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HomeMy Public PortalAbout401CITY OF MEDINA ORDINANCE NO.401 An Ordinance Related to Land Filling and Land Excavation/Grading Operations; Repealing Sections 820.41 and 828.17, Amending Sections 820.39, 820.49, 825.07 and adding new Section 828.28. The city council of the city of Medina ordains as follows: SECTION I. The existing Medina Code Sections 820.41 and 828.17 are being repealed. SECTION II. Medina Code Section 820.39 is amended by deleting the stricken material and adding the underlined material as follows: Section 820.39. Easements. Subd. 1. All easements shall be dedicated by appropriate language on the plat as required by Section 505.02, Subdivision 2, M.S.A. Subd. 2. Provided for Utilities. Easements at least twelve (12) feet wide shall be provided for utilities where necessary. They shall have continuity of alignment from block to block. Subd. 3. Draina_e. Easements shall be provided along each side of the centerline of any watercourse or drainage channel, whether or not shown in the comprehensive plan, to a water runoff from a 100 year storm of one hour duration. Where necessary, drainage cascirx rrespenEl let4i es- sn l be idea e, eh 0 0 ents f a,.airi , e purposes shall not be less than twenty (20) feet in width. SECTION III. Medina Code Section 820.49 is amended by deleting the strieken material as follows: Section 820.49. Improvements Required. Prior to the approval of a final plat, the subdivider shall have agreed in the manner set forth below to install in conformity with construction plans approved by the City Engineer and in conformity with all applicable standards and ordinances, the following improvements on the site: Subd. 1. Monuments. Monuments of a permanent character, as required by Section 505.02, M.S.A., shall be placed at each corner or angle on the outside boundary of the subdivision; and pipes or steel rods shall be placed at each corner of each lot. Subd. 2. Streets. The full width of the right-of-way of each street and alley dedicated in the plat shall be graded. All streets and alleys shall have an adequate sub -base and shall be improved with an all-weather permanent surface in accordance with the design standards specified by the City. Ordinance No. 401 March 21, 2006 1 Subd. 3. Paving. It is required that all streets be improved with bituminous surface according to City specifications. Subd. 4. Curb and Gutter. Concrete curb and gutter is required in all urban service area subdivisions with rural section required in all rural service area subdivisions according to City specifications. Subd. 5. Sidewalks. Sidewalks may be required along both sides of all streets in areas extending from existing streets or in commercial areas. Subd. 6. Water Supply. Where a municipal water supply is available within a reasonable distance, the subdivider may be required to provide a connection to the municipal system. The feasibility of this requirement shall be evaluated based on the cost of constructing the connection weighed against the cost of installing individual wells and the likelihood of an eventual municipal connection in the future. (a) Water mains shall be provided to serve the subdivision by extension of an existing community system wherever feasible. Service connections shall be stubbed into the property line and all necessary fire hydrants shall also be provided. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the standards of the City. (b) In areas being subdivided for rural service with large lots, as specified in the Zoning Ordinance, the location of individual wells shall be provided on each lot, property placed in relationship to the individual sewage disposal facilities on the same and adjoining lots. Well location plans must be submitted for the approval of the Zoning Administrator. Subd. 7. Sewage Disposal. Within urban areas, sanitary sewer mains and service connections shall be installed to serve all the lots in the subdivision and shall be connected to the public sanitary sewer system. In rural areas being subdivided, location for two individual standard on -site sewage disposal facilities shall be provided for each lot. Each such system shall be properly located with reference to the wells on the same and adjoining lots, and the sewage disposal facilities on adjacent lots. Each system area shall comply with section 720 Individual Sewage Treatment Standards, be located within an area of suitable soils that complies with city ordinances, and be protected during construction. Ordinance No. 401 March 21, 2006 2 Subd. 8. Draina_e. A System that will adequately dispose of the surface water runoff to accommodate all natural water flow and shall be of sufficient length to permit full Subd. 9. Street Lighting. Street lighting of a type approved by the City may be required at all intersections within the subdivision. Subd. 10. Street Signs. Street signs of standard design approved by the City shall be installed at each street intersection. Subd. 11. Public Utilities. All utility lines for telephone and electrical service shall be placed in rear line easements when carried on overhead poles. SECTION IV. Medina Code Section 825.07 is amended by deleting the stricken material as follows: Section 825.07. Definitions. The following words and terms shall have the meanings ascribed to them: Subd. 1. Accessory Use or Structure - A use or structure or portion of a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Subd. 2. Administrator - The duly appointed person charged with enforcement of this Ordinance. Subd. 3. Agricultural Use - The use of land for the growing and/or production of field crops, livestock, and livestock products for the production of income including but not limited to the following: (a) Field crops, including: barley, soybeans, corn, hay, oats, potatoes, rye, sorghum, and sunflowers. (b) Livestock, including: dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other domestic animals including ponies, deer, rabbits, and mink, except dogs. (c) Livestock products, including: milk, butter, cheese, eggs, meat, fur and honey. (d) Horticulture - The use of land for the growing or production of fruits, vegetables, flowers, cultured sod and nursery stock, including ornamental plants and trees, for the production of income. Ordinance No. 401 March 21, 2006 3 (e) Aquaculture - The raising and production of fish and other water related products. (f) Drainage Systems, Tiling, and Irrigation. Subd. 4. Airport or Heliport - Any land or structure which is used or intended for use, for the landing and take -off of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port structure or rights -of -way. Subd. 4.1. Apartment - A dwelling unit in a building containing three or more dwelling units. Subd. 5. Auto or Motor Vehicle Reduction Yard - A lot or yard where one or more unlicensed motor vehicle(s), or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage, or abandonment. (See also Junk Yard.) Subd. 6. Basement - Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Subd. 7. Bluffline - A line along the top of a slope connecting the points at which the slope becomes less than 12% over a distance of at least 50 feet. This applies to those slopes within the land use district(s) which are beyond the setback provisions from the ordinary high water level. Subd. 8. Boathouse - A one (1) story structure not to exceed 10 feet in height, exclusive of safety rails, used or intended for use for the of storage of boats and accessories. Subd. 8.1. Boarding house (Rooming or Lodging House) - A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed ten persons. Subd. 9. Building - A structure having a roof supported by columns or walls. Subd. 10. Building Line - A line parallel to the street Medina City Code right-of-way at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way line. Subd. 11. Building Line, Shoreland - A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. Subd. 12. Building Height - The vertical distance measured from the average grade around the building (points measured every 10 feet around the building), to the top cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest point of a shed roof, to the uppermost point on a round roof, and to the Ordinance No. 401 March 21, 2006 4 mean elevation between the eave and peak for the highest pitched, hipped or gambrel roof. If the average grade exceeds the building's