HomeMy WebLinkAbout6.i. Metro Land Amendment to Harmony PUD and Simple Plat for Harmony Parkview 2nd Addition
E X E C U T I V E S U M M A R Y
City Council Regular Meeting: May 21, 2019
AGENDA ITEM: 19-22-SMP and 19-23-PUD Metro Land
Minor Amendment to Harmony PUD and
Simple Plat for Harmony Parkview 2nd
Addition
AGENDA SECTION:
Consent
PREPARED BY: Kyle Klatt, Senior Planner & Kim
Lindquist, Community Development
Director
AGENDA NO. 6.i.
ATTACHMENTS: PUD Resolution, Plat Resolution,
Amended PUD Agreement, Subdivision
Agreement, Location Map; Harmony
Parkview 2nd Addition Plat and Plans:
Overview, Existing Conditions,
Demolition Plan, Simple Plat, Erosion
and Sediment Control, Grading and
Drainage, Utilities, Paving and
Dimensional Plan, Construction Details;
Landscape Plan, 2008 Master Plan
(Harmony 5th), Architectural Plans,
Updated Parking Layout, City
Engineering Review, Letter from Faison
Family, Letter from Patricia Lawler
APPROVED BY: LJM
RECOMMENDED ACTION: Staff and the Planning Commission recommend the City
Council adopt the following motions:
1) Motion to adopt a resolution approving a simple plat for Harmony Parkview 2 nd
Addition.
2) Motion to adopt a resolution approving a minor amendment to the Harmony Area
Planned Unit Development (PUD) Agreement allowing the substitution of four 4-unit
townhouse structures in place of seven single-family homes with the townhouse
design approved as part of the Harmony Parkview subdivision.
3) Motion to authorize the Mayor and City Clerk to execute a Minor Amendment to the
Harmony Area PUD Agreement.
4) Motion to approve the Subdivision Development Agreement for Harmony Parkview
2nd Addition and authorizing the Mayor and City Clerk to enter into this agreement.
SUMMARY
The City Council is being asked to consider a Simple Plat request to permit platting of individual lots for a
16-unit townhouse project in the general location of the temporary stormwater pond within the Harmony
project. Now that the regional pond is available within Dunmore, these ponds are obsolete and can be
developed. This is consistent with the initial approval for the Harmony project, which indicated future
townhouse, although the one level fourplexes, on the site.
This site has been the subject of several approvals which have not as yet taken place. The new proposal
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indicates four, four-unit buildings accessed by two private driveways coming off of Bronze Parkway. The
buildings will be consistent with the applicant’s recent buildings being constructed within the project,
south of the Club House and east of the City Park within Harmony.
No changes to adjacent public streets or public utilities are planned, and the proposed development will be
located entirely with the existing outlot boundaries. The requested amendment is considered a minor
amendment because it results in a change of less than 5% of the original density for the Planned
Development. The minor amendment does not require Planning Commission review; however, the PUD
amendment requires Council approval because the PUD is a contract between the City and developer. The
PUD document is amended to include the applicant’s proposed building layout and designs as part of the
overall PUD plans for the site.
Property Owners: Metro Holdings, 2140 West County Road 42, Burnsville, MN
Applicant: Metro Land (same address)
Location: Generally. west of Bronze Parkway, East of Hwy 3 and north of the
Harmony Park within the Harmony PUD
Site Area in Acres: 11.51 Acres
Current Zoning: R-2/PUD
PLANNING COMMISSION REPORT
The Planning Commission held a public hearing to review the proposed Simple Plat request on April 23,
2019. Staff presented an overview of the proposal and provided the Commission with a brief history of
the site. A commissioner questioned why the developer had chosen a two-story design for the
townhouses instead of the original design for one-level quad units. Commissioners also questioned the
process for filling the storm water ponds and timing issues associated with the adjacent Dunmore
development. Tom Wolter, representing Metro Land, explained that townhomes were the only viable use
of the property due to the cost of re-grading the site and filling in the existing storm water ponds. He also
noted that he has been waiting to develop the site until the regional ponds were constructed in Dunmore.
The Commission opened the public hearing to consider public testimony concerning the proposed
development, and received the following comments:
Connie Marquart, 2709 134th Street, explained that she is in favor of single story quad units instead
of two-story units.
Cheryl Lauby, 13549 Bronze Parkway stated that she is concerned about the noise associated with
the patios and backyards facing her home. She also expressed concern that individuals will be
parking in the fire lane in front of her house since there will not be enough parking for the new
units. She further commented that there is not enough green space within the project area since
the units are dominated by entry ways and asphalt driveways.
Wendy Hartley, 2765 134th Street, stated that when she bought her quad-unit townhouse, she was
told that future buildings on the subject property would be similar to hers. She noted that the
proposed units have minimal yards for children to play in and that the parking will not be enough
for the area
Curtis Seabloom, 2781 134th Street, said that Bronze Parkway is not very wide and that the
development will add to the existing congestion in this area.
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Staff noted that the City had received two letters/emails concerning the project, and summarized the
letters as follows:
The Faison family, 2786 134th Street West, explained they are not in favor of any building that
would take the place of the drainage pond and displace the animals living there. Their letter also
expressed concern about additional traffic, storm water runoff, and snow and ice removal.
Patricia Lawler, 13659 Bronze Parkway, indicated that when she moved to Harmony, it was her
understanding that any two-level townhouse units would be located in the center of the
development. She noted that there is an unbelievable amount of traffic in the neighborhood and
that the 16 additional units will not be safe. She further stated that the development will not fit
into the overall landscape of the association due to the lack of green space.
