5.5.
Public Works Committee
- Meeting Date:
- 04/19/2011
- By:
- Tim Himmer, Engineering/Public Works
Title:
Consider Amendments to the City's Topsoil Ordinance
Background:
As a means of water conservation the City adopted a new topsoil ordinance on April 28, 2009, which went into effect on June 8, 2009, and included the following:
- The installation of a minimum of four (4) inches of topsoil over all exposed areas not improved with buildings and paving, excluding natural areas that are left undisturbed.
- The topsoil requirement would apply to any lot, in any zoning district, being improved with the construction of a principal structure.
- Topsoil is defined as “black dirt composed of unconsolidated material, largely undecomposed organic matter that is a suitable foundation for vegetative growth. The composition of the topsoil shall include a well balanced medium consisting of the following:
- A maximum sand/silt content of 20%
- A minimum organic content of 35%
- A pH between 6 and 7
- Removal of all rocks in excess of 3/4”
During adoption of this ordinance staff discussed an approach to pre-certify soil in an attempt to make the change easier for builders and contractors in locating the material, as well as for inspections and enforcement by City staff. Staff contacted several local suppliers and requested a sample of the material they market for potential inclusion on a list distributed to builders and contractors at the time a building permit is issued. Only one sample submitted would have met the newly adopted definition of topsoil; however that sample was submitted in the prior year when the ordinance was being investigated and was no longer available.
Staff was concerned with the lack of suppliers and material that met the then current ordinance so this item was again discussed by the Public Works Committee on July 21, 2009. The direction from that meeting was to amend the topsoil definition within City Code to reduce the minimum organic content to twenty-five percent (25%), and increase the maximum allowable sand content to thirty percent (30%). The Planning Commission held a public hearing related to this proposed amendment on September 3, 2009. There were no persons in attendance to speak to this matter, but one letter in opposition to the amendment was accepted into the record and there was much discussion by the Commissioners. The biggest issues raised at that meeting were:
- Whether the City should be participating in certifying the soil.
- Whether the requirements were too restrictive and therefore caused a hardship for builders and developers (creation of a “Ramsey mix”).
- Whether there were adequate sources of material available that would meet the City’s specification.
After much deliberation the Planning Commission motioned to approve the proposed changes. Following that meeting staff continued working toward implementation and discovered that the testing criteria used to certify the samples was slightly flawed. The problem that existed was that standard sampling and testing protocols for topsoil are conducted by weight, and all the previous discussions on this topic focused on a volumetric basis.
This item was brought before the City Council on September 22, 2009 to introduce an ordinance amendment related to the definition of topsoil. Council did introduce the ordinance amendment that evening but requested that staff continue investigating options for improvement, with the understanding that water conservation was the ultimate goal.
While it was possible to change the definition of topsoil to more accurately reflect the intent of the ordinance (volume basis), it would have been much more difficult to gather accurate reproducible test results. There is no widely accepted volume-based topsoil test, and therefore staff would be required to conduct a “jar test” for every sample submitted to determine compliance. This would be extremely onerous and somewhat subjective; and it was always staff’s intention to present clear direction to builders/developers and eliminate as much subjectivity as possible.
In the end, Council adopted the following definition of topsoil on January 12, 2010.
Topsoil: Black dirt composed of unconsolidated material, largely undecomposed organic matter that is a suitable foundation for vegetative growth. The composition of the topsoil shall include a well balanced medium consistent with the requirements of Table 3877-3 in MnDOT Specification 3877C (Premium Topsoil Borrow), and a copy of said table will be on file at the City offices.
Along with the revised specification referenced above related to material composition, Council also directed a revision to the required thickness from 4" to 6".
Notification:
Observations:
There has been much discussion lately related to the overall cost of developing in the City, and a review is currently underway to evaluate where the City of Ramsey stands in relation to surrounding communities with respect to development fees. One of the items identified by some of the builders that have had conversations with the COR development manager is topsoil. While the builders understand why the requirement is important, they have stated that other neighboring communities do not have such requirements and it is therefore difficult to justify the extra costs when they can construct the same product in a different location at a lower cost.
Particularly concerning for them is the fact that some of their existing lot stock is located within subdivisions that have already performed the mass grading of the site (and lots) to the specification of a 4" hold down for topsoil installation. The City's current ordinance calls for 6" of material to be spread across all disturbed areas on the lot, and the builders now have to bring in more equipment to subcut their lots an additional 2", and then have to relocate this material to an alternate location. Doing so causes more equipment, trucks, fuel, etc. to the bottom line, and they estimate that this amounts to an additional $3,500 per lot.
If the City Council were to consider going to the previous requirement of 4" of topsoil that would save the builders approximately $2,000 per lot; $1,600 in material cost and $400 in equipment/labor for the additional grading and material removal. Staff is looking for input from the Council on whether they are interested in revisiting the topsoil discussion for potential revisions to the ordinance. A few options to consider include:
- Amend the topsoil ordinance in City code to reduce the thickness requirement from 6" to 4"
- Amend the topsoil ordinance language such that the triggering mechanism changes. Currently the topsoil requirement is triggered by the issuance of a building permit for a principle structure, regardless of whether the lot was preexisting at the time the ordinance was adopted. We could consider revising that the triggering mechanism is the construction of a new principle structure on a new lot of record from the time the ordinance is adopted. Doing so would provide some relief for existing lots in recent subdivisions (primarily BROOKFIELD, SWEETBAY RIDGE, and THE ESTATE OF SILVER OAKS).
- Revise the topsoil defintition from the current MnDOT specificaton.
- A combination of the above items.
- Do nothing
Staff will have information available on Tuesday relative to the potential cost savings from a typical single family home with the current standard and without.
Funding Source:
City Code amendments are processed with Staff time.
Staff Recommendation:
Based upon discussion
Committee Action:
Based upon discussion.
Attachments
No file(s) attached.
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Kurt Ulrich | Kurt Ulrich | 04/14/2011 01:30 PM |
- Form Started By:
- thimmer
- Started On:
- 04/13/2011 04:30 PM
- Final Approval Date:
- 04/14/2011