grade along the front of the lot by more than three feet, the lowest grade shall be used. Subd. 13. Building Setback - The minimum horizontal distance between the building and a lot line. Subd. 14. Business - Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation. Subd. 15. Carport - An automobile shelter having one or more sides open. Subd. 16. Church - A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Subd. 17. Club and Lodge - A public or private building in which the members of one or more public or private organizations regularly assemble. Subd. 18. Comprehensive Plan or Policies - A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the county and its environs, as defined in the Minnesota City Planning Act, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts Medina City Code thereof. Subd. 19. Commissioner - Commissioner of the Minnesota Department of Natural Resources. Subd. 20. Community Residential Facility - A state licensed group home or foster home serving mentally retarded or physically handicapped persons. Subd. 21. Conditional Use - The conditional use is a permitted use within the zone, and maintains itself as a permitted use as long as the conditions set down by the City Council are not violated. The Council has the authority to set conditions on the granting of a conditional use permit because, although the use is permitted in the zone, it may be detrimental to the adjoining properties in certain instances, unless various conditions are attached. A conditional use permit runs with the land and can be maintained by subsequent owners as long as the conditions are not violated. There may be instances where a conditional use permit is reviewed annually by a City Council, but this procedure is effective only to determine whether the conditions are being violated. The permit cannot be revoked, on an annual review, if all conditions are being complied with. Subd. 22. County Board - Hennepin County Board of Commissioners. Ordinance No. 401 March 21, 2006 5 Subd. 23. Curb Level - The grade elevation established by the governing body of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this Ordinance. Subd. 23.1. Deck - A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and extending at any point more than three feet above ground. Subd. 24. Drive -In - Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether Medina City Code service is also provided within a building. Subd. 25. Dwelling Unit - A residential building or portion thereof which is arranged, designed, used or intended for use as the living quarters for one family, but not including hotels, motels, or boarding or rooming houses. Subd. 26. Dwelling, Attached - a dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Subd. 27. Dwelling, Detached - A dwelling which is entirely surrounded by open space on the same lot. Subd. 28. Easement - A grant by a property owner for the use of a strip of land by the public or any person for any specific purpose or purposes. Subd. 28.1. Equal Degree of Encroachment - a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Subd. 29. Essential Services - Overhead or underground electric, gas, communication, steam or water transmission or distribution systems and structures, by public utilities or governmental departments or commissions or as are required for protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, and accessories in connection therewith, but not including buildings or any personal wireless service facilities or unlicensed wireless service facilities, as defined in 47 U.S.C. § 332(c)(7)(C). Notwithstanding the above, a building may be constructed as an accessory structure to an essential service provided that it may be used only to provide weather protection for stationary equipment, may not exceed 400 square feet and may not exceed 15 feet in height. If a building is constructed as an accessory structure to an essential service, the exterior building materials must be in compliance with Section 828.04 and the site must be landscaped in accordance with Section 828.09 of this ordinance. Ordinance No. 401 March 21, 2006 6 Subd. 30. Exterior Storage (Includes Open Storage) - The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. (a) The removal, breaking or undermining of 300 cubic yards or more of the b) The removal, breaking or undermining of less than 300 cubic yards of the nat ra, surf e f the earth cel d„ring a , , 2 r,.. nth p a when fe) in less beneficial cover for present or proposed future development, or will otherwise unreasonably impair the use or development of any adjacent property for the purposes for which it is zoned. In the shoreland overlay district, the use of land for surface or subsurfacc removal of any quantity of sand, gravel, rock, industrial minerals, or nonmetallic minerals and peat not regulated under Minnesota Statutes, sections 93.11 to 93.51. Subd. 32. Family - Family is any one of the following: (a) An individual; (b) Two or more persons related by blood, marriage or adoption and maintaining a common household; (c) A group of not more than five unrelated persons maintaining a common household. Subd. 33. Farm - A tract of land 10 acres or more in size which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming. Such farm may include agricultural dwellings and accessory buildings and structures necessary to the operation of the farm. Subd. 34. Feedlots, Livestock - The place of confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes in yards, lots, pens, buildings, or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of such feeding of animals. Subd. 35. Fence - A fence is defined for the purpose of this Ordinance as any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, or within the required yard. Subd. 36. Flood - A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Subd. 37. Flood Frequency - The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equalled or exceeded. Ordinance No. 401 March 21, 2006 7 Subd. 38. Flood Fringe - That portion of the floodplain outside of the floodway and which has been or hereafter may be covered by the regional flood. Subd. 39. Flood Proofing - A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Subd. 40. Floodplain - The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Subd. 41. Floodway - The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood. Subd. 42. Floor Plan - General - A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans. Subd. 43. Forestry - The use and management including logging, of a forest woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of woodroads, skidways, landings, and fences. Subd. 44. Frontage - That boundary of a lot which abuts an existing or dedicated public street. Subd. 45. Garage, Private - An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises. Subd. 46. Garbage - All discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food. Subd. 47. Governing Body - Medina City Council. Subd. 48. Highway - Any public thoroughfare or vehicular right-of-way with a Federal or State numerical route designation; any public thoroughfare or vehicular right-of-way with a Hennepin County numerical route designation. Subd. 49. Home Occupation - Any gainful occupation or profession engaged in by any occupant of a dwelling which is clearly incidental and secondary to the use of the dwelling for residential purposes and subject to the following limitations: (a) no person not residing in the dwelling may be employed on -site in the home occupation; (b) no over-the-counter retail sales; (c) no exterior signs or signs visible from the exterior advertising the home occupation; Ordinance No. 401 March 21, 2006 8 (d) no outside storage; (e) the home occupation must be conducted solely within the principal structure and may not occupy more than 500 square feet or 25 percent of the principal floor, whichever is less; (f) no customers, clients, patients or students may visit the site in connection with the home occupation; (g) no deliveries associated with the home occupation may be made in commercial vehicles over one ton capacity; (h) no equipment or devices not customarily used in residential dwellings may be used in connection with the home occupation; (i) entrance to the space used for the home occupation must be within the dwelling; (j) no interior or exterior alterations may be made to the dwelling to accommodate the home occupation except as may be customarily found