In response to some of the public hearing comments, staff explained that the City had already approved a
plan to allow portions of Harmony to use the regional storm water ponding system across Robert Trail
South. This was part of the initial approval for Harmony. Staff also reviewed the City’s requirements for
access and parking within townhouse developments, and noted that many of the streets within Harmony
are private and are regulated by the HOA. Tom Wolter commented that the new subdivision would be
joining the overall master association for Harmony and that it would also have its own sub-association.
After closing the public hearing, the Commission clarified that they were tasked with reviewing the simple
plat request, and that the minor PUD amendment did not need a recommendation. The Commission
further discussed some of the issues that were raised during the public hearing, including the parking
requirements for new townhouse developments. Staff noted that one of the draft conditions requires the
developer to provide two additional parking stalls on the site. The Commission adopted a motion to
recommend approval of the request with a vote of five to one. Minutes from the meeting will be
forwarded separately to the Council prior to Tuesday’s meeting.
Since the Planning Commission meeting, Staff has determined that the original drainage and utility
easements over Outlot C of Harmony 5th Addition (the subject property) has not been vacated. Because
the site is presently used for storm water drainage and is not yet connected to the regional system, staff is
recommending an additional condition of approval to require the vacation of these easements, but not
until the property owner has either paid the required off-site ponding fees or entered into an agreement
concerning the assessment of these fees against the property. The developer has also submitted an
updated parking layout plan adding two additional stalls to the site; the other development plans will need
to be updated to reflect this change.
BACKGROUND
In the initial Harmony project there was not stormwater ponding available for the site as part of the
regional system and the ponds now located in the site were created. The intention was when the regional
system was installed, the temporary ponds would be filled and developed. The regional pond necessary is
part of the Dunmore project and therefore now that the regional pond is created, this site can be
developed, so long as a connection to the regional pond from Harmony is installed.
Over the years the property has been approved for several differing housing types, in recognition that the
temporary ponds would be removed at some point. When the Harmony project first was approved, the
concept indicated one-level fourplexes, similar to the units constructed, ringing the eastern edge of the
Harmony neighborhood. In 2016, an amendment was approved to allow platting of seven single family
lots, more consistent with the development pattern north of the site. As part of both approvals, the
applicant was required to enter into an offsite ponding agreement, which requires a payment to permit use
of the Dunmore regional pond and allow filling of the existing Harmony stormwater pond.
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Metro Land is now proposing to develop the site for townhouses, and the site plan includes a four
separate buildings with four units in each all accessed via a private interior roadway system. These units
are considered townhouses (or single-family attached units) because each home will be platted on a
separate lot with a shared building wall/property line with at least one other unit. The proposed buildings
will be two stories in height (slab-on-grade), with a garage at ground level and living space in back of and
above the garage. The building design is very similar to the “Villa” and “Row” townhouses found
elsewhere within the Harmony PUD and the building design approved for the Timeless Homes
subdivision near the subject site.
In conjunction with the Simple Plat, staff has prepared the attached subdivision development agreement
related to the installation of public and private improvements within the subdivision. The agreement
specifies the terms and conditions under which the developer may proceed with construction of the
project, including all required City fees and payments related to the subdivision.
ISSUE ANALYIS
Lot Division
The applicant is proposing a simple plat. Simple plat requests are quasi-judicial decisions meaning that the
City Council is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning
Ordinance, and Subdivision ordinance are being followed. The property is also part of an approved
Master Development Plan PUD; planning requests are viewed to ensure compliance with the PUD Master
Plan and conditions of approval.
PUD Amendment
The requested PUD amendment is considered a minor amendment because it does not significantly alter
any of the major site characteristics of the Harmony PUD, including the location of public roadways,
utilities, private driveways, or other site features. In addition, the proposed amendment does not increase
the overall density of the PUD by more than 5%. The overall dwelling unit count within the Harmony
PUD now stands at 454 over the entire 91.38 acre site for a density of 4.96 units per acre. The proposed
amendment would bring this number up to 463 (an increase of 9 units or 2% above the approved number)
for a new overall project density of 5.07. The updated density falls within the density range of 5-10 units
per acre as specified in the Comprehensive Plan for the medium density residential land use category.
Stormwater
As noted above, the area proposed for the four townhouse buildings was initially designated for three
quad-homes. Because there was not access to the planned regional pond across Hwy 3 from the Harmony
site a temporary pond was created to properly address site stormwater runoff. The development of the
Dunmore project allows construction of the regional pond and permits filling the Harmony pond,
removing obsolete piping and development of the townhomes. There are no site stormwater impacts
associated with the project as the infrastructure system is in place to permit the proposed development.
Staff is currently working with MnDOT to obtain the proper permitting to complete the connection across
Highway 3 into the Dunmore regional ponds.
Parking and Access. All streets internal to the development will be private, with two new entrances off of
Bronze Parkway. The southern entrance will line up with the 135th Street, while the other will not align with
any exiting access on the east side of Bronze Parkway. The private streets will only provide access to
individual units are and will be 24 feet in width. The proposed street layout generally matches the
preliminary PUD plans and will provide for adequate maneuvering space for service vehicles, residents and
visitors to this neighborhood.
