Planning Commission Agenda 12-02-2014
AGENDA
MONTICELLO PLANNING COMMISSION
REGULAR MEETING
Tuesday, December 2nd, 2014 - 6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Chairman Brad Fyle, Sam Burvee, Charlotte Gabler, Alan
Heidemann
Council Liaison: Lloyd Hilgart
Staff: Angela Schumann, Steve Grittman - NAC, Ron Hackenmueller
1. Call to order.
2. Citizen Comments.
3. Consideration of adding items to the agenda.
4. Consideration to approve Planning Commission minutes.
a. Special Meeting – October 27th, 2014
b. Special Joint Meeting – October 27th, 2014
c. Regular Meeting – November 5th, 2014
5. Public Hearing – Consideration of Amendments to Title 10 of Monticello City Code -
Zoning Ordinance and Title 11 of Monticello City Code – Subdivision Ordinance,
chapters and sections as follows.
Applicant: City of Monticello
a. Monticello Zoning Ordinance, Chapter 2, Section 4(M) – Grading, Drainage and
Erosion Control Permit
b. Monticello Zoning Ordinance, Chapter 4, Section 10 – Grading, Drainage and
Erosion Control
c. Monticello Subdivision Ordinance, Chapter 5 – Design Standards
6. Consideration of a request for appeal of Administrative Decision as related to application
of Monticello Zoning Ordinance Chapter 4, Section 2 - Tree Protection.
7. Consideration of recommendation regarding 2015 Planning Commission Appointments.
8. Adjourn.
SPECIAL MEETING
Planning Commission Vacancy Interviews
4:30 PM – Academy Room
1
MINUTES
SPECIALMEETING–MONTICELLOPLANNINGCOMMISSION
Monday,October27th,2014-MississippiRoom,MonticelloCommunityCenter
Present:BradFyle,SamBurvee,CharlotteGabler
Absent:AlanHeidemann
Others:AngelaSchumann,SteveGrittman-NAC,RonHackenmueller,Lloyd
Hilgart,SteveJohnson,MercedesTurner
1.Calltoorder
BradFylecalledthemeetingtoorderat5:00p.m.
2.PublicHearing-ConsiderationofarequestforamendmenttotheMonticello
ZoningOrdinance,Chapter5,Section1,UseTable,redesignating“Personal
Services”asPermittedUseintheL-2Sub-DistrictoftheCCD.Applicant:City
ofMonticello PlanningCaseNumber:2014-050
SteveGrittmanindicatedthatstaffhadrecentlybeenapproachedbyabusinessowner
proposingtolocateayogastudioinabuildinginthenorthwestquadrantofHighway
25andCSAH75.Grittmanexplainedthatthezoningordinancedefinessuchusesas
PersonalServicesandthatsuchusesareonlyallowedonupperfloorsintheL-2Sub-
districtoftheCentralCommunityDistrict(CCD)byConditionalUsePermit(CUP).
AngelaSchumannpointedoutthatthereareanumberofPersonalServices
establishmentsalreadyinplaceintheL-2whicharedefinedasexistinglawful
nonconforming.Sheindicatedthatamendingtheordinancewouldenablethese
businessestobecomeconformingpermittedusesaswell.
Grittmanprovidedsomeclarificationrelatedtotheintentoftheordinanceinresponse
tocommissionerquestions.Hestatedthatordinancediscussionshadfocused
accommodatingriver-orientedshopping,includingtourism,entertainmentand
recreationaluseswhichmightoccupyexistingdevelopmentorfuturemulti-story
buildingsatthiscorner.HenotedthatPersonalServicesusesfitwithintheobjectives
forthedistrictandsupporttheintentoftheEmbracingDowntownMonticellochapter
oftheComprehensivePlan.
BradFyleopenedthepublichearing.
SteveJohnson,whoownsparcelsonBlock52intheL-2Sub-district,statedthathe
fullysupportstheproposedamendment.Herecommendedthatanytypeoftrafficor
developmentinthedowntownshouldnotbediscouragedatleastintheshortterm.
MercedesTurnerstatedthatsheandherbusinesspartnerhaddonealotofresearch
relatedtoestablishingapersonalizedyogastudioandcoachingserviceinthe
downtown.ShepointedoutthatMonticelloresidentscurrentlydrivetoothercitiesfor
2
thisserviceandsuggestedthatallowingthisusewouldkeeplocaldollarsintownand
encouragetourism.
Astherewerenofurthercomments,thepublichearingwasclosed.
CHARLOTTEGABLERMOVEDTOADOPTRESOLUTIONNO.2014–107
RECOMMENDINGAPPROVALOFORDINANCENO.603,AMENDINGTHE
ZONINGORDINANCETOCHANGETABLE5-1ABYREDESIGNATING
PERSONALSERVICESASAPERMITTEDUSEINTHECCDL-2SUB-
DISTRICT.SAMBURVEESECONDEDTHEMOTION.MOTIONCARRIED3-0.
AngelaSchumannnotedthatthisitemwouldbeconsideredbytheCityCouncilas
partofitsregularagendalaterintheevening.
Schumannalsomentionedthatstaffhadreceivedoneapplicationforthevacant
PlanningCommissionposition.ShesuggestedthatthePlanningCommission
scheduleaninterviewdateaspartoftheNovember5th meetingagenda.
3.Adjournment
CHARLOTTEGABLERMOVEDTOADJOURNTHEMEETINGAT5:16PM.
BRADFYLESECONDEDTHEMOTION.MOTIONCARRIED3-0.
Recorder:KerryBurri__
Approved:
Attest:____________________________________________
AngelaSchumann,CommunityDevelopmentDirector
1
MINUTES
SPECIAL JOINT MEETING OF THE PLANNING COMMISSION
AND MONTICELLO CITY COUNCIL
Monday, October 27, 2014 – 6:00 p.m.
Mississippi Room, Monticello Community Center
Planning Commission
Present: Chair Brad Fyle, Sam Burvee, Charlotte Gabler
Absent: Alan Heidemann
City Council
Present: Mayor Clint Herbst, Lloyd Hilgart, Tom Perrault, Glen Posusta, Brian Stumpf
Absent: None
Others: Angela Schumann, Steve Grittman (NAC), Ron Hackenmueller, Jeff O’Neill,
Don Jensen and Scott Dahlke (developers)
1. Call to Order
The special meeting was called to order at 6:00 p.m. by Planning Commission Chair Brad
Fyle.
2. Consideration of a Planned Unit Development Concept Plan Proposal for Sunset
Ponds. Applicant: DJZDMJ Planning (Jensen/Donald)/Paxmar
Brad Fyle asked for introductions: Planning Commission, City Council, and the
developers, Don Jensen and Scott Dahlke. Steve Grittman explained the purpose of the
meeting is to review the concept plan and provide input into the proposal. Any issues
should be brought forward for discussion at this time.
Steve Grittman briefly reviewed the project, which is a proposed replat of land in Sunset
Ponds which had been previously designated for attached townhomes. The applicants are
proposed to convert the project to detached townhomes with 44 units rather than 52 as in
the original plat. Steve Grittman explained the applicant does not own all the land and
the purchase and combination of land would be part of the process if the concept is
approved. The proposed development would include lots smaller than normal single
family lots; would require adjustments to utility connections as previously designed;
would require vacation of drainage and utility easements as part of the replat; and should
involve discussions on stormwater management, snowplowing concerns, and concerns
about sewer, water, and other utility services. The developers indicated that maintenance
was planned to fall under private ownership rather than by an association.
Clint Herbst asked if these would become individually owned lots and not part of an
association. Don Jensen explained that they intend to have a management agreement for
all of the homes, which would work like an association for landscaping, mowing, etc.
The lot lines would run to the perimeter and each lot would be part of an association.
2
Clint Herbst explained that his concern was that each lot would be responsible for
upkeep. Glen Posusta confirmed that all of the proposed lots would be governed by an
association agreement. Glen Posusta also asked how snow removal would be handled.
Don Jensen indicated that the association would be willing to take care of plowing
driveways, unless owners opt out. Jeff O’Neill asked which services would allow owners
to opt out; Don Jensen indicated snowplowing would be one, but most other services
would not (such as yard maintenance). Common standards would be applied to all lots
and this meeting is to determine the level of service desired. Don Jensen explained that
the detached townhomes would be a transition from the existing attached townhomes to
the larger single family homes, but would still be governed within an association.
Tom Perrault asked about the economics of making this work since there will be fewer
units than originally planned. Don Jensen explained that his client, Paxmar, purchased
the vacant area from a bank foreclosure and is trying to come up with a design option that
fits a detached townhome project. The proposed development fits the current sewer and
water lines that were brought in for the attached townhomes with a few adjustments. Don
Jensen mentioned that the detached townhomes would be of greater value than the
attached townhomes. He feels that the pricing would fall between the cost of the attached
townhomes and the single family homes that Paxmar is currently constructing. Sam
Burvee asked if there were former plans that included common areas or a small park.
Don Jensen stated that they did not find any plans for that and plan to utilize the large
park at the north end of Sunset Ponds. Jeff O’Neill asked about accessory buildings and
fences; Don Jensen indicated that would not be allowed on these lots. Owners could use
extra lot area for gardens, landscaping, or such.
Don Jensen noted that Paxmar has been involved in similar developments where they had
to uncouple from an association and abandon any common areas and then re-establish the
association. Don Jensen explained how the lots were redrawn compared to the original
plans for attached townhomes, and noted this was done to accommodate building code
and zoning standards.
Clint Herbst commented that he likes the concept but he was concerned about whether
the design is an attempt to get away from required lot sizes for single family homes.
Glen Posusta feels that it is very important to stay with the association concept and
require every owner to opt in for all services, including snow removal.
Brad Fyle asked for any public comments from visitors.
Mike Owens, 6911 NE 92nd Street, asked Don Jensen to describe the property that is
included in the proposal. Don Jensen said this would include all the lots in the drawing
but does not include the land along a side street. Mr. Owens commented that all of that
land, including the part on the side street that is not included, is defined as Sunset Ponds
3rd and suggested that all of the land be addressed at this time.
Brandon Molesky, 9155 Goodrich Drive, expressed concern about drainage issues
because there already are problems with water ponding in certain areas behind the
3
existing townhomes along 91st Street. He suggested that it seems to be an elevation and
grading issue. Brian Stumpf stated that is definitely an issue that should be addressed in
developing the plans for the proposed plat. Steve Grittman noted that those concerns
would be passed on to the engineers.
Melanie Sanchez, 6933 NE 91st Street, asked about the design and size of the homes
proposed. Don Jensen explained that they would all be about the same design as current
houses on Goodrich Drive and would be approximately 1600 sq ft. Ron Hackenmueller
indicated that the structures would need to be at least six feet between houses to meet
building code standards and the drawings submitted with the proposal would satisfy the
requirements.
Don Jensen asked if it was permissible to construct the homes with two-car garages with
potential for adding a third stall if lot size warranted. Jeff O’Neill expressed concern of
providing enough storage space; Don Jensen indicated that the garages would likely be
deeper to accommodate extra storage space.
Lloyd Hilgart asked staff to provide the information on the home designs to the residents
of Sunset Ponds. He also recommended that an association govern this development to
ensure that the small lots are maintained sufficiently.
Don Jensen also asked for consideration to incorporate the ability to add some other floor
plan options and colors into this process without coming back for a PUD amendment at
another time.
3. Adjourn
Brad Fyle adjourned the special meeting at 6:56 p.m.
Recorder: Catherine M. Shuman ____
Approved: December 2, 2014
Attest: ____________________________________
Community Development Director
1
MINUTES
REGULARMEETING–MONTICELLOPLANNINGCOMMISSION
Wednesday,November5th,2014-MississippiRoom,MonticelloCommunityCenter
Present:BradFyle,SamBurvee,CharlotteGabler
Absent:AlanHeidemann
Others:SteveGrittman(NAC),RonHackenmueller,LloydHilgart,DonJensen
(Paxmar)
1.Calltoorder
BradFylecalledthemeetingtoorderat6:00p.m.
2.CitizenComments None
3.Considerationofaddingitemstotheagenda
•CancelPreviousCallforDecember2nd PublicHearing(Grittman)
4.ConsiderationtoapprovePlanningCommissionminutes
CHARLOTTEGABLERMOVEDTOAPPROVETHEOCTOBER7TH,2014
REGULARMEETINGMINUTES.SAMBURVEESECONDEDTHEMOTION.
MOTIONCARRIED3-0.
5.PublicHearing-ConsiderationofarequestforAmendmenttoDevelopment
StagePlannedUnitDevelopment(PUD).Applicant:SunsetPonds,
LLC/Jensen,Donald(NAC)PlanningCaseNumber:2014-048
SteveGrittmansummarizedthatapplicantDonJensenaskedtoamendtheexisting
PlannedUnitDevelopment(PUD)inSunsetPonds2ndAdditiontoallowthesame
standardsonLots6,7,9and10,Block3ashadbeengrantedtherestofthe
subdivisionwhenthePUDwasamendedin2012.Thepreviousamendmenthad
allowedforadditionalflexibilityinhomedesignandconstructiondueto
modificationstothe20%frontbuildingmaterialsrequirement,garagedoorwidth,5’
garageforwardregulation,andoverallgaragesizerelativetohomefootprint.
CharlotteGableraskedabouttheamountofsidesetbackonthelots.Grittman
indicatedthattherequiredsetbackswereappropriate.Gableralsoaskedifthe
commissionhaddiscussedstaggeringthehousestobreakuptheuniformfrontfacade.
Grittmansaidthatthecommissionhadrecommendedonlythatthefacadesmeet
zoningsetbacksandthatarchitecturaltreatmentsdiffer.
BradFyleopenedthepublichearing.
ApplicantDonJensen,representingPaxmarandSunsetPonds,LLC,statedthat
Paxmarhaddecidedtoexcludethelotsfromthe2012PUDamendmenttoallowthe
2
markettodetermineiftheoriginalPUDcriteriawouldbedesirableforthefourfan-
shapedlots.Jensenpointedoutthattherehadbeenrecentinterestindevelopinga
larger,two-storyhouseononeofthelotsunderexistingPUDcriteria.Hesaidthatit
madesensehowever,intermsofuniformity,tomoveforwardwithamendingthe
PUDforallfourlotsatthistime.Jensenconfirmedthattheamendmentwouldallow
forlarger,front-facinggarageswithasmallerdrivewaypattern.
CharlotteGableraskediftherewasawaytofurtherspruceupthefrontofthehomes.
Jensenindicatedthatthehomeownerswoulddeterminevestibuletreatments.
Astherewerenofurthercomments,thepublichearingwasclosed.
GableraskedRonHackenmuelleraboutthecodeprovisionsrelatedtotheliving
spaceabovethegarage.Hackenmuellerstatedthatthebonusroomwouldbetreated
asfinishedsquarefootage.
BRADFYLEMOVEDTOADOPTRESOLUTION2014-111,RECOMMENDING
APPROVALOFANAMENDMENTTOCONDITIONALUSEPERMITFOR
PLANNEDUNITDEVELOPMENTASRELATEDTORESIDENTIALDESIGN
STANDARDSFORT-N(SINGLE-FAMILY)DISTRICTFOR LOTS6,7,9AND10
BLOCK3,SUNSETPONDS2NDADDITION,SUBJECTTOTHECONDITIONS
OUTLINEDINEXHIBITZANDBASEDONAFINDINGTHATTHE
PROPOSEDAMENDMENTCONTINUESTOACHIEVETHEGOALSOFTHE
ORIGINALPUDANDISCONSISTENTWITHTHELONG-RANGEGOALS
FORRESIDENTIALDEVELOPMENTASOUTLINEDINTHE
COMPREHENSIVEPLAN.SAMBURVEESECONDEDTHEMOTION.
MOTIONCARRIED3-0.
ExhibitZ
SunsetPonds2nd AdditionAmendmenttoPUD
(Lots6,7,9and10,Block3)
October,2014
1.TheplansforthebuildingpermitshallcomplywiththeZoningOrdinance
minimumfinishedsquarefootagestandards.
2.TheplansforthebuildingpermitshallcomplywiththeZoningOrdinance
minimumsetbackrequirements.
3.Stoneorbrickveneershallbeonboththegaragefaceareaandporticoas
shownontheprovidedplansdatedOctober6,2012.
4.Shakeveneershallnotbepermittedasanexclusivetreatmentinlieuofstone
orbrickveneer,andshallonlybeusedtocomplimentthebrickorstonein
meetingtherequired20percentasshownontheplans.
3
5.Anycornerlotshallincludeadditionalstoneorbrickonthesecondaryright-
of-wayelevationtobettermeettheintentofthe20percent“frontbuilding
façade”requirement.
6.Allgaragedoorsshallincluderaisedpanelsandmayincludewindowlights.
7.Nohomesonabuttingpropertiesmaybeconstructedoftheexactsame
exteriorhomedesign.
8.TheapplicantenterintoanagreementforamendmenttoPlannedUnit
DevelopmentforSunsetPonds2nd Addition.
6.ConsiderationtocallforaPublicHearingonDecember2nd,2014for
AmendmentstoTitle10ofMonticelloCityCode-ZoningOrdinanceandTitle
11ofMonticelloCityCode–SubdivisionOrdinance,chaptersandsectionsas
follows:
a.MonticelloZoningOrdinance,Chapter2,Section4(M)–Grading,Drainage
andErosionControlPermit
b.MonticelloZoningOrdinance,Chapter4,Section10–Grading,Drainageand
ErosionControl
c.MonticelloSubdivisionOrdinance,Chapter5–DesignStandards
SteveGrittmannotedthatWSB&Associateshadreviewedlocalordinancesfor
compliancewithfederalandstaterequirementsmandatedfortheMunicipalSeparate
StormSewerSystem(MS4)GeneralPermitandrecommendedanumberof
amendmentstothecity’szoningandsubdivisionordinances.Grittmanaskedthatthe
PlanningCommissioncallforapublichearingtoconsidertheproposedamendments.
BradFylesaidthathedidn’twanttoseeanymorerulesthanwerenecessaryand
askedifthecityhadtheoptionnottopermit.Grittmanindicatedthatthestatewould
takeoverlocalstormwaterregulationifthecitydidnothaveanapprovedprogram.
Gableraskediftheprogramwouldincludeeducatinghomeownersaboutstormwater
runoff.GrittmansuggestedthatWSBmightaddresstheextenttowhichpublic
outreachwouldbeafocusinthestormwaterprogram.
