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HomeMy WebLinkAbout10.a. Final Grade Ordinance First ReadingAGENDA ITEM: Final Grade Ordinance First Reading AGENDA SECTION: Old Business PREPARED BY: Andrew J. Brotzler, P.E., City Engineer I0 ATTACHMENTS: Ordinance Relating to Final Grade Surveys; Survey of Surrounding Communities APPROVED BY: RECOMMENDED ACTION: First Reading ACTION: BACKGROUND: CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: October 18, 2005 At the July 28, 2005 Council Work Session, Council reviewed a draft of the Final Grade Ordinance. Attached for consideration and a first reading is the final ordinance. As previously presented, the ordinance will require that for all new construction, the perimt holder will be required to prepare and submit to the City a final grade lot survey that has been certified by a hcensed surveyor The goal of this ordinance is to ensure that lots are final graded in conformance with the development gradmg plan and approved lot survey. The attached ordnance includes a provision for the City to collect a security with the building permit apphcanon to ensure that the work is completed and submitted to the City. At the July 28 Council Work Session, there was some discussion about the amount of security to be collected As directed, Staff has researched with other communities the provisions of their respective final grade requirements and the amount of securities required Based on the results of the survey, a copy of which is attached, Staff is recommending that the security rate be established at $2,000 This rate, if approved by Council will be included in the City's Fee Resolution. It should be noted that the effective date of the ordinance is proposed to be January 1, 2006 which is a change from the standard practice of ordinances becoming effecttve immediately upon the date of publication. The reason for this is to allow time for the comrnumcation of the proposed ordinance requirements with builders and to coincide with the annual update of the City's Fee Resolution for 2006 SUMMARY: At this time, Staff is requesting the first reading of the attached ordinance. Following a first reading, the second reading and consideration to adopt the proposed ordinance will be presented on the Consent Agenda at the November 1, 2005 Regular City Council meeting. G 1Chad\Final Grade Policy \F rst ReadingFinalGradePoircyl0 -18 -05 doc Al I _EST: Linda Jentink, City Clerk CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. ORDINANCE RELATING TO FINAL GRADE SURVEYS ADDING NEW PARAGRAPH 9-2-1 (C) THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS as follows: Section 1. Rosemount City Code is amended by adding new paragraph 9- 2 -1(C) as follows: C For all new construction for which a building permit has been issued, the permit holder must submit an as -built certificate of survey as a condition of issuance of a certificate of occupancy. The survey must be prepared by a licensed surveyor and it must certify that the lot is graded in accordance with the approved grading plan. The following conditions also apply. 1. For lots that will be occupied between May 1 and October 31, the as -built survey must be submitted to the city two days before a certificate of occupancy will be issued 2. For lots that will be occupied between November 1 and April 30, the building pernut applicant must provide a cash deposit in accordance with the city's fee schedule The city will collect the security with the building permit application and retain it until the requirements of paragraph C are met If the permit holder fails to fulfill the requirements of paragraph C by providing a final grade as -built survey by the next June 15th, the securty will be surrendered to the city and the city will take steps to complete the final grade of the property as approved. The city will return unused security funds after completion of grading in accordance with the approved grading plan. No interest will accrue on the cash deposit. Section 2. This ordinance shall be effective the 1st day ofJanuary, 2006. Adopted by the City Council of the City of Rosemount, Minnesota, the day of November, 2005. Wilbain H Droste, Mayor Published this day of 2005 in the Rosemount Town Pager. G \Chad \Final Grade Pohcy \Final grade survey Ordmance.doc a. co o ii II Winter construction creates issues because C of O's are issued without the asbuilt survey. Builders with outstanding asbuilt surveys are contacted in the spring Sometimes changes are made to the lot after the survey is conducted Overall compliance is good No compliance problems 1 Occasionally the inspection occurs after the sod is laid, which sometimes creates problems of incorrect drainage on the site l Some people either forget or don't care about the deposit money. Few compliance problems Who Performs the I Final Inspection Registered Land Surveyor Registered Land Surveyor 1 Engineering Department r Engineering Department Engineering Department Registered Land Surveyor When is Escrow Collected Part of Subdivision Agreement, or builder pays at permit issuance Builder pays at permit issuance Budder pays at permit issuance For erosion control Builder pays at permit issuance 1 Builder pays at permit f l issuance Builder pays only if home is completed during winter 000'1,$ 000' 000'1 oost oo s't OOZ'Z$ 009'Z$ Final Grade Policy SGA saA saA ON saA saA SGA Cottage Grove Farmington apiAa )je� r Apple Valley Burnsville 1 Prior Lake Inver Grove Heights a. co o ii