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The City’s single-family attached parking standards, which are mirrored in the overall Harmony PUD
agreement, require 2.5 parking stalls per unit. The proposed plans include two garage spaces within each
unit along with 6 additional surface stalls at the end point of the private streets. This leaves the project two
stalls short of the City’s parking requirements, and the plans will need to be updated to provide the
additional required overflow parking within the common areas of the site. Consistent with the City’s
expectations for units along private streets, the site layout provides a minimum of 20 feet between the front
face of the garage and the curb line of the street. This garage setback from the street will provide room for
all but the largest vehicles to park in the driveway without blocking the street.
Setbacks
Due to the project site’s location adjacent to State Highway 3, which is considered a Minor Arterial route
in the City’s transportation plan, the zoning ordinance requires an additional setback buffer to the highway
right-of-way. The proposed townhouse plan takes this additional 20-foot setback into account and keeps
all buildings a minimum of 50 feet from the right-of-way line.
Utilities
Roads and public utilities were installed in initial phases of the Harmony development. There are no new
utilities needed for the townhomes proposed. Utility fees must be paid as part of the platting project and
are noted in the Engineering memorandum.
Grading
With the 16 townhomes the temporary pond will be filled and the existing storm sewer dismantled. A new
pipe will be added between the two southernmost buildings that will direct drainage to the low area along
Hwy 3. From there the drainage will be directed under Hwy 3 to the regional pond that has been enlarged
within the Dunmore project. Filling of the pond and creation of lots cannot occur until the site is
connected to the new infrastructure within Dunmore across Highway 3. An offsite stormwater fee must be
paid in association with removal of the temporary pond.
Park Dedication
The park dedication requirements have been paid or been achieved through land dedication. There are no
new Park fees created by the request.
Preliminary Plat
The Harmony Parkview 2nd Addition creates 16 townhouse lots in place of three quad homes that were
initially approved as part of the project and the seven single family homes approved with a subsequent
amendment. From a technical standpoint, all properties platted must contain standard drainage and utility
easements.
Landscaping
The applicant has submitted a landscape plan that demonstrates compliance with City’s landscape
ordinance: one over story tree per dwelling unit, one street tree for every 50 feet of road frontage (there
are currently no trees along the west side of Bronze Parkway) and one foundation planting for every 10
linear feet of structure. The landscape plan also incorporates a larger buffer planting strip along the
Highway 3 right-of-way consistent with the overall Harmony landscape plan (as amended with the
Harmony 5th Addition major PUD amendment).
Architecture
The proposed design and architectural details for the proposed buildings mirrors the units previously
approved with the Harmony Parkview 1st Addition. The four-unit building design approved for the 1st
Addition is attached for reference.
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CONCLUSION & RECOMMENDATION
The Planning Commission and staff recommend approval of the Simple Plat request for Harmony Parkview
2nd Addition. Staff is further recommending that the Council adopt a resolution approving an amendment to
the overall Harmony PUD agreement to allow the proposed townhouses within the PUD.
Staff also recommends execution of the subdivision agreement for the project as presented. These
recommendations for approval are based on the information submitted by the applicant and the findings
made in this report and is subject to the conditions listed in the recommended action.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-46
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD)
MINOR DEVELOPMENT PLAN FOR HARMONY PARKVIEW 2ND ADDITION.
WHEREAS, the Community Development Department of the City of Rosemount received a
request for a Planned Unit Development Minor Development Plan from Metro Land concerning
property legally described as:
Outlot C of Harmony 5th Addition, Dakota County, Minnesota.
WHEREAS, on April 23, 2019, the Planning Commission of the City of Rosemount held a public
hearing and reviewed the PUD Minor Development Plan for Harmony Parkview 2nd Addition; and
WHEREAS, on April 23, 2019, the Planning Commission recommended approval of the PUD
Minor Development Plan for Harmony Parkview 2nd Addition, subject to conditions; and
WHEREAS, on May 21, 2019, the City Council of the City of Rosemount reviewed the Planning
Commission’s recommendations.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Planned Unit Development (PUD) Minor Development Plan of Harmony Parkview
2nd Addition, subject to:
1. Compliance with the conditions and standards within the City Engineer’s Memorandum
dated April 18, 2019.
2. Final building plans shall include a minimum of three and a half (3.5) feet of brick or stone
wainscoting on the front façade and any columns in front of the house, and side and rear
elevations facing public right-of-way.
3. The townhomes are subject to the same design guidelines as the existing townhouse
development standards in the current PUD agreement.
4. Provision of two additional off-street parking stalls to meet the City’s overflow parking
requirements of one-half (1/2) space per unit in the common space accessible to all
dwellings in townhouse developments.
ADOPTED this 21st day of May, 2019, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2019-45
A RESOLUTION APPROVING
A SIMPLE PLAT FOR HARMONY PARKVIEW 2ND ADDITION
WHEREAS, the Planning Department received an application for approval of a Simple Plat for
Harmony Parkview 2nd Addition to construct 16 townhouse units legally described as follows:
Outlot C of Harmony 5th Addition, Dakota County, Minnesota.
WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing as
required by ordinance for the purpose of receiving public comment regarding the proposed
Harmony Parkview 2nd Addition Simple Plat on April 23, 2019; and,
WHEREAS, the Planning Commission reviewed the application on April 23, 2019, and found it
consistent with the criteria for simple plat review outlined in the Subdivision Ordinance; and,
WHEREAS, the Planning Commission adopted a motion to recommend approval of the
application for a Simple Plat on April 23, 2019.
NOW, THEREFORE, BE IT RESOLVED, The Council of the City of Rosemount does hereby
approve the Harmony Parkview 2nd Addition Simple Plat, subject to the following conditions:
1. Dedication of standard drainage and utility easements.
2. Compliance with the conditions and standards within the City Engineer’s
Memorandum dated April 18, 2019.
