91-2288 a /
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j �� Council File #
Ordinance #
Green Sheet # �����
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
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Presented By - �'
�eferred To � ` a !` < �,��w Committee: Date „3�
An Ordinance requiring erosion and s iment
control for land disturbance activ� within
the City of Saint Paul.
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WHEREAS, the City of Saint Paul izes th� importance of
water as a finite and non-renewable nat 1 resource; and
WHEREAS, the City is host to r�i er of water -resources,
including lakes, rivers, streams, tl nds and numberous
aquifers; and
WHEREAS, our community is gen ally concerned about the
quality of water, and of the effe of non-point pollution on
downstream communities; and
WHEREAS, water use must managed to best meet the needs of
our society and our environ ; and
WHEREAS, land develo t greatly increases the amount of
runoff of a variety of tants entering waterbodies causing
harm to fish, aquatic and recreation; now therefore
The Council of the � f Saint Paul Does Ordain:
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Section 1
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That the Sai�� aul Legislative Code is hereby amended so as
to add the followi�t new chapter thereto:
ER ION/SEDIMENT CONTROL REGIILATIONS
Section -- 01. Purpose. The purpose of this ordinance is to
control o eliminate soil erosion and sedimentation within
the city of Saint Paul. It establishes standards and
specifi ations for conservation practices and planning
activi ies that minimize soil erosion and sedimentation.
Sec --. 02 . Definitions. For the purposes of this
ordinance, the following terms have the meanings given them
in this section:
Department. "Department" means the Department of
Public Works for the City of Saint Paul.
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' ' Developer. "Developer" means a person, firm,
corporation, sole proprietorship, or engaged in a land
disturbance activity.
District. "District" means the Ramsey Soil and Water
Conservation District organized and operating under
Minnesota Statutes.
Erosion. "Erosion" means any process that wears away
the surface of the land by the action of water, wind, ice,
or gravity. "Erosion" can be accelerated by the activities
of man and nature.
Erosion and Sediment Control Plan. "Erosion and
Sediment Control Plan" means a document containing the
requirements of section 4 that when implemented will
decrease soil erosion on a parcel of land and off-site
sediment damages.
Erosion and Sediment Practice Specifications or
Practice. "Erosion and Sediment Practice Specifications" or
"Practice" means the management procedures, techniques, and
methods to control soil erosion and sedimentation as
officially adopted by the District.
Land Disturbance Activity. "Land Disturbance Activity"
means land change that may result in soil erosion from water
or wind and the movement of sediments into or upon waters
or lands of Ramsey County, including clearing, grading,
excavating, transporting and filling of land. "Land
Disturbance Activity" does not mean:
(1) Land disturbance activities which in the
opinion of the Department does not
present an erosion and sediment control
problem;
(2) Construction, installation and maintenance of
electric, telephone, and cable television
utility lines or individual service
connection to these utilities, except where a
minimum of 10, 000 square feet of land
disturbance can be anticipated;
(3) Septic tank lines or drainage fields unless
included in an overall plan for a land
disturbance activity relating to construction
of a building to be served by the septic tank
system;
(4) Tilling, planting or harvesting of
agricultural, horticultural, or silvicultural
crops;
(5) Disturbed land areas for developments of
(less than 10, 000 square feet) in size or
those which in the opinion of the Department
does not present an erosion and sediment
control problem;
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(6) Installation of fence, sign, telephone, and
electric poles and other kinds of posts or
poles; and
(7) Emergency work to protect life, limb, or
property and emergency repairs.
Ramsey County Erosion and Sediment Control Handbook or
Handbook. "Ramsey County Erosion and Sediment Control
Handbook" or "Handbook" means a handbook which contains the
Erosion and Sediment Control Practice specifications and
planning procedures to control soil erosion and
sedimentation adopted by the Ramsey Soil and Water
Conservation District.
Sediment. "Sediment" means solid mineral or organic
material, that, in suspension, is being transported, or has
been moved from its original site by air, water, gravity, or
ice, and has been deposited at another location.
Sedimentation. "Sedimentation" means the process or
action of depositing sediment that is determined to have
been caused by erosion.
Sec. --.03 . Permit Required. No person or developer shall
perform any land disturbance activity within the City of
Saint Paul without first obtaining from the Department a
permit and approval of the erosion and sediment control
plan. No land shall be disturbed until the plan is approved
by the Department and conforms to the standards set forth
herein.
Sec. --. 03 . 1. Application Fee. The developer shall submit
an application fee of ($ ) together with the proposed
erosion and sediment control plan to the Department. This
fee is non-refundable. The Council may from time to time,
by resolution, establish the application fee which will be
based upon the data provided by the Department. Prior to
the adoption or any amendment of these rates, the Council
shall conduct a public hearing and shall publish a notice of
the hearing in a newspaper of general circulation at least
ten days prior to the hearing.
