08-1080Council File #_08
Substitute — 10l08/08 Green Sheet # 3053192
ORDINANCE
C� OF SAINT PAUL, MINNESOTA �j�
Presented by
I SUBSTITUTE
2 An Ordinance Amending Chapter 33 Of The Saint Paul Legislative Code To
� Outline Grading Requirements. ���C��
4 �Yp�, yF�
5 THE COUNCIL OF THE CITY OF SAI1�T PAUL DOES ORDAIN: �67p�
6
7 Section 1
8 Section 33.01 of the Saint Paul Legislarive Code is hereby amended to read as follows:
l0 Sec. 33.01. Definitions.
I 1 The following words and phrases when used in this chapter shall have the meanings respectively ascribed
12 to them in this secrion:
13 Building off cial. Building code official, of the deparknent of safety and inspections, or his/her
14 designee, charged with the administration and enforcement of the state building code for the city.
IS Clean fill. ��tPri�l <,,,�' t; ��' x� iom + i :i w w
a J \ / Y
16
> .
17 Materials consistine of at least 90 percent natural soils with the remaining material not to exceed 10
I8 percent composed of concrete, concrete block brick or similar inert material with the ap proval of the
19 buildin¢ official. Said material sha11 be reduced to a size so that it can be compacted and not create voids
20 or similaz unstable soi] conditions.
21
22 5 ;i„ o.k ..,,.+e ,.i .,w:,.0 w..,. L_ - -' -- -- -
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28
Section 2
29
30 Section 33.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
31
32 Sec. 33.02. State building code--Adoption.
33 (a) Pursuant to Minnesota Statutes, sections 16B.59 through 16B.75, the state building code, as adopted
34 pursuant to laws of the state, is hereby adopted by reference.
35 (b) The following appendix is not a mandatory part of the state building code, but is adopted by reference
36 for the city and is incorporated into this chapter, as an addition to the reaulations contained in this chanter
37 as if set out in full: Appendix E(Gradine) of the 2007 Minnesota State Buildin� Code as amended from
38 time to t1Tne �+°^a:" ^��^*� T ��- a ��F+w� �nn� r..re,-.... •....i n•ia• n a
a ci ng
39 (c) Chapter 5230 of the Minnesota Rules, "Steamfitters Rules and Code for Power Piping Systems," as
ao amended, is adopted by reference by the city and incorporated into this chapter as if set out in fu11 and
•
� �S
0��/4�D
41 shall be the minimum standard used by the building official in the inspection of high-pressure piping
42 system materials and construction.
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44
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46
Section 3
47
48 Section 33.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
49
5o Sec. 33.03. Permits--When required.
51
52 (a) Building and general construction. No person shall consriuct, enlarge, alter, repair, move, demolish or
53 change the occupancy of a building or structure without first obtaining a building permit from the building
54 official. Permits for building or general construction are not required for repairs for maintenance only or
55 for minor alterations provided they are not required under the state building code, this chapter ar other
56 pertinent provisions of the Saint Paul Legislative Code, and provided the cost of such repairs and minor
57 alterations does not exceed the present market value of five hundred dollars ($500.00).
58
59
60
*�x*
61 (g) Grading. No person shall perform any filling or excavating activity on a property unless such activity
62 is in accordance with the provisions of Apnendix E(Gradin of the 2007 Minnesota State Buildine Code
63 as amerided froril hme to tlrile ^ '^"�^ a '° �;:^^+�'v in.,,u:„,.� r�t,e �nm r....„te...,...+�,. «t. �nnn
. u . � �.,�.. ..�� o�-�
64 and the requirements herein.
65 (1) Unless eradin� activitv is included in a Qeneral buildin¢ permit a adine nermit shall be
66 required for the nlacement, removal or movement of more than fifty�501 cubic yards of fill
67 ��}j P° °r+ �^ r - •;a°a •„ �w� D^ e r,.,� �x� ... n a' , eOnly clean fill may be
68 deposited as fill material on the property.
69 �(�} Grading activities in excess of ten thousand (10,000) square feet require site plan review in
70 accordance with section 61.402 a�'' •'� of the Saint Paul Legislative Code.
71 �(3} The property owner and(or permittee shall be responsible for the grading on site.
72 �(4j Erosion and sediment conirol installation shall be established as set forth in the Minnesota
73 Pollution Control A�ency's Manual for Protecting Water Ouality in Urban Areas Dw ::���-��
�4 . The property owner and/or permittee shall be
75 responsible for maintaining any required erosion and sediment control installations. This
76 maintenance requirement shall also include sediment laden runoff onto adjacent properties or
77 public ways.