3. Approval and execution of a subdivision agreement or general agreement
concerning the payment of applicable City fees.
4. Development of the 16 townhouse units created in Harmony Parkview 2nd Addition
cannot occur until:
a. The applicant enters into an offsite ponding agreement or pays the required
off-site ponding fee prior to recording of the final plat.
b. The regional pond west of the site, within the Dunmore project is installed.
c. All required permits from MnDOT to increase discharge across TH 3 have
been obtained.
5. Vacation of the existing drainage and utility easements over Outlot C of Harmony
5th Addition. Said vacation will not be approved by the City until the applicant
enters into an offsite ponding agreement or pays the required off-site ponding fee
prior to recording of the final plat.
ADOPTED this 21st day of May, 2019, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
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A MINOR AMENDMENT TO THE HARMONY (FORMERLY BROCKWAY)
AREA PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
ALLOWING A CHANGE FROM SINGLE FAMILY LOTS TO TWO-LEVEL
ATTACHED TOWNHOMES
THIS DECLARATION made this 21st day of May, 2019 by and between Metro Land
Holdings, LLC, a limited liability company (hereinafter referred to as the “Declarant”), and the
CITY OF ROSEMOUNT, a Minnesota municipal corporation (hereinafter referred to as the
“City”);
WHEREAS, Declarant is the owner of the real property described as Outlot C of
Harmony 5th Addition, Dakota County, Minnesota (hereinafter referred to as the “Subject
Properties”); and
WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement,
“Brockway Area Planned Unit Development Agreement” dated September 27, 2004 and
subsequently amended on August 16th, 2016 (hereinafter referred to as the “Planned Unit
Development Agreement”); and
WHEREAS, Declarant wishes to further amend the Planned Unit Development
Agreement as hereinafter provided, which amendment has been approved and consented to by
the City of Rosemount, acting through its City Council, as evidenced by the duly authorized
signatures of its officers affixed hereto.
NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be,
held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and
restrictions, hereinafter set forth.
1. The use and development of the Subject Property shall conform to the Planned Unit
Development Agreement except as modified herein.
a. The Planned Unit Development Agreement shall be amended to allow four townhome
units with four units in each building instead of seven single family lots on the
Subject Property.
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2. The use and development of the Subject Property and Harmony Parkview 2nd Addition
shall conform to the documents, plans, and drawings listed in Paragraph 1 of the Planned
Unit Development Agreement and, in addition, to the following:
A. City Resolution No. 2019- Approving a Simple Plat for Harmony Parkview 2nd
Addition – Exhibit 1
B. City Resolution No. 2019- Approving A Minor Amendment to the Harmony PUD
Agreement – Exhibit 2
C. Harmony Parkview 2nd Addition Final Plat – Exhibit 3
D. Harmony Parkview 2nd Addition Preliminary Development Plans (Sheets C1.1-
C7.2 dated 3/8/19) – Exhibit 4
E. Harmony Parkview 2nd Addition Landscape Plan (Sheets 5.20-5.21 dated 3/27/19)
– Exhibit 5
3. Except as modified by paragraph 1 of this Amendment, the Planned Unit Development
Agreement shall remain in full force and effect.
4. The obligations and restrictions of this Amendment shall run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the
City of Rosemount acting through its City Council. This Amendment may be amended
from time to time by a written amendment executed by the City and the owner or owners
of the lot or lots to be affected by said amendment.
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or
representatives of Declarant have hereunto set their hands and seals as of the day and year first
above written.
DECLARANT
METRO LAND HOLDINGS, LLC
By
Its
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ___ day of _________, 2019
by _____________________ and _________________, the _________________ and
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______________________, for and on behalf of METRO LAND HOLDINGS, LLC, a
Minnesota Limited Liability Corporation, by and on behalf of said corporation.
_______________________________
Notary Public
This Amendment is approved and consented to by the City Council of the City of Rosemount.
CITY OF ROSEMOUNT
By:
William H. Droste, Mayor
And by:
Erin Fasbender, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ___________, 2019
by William H. Droste and Erin Fasbender, the Mayor and City Clerk, respectively, for and on behalf
of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation.
Notary Public
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THIS INSTRUMENT WAS DRAFTED BY:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
651-423-4411
Harmony Parkview 2nd
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SUBDIVISION AGREEMENT
Harmony Parkview 2nd
AGREEMENT dated this ________ day of ________________________, 2019, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and TIMBERCREST, LLC, a Limited
Liability Company (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land
and a plat of land to be known as Harmony Parkview, which land is legally described on
ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the
“subject property”).
2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following
conditions:
a. Incorporation of recommendations of the City Engineer concerning design and installation of
public and private infrastructure, and including grading, erosion control, streets and utilities.
b. Execution of a Subdivision Agreement to secure the public and private improvements.
c. Payment of all applicable fees identified in the current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails,
underpasses, conservation areas, streets and utilities.
e. Payment of regional ponding fees in the amount of $81,104 is due with this agreement, or the
developer may enter into a Petition & Waiver agreement for this fee.
3. Phased Development. The City may refuse to approve final plats of subsequent additions of the
plat if the Developer has breached this Agreement and the breach has not been remedied.
Development of subsequent phases may not proceed until Subdivision Agreements for such phases
are approved by the City.
4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent permitted by state law, the City may require compliance with any
amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication
requirements enacted after the date of this Agreement.