SAMBURVEEMOVEDTOCALLFORAPUBLICHEARINGFORDECEMBER
2ND,2014FORAMENDMENTSTOTITLE10OFMONTICELLOCITYCODE–
ZONINGORDINANCEANDTITLE11OFMONTICELLOCITYCODE–
SUBDIVISIONORDINANCE,CHAPTERSANDSECTIONSASFOLLOWS:
a.MonticelloZoningOrdinance,Chapter2,Section4(M)–Grading,Drainage
andErosionControlPermit
b.MonticelloZoningOrdinance,Chapter4,Section10–Grading,Drainage
andErosionControl
c.MonticelloSubdivisionOrdinance,Chapter5–DesignStandards
4
CHARLOTTEGABLERSECONDEDTHEMOTION.MOTIONCARRIED3-0.
7.AddedItem
•CancelPreviousCallforDecember2nd PublicHearing(Grittman)
SteveGrittmanaskedthatthePlanningCommissioncancelacallforapublichearing
scheduledforDecember2nd toconsideraseriesofminoramendmentstothelanduse
componentoftheComprehensivePlan(CompPlan).Thisactionwouldallowstaff
timetoreviewandamendthezoningordinanceasitrelatestonotification
requirementsforCompPlanamendments.Althoughstatestatuterequiresonly
publishedpublichearingnoticeforCompPlanamendments,Monticello’sordinance
requiresmailednoticeforeventhemostinconsequentialamendments.Grittman
indicatedthatstaffhaddiscussedrevisingtheordinancetotrackwithstatenotification
requirementswhenmakingminorchangesandidentifyingathresholdatwhichmailed
noticewouldberequiredformoresubstantiveamendments.
CHARLOTTEGABLERMOVEDTOCANCELTHECALLFORPUBLIC
HEARINGRELATEDTOCOMPPLANAMENDMENTSSCHEDULEDFOR
THEDECEMBER2ND,2014PLANNINGCOMMISSIONMEETINGUNTIL
COMPPLANAMENDMENTNOTIFICATIONREQUIREMENTSHAVE
BEENAMENDEDINTHEMONTICELLOZONINGORDINANCE.SAM
BURVEESECONDEDTHEMOTION.MOTIONCARRIED3-0.
8.ConsiderationtosetinterviewscheduleforPlanningCommissionvacancy
StaffreceivedoneapplicationfortheopenseatonthePlanningCommissionsinceit
waspostedonOctober8th.Thecommissionersdiscussedschedulinganinterview
withtheapplicantfor5:15p.m.priortotheirnextregularmeetingandagreedto
continuetopostthepositiontoprovideanopportunityforadditionalapplications.
SAMBURVEEMOVEDTOINTERVIEWCANDIDATE(S)FORTHEOPEN
POSITIONONTHEMONTICELLOPLANNINGCOMMISSIONON
DECEMBER2ND,2014.BRADFYLESECONDEDTHEMOTION.MOTION
CARRIED3-0.
9.Adjournment
CHARLOTTEGABLERMOVEDTOADJOURNTHEMEETINGAT6:29PM.
BRADFYLESECONDEDTHEMOTION.MOTIONCARRIED3-0.
Recorder:KerryBurri__
Approved:
Attest:____________________________________________
AngelaSchumann,CommunityDevelopmentDirector
Planning Commission Agenda – 12/02/14
1
5. Public Hearing – Consideration of Amendments to Title 10 of Monticello City
Code - Zoning Ordinance and Title 11 of Monticello City Code – Subdivision
Ordinance, chapters and sections as follows. Applicant: City of Monticello
a. Monticello Zoning Ordinance, Chapter 2, Section 4(M) – Grading,
Drainage and Erosion Control Permit
b. Monticello Zoning Ordinance, Chapter 4, Section 10 – Grading, Drainage
and Erosion Control
c. Monticello Subdivision Ordinance, Chapter 5 – Design Standards
A. REFERENCE AND BACKGROUND:
The Planning Commission is asked to consider amendments to the Monticello Zoning
Ordinance and Subdivision Ordinance. These amendments relate to the requirements
mandated for the City’s Municipal Separate Storm Sewer System (MS4) General
Permit. The MS4 Permit is described in overview in the attached supporting data.
WSB & Associates, the City’s consulting engineering firm, is assisting the City in
attaining compliance with MS4 permitting. As part of those efforts, WSB has
completed a review of the City’s codes for compliance with MS4 standards. As a
result, WSB is recommending a number of amendments to the City’s Zoning and
Subdivision Ordinances (as well as other ordinances which come under the review
and amendment authority of the City Council). The Planning Commission is required
to hold public hearings on amendments to the Monticello Zoning Ordinance and
Subdivision Ordinance.
A background memo has been prepared by WSB which provides a brief summary of
the type of amendments the Commission is asked to review. Draft ordinance
amendment documents have been prepared for the zoning and subdivision ordinance
and are included for recommendation. Also included are proposed amendments to
the City Code for Illicit Discharge. While the Planning Commission is not required
to recommend or hold a public hearing on this section of code, it is included with the
report as a reference on the complete package of ordinance amendments proposed for
storm water management associated with the MS4 permit.
Representatives of WSB & Associates will be present at the meeting to review the
ordinance amendments in full and to provide additional information on the MS4
General Permit.
Planning Commission Agenda – 12/02/14
2
B. ALTERNATIVE ACTIONS:
1. Motion to adopted Resolution 2014-121, recommending approval of Amendments
to Title 10 of Monticello City Code - Zoning Ordinance and Title 11 of
Monticello City Code – Subdivision Ordinance, chapters and sections as follows.
(AS)
a. Monticello Zoning Ordinance, Chapter 2, Section 4(M) – Grading, Drainage
and Erosion Control Permit
b. Monticello Zoning Ordinance, Chapter 4, Section 10 – Grading, Drainage and
Erosion Control
c. Monticello Subdivision Ordinance, Chapter 5 – Design Standards
2. Motion of other.
C. STAFF RECOMMENDATION:
Staff recommends alternative 1 above. Stormwater runoff and site erosion can have
significant adverse impacts on local and regional water resources, diminishing the
quality of public health, safety, public and private property, and natural resources of
the community. These regulations are intended to minimize these impacts. In
addition, these amendments are required to achieve compliance with federal and state
permit requirements for the City.
D. SUPPORTING DATA:
A. Resolution 2014-121
B. November 20th, 2014 WSB Memo, MS4 Ordinance Review
C. Monticello Zoning Ordinance, Chapter 2, Section 4(M) – Grading, Drainage
and Erosion Control Permit, Proposed
D. Monticello Zoning Ordinance, Chapter 4, Section 10 – Grading, Drainage and
Erosion Control, Proposed
E. Monticello Subdivision Ordinance, Chapter 5 – Design Standards, Proposed
F. Monticello City Code, Title 7, Chapter 10 – Illicit Discharge, Proposed
G. Monticello Zoning Ordinance, Chapter 2, Section 4(M) – Grading, Drainage
and Erosion Control Permit, Existing
H. Monticello Zoning Ordinance, Chapter 4, Section 10 – Grading, Drainage and
Erosion Control, Existing
I. Monticello Subdivision Ordinance, Chapter 5 – Design Standards, Existing
J. City Council Agenda – Staff Report of 6/23/14
K. EPA Stormwater Background – MS4
CITYOFMONTICELLO
WRIGHTCOUNTY,MINNESOTA
RESOLUTIONNO.2014-021
MotionBy:________________SecondedBy:________________
ARESOLUTIONRECOMMENDINGAPPROVALOFAMENDMENTSTO
TITLE10OFMONTICELLOCITYCODE-ZONINGORDINANCE
CHAPTER2,SECTION4(M)–GRADING,DRAINAGEANDEROSION
CONTROLPERMITANDCHAPTER4,SECTION10–GRADING,
DRAINAGEANDEROSIONCONTROLANDAMENDMENTSTOTITLE11
OFMONTICELLOCITYCODE,MONTICELLOSUBDIVISION
ORDINANCE,CHAPTER5–DESIGNSTANDARDS
WHEREAS,theCityofMonticellohasadoptedazoningordinanceprovidingfor publichealth,
safety,andgeneralwelfareofthecommunityanditspeoplethroughtheestablishmentofregulations
governingdevelopmentanduse;and
WHEREAS,theCityofMonticellohasadoptedasubdivisionordinanceprovidingforthe
regulationsandrequirementsfortheplattingoflandwithintheCityofMonticellopursuantto
theauthoritycontainedinMinnesotaStatuteswhichtheCitydeemsnecessaryforthehealth,
safety,andgeneralwelfareofthiscommunity;and
WHEREAS,thezoningordinanceprovidesregulatoryrequirementsforlanddevelopmentand
landdisturbingactivitiesaimedatminimizingthethreatstopublichealth,safety,publicand
privatepropertyandnaturalresourceswithinthecommunityresultingfromconstructionsite
erosionandpost-constructionstormwaterrunoff;and
WHEREAS,thePlanningCommissionhasconductedapublichearingonDecember2nd,2014
toreviewtherequestsandreceivepubliccommentontheamendment;and
WHEREAS,thePlanningCommissionfindsthatuncontrolledstormwaterrunoffand
constructionsiteerosionfromlanddevelopmentandlanddisturbingactivitiescanhave
significantadverseimpactsuponlocalandregionalwaterresources,diminishingthequalityof
publichealth,safety,publicandprivatepropertyandnaturalresourcesofthecommunity
NOW,THEREFORE,BEITRESOLVED,bythePlanningCommissionoftheCityof
Monticello,Minnesota:
ThePlanningCommissionrecommendsthattheCityCounciladoptamendmentstoTitle10of
MonticelloCityCode-ZoningOrdinanceChapter2,Section4(M)–Grading,Drainageand
ErosionControlPermitandChapter4,Section10–Grading,DrainageandErosionControland
1
AmendmentstoTitle11ofMonticelloCityCode,MonticelloSubdivisionOrdinance,Chapter5
–DesignStandards
nd
ADOPTEDthis2dayofDecember,2014,bythePlanningCommissionoftheCityof
Monticello,Minnesota.
MONTICELLOPLANNINGCOMMISSION
By:_______________________________
BradFyle,Chair
ATTEST:
____________________________________________
AngelaSchumann,CommunityDevelopmentDirector
2
engineeringplanningenvironmentalconstruction 477TemperanceStreet
St.Paul,MN55101
Tel:651-286-8450
Fax:651-286-8488
Memorandum
To:AngelaSchumann,CityofMonticello
From:ShibaniBisson,WSB&Associates
GregBeckius,WSB&Associates
Date:November20,2014
Re:MS4OrdinanceReview
CityofMonticello
WSBProjectNo.2092-400
WSB&Associates’staffreviewedtheCityofMonticello’sordinancesandhaveidentifiedwherethe
currentordinanceshavedeficienciesaccordingtothenewrequirementsoftheMunicipalSeparateStorm
SewerSystem(MS4)GeneralPermit.PleaseseeenclosedCityCouncilagendaitemfrom6/23/14that
describestheMS4programandrequirements.
OurrecommendedordinancerevisionsaredesignedtobringtheCity’sordinancesintocompliancewith
thenewregulatorymechanismrequirementsoftheMS4GeneralPermit.
Belowisabriefsummaryoftheordinanceanalysisperformedandrecommendationsforordinance
revisionsrequiredtosatisfythenewrequirementsoftheMS4GeneralPermitasoutlinedbelow.
OrdinanceAnalysis
WSBstaffreviewedtheCity’sMS4StormwaterPollutionPreventionPlanApplicationfor
Reauthorization,whichoutlinedthetaskstheCityagreedtoundertakeinordertocomeintocompliance
withtheMS4GeneralPermitbyJanuary15,2015.WSBstaffcomparedtheCityofMonticello’s
ordinancestotheEnvironmentalProtectionAgency’smodelordinancesandordinancesthathavebeen
adoptedbyotherCitiesthatarerepresentativeofthetypeoflanguageandcontentneededtosatisfythe
newpermitrequirements.WSBstaffalsoutilizedguidancedocumentsfromtheMinnesotaPollution
ControlAgencywhichincludedrecommendationsforsatisfyingtheregulatorymechanismrequirements
forMinimumControlMeasure3,4,and5.
St.CloudMinneapolisSt.Paul
EqualOpportunityEmployer
wsbeng.com
F:\\CommunityDevelopmentDirector\\Boards&Commissions\\PlanningCommission\\2014\\Agenda\\December\\Item5.MS4\\IndividualExhibits\\MonticelloOrdinanceSummaryMemoToPC112014.doc
Ms.AngelaSchumann
November20,2014
Page2
Recommendations
ThefollowingCityordinancesarerecommendedtoberevisedtobeincompliancewiththenew
requirementsoftheMS4GeneralPermit.Alsoidentified,isabriefdescriptionoftherevisions.
Title10-MonticelloZoningOrdinance:Chapter2–Section2.4(M)
Grading,DrainageandErosionControlPermitRequirements
UpdatetitletoGrading,Drainage,StormwaterManagementandErosionControlPermit
Requirements
UpdateSectionreferences
Title10–MonticelloZoningOrdinance:Chapter4-Section4.10(A-H),
Grading,Drainage&ErosionControl
UpdatethePurposesectiontoincludestatutoryauthorization
AddcleardefinitionsforBestManagementPractices(BMPs),dewatering,erosionprevention,
sedimentcontrol,stabilized,etc.pertheNPDESConstructionGeneralPermit
UpdatetheGrading,DrainageandErosionControlPlanRequirementstobeasstringentasthe
NPDESConstructionGeneralPermit,anduselanguagetakendirectlyfromthepermit
o Includelanguageandrequirementstoaddressthelocationofanywaterbody,andany
biologicallyorarchaeologicallysignificantareaswithinonemileofthesite
ReferencetheCity’sDesignManual.
AddasectiononStormwaterManagementRequirements
UpdateapprovalstandardstocomplywiththenewlyissuedNPDESMS4Permitwithinthe
ConstructionRequirementssection
o Includeguidelinesforspecialorimpairedwaters
o BMPstominimizeerosion
o BMPstominimizethedischargeofsedimentandotherpollutants
o BMPsfordewateringactivities
o Siteinspectionsandrecordsofrainfallevents
AddlanguagetotheInspectionsectionregardingthefrequencyofrequiredinspections(onceper
weekandwithin24hoursafterarainfalleventgreaterthan0.5inch).Alsoaddlanguage
describingtherecordsneededfromeachinspection
UpdatethemaintenancesectiontoincludeprovisionsformaintenanceandrepairofBMPs
Addasectionregardingthestipulationsforfinalstabilizationofasite
Title11–SubdivisionOrdinance:Chapter5DesignStandards
Section11-5-5:ErosionandSedimentControl
Section11-5-6:Drainage
ReferencetheCity’sDesignManualandChapter4oftheZoningOrdinance
Updatetoincludetheprocessofstabilizationiflocatedwithin1-mileofspecialorimpaired
water.
IncorporatelanguageoftheMinimalImpactDesignStandards(MIDS)andwaterResources
ManagementPlanformanagingvolume,TSS,andTPforredevelopmentandnewdevelopment.
F:\\CommunityDevelopmentDirector\\Boards&Commissions\\PlanningCommission\\2014\\Agenda\\December\\Item5.MS4\\IndividualExhibits\\MonticelloOrdinanceSummaryMemoToPC112014.doc
Ms.AngelaSchumann
November20,2014
Page3
Title7–Chapter10IllicitDischargeDetectionandEliminationOrdinance
Section7-10-1:PurposeandIntent
Section7-10-8:SuspensionofMS4Access
Section7-10-14:Enforcement
UpdateSection7-10-1:PurposeandIntenttoincludeMinnesotaRules,Parts6120.2500-
6120.3900,MinnesotaRulesChapters8410,8420and70510.0210reference.
Includelanguageinsection7-10-8:SuspensionofMS4Accesstoincludeemergencyceaseand
desistorders
UpdateSection7-10-14:Enforcementtoincludeasectionforawarningnoticeifthereisa
violation
AddlanguagedescribingwhattheNoticeofViolationshallcontain
F:\\CommunityDevelopmentDirector\\Boards&Commissions\\PlanningCommission\\2014\\Agenda\\December\\Item5.MS4\\IndividualExhibits\\MonticelloOrdinanceSummaryMemoToPC112014.doc
CHAPTER 2: APLICATION REVIEWS AND PROCEDURES
Section 2.4 specific Review Procedures & Requirements
Subsection (M) Grading, Drainage, Stormwater Management and Erosion Control Permit
(M) Grading, Drainage, Stormwater Management and Erosion Control Permit
(1) Purpose
This section establishes when a grading, drainage, stormwater management and
All grading
requirements can be
erosion control permit is required, how it will be reviewed,
found in Section
information required with the application, and how unauthorized work will be
4.10: Grading,
Drainage,
handled. Requiring a Grading Permit enables the City to protect the public by
Stormwater
ensuring that erosion does not endanger water resources or unnecessarily
Management and &
require extra maintenance of sewers and ditches and/or the dredging of lakes
Erosion Control
and ponds. A Grading Permit promotes the public welfare by guiding,
regulating, and controlling the design, construction, use, and maintenance of any
development or other activity that disturbs or breaks the topsoil or results in the movement of
earth on land in Monticello.
(2) In General
A Grading Permit shall be required for land-disturbing activity that would require the
uncovering or distributing of material in excess of any of the following measurements:
(a) 5000 square feet.
(b) 400 cubic yards undeveloped land, or 40 cubic yards developed land.
(c) Within 200 feet of a waterway or surface water(s).
(3) Exceptions
(a) No Grading Permit is required for land disturbances under the amounts specified in
Section 2.4(MN)(2), or for the following activities:
(i) Any emergency activity that is immediately necessary for the protection of life,
property or natural resources.
(ii) General establishment of new construction lawns, or the addition of four (4) or fewer
inches of topsoil.
(iii) Existing nursery and agricultural operations conducted as a permitted main or
accessory use.
(b) In the case of grading specific to and in conjunction with a single Building Permit, a
separate Grading Permit is not required.
(i) The Building Permit shall be reviewed and serve as the Grading Permit.
CHAPTER 2: APLICATION REVIEWS AND PROCEDURES
Section 2.4 specific Review Procedures & Requirements
Subsection (M) Grading, Drainage, Stormwater Management and Erosion Control Permit
(ii) The individual lot permittee shall be required to provide a letter of credit or other
security deemed acceptable by the City with the building permit application.
1. The security shall cover City costs for street sweeping, installation, maintenance
and repairs to erosion control measures. The bond will be in an amount as
specified by the current City ordinance for fee schedule. Said security shall be
provided prior to the release of the Grading Permit.
2. The security shall be released after turf is established as specified in the City
Design Guidelines and Plan Requirements Manual, and the turf establishment is
inspected by the City of Monticello and deemed to be approved.
(4) Application
(a) All applications for a Grading Permit shall be in accordance with Section 2.3, Common
Review Requirements.
(b) In addition to general review requirements, applications for a Grading Permit shall also
include at least the following to be considered complete (except as exempted by the
Community Development Department):
(i) Each application shall bear the name(s) and address(es) of the owner or developer of
the site, and of any consulting firm retained by the applicant together with the name
of the applicant's principal contact at such firm.