78 (61 All soil stockuiles ereater than ten (101 cubic yards shall be located at least twentv-five (25)
79 feet from a road, drainaQe channel or storm water inlet. If left far more than seven (7) days the
8o stockpile shall be stabilized with mulch ve�etation tarps or other means
81
82
83
84
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88 Sec. 33.04. Establishment of permit fees.
Section 4
89 (a) Fees required: Before issuing any permit required by the building code, this chapter or other pertinent
90 provisions of the Saint Paul Legislative Code, the fee as indicated in the following schedule shall be paid.
91 Where work for which any such permit is required is started or proceeded with prior to obtaining said
92 permit, the fee specified shall be collected and, in addition, a penalty fee shall be collected. The penalty fee
93 shall be equal to the specified permit fee. The payment of such penalty fee shall not relieve any person
94 from fully camplying with the requirements of the building codes in the execution of the work or from any
95 other penalty prescribed herein.
96 Building valuation for the purpose of establislung building permit fees shall be as set forth by the valuation
97 data published by the Building Code Division, Department of Administration, State of Minnesota, as may
98 be amended from time to time.
99 Value of work other than that included in the valuation data published by the Building Code Division,
loo State of Minnesota, must include the cost of installations, alterations, additions or repairs, including all
lol labor and materials supplied by the contractor and other sources. The building code officer may require the
102 contractor to furnish the city with a written statement of the actual cost of the work. When such costs
103 exceed those for which the permit was issued, an additional permit fee will be required and collected based
t04 on the fee schedule established herein.
los
�**
106 (g) Other permit fees.• Permit fees for other than general conshuction shall be as follows:
107 (1) Wrecking of buildings or structures. $ 5.00 per 1,000 cubic feet or fraction thereof, minimum $ 64.00,
l08 with the exception of signs as specified in paragraph (10) below.
��
*�*
110 (21) Other piping.• Includes process piping and miscellaneous piping that is not otherwise regulated under
t t 1 the state plumbing or mechanical code. The fee for other piping permits: One (1) percent of the total
112 valuation, with a minimum fee of $ 64.00.
113 (h) Fees, esemption for city: The city shall be exempted from the payment of permit fees required under
114 this chapter where work is done by city employees on city-owned property not exclusively leased or rented
115 to a party other than the city.
116 It is the intent of this paragraph only that payment of fees are waived. Permits as required by other sections
117 of the Saint Paul Legislative Code are to be applied for and issued, inspections are to be made as required
118 and compliance with all other requirements must be made.
�
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119 �2) Grading: For the placement, removal or movement of:
120 (a) Up to 1,000 cubic yards of fill ..... $32.00 for the first 100 cubic vazds, plus $23.00 for
121 each 100 additional cubic vards or fraction thereof.
122 (b) Beriveen 1,001 and 10,000 cubic yazds of fill .... $239.00 for the first 1,000 cubic yazds,
1z3 plus $19.00 for each additional 1,000 cubic yards or fraction thereof.
124 (c) Between 10,001 and 100.000 cubic yards of fill .... $410.00 for the first 10,000 cubic vards.
125 plus $87.00 for each additional 10,000 cubic yards or fraction thereof.
126 (d) Greater than 100.000 cubic vards of fill .... $1193.00 far the first 100,000 cubic vards plus
12� $48.00 for each additional 10.000 cubic yards or fraction thereof.
128
Section 5
129
130 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and
i31 publication.
132
�UBLdS�Ep
NQV` � � 2nD�
Requested by Department of:
By:
Approved by the Office of Financial Services
By:
Approv y City Attomey
BY: TU�_�d.Z.os
Approved by Mayor for Submission to Council
Adoprion Certified by Co cil Secretary g
B '�
Approve y M o: ate �° v� D
By:
Adopted by Council: Date ���j���
�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �,
bg -Id�D
$I — Dept of Safety & Inspections
Contact Person 8 Phone:
Tom Ritldering
zss-so�a
Must Be on Council Agenda by (Date):
Doa Type: ORDINANCE
E•DOCUment Required: Y
Document Contact: Robert Humphrey
30-APR-08
N
assiy�
Number
For
Routing
Ortler
Green Sheet NO: 3053192
0 e t of Saf & Ins ections
I e t of Saf & Ius ectioas De artwent Direcror
2 i Attorne
3 IMavor's OfGce MavorlAssistant
4 oancil
5 ' Clerk Ci Clerk
Contact Phone: 266-9123 I (
7ota1 # of Signature Pages _(Clip All Locations for Signature)
Approval of an Ordinance providing needed housekeeping to Chapter 33 of the Saint Paul Legislative Code and adding fees for
grading replacement and removal of soils.
itlations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm everworked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet
Initiating Probiem, lssues, Opportunity (Who, What, When, Where, Why):
Glu'rent language contained erroneous cross references and, in addition, did not cleazly define the City's responsibility for erosion
conlrol when excavation and grading work is not directly related to a construction project. The new series of peimit fees are expected
to be infrequently issued for special cases only.
