST: 19 SR 1340
122
Sec. 7-19. Plans and specifications.
The building official may require that plans and specifications, required under Section
302(b) of thc Uniform Building Codc by Minnesota State Building Code, include a survey of
the lot upon which the proposed building or construction is to be done, prepared and attested by a
registered surveyor. An original signature is required on the certificate of survey. The survey
shall provide the following information unless otherwise approved by the administrative
authority:
(1) Scale of drawing and north arrow;
(2) Legal description of property;
(3) Dimensions and bearing of front, rear, and side property lines;
(4) Front, rear, and side yard setback dimensions of all proposed structures;
(5)
Location of all existing structures on the property, bouleVards, streets and right-
of-way, including but not limited to sanitary and storm manholes, hydrants, catch
basins, power poles, phone boxes, fences, and any encroachments; .
(6)
(7)
Outside dimensions of proposed structure(s) including decks, Proches, retaining
walls (include elevations at bottom of/'ooting and top of wall),' stoops, stairs,
cantilevers, fireplaces, bay and bow windows, ~egress window wells;
Location of a benchmark stake established by the surveyor at the front setback
line within twenty (20) feet of the proposed structure. Maintenance of the
benchmark stake once established by the surveyor shall be the responsibility of
the permit applicant;
(8) Location of stakes established by the surveyor on side property lines at:
a. Front setback line.
b. Front building line.
c. Rear building line.
The maintenance of these stakes once established by the surveyor shall be the
responsibility of the permit applicant;
(9)
Location of first floor elevation of buildings on adjacent lots. Vacant adjacent
lots shall be labeled as such;
(10) Location of all easements of record including but not limited to tree
preservation, wetland conservation, cross-access, etc.;
(11) Existing and proposed elevations at the following locations:
a. Each lot comer.
b. Top of curb or centerline of street at each lot line extension.
c. Center of proposed driveway at curb.
d. Grade at comers of proposed structure.
e. Lowest floor level, top of5le, ck foundation, garage slab.
f. All elevations shall correspond to sea level datum of 1929.
(12) Indication of direction of surface water drainage by arrows;
(13) Erosion control Tree removal, tree preservation and grading plan if required by
Chaptcr 20 or the development contract;
(14)
(15)
(16)
Wetland boundaries with ordinary high water level and 100-year flood elevation
if applicable;
Driveway grade (minimum-0.50%, maximum-10%);
All trees in excess of six (6) inches in diameter,(diameter measured at four (4)
feet above grade); .. .~
(17)
All custom-graded lots and lots deviating from the approved grading plan
shall require an as-built survey submitted to the City prior to issuing a
certificate of occupancy;
(18) Wetland buffer areas and wetland or lake setback dimensions;
(19) Other information as required by the City.
g:\engktanksec 7-19.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, Minnesota Department of Transportation
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
CONCERNING GRADING AND EROSION CONTROL
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 20-94 of the Chanhassen City Code is amended to read:
Sec. 20-94. Grading and Erosion Control.
(a) A satisfactory erosion control and grading plan consistent with the City's Best
Management' Practices Handbook must be approved by the City Engineer before a building
permit is issued for construction, if the construction will result in disturbing the soil. To
guarantee compliance with the plan a $500.00 cash escrow or letter ofcredit, satisfactory to the
city, shall be furnished to the City before a building permit is issued. The maximum escrow
required of an individual builder or subdivider regardless of the number of building permits that
have been issued to the builder or subdivider-is $5,000.00. The escrow amount may be greater
than $500.00 if, after review of the site, the City deems it necessar3, to require a greater
amount to guarantee compliance. The City may. use the escr6w 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. Areas where the finished slope
will be steeper than five (5) units horizontal to one (1) vertical shall be specifically noted. Also,
location of erosion control devices shall be clearly labeled.
(c) Every effort shall be made to minimize disturbance of existing ground cover. No
~ading or filling shall be permitted within forty feet (40') of the ordinary high water mark of a
water body unless specifically approved by the City. All disturbed areas shall be replaced
with a minimum of four (4") of topsoil. To minimize the erosion potential of exposed areas,
restoration of ground cover shall be provided within five (5) days after completion of the grading
operation.
(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 Construction Site Erosions and Sediment Control Best Management Practices
Handbook, as amended.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this
City Council of the City of Chanhassen.
day of ,2001, by the
ATTEST:
Scott Botcher, Clerk/Manager
(Published in the Chanhassen Villager on
Linda Jansen, Mayor
,2001).
g:Xeng\formsXord amend.doc