Sec. --. 04. Brosion and Sediment Control Plan. A
developer engaged in a land disturbance activity shall
submit an erosion and sediment control plan to the
Department for approval. The plan shall meet the
requirements of this ordinance and also minimize soil
erosion or sediment from damaging adjacent land, bodies of
water, watercourses or wetlands .
Sec. --. 04. 1. Plan: Criteria to be Addressed. The
erosion and sediment control plan shall address the
following criteria:
(1) Stabilize all exposed soils and soil stockpiles;
(2) Establish permanent vegetation;
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'����i��'�'�`' (3) Prevention of sediment damage to adj acent
properties and other designated areas;
� (4) Schedule erosion and sediment control
practices;
(5) Use temporary sedimentation basins;
(6) Engineer the construction of steep slopes;
(7) Control the storm water leaving a site.
(8) Stabilize all waterways and outlets;
(9) Protect storm sewers from the entrance of
sediment;
(10) When working in or crossing water bodies take
precautions to contain sediment;
(11) Re-stabilize utility construction areas as
soon as possible;
(12) Protect paved roads from sediment and mud
brought in from access routes;
(13) Dispose of temporary erosion and sediment
control measures; and
(14) Maintain all temporary and permanent erosion
and sediment control practices.
Sec. --. 04.2 . Plan: Contents. The erosion and sediment
control plan shall include:
(1) Project description - The nature and purpose
of the land-disturbing activity and the
amount of grading involved.
(2) Phasing of construction - The nature and
purpose of the land-disturbing activity and
the amount of grading, utilities, and
building construction.
(3) Existing site conditions - Existing
topography, vegetation and drainage.
(4) Adjacent areas - Neighboring streams, lakes,
residential areas, roads, etc. , which might
be affected by the land-disturbing activity.
(5) Soils - Soil names, mapping units,
erodibility,
(6) Critical erosion areas - Areas on the site
that have potential for serious erosion
problems.
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(7) Erosion and sediment control measures -
Methods to be used to control erosion and
sedimentation on the site, both during and
after the construction process.
(8) Permanent stabilization - How the site will
be stabilized after construction is
completed, including specifications.
(9) Stormwater management - How storm runoff will
be managed, including methods to be used if
the development will result in increased peak
rates of runoff.
(10) Maintenance - Schedule of regular inspections
and repair of erosion and sediment control
structures.
(11) Calculations - Any calculations that were
made for the design of such items as sediment
basins, diversions, waterways, and other
applicable practices.
Sec. --. 05. Ramsey County Erosion and Sediment Control
Handbook/Specifications. The Handbook shall be the
reference for Erosion and Sediment Control Practice
specifications used in the city of Saint Paul. All erosion
and sediment control practice specifications shall be as
approved and adopted by the District.
Sec. --. 05.2. Variance/Procedure. The procedure for
obtaining a variance shall be as outlined in the Ramsey
County Erosion and Sediment Control Handbook. Applications
for variances from the requirements of the Handbook shall be
submitted to the District Board. Variances, if granted,
shall be specific and shall not affect other approved
provisions of a plan.
Sec. --.06. Review of Plan. The Department shall review
the erosion and sediment control plan within 30 days of
receiving the plan from the developer. The Department shall
notify the developer in writing of its decision within 40
days after receiving the plan from the developer.
Sec. --. 07. 1 Permit Approved. If the Department
determines that the erosion and sediment control plan meets
the requirements of this ordinance, a permit valid for one
year shall be issued authorizing the land disturbance
activity contingent upon the implementation and completion
of the erosion and sediment control plan.
Sec. --.07.2 Permit Denial. If the Department determines
that the erosion and sediment control plan does not meet the
requirements of this ordinance, a permit shall not be issued
for the land disturbance activity. No land disturbance
activity may occur unless an erosion and sediment control
plan has been approved. All land use and building permits
shall be suspended until the developer has an approved
erosion and sediment control plan.
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Sec. --. 08. Security Aqreement. Before approval of an
erosion and sediment control plan, the Department shall
require the developer to file a performance bond equal to
• the Department's estimated cost of installation, completion
and maintenance of the erosion and sediment control plan and
practiceses. The bond shall be filed with the Department
within three months from the date that the applicant is
notified of intent to approve the plan. The Department may
grant an extension of time to file the bond.
Upon completion of the bonded work items, the developer
shall apply to the Department for final inspection. If the
Department finds that all installations meet the
requirements of the approved plans and specifications, the
security agreement shall be released. However a security
agreement for landscaping shall be effect and held for one
year after completion of the work in order to insure that
landscaping will survive. If improvements are not completed
as proposed within the established time limit, the
Department may proceed to require performance by the surety,
or complete the installation by contract or force account
and seek reimbursement of its costs from the security
agreement.
