A.
City approval shall be required in all cases where excavation, grading, and filling of any land would result in a substantial alteration of existing ground contour or would change existing drainage or would cause flooding or erosion or would deprive an adjoining property owner of lateral support and would remove or destroy the present groundcover resulting in less beneficial cover for present and proposed development. Substantial alteration shall be defined as the extraction, grading or filling of land involving movement of earth and materials in excess of 25 cubic yards. The Zoning Administrator or Building Official may exempt cubic yard restrictions for foundation excavation and grading for new residential units and for the landscaping requirements for residential units per City ordinance.
B.
The City Engineer shall review all cases in which more than 25 cubic yards of land is altered. In matters of land alteration related to a preliminary plat, final plat or site plan review the Planning Commission will review and recommend to the City Council and the City Council will make a final determination on the grading within the entire development request. A grading permit will be issued upon the City Engineers review of the items detailed in Subsections B, C and D below and any other additional information that is requested to ensure that all City, State and other laws and regulations are met. The grading permit will be issued to the property owner after City Council approval of a preliminary plat, final plat or site plan review. The grading permit will be signed by the City Engineer and City Clerk.
C.
In all other requests to alter land in excess of 25 cubic yards a conditional use permit shall be required. The application shall be submitted with the required items as detailed in Subsections B, C and D below for review along with any other requested additional information, including, but not limited to the requirements of a Conditional Use Permit section of ordinance. The required items are to ensure that all City, State and other laws and regulations are met. The Planning Commission will review and recommend to the City Council and City Council will make the final determination on the request. The signed Conditional Use Permit shall constitute the grading permit.
D.
Applications for a grading permit shall contain the following additional information:
1.
Legal description of land to be altered.
2.
Nature of proposed alteration and future use of the property.
3.
Starting date and approximate completion date of the operation.
4.
The names of all owners of the land to be altered.
5.
The names and addresses of all owners and occupants of the adjoining land that may be effected by said land alterations.
6.
A construction plan showing existing and proposed elevations.
7.
The City Council may require adequate proof of bonding in the form of a performance bond, sufficient in value to cover the expense of the completion of the development plan or to bring such portion of the completed project to safe grade and elevation so as to be healthful and safe to the general public and to provide safe and adequate drainage to the site.
E.
If, during the land alteration work, it becomes necessary for the person altering the land to create a condition of grade or drainage not in the interest of health or safety, it shall become the person's duty to correct, immediately, the dangerous situation created, as well as fence or screen the area from the public upon order of the City Engineer.
F.
The person responsible for the proposed land alteration shall agree to replace cover that has been removed, by seeding or sodding, such cover to be replaced in accordance with the MPCA NPDES Phase 2 Permit requirements after completion of grading. The City will require an escrow or letter of credit to cover development related activities before a grading permit will be issued unless the escrow or letter of credited amount is covered within in a Development Agreement and its associated escrow or letter of credited amounts. Where construction of homes or buildings is being done over an extended period of time, the City may require replacement of groundcover on a portion of the area before the entire project is complete.