Discuss Grading Permit Requirements

Section 117-359 of City code deals with grading, mining and filling permits (see attached).  Currently the City requires an interim use permit (IUP) for all grading activities within the City that:

1. are not part of a larger development scenario/permit
2. are incidental to a public construction project
3. cut more than 3', or fill more than 2' on an individual residential lot
4. excavate more than 400 CY of soil

From time to time staff receive requests from property owners that would like to fill a low spot, excavate a pond, or reshape their property.  While these scenarios may trigger the need for an interim use permit, are they severe enough to cause them to go through the public process and provide the information required in code?  Permit submittals include items such as securities/escrows, topographic surveys, grading and erosion control plans, dust and noise control plans, restoration plan, analysis of earth materials to be used, insurance, etc.  These requirements could be onerous on the property owner and result in the work taking place without City knowledge, or deter the work from being performed at all.  There are also situations where a developer could request a grading permit in advance of the overall site improvements to get a jump start on the project or defer some costs to subsequent years.

We currently do not have a process in place to address these types of situations, so staff is looking for input from the Council on whether there should be a separate process to address these types of scenarios.

Appendix E of the State Building Code (attached) addresses grading, and provides the information required for such permitting.  To date the City has not adopted this appendix, so we are currently not operating under these standards.

Also attached is information obtained from the City of Maple Grove, which outlines their process for administering grading permits.  As you can see the fees appear to be minimal, but there are requirements for topographical submittals.

The City could also chose to process a grading permit administratively under a site/building permit but we would then have to develop the process and standards to abide by; which would include required submittals, fees, securities, etc.  This could be accomplished with a nominal application fee and then establishment of an escrow (similar to an IUP).  The review and inspection charges would be for actual time spent administering the permit only, and all remaining funds would be returned to the applicant.

Funding for development of a grading permit process would be handled with staff time.

Staff recommends the institution of an administrative permit process.  We are looking for input from the Council on fee structure and submittal requirements.

Motion to institute an administrative grading permit process.