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5. Development Plans. The subject property shall be developed in accordance with the following
plans, specifications and contract documents, original copies of which are on file with the City
Engineer. The plans and contract documents may be prepared, subject to City approval, after
entering this Agreement, but before commencement of any work on the Subject Property. If the
plans vary from the written terms of this Agreement, the written terms shall control. The plans are:
Plan A - Plat
Plan B - Soil Erosion Control Plan and Schedule
Plan C - Drainage and Storm Water Runoff Plan
Plan D - Plans and Specifications for Public and Private Improvements
Plan E - Grading Plan and House Pad Elevations
Plan F - Street Lights
Plan G - Landscape Improvements
All Improvements, including Developer Improvements and City-Installed Public Infrastructure
Improvements (if any) that lie within the public right-of-way or easements and are improvements
listed in Minnesota Statutes, Section 429.021 (hereinafter the Improvements) will be designed by the
Developer at the Developer’s expense, and approved by the City Engineer. The Developer will
prepare plans and specifications for the Improvements and will perform all construction
administration for the Improvements, all at Developer expense. Construction administration
includes but is not limited to documentation, as-builts, surveying, field staking, and testing. The City
Engineer will perform inspection services at Developer’s expense.
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the “Developer Improvements”:
A. Surveying and staking
B. Surface improvements (paved streets, sidewalks, trails, etc.)
C. Water main improvements
D. Sanitary sewer improvements
E. Storm sewer improvements
F. Setting of lot and block monuments
G. Gas, electric, telephone, and cable lines
H. Site grading
I. Landscaping
J. Streetlights
K. Other items as necessary to complete the development as stipulated herein or in other
agreements
7. Time of Performance. The Developer shall install all required improvements, excepting the wear
course of pavement, enumerated in Paragraph 6 that will serve the subject property by December 31,
2019, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other
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force majeure not within the Developer’s reasonable control. The pavement wear course shall be
completed by December 31, 2020. The Developer may, however, request an extension of time from
the City. If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
8. City-Installed Public Infrastructure. The following improvements, hereinafter referred to as “City-
Installed Public Infrastructure Improvements” (known as City Project 2018-02), shall be designed,
inspected, surveyed and administered by the City, and installed in the Subject Property at Developer
expense by a Contractor selected by the City through the public bidding process:
A. None
9. [This Section Intentionally Left Blank]
10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement,
payment of the costs of all Developer Improvements, and construction of all Developer
Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash deposit or
irrevocable letter of credit from a local bank (“security”) in the amount of Five Hundred Fifty-Eight
Thousand, One Hundred Eighty-Six Dollars ($558,186). The amount of the security was calculated as
follows:
Private Improvements Cost 110%
Grading & Erosion Control $25,000 $27,500
Erosion Control Removal $10,000 $11,000
Survey Monumentation $8,500 $9,350
Landscaping (65 trees) $19,500 $21,450
Estimate 125%
Surface Improvements $227,935 $284,919
Water Main Improvements $56,400 $70,500
Sanitary Sewer Improvements $54,384 $67,980
Storm Sewer Improvements $52,390 $65,488
Total $454,109 $558,186
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with all terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2)
weeks of receiving notice, the City may draw on the letter of credit and take such steps as it deems
necessary to remedy the default. With City approval, the letter of credit may be reduced from time to
time as financial obligations are paid and Developer Improvements and other Developer obligations
are completed to the City’s requirements.
11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
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development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities by the City is occurring simultaneously with the grading, the utility contractor
shall have preference over the grading activities. No substantial grading activities can be completed
over installed utilities unless otherwise protected. All improvements to the lots and the final grading
shall comply with the grading plan as submitted and shall be the responsibility of the Developer.
12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by the
City. Such license shall terminate as to all residential lots within the subject property upon acceptance
by the City of the public infrastructure improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by
the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72
hours after the completion of the work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as
necessary for seed retention.
All basement and/or foundation excavation spoil piles shall be kept completely off City right-of-way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed around the perimeter of each lot or at City-approved locations at the
time of building permit issuance and remain in place until the lot is seeded or sodded. A 20-foot
opening will be allowed on each lot for construction deliveries.
The parties recognize that time is critical in controlling erosion. If development does not comply with
the erosion control plan and schedule, or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion. This right also applies to the required
erosion control for basement and/or foundation excavation spoil piles. The City will attempt to
notify the Developer in advance of any proposed action, but failure of the City to do so will not affect
the Developer’s or City’s rights or obligations hereunder. If the Developer does not reimburse the
City for any cost the City incurred for such work within thirty (30) days, the City may draw down the
letter of credit to pay any costs. No development will be allowed, and no building permits will be
issued unless the Subject Property is in full compliance with the erosion control requirements.
14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the
City Planner.
15. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction
work by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and
determine whether it is necessary to take additional measures to clean dirt and debris from the streets.
After 24 hours verbal notice to the Developer, the City will complete or contract to complete the
clean-up at the Developer’s expense in accordance with the procedures specified in Paragraph 13. The
Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of
erosion/siltation and restore to the original condition at the end of home construction within this
development. All silt fence and other erosion control should be removed following the establishment
of turf. These items are to be secured through the letter of credit as is noted in Exhibit A.
16. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the Public Improvements lying within public rights-of-way and easements
shall become City property without further notice or action unless the improvements are specifically
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identified herein as private infrastructure. Sanitary sewer, storm sewer and water main are Public
Improvements. All other improvements are Private Improvements.