The Department shall have the right to accept a cash
escrow or irrevocable letter of credit in lieu of a bond in
an amount and under such circumstances as the Department
shall determine to be appropriate.
If seasonal weather conditions or phasing of
construction present practical difficulties in the
installation, completion and maintenance of the required
erosion and sediment control plan and practices, the
completion may be delayed for not more than six months by
the Department. Extensions, if given, shall be in writing.
Sec. --.09. Modification of Plan. An approved
erosion and sediment control plan may be modified upon
submission of an application for modification to the
Department and subsequent approval by the official. In
reviewing such application, the Department may require
additional reports and data.
Sec. --. 10. Easement. The developer may dedicate an
easement to the city for any permanent erosion and sediment
control practice(s) that remain after the land disturbance
activity is completed.
Sec. --. 11. Maintenance. The developer shall be
responsible for the maintenance of the permanent erosion and
sediment control practices for the period of construction
activity. The city shall assign the maintenance
responsibility for a permanent erosion and sediment control
practice(s) after that time.
Sec. --. 12. Enforcement. The Department shall be
responsible for the enforcement of this ordinance and to
review the erosion and sediment control plan.
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' Sec. --. 13. Penalty. Any person, firm, or corporation
who fails to comply with or violates any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor
' and be subject to those penalties specified in section 1.03
of this Code. All land use and building permits must be
suspended until the developer has corrected the vio�ation or
obtained an approved amended erosion and sediment ,�ontrol
plan for the land disturbance activity. Each da� that a
separate violation exists shall constitute a se�arate
offense.
Section 2
This ordinance shall take effect and be ' force 30 days
from and after its passage, approval and pub cation.
Section 3
This ordinance shall be deemed a pa t of the Saint Paul
Legislative Code and shall be incorpora ed therein and given the
chapter number and/or section number a the time of the next
revision of the Legislative Code.
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Yea Na,� Absent Requested by Department of:
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Adopted by Counc 1: Date Form App ved by City Attorney
Adoption Certi ied by Council Secretary By:
By� Appr ve by Mayor for Submission to
Counc'
Approved b Mayor: Date
By:
By:
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TABLE OF CONTENTS
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . 1
Department . . . . . . . . . . . . . . . . . . . . . . . 1
Developer . . . . . . . . . . . . . . . . . . . . . . . 1
District . . . . . . . . . . . . . . . . . . . . . . . . 2
Erosion . . . . . . . . . . . . . . . . . . . . . . . 2
Erosion and Sediment Control Plan . . . . . . . . 2
Erosion and Sediment Practice Specifications or
Practice . . . . . . . . . . . . . . . . . . . . . 2
Land Disturbance Activity . . . . . . . . . . . . . . . 2
Ramsey County Erosion and Sediment Control Handbook or
Handbook . . . . . . . . . . . . . . . . . . . . . 3
Sediment . . . . . . . . . . . . . . . . . . . . . . . 3
Sedimentation . . . . . . . . . . . . . . . . . . . . . 3
Permit Required . . . . . . . . . . . . . . . . . . . . . . . 3
Application Fee . . . . . . . . . . . . . . . . . . . . . . . 3
Erosion and Sediment Control Plan . . . . . . . . . . . . . . 3
Plan: Criteria to be Addressed . . . . . . . . . . . . . . . 4
Plan: Contents . . . . . . . . . . . . . . . . . . . . . . 4
Proj ect description . . . . . . . . . . . . . . . . . . 4
Phasing of construction . . . . . . . . . . . . . . . . 4
Existing site conditions . . . . . . . . . . . . . . . . 5
Adjacent areas . . . . . . . . . . . . . . . . . . . . . 5
Soils . . . . . . . . . . . . . . . . . . . . . . . . 5
Critical erosion areas . . . . . . . . . . . . . . . . . 5
Erosion and sediment control measures . . . . . . . . . 5
Permanent stabilization . . . . . . . . . . . . . . . . 5
Stormwater management . . . . . . . . . . . . . . . . . 5
Maintenance . . . . . . . . . . . . . . . . . . . . . 5
Calculations . . . . . . . . . . . . . . . . . . . . . . 5
Ramsey County Erosion and Sediment Control
Handbook/Specifications . . . . . . . . . . . . . . . . 5
Variance/Procedure . . . . . . . . . . . . . . . . . . . . . 5
Reviewof Plan . . . . . . . . . . . . . . . . . . . . . . . 6
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Permit Approved . . . . . . . . . . . . . . . . . . . . . . . 6
Permit Denial . . . . . . . . . . . . . . . . . . . . . . . . 6
Security Agreement . . . . . . . . . . . . . . . . . . . . . 6
Modification of Plan . . . . . . . . . . . . . . . . . . . . 7
Easement . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . 7
Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . 7
Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED NO 15 813
Ci,ty Council - Councilmember Gosw tz 12/10/91 G R E EN SH E ET
CONTACT PERSON 8 PHONE INITIAUDATE INITIAUDATE
�DEPARTMENT DIRECTOR Q CITV COUNCIL
Bruce Hoheisel 5309 ASSIGN �CtTYATfORNEY �CITYCLERK
MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR ❑BUDGET DIRECTOR �FIN.&MGT.SERVICES DIR.
