Adopt Ordinance #16-1 Establishing an Administrative Grading Permit

Purpose

The purpose of this case is to consider the adoption of Ordinance #16-1 establishing an Administrative Grading Permit for certain grading activities. 

Background

City Code Section 117-359 (Grading, Mining and Filling Permits) addresses grading activities that excavate 400 or more cubic yards from a site or filling of two (2) feet or greater at any point by requiring an Interim Use Permit (IUP). However, this process is intended for actual mining activities, not grading activities related to improvements of existing uses. 

On projects requiring Building Permits, the City already reviews grading plans to ensure protective measures are in place to manage stormwater runoff, erosion control, and water quality. City Code does not currently have a requirement for a Grading Permit for alterations if a Building Permit is not required. As the community continues to develop, and statewide stormwater improvements are amended, Staff believes that it is in the public's best interest to introduce a process that not only 'right-sizes' larger grading activities that are not mining operations, but allows the City Engineer the opportunity to review changes in grading patterns to ensure that flooding issues are not created on adjacent properties and that proper erosion control measures are in place to prevent sedimentation from entering into the regional stormwater systems.

As it relates to current City Code, an IUP would be required for activities resulting in the import or export of more than 400 cubic yards. However, the required submittal information seems excessive for non-mining operations which involve simply improving an existing lot, but not creating a mining operation.  Thus, Staff has drafted Ordinance #16-1 to establish an administrative grading permit that would be applicable to projects disturbing forty (40) or more cubic yards of earth material (approximately equivalent to four [4] dump truck loads) or that would potentially occur within a drainage and utility easement, to ensure that a proposed project would not negatively impact drainage patterns for adjacent properties.

The Notice of Public Hearing was published in the City's official newspaper, the Anoka County UnionHerald.

City Code Section 117-359 (Grading, Mining and Filling Permits) currently regulates grading, mining, and filling by requiring an IUP for any property where these activities will occur. The IUP requirement is intended to regulate mining activities and there are several exceptions to the IUP requirement outlined in Section 117-359 (c).  Those exceptions are as follows:

1. Grading can occur without additional permits as part of an approved grading plan in a subdivision plat, site plan, or planned unit development.
2. Grading is permissible in any situation where a public agency needs to move soil, rock, or other natural materials as part of construction or maintenance of streets and utilities.
3. Grading is also allowed without an IUP on individual residential lots as long as it is by less than three (3) feet in depth, fills less than two (2) feet at any point, and does not interfere with surface drainage in the area.
4. Excavations that require the removal of less than 400 cubic yards of earth material are exempted from the IUP requirement.

The phrasing of the final exception has caused some ambiguity in terms of enforcement and fee collection. While a project may impact less than 400 cubic yards of material, it may still negatively impact drainage patterns.

The City has long employed an administrative permitting process because these excavations still involve a significant amount of earth moving and can have impacts on drainage and erosion control. There are fees that accompany this permit due to the staff time that is used in reviewing the erosion control plan and determining whether the change in contours would negatively impact neighboring parcels. Language supporting the use of administrative permitting occurs in other sections of City Code, but the permit is never expressly established in City Code. The intent of this ordinance is to more clearly articulate the requirement for a Grading Permit.

The Engineering Department believes it is appropriate and acceptable to allow small-scale grading projects (less than forty [40] cubic yards) to proceed without a permit, but that any grading project disturbing forty (40) or more cubic yards of earth material should be subject to review by City Staff. Projects larger than 40 cubic yards can have a tangible effect on erosion and runoff patterns and may result in damage to neighboring parcels if not carefully planned. The goal is to make the application process simple for the Applicant by requiring base data for square footage of impacted area and changes to contours. Staff can then use this information to better aide the Applicant and calculate cubic yards of disturbance.

The draft Ordinance establishes Section 117-58 (Administrative Grading Permits) and outlines the conditions that trigger the permit requirement.  It also establishes exemptions to the permit requirement and outlines the basic submittal requirements to accompany the Administrative Grading Permit Application.

The Ordinance was introduced at the City Council meeting on January 11, 2016 and is now eligible for adoption.

Alternatives

Alternative #1: Adopt Ordinance #16-1 as presented, establishing an Administrative Grading Permit for activities disturbing forty (40) or more cubic yards of earth material and activities that occur within a drainage or utility easement.  The intent of this Ordinance is to eliminate any ambiguity regarding whether a permit and review by the City is required for certain grading activities.  The Ordinance formally establishes the Administrative Grading Permit and provides the City an opportunity to review proposed projects prior to commencement to ensure that there are not unintended, negative impacts on drainage patterns and that proper erosion control measures are in place.  The City Council has already adopted the fee as part of Rates and Charges. Staff and the Planning Commission support this alternative.

Alternative #2: Adopt Ordinance #16-1 establishing an Administrative Grading Permit for activities, but with a different threshold.  After review of several other metro communities, forty (40) cubic yards appears to be a common threshold without being overly restrictive.  Alternative thresholds could be considered if the City Council desired.

Alternative #3: Do not adopt Ordinance #16-1.  There is some ambiguity in City Code presently about whether any permit or review is necessary for activities that disturb less than 400 cubic yards of material.  Staff believes that grading activities disturbing forty (40) or more cubic yards of material should be reviewed for the welfare of adjacent properties to verify that the proposed alterations would not result in detrimental drainage patterns and that appropriate erosion control measures are in place prior to the project beginning.  Staff does not support this alternative.

This case is being handled as part of Staff's normal duties.

The Planning Commission recommends that the City Council adopt Ordinance #16-1 establishing an Administrative Grading Permit for grading activities that will disturb forty (40) or more cubic yards of earth material and grading activities that will occur within a drainage or utility easement.

Motion to waive the City Charter requirement to read the ordinance aloud -AND- adopt Ordinance #16-1 establishing an Administrative Grading Permit for activities disturbing forty (40) or more cubic yards of earth material and activities that occur within a drainage or utility easement.

Roll Call Vote:

Councilmember Johns
Councilmember Kuzma
Councilmember LeTourneau
Councilmember Williams
Councilmember Shryock
Councilmember Riley
Mayor Strommen