17. Warranty. The Developer warrants all work required to be performed by it against poor material and
faulty workmanship for a period of two (2) years after its completion and acceptance by the City or
such longer period as is specified in plans and specifications prepared by the City Engineer for
Developer Improvements that are Public Improvements. All trees, grass and sod shall be warranted
to be alive, of good quality and disease free for twenty-four (24) months after planting. Vegetation
surrounding ponds and/or wetlands shall be warranted to be alive, of good quality and weed free for
three (3) years after planting. For each pond/wetland in the development, the developer shall provide
to the City Engineer an inspection report by July 31 each year which includes the following:
A. Date of inspection
B. Name of person responsible for inspection
C. Photos of the pond/wetland area confirming the vegetation is established as intended
D. Maintenance plan describing the required maintenance activities and tentative schedule.
18. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the Subject Property including, but not limited to, Soil
and Water Conservation District charges, legal, planning, engineering and inspection expenses
incurred in connection with approval and acceptance of the subdivision and the plat, the
preparation of this Agreement and any amendments hereto, and all costs and expenses incurred
by the City in monitoring and inspecting the development of the Subject Property.
B. The Developer shall hold the City and its officers and employees harmless from claims made by
itself and third parties for damages sustained or costs incurred resulting from plat or subdivision
approval and development of the Subject Property, except for any costs or expenses arising
from the negligence or other wrongful acts or omissions of the City, it’s agents, employees or
contractors. The Developer shall indemnify the City and its officers and employees for all costs,
damages or expenses that the City may pay or incur in consequence of such claims, including
attorney’s fees.
C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of
this Agreement, including engineering and attorney’s fees. Upon request, the City shall provide
invoices, in reasonable detail, as to any such fees. The estimated City fees of $80,742 shall be
deposited with the City at the time this Agreement is signed, and represent the following
amounts as detailed in Exhibit B:
$58,666 Engineering Fees (estimate – used to reimburse the City for actual engineering
review and construction monitoring expenses)
$1,500 Attorney Fees (estimate – to be used to reimburse the City for actual legal
expenses)
$19,555 5% City Fees (non -refundable – based on estimate of construction costs of
$391,109)
$1,020 GIS Fees (non -refundable)
$80,742 Total Amount Due
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If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the
City within ten (10) days of the request. If actual City fees are lower than this estimate, any
surplus funds will be returned to the developer when the project fund is reconciled and closed.
D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt development work and construction including, but not limited to, the issuance of
building permits for lots that the Developer may or may not have sold, until the bills are paid in
full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%)
per year.
E. The Developer shall pay all energy costs for street lights installed within the Subject Property.
19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the
time of execution of any plat by the City:
A. Park dedication fees in the amount of $0 (land dedicated with previous Harmony plats)
B. Storm Sewer Trunk Area Charges in the amount of $0 (paid with Harmony 5th Addition)
C. Sanitary Sewer Trunk Area Charges in the amount of $0 (paid with Harmony 5th Addition)
D. Water Trunk Area Charges in the amount of $0 (paid with Harmony 5th Addition)
Or other amounts for such fees as in effect at the time of plat approval.
20. The Developer understands that builders will be required to pay for the Subject Property fees, charges
and assessments in effect at the time of issuance of building permits. The rates for each of these items
will be set according to the current rate structure at the time the building permit is received. The fees,
charges, and assessments in effect as of the date of this agreement are:
A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is
$2,485).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single
family currently at $770; multi-family currently at $290 per housing unit).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit).
D. Water Availability Charges per SAC unit (currently at $2,400/SAC unit for single family
residential and multi-family residential).
No building permit will be issued until all building permit fees related to such permit are paid in full.
21. Building Permits. No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City.
B. All utilities are tested, approved by the City Engineer, and in service.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued without special approval from the Building Department.
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The Developer, in executing this Agreement, assumes all liability and costs for damage or delays
incurred by the City in the construction of the Improvements caused by the Developer, its employees,
contractors, subcontractors, material men or agents. No occupancy permits shall be issued until the
streets and utilities referred to in paragraph 6 are installed and approved by the City (excluding the
final wear course of bituminous and landscaping), unless otherwise authorized in writing by the City
Engineer.
22. Record Drawings. At project completion, Developer shall submit record drawings of all public and
private infrastructure improvements in accordance with the City’s Engineering Guidelines. No
securities will be fully released until all record drawings have been submitted and accepted by the City
Engineer.
23. Developer’s Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for
the City to act, and it shall not be necessary for the City to seek a court order for permission to enter
the land. When the City does any such work, the City may, in addition to its other remedies, draw on
the letter of credit or other security described in section 10, or levy the cost in whole or in part as a
special assessment against the Subject Property. Developer waives its rights to notice of hearing and
hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes,
Section 429.081.
24. Miscellaneous.
A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal laws and
regulations including, but not limited to: subdivision ordinances, zoning ordinances and
environmental regulations. If the City determines that the subdivision, or the plat, or the
development of the Subject Property does not comply, the City may, at its option, refuse to
allow construction or development work on the Subject Property until the Developer does
comply. Upon the City’s demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Agreement.
E. If building permits are issued prior to the completion and acceptance of the Public
Improvements, the Developer assumes all liability and costs resulting from delays in
completion of the Public Improvements and damage to the Public Improvements caused by
the City, the Developer, its contractors, subcontractors, material men, employees, agents or
third parties.
F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions
of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City’s failure to promptly
take legal action to enforce this Agreement shall not be a waiver or release.
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G. This Agreement shall run with the land and may be recorded against the title to the subject
property. The Developer shall take such steps, including execution of amendments to this
Agreement, as are necessary to effect the recording hereof. After the Developer has completed
the work required of it under this Agreement, at the Developer’s request, the City will execute
and deliver to the Developer a release.
H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to the
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often and
in such order as may be deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
I. The Developer may not assign this Agreement without the written permission of the City
Council.
25. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to
the Developer, its employees or agents, or mailed to the Developer by registered mail at the following
address:
Tom Wolter, President
Timbercrest, LLC
2140 County Road 42 West
Burnsville, MN 55337
952-898-5600
timbercrest@ymail.com
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address:
City Administrator
Rosemount City Hall
2875 145th Street West
Rosemount, Minnesota 55068
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
Erin Fasbender, City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of _____________________, 2019,
by William H. Droste, Mayor, and Erin Fasbender, City Clerk, of the City of Rosemount, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
TIMBERCREST, LLC
BY:
Its
STATE OF MINNESOTA )
) SS
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this _______ day of _______________________,
2019 by ______________________________, the _______________________________ of Timbercrest,
LLC a Limited Liability Company, on behalf of said Company.
Notary Public
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
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EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are
outlined in the Subdivision Agreement:
Grading & Erosion Control – A restoration and erosion control bond to ensure re-vegetation and erosion
control ($3,500/acre). Note: The minimum surety amount is set at $25,000.
Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the
development.
Landscaping – An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a surety for that cost is not required.
Retaining Walls – An amount equal to 110% of the cost to complete the retaining wall construction.
Street Lighting – An amount equal to 110% of the cost to complete the minimum required lighting. If
additional lighting is planned, a surety for that cost is not required ($4,000 per light has been used to
calculate this cost).
Surface Improvements – In accordance with the final development plans for Harmony Parkview approved
by the City.
Water Main Improvements – In accordance with the final development plans for Harmony Parkview
approved by the City.
Sanitary Sewer Improvements – In accordance with the final development plans for Harmony Parkview
approved by the City.
Storm Sewer Improvements – In accordance with the final development plans for Harmony Parkview
approved by the City.
Harmony Parkview 2nd
EXHIBIT B (Page 1 of 2)
No.Item Cost 110%Calculation
1 Grading and Erosion Control 25,000$ 27,500$ $3500/ac x 2.08 or Minimum $25,000
2 Erosion Control Removal 10,000$ 11,000$
3 Survey Monumentation 8,500$ 9,350$ $500/lot x 17 lots
4 Retaining Wall -$ -$ N/A
5 Landscaping 19,500$ 21,450$ Per City Planner, 65 trees x $300
6 Street Lights -$ -$ N/A
7 Buffer Monumentation -$ -$ N/A
8 Surface Improvements 227,935$ 284,919$ 125%
9 Water Main Improvements 56,400$ 70,500$ 125%
10 Sanitary Sewer Improvements 54,384$ 67,980$ 125%
11 Storm Sewer Improvements 52,390$ 65,488$ 125%
Total 454,109$ 558,186$
No.Item Cost
Estimated Construction Cost 391,109$
1 Engineering Fees 58,666$
2 Attorney Fees 1,500$
3 5% City Administrative Fees 19,555$
4 Street Light Energy Cost -$
5 GIS Fees 1,020$
6 Trail Fog Seal -$
7 Seal Coating -$
Total 80,742$
No.Item Cost
1 Storm Sewer Trunk Charge -$
2 Sanitary Sewer Trunk Charge -$
3 Water Trunk Charge -$
4 Park Dedication -$
Total -$
Developer responsible for sealcoating private streets
Development Fees (due with signed agreement)
Calculation
None, land dedicated with previous Harmony plats
All trunk fees were collected with Harmony 5th Addition
Letter of Credit for Developer Improvements (due with signed agreement)
City Fees (due with signed agreement)
Calculation
City Engineer Estimation
15% of Estimate Construction Cost
Estimate
5% of Estimated Construction Cost
Developer responsible for ongoing electricity and maintenance
$60/unit x 17 lots, or $120/acre
N/A
Block Lots Units Block Lot Units SQ FT Acres
1 17 17 1 1 1 2046.000 0.047
1 2 1 1612.000 0.037
1 3 1 1612.000 0.037
1 4 1 2046.000 0.047
1 5 1 2046.000 0.047
1 6 1 1612.000 0.037
1 7 1 1612.000 0.037
Total 17 17 1 8 1 2046.000 0.047
1 9 1 2046.000 0.047
Total Plat Area =2.08 acres 1 10 1 1612.000 0.037
Total Park Area 0.00 acres 1 11 1 1612.000 0.037
Future Plat Area =0.00 acres 1 12 1 2046.000 0.047
Developable Area =2.08 acres *1 13 1 2046.000 0.047
Ponding to HWL = 0.00 acres 1 14 1 1612.000 0.037
Net Developable Area =2.08 acres 1 15 1 1612.000 0.037
1 16 1 2046.000 0.047
* Excludes future plat and park areas 1 17 1 58687.000 1.347
Outlot A 2711.000 0.062
2.081
Harmony Parkview 2nd
EXHIBIT B (Page 2 of 2)
Totals
Total Boundary Check
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ATTACHMENT ONE
Harmony Parkview 2nd
Final Plat
DRAINAGE AND UTILITY EASEMENTS BEING
5 FEET IN WIDTH, UNLESS OTHERWISE
INDICATED, ADJOINING LOT LINES, AND
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
KNOW ALL PERSONS BY THESE PRESENTS: That Timbercrest, LLC, a Minnesota limited liability company, owner of the
following described property:
Outlot C, HARMONY 5TH ADDITION, Dakota County, Minnesota
Has caused the same to be surveyed and platted as HARMONY PARKVIEW 2ND ADDITION and does hereby dedicate to the
public for public use the drainage and utility easements as created on this plat.