in a dwelling; (k) no vehicle displaying the name of the home occupation may be used unless it is customarily parked within an enclosed garage; (1) the home occupation may not produce any light, glare, noise or vibration perceptible beyond the boundaries of the property which is not customarily associated with residential use; and (m) the home occupation must be operated in compliance with all other applicable federal, state and local statutes, ordinances, codes and regulations. Subd. 49.1. Home Occupation (Conditional) - Any gainful occupation or profession engaged in by any occupant of a dwelling which is clearly incidental and secondary to the use of the dwelling for residential purposes and subject to the following limitations: (a) not more than one person not residing in the dwelling may be employed on -site in the home occupation, regardless of the number of hours worked by the individual; (b) no over-the-counter retail sales; (c) only such signs as are permitted under Section 815.09 of this ordinance; (d) no outside storage; (e) the home occupation must be conducted solely within the principal structure; (f) limited customer, client, patient or student visits to the site in connection with the home occupation; (g) there must be adequate off-street parking for the anticipated number of persons on the site at any one time and the parking area must be screened from view from adjacent properties or rights -of -way; (h) limited deliveries associated with the home occupation in commercial vehicles over one ton capacity; (i) no equipment or devices not customarily used in residential dwellings may be used in connection with the home occupation; Ordinance No. 401 March 21, 2006 9 entrance to the space used for the home occupation must be within the dwelling; no interior or exterior alterations may be made to the dwelling to accommodate the home occupation except as may be customarily found in a dwelling; any vehicle displaying the name of the home occupation must be parked in an enclosed garage or in an area screened from view from adjacent properties or rights -of -way; the home occupation may not produce any light, glare, noise or vibration perceptible beyond the boundaries of the property which is not customarily associated with residential use; hours of business activity may be limited by the city council to protect the public health, safety and welfare; the home occupation must be operated in compliance with all other applicable federal, state and local statutes, ordinances, codes and regulations; and the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the neighborhood. Subd. 49.2. Hotel - A building which provides a common entrance, lobby, halls and stairway and in which ten or more people are, for compensation, lodged with or without meals. Subd. 49.3. Individual Sewage Treatment System - A sewage treatment system, or part thereof, serving a dwelling or other small living or business unit, or group, thereof, which utilizes soil treatment and disposal. Subd. 49.4. Intensive Vegetation Clearing - The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. Subd. 49.5. Interim Use — A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Subd. 50. Junk Yard - An open area where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills. Subd. 51. Kennel - Any structure or premises on which three (3) or more dogs over six (6) months of age are kept requiring a license. Subd. 52. Landscaping - Planting such as trees, grass and shrubs. Ordinance No. 401 March 21, 2006 10 Subd. 52.1. Lodging Room - A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodations shall counted as one lodging room. Subd. 53. Lot - A parcel or portion of land in a subdivision or plat of land separated from other parcels or portions by description as on a subdivision or record of survey map, for the purpose of sale or lease or separate use thereof Subd. 54. Lot of Record - Any lot which is one unit heretofore duly approved and filed that has been recorded in the office of the County Recorder for Hennepin County, Minnesota, prior to the effective date of this Ordinance. Subd. 55. Lot Area - The area of a lot in a horizontal plane bounded by lot lines, but not including any area occupied by an floodplain as designated on the adopted HUD/DNR Floodplain Map or area occupied by a wetland as designated on the Hennepin County Soil and Water Conservation District Map. Subd. 56. Lot, Corner - A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty-five degrees. Subd. 57. Lot Depth - The mean horizontal distance between the front lot line and the rear lot line of a lot. Subd. 58. Lot Line - The property line bounding a lot except that where any portion of a lot extends into the public right-of-way. The public right-of-way shall be the lot line for applying this Ordinance. Subd. 59. Lot Line, Front - That boundary of a lot which abuts an existing or dedicated public street. For purposes of addressing a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the City Council. Subd. 60. Lot Line, Rear - That boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Subd. 61. Lot line, Side - Any boundary of a lot which is not a front lot line or a rear lot line. Subd. 62. Lot, Substandard - A lot or parcel of land for which a deed has been recorded in the office of the Hennepin County Recorder upon or prior to the effective date of this Ordinance which does not meet the minimum lot area, structure setbacks or other dimensional standards of this Ordinance. Ordinance No. 401 March 21, 2006 11 Subd. 63. Lot, Through - A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lines for applying this Ordinance. Subd. 64. Lot Width - The maximum horizontal distance between the side lot measured at the building setback line. Subd. 65. Metes and Bounds - A method of property description by means of their direction and distance from an easily identifiable point. Subd. 66. Mining - The extraction of sand, gravel, rock, soil, black dirt or other material from the land in the amount of one thousand cubic yards or more and the removing thereof from the site without processing shall be mining. The only exclusion from this definition shall be removal of materials associated with construction of a building, provided such removal is an approved item in the building permit. Subd. 66.1. Mobile Home - A dwelling unit bearing the seal of the state building inspector classifying it as a mobile home. Subd. 67. Mobile Home Park - Any site, lot, field, or tract of land under single ownership, designed, maintained or intended for the placement of two (2) or more occupied mobile homes. "Mobile Home Park" shall include any buildings structure, vehicle, or enclosure intended for use as part of the equipment of such mobile home park. Subd. 67.1. Modular Home - A dwelling unit bearing the seal of the state building inspector classifying it as a modular home. Subd. 67.2. Motel - A building or group of detached semi-detached, or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients. Subd. 68. Multiple Residence - Three or more dwelling units in one structure. Subd. 69. Nursery, Landscape - A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction. Subd. 69.1. Nursing Home - A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. Said nursing home shall be licensed by the state board of health as provided for in Minnesota Statutes, section 144.50. Subd. 69.2. Obstruction - Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, Ordinance No. 401 March 21, 2006 12 watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Subd. 70. Official Map - The map established by the governing body in accordance with the City Planning Act (MSA 462.354), showing streets, highways, parks and drainage, both existing and proposed. Subd. 71. Off -Street Loading Space - A space accessible from a street, alley, or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of a size as to accommodate one vehicle of the type typically used in the particular business. Subd. 72. Open Sales Lot (Exterior Storage) - Any land used or occupied for the purpose of buying and selling goods, materials, or merchandise and for the storing of same under the open sky prior to sale. Subd. 73. Ordinary High Water Level - The boundary between public waters and wetlands at an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominately aquatic to predominately terrestrial. For watercourses, the ordinance high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Subd. 74. Parking Space - A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile. Subd. 75. Pedestrian Way - A public or private right-of-way across or within a block, to be used by pedestrians. Subd. 75.1. Planned Unit Development: (a) As a conditional use permit, a development procedure whereby internal site design standard deviations from this Code may be allowed in order to accommodate two (2) or more principal structures, and/or facilitates improved site design and operation. (b) As a zoning district, a development procedure whereby a mixing of buildings and uses can occur which cannot be otherwise addressed under this Code, and/or whereby internal site design standard deviations from this Code may be allowed to improve site design and operation. Subd. 76. Planning Commission - The Planning Commission of Medina except where otherwise designated. Ordinance No. 401 March 21, 2006 13 Subd. 77. Principal Structure or Use - One which determines the predominant use as contrasted to accessory use or structure. Subd. 78. Property Line - The legal boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cartway, and the like. Subd. 79. Protective Covenant - A contract entered into between private parties which constitute a restriction of the use of a particular parcel of property. Subd. 80. Public Land - Land owned or operated by municipal, school district, county, state or other governmental units. Subd. 80.1. Public Waters - Any waters as defined in Minnesota Statutes, section 105.37, subdivisions 14 and 15. Subd. 80.2. Reach - A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Subd. 81. Recreation, Public - Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation. Subd. 82. Recreation, Commercial - Includes all uses such as bowling alleys, golf courses, driving ranges, and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public. Subd. 83. Recreation Equipment - Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding twenty feet in length, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures but not including tree houses, swimming pools, play houses exceeding twenty-five square feet of floor area or sheds utilized for storage of equipment. Subd. 81. Reclamation Land Depositing 300 cubic yards or morc of fill on a parcel during any 12 month period for the purpose of elevating or changing its grade. Subd. 85. Refuse - All putrescible and nonputrescible solid wastes, except body wastes, and including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and market and industrial solid wastes. Subd. 86. Regional Flood - A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval. Ordinance No. 401 March 21, 2006 14 Regional flood is synonymous with the term "base flood" used in the flood insurance study. Subd. 87. Registered Land Survey - A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of a Registered Land Survey Number. See Minnesota Statutes 508.47. Subd. 88. Regulatory Flood Protection Elevation - A point not less than one foot above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this Ordinance are required to be elevated or flood proofed. Subd. 89. Riding Stable - Commercial - Where horses are boarded for a fee or which has facilities for providing riding instructions, training, and sale of horses. Subd. 90. Riding Stable - Private - Stables, barns and facilities for the keeping and riding of horses, both indoor and outdoor, as an Accessory Use to a Single Family Dwelling, and for no commercial use. Subd. 91. Riding Stable - Public - Where horses are boarded but which provide horses for rent, for recreational use and operate as a livery stable. Subd. 92. Road - A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated, Ingress and egress easements shall not be considered roads. Subd. 93. Sanitary Landfill - A method of disposing of solid waste on land in accordance with a preconceived plan and without creating nuisances or hazards to public health or safety but utilizing the principles of environmental planning and engineering to confine solid waste to the proper and smallest practical area, to reduce it to the smallest volume, and to cover it with an adequate layer of earth at the conclusion of each day's operation, or at such more frequent intervals as may be required. Subd. 94. Selective Cutting - The removal of single scattered trees. Subd. 94.1. Shore Impact Zone - Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. Subd. 95. Shoreland - Land located within the following distances from public waters: 1,000 feet from the normal high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on such a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the water for lesser distances and when approved by the commissioner. Ordinance No. 401 March 21, 2006 15 Subd. 96. Shoreland Setback - The minimum horizontal distance between a structure and the normal high water level. Subd. 96.1. St p Slope In the shoreland overlay district, land where agricultural activity or development is either not recommended or described as poorly suited due to county soil surveys or other technical reports, unless appropriate design and construction ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, but which a et blu Subd. 97. Street - A public right-of-way which affords primary means of access to abutting property, and shall also include avenue, highway, road or way. Subd. 98. Street, Collector - A street which serves or is designed to serve as a traffic -way for a neighborhood or as a feeder to a major road. Subd. 99. Street, Major or Thoroughfare - A street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic. Subd. 100. Street, Local - A street intended to serve primarily as an access to abutting properties. Subd. 101. Street Pavement - The wearing or exposed surface of the roadway used by vehicular traffic. Subd. 102. Street Width - The width of the right-of-way, measured at right angles to the centerline of the street. Subd. 103. Story - That portion of a building included between the surface of any floor and the surface of the floor next above. A basement shall be counted as a story. Subd. 104. Structure - Anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Section 826.89 of this ordinance and other similar items. Subd. 105. Structural Alteration - Any change, other than incidental repairs, which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, girders or foundations. Subd. 106. Subdivision - A subdivision is the dividing of a parcel of land into two or more parcels. Ordinance No. 401 March 21, 2006 16 (a) Platted Subdivision - if any resultant parcel is less than five (5) acres in area and less than three hundred (300) feet in width and the subdividing was done for the purpose of transfer of ownership to effectuate building development or if a new street or road is involved, regardless of the size of the parcel and/or its width, subsequent parcels must be platted in accordance with the terms and procedure of the City of Medina's Subdivision Regulations. (b) Unplatted Subdivision - A division of any parcel of land into two or more parts wherein all parts are at least five (5) acres and at least three hundred (300) feet in width and where no new road is involved. These do not require platting. Subd. 107. Travel Trailer - A vehicle without motor power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet building code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "Trailer" shall include camp car, camp bus, camper and house car. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the Minnesota Building Code. Subd. 107.1. Townhouse - A single family building attached by party walls with other single family buildings, and oriented so that all exits open to the outside. Subd. 108. Use - The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained. Subd. 109. Use, Accessory - A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Subd. 110. Use, Non -Conforming - Use of land, buildings or structures legally existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any amendments hereto governing the zoning district in which such use is located. Subd. 111. Use, Permitted - A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district. Subd. 112. Use, Principal - The main use of land or buildings as distinguished from subordinate or accessory uses. A "Principal Use" may be either permitted or conditional. Subd. 113. Use, Conditional - See Conditional Use. Subd. 114. Variance - A variation of the provisions of this Ordinance where it is determined that strict application of the Ordinance would cause an undue hardship. Ordinance No. 401 March 21, 2006 17 Subd. 115. Wetland - Land transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. Wetlands must have a predominance of hydric soils, be inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions and, under normal circumstances, support a prevalence of hydrophytic vegetation. Subd. 116. Yard - A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this Ordinance. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. Subd. 117. Yard, Rear - The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. Subd. 118. Yard, Side - The yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located. Subd. 119. Yard, Front - A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located. Subd. 120. Zoning Amendment - A change authorized by the City either in the allowed use within a district or in the boundaries of a district. Subd. 121. Zoning District - An area or areas within the limits of the City for which the regulations and requirements governing use are uniform. Ordinance No. 401 March 21, 2006 18 SECTION V. New Medina Code Section 828.28 is being added as follows: 828.28. Land Filling and Land Excavation/Grading Operations. Subd. 1. Purpose. The purpose of this ordinance is to minimize the effects on the environment, roads, and community with respect to land filling, land excavation and grading operations which change the topography of land. It is the intent of the city that the regulations and standards set forth in this ordinance are in addition to other provisions of the city code that regulate the use of land. Subd. 2. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: 211 "As -Graded" is the extent of surface conditions on completion of Grading. "Bedrock" is in -place solid rock. "Bench" is a relatively level step excavated into Earth Material of which Fill is to be placed. "Civil Engineer" is a professional engineer registered in the State of Minnesota to practice in the field of Civil Engineering. "Civil Engineering" is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind. Lej "Compaction" is the densification of a Fill by mechanical means. Lai "Designer" is a person licensed or certified by the Minnesota Board of Architects: Engineers, Land Surveyors and Landscape Architects who is responsible for the preparation of the grading plans and specifications. "Earth Material" is any rock, Soil or Fill and/or any combination thereof. "Engineering Geologist" is a geologist experienced and knowledgeable in Engineering Geology. "Engineering Geology" is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and Soil for use in the design of civil works. Ordinance No. 401 March 21, 2006 19 (j,) "Engineering Geology Report" is a report that consists of an adequate description of the geology of the Site, conclusions and recommendations regarding the effect of the proposed grading on geologic conditions on the Site, and opinions and recommendations covering the suitability of the Site to be developed by the proposed Grading. Recommendations included in the report shall be incorporated in the grading plans or specifications. "Erosion" is the wearing away of the ground surface as a result of the movement of wind, water and/or ice. "Excavation" is the mechanical removal of Earth Material. finj "Fill" is a deposit of Earth Material placed by artificial means. fill "Finish Grade" is the final Grade of the Site which conforms to the approved plan. fal "Geotechnical Engineer" has the same definition as "Soils Engineer." (p) "Geotechnical Engineering" has the same definition as "Soils Engineering." "Grade" is the vertical location of the ground surface. "Grading" is any excavating or Filling or combination thereof. "Retaining Wall" is a wall or similar structure designed for the retention of dirt, gravel, sand, Soil, or other landscaping, natural, or man-made material. "Site" is any lot or parcel of land or contiguous combination thereof, under the same ownership, where Grading is performed or permitted. im) "Slope" is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. tyj "Soil" is naturally occurring superficial deposits overlying Bedrock. "Soils Engineer" is an engineer experienced and knowledgeable in the practice of Soils Engineering or Geotechnical Engineering. j2i) "Soils Engineering" is the application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use Ordinance No. 401 March 21, 2006 20 of Earth Materials and the inspection and/or testing of the construction thereof. (v) "Soils Engineering Report" is a report that shall consist of the following information: data regarding the nature, distribution and strength of existing Soils; conclusions and recommendations for Grading procedures; design criteria for corrective measures, including buttress Fills, when necessary; and opinions and recommendations covering adequacy of Sites to be developed by the proposed Grading, including the stability of slopes. Recommendations included in the Soils Engineering Report shall be incorporated in the grading plans or specifications. j_KI "Spoil Site is the temporary site used to deposit the materials from an excavation. fzl "Terrace" is a relatively level step constructed in the face of a graded Slope surface for drainage and maintenance purposes. Subd. 3. Existing Fill, Excavations or Embankments. Whenever the city determines that any existing Excavation, embankment or Fill on private property has become a hazard to life and limb, or endangers property, public roads or drainage channels, the owner of the property upon which the Excavation, embankment or Fill is located, upon receipt of notice in writing from the city, shall within the period specified in the notice obtain a grading permit and repair or eliminate such Excavation or embankment in order to eliminate the hazard and be in conformance with the requirements of this ordinance. Subd. 4 Permits Required; Exceptions. j Permits required. Except as exempted by this ordinance, no person or entity shall do any Grading without first obtaining a grading permit from the city. A separate grading permit shall be required for each Site. fill When Grading Permit may be Applied for and Issued. A grading permit may be applied for at any time, but must be obtained prior to any Grading being performed on the Site. If the Site is under formal review for a preliminary plat or site plan by the city, a grading permit may not be issued by the city until it is authorized by the city council. For individual isolated Grading, the city engineer may grant a Grading permit without city council approval. Lo The city may issue a Grading permit for a portion of the Site prior to plans and specifications for the entire Site or project being submitted or reviewed by the city, provided that adequate information and detailed statements have been filed by the applicant that complies with all pertinent Ordinance No. 401 March 21, 2006 21 fLii requirements of this ordinance. The applicant may proceed at his or her own risk without assurance that the grading permit for the entire Site or project will be granted by the city. Exceptions. No person shall do any Grading on any property within the city without first obtaining a grading permit from the city, except for the following activities which do not require a grading permit: L Grading by the federal, state, county, or city government in connection with the construction or maintenance of roads, highways, or utilities; Grading for curb cuts, utility hookups, or street openings for which another permit has been issued by the city; iii Grading of less than fifty (50) cubic yards; (iv) Grading for agricultural uses, as defined in subdivision 5 of this ordinance; LI Cemetery graves; (vi) Refuse disposal sites controlled by other laws and regulations; and (vii) Exploratory Excavations under the direction of Soil Engineers or Engineering Geologists. Subd. 5. Agricultural Uses Exempted. Grading directly related to Agricultural Uses, as defined in Medina code section 825.07 subdivision 3, is exempt from the grading permit and fee requirements of this ordinance, following an administrative review by the city which shall include review and compliance with the following: ( Wetland conservation as required by Medina code section 828.43., th2 Compliance with Medina code section 415 (Seasonal Weight Limits Commercial Vehicles); Lej A map of the property that shows any trees that are to be removed, preserved or replaced as a result of the Grading; iLli Compliance with the rural subdivision contiguous suitable soil requirements as required by Medina code section 820; ( Location of any Spoil Sites; and Ordinance No. 401 March 21, 2006 22 ( Any impact on adjacent properties. Subd. 6. Grading Permit Application Requirements. 