(ii) A Grading, Drainage, Stormwater Management and Erosion Control Plan meeting
the requirements of Section 4.10(C). Each application shall include the required
number of plans and other required materials as specified by the Community
Development Department.
(iii) The application form shall include a statement by the applicant that any land clearing,
construction, or development involving the movement of earth shall be in accordance
with the approved Grading, Drainage, Stormwater Management and Erosion Control
Plan.
(iv) The permittee will be required to file with the City of Monticello an irrevocable,
automatically renewing letter of credit, or other improvement security in the amount
specified by the current City ordinance for fee schedule. This security shall be in
addition to the required non-refundable filing fee as specified by City Ordinance,
which shall be submitted under separate payment.
1. The security shall cover all costs of engineering and inspection, site
improvements, street sweeping, repairs to erosion control measures, and
maintenance of improvements for such period as specified by the City of
Monticello. Said security shall be provided prior to the release of the Grading
Permit.
CHAPTER 2: APLICATION REVIEWS AND PROCEDURES
Section 2.4 specific Review Procedures & Requirements
Subsection (M) Grading, Drainage, Stormwater Management and Erosion Control Permit
2. Security shall be released after final stabilization is complete, erosion control
measures have been removed and their removal area inspected by the City of
Monticello and deemed to be approved.
(c) The City of Monticello requires complete application no less than fifteen (15) working
days in advance of the desired Grading Permit release date.
(5) Review
(a) Grading Permit Review Criteria
Approval of a Grading Permit shall be based on the following criteria:
(i) Whether the proposed Grading Permit is consistent with all the requirements of
Section 4.10 and any other City Code requirements;
(ii) Whether the proposed Grading Permit is in compliance with all engineering standards
adopted by the City;
(iii) Whether the proposed Grading Permit is in compliance with any previous approvals
for the facility (e.g. grading for additional parking previously approved by a
conditional use permit).
(b) Grading Permit Review Process
(i) The Community Development Department shall review all Grading Permit
applications.
(ii) Applications determined to conform with the approval criteria outlined in Section
2.4(MN)(5)(a) shall be approved by the Community Development Department with
any conditions deemed necessary. A copy of the approved permit shall be provided
to the applicant which includes all conditions and comments.
(iii) Applications not conforming with the approval criteria outlined in Section
2.4(MN)(5)(a) shall be denied by the Community Development Department. A
notice of denial shall be provided to the applicant which includes all identified
reasons for denial.
(6) Reasonable Conditions
In approving a Grading Permit, the Community Development Department may impose such
reasonable conditions and requirements as it deems necessary and appropriate to ensure
continued compliance with the Grading Permit review criteria and other city ordinances.
CHAPTER 2: APLICATION REVIEWS AND PROCEDURES
Section 2.4 specific Review Procedures & Requirements
Subsection (M) Grading, Drainage, Stormwater Management and Erosion Control Permit
(7) Effect of Grading Permit Approval
The issuance of a Grading Permit shall authorize only the changes approved by the
Community Development Department as depicted by the application materials.
(8) Time Limit
(a) Failure to complete the authorized grading within six months of the date of approval will
invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the Community
Development Department if the applicant can show good cause.
(9) Amendments
All requested amendments to an existing Grading Permit shall be processed in the same
manner as a new application.
(10) Unauthorized Work
Work done without the authorization of a permit and/or found to be out of conformance with
approved plans shall be immediately halted and subject to the remedies and penalties
described in Section 7.6 of this ordinance. Driveways or parking lots being built out of
conformance shall be brought into conformance.
(11) Appeal
The applicant for a Grading Permit my appeal the decision of the Community Development
Department to the Board of Adjustment and Appeals per Section 2.4(H).
PROPOSED REVISION TO
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4.10 Grading, Drainage, Stormwater Management & Erosion Control
(A) Purpose
(1) Statutory Authorization. This Section is adopted pursuant to the authorization and policies
contained in Minnesota Statutes Chapters 103B and 462; Minnesota Rules, Parts 6120.2500-
6120.3900, Minnesota Rules Chapters 8410, 8420 and 70510.0210.
(2) Findings. The City of Monticello finds that uncontrolled Stormwater runoff and construction Site
Erosion from Land Development and Land Disturbing Activities can have significant adverse
impacts upon local and regional water resources, diminishing the quality of public health, safety,
public and private property and natural resources of the community.
(3) Purpose. The general purpose of this Section is to establish regulatory requirements for land
Development and Land Disturbing Activities aimed at minimizing the threats to public health,
safety, public and private property and natural resources within the community resulting from
construction Site Erosion and post-construction Stormwater runoff.
(4) This ordinance is intended to meet the current construction site erosion and sediment control and
post-construction stormwater management regulatory requirements for construction activity and
small construction activity and small construction activity (NPDES Permit) as defined in 40 CFR
pt. 122.26(b)(14)(x) and (b)(15), respectively.
(5) This ordinance is intended to meet the Minimal Impact Design Standards (MIDS) developed
under Minnesota Statutes 2009, Section 115.03, subdivision 5c.
(1) During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded
soil endangers water resources by reducing water quality and causing the siltation of aquatic
habitat for fish and other desirable species. Eroded soil also necessitates the maintenance of
sewers and ditches and the dredging of lakes and ponds.
(2) As a result, the purpose of this local regulation is to safeguard persons, protect property, and
prevent damage to the environment in Monticello. This ordinance will also promote the public
welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of
any development or other activity that disturbs or breaks the topsoil or results in the movement of
earth on land in Monticello. This ordinance is to be used in supplement to any other regulations as
required by state agencies.
(B) Definitions
Best Management Practices (BMPs) means erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling,
preventing, and minimizing degradation of surface water, including, but not limited to,
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avoidance of impacts, construction-phasing, minimizing the length of time soil areas are
exposed, or prohibitions or other management practices published by state or designated
area-wide planning agencies.
Contractor means the party who signs the permit, application, construction contract or
development agreement with the city to construct a project. Where the construction project
involves more than one contractor, the general contractor shall be the contractor that is
responsible pursuant to the obligations set forth in this ordinance.
Dewatering means the removal of water for construction activity such as the removal of
temporary sediment basin water or appropriated surface or groundwater to dry and/or solidify
a construction site.
Erosion means the wearing away of the ground surface as a result of the movement of wind,
water, ice and/or land disturbance activities.
Erosion Prevention means measures employed to prevent erosion. Examples include, but are
not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent
cover, and construction phasing.
Final Stabilization means:
(a) All soil disturbing activities at the site have been completed and a uniform (e.g.,
evenly distributed, without large bare areas) perennial vegetative cover with a density
of 70 percent of the native background vegetative cover for the area has been
established on all unpaved areas and areas not covered by permanent structures, or
equivalent permanent stabilization measures (such as the use of riprap, gabions, or
geotextiles) have been employed;
(b) For individual lots in residential construction by the contractor, the contractor must
either: (A) complete final stabilization as specified above, or (B) establish temporary
stabilization including perimeter controls for an individual lot prior to occupation of
the structure. If the contractor chooses (B), it must inform the owner in writing of the
needrequirements for, and benefits of, final stabilization;
(c) For construction projects on land used for agricultural purposes (e.g., pipelines across
crop or range land) final stabilization may be accomplished by returning the disturbed
land to its preconstruction agricultural use. Areas disturbed that were not previously
used for agricultural activities, such as buffer strips immediately adjacent to surface
waters and drainage systems and areas which are not being returned to their
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preconstruction agricultural use must meet the final stabilization criteria in subparts
(a) or (b) above;
(d) The contractor must clean out all sediment from conveyances and from temporary
sedimentation basins that are to be used as permanent water quality management
basins. Sediment must be stabilized to prevent it from washing back into the basin,
conveyances or drainage ways discharging off-site or to surface waters. The cleanout
of permanent basins must be sufficient to return the basin to design capacity. All
drainage ditches constructed to drain water from the site after construction is
complete must be stabilized to preclude erosion; and
(e) All temporary synthetic and structural erosion prevention and sediment control BMPs
(such as silt fence) must be removed as part of the final stabilization on the site.
Impervious Surface means a constructed hard surface that either prevents or retards the entry
of water into the soil and causes water to run off the surface in greater quantities and at an
increased rate of flow than existed prior to development. Examples include rooftops,
sidewalks, patios, parking lots, storage areas and concrete, asphalt, or gravel driveways or
roads.
Land Disturbing Activity means any land change that may result in soil erosion from water or
jurisdiction, including, but not limited to, clearing, grubbing, grading, excavating,
transporting and filling.
Owner means the person or entity with a legal or equitable interest in the land on which the
construction activities will occur.
Permanent Cover shall mean Final Stabilization
Sediment means the product of an erosion process; solid material both mineral and organic,
that is in suspension, is being transported, or has been moved by water, air or ice, and has
Stabilized means the exposed ground surface after it has been covered by appropriate
materials such as mulch, staked sod, riprap, wood fiber blankets, or other material that
prevents erosion from occurring. Grass seeding is not considered stabilizationed until it has
established and meets the definition of Final Stabilization.
Stormwater shall have the meaning given to it by Minnesota Rule 7077.0105, subpart 41(b).
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PROPOSED REVISION TO
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Stormwater Pollution Prevention Plan means a plan for stormwater discharge that includes
erosion prevention measures and sediment controls that, when implemented, will minimize
soil erosion on a parcel of land and minimize off-site nonpoint pollution to the maximum
extent practicable.
Surface Water or Waters means all streams, lakes, ponds, marshes, wetlands, reservoirs,
springs, rivers, drainage systems, waterways, watercourses, wells, reservoirs, aquifers,
irrigation systems and all other bodies or accumulations of water, surface or underground,
natural or artificial, public or private.
Temporary Erosion Protection means short term methods employed to prevent erosion.
Examples of these methods include: straw, wood fiber blanket, wood chips and erosion
netting.
(B)(C) Permits
(1) The thresholds for required Grading, Drainage, and Stormwater Management and Erosion
Control permits along with the permit review process is outlined in Section 2.4(NM) of this
ordinance.
(2) The Permittee(s) shall be responsible for obtaining required permits from other government
agencies prior to conducting grading work (e.g. dewatering a site for development will require
one or more permits from the MPCA).
(C)(D) Grading, Drainage, Stormwater Management,e and Erosion Control Plan Requirements
Grading, drainage, stormwater management and erosion control plans are required for any activities
that require a grading permit as defined in Section 2.4(M).
Plan Requirements At a minimum, the Stormwater Pollution Prevention Plan must meet the NPDES
requirements and conforms to the SWPPP standards specified in the MPCA NPDES construction
general permit (Permit No: MN R10001), regarding construction-site erosion and sediment control
(CGP Part III.A-B). The SWPPPplans shall contain the following information and be in conformance
with :
(1) The name and address of the applicant, a legal description of the site, north point, date and scale
of drawing and number of sheets;
(2) Grading, erosion control practices, sediment control practices, and waterway crossings shall meet
the design criteria set forth in the Grading, Drainage and Erosion Control Plan, and shall be
adequate to prevent transportation of sediment from the site to the satisfaction of the City of
Monticello.An existing site map: a map of existing site conditions showing the site and
immediately adjacent areas, which shall include the following information;
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(a) Existing topography with a contour interval appropriate to the topography of the land but in
no case having a contour interval greater than two feet;
(b) A delineation of all Surface Waters located on and immediately adjacent to the site, including
depth of water, a description of all vegetation which may be found in the water, a statement
of general water quality and any classification given to the water body or wetland by the
Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency,
and/or the United States Army Corps of Engineers;
(c) The location and dimensions of existing stormwater drainage systems and natural drainage
patterns on and immediately adjacent to the site delineating the direction and the rate the
stormwater is conveyed from the site, identifying the receiving stream, river, public water, or
wetland and setting forth those areas of the unaltered site where stormwater collects;
(d) A description of the soils of the site, including a map indicating soil types of areas to be
disturbed as well as a soil report containing information on the suitability of the soils for the
type of development proposed and for the type of sewage disposal proposed which describes
any remedial steps to be taken by the applicant to render the soils suitable;
(e) The location and type of vegetative cover on the site and clearly delineating any vegetation
proposed for removal; and
(f) 100 year floodplain, flood fringes and floodways boundaries.
(g) The location of any water body, and any biologically or archaeologically significant areas
within one mile of the site that is identified as: (CGP Part I.B.6)
i. impaired pursuant to section 303(d) of the federal Clean Water Act (33 U.S.C. §
303(d)) where the identified pollutant(s) or stressor(s) are phosphorus (nutrient
eutrophication biological indicators), turbidity, dissolved oxygen or aquatic biota
(fish bioassessment, aquatic plant bioassessment and aquatic macroinvertebrate
bioassessment), and with or without a U.S. Environmental Protection Agency
(USEPA) approved Total Maximum Daily Load (TMDL) for any of these
identified pollutant(s) or stressors(s) also meeting the specific impaired waters
criteria of the Minnesota Pollution Control Agency's National Pollutant Discharge
Elimination System (NPDES) construction general permit (Permit No: MN
R10001), regarding construction-site erosion and sediment control;
ii. An outstanding resource value waters as listed in Minn. R. 7050.0180, subp. 3, 4,
5, 6, 6a and 6b;
iii. A trout waters as listed in Minn. R. 6264.0050, subp. 2 and 4;
iv. A wetland defined in Minn. R. 7050.0186 subd.1a.B;
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v. Any lands where state or federally listed endangered or threatened species are
known to occur, or properties listed in the National Register of Historic Places,
including archaeological sites may be impacted.
(3) A site construction plan which shall include the following information:
(a) Locations and dimensions of all proposed land disturbing activities and any phasing of those
activities;
(b) Locations and dimensions of all temporary soil or dirt stockpiles;
(c) Locations and dimensions of all erosion prevention measures and best management practices
necessary to meet the requirements of this ordinance;
(d) Schedule of anticipated start and completion dates of each land disturbing activity including
the dates of installation of erosion prevention measures for each phase needed to meet the
requirements of this ordinance; and
(e) Provisions for maintenance of the erosion and sediment prevention measures prior to final
stabilization.
(4) A plan of final site conditions, which shall include the following information:
(a) Finished grading shown at contours at the same interval as provided on the existing site map
remaining features;
(b) A landscape plan, drawn to an appropriate scale, including dimensions and distances and the
location, type, size and description of all proposed landscape materials that will be added to
the site;
(c) A drainage plan of the developed site delineating in which direction and the rate stormwater
will be conveyed from the site and setting forth the areas of the site where stormwater will be
allowed to collect;
(d) The proposed size, alignments and intended use of any structures to be erected on the site;
(e) A clear delineation and tabulation of all impervious surfaces to be installed on the site,
including a description of the surfacing material to be used;
(f) Any other information pertinent to the particular project which in the opinion of the applicant
is necessary for the review of the project; and
(1)
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(a) The Grading, Drainage and Erosion Control Plan shall comply with the NPDES General
Storm Water Permit requirements and include the following, as applicable:
(b) A natural resources map identifying soils, tree cover including size and type, significant
native plant communities, and resources protected under other sections of this code.
(c) A sequence of construction of the development site, including stripping and clearing;
rough grading; construction of utilities, infrastructure, and buildings; and final grading
and landscaping. Sequencing shall identify the expected date on which clearing will
begin, phasing of clearing or grading, the estimated duration of exposure of cleared areas,
areas of clearing, installation of temporary erosion and sediment control measures, and
establishment of permanent vegetation.
a. All erosion and sediment control measures necessary to meet the objectives of this
local regulation throughout all phases of construction and after completion of
development of the site. Depending upon the complexity of the project, the drafting
of intermediate plans may be required at the close of each season.
(d)(g) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected
seeding dates, type and rate of lime and fertilizer application, and kind and quantity of
mulching for both temporary and permanent vegetative control measures. Required
specifications are referenced in the City of Monticello Plan Requirements and Design
GuidelinesManual.
(e)(h) Provisions for maintenance of erosion and sediment plan, specifically in boulevards,
easements and other public areas, and estimates of the cost of maintenance.
(f)(i) Provisions for regular permittee inspections of all control measures in accordance with
the inspection schedule outlined on the approved Grading, Drainage, Stormwater
Management and Erosion Control Plan(s).
(j) Modifications to the plan shall be processed and approved or disapproved in the same manner
as a new application per the requirements of Section 2.4(NM).
(5)
stormwater from construction activity (MN R100001), if the area of disturbed land is equal to or
greater than one (1) acre. A Stormwater Pollution Prevention Plan must be prepared and must
meet the NPDES requirements and conforms to the SWPPP standards specified in the MPCA
NPDES construction general permit (Permit No: MN R10001), regarding construction-site
erosion and sediment control (CGP Part III.A-B).
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PROPOSED REVISION TO
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Title 11, and the Cityng Design Guidelines.
(E) Stormwater Management
Plan Required: The proposed provisions for stormwater runoff shall be documented in a stormwater
management plan including a narrative, prepared by a Minnesota licensed engineer to stating how the
proposed activity meets the requirements of the City of MonticelloEngineering Design
GuidelinesManual.
Minimum Standards For Runoff Water Management Plans: A runoff water management
plan shall include the following items:
(1)
(a) A map containing a delineation of the subwatershed contributing runoff from off site,
and proposed and existing subwatersheds on site. The delineation shall conform to the
nomenclature of the water resources management plan and shall indicate any
significant departures from the watershed delineation of the water resources
management plan.
Delineation of existing on site "wetlands", as defined in the wetland conservation act,
lakes, watercourses, shoreland, and/or floodplain areas.
(b)
For water bodies and channels, a listing of normal (runout) and calculated 10-year and
100-year elevations on site for both existing and proposed conditions.
(c)
Stormwater runoff volumes and rates for existing and proposed conditions.
(d)
All hydrologic and hydraulic computations completed to design the proposed
stormwater management facilities. Reservoir routing procedures and critical duration
runoff events shall be used for design of water storage areas and outlets.
(e)
A checklist of best management practices to demonstrate that, to the maximum extent
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practical, the plan has incorporated the structural and nonstructural best management
practices described in the book "Protecting Water Quality In Urban Areas", published
by the Minnesota pollution control agency or the applicable publications.
(f)
A grading plan identifying stormwater overflow routes along streets or drainage
easements designed to protect structures from damage due to:
(g)
Storms in excess of the design storm, or
i.
ii. Clogging, collapse or other failure of the primary drainage facilities.
An assessment of the potential for construction or contribution to regional detention
basins, as opposed to the construction of on-site stormwater basins. The water
resources management plan identifies potential regional stormwater basins for control
of rate and nutrient loading. The following criteria shall be used to determine whether
on site storage is required within the subdivision:
(h)
If the stormwater management plan indicates construction or enlargement of
a storage site or water quality storage in a wetland or other water body, the
facility or its equivalent shall be constructed to meet the goals of the water
resources management plan.
i.
If a proposed subdivision is indirectly tributary to a water body and
intervening regional detention storage is inadequate, in the opinion of city
staff, to meet the water quality goals for downstream water bodies as
described in the water resources management plan, additional on-site
stormwater basin construction will be required to meet these goals.
ii.
iii. If a proposed subdivision will increase rates of runoff and where
downstream stormwater storage or conveyance facilities are inadequate to
protect downstream riparian owners from effects of these increases, then on
site stormwater storage must be constructed to restrict stormwater rates to the
predevelopment rates.
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(2) Where on site water quality detention basins are required, the permittee(s) will have to comply
with the design and sizing requirements determined by the City Engineering
Guidelines.Design Manual
(3) Maintenance of Private Stormwater Management Facilities.
(a) No private Stormwater Management Facilities may be approved unless a maintenance
Engineering Design
StandardsManual. All such facilities shall be inspected annually, with reports
submitted to the Cityon file and available upon City request, and maintained in proper
condition consistent with the performance standards for which they were originally
designed.
Owners of private Stormwater Management Facilities shall enter intoprovide an
agreement withto the City describing responsibility for the long-term operation and
maintenance of the facilities.
(1) Easements: The applicant shall establish, in a form acceptable to the city, temporary and
perpetual easements, or dedicated outlots, for ponding, flowage, and drainage purposes
over hydrologic features such as water bodies and stormwater basins. The easements or
outlots shall include the right of reasonable access for inspection, monitoring,
maintenance, and enforcement purposes.
(4) Public Stormwater Management Facilities
Easements: The applicant shall establish, in a form acceptable to the city, temporary and
perpetual easements, or dedicated outlots, for ponding, flowage, and drainage purposes over
hydrologic features such as water bodies and stormwater basins. The easements or outlots
shall include the right of reasonable access for inspection, monitoring, maintenance, and
enforcement purposes
(D)(F) Construction Requirements
(1) Construction Specifications
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(a) Site Dewatering and Basin Draining: Water pumped from the site shall be treated by
temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones,
swirl concentrators or other appropriate controls as appropriate. Water shall not be discharged
in a manner that causes Erosion, scour, sedimentation or flooding of the site, receiving
channels or wetlands.
(a)(b) Plan Requirements and
Design GuidelinesManual.
(c) Tracking: All roads, access drives and parking areas must utilize a temporary tracking pad
and must be of sufficient width and length to prevent sediment from being tracked onto
public or private roadways and/or the stormwater conveyance system. Temporary tracking
pads must be installed and maintained in all locations on the site where vehicles enter and
exit.
(b)(d) Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted, except when in compliance with all provisions of this ordinance. Clearing
techniques that retain natural vegetation and drainage patterns shall be recommended as
necessary and used to the satisfaction of the Community Development Department.
(c)(e) Clearing, except that necessary to establish sediment control devices, shall not begin until
all sediment control devices have been installed and have been stabilized.
(f) Phasing may be required on all sites based on site specifics, with the size of each phase to be
established at plan review and as approved by the Community Development Department.
(g) Silt fence or equivalent sediment control measures to be used must conform to the City
standards.
(d) Silt fences or equivalent sediment control measures must be installed along the downslope
and sideslope perimeters and upgradient of any buffer zones from the approved grading and
construction limits before any up-gradient land-disturbing activities begin. Perimeter controls
should be located to maintain a buffer of existing vegetation during construction, as site
conditions allow, along the edges of any curbs, wetlands, channels or other water resources
that could receive sediment from the site. These controls shall remain in place until final
stabilization has been established.
(h)
(i) Sufficient silt fence or equivalent sediment control measures are required to hold all sheet
flow runoff generated at an individual site to minimize sediment from entering surface
waters, including curb and gutter systems and storm sewer systems. Additional measures
such as check dams, diversion, temporary or permanent sedimentation basins and drainage
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ditches are required to handle channelized flow. Additional upgradient sediment control
practices or redundant BMPs shall be installed if down gradient sediment controls are
overloaded (based on frequent failure or excessive maintenance requirement) (CGP Part
IV.C.1.a-b).
(j) All storm drain inlets must be protected during construction until all sources with potential
for discharging to the inlet have been stabilized (CGP Part IV.C.4).
(e)(k) Soil stabilization shall be completed initiated immediately to limit soil erosion but in no
case completed later than fourteen (14) days after construction activity in that portion of the
site has temporarily or permanently ceased, and seven (7) days if discharge points are located
within 1-mile of an impaired or special waterbody.within fourteen (14) days of clearing or
inactivity in construction.
(f)(l) Final stabilization on all sites shall become established within six (6) months. The City of
Monticello may require the site to be reseeded or a non-vegetative option employed.
(g)(m) Seeding shall be in accordance with the City's current seeding specification as detailed in
the Plan Requirements and Design GuidelinesManual. All seeded areas shall be fertilized,
mulched, and disc anchored as necessary for seed retention.
(h)(n) Special techniques that meet the design criteria outlined in Plan Requirements and Design
Guidelines Manual shall be in place on steep slopes or in drainage ways shall be used to
ensure stabilization.
(i)(o) Soil stockpiles which shall be inactive for a period of seven (7) or more days shall
include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent
to public rights-of-way or waterways is prohibited.
(j)(p) The entire site must be stabilized to a minimum of 70% coverage, using a heavy mulch
layer or another method that does not require germination to control erosion, at the close of
the construction season.
(k)(q) Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(r) Techniques that divert upland runoff past disturbed slopes shall be employed.
(s) For sites that have more than ten (10) acres of disturbed soil that drains to a common
location, one or more temporary sediment basins shall be constructed. Use of temporary
basins is encouraged when construction projects will impact steep slopes or when highly
erodible soils are present. The basin shall provide treatment to the runoff before it leaves the
construction site or enters surface waters. The temporary sediment basins must be designed
and constructed as follows:
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1. Provide live storage for a calculated volume of runoff from a two (2)-year, 24-hour storm
from each acre drained to the basin. All basins shall provide at least 1,800 cubic feet of
live storage from each acre drained or more.
2. For basins where the calculation from the previous requirement has not been performed, a
temporary sediment basin providing 3,600 cubic feet of live storage from each acre
drained to the basin.
3. The outlet structure must be designed to withdraw water from the surface in order to
minimize the discharge of pollutants.
4. The basin outlet shall be designed to prevent short-circuiting and the discharge of floating
debris.
5. Ensure the basin can be completely drawn down to conduct maintenance activities.
6. Include energy dissipation on the outlet of the basin and a stabilized emergency overflow
to prevent failure of pond integrity.
7. Be located outside of surface waters or any buffer zone, and be designed to avoid
draining water from wetlands unless appropriate approval from the U.S. Army Corps of
Engineers and the Minnesota Department of Natural Resources is obtained.
1.8. If installation of a temporary sediment basin is infeasible equivalent sediment controls
such as smaller sediment basins, and/or sediment traps, silt fences, vegetative buffer
strips, or any appropriate combination of measures are required for all down-slope
boundaries of the construction area and for side-slope boundaries where appropriate.
Determination of infeasibility shall be documented in the erosion and sediment control
plan.
(2) Waterway and Watercourse Protection Requirements
The Permittee(s) shall implement the following waterway and watercourse measures on the site:
(a) A temporary stream crossing installed and approved by the local government unit and
regulating agency if a wet watercourse will be crossed regularly during construction.
(b) Stabilization of the watercourse channel before, during, and within 24 hours after any in-
channel work.
(c) The normal wetted perimeter of any temporary or permanent drainage ditch or swale that
drains water from the site, or diverts water around a site must be stabilized within 24 hours of
connecting to a surface water and within 200 feet of the water
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drains to waters where the Minnesota Department of Natural Resources has promulgated
(b)(d) Portions of the ditch that are under construction must be stabilized within 24 hours after
the construction activity in that portion has ceased. The normal wetted perimeter is defined as
the area that is in contact with water during annual flow events.
(c)(e) All on-site stormwater conveyance channels designed according to the criteria outlined in
the Plan Requirements and Design Guidelines.
(d)(f) Stabilization adequate to prevent erosion located at the outlets of all pipes and paved
channels.
(3) Pollution Prevention Management Measures
The Permittee(s) shall implement the following pollution prevention management measures on
the site:
(a) Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper,
plastic, fabric, construction and demolition debris and other wastes must be disposed of
properly and must comply with MPCA disposal requirements.
(b) Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly
stored, including secondary containment, to prevent spills, leaks or other discharge.
Restricted access to storage areas must be provided to prevent vandalism. Storage and
disposal of hazardous waste must be in compliance with MPCA regulations.
(c) External washing of trucks and other construction vehicles must be limited to a defined area
of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is
allowed on site.
(d) Portable toilets must be positioned so that they are secure and will not be tipped or knocked
over. Sanitary waste must be disposed of properly in accordance with Minn. R. ch. 7041.
(e) Concrete and other washouts waste must have effective containment for all liquid and solid
wastes generated by these operations related to the construction activity. The liquid and solid
washout wastes must not contact the ground outside a proper containment area. Waste must
be disposed of properly and in compliance with MPCA rules, and a sign must be installed
adjacent to each washout facility.
(4) Special and Impaired Waters:
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(a) Additional BMPs together with enhanced runoff controls are required for discharge from a
site to special and impaired water as defined by Appendix A of the Minnesota Pollution
Control Agency General Stormwater Permit for Construction Activity.
The Permittee(s) shall implement the following pollution prevention management measures on
the site:
(a) Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper,
plastic, fabric, construction and demolition debris and other wastes must be disposed of
properly and must comply with MPCA disposal requirements.
(b) Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly
stored, including secondary containment, to prevent spills, leaks or other discharge.
Restricted access to storage areas must be provided to prevent vandalism. Storage and
disposal of hazardous waste must be in compliance with MPCA regulations.
(c) External washing of trucks and other construction vehicles must be limited to a defined area
of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is
allowed on site.
(E)(G) Inspection
(1) Notification
The Erosion Control Inspector shall make inspections as hereinafter required and either shall
approve that portion of the work completed or shall notify the permittee wherein the work fails to
comply with the Erosion and Sediment Control Plan as approved.
(2) Procedure
The City shall inspect all permit sites once per week and within 24 hours after a rain event greater
than 0.5 inches. The City shall also require inspections at other development benchmarks as
follows and as applicable. Inspections must be continued until final stabilization has occurred. To
obtain inspections, the permittee shall notify the City of Monticello at least one working day
before the following:
(a) Installation of sediment and erosion control measures;
(b) Start of construction or site development;
(c) Close of the construction season;
(d) Completion of final stabilization/landscaping;
(e) Removal of erosion control measures;
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(f) Final project compliance and acceptance close-out.
(3) Material Requirements
Seed tags shall be submitted to the Erosion Control Inspector for approval prior to commencing
work. Proof of application rates shall be provided.
(4) PermiteePermittee Inspection
The permittee or his/her agent shall also make regular inspections of all control measures in
accordance with the inspection schedule outlined on the approved Grading, Drainage and Erosion
Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of
the control plan and the need for additional control measures. All inspections shall be
documented in written form and submitted to the City of Monticello at the time interval specified
in the approved permit. The records of each inspection and maintenance activity shall include the
following information:
(a) Date and time of inspection;
(b) Name(s) of persons conducting the inspection;
(c) Findings of inspections, including recommendations for corrective actions;
(d) Corrective actions taken, including the dates, times and the name of the party completing the
corrective action;
(e) Date and the amount of rainfall events that are greater than 0.5 inch in a 24-hour period; and
(a)(f) Documentation of any changes made to the Stormwater Pollution Prevention Plan.
(5) Authorization
A member of the Community Development Department shall enter the property of the applicant
as deemed necessary to make regular inspections to ensure the validity of the reports filed under
Section 4.9(E)(4).
(F)(H) Site Maintenance
(1) Responsibilities
(a) Within 24 hours, the permittee shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns.
Prior to any construction in the plat, the Developer shall provide the Community
Development Department with a schedule for erosion and sediment control inspection, street
cleaning, and street sweeping.
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(b) All silt fences and biorolls must be repaired, replaced or supplemented when they become
nonfunctional or the sediment reached one-half (1/2) of the height of the fence or bioroll.
Repairs shall be made within 24 hours of discovery or as soon as field conditions allow
access.
(c) Temporary and permanent sedimentation basins must be drained and the sediment must be
removed when the depth of the sediment collected in the basing reached one-half (1/2) the
storage volume. Drainage and removal must be completed within 72 hours of discovery or as
soon as filed conditions allow access.
(a)(d) The applicant shall remove all deltas and sediment deposited in the surface waters,
including drainage ways, catch basins, and other drainage systems and must restabilize the
areas where sediment removal results in exposed soil. The removal and stabilization must
take place within seven (7) days of discovery unless precluded by legal, regulatory or
physical access constraints. In the event of an access constraint, the applicant shall use all
reasonable efforts to obtain access. If the access is precluded, removal and stabilization must
take place within seven (7) calendar days of obtaining access. The applicant is responsible for
contacting all local, regional, state and federal authorities and obtaining any required permits
prior to conducting any work.
(b)(e) No development, utility or street construction will be allowed and no Building Permits
will be issued unless the development is in full compliance with the requirements of this
Ordinance.
(I) Final Stabilization
The Permittee(s) must ensure Final Stabilization of the site after the completion of construction
activities and prior to the termination of the permit. Final Stabilization is not complete until all
requirement in accordance to the definition in Section (B) are complete that are intended to prevent
discharge of pollutants associated with stormwater discharges from the project
Final stabilization is not complete until the following requirements are met:
All soil disturbing activities at the site are complete and soils are stabilized by uniform
perennial vegetative cover with a density of 70 percent of it expected final growth density or
other equivalent means necessary to prevent soil failure under erosive conditions;
Permanent stormwater management systems are constructed and operating according to the
original design;
Temporary or permanent sedimentation basins used for permanent water quality management
basins have been cleaned of any accumulated sediment;
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All sediment has been removed from conveyance systems and ditches are stabilized with
permanent cover;
All temporary erosion and sediment controls, tree protection fencing and construction limit
fencing have been removed;
For residential construction projects individual lots are considered finally stabilized when
structures are finished, temporary erosion protection and downgradient perimeter control has
been completed and the residence is sold to the homeowner; and
i. For construction projects on agricultural land (e.g. pipelines across crop, field pasture or
range land) the disturbed land has been returned to its preconstruction agricultural use.
(G)(J) Certification
(1) Approved Grading, Drainage, Stormwater Management and Erosion Control Plan
(a) Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the
Community Development Department, as applicable, shall be maintained at the site during
the progress of the work.
(b) The Stormwater Pollution Prevention Plan (SWPPP) must:
1. Ensure the SWPPP is prepared by an individual trained in the design of construction
SWPPPs in accordance with the MPCA NPDES construction general permit training
requirements (CGP Part III.A.3);
2. Ensure at least one individual is present or available to the project site within 72 hours is
trained in the job duties for construction site management to inspect, oversee
implementation of, revising and amending the SWPPP (CGP Part III.F.b);
3. Ensure at least one individual is present or available to the project site within 72 hours is
trained in the job duties for construction installation to perform or supervise the
installation, maintenance and repair of Best Management Practices (BMPs) (CGP Part
III.F.c);
1.4. Document the name(s) of the trained personnel to design the construction SWPPP, the
construction site manager and the construction installer. Documentation shall include the
date of training, name of instructor(s), name of entity providing the training, content
covered and hours of training attended (CGP Part III.A.3).
(2) As-built Grading Plan and Development Plan
Within thirty (30) days after completion of site development as per the approved Grading,
Drainage and Erosion Plan, and prior to the approval of individual building permits, the
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Developer shall provide the City with an As Built Grading Plan and Development Plan as defined
in the City of Monticello Plan Requirements and Design Guidelines.
(3) Procedure
The City will withhold issuance of building permits until the approved certified As-Built Grading
Plan and As-Built Development Plan are on file with the City, all securities as required by this
ordinance are received, conservation easement posts are installed, and all erosion control
measures are in place as determined by the Community Development Department.
(4) Removal of Erosion Control Measures
The above specified requirements will be authorized for removal upon the sodding of the rear
yards, completion of punch list items involving ponds and slopes, final stabilization, completion
of proper turf establishment and placement of the proper conservation easement posts and signs
as specified. Inspection is required after the removal of erosion control measures to verify proper
restoration. Please refer to City of Monticello Plan Requirements and Design Guidelines
Manual for specifications.
(5) Notice of Termination (NOT)
The applicant must ensure final stabilization of the project. The applicant must submit a NOT
within 30 days of final stabilization being achieved, or another party assuming control on all areas
of the project that have not achieved final stabilization.
The above specified requirements will be authorized for removal upon the sodding of the rear
yards, completion of punch list items involving ponds and slopes, final stabilization, completion
of proper turf establishment and placement of the proper conservation easement posts and signs
as specified. Inspection is required after the removal of erosion control measures to verify proper
restoration. Please refer to City of Monticello Plan Requirements and Design Guidelines for
specifications.
(H)(K) Enforcement
(1) Notice of Violation
If the Grading permittee fails to meet or maintain sediment and erosion control measures per the
Approved Grading, Drainage, Stormwater Management and Erosion Control Plan, the City shall
issue a Notice of Violation. The Notice of Violation shall detail the default and prescribe a
remedy and required schedule for compliance.
(2) Lapse and Order for Work
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(a) If the Grading permittee fails to meet or maintain sediment and erosion control measures per
the Approved Grading, Drainage, Stormwater Management and Erosion Control Plan, the
City may, in its discretion, perform the work or contract to have the work completed and
draw down on the security to pay any costs.
(b) The City will endeavor to notify the Developer in advance of any proposed action, but failure
of the City to do so will not affect the Developer's and City's rights or obligations hereunder.
(3) Stop Work Order / Revocation of Grading Permit
In the event that any person holding a Grading Permit pursuant to this ordinance violates the
terms of the permit or implements site development in such a manner as to materially adversely
affect the health, welfare, environment, or safety of persons residing or working in the
neighborhood or development site so as to be materially detrimental to the public welfare or
injurious to property or improvements in the neighborhood, the City of Monticello may suspend
or revoke the Grading Permit through the issuance of a stop work order or the revocation of the
Grading or Building Permit.
(4) Violation and Penalties
(a) No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill,
or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any
person violating any of the provisions of this ordinance shall be deemed guilty of a
misdemeanor and each day during which any violation of any of the provisions of this
ordinance is committed, continued, or permitted, shall constitute a separate offense.
(b) Upon conviction of any such violation, such person, partnership, or corporation shall be
punished by a fine as specified by the City ordinance for fee schedule for each offense. In
addition to any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this ordinance shall be required to
bear the expense of such restoration.
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Chapter 5
Design Standards
11-5-1: BLOCKS:
a) BLOCK LENGTH: In general, intersecting streets determining block lengths shall be
provided at such intervals as to serve cross-traffic adequately and to meet existing streets.
Where no existing plats control, the block in residential subdivisions shall normally not
exceed thirteen hundred twenty (1,320) feet in length, except where topography or other
conditions justify a departure from this maximum. In blocks longer than eight hundred
(800) feet, pedestrian ways and/or easements through the block may be required near the
center of the block. Blocks for business or industrial use should normally not exceed
thirteen hundred twenty (1,320) feet in length.
b) BLOCK WIDTH: The width of the block shall normally be sufficient to allow two (2)
tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be
of such width as to be considered most suitable for their respective use, including
adequate space for off-street parking and deliveries.
11-5-2: LOTS:
a) The minimum lot area, width, and depth shall not be less than that established by the
zoning ordinance in effect at the time of adoption of the final plat.
b) Corner lots for residential use shall have additional width to permit appropriate building
setback from both streets as required in the zoning ordinance.
c) Side lines of lots shall be approximately at right angles to street lines or radial to curved
street lines.
d) Every lot must have the minimum frontage as required in the zoning ordinance on a City-
approved street other than an alley.
e) Setback or building lines shall be shown on all lots intended for residential use and shall
not be less than the setback required by the Monticello Zoning Ordinance. On those lots
which are intended for business use, the setback shall be at least that required by the
Monticello Zoning Ordinance.
f) Lots which have frontage on local streets, but which back onto major streets shall include
additional depth to accommodate planting of trees or other vegetation that helps define
and screen the neighborhood from the major street.
11-5-3: STREETS AND ALLEYS:
a) Except for permanent cul-de-sacs, streets normally shall connect with streets already
dedicated in adjoining or adjacent subdivisions, or provided for future connections to
adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest
subdivided tracts. The arrangement of thoroughfares and collector streets shall be
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considered in their relation to the reasonable circulation of traffic, to topographic
conditions, to run-off of stormwater, to public convenience and safety, and in their
appropriate relation to the proposed uses of the area to be served.
b) Minor streets should be so planned as to discourage their use by non-local traffic. Dead-
end streets are prohibited, but cul-de-sacs will be permitted only where topography or
other conditions justify their use. Cul-de-sacs shall normally not be longer than six
hundred (600) feet in length including the terminal turn-around which shall be provided
at the closed end, with an outside curb radius of at least forty-five (45) feet and a right-of-
way radius of not less than sixty (60) feet.
c) Where the plat to be submitted includes only part of the tract owned or intended for
development by the subdivider, a tentative plan of a proposed future street system for the
unsubdivided portion shall be prepared and submitted by the subdivider.
d) When a tract is subdivided into larger than normal building lots or parcels, such lots or
parcels shall be so arranged as to permit the logical location and openings of future
streets and appropriate resubdivision with provision for adequate utility connections for
such resubdivision.
e) Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at
right angles except where topography or other conditions justify variations. Under
normal conditions, the minimum angle of intersection of streets shall be sixty (60)
degrees. Street intersection jogs with an offset of less than one hundred twenty-five
(125) feet shall be avoided.
f) Wherever the proposed subdivision contains or is adjacent to the right-of-way of a U.S.
or state highway or thoroughfare, provision may be made for a marginal access street
approximately parallel and adjacent to the boundary of such right-of-way, or for a street
at a distance suitable for the appropriate use of land between such street and right-of-way.
Such distance shall be determined with due consideration of the minimum distance
required for approach connection to future grade separations or for lot depths.
g) Alleys shall be provided in commercial and industrial districts, except that this
requirement may be waived where other definite and assured provision is made for
service access such as off-street loading, unloading, and parking consistent with and
adequate for the uses proposed. Except where justified by special conditions such as the
continuation of an existing alley in the same block, alleys will not be approved in
residential districts. Dead-end alleys shall be avoided wherever possible; but if
unavoidable, such dead-end alleys may be approved if adequate turn-around facilities are
provided at the closed end.
h) Dedication of half streets will not be approved except where it is essential to the
reasonable development of the subdivision and in conformity with the other requirements
of these regulations, where it is found that it will be practical to require the dedication of
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the other half when the adjoining property is subdivided, or where it becomes necessary
to acquire the remaining half by condemnation so that it may be improved in the public
interest.
i) For all public ways hereafter dedicated and/or accepted, the minimum right-of-way and
paved width for streets, thoroughfares, alleys, or pedestrian ways included in any
subdivision shall not be less than the minimum dimensions for each classification as
follows:
PAVED
RIGHT-OF-WAY
(face to face of curb)
Arterial Street 100 feet 52 feet
Collector Street 70 feet 44 feet
Minor Street 60 feet 36 feet
Cul-de-sac or Marginal
60 feet 32 feet
Access Service Streets
Alley 30 feet 20 feet
Pedestrian Way 10 feet N/A
Private Common Access* 30 feet 20 feet
Alleys in Industrial or
24 feet 20 feet
Commercial Areas
One-way Alleys, Residential 16 feet 12 feet
Two-way Alleys, Residential 20 feet 16 feet
* The City Council may choose to approve private common access for P.U.D.,
townhouse development, etc., where appropriate. Standards for said access, however,
shall comply with minimums as outlined for minor streets (except ROW) and all other
provisions as required by the City Council.
Where the existing or anticipated traffic on primary and secondary thoroughfares
warrants greater widths of rights-of-way, these shall be required.
j) STREET GRADES: Except when, upon the recommendation of the City Engineer, the
topography does warrant a greater maximum, the grades on all thoroughfares shall not be
greater than six (6) percent, and the grade on all other streets and alleys in any
subdivision shall not be greater than eight (8) percent. In addition, there shall be a
minimum grade on all streets and thoroughfares of not less than five-tenths (.5) percent.
k) STREET ALIGNMENT: The horizontal and vertical alignment standards on all streets
shall be as follows:
1. Horizontal Radii of center line:
Arterial Street 150 feet minimum
Collector Street or Minor Street 50 feet minimum
2. Vertical Minimum sight distance:
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Arterial Street 500 feet minimum
Collector Street or Minor Street 300 feet minimum
Cul-De-Sacs 100 feet minimum
l) CURB RADIUS: The minimum curb radii for thoroughfares, collector streets, minor
streets, and alleys shall be as follows:
Arterial Street 35 feet
Collector and Minor Streets and Alleys 12 feet
Collector and Minor Streets 15 feet
Alleys (Residential) 5 feet
Alleys (Commercial) 15 feet
m) SUBDIVISION ENTRANCE MONUMENTS: Subdivision Entrance Monuments shall
only be allowed in conformance with Title 10, Section 10-3 of the Monticello Zoning
Ordinance, and shall be required to meet the following standards:
1. No such Entrance Monument may be located within the public right of way of any
street.
2. Entrance Monuments shall be permitted only where an association of
homeowners has been established with the legal and financial responsibility for
maintenance of the monument.
3. In the event that the monument becomes a nuisance, either through lack of
maintenance or other event, or becomes a hazard to traffic, the City may remove
said monument at the expense of the property owner on whose property the
monument is located, or at the expense of the association if appropriate or both.
11-5-4: EASEMENTS:
a) An easement for utilities and drainage of at least six (6) feet wide shall be provided along
each side line of each lot and an easement of twelve (12) feet wide shall be provided
along the front and rear line of each lot. If necessary for the extension of water main or
sewer lines or similar utilities, easements of greater width may be required along lot lines
or across lots.
b) Utility easements shall connect with easements established in adjoining properties. These
easements, when approved, shall not thereafter be changed without the approval of the
City Council by ordinance after a recommendation from the Planning Commission.
c) Additional easements for pole guys should be provided at the outside of turns. Where
possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall
alongside lot lines.
11-5-5: EROSION AND SEDIMENT CONTROL:
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a) Engineering Design
Guidelines :as well as Chapter 4 of the the zoning codeZoning
Ordinance.
a)b) The development shall conform to the natural limitations presented by topography
and soil so as to create the least potential for soil erosion.
b)c) Erosion and siltation control measures shall be coordinated with the different
stages of construction. Appropriate control measures shall be installed prior to
development when necessary to control erosion.
c)d) Land shall be developed in increments of workable size such that adequate
erosion and siltation controls can be provided as construction progresses. The smallest
practical area of land shall be exposed at any one period of time.
e) When soil is exposed, the exposure shall be for the shortest feasible period of time.
d)f)In the event that permanent stabilization cannot be feasibly obtained within fourteen (14)
days after construction activity in that portion of the site has temporarily or permanently
ceased, and seven (7) days if discharge points are located within 1-mile of an impaired or
special waterbody, temporary soil stabilization BMPs must be implemented within the
timeframe.
e)g) Where the topsoil is removed, sufficient arable soil shall be set aside for
respreading over the developed area. The soil shall be restored to a depth of four (4)
inches and shall be of a quality at least equal to the soil quality prior to development.
11-5-6: DRAINAGE:
a) Where municipal storm sewer systems do not exist or the introduction of said system is
deemed inappropriate by the City Council, storm water drainage shall be discharged to
marshlands, swamps, retention basins, or other treatment facilities. Diversion of storm
water to marshlands or swamps shall be considered for existing or planned surface
drainage and be pretreated prior to being discharged. Pretreatment shall be considered
satisfactory if the project meets the water quality requirements of the City of Monticello
Design Guidelines Marshlands and swamps used for storm water shall provide for
natural or artificial water level control.
b) No existing ditch, stream, drain, pond, or drainage canal shall be deepened, widened,
rerouted, or filled without permission from the City Council.
c) Where artificial channels must be constructed to augment the natural drainage system,
such channels as well as the natural drainage ways may be planned as part of a recreation
system.
d) The drainage system shall be constructed and operational during the initial phases of
construction.
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e) In addition to their stormwater control function, ponds or other natural drainage systems
shall be designed so as to provide an aesthetic amenity to the neighborhood(s) it serves.
Where practical, ponds should be located with street frontage to provide public views,
and allow the area to take advantage of the visual benefits of the water or open space.
Generally, ponds that are tucked behind lots shall not be considered to be acceptable
design.
11-5-7: STEEP SLOPES: Subdivision design shall be consistent with limitations presented by
steep slopes. Subdivisions shall be designed so that no construction or grading will be conducted
on slopes steeper than eighteen (18) percent in grade.
11-5-8: WETLAND SYSTEMS: Where the subdivision of a lot or tract of land contains
drainageways, watercourses, floodable areas, or wetlands and thus may be unsuitable for
development, such areas shall be handled as follows:
a) If said land is designated in whole or in part as park, open space, or other public use on
an adopted plan of the City, the developer shall dedicate said land to the City in
accordance with Chapter 6 of this ordinance.
b) If said land is not designated as a park, parkway, or other public use on an official plan,
then the developer shall cause said land to be carried in a private easement in the
individual deeds affected thereby, and no permit shall be issued for a building permit.
c) The developer may submit a proposal for development indicating how, through site and
engineering design, the intent of this ordinance will not be violated if approved. In
addition, the developer shall provide a surety bond to the approving City to insure that
such will be done at a specific time if approved.
If Option (C) is chosen, any development or platting shall comply with the Monticello
Zoning Ordinance and/or Wright County Shoreland Regulations.
11-5-9: OPEN SPACE AND LANDSCAPING:
a) Every subdivision shall include a landscape plan that identifies areas of public value,
including significant views, natural vegetation, or watercourses, even where said features
may be located upon private lots. The landscape plan shall provide for the addition of
trees, shrubs, and groundcovers or grasses that achieve the following objectives:
1. Establish naturalized woodland areas in large spaces.
2. Establish naturalized areas around stormwater ponds.
3. Establish naturalized woodland areas at the edges of subdivisions, particularly in
areas of land use changes or where the subdivision abuts a major roadway, utility
line, or railroad.
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b) The landscaping plan shall be accompanied by a reliable estimate of installation costs.
The subdivider shall provide a financial security that guarantees live growth of the plant
materials for a two (2) year period from the date of installation. In the event the plant
materials under this plan must be replaced due to death, disease, or other reason, said
financial security shall be extended to cover an additional two (2) years from the date of
replacement.
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Chapter 10
Illicit Discharge Detection and Elimination Ordinance
7-10-1: STATUTORY AUTHORIZATION, PURPOSE AND INTENT: The purpose of this
ordinance is provide for the health, safety, and general welfare of the citizens of Monticello
through the regulation of non-stormwater discharges to the storm drainage system to the
maximum extent practicable as required by federal and state law. This ordinance establishes
methods for controlling the introduction of pollutants into the municipal separate storm sewer
system (MS4) in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this ordinance are:
a) To regulate the contribution of pollutants to the municipal separate storm sewer system
(MS4) by stormwater discharges by any user.
b) To prohibit illicit connections and discharges to the municipal separate storm sewer
system, and
c) To establish legal authority to carry out all inspection, surveillance, enforcement, and
monitoring procedures necessary to ensure compliance with this ordinance.
c)d) This Section is adopted pursuant to the authorization and policies contained in
Minnesota Statutes Chapters 103B and 462; Minnesota Rules, Parts 6120.2500-
6120.3900, Minnesota Rules Chapters 8410, 8420 and 70510.0210.
7-10-2: DEFINITIONS: For the purpose of this chapter, certain words and terms are defined as
follows:
Accidental Discharge: means a discharge prohibited by this ordinance and without planning
or thought prior to occurrence.
Authorized Enforcement Agency: employees or designees of the City of Monticello
designated to enforce this ordinance.
Best Management Practices (BMPs): schedules of activities, prohibitions of practices,
general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance
systems. BMPs also include treatment practices, operating procedures, and practices to
control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials
storage.
Clean Water Act: the Federal Water Pollution Control Act (33 U.S. C. § 1251 et seq.), and
any subsequent amendments thereto.
Construction Activity: Activities subject to the NDPES Construction Permits. Currently
these include construction projects resulting in land disturbance of 1 acre or more. Such
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activities include but are not limited to clearing and grubbing, grading, excavating, and
demolition.
Hazardous Materials: Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present or potential
hazard to human health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Illicit Discharge: Any direct or indirect non-stormwater discharge to the storm drain system,
except as exempted in Section 7 of this ordinance.
Illicit Connections: An illicit connection is defined as either of the following:
a) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal
discharge including sewage, process wastewater, and wash water to enter the storm drain
system, including any connections to the storm drain system from indoor drains and
sinks, regardless of whether said drain or connection had been previously allowed,
permitted, or approved by an authorized enforcement agency or,
b) Any drain or conveyance connected from a commercial or industrial land use to the storm
drain system which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
Industrial Activity: Activities subject to NDPES Industrial Permits as defined in 40 CFR,
Section 122.26 (b) (14).
Municipal Separate Storm Sewer System (MS4): A stormwater conveyance or unified
stormwater conveyance system (including without limitation: roads with drainage systems,
municipal streets, catch basins, stormwater detention facilities, curbs, gutters, ditches, natural
or man-made Channels, or storm drains), that:
a) Is located within the corporate limits of Monticello, MN.
b) Is owned or operated by the State, County, the City, or other public body.
c) Discharges to Waters of the State and/or United States, excluding publicly owned
treatment works, and lawful connections thereto, which in turn discharge into the Waters
of the State and/or United States.
National Pollution Discharge Elimination System (Npdes) Permit: Any permit or
requirement enforced pursuant to the clean water act as amended for the purposes of
regulating stormwater discharge.
Non-Stormwater Discharge: Any discharge to the storm drain system that is not composed
entirely of stormwater.
Person: means any individual, association, organization, partnership, firm, corporation or
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Pollutant: Anything which causes or contributes to pollution. Pollutants may include, but are
not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, ordinances, and accumulations, so that same may cause or contribute to
pollution; floatables, pesticides, herbicides; hazardous substances and wastes; sewage, fecal
coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues
that result from constructing a building or structure; and noxious or offensive matter of any
kind.
Pollution: Man-made or man-induced alteration of the chemical, physical, biological,
thermal, and/or radiological integrity of water.
Premises: Any buildings, lot, parcel of land or portion or land whether improved or
unimproved including adjacent sidewalks and parking strips.
Storm Drainage System: Publicly-owned facilities by which stormwater is collected and/or
conveyed, including but not limited to any roads with drainage systems, municipal streets,
gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and human-made or altered drainage channels, reservoirs, and other drainage
structures.
Stormwater: Any surface flow, runoff, and drainage consisting entirely of water from any
form of natural precipitation, and resulting from such precipitation.
Stormwater Pollution Prevention Plan (SWPPP): A document which describes the Best
Management Practices and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant
discharges and/or Receiving Waters to the Maximum Extent Practicable.
Wastewater: Any water or other liquid, other than uncontaminated stormwater, discharged
from a facility.
Waters of The State and/or United States: All water bodies regulated by the State and/or
United States including streams, lakes, ponds, wetlands, marshes, waterways, wells, springs,
reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or
accumulations or water, surface or underground, natural or artificial, public or private, which
are contained within, flow through, or border upon the state of Minnesota or any portion
thereof, or which may be susceptible to use in interstate or foreign commerce.
7-10-3: APPLICABILITY: This ordinance shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly exempted by an
authorized enforcement agency.
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7-10-4: RESPONSIBILTY FOR ADMINSTRATION: The City of Monticello shall administer,
implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed
upon the authorized enforcement agency may be delegated in writing by the Director of the
authorized enforcement agency to persons or entities acting in the beneficial interest of or in the
employ of the agency.
7-10-5: SEVERABILITY: The provisions of this ordinance are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any
person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the
other provisions or applications of this ordinance.
7-10-6: ULTIMATE RESPONSIBILITY: The standards set forth herein and promulgated
pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor
imply that compliance by any person will ensure that there will be no contamination, pollution,
nor unauthorized discharge of pollutants.
7-10-7: PROHIBITIONS:
a) Prohibition of Illicit Discharges:
1. No person shall discharge or cause to be discharged into the municipal storm
drain system or watercourses any materials, including but not limited to pollutants
or waters containing any pollutants that cause or contribute to a violation of
applicable water quality standards, other than stormwater.
2. The commencement or continuance of any illicit discharge to the storm drain
system is prohibited except as described as follows:
i. The following discharges are exempt from discharge prohibitions
established by this ordinance: water line flushing or other potable water
sources, landscape irrigation or lawn watering, diverted stream flows,
rising ground water, ground water infiltration to storm drains,
uncontaminated pumped ground water, foundation or footing drains (not
including active groundwater dewatering systems), crawl space pumps, air
conditioning condensation, springs, non-commercial washing of vehicles,
natural riparian habitat or wet-land flows, swimming pools (if chlorinated
typically less than one PPM chlorine), firefighting activities, and any
other water source not containing pollutants.
ii. Discharges specified in writing by the authorized enforcement agency as
being necessary to protect public health and safety.