ROUTING
ORDER �MAYOR(OR ASSISTANT) �
TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approval of an ordinance requiring erosion and sediment control for land disturbance
activity within the City of sSaint Paul.
RECOMMENDA710NS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING�UESTIONS:
_ PLANNIN(i COMMISSION _CIVIL SERVICE COMMISSION �• Has this personffirm ever worked under a contract for this depertment?
_CIB COMMITTEE _ YES NO
_STAFF _ 2• Has this person/firm ever been a city employee?
YES NO
_DISTRICT COURT _ 3. Does this personlfirm possess a skill not normally possessed by any current city employee7
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Expletn all yes answers on separate sheet and attach to yresn aheet
INITIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why):
, Sediment from eroding soil is a major source of phosphorous to City lakes and streams
causing excessive algal growth which degrades water quality. One of the most effective
techniques in surface water quality protection is to eliminate sediment delivery to
surface water bodies by requiring effective erosion and sediment control.
ADVANTACiES IF APPROVED:
� Cleaner water in our lakes and streams. Helpful in acquriing our Stormwater Discharge
permit from the USEPA. Reduced expense incurred by the Cify in the cleaning of
catch basins, pipes and ponds.
DISADVANTAOES IF APPROVED:
Added expense of $50 to developer for application fee. RECE�VE�
oEC l i 1991
CITY CLERK
DISADVANTAGES IF NOT APPROVED:
Degraded water quality in our lakes and streams.
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T07AL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCIE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN) ' �J�
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NOTE: COMPLETE-DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). , . �
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. Ciry Attorney
3. City Attorney 3. Budget Director
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights(for contracts over$50,000) 5. City Council
8. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS{Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. Ciry Attomey
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. City Attomey
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the#of pages on which signatures are required and paperclip or flag
�ch of th•se paqes.
ACTION RE�UESTED
Describe what the projecUrequest seeks to accomplish in either chronologi-
cal order or order of importance,whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body,public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s)your project/request supports by listing
the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the ciry's liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE,OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefR from this projecUaction.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this projecUrequest produce if it is passed(e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When? For how long?
DISADVANTAGES IF NOT APPROVED
What wfll be the negative consequences if the promised action is not
approved?Inability to deliver service?Continued high traffic, noise,
axident rate?Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions:How much is it
going to cost?Who is going to pay?
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�,�����„n CITY OF SAINT PAUL RE�E��ED
'am tt� .
OFFICE OF THE CITY COUNCII. JU� 2 � �992
c�ry��F��;
DAVE THUNE
Councilmember
PUBLIC WORKS, UTILITIES, AND TRANSPORTATIO
COMMITTEE REPORT
Wednesday, July 15, 199
CONSENT AGENDA
1. Approval of June 3, 1992 Public Works Committee minutes.
Committee recommends approval. (3 - 0)
2. Recommending Withdrawal of Pending Items: All pending items, referred to the Public
Works Committee from January 1, 1988 through December 31, 1991, will be
recommended for withdrawal. At the request of the City Council or Administration, an
item will not be recommended for withdrawal.
See attached memo to Molly O'Rourke from Jim Murphy dated July 15, 1992. (4 -
0)
�3:�UACATION: Petition of Kevin and Susan Jensen for the vacation of part of Otto Avenue
�/ between Montcalm Court and Lexington Parkway for the purpose of correcting a garage
encroachment in Otto Avenue. (Before the City=�oIIificil'8��1:1/92)
Committee recommends approval. (4 - 0)
4. VACATION: Petition of Housing Redevelopment Authority for the vacation of the alley in
(/ Block 11, Bazil and Guerin's Addition, bounded by 7th Street, 7th Place, St. Peter Street
and Wabasha Street for the new Children's Museum. :(Before�the:£City�.Council8/1:1/92)��
� Committee recommends lay over to August 19. (4 - 0)
5. FINAL ORDER: Constructing a sanitary sewer and a sanitary sewer service connection
in Kennard Street from Case Avenue to approximately 225 feet north of Case Avenue.
1/� �.{Before�the�City_�Council,�8/4/92).: , -
Committee recommends approvaL (4 - 0) �
V 6. FINAL ORDER: Constructing a sanitary sewer in McLean Avenue from Clarence Street
to approximately 250 feet west of Clarence Street. (Be"�o`re tlie;City=Council.8/4/92) �
Committee recommends approval. (4 - 0)
- OVER -
CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 612/298-5679
5�46
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