0) Application. In order to obtain a grading permit from the city, the applicant shall file an application in writing on a form furnished by the city for that purpose. Every application shall contain the following information: fili (i) A description of the Grading to be performed for which the permit is being applied for; al A description of the Site on which the proposed Grading is to be done which shall be either a legal description, street address or similar description that will readily identify and definitely locate the proposed Grading; iii The purpose of the proposed Grading; (iv) The valuation of the Grading; fy) A signature from the property owner or the property owner's authorized responsible agent that authorizes the Grading; f vi) A description of any Spoil Site locations; (vii) A statement of the Grading's impact on any surrounding roads and any haul routes to be used for the Grading; and (viii) Any other data and information that may be required by the city. Grading Permit Fees. The applicant shall also pay a grading permit fee., which shall include a grading plan review fee to the city. The amount of the grading permit fee shall be set forth in the city's fee schedule that is adopted from time to time by the city council by resolution. ( Financial Security. Upon submittal of the application for the grading permit, the city shall require a letter of credit in such form and amount as may be deemed necessary by the city to assure that the Grading, if not completed in accordance with the reviewed grading plans and specifications and this ordinance, will be corrected to eliminate any hazardous conditions. The amount of the letter of credit may be reduced by the city in instances where it has been requested by the applicant and Ordinance No. 401 March 21, 2006 23 the city and the applicant have entered into a development agreement. The amount of the reduction shall be based upon the extent to which the Grading and restoration have previously been completed and the continued need for Erosion control. Ld) Supporting Information. Each application for a grading permit shall be accompanied by three (3) sets of grading plans, specifications and any supporting data. The grading plans, specifications and any supporting data shall be prepared and signed by a person who is licensed or certified as a Soils Engineer or as an Engineering Geologist by the Minnesota Board of Architects, Engineers, Land Surveyors and Landscape Architects unless otherwise specifically exempted by the city. j General. All grading plans submitted to the city shall consist of three components: the grading plan, the erosion control plan and the standard detail sheet. All pages of the grading plan shall be of sufficient clarity to indicate the nature and extent of the Grading proposed and show in detail that it will conform to provision of this ordinance and all relevant ordinances, statutes, rules and regulations. ii Specific. Grading plans shall be drawn to scale. The first sheet of each set of grading plans shall give the location of the Grading, the name and address of the property owner and the person by whom the grading plans were prepared. At a minimum, the grading plans shall include the following information: tA,) Existing and proposed contours in two (2) foot intervals; all Number of cubic yards of earth to be disturbed; j Location of silt fencing. Areas around preserved trees and the perimeter of the Site shall be protected by a silt fence; all Trees to be removed and preserved; tfj Elevations of the average Grade around any building(s). Elevation points shall be measured every ten (1 0) feet around the building(s); f Elevations of one of the following that applies to the type of roof structure. If the average Grade exceeds the building's Grade along the front of the lot by more than three feet, the lowest Grade shall be used. Ordinance No. 401 March 21, 2006 24 al Top cornice of a flat roof; a) Deck line of a mansard roof; A point on the roof directly above the highest point of a shed roof; (4) Uppermost point on a round roof; or (5) Mean elevation between the eave and peak for a pitched, hipped or gambrel roof. (iii) Site Plan Reviews and Residential Subdivisions. All property undergoing a site plan review or a residential subdivision shall further provide in the grading plans cross-section details depicting the structures at the proposed Finish Grade. All proposed and existing Retaining Walls shall be shown on the grading plans. All Retaining Walls over four (4) feet in height or instances where the separation between multi -tiered Retaining Walls is less than two (2) times the height of the taller Retaining Wall shall be designed by a Civil Engineer. All of the above information shall be submitted at preliminary and final review of site plan and subdivision, and shall be subject to approval by the city council. (iv) Retention of Grading Plans. One (1) set of the reviewed grading plans, specifications and supporting data shall be retained by the city for a period of not less than ninety (90) days from date of completion of the Grading covered therein. One (1) set of the reviewed grading plans, specifications and supporting data shall be returned by the city to the applicant, and they shall be kept by the applicant on the Site of the Grading at all times during which the Grading is in progress. Subd. 7. Review and Issuance of the Grading Permit. The grading permit application, plans, specifications and supporting data submitted by an applicant shall be reviewed by the city engineer. Such plans may also be reviewed by other departments within the city to verify compliance with any applicable laws or ordinances. If the city engineer finds that the Grading described in the grading permit application, plans, specifications and other data filed therewith conform to the requirements of this ordinance and other applicable ordinances, statutes, rules and regulations, and that the fees and financial security requirements for the grading permit have been provided, the city engineer shall issue the grading permit to the applicant. Once the grading permit is issued by the city, the corresponding grading plans, specifications and supporting data shall not be changed, Ordinance No. 401 March 21, 2006 25 modified or substituted without prior authorization from the city engineer. All Grading done pursuant to the Grading permit shall be performed in accordance with the reviewed grading plans. Subd. 8. Alternate Materials and Methods of Construction. The provisions of this ordinance are not intended to prevent the use of any material or method of construction not specifically prescribed by this ordinance provided that the alternate material or method of construction has been approved by the city engineer. The city engineer may approve any such alternate material or method of construction, provided that he or she finds that the proposed alternate material or method of construction proposed is: suitable for the purpose intended and at least the equivalent of the materials and/or method of construction that is required by this ordinance with respect to suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The city engineer shall require that sufficient evidence or proof be submitted by the applicant to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate material or method of construction shall be recorded by the city engineer and kept in the city's files. Subd. 9. Amended Grading Permits. Any changes desired to be made to the Grading plan by the applicant following the issuance of a grading permit by the city shall be submitted to the city for review before the Grading is performed. No changes to the grading plan may be implemented by the applicant unless approved by the city engineer. Any desired change to the Grading plan shall be supported by information showing the changes desired, the reasons for the change, the effect the change would have upon buildings, structures, drainage facilities and patterns. The request shall be accompanied by a Soils Engineering and/or an Engineering Geology Report if necessary. If the changes requested by the applicant are acceptable, the city engineer may issue an amendment to the grading permit. Subd. 10. Change of Designer, Soils Engineer, Engineering Geologist or Testing Company. If the Designer, the Soils Engineer, the Engineering Geologist or the testing company of record is changed by the applicant during the course of the Grading, the city shall be notified of the change. Grading shall be stopped until the replacement has agreed to accept the responsibility within the area of his or her technical competence for approval. The city shall be provided with a copy of the replacement's acceptance of responsibility. Subd. 11. Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this ordinance, 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 ordinance impractical and that the modification is in conformity with the intent and purpose of this ordinance. The details of any action by the city that grants modifications shall be recorded and kept in the city's files. Ordinance No. 401 March 21, 2006 26 Subd. 12. Testing. Whenever there is insufficient evidence of compliance with any of the provisions of this ordinance or evidence that any material or construction does not conform to the requirements of this ordinance, the city may require tests as proof of compliance. All tests required by the city shall be made by the applicant at no expense to the city. Test methods shall be as specified by this ordinance or by other recognized and accepted test methods. If there are no recognized and accepted test methods for the proposed alternate test, the city shall determine test procedures. Subd. 13. Grading Requirements. Cuts. Unless otherwise recommended in the approved Soils Engineering and/or Engineering Geology Report(s), cuts shall conform to the provisions of this subdivision. This requirement may be waived by the city for minor cuts not intended to support structures and not requiring Soils Engineering or Engineering Geology Reports. Slope. The Slope of cut surface shall be no steeper than is safe for the intended use. Slopes for short, interim periods shall be no steeper than two (2) horizontal to one (1) vertical, unless the owner furnishes a Soils Engineering or an Engineering Geology Report that states that the Site has been investigated and that the steeper Slope cut will be stable and will not create a hazard to public or property. Unless otherwise specifically approved by the city, all permanent Slopes shall be no steeper than three (3) horizontal to one (1) vertical. Fills. Unless otherwise recommended in the approved Soils Engineering Report, all Fills shall conform to the provisions of this ordinance. In the absence of an approved Soils Engineering Report, this requirement may be waived by the city for minor Fills that will not support structures. L Clearing Area to be Filled. All timbers, logs, trees, brush and rubbish shall be removed from the Site. No burning of the debris to be removed shall be allowed unless a burning permit is issued by the city for the Site. ii Preparation of Ground. The ground surface shall be prepared to receive Fill by removing any vegetation, noncomplying Fill, topsoil and other unsuitable materials that are unable to provide a bond with the new Fill. In situations where the Slopes are steeper than five (5) to one (1) and the height is greater than five (5) feet, the ground surface shall be additionally prepared by Benching into sound Bedrock or other competent material as determined by a Soils Engineer or Engineering Geologist. The Bench under the toe of a Fill on a Slope steeper than five (5) to one (1) shall be at least Ordinance No. 401 March 21, 2006 27 ten (10) feet wide. The area beyond the toe of Fill shall be sloped for sheet overflow or a paved drain shall be provided. When Fill is to be placed over a cut, the Bench under the toe of Fill shall be at least ten (10) feet wide but the cut shall be made before placing the Fill and the foundation shall be accepted by a Soils Engineer or an Engineering Geologist as a suitable foundation for Fill. (iii) Fill Material. Except as permitted by the city, no rock or similar irreducible material with a maximum dimension greater than twelve (12) inches shall be buried or placed in the Fill. Organic Fill material shall not be permitted in building pad or roadway areas. The city may permit placement of rock with a maximum dimension larger than twelve (12) inches when a Soils Engineer properly devises a method of placement, continuously inspects the placement and approves the Fill's stability. The following conditions shall also apply: LAI Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan; LIEll Rock sizes greater than twelve (12) inches in maximum dimension shall be ten (10) feet or more below Grade, measured vertically; and Q Rocks shall be placed so as to assure Filling of all voids with fines. (iv) Compaction. All Fills shall be compacted to a minimum ninety (90) percent of maximum density as determined by the specified density method. In -place density shall be determined in accordance with the ASTM D698-70 Compaction standard. fyj Slope. The Slope of Fill surfaces shall be no steeper than is safe for the intended use or three (3) horizontal to one (1) vertical, whichever is less. (vi) Drainage and Terracing. Drainage and terracing shall be provided. The area above Fill Slopes, and the surfaces of Terraces shall be Graded and paved as required by the city's ordinances. fl Setbacks. Cut and Fill Slopes shall be set back from Site boundaries in accordance with this ordinance. Setback dimensions shall be horizontal distances measured perpendicular to the Site boundary. Setback dimensions shall be shown on the grading plan. Ordinance No. 401 March 21, 2006 28 01 Top of Cut Slope. The top of a cut Slope shall be made not nearer to a Site boundary line than one -fifth of the vertical height of the cut with a minimum of two (2) feet and a maximum required setback of ten (10) feet. The setback may need to be increased for any required interceptor drains. tip Toe of Fill Slope. The toe of a Fill Slope shall be made not nearer to the Site boundary line than one-half the height of the Slope with a minimum of two (2) feet and a maximum required set back of twenty (20) feet. Where a Fill Slope is to be located near the Site boundary and the adjacent property is developed, special precautions shall be incorporated in the work as the city deems necessary to protect the adjoining property from damage as a result of the Grading. These precautions may include but are not limited to: (A) Additional setbacks, (B) Provisions for Retaining Walls or slough walls; (C) Mechanical or chemical treatment of the Fill Slope surface to minimize Erosion., and/or (D) Provisions for the control of surface waters. oil) Modification of the Slope Location. The city may approve alternate setbacks. The city may require an investigation and recommendation by a Soils Engineer or Engineering Geologist to demonstrate that the intent of this ordinance has been satisfied. fie,) Drainage and Terracing. Unless otherwise indicated on the approved Grading plan, drainage facilities and Terracing shall conform to the provisions of this ordinance for cut or Fill Slopes. (i) Terraces. Terraces at least six (6) feet in width shall be established at not more than thirty (30) foot vertical intervals on all cut or Fill Slopes to control surface drainage and debris except that where only one (1) Terrace is required, it shall be at mid -height. For cut or Fill Slopes greater than sixty (60) feet and up to one hundred twenty (120) feet in vertical height, one (1) Terrace at approximately mid -height shall be twelve (12) feet in width. Terrace widths and spacing for cut and Fill Slopes Ordinance No. 401 March 21, 2006 29 greater than one hundred twenty (120) feet in height shall be designed by a Geotechnical Engineer and reviewed and approved by the city engineer. Suitable access to the Terraces shall be provided in order to permit proper cleaning and maintenance. Swales or ditches on Terraces shall have a minimum gradient of five (5) percent and must be paved with reinforced concrete not less than three (3) inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one (1) foot and a minimum paved width of five (5) feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand five hundred (13,500) square feet (projected) without discharging into a down drain. Subsurface Drainage. Cut and Fill Slopes shall be provided with subsurface drainage as necessary for stability. iii Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the city as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non -erosive down -drains or other devices. Building pads shall have a drainage gradient of two (2) percent toward approved drainage facilities, unless waived by the city. The gradient from the building pad may be one (1) percent if all of the following conditions exist throughout the permit area: A. No proposed Fills are greater than ten (10) feet in maximum depth; B. No proposed finish cut or Fill Slope faces have a vertical height in excess of ten (10) feet; and C. No existing Slope faces, which have a Slope face steeper than ten feet (10) horizontally to one foot (1) vertically, have a vertical height in excess of ten (10) feet. (iv) Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut Slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than forty (40) feet measured horizontally. Interceptor drains shall be paved with a minimum of three (3) inches of concrete or gunite Ordinance No. 401 March 21, 2006 30 and reinforced. They shall have a minimum depth of twelve (12) inches and a minimum paved width of thirty (30) inches measured horizontally across the interceptor drain. The slope of interceptor drain shall be approved by the city. Subd. 14. Inspection. All Grading for which a grading permit is required shall be subject to inspection by the city at any time while the grading permit is in effect. When the city has cause to believe that geologic factors may be involved, the city may require inspection and/or testing of the Grading by a testing company approved by the city at the expense of the applicant. The testing company's responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and Benches to receive Fill and the Compaction of Fills. Subd. 15. Noncompliance and Enforcement Procedures. Laj Notice of Noncompliance. If, in the course of fulfilling his or her responsibilities under this ordinance, the city engineer, the Soils Engineer, the Engineering Geologist or the testing company finds that the Grading is not being performed in conformance with this ordinance or the submitted grading plans, the discrepancies shall be reported immediately in writing along with his or her recommendations for corrective measures to the applicant, the person responsible for the Grading and to the city. Upon receipt of this information, the city may issue a notice of noncompliance to the applicant. �bZ Stop Work Order. If corrective actions identified in the notice of noncompliance are not completed by the time period set forth by the city in the notice, the city engineer or his or her designee may issue an order for the city to stop all inspections required for land use or building permit approvals for the Site until all corrective actions identified in the notice of noncompliance are completed. The applicant shall notify the city engineer or his or her designee upon completion of the corrective action. Once the city engineer has verified that corrective action has been taken, he or she shall inform the city and the city shall resume inspections on the Site no later than the following business day. Action Against the Financial Securities. If the corrective action identified in the notice of noncompliance is not completed within the time specified in the notice, the city may act against the financial security if any of the conditions listed below exist. The city shall use funds from this security to finance any corrective or remedial work undertaken by the city or a contractor under contract to the city in order to reimburse the city for its costs incurred in the process of corrective work, including, but not limited to, staff time and attorneys' fees. Ordinance No. 401 March 21, 2006 31 The applicant ceases Grading and abandons the Site prior to completion of the city -approved grading plan; ii The applicant fails to conform to the city -approved grading plan or related supplementary instructions issued by the city; or iii Emergency action is required pursuant to subpart (d) below. Emergency Action. If circumstances exist such that noncompliance with this ordinance poses an immediate danger to the public health, safety or welfare, as determined by the city, the city may take emergency preventative action. Prior to taking emergency preventative action, the city shall attempt every reasonable measure possible to contact and direct the applicant to take the necessary action. Subd. 16. Suspension or Revocation. The city engineer may, in writing, suspend or revoke a grading permit issued under the provisions of this ordinance: 1) whenever the permit is issued in error or issued based on incorrect information that was supplied; 2) whenever the actions contained in a notice of noncompliance are not taken within the time specified by the notice; or 3) whenever the Grading is found by the city to be in violation of any ordinance or regulation. The city engineer shall notify the applicant of the suspension or revocation. The applicant may appeal the suspension or revocation of the grading permit to the city council within ten (10) days of the date of the notice. Subd. 17. Completion of work. ( Final Reports. Upon completion of the rough Grading work and at the final completion of the Grading, the city may require any, some or all of the following final reports, drawings and supplements: fl An As -Graded Grading plan prepared by the Designer including original ground surface elevations, As -Graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The Designer shall include a statement on the plan that to the best of his or her knowledge, the Grading was completed in accordance with the submitted Grading plan. ii A soils -grading report prepared by a Soils Engineer, including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during Grading and their effect on the recommendations made in the Soils Engineering investigation Ordinance No. 401 March 21, 2006 32 report. The Soil Engineer shall render a finding as to the adequacy of the Site for the intended use. iii A geologic grading report prepared by an Engineering Geologist., including a final description of the geology of the property and any new information disclosed during the Grading and the effect of same on recommendations incorporated in the approved Grading plan. The Engineering Geologist shall render a finding as to the adequacy of the property for the intended use as affected by geologic factors. Notification of Completion. The applicant shall notify the city when the Grading is ready for final inspection by the city. Final approval shall not be given by the city until all work, including installation of all drainage facilities and their protective devices and all Erosion -control measures, has been completed, turf has been established in accordance with the final reviewed Grading plan and the required reports have been submitted. Subd. 18. Expiration of Grading Permit. Every Grading permit issued by the city pursuant to this ordinance shall expire and become null and void if the Grading authorized by the Grading permit is not commenced within ninety (90) days from the date of issuance of the Grading permit, or if the Grading authorized by the Grading permit is suspended or abandoned at any time after Grading is commenced for a period of one hundred eighty (180) consecutive days. The city may grant an extension for a Grading permit upon application by the applicant and provided that the proposed extension does not exceeded one year. In the event that a Grading permit expires, the applicant must apply for new Grading permit pursuant to the procedure set forth in this ordinance. Subd. 19. Penalty. Any person convicted of violating this ordinance shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Such penalty may be imposed in addition to an action against the financial securities, a stop work order or suspension or revocation of the grading permit by the city. SECTION VI. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this 21 st day March, 200 ii ce D B D. Workman, Mayor Attest: Chad M. Adams, City Administrator -Clerk Published in the South Crow River on the 27`h day of March, 2006. Ordinance No. 401 March 21, 2006 33