Advantages If Approvetl: ,
The ordinance will clarify the city's jurisdiction to regulate water and erosion control when grading work is not related to a
construction project.
Disadvanqges If Approved:
Disadvantages If Not Approvetl:
CiTy will continue to have difficulty responding to water and erosion control compliants unrelated to a construction project.
7ransaMion:
Funding Source:
Fi naneial Information:
(Explain)
Activity Number:
CostlRevenue Butlgeted:
September 10, 2008 1030 AM Page 1
City of Saint Paul
Memorandum
Ta Mazgazet Kelly, Director
From: Scott Cordes, Senior Budget Analyst �
Subject: GS# 3053192 — Ordinance Change for Grading Permits
Date: September 19, 2008
6 � / /�V V
Attached is a DSI ordinance amendment for grading pernut requirements. We have been holding
this up for several months while waiting for appropriate informaUOn and documentation from the
department, which we have finally received.
The ordinance change includes several technical adjustments and new language related to "land
disturbance" (grading) in instances where the grading is not related to a construction project.
The existing ordinance does not clearly define authority for the City to regulate grading and
erosion control when the work is unrelated to a lazger constxuction project (which is usually a
complaint-based issue where water runoff is causing problems on adjacent property). The new
language is relevant for a small amount of cases (most grading work in the City is directly
related to construction work), but it clarifies the city's jurisdiction and creates a pernut fee
schedule to compensate the department for related inspection work. OK to sign.
AA-ADA-EEO Employer
Council N11e # ��� 6
Green Sheet # 3C53192
�
by ��
ORDINANCE
OF SAINT PAUL, MINNESOTA
1 \ Ordinance Amending Chapter 33 Of The Saint Paul Legislative Code To
2 Outline Grading Requirements.
4 THF,COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
6 \ Section 1
7 Section 33.01 of the Saint Pa�l Legislative Code is hereby amended to read as follows:
9 Sec. 33.01. Definitions. �
lo The following words and phrases
11 to them in this section:
used in this chapter shall have the meanings respectively ascribed
12 Building o�cial. Building code o icial, of the deparhnent of safety and inspections, or his/her
13 designee, charged with the administration d enforcement of the state building code far the city.
14 Clean fidl. Materials consisting of at 1 st ninety (90) percent natural soils with the remaining ten
15 (10) percent maximum composed of concrete, ncrete block, brick, glass or similar inert materials.
.
16 Demolition clean fzll. Materials consisting f more than ten (10) percent but less than fifty (50)
1 � percent concrete, concrete block, brick, glass ar sim' ar inert material which has been approved in writing
18 by the county division of solid waste with the remaim g percentage comprising natural soils.
19
20
21 .
22
23
24
Section 2
25 Section 33.02 of the Saint Paul Legislative Code is hereby amende to read as follows:
26
27 Sec. 33.02. State building code--Adoption.
28 (a) Pursuant to Minnesota Statutes, sections 16B.59 through 16B.75, the ate building code, as adopted
29 pursuant to laws of the state, is hereby adopted by reference.
30 (b) The following appendix is not a mandatory part of the state building
31 for the city and is incorporated anto this chapter, as an addition to the ret
is adopted by reference
32 as if set out in full: A endix E Gradin of the 2007 Minnesota State Buildin oc
33 time to time ^.. ".a"' ^w^...a,. r i,...,.a:....� ,.r.wo �nn� T.,te,....t;,.,...i n.,:ia;..,. r,.a,.
YY Y \b' bl •
34 (c) Chapter 5230 of the Minnesota Rules, °Steamfitters Rules and Code for Power P
35 amended, is adopted by reference by the city and incorporated into this chapter as if
36 shall be the minimum standard used by the building official in the inspection of higYi
37 system materials and conshuction.
38
39
40
Systems," as
�t in full and
�ure piping
W`
I.�.'j,���I
D8 � l�gU
41 \
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43 Section
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45 Sec.33.03.
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Section 3
of the Saint Paul Legislative Code is hereby amended to read as follows:
When required.
