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4.6. SR 11-05-2018
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4.6. SR 11-05-2018
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<br />9 <br />(02) In the event the landscaping, including trees and establishment of turf, is not complete at the <br />time of Certificate of Occupancy, the City may issue a certificate of occupancy and require the <br />provision of a cash deposit from the builder of the lot to guarantee the successful completion of the <br />landscaping improvement. The cash deposit shall be no less than $1,000.00. The City, its employees, <br />agents or contractors shall have the right to go upon the property to complete the landscaping <br />without permission of the owner of the property or lot, and shall not be liable for trespass. The City <br />may also require a deposit as part of the building permit fee to secure compliance with the <br />landscaping requirements. <br />15. Surface and Groundwater Management. <br />(01) Dewatering. Due to the variable nature of groundwater levels and stormwater flows, it will <br />be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy <br />themselves with regard to the elevation of groundwater in the area and the level of effort needed to <br />perform dewatering and storm flow routing operations. All dewatering shall be in accordance with <br />all applicable county, state, and federal rules and regulations. DNR regulations regarding <br />appropriations permits shall also be strictly followed. <br />(02) Wetlands. If the Developer proposes the filling of wetlands in connection with development <br />of the Subdivision, final plat approval is contingent upon, and the final plat shall not be recorded <br />until, receipt of necessary permits from appropriate regulatory agencies to fill wetlands as proposed <br />by the Developer and approval by the Technical Evaluation Panel of the proposed mitigation plan <br />for wetlands filling. If these permits are denied, or approval of the wetland permit and mitigation <br />plan is subject to conditions which significantly impact the Subdivision, the final plat for the <br />Subdivision shall be resubmitted to the City Council for consideration of changes required for the <br />wetland approvals. The City shall receive a copy of the monitoring report annually for three years. <br />(03) Erosion Control. Prior to initiating any work on the site, the erosion control plan, Plan B, <br />shall be implemented by the Developer and inspected and approved by the City or other regulating <br />authority. The City may impose additional erosion control requirements if they are deemed necessary <br />to protect the downstream waters of the state. All areas disturbed by the grading operations shall be <br />stabilized per the MPCA NPDES Stormwater Permit for Construction Activity and the City MS4 <br />permit. Seed shall be in accordance with the City’s current seeding specification which will include <br />temporary erosion control measures to provide ground cover as rapidly as possible. All seeded areas <br />shall be fertilized, mulched, and watered as necessary for seed retention and growth. The parties <br />recognize that time is of the essence in controlling erosion. If the Developer does not comply with <br />the MPCA NPDES Stormwater Permit for Construction Activity, the City MS4 permit, with the <br />erosion control plan and schedule, or supplementary instructions received from the City or other <br />regulating authority, the City may take such action as it deems appropriate to control erosion. The <br />City will endeavor to notify the Developer in advance of any proposed action, but failure of the City <br />to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer <br />does not reimburse the City for any cost the City incurred for such work within ten (10) days, the <br />City may draw down the letter of credit to pay any costs. No development, utility or street <br />construction will be allowed and no building permits will be issued unless the plat is in full <br />compliance with the approved erosion control plan. <br />(04) Grading. The Subdivision shall be graded in accordance with the approved grading <br />development and erosion control plan, Plan B. The plan shall conform to City specifications. <br />Within thirty (30) days after completion of the grading and before the City approves individual <br />building permits (except up to three model home permits on lots acceptable to the Building Official <br />per section 18), the Developer shall provide the City with an “as constructed” grading plan certified <br />by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales,
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