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iii. Dye testing is an allowable discharge, but requires a verbal notification to
the authorized enforcement agency prior to the time of the test.
iv. The prohibition shall not apply to any non-stormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to the
discharger and administered under the authority of the Federal
Environmental Protection Agency, provided that the discharger is in full
compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has
been granted for any discharge to the storm drain system.
b) Prohibition of Illicit Connections:
1. The construction, use, maintenance or continued existence of illicit connections to
the storm drain system is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made in
the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
3. A person is considered to be in violation of this ordinance if the person connects a
line conveying sewage to the MS4, or allows such a connection to continue.
7-10-8: SUSPENSION OF MS4 ACCESS:
a) Emergency Cease and Desist Orders: When the City of Monticello finds that any person
has violated, or continues to violate, any provision of this ordinance, or any order issued
violation(s) has (have) caused or contributed to an actual or threatened discharge to the
MS4 or waters of the United States which reasonably appears to present an imminent or
substantial endangerment to the health or welfare of persons or to the environment, the
City may issue an order to the violator directing it immediately to cease and desist all
such violations and directing the violator to:
1. Immediately comply with all ordinance requirements; and
2. Take such appropriate preventive action as may be needed to properly address a
continuing or threatened violation, including immediately halting operations
and/or terminating the discharge.
Any person notified of an emergency order directed to it under this Subsection shall
immediately comply and stop or eliminate its endangering discharge. In the event of a
City may take such steps as deemed necessary to prevent or minimize harm to the MS4 or
waters of the United States, and/or endangerment to persons or to the environment,
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municipal utility services. The City of Monticello may allow the person to recommence
its discharge when it has demonstrated to the satisfaction of the authorized enforcement
agency that the period of endangerment has passed, unless further termination
proceedings are initiated against the discharger under this ordinance. A person that is
responsible, in whole or in part, for any discharge presenting imminent endangerment
shall submit a detailed written statement, describing the causes of the harmful discharge
and the measures taken to prevent any future occurrence, to the authorized enforcement
agency within 7 days of receipt of the emergency order. Issuance of an emergency cease
and desist order shall not be a bar against, or a prerequisite for, taking any other action
against the violator.
a)b) Suspension due Due to Illicit Discharges in Emergency Situations: The City of
Monticello may, without prior notice, suspend MS4 discharge access to a person when
such suspension is necessary to stop an actual or threatened discharge which presents or
may present imminent and substantial danger to the environment, or to the health or
welfare of persons, or to the MS4 or Waters of the State and/or United States. If the
violator fails to comply with a suspension order issued in an emergency, the authorized
enforcement agency may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or Waters of the State and/or United States, or to minimize danger to
persons.
b)c) Suspension due Due to Detection of Illicit Discharges:
1. Any person discharging to the MS4 in violation of this ordinance may have their
MS4 access terminated if such termination would abate or reduce an illicit
discharge. The authorized enforcement agency will notify a violator of the
proposed termination of its MS4 access. The violator may petition the authorized
enforcement agency for a reconsideration and hearing.
2. A person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this Section, without the prior approval of the authorized
enforcement agency.
7-10-9: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES: Any person
subject to an industrial or construction activity NPDES stormwater discharge permit shall
comply with all provisions of such permit. Proof of compliance with said permit may be
required in a form acceptable to the City of Monticello prior to the allowing of discharges to the
MS4.
7-10-10: MONITORING OF DISCHARGES
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a) Applicability: This section applies to all facilities that have stormwater discharges
associated with industrial activity, including and construction activity.
b) Access to Facilities:
1. The City of Monticello shall be permitted to enter and inspect facilities subject to
regulation under this ordinance as often as may be necessary to determine
compliance with this ordinance. If a discharger has security measures in force
which require proper identification and clearance before entry into its premises,
the discharger shall make the necessary arrangements to allow access to
representatives of the authorized enforcement agency.
2. Facility operators shall allow the City of Monticello ready access to all parts of
the premises for the purposes of inspection, sampling, examination, and copying
of records that must be kept under the conditions of an NPDES permit to
discharge stormwater, and the performance of any additional duties as defined by
state and federal law.
3. The City of Monticello shall have the right to set up on any permitted facility such
devices as are necessary in the opinion of the authorized enforcement agency to
conduct stormwater discharge.
4. The City of Monticello has the right to require the discharger to install monitoring
equipment as necessary.
be maintained at all times in a safe and proper operating condition by the
discharger at its own expense. All devices used to measure stormwater flow and
quality shall be calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the facility to
be inspected and/or sampled shall be promptly removed by the operator at the
written or oral request of the City of Monticello and shall not be replaced. The
costs of clearing such access shall be borne by the operator.
6. Unreasonable delays in allowing the City of Monticello access to a permitted
facility is a violation of a stormwater discharge permit and of this ordinance. A
person who is the operator of a facility with a NPDES permit to discharge
stormwater associated with industrial activity commits an offense if the person
denies the authorized enforcement agency reasonable access to the permitted
facility for the purpose of conducting any activity authorized or required by this
ordinance.
7. If the City of Monticello has been refused access to any part of the premises from
which stormwater is discharged, and he/she is able to demonstrate probable cause
to believe that there may be a violation of this ordinance, or that there is a need to
inspect and/or sample as part of a routine inspection and sampling program
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designed to verify compliance with this ordinance or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the community, then
the authorized enforcement agency may seek issuance of a search warrant from
any court of competent jurisdiction.
7-10-11: REQUIREMENTS TO PREVENT, CONTROL, AND REDUCE STORMWATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES: The City of
Monticello will adopt requirements identifying Best Management Practices for any activity,
operation, or facility which may cause or contribute to pollution or contamination of stormwater,
the storm drain system, or waters of the State and/or United States. The owner or operator of a
commercial or industrial establishment shall provide, at their own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes into the municipal storm drain
system or watercourses through the use of these structural and non-structural BMPs. Further,
any person responsible for a property or premise, which is, or may be, the source of an illicit
-
structural BMPs to prevent the further discharge of pollutants to the municipal separate storm
sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing
the discharge of stormwater associated with industrial activity, to the extent practicable, shall be
deemed compliance with the provisions of this section. These BMPs shall be part of a
stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements
of the NPDES permit.
7-10-12: WATERCOURSE PROTECTION: Every person owning property through which a
, shall keep and maintain that part of the watercourse
within the property free of trash, debris, excessive vegetation, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned structures within or
adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or
physical integrity of the watercourse.
7-10-13: NOTIFICATION OF SPILLS: Notwithstanding other requirements of law, as soon as
any person responsible for a facility or operation, or responsible for emergency response for a
facility or operation has information of any known or suspected release of materials which are
resulting or may result in illicit discharges or pollutants discharging into stormwater, the storm
drain system, or water of the State and/or United States said person shall take all necessary steps
to ensure the discovery, containment, and cleanup of such release. In the event of such a release
of hazardous materials said person shall immediately notify emergency response agencies of the
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occurrence via emergency dispatch services. In the event of a release of non-hazardous
materials, said person shall notify the authorized enforcement agency in person or by phone or
facsimile no later than the next business day. Notifications in person or by phone shall be
confirmed by written notice addressed and mailed to the Public Works Director, City of
Monticello within three business days of the phone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment, the owner or operator of such
establishment shall also retain an on-site written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least three years.
7-10-14: ENFORCEMENT:
a) Warning Notice: When the City of Monticello finds that any person has violated, or
continues to violate, any provision of this ordinance or any order issued hereunder, the
City may serve upon that person or business a written Warning Notice, specifying the
particular violation believed to have occurred and requesting the discharger to
immediately investigate the matter and to seek a resolution whereby any offending
discharge will cease. Investigation and/or resolution of the matter in response to the
Warning Notice in no way relieves the alleged violator of liability for any violations
occurring before or after receipt of the Warning Notice. Nothing in this subsection shall
limit the authority of the city staff to take any action, including emergency action or any
other enforcement action, without first issuing a Warning Notice.
b) Notice of Violation: Whenever the City of Monticello finds a person has violated a
prohibition or failed to meet a requirement of this Ordinance, the authorized enforcement
agency may order compliance by written notice of violation to the responsible person.
The Notice of Violation shall contain:
1. The name and address of the alleged violator;
2. The address when available or a description of the building, structure or land upon
which the violation is occurring, or has occurred;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to restore compliance with this
ordinance and a time schedule for the completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed against the
person to whom the notice of violation is directed;
6. A statement that the determination of violation may be appealed to the City of
Monticello by filing a written notice of appeal within 30 days of service of notice
of violation; and
7. A statement specifying that, should the violator fail to restore compliance within
the established time schedule, the work will be done by a designated
City Ordinances
City of Monticello, MN
WSB Project No. 2092-40 Page 9
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governmental agency or a contractor and the expense thereof shall be charged to
the violator.
Such notice may require without limitation:
1. Monitoring, analyses, and reporting;
2. Elimination of illicit connections or discharges;
3. Abatement of pollution and hazards;
4. Restoration of affected property;
5. Payment of fine to cover administrative and remediation costs;
6. Implementation of source control or treatment BMPs; and
7. Other actions as deemed necessary by the City.\\
b)c) If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must be
completed. Said notice shall further advise that, should the violator fail to remediate or
restore within the established deadline, the work will be done by a designated
governmental agency or a contractor and the expense thereof shall be charged to the
violator.
7-10-15: APPEAL OF NOTICE OF VIOLATION: Any person receiving a Notice of Violation
may appeal the determination of the authorized enforcement agency. The notice of appeal must
be received within 14 calendar days from the date of the Notice of Violation. Hearing on the
appeal before the appropriate authority or his/her designee shall take place within 30 calendar
days from the date of receipt of the notice of appeal. The decision of the municipal authority or
their designee shall be final.
7-10-16: ENFORCEMENT MEASURES AFTER APPEAL: If the violation has not been
corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an
appeal, within 7 calendar days of the decision of the municipal authority upholding the decision
of the authorized enforcement agency, then representatives of the authorized enforcement agency
shall enter upon the subject private property and are authorized to take any and all measures
necessary to abate the violation and/or restore the property. It shall be unlawful for any person,
owner, agent, or person in possession of any premises to refuse to allow the government agency
or designated contractor to enter upon the premises for the purposes set forth above.
7-10-17: COST OF ABATEMENT OF THE VIOLATION: Within 30 calendar days after
abatement of the violation, the owner of the property will be notified of the cost of abatement,
including administrative costs. The property owner may file a written protest objecting to the
amount of the assessment within 30 calendar days. If the amount due is not paid within a timely
City Ordinances
City of Monticello, MN
WSB Project No. 2092-40 Page 10
PROPOSED REVISION TO
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ELIMINATION CITY ORDINANCES
DRAFT 11/20/14
manner as determined by the decision of the municipal authority or by the expiration of the time
in which to file an appeal, the charges shall become a special assessment against the property and
shall constitute a lien on the property for the amount of the assessment. Any person violating
any of the provisions of this article shall become liable to the city by reason of such violation.
7-10-18: INJUNCTIVE RELIEF: It shall be unlawful for any person to violate any provision or
fail to comply with any of the requirements of this Ordinance. If a person has violated or
continues to violate the provisions of this ordinance, the authorized enforcement agency may
petition for a preliminary or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform abatement or remediation of
the violation.
7-10-19: COMPENSATORY ACTION: In lieu of enforcement proceedings, penalties, and
remedies authorized by this Ordinance, the authorized enforcement agency may impose upon
violator alternative compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
7-10-20: VIOLATIONS DEEMED A PUBLIC NUISANCE: In addition to the enforcement of
processes and penalties provided, any condition caused or permitted to exist in violation of any
of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is
declared and deemed a nuisance, and may be summarily abated or restored at the viol
expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
7-10-21: CRIMINAL PROSECUTION:
a) Any person that has violated or continues to violate this ordinance shall be liable to
criminal prosecution to the fullest extent of the law.
b)
associated with enforcement of this ordinance, including sampling and monitoring
expenses.
7-10-22: REMEDIES NOT EXCLUSIVE: The remedies listed in this ordinance are not
exclusive of any other remedies available under any applicable federal, state or local law and it is
within the discretion of the authorized enforcement agency to seek cumulative remedies.
7-10-23: ADOPTION OF ORDINANCE: All prior ordinances and parts of ordinances in
conflict with this ordinance are hereby repealed.
City Ordinances
City of Monticello, MN
WSB Project No. 2092-40 Page 11
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (M) Grading, Drainage and Erosion Control Permit
(7) Time Limit
(a) Failure to begin the approved home occupation within six months of the date
of approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the
Community Development Department if the applicant can show good cause.
(8) Amendments
All requested amendments to an Administrative Home Occupation Permit
shall be processed in the same manner as a new application.
(9) Appeal
The applicant for an Administrative Home Occupation Permit may appeal
the decision of the Community Development Department to the Board of
Adjustment and Appeals per Section 2.4(H).
(M) Grading, Drainage and Erosion Control Permit
(1) Purpose
This section establishes when a grading, drainage and erosion control permit
All grading
requirements can be
is required, how it will be reviewed, information required with
found in Section
the application, and how unauthorized work will be handled. Requiring a Grading
4.10: Grading,
Drainage, and &
Permit enables the City to protect the public by ensuring that erosion does not
Erosion Control
endanger water resources or unnecessarily require extra maintenance of sewers
and ditches and/or the dredging of lakes and ponds. A Grading Permit promotes
the public welfare by guiding, regulating, and controlling the design, construction,
use, and maintenance of any development or other activity that disturbs or breaks
the topsoil or results in the movement of earth on land in Monticello.
(2) In General
A Grading Permit shall be required for land-disturbing activity that would require
the uncovering or distributing of material in excess of any of the following
measurements:
(a) 5000 square feet.
(b) 400 cubic yards undeveloped land, or 40 cubic yards developed land.
(c) Within 200 feet of a waterway or surface water(s).
Page 54 City of Monticello Zoning Ordinance
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (M) Grading, Drainage and Erosion Control Permit
(3) Exceptions
(a) No Grading Permit is required for land disturbances under the amounts
specified in Section 2.4(N)(2), or for the following activities:
(i) Any emergency activity that is immediately necessary for the protection
of life, property or natural resources.
(ii) General establishment of new construction lawns, or the addition of four
(4) or fewer inches of topsoil.
(iii) Existing nursery and agricultural operations conducted as a permitted
main or accessory use.
(b) In the case of grading specific to and in conjunction with a single Building
Permit, a separate Grading Permit is not required.
(i) The Building Permit shall be reviewed and serve as the Grading Permit.
(ii) The individual lot permittee shall be required to provide a letter of credit
or other security deemed acceptable by the City with the building permit
application.
1. The security shall cover City costs for street sweeping, installation,
maintenance and repairs to erosion control measures. The bond will
be in an amount as specified by the current City ordinance for fee
schedule. Said security shall be provided prior to the release of the
Grading Permit.
2. The security shall be released after turf is established as specified in
the City Design Guidelines and Plan Requirements Manual, and the
turf establishment is inspected by the City of Monticello and deemed
to be approved.
(4) Application
(a) All applications for a Grading Permit shall be in accordance with Section 2.3,
Common Review Requirements.
(b) In addition to general review requirements, applications for a Grading Permit
shall also include at least the following to be considered complete (except as
exempted by the Community Development Department):
(i) Each application shall bear the name(s) and address(es) of the owner or
developer of the site, and of any consulting firm retained by the applicant
together with the name of the applicant's principal contact at such firm.
City of Monticello Zoning Ordinance Page 55
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (M) Grading, Drainage and Erosion Control Permit
(ii) A Grading, Drainage and Erosion Control Plan meeting the requirements
of Section 4.10(C). Each application shall include the required number of
plans and other required materials as specified by the Community
Development Department.
(iii) The application form shall include a statement by the applicant that any
land clearing, construction, or development involving the movement of
earth shall be in accordance with the approved Grading, Drainage and
Erosion Control Plan.
(iv) The permittee will be required to file with the City of Monticello an
irrevocable, automatically renewing letter of credit, or other improvement
security in the amount specified by the current City ordinance for fee
schedule. This security shall be in addition to the required non-
refundable filing fee as specified by City Ordinance, which shall be
submitted under separate payment.
1. The security shall cover all costs of engineering and inspection, site
improvements, street sweeping, repairs to erosion control measures,
and maintenance of improvements for such period as specified by the
City of Monticello. Said security shall be provided prior to the release
of the Grading Permit.
2. Security shall be released after final stabilization is complete, erosion
control measures have been removed and their removal area inspected
by the City of Monticello and deemed to be approved.
(c) The City of Monticello requires complete application no less than fifteen (15)
working days in advance of the desired Grading Permit release date.
(5) Review
(a) Grading Permit Review Criteria
Approval of a Grading Permit shall be based on the following criteria:
(i) Whether the proposed Grading Permit is consistent with all the
requirements of Section 4.10 and any other City Code requirements;
(ii) Whether the proposed Grading Permit is in compliance with all
engineering standards adopted by the City;
(iii) Whether the proposed Grading Permit is in compliance with any previous
approvals for the facility (e.g. grading for additional parking previously
approved by a conditional use permit).
Page 56 City of Monticello Zoning Ordinance
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (M) Grading, Drainage and Erosion Control Permit
(b) Grading Permit Review Process
(i) The Community Development Department shall review all Grading
Permit applications.
(ii) Applications determined to conform with the approval criteria outlined in
Section 2.4(N)(5)(a) shall be approved by the Community Development
Department with any conditions deemed necessary. A copy of the
approved permit shall be provided to the applicant which includes all
conditions and comments.
(iii) Applications not conforming with the approval criteria outlined in Section
2.4(N)(5)(a) shall be denied by the Community Development Department.
A notice of denial shall be provided to the applicant which includes all
identified reasons for denial.
(6) Reasonable Conditions
In approving a Grading Permit, the Community Development Department may
impose such reasonable conditions and requirements as it deems necessary and
appropriate to ensure continued compliance with the Grading Permit review
criteria and other city ordinances.
(7) Effect of Grading Permit Approval
The issuance of a Grading Permit shall authorize only the changes approved by
the Community Development Department as depicted by the application
materials.
(8) Time Limit
(a) Failure to complete the authorized grading within six months of the date of
approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the
Community Development Department if the applicant can show good cause.
(9) Amendments
All requested amendments to an existing Grading Permit shall be processed in the
same manner as a new application.
City of Monticello Zoning Ordinance Page 57
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (N) Driveway Permits
(10) Unauthorized Work
Work done without the authorization of a permit and/or found to be out of
conformance with approved plans shall be immediately halted and subject to the
remedies and penalties described in Section 7.6 of this ordinance. Driveways or
parking lots being built out of conformance shall be brought into conformance.
(11) Appeal
The applicant for a Grading Permit my appeal the decision of the Community
Development Department to the Board of Adjustment and Appeals per Section
2.4(H).
