§ 7-6. Same—Requirements.
(a)
Permits required. Except as exempted in section 7-5, no person shall do any land disturbing activity without first obtaining a land disturbance permit from the city. A separate permit shall be required for each site or common plan of development or sale, and may cover both excavations and fills. Changes or deviation from previously reviewed plans require an amended permit be applied for and approved before the work is performed.
(b)
When permit may be applied for and issued. A land disturbance permit may be applied for at any time. A land disturbance permit may not be issued until after the city council has granted the applicant a preliminary plat, site plan or equivalent approval of the site and all permit conditions have been completed to the satisfaction of the city. For individual isolated land disturbing activities, the city may grant a land disturbance permit without city council approval of a preliminary plat, site plan, or equivalent approval.
(c)
Application. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the city for that purpose. Every such application shall:
(1)
Identify and describe the work to be covered by the permit for which application is made.
(2)
Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
(3)
Indicate the purpose of the proposed work.
(4)
Be accompanied by plans, diagrams, computations and specifications and other data as required in subsection (e) of this section.
(5)
State the valuation of the work.
(6)
Be signed by the permittee or his authorized agent.
(7)
Give such other data and information as may be required by the city.
(d)
Plans and specifications. Each application for a grading permit shall be accompanied by copies of the Land Disturbance Plan consisting of a grading plan, phasing plan, pond detail sheets, storm water pollution prevention plan, standard detail sheets, specifications and supporting data. The plans, specifications and reports shall be prepared and signed by a person registered by the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, and Interior Design unless specifically exempted by the city.
(e)
Information on plans and in specifications. Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. As a minimum, the plans shall include the information set forth in this chapter and the City of Woodbury Land Disturbance Plan and Implementation Requirements developed by the city. The land disturbance plan shall consist of the following components.
(1)
Grading plan. A grading plan shall be provided that clearly indicates the proposed land disturbing activities. Both existing and proposed topography shall be shown and have a maximum contour interval of two feet. Drainage patterns shall be clearly shown using arrows depicting direction of flow. Other information shall be shown as required by the city based on based on specific project characteristics.
(2)
Phasing plan. A phasing plan shall be provided that clearly indicates the areas in the order they are to be disturbed and restored. The phasing plan shall consider minimization of area and duration of exposed soil and unstable conditions, minimization of the disturbance of natural soil cover and vegetation, erosion and sediment control measure installation, weather conditions and the schedule for temporary and permanent restoration. The area and duration of each phase shall be indicated on the plan.
(3)
Pond detail sheet. A pond detail sheet shall be provided for each constructed storm water pond that shows detailed pond design including normal water level, high water level, aquatic bench, maintenance bench, outlet structures, emergency overflow locations and other project specific data required by the city.
(4)
Storm water pollution prevention plan. The storm water pollution prevention plan shall consist of three components: a temporary erosion and sediment control plan, a permanent erosion and sediment control plan, and a narrative.
a.
A temporary erosion and sediment control plan shall be provided that indicates the location of perimeter controls, construction fence, temporary sedimentation basins, inlet protection, areas to be seeded, areas to be mulched or blanketed and all other required temporary erosion and sediment control measures. This plan shall also indicate staging of temporary erosion control measures.
b.
A permanent erosion and sediment control plan shall be provided that indicates areas to be seeded and sodded, sediment ponds, storm sewer systems and all other required permanent erosion and sediment control measures. Permanent storm water pollution controls including, but not limited to ponds, vegetated buffers and structural measures shall be designed and constructed in accordance with other chapters of the City Code and requirements of other agencies having jurisdiction.
c.
A narrative shall be provided that describes at a minimum, the nature of construction activity, person(s) responsible for inspection and maintenance of site erosion and sediment control including contact information, project phasing, schedules, along with the timing, installation and maintenance of erosion and sediment control measures and specifications necessary to carry out the project.
(5)
Standard detail sheet. A standard detail sheet shall be provided that consists of applicable construction details for approved erosion and sediment control measures as developed by the city. Other techniques may be used upon prior approval by the city with details provided by the designer.
(6)
Specifications. Specifications for land disturbing activities shall be provided as necessary to carry out the project in accordance with this chapter and all other applicable ordinances, laws or agency requirements.
(f)
Alternate materials and methods of construction. The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter, provided any alternate has been approved and its use authorized by the city. The city may approve any such alternate, provided the city finds the proposed design is satisfactory and complies with the provisions of this chapter and that the material, method or worked offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The city shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files of the city.
(g)
Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the city may grant modifications for individual cases, provided the city shall first find that a special individual reason makes the strict letter of this Code impractical and that the modification is in conformity with the intent and purpose of this Code. The details of any action granting modifications shall be recorded and entered in the files of the city.
(h)
Tests. Whenever there is insufficient evidence of compliance with any of the provisions of this chapter or evidence that any material or construction does not conform to the requirements of this chapter the city may require tests as proof of compliance to be made at no expense to the city. Test methods shall be as specified by this chapter or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the city shall determine test procedures.
(i)
Geotechnical engineering report. The geotechnical engineering report, when required, shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading, including the stability of slopes. Recommendations included in the report and reviewed by the city shall be incorporated in the grading plans or specifications.
(j)
Engineering geology report. The engineering geology report, when required, shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and reviewed by the city shall be incorporated in the grading plans or specifications.
(k)
Review and issuance of permit. The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the city. Such plans may be reviewed by other agencies to verify compliance with any applicable laws under their jurisdiction. If the city finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances, and that the fees and security requirements for said permit have been provided, the city may issue a permit to the applicant. When the city issues the permit where plans are required, the city shall endorse in writing or stamp the plans and specifications "Reviewed". Such reviewed plans and specifications shall not be changed, modified or altered without authorization from the city, and all work shall be done in accordance with the reviewed plans. The city may issue a provisional permit for a land disturbing activity before the entire plans and specifications have been submitted or reviewed, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this chapter. The holder of such provisional permit shall proceed at his own risk without assurance that the permit for the entire project will be granted. The issuance of a land disturbance permit by the city does not exempt the applicant from the requirements and permitting authority of other agencies having jurisdiction over the work performed.
(l)
Retention of plans. One set of reviewed plans, specifications and computations shall be retained by the city for a period of not less than one year from date of completion of the work covered therein; and one set of reviewed plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.
(m)
Validity of permit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or of any other ordinance of the city. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid. The issuance of a permit based upon plans, specifications and other data shall not prevent the city from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing land disturbing activities being carried on thereunder when in violation of this chapter or of any other ordinance of the city.
(n)
Expiration. Every permit issued by the city under the provisions of this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 90 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which the permittee may commence work under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The city may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
(o)
Suspension or revocation. The city may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or is found to be in violation of any ordinance or regulation or any of the provisions of this chapter.
(Ord. No. 1749, 4-28-2004)