(a) Building and gen al construction. No person shall construct, enlarge, alter, repair, move, demolish or
change the occupancy o a building or structure without first obtaining a building pernut from the building
official. Permits for buil � g or general construction are not required for repairs for maintenance only or
for minor alterarions provide they are not required under the state building code, this chapter or other
pertinent provisions of the Sain Paul Legislative Code, and provided the cost of such repairs and minor
alterations does not exceed the pr ent market value of five hundred dollars ($500.00).
***
(g) Grading. No person shall perform any ing or excavating activity on a property unless such activity
is in accordance with the provisions of A en ix E Gradin of the 2007 Minnesota State Buildin Code
as amended from time to time.
r„+a .......:......i n.,:u:.... �,..,e �d the requirements erein.
(1) A adin ermit shall be re uired for th lacement removal or movement of more than fift
(501 cubic yards of fill.
�{�-} Except as provided in the Ramsey Count olid Waste Ordinance, only clean fill may be
deposited as fill material on the property.
{� (�} Grading activities in excess of ten thousand (,0
accordance with section 61.402 a�'•'� ofthe S�
�(�} The property owner and/or permittee shall be res�
�(-0j Erosion and sediment control installation shall be
I) square feet require site plan review in
Paul Legislative Code.
nsible for the grading on site.
� blished as set for[h in the Minnesota
u it in Urban Areas ���
. The property owner d/or permittee shall be
responsible for maintaining any required erosion and sediment c ntrol installations. This
maintenance requirement shall also include sediment laden runof nto adjacent properties ar
public ways.
properties, including anv ublic rights of wav.
stockpile must be stabilized with mulch ve�etarion tarps or other means
W
\
85 �
86 Sec. 3�04. Establishment of permit fees.
Section 4
b��l��D
87 (a) Fees r�uired: Before issuing any permit required by the building code, this chapter or other pertinent
88 provisions o�the Saint Paul Legislative Code, the fee as indicated in the following schedule shall be paid.
89 Where work fo\ hich any such pernut is required is started or proceeded with prior to obtaining said
90 pernut, the fee spe � ed shall be collected and, in addition, a penalty fee shall be collected. The penalty fee
91 shall be equal to the s ecified permit fee. The payment of such penalty fee shall not relieve any person
92 from fully complying �th the requirements of the building codes in the execution of the wark or from any
93 other penalty prescribed rein.
94 Building valuation for the pur�
95 data published by the Building
96 be amended from time to time.
97 Value of work other than that
of establishing building permit fees shall be as set forth by the valuation
le Division, Aepartment of Administration, State of Minnesota, as may
the valuation data published by the Building Code Division,
98 State of Minnesota, must include the co of installations, alterations, additions or repairs, including all
99 labor and materials supplied by the contra tar and other sources. The building code officer may require the
10o contractor to furnish the city with a written atement of the actual cost of the wark. When such costs
lol exceed those for which the permit was issued, additional permit fee will be required and collected based
102 on the fee schedule established herein.
103
104 (g) Other permit fees: Permit fees for other than
105 (1) Wrecking of buildings or structures. $ 5.00 per 1,000
106 with the exception of signs as specified in paragraph (10)
107
+**
shall be as follows:
feet or fraction thereof, minimum $ 64.00,
108 (21) Other piping.� Includes process piping and miscellaneous piping at is not otherwise regulated under
109 the state plumbing ar mechanical code. The fee for other piping permrt • One (1) percent of the total
110 valuation, with a xninimum fee of $ 64.00.
ll 1 (h) Fees, exemption for city.• The city shall be exempted from the payment
112 this chapter where work is done by city employees on city-owned property
113 to a party other than the city.
114 It is the intent of this paragraph only that payment of fees are waived. Permits as reqi
115 of the Saint Paul Legislative Code are to be applied for and issued, inspections are to
116 and compiiance with all other requirements must be made.
ll7 �2) GradinQ: For the placement removal or movement o£
fees required under
sivelv leased or rented
by other sections
iade as requued
_W
68 -l��U
i 18 (a) Up to 1,000 cubic yards of fill ..... $32.00 for the first 100 cubic �ards, �lus $23.00 for
119 � each 100 additional cubic vards or fraction thereof.
120 (bl Between 1,001 and 10,000 cubic yards of fill .... �239.00 for the first 1.000 cubic vazds,
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124
125
126 \
127
128 This Ordinance shall take effect
129 publication.
130
Section 5
be in force thirty (30) days following its passage, approval and
Yeas Nays Absent
Bosirom
Carter
Harris
Helgen
Lanhy
Stazk
Thune
Adopted by Council: Date
Adoprion Certified by Council Secretary
By: �
�
Approved by t e (
By:
Approved�
By:
Approv y Ma
B
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to
.�
By:
Approved by Mayor: Date
By: