The URL can be used to link to this page

Home My WebLink About5.B.2.Text Amendment to City Code Regarding Grading, Filling and Excavation-Ord. No. 790 CITY OF SHAKOPEE Memorandum s.f3,~. CASE NO.: 08001 CO~I^~NT I. ~,~ &1' ~., ~~. . ~~~t~ f1 t TO: Honorable May and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to City Code Sec. 11.60, Subd. 6, Grading, Filling and Excavation MEETING DATE: March 5, 2008 REVIEW PERIOD: N/ A INTRODUCTION: City staff reviewed the above-named provision related to grading for consistency with the intent and language of City Code Chapter 12, Subdivision Regulations, and recommended a number of changes, that were subsequently reviewed by the Planning Commission on January 3, 2008, which recommended approval with additional changes or clarifications. The Planning Commission's recommendations have been incorporated in the draft text amendment that accompanies this report. ALTERNATIVES: 1. Offer and approve Ordinance No. 790, an Ordinance of the City of Shako pee amending City Code Sec. 11.60 as presented. 2. Offer and approve Ordinance No. 790, an Ordinance of the City of Shako pee amending City Code Sec. 11.60 with revisions. 3. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended Alternative 1. ACTION REQUESTED: Offer and approve Ordinance No. 790, an Ordinance of the City of Shako pee amending City Code Sec. 11.60. ~ R. Michael Leek Community Development Director H:\CC\2008\03-05\txt grading CC.doc 1 ORDINANCE NO. 790, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING REVISIONS TO CITY CODE SEe. 11.60, SUBD. 6 REGARDING GRADING, FILLING, AND EXCAVATION THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA DOES HEREBY ORDAIN: Section 1. CUITent City Code Chapter 11, Zoning, Section 11.60, PERFORMANCE STANDARDS, Subd. 6, Gradin1!:. Fillin1!: and Excavation, is deleted in its entirety and is replaced with the following text: Subd. 6. Gradill1!. Fillill1! and Excavation. A. Definition. The term "grading" as used in the Subdivision means: "Any excavating, grading, filling, or any other change in the earth's topography involving removing, importing, or moving more than fifty (50) cubic yards of soil, dirt, or similar materials." B. Gradine Associated With Development. Grading that is proposed to be done in contemplation of, in connection with, or in any manner associated with, the development, subdivision, or platting of land may only be undertaken after a grading permit has been approved and issued by the City Engineer pursuant to an approved preliminary plat, planned unit development, or conditional use permit. Any such grading must be done in accordance with the plans as approved by the City Engineer. e. Other Gradinl!:. Grading that is not associated with development may only be done after the grading plans have been approved by the City Engineer and after the issuance of a grading permit by the City Engineer. Any such grading must be done in accordance with the plans as approved by the City Engineer. D. Conditional Use Permit ReQuired. A Conditional Use Permit is required for grading or vegetation alteration in a designated floodplain or designated shoreland overlay zone. E. Exceptions to Gradine Permit ReQuirement. A grading permit is not required for the following activities, except as may be required by other chapters of this Code, Minnesota statutes or rules, or Federal law: H:\JEANETTE\SVNLEGAL\Ord. No. 790 - Grading.DOC 1. Earthwork that will result in removing, importing, or moving less than fifty (50) cubic yards of soil, dirt or similar material that does not take place in any designated floodplain or shoreland overlay zone; 2. Removal of trees that are stom1 damaged; 3. Agricultural Activities; or 4. Grading or tree removal that has been approved and authorized pursuant to a woodland management plan subject to City Code Sec. 11.60, Subd. 9, or a building pem1it properly issued under City Code Chapter 4. F. Gradine Permit Submittal ReQuirements. No grading permit will be issued until the applicant: 1. Pays the grading pem1it fee set forth in the City's most recently adopted fee schedule; 2. Submits a complete grading permit application in a form approved by the City Engineer; 3. Submits all plans, drawings, and calculations required by the City Engineer; 4. Obtains approvals or pem1its required by other governmental entities; 5. Provides the City with a certificate of general liability insurance with limits of at least the amounts established by Minnesota Statutes, Section 466.04 and naming the City as an additional insured for all work to be done as part of the grading; and 6. Provides the City with a cash deposit or a letter of credit in a form approved by the City Attorney in the amount of 125% of the estimated costs for installation and construction (including the costs of City inspection and administration) of all erosion control devices and site restoration, or $1,000 per disturbed acre, whichever is higher. G. Violations. In addition to any other remedy allowed by the City Code or State or Federal Law, grading that is done in violation of this Subdivision shall be subject to the penalties and fees as approved by the City Council and in accordance with the most recently adopted City of Shakopee fee schedule. Section 2. Effective Date of Ordinance. This ordinance becomes effective from and after its passage and publication. H:\JEANETTE\SVNLEGAL\Ord. No. 790 - Grading. DOC 2 Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this _ day of , 2008. ATTEST: City Clerk H:\JEANETTE\SVNLEGAL\Ord. No. 790 - Grading.DOC Mayor of the City of Shakopee 3