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DRIVEWAY
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PERMIT
(N) Driveway Permits
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Application
(1) Purpose
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This section establishes when a driveway permit is required, how it will be
reviewed, information required with the application, and how unauthorized work
will be handled. Requiring a driveway permit enables the City to inspect work
Community
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Development
done within the right-of-way, protect the public by setting and enforcing
Department Review
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/ DECISION
construction standards and ensure proper pavement construction.
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(2) Initiation of Proceedings
A request for a driveway permit shall be initiated by application of the property
Appeal Option if
Applicant
owner or other person having authority to file an application pursuant to Section
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Disagrees with
2.3(B), Authority to File Applications.
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Section 2.4(H)
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(3) In General
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(a) A driveway permit shall be required for the installation, repair, expansion,
reconfiguration or resurfacing of any driveway or parking lot intended for use
by more than three vehicles.
(b) A driveway permit shall only be issued after the Community Development
Department determines the proposed plan sets adhere to
engineering standards.
(4) Application
(a) All applications for a driveway permit shall be in accordance with Section
2.3, Common Review Requirements.
Page 58 City of Monticello Zoning Ordinance
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (A) Purpose
(G) Number of Loading Berths Required
The number of required off-street loading berths shall be as follows:
(1) Manufacturing, Fabrication, Processing, Warehousing, Storing, Retail Sales,
Schools and Hotels
For such a building five thousand (5,000) to one hundred thousand (100,000)
square feet of floor area, one (1) loading berth fifty-five (55) feet in length and
one (1) additional berth for each additional one hundred thousand (100,000)
square feet or fraction thereof, plus one (1) berth thirty (30) feet in length for each
thirty-five thousand (35,000) square feet of floor area or fraction thereof.
(2) Auditorium, Convention Hall, Exhibition Hall, Sports Arena or Stadium
Ten thousand (10,000) to one hundred thousand (100,000) square feet of floor
area, one (1) loading berth; for each additional one hundred thousand (100,000)
square feet of floor area or fraction thereof, one (1) additional loading berth.
4.10 Grading, Drainage, & Erosion Control
(A) Purpose
(1) During the construction process, soil is highly vulnerable to erosion by wind and
water. Eroded soil endangers water resources by reducing water quality and
causing the siltation of aquatic habitat for fish and other desirable species. Eroded
soil also necessitates the maintenance of sewers and ditches and the dredging of
lakes and ponds.
(2) As a result, the purpose of this local regulation is to safeguard persons, protect
property, and prevent damage to the environment in Monticello. This ordinance
will also promote the public welfare by guiding, regulating, and controlling the
design, construction, use, and maintenance of any development or other activity
that disturbs or breaks the topsoil or results in the movement of earth on land in
Monticello. This ordinance is to be used in supplement to any other regulations
as required by state agencies.
Page 278 City of Monticello Zoning Ordinance
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (C) Grading, Drainage and Erosion Control Plan Requirements
(B) Permits
(1) The thresholds for required Grading, Drainage, and Erosion Control permits along
Section 2.4(N)
Grading Permits
with the permit review process is outlined in Section 2.4(N) of this ordinance.
(2) The Permittee(s) shall be responsible for obtaining required permits from other
Excavation within
ROW is administered
government agencies prior to conducting grading work (e.g. dewatering a site for
through City Code
development will require one or more permits from the MPCA).
Title 8, Chapter 2
(C) Grading, Drainage and Erosion Control Plan Requirements
(1) Plan Requirements
(a) Grading, erosion control practices, sediment control practices, and waterway
crossings shall meet the design criteria set forth in the Grading, Drainage and
Erosion Control Plan, and shall be adequate to prevent transportation of
sediment from the site to the satisfaction of the City of Monticello.
(b) The Grading, Drainage and Erosion Control Plan shall comply with the
NPDES General Storm Water Permit requirements and include the following,
as applicable:
(i) A natural resources map identifying soils, tree cover including size and
type, significant native plant communities, and resources protected under
other sections of this code.
(ii) A sequence of construction of the development site, including stripping
and clearing; rough grading; construction of utilities, infrastructure, and
buildings; and final grading and landscaping. Sequencing shall identify
the expected date on which clearing will begin, phasing of clearing or
grading, the estimated duration of exposure of cleared areas, areas of
clearing, installation of temporary erosion and sediment control measures,
and establishment of permanent vegetation.
(iii) All erosion and sediment control measures necessary to meet the
objectives of this local regulation throughout all phases of construction
and after completion of development of the site. Depending upon the
complexity of the project, the drafting of intermediate plans may be
required at the close of each season.
City of Monticello Zoning Ordinance Page 279
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (D) Construction Requirements
(iv) Seeding mixtures and rates, types of sod, method of seedbed preparation,
expected seeding dates, type and rate of lime and fertilizer application,
and kind and quantity of mulching for both temporary and permanent
vegetative control measures. Required specifications are referenced in the
City of Monticello Plan Requirements and Design Guidelines.
(v) Provisions for maintenance of erosion and sediment plan, specifically in
boulevards, easements and other public areas, and estimates of the cost of
maintenance.
(vi) Provisions for regular permittee inspections of all control measures in
accordance with the inspection schedule outlined on the approved
Grading, Drainage and Erosion Control Plan(s).
(vii) Modifications to the plan shall be processed and approved or disapproved
in the same manner as a new application per the requirements of Section
2.4(N).
(D) Construction Requirements
(1) Construction Specifications
(a) Grading, erosion and sedime
Requirements and Design Guidelines.
(b) Clearing and grading of natural resources, such as forests and wetlands, shall
not be permitted, except when in compliance with all provisions of this
ordinance. Clearing techniques that retain natural vegetation and drainage
patterns shall be recommended as necessary and used to the satisfaction of the
Community Development Department.
(c) Clearing, except that necessary to establish sediment control devices, shall not
begin until all sediment control devices have been installed and have been
stabilized.
(d) Phasing may be required on all sites based on site specifics, with the size of
each phase to be established at plan review and as approved by the
Community Development Department.
(e) Soil stabilization shall be completed within fourteen (14) days of clearing or
inactivity in construction.
Page 280 City of Monticello Zoning Ordinance
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (D) Construction Requirements
(f) Final stabilization on all sites shall become established within six (6) months.
The City of Monticello may require the site to be reseeded or a non-vegetative
option employed.
(g) Seeding shall be in accordance with the City's current seeding specification as
detailed in the Plan Requirements and Design Guidelines. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention.
(h) Special techniques that meet the design criteria outlined in Plan Requirements
and Design Guidelines shall be in place on steep slopes or in drainage ways
shall be used to ensure stabilization.
(i) Soil stockpiles which shall be inactive for a period of seven (7) or more days
shall include provisions for perimeter sediment controls. The placement of
soil stockpiles adjacent to public rights-of-way or waterways is prohibited.
(j) The entire site must be stabilized to a minimum of 70% coverage, using a
heavy mulch layer or another method that does not require germination to
control erosion, at the close of the construction season.
(k) Techniques shall be employed to prevent the blowing of dust or sediment
from the site.
(l) Techniques that divert upland runoff past disturbed slopes shall be employed.
(2) Waterway and Watercourse Protection Requirements
The Permittee(s) shall implement the following waterway and watercourse
measures on the site:
(a) A temporary stream crossing installed and approved by the local government
unit and regulating agency if a wet watercourse will be crossed regularly
during construction.
(b) Stabilization of the watercourse channel before, during, and within 24 hours
after any in-channel work.
(c) All on-site stormwater conveyance channels designed according to the criteria
outlined in the Plan Requirements and Design Guidelines.
City of Monticello Zoning Ordinance Page 281
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (E) Inspection
(d) Stabilization adequate to prevent erosion located at the outlets of all pipes and
paved channels.
(3) Pollution Prevention Management Measures
The Permittee(s) shall implement the following pollution prevention management
measures on the site:
(a) Solid Waste: Collected sediment, asphalt and concrete millings, floating
debris, paper, plastic, fabric, construction and demolition debris and other
wastes must be disposed of properly and must comply with MPCA disposal
requirements.
(b) Hazardous Materials: Oil, gasoline, paint and any hazardous substances must
be properly stored, including secondary containment, to prevent spills, leaks
or other discharge. Restricted access to storage areas must be provided to
prevent vandalism. Storage and disposal of hazardous waste must be in
compliance with MPCA regulations.
(c) External washing of trucks and other construction vehicles must be limited to
a defined area of the site. Runoff must be contained and waste properly
disposed of. No engine degreasing is allowed on site.
(E)Inspection
(1) Notification
The Erosion Control Inspector shall make inspections as hereinafter required and
either shall approve that portion of the work completed or shall notify the
permittee wherein the work fails to comply with the Erosion and Sediment
Control Plan as approved.
(2) Procedure
The City shall inspect all permit sites once per week and within 24 hours after a
rain event. The City shall also require inspections at other development
benchmarks as follows and as applicable. To obtain inspections, the permittee
shall notify the City of Monticello at least one working day before the following:
(a) Installation of sediment and erosion control measures;
(b) Start of construction or site development;
(c) Close of the construction season;
Page 282 City of Monticello Zoning Ordinance
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (F) Site Maintenance
(d) Completion of final stabilization/landscaping;
(e) Removal of erosion control measures;
(f) Final project compliance and acceptance close-out.
(3) Material Requirements
Seed tags shall be submitted to the Erosion Control Inspector for approval prior to
commencing work. Proof of application rates shall be provided.
(4) Permitee Inspection
The permittee or his/her agent shall also make regular inspections of all control
measures in accordance with the inspection schedule outlined on the approved
Grading, Drainage and Erosion Control Plan(s). The purpose of such inspections
will be to determine the overall effectiveness of the control plan and the need for
additional control measures. All inspections shall be documented in written form
and submitted to the City of Monticello at the time interval specified in the
approved permit.
(5) Authorization
A member of the Community Development Department shall enter the property of
the applicant as deemed necessary to make regular inspections to ensure the
validity of the reports filed under Section 4.9(E)(4).
(F) Site Maintenance
(1) Responsibilities
(a) Within 24 hours, the permittee shall clean dirt and debris from streets that has
resulted from construction work by the Developer, home builders,
subcontractors, their agents or assigns. Prior to any construction in the plat, the
Developer shall provide the Community Development Department with a
schedule for erosion and sediment control inspection, street cleaning, and street
sweeping.
(b) No development, utility or street construction will be allowed and no Building
Permits will be issued unless the development is in full compliance with the
requirements of this Ordinance.
City of Monticello Zoning Ordinance Page 283
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (H) Enforcement
(G) Certification
(1) Approved Grading, Drainage and Erosion Control Plan
Plans for grading, stripping, excavating, and filling work bearing the stamp of
approval of the Community Development Department, as applicable, shall be
maintained at the site during the progress of the work.
(2) As-built Grading Plan and Development Plan
Within thirty (30) days after completion of site development as per the approved
Grading, Drainage and Erosion Plan, and prior to the approval of individual
building permits, the Developer shall provide the City with an As Built Grading
Plan and Development Plan as defined in the City of Monticello Plan
Requirements and Design Guidelines.
(3) Procedure
The City will withhold issuance of building permits until the approved certified
As-Built Grading Plan and As-Built Development Plan are on file with the City,
all securities as required by this ordinance are received, conservation easement
posts are installed, and all erosion control measures are in place as determined by
the Community Development Department.
(4) Removal of Erosion Control Measures
The above specified requirements will be authorized for removal upon the
sodding of the rear yards, completion of punch list items involving ponds and
slopes, final stabilization, completion of proper turf establishment and placement
of the proper conservation easement posts and signs as specified. Inspection is
required after the removal of erosion control measures to verify proper restoration.
Please refer to City of Monticello Plan Requirements and Design Guidelines for
specifications.
(H) Enforcement
(1) Notice of Violation
If the Grading permittee fails to meet or maintain sediment and erosion control
measures per the Approved Grading, Drainage and Erosion Control Plan, the City
shall issue a Notice of Violation. The Notice of Violation shall detail the default and
prescribe a remedy and required schedule for compliance.
Page 284 City of Monticello Zoning Ordinance
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (H) Enforcement
(2) Lapse and Order for Work
(a) If the Grading permittee fails to meet or maintain sediment and erosion control
Section 2.4(N):
Grading, Drainage, measures per the Approved Grading, Drainage and Erosion Control Plan, the
and Erosion Control
City may, in its discretion, perform the work or contract to have the work
Permits
completed and draw down on the security to pay any costs.
(b) The City will endeavor to notify the Developer in advance of any proposed
action, but failure of the City to do so will not affect the Developer's and City's
rights or obligations hereunder.
(3) Stop Work Order / Revocation of Grading Permit
In the event that any person holding a Grading Permit pursuant to this ordinance
violates the terms of the permit or implements site development in such a manner
as to materially adversely affect the health, welfare, environment, or safety of
persons residing or working in the neighborhood or development site so as to be
materially detrimental to the public welfare or injurious to property or
improvements in the neighborhood, the City of Monticello may suspend or revoke
the Grading Permit through the issuance of a stop work order or the revocation of
the Grading or Building Permit.
(4) Violation and Penalties
(a) No person shall construct, enlarge, alter, repair, or maintain any grading,
excavation, or fill, or cause the same to be done, contrary to or in violation of
any terms of this ordinance. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and each day during
which any violation of any of the provisions of this ordinance is committed,
continued, or permitted, shall constitute a separate offense.
(b) Upon conviction of any such violation, such person, partnership, or
corporation shall be punished by a fine as specified by the City ordinance for
fee schedule for each offense. In addition to any other penalty authorized by
this section, any person, partnership, or corporation convicted of violating any
of the provisions of this ordinance shall be required to bear the expense of
such restoration.
City of Monticello Zoning Ordinance Page 285
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Planning Commission Agenda – 12/02/14
1
6. Consideration of a request for appeal of Administrative Decision as related to
application of Monticello Zoning Ordinance Chapter 4, Section 2 - Tree
Protection. (AS)
A. REFERENCE AND BACKGROUND:
The Monticello Planning Commission, acting as the Board of Adjustment and
Appeals, is asked to consider an appeal of an Administrative Decision made by the
Community Development Department as related to the application of zoning
regulations pertaining to tree protection, Chapter 4, Section 2 – Tree Protection.
Specifically, the appeal is of the determination that a subject tree does not meet the
required 36” diameter at breast height (DBH), which is the required measurement for
consideration as a “specimen tree” as defined by the zoning ordinance. Chapter 4.2
regulations for tree protection, unless otherwise exempted, are applicable to those
trees considered as a “specimen tree”. A specimen tree is defined as “any canopy
tree with a DBH of 36 inches or more and any understory or ornamental tree with a
DBH of 10 inches or more that is not exempted as a specimen tree by this
ordinance”.
The subject tree, a silver maple, is located at the property line between 612 West 4th
Street and the recently approved Vine Street Place plat, proposed by Benoit
Properties, LLC. The Monticello Planning Commission considered the preliminary
plat of Vine Street Place on July 7th, holding a public hearing on that date for the
preliminary plat and variance request related to lot access. During the public hearing,
the property owners at 612 W. 4th Street, Brent and Lanette Aitchison, noted the
presence of a large tree at the rear of their property, at or near the property line. The
Planning Commission added a condition relating to considerations for tree protection
to their resolution recommending approval of the plat and approval of the variance.
Exact information on the tree size or its location was unknown at the time.
The City Council reviewed the preliminary and final plat on August 11th, 2014. The
presence of the tree was again noted as a concern by the Aitchison’s during
discussion on the plat. The approval condition relating to tree protection was carried
forward in the City Council resolution.
Subsequently, to address the required condition of approval relating to tree protection,
the applicant was requested by the City to provide definition as to the location and
size of the tree and recommended tree protection measures. Benoit Properties, LLC
Planning Commission Agenda – 12/02/14
2
consulted with Delwyn Colwill, a certified arborist with Tri-County Tree Service.
Mr. Colwill measured the tree at 34” and provided recommended protection
measures. This information was forwarded to the City. At 34”, the City’s ordinance
for tree protection is not applicable. However, the applicant would still be required to
prepare and provide tree protection measures to meet conditions of approval.
However, the Aitchison’s also hired an arborist to complete an evaluation of the tree.
Certified master arborist Faith Applequist of Tree Quality Inc. prepared a Tree Protection
Plan for the subject tree. During her evaluation, Ms. Applequist measured the tree at 38”
for purposes of DBH. Ms. Applequist’s report was also forwarded to the City by the
Aitchison’s attorney.
With the above information on the size of the tree supplied to the City, it was
recommended by the City Attorney that the City obtain an independent measurement of
diameter at breast height (DBH) for purposes of application of ordinance.
Mr. Manuel Jordan of Heritage Shade Tree Consultants was engaged by the City to
measure the subject tree and provide an explanation on the methodology of the
measurement. Heritage Shade Tree’s analysis yielded a measurement result of 34” DBH.
Northwest Associated Consultants, the City’s consulting planner, also reviewed this
analysis as related to the zoning ordinance and concurred. The Community Development
Department’s determination is therefore based on these analyses. Mr. Jordan will be in
attendance at the meeting.
The City’s zoning ordinance does not define diameter breast height (DBH). The appeal
information provided by the Aitchison’s, as well as the sources cited by both Heritage
Shade Tree Consulting and NAC, illustrate that measurement of diameter at breast height
is variable and can depend greatly on the tree being measured. While measurement at
4.5’ is a commonly cited height for this measurement, multiple sources cite that factors
individual to the tree and its site may require measurement at a different location on the
tree.
The Board of Adjustment and Appeals is therefore asked to evaluate the information
presented and decide on the appeal of the administrative decision for determination of
diameter breast height (DBH) for application of Chapter 4, Section 2 – Tree Protection to
the subject tree.
B. ALTERNATIVE ACTIONS:
1. Motion to deny the appeal and affirm the determination by the Community
Development Department that Monticello Zoning Ordinance Chapter 4, Section 2
- Tree Protection is not applicable to the subject tree, based on findings as
follows:
a. Diameter at breast height is a variable measurement based on
characteristics of the tree being measured for ordinance.
Planning Commission Agenda – 12/02/14
3
b. The subject tree has been measured at 34” diameter breast height by the
City of Monticello’s consulting arborist, using commonly accepted and
practiced methodology.
c. The determination by the Community Development Department that the
tree is not a specimen tree is reasonable and supported by the record.
2. Motion to find Monticello Zoning Ordinance Chapter 4, Section 2 - Tree
Protection is applicable, based on findings to be made by the Board of Adjustment
and Appeals.
C. STAFF RECOMMENDATION:
Based on the information prepared by the City’s consulting arborist, Heritage Shade
Tree Consultants, the Community Development Department has determined the size
of the tree to be 34”, less than required for classification as a “specimen tree”. Staff
recommends that the appeal be denied.
Either side has the right to appeal the decision of the Board of Adjustment and
Appeals to the City Council.
It should be noted that the condition relating to tree protection measures is still
applicable to the plat per the approved resolution of the City Council. As such,
Benoit Properties, LLC will still be required to provide the surveyed location of the
tree, recommended tree protection measures, and implementation of those
recommended measures.
D. SUPPORTING DATA:
A. Monticello Zoning Ordinance, Chapter 4, Section 2 – Tree Protection
B. Monticello Zoning Ordinance, Chapter 8, Section 4 – Definitions, Excerpt
C. Monticello Zoning Ordinance, Chapter 2, Section 4(G) – Appeal of
Administrative Decisions
D. Appeal Documentation, November 4th, 2014 with Exhibits A – O, including:
1. Tree Quality, LLC Tree Protection Plan, September 12, 2014
EXHIBIT B in Appeal Documentation
2. Benoit Properties, LLC Arborist Recommendations, September 3rd, 2014
EXHIBIT C in Appeal Documentation
3. Heritage Shade Tree Consulting Report, October 7th, 2014
EXHIBIT D in Appeal Documentation
4. Memorandum, Northwest Associated Consultants, October 8th, 2014
EXHIBIT D in Appeal Documentation
E. Letter of Determination, October 22nd, 2014
F. Heritage Share Tree Branch Origination Measurements, November 20th, 2014
G. Subject Tree Images
CHAPTER 4: FINISHING STANDARDS
Section 4.2 Tree Protection
Subsection (B) Protection of Specimen Trees
Page 218 City of Monticello Zoning Ordinance
(3) Agreement and Security
A landscaping security shall be submitted with the building permit application.
Such security guarantees that in exchange for building permit, the owner will
construct, install and maintain all items shown on the approved plan and that they
will replace and or correct any deficiencies or defaults that occur in the plan for a
period of one complete year or two complete growing seasons subsequent to the
complete installation according to approved landscaping plan.
4.2 Tree Protection
(A) Purpose
The purpose of this section is to preserve existing natural resources of the community
and to encourage the greening of the City. The City Council finds that the preservation
of trees and other vegetation, where practicable, is in the best interest of City residents’
health and welfare. To that end, the City Council has found it necessary and desirable
to establish regulations to ensure the City preserves its most significant trees and
clusters of exiting trees throughout the City.
(B) Protection of Specimen Trees
(1) Applicability
(a) In General
All development in the City, except that exempted in accordance with Section
4.2(B)(1)(b) below, shall be required to protect specimen trees in accordance
with this section.
(b) Exemptions
The following development shall be exempt from these standards:
(i) Development on land within the CCD zoning district and all other
commercially and industrially zoned properties;
(ii) Development on land containing an existing single-family detached
residential dwelling on a lot-of-record which cannot be further
subdivided.
(2) Separate Plan Required
The location, species, and size of all specimen trees to be retained in accordance
with this section shall be depicted on a separate inventory and protection plan
clearly depicting all required information.
CHAPTER 4: FINISHING STANDARDS
Section 4.2 Tree Protection
Subsection (B) Protection of Specimen Trees
City of Monticello Zoning Ordinance Page 219
(3) General Requirement
(a) No specimen tree may be removed, except in accordance with Section
4.2(B)(4), Removal of a Specimen Tree.
(b) All specimen trees shall have the following protections, whether located on
public or private land:
(i) Cutting, Removal, or Harm Prohibited
Specimen trees shall not be cut, removed, pushed over, killed, or
otherwise harmed.
(ii) Paving or Soil Compaction Prohibited
The area within the dripline of any specimen tree shall not be subject to
paving or soil compaction greater than ten percent of the total area within
the dripline, or within 12 feet of the tree trunk.
(4) Removal of a Specimen Tree
Specimen trees may be removed if the landowner demonstrates to the Community
Development Department that one of the following sets of conditions is met:
(a) Removal of a Healthy Specimen Tree
A specimen tree that is in healthy condition may only be removed if all of the
following standards are met:
(i) The specimen tree prevents development of a lot platted prior to the
effective date of this ordinance as denoted in Section 1.4 in a way that
limits building area to less than otherwise allowed, or hinders compliance
with the standards in Chapters 3, 4, or 5.
(ii) Mitigation is provided in accordance with Section 4.2(B)(5),
Replacement/Mitigation of Specimen Trees.
(b) Removal of a Severely Diseased, High Risk, or Dying Specimen Tree
A specimen tree that is certified as being severely diseased, high risk, or dying
by a certified arborist may be removed without required mitigation.
(5) Replacement/Mitigation of Specimen Trees
Those causing the destruction or removal of a healthy specimen tree, unless
exempted by this ordinance, shall be responsible for the following mitigation:
“Specimen Tree” is
defined in Section 8.4
CHAPTER 4: FINISHING STANDARDS
Section 4.2 Tree Protection
Subsection (C) Tree Protection During Construction
Page 220 City of Monticello Zoning Ordinance
(a) Replacement Trees Required
(i) Each healthy specimen tree removed or destroyed shall be replaced with
three or more replacement trees equaling or exceeding a total of eighteen
(18) aggregate caliper inches.
(ii) The required replacement trees shall be planted within 12 months of the
removal or destruction of the specimen tree.
(b) Location of Replacement Trees
Replacement trees shall be either planted on the parcel of land from which the
specimen tree was removed if sufficient space is available, or placed on
nearby lands in accordance with Section 4.1(E), Alternative Landscape Plan.
(c) Establishment Period
Replacement trees shall be maintained through an establishment period of at
least two complete growing seasons. The applicant shall guarantee the
survival and health of all replacement trees during the establishment period
and guarantee any associated replacement costs. If the replacement trees do
not survive the establishment period, the applicant shall purchase and install
new replacement trees.
(C) Tree Protection During Construction
(1) Owner’s Responsibility
During development, the owner or developer shall be responsible for the erection
of any and all barriers necessary to protect any existing or installed vegetation
from damage both during and after construction.
(2) Tree Protection Fencing & Tree Save Areas
(a) Where Required
Specimen trees and other existing trees being used for credit towards
landscaping requirements shall be fenced with a sturdy and visible fence
before grading or other development activity begins. Fencing shall be erected
no closer than one linear foot to the tree’s dripline. The Community
Development Department shall consider the existing site conditions in
determining the exact location for tree protection fencing. Areas located
inside of tree protection fencing are considered “tree save areas”.
Section 4.1(E):
Alternative
Landscape Plan
CHAPTER 4: FINISHING STANDARDS
Section 4.2 Tree Protection
Subsection (C) Tree Protection During Construction
City of Monticello Zoning Ordinance Page 221
(b) Inspection
All tree protection measures shall be inspected and approved by the City prior
to start of any land disturbing activities. Failure to have tree protection
measures approved prior to the commencement of construction is a violation
of this ordinance.
(c) When Required
No construction, grading, equipment or material storage, or any other activity
shall be allowed within the tree save (fenced) area. Fencing shall be
maintained until after the final site inspection.
(3) Encroachments into Tree Save Areas
Encroachments into specimen tree save areas shall occur only when no other
alternative exists. If such an encroachment is anticipated, the following
preventive measures shall be employed:
(a) Soil Compaction
Where compaction might occur due to construction traffic or materials
delivery through a tree save area, the area must first be mulched with a
minimum four inch layer of wood chips. Equipment or materials storage shall
not be allowed within a tree save area.
(b) Fill
No fill shall be placed within a specimen tree save area without adequate
venting to allow air and water to reach the roots.
(c) Chemical Contamination
Trees located within a specimen tree save area shall be protected from
chemical contamination from liquids or other materials, including but not
limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid,
concrete spoils, or rinse water from vehicle cleaning, including rinsing of
concrete truck tanks and chutes.
(d) Paving Limitations
Except for driveway access points, sidewalks, curb, and gutter; no paving
shall occur within five feet of a specimen tree save area unless authorized
through an alternative landscaping plan [See Section 4.1(E), Alternative
Landscaping Plan].
CHAPTER 4: FINISHING STANDARDS
Section 4.2 Tree Protection
Subsection (D) Tree Preservation Incentives
Page 222 City of Monticello Zoning Ordinance
(D) Tree Preservation Incentives
(1) Tree Preservation Credits
In order to encourage the preservation of as many healthy trees as practical on a
development site, credit towards the minimum landscaping requirements shall be
applied to all existing trees retained on a site that are not specimen trees that
comply with the credit standards of this subsection. Credits are offered only for
trees that are not required to be retained by other sections of this ordinance.
Credits shall be granted in accordance with the following standards:
(a) Credit Amount
A credit of one-and-one-quarter (1.25) multiplied by the aggregate caliper of
trees that are not specimen trees shall be credited and applied towards the
landscaping standards in Section 4.1, Landscaping and Screening, when the
trees that are saved comply with the following minimum size standards:
(i) Canopy Trees
Canopy trees, whether deciduous or evergreen, of seven inches in caliper
or greater, measured six inches above ground level.
(ii) Understory/Ornamental Trees
Understory or ornamental trees, whether deciduous or evergreen, of four
inches in caliper or greater, measured four inches above ground level.
(b) Credit Applied Towards Required Plantings
The credit shall be applied to the aggregate tree caliper inch standards for
landscaping. In no case shall credits substitute for more than 75 percent of the
required landscaping material.
(c) Exclusions to Credit Provisions
Dead, dying or diseased trees shall not be used towards crediting.
(2) Reduction in the Minimum Number of Required Parking Spaces
Up to a five percent reduction in the number of off-street parking spaces required
on a development site shall be allowed if the reduction in the amount of required
pavement will preserve the root zones of existing healthy specimen trees. The
amount of reduction can be determined only after taking into consideration any
unique site conditions and the impact of the reduction on parking needs for the
use, and must be agreed upon by both the applicant and the Community
Development Department. Alternative paving materials may be required by the
Community Development Department in cases where required parking areas
encroach upon root zones.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 452 City of Monticello Zoning Ordinance
TRASH HANDLING AND RECYLCING COLLECTION AREA: Areas designated for the
accumulation, storage and pick-up of refuse and recyclable material associated with multi-
family home sites, civic and institutional uses, office uses, commercial uses, and industrial
uses. This definition does not include trash and recycling containers associated with single
family dwellings, or townhome units which do not utilize a communal location for trash and
recycling.
TREE, CANOPY: A tree that has an expected height at maturity of 30 feet or more.
TREE, ORNAMENTAL: A small tree that has high visual impact typically grown for the
beauty of its foliage and flowers rather than its functional reasons.
TREE, SPECIMEN: Any canopy tree with a DBH of 36 inches or more and any understory or
ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by
this ordinance.
TREE, UNDERSTORY: A tree that has an expected height at maturity of no greater than 30
feet.
TREE SAVE AREA: The area around a specimen tree that extends one linear foot around the
tree’s dripline.
TRASH HANDLING AND RECYCLING COLLECTION AREA: Areas containing large
dumpsters or compactors used to temporarily store trash and recycling materials prior to a
regularly scheduled pick up. Such facilities are typically associated with multi-family
buildings of more than four units, commercial operations and industrial sites.
TRUCK OR FREIGHT TERMINAL: A use where buses, trucks, and cargo are stored, where
loading and unloading is carried on regularly, and where minor maintenance of these types of
vehicles is performed.
UNDERSTORY TREE: A tree that has an expected height at maturity of no greater than 30
feet.
UPLAND: Means all lands at an elevation above the ordinary high water mark.
USE: The purpose or activity for which the land or building thereon is designated, arranged,
or intended, or for which it is occupied, utilized, or maintained, and shall include the
performance of such activity as defined by the performance standards of this ordinance.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (G) Appeal of Administrative Decisions
Page 42 City of Monticello Zoning Ordinance
(G) Appeal of Administrative Decisions
(1) Purpose and Scope
This subsection sets out the procedure to follow when a person claims to have
been aggrieved or affected by an administrative decision made under this
ordinance.
(2) Initiation of Proceedings
Appeals shall be initiated by the person aggrieved or affected by any order,
decision, determination, or interpretation made by the Community
Development Department or other administrative official of the City charged
with the administration or enforcement of this ordinance.
(3) Procedure
(a) Submission of Appeal (Application)
(i) An Appeal pursuant to this subsection shall be initiated by filing a
written appeal of the administrative decision or determination within
10 business days of the date of the order, decision, determination, or
interpretation with the Community Development Department or
other administrative official from whom the Appeal is taken.
(ii) All applications for an appeal shall be in accordance with Section 2.3,
Common Review Requirements.
(b) Review by the Board of Adjustment and Appeals
(i) Upon receiving the written Appeal of the administrative decision or
determination, the Community Development Department shall place the
matter on the next available agenda of the Board of Adjustment and
Appeals.
(ii) A report prepared by the Community Development Department which is
accompanied by all relevant papers, documents, and other materials
relating to the order, decision, determination, or interpretation shall be
provided to the Board of Adjustment and Appeals prior to the meeting.
These materials shall constitute the record of the appeal.
(iii) Following review of the appeal, the Board of Adjustment and Appeals
shall adopt findings of fact and make a decision on the appeal.
(iv) Decisions of the Board of Adjustment and Appeals are final unless the
appellant files a second written appeal outlining the basis for the appeal
within five (5) business days of the decision.
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Option to Appeal
the Board's
Decision to the
City Council
Board of
Adjustment Review
/ DECISION
Community
Development
Report Writen for
the Board of
Adjusment
ADMINISTRATIVE
APPEAL
Complete
Application
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (H) Building Permits
City of Monticello Zoning Ordinance Page 43
(c) Review by the City Council
(i) Upon receiving a second written appeal of the decision rendered by the
Board of Adjustment and Appeals, the Community Development
Department shall place the matter on the next available agenda of the City
Council.
(ii) Materials constituting the record of appeal from the Board of Adjustment
and Appeals review shall be provided to the City Council for examination
prior to the meeting.
(iii) Following review of the appeal, the City Council shall review and decide
on the appeal in accordance with this chapter and state law.
(4) Review Criteria
An order, decision, determination, or interpretation shall not be reversed or
modified unless there is competent, material, and substantial evidence in the
record that the order, decision, determination, or interpretation fails to comply
with either the procedural, substantive requirements, or intent of this ordinance or
state law.
(5) Conditions
The City Council may impose conditions upon their decision to ensure that the
requirements and purposes of this ordinance are followed.
(H) Building Permits
(1) Purpose
This section establishes when obtaining a building permit is required, how it will
be reviewed, what surveys may be required to track construction, and how
unauthorized work will be handled.
(2) In General
(a) No person, firm, or corporation shall erect, alter, construct, enlarge, expand,
repair, move, improve, convert, demolish, equip, use, occupy, or maintain any
building, structure, or portion thereof, within the City of Monticello until
proper permits have been issued by the Community Development
Department.
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Appeal Option if
Applicant
Disagrees with
Decision
Section 2.4(H)
Community
Development
Department Review
/ DECISION
BUILDING
PERMIT
Complete
Application
61#47#4:#56#82#2:#35#77#
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Planning Commission Agenda – 12/02/14
7. Consideration of recommendation regarding 2015 Planning Commission
Appointments. (AS)
A. REFERENCE AND BACKGROUND:
The Planning Commission is asked to take action on two decisions. The first
relates to 2014 expiring member terms, the second is for recommendation on the
appointment of two persons to the open positions on the Commission.
City records indicate that Commissioner Burvee’s term on the Planning
Commission expires in December of 2014. A listing of the current terms is
provided below for reference. The Commissioner’s terms are staggered in three
year increments.
Sam Burvee 3 yr 12/2014
OPEN 3 yr 12/2014
Alan Heidemann 3 yr 12/2015 appointed 2/10/14
Brad Fyle, Chair 3 yr 12/2016 renewed 12/9/13
Charlotte Gabler
(OPEN IN 2015) 3 yr 12/2016 renewed 12/9/13
Lloyd Hilgart Council liaison
In relationship to the two open positions, the Commission is asked to recommend
to the City Council the appointment of two new commissioners; one for
Commissioner Charlotte Gabler’s position and a second for the open position
recently vacated by Grant Sala. Charlotte Gabler’s term will expire in 2016, so
the person appointed to her position will fill out her term for an initial two year
commitment. Grant Sala’s term would have expired in 2014 as noted, so the
person appointed to that position will serve a full three year term.
In January, the Planning Commission will also need to appoint a chair and vice chair
for 2015. Currently, Commission Fyle serves as Chair of the Commission.
Commissioner Gabler serves as Vice Chair.
The City Council will ratify appointments to the Commission on January 12th,
2014.
B. ALTERNATIVE ACTIONS:
Decision 1: Expiring Terms
1. Motion to recommend the appointment of Commissioner Burvee for a
three-year term on the Planning Commission.
2. Motion of other.
Planning Commission Agenda – 12/02/14
Decision 2: Planning Commission Open Positions
1. Motion to recommend appointment of _______________ to a three year
term on the Planning Commission and appointment of
_________________ to fill out the remainder of a three year term on the
Planning Commission.
2. Motion of other.
C. SUPPORTING DATA:
A. City Code Title 2, Chapter 1 - Planning Commission
MONTICELLO CITY ORDINANCE TITLE II/Chpt 2/Page 1
CHAPTER 1
PLANNING COMMISSION
SECTION:
2-1-1:Composition
2-1-2:Organi zati on; M eetin gs
2-1-1:COMPOSITION: The Planning Commission shall consist of five (5) members
appointed by the Council. No member of the Planning Commission shall hold any
ot he r p ub li c o ff ic e i n t he Ci ty.
All members shall be appointed for three year terms; however, said term may be
terminated earlier by the Council. One member shall hold office until December 31,
2000; two members shall hold office until December 31, 2001 and two members shall
hold office until December 31, 2002. Annually thereafter, appointments shall be made
for the term of three years. Said terms are to commence on the day of appointment.
Vacancies during the terms shall be filled by the Council for the unexpired portion of
the term. Every appointed member shall, before entering upon the discharge of his
duties, take an oath that he will faithfully discharge the duties of his office. All
members who attend at least one monthly meeting shall receive compensation of
$50.00 for that month.
(1/10/00, #337)
All members who attend a special meeting requested by an applicant who pays a
special
meeting fee set by the City shall received additional compensation of$50 for each
special
meeting attended. (11/22/99, #336)
2-1-2:ORGANIZATION; MEETINGS: The Commission shall elect a chairman from
among its appointed members for a term of one year, and the Commission may create
and fill such other offices as it may determine.
The Planning Commission shall hold at least one (1) regular meeting each month.
This meeting shall be held on the first Tuesday. Regular meetings shall commence at
seven o'clock (7:00) p.m. Hearings shall be heard as soon thereafter as possible. The
Planning Commission shall adopt rules for the transaction of business and shall keep a
record of its resolutions, transactions, and findings, which record shall be a public
record.