In witness whereof said Timbercrest, LLC, a Minnesota limited liability company, has caused these presents to be signed by
its proper officer this day of , 20 .
Timbercrest, LLC
By: , its
STATE OF
COUNTY OF
This instrument was acknowledged before me on day of , 20 ,
by , its of Timbercrest, LLC, a Minnesota limited
liability company, on behalf of the company.
County,
My commission expires
I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly
Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all
mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or
will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section
505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and
labeled on this plat.
Dated this day of , 20
______________________________________________________________
Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me on this day of , 20 ,
by Marcus F. Hampton.
County,
My commission expires January 31,
CITY PLANNING COMMISSION, CITY OF ROSEMOUNT, MINNESOTA
Approved by Planning Commission of the City of Rosemount, Minnesota this day of , 20
By:
Chair
CITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTA
This plat of HARMONY PARKVIEW 2ND ADDITION was approved and accepted by the City Council of the City of Rosemount,
Minnesota at a regular meeting thereof held this day of , 20 , and said plat is in compliance with
the provisions of Minnesota Statutes, Section 505.03, Subd. 2.
By:
Mayor Clerk
DAKOTA COUNTY SURVEYOR
I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and
approved this day of , 20 .
By:
Dakota County Surveyor
DAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore
described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer
entered this day of , 20 .
By: Director
Department Of Property Taxation and Records
COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of HARMONY PARKVIEW 2ND ADDITION was filed in the office of the County Recorder for public
record on this day of , 20 , at o'clock . M. and was duly filed in
Book of Plats, Page , as Document Number .
County Recorder
BEARINGS ARE BASED ON THE NORTH LINE OF
OUTLOT C, HARMONY ADDITION WHICH IS
ASSUMED TO HAVE A BEARING OF N 89°47'20" W
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE
REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL
BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
IRON PIPES MARKED BY R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT FOUND
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DRAWN BY
DATE
REVISIONS
PLM
2121
CAD FILE
222SS.GZJ
PROJECT NO.
222
C2.1HARMONY PARKVIEW 2ND ADDITIONROSEMO8NT MINNESOTAALTA/NSPS LAND TITLE SURVEYFORPRELIMINARY PLAT21 CO8NTY ROAD 2 WEST B8RNSVILLE MN 2 WEST C.R. 2 S8ITE 12 B8RNSVILLE MN PHONE 2.. PKDPSWRQ#MUKLQF.FRPPLANNERS EN*INEERS S8RVEYORSZZZ.MUKLQF.FRPJames R. Hill, Inc.1.The bearing system is based on the recorded
plat of HARMONY 5TH ADDITION.
NOTES
Outlot C, HARMONY 5TH ADDITION, Dakota County, Minnesota.
PROPERTY DESCRIPTION
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HARMONY 9TH ADDITION - ROSEMOUNT, MN
TYPE OF PROJECT: Residential 16 Unit Multi-Family Townhomes
TYPE OF WORK: Mass Grading, Utility and Street Construction,
Paving. Subsequently, Joint Trench and Home construction will
occur.
TOTAL PLATTED AREA: 2.08 AC
TOTAL DISTURBED AREA: 1.84 AC
PROPOSED (DESIGN) IMPERVIOUS AREA:0.80 AC
SPECIAL WATERS: The site is NOT within a 1-mile radius of a
special or impaired water.
CONSTRUCTION PHASING
The project is expected to be constructed in three phases, with mass
grading occurring during one construction season. Mass grading is
anticipated to be completed within 4 weeks from commencement of
work. Utility and street construction is anticipated to be completed
within 4 weeks from commencement of work.
POTENTIONAL FOR EROSION AND DISCHARGE OF SEDIMENT
As the site will be stripped of topsoil and vegetation for a period of
several weeks during construction, the potential for erosion will
increase. The overall gradients on the site are relatively low. The
street subcut will serve as temporary sediment basins during
construction. The project is primarily cut, and therefore perimeter
erosion will flow inward towards the project.
The risk of discharge of sediment off of the site is low, due to the
grade orientation and design. The highest potential for discharge off
the site is from the street entrance.
Contractor will be required to manage completion of 3:1 slopes such
that soil exposure is minimized. After excavation and embankments
are completed, slopes shall be re-spread with topsoil, the slope
grades certified, and erosion blanket installed as per the plan.
Contractor shall coordinate these steps to be carried out in a timely
manner.
EROSION CONTROL BMPs
The construction plans anticipate the use of, but are not limited to, the
following Erosion Control BMPs:
1.Perimeter delineation to minimize disturbed areas
2.Temporary Rock Construction Entrance
3.Temporary straw mulch as needed.
4.Seed and mulch/sod
5.Erosion Control Blanket
6.Minimize active or disturbed work areas
7.Horizontal slope grading
8.Turf Reinforcement Mat
SEDIMENT CONTROL BMPs
The construction plans anticipate the use of, but are not limited to, the
following Sediment Control BMPs
1.Sediment traps constructed in street subcut
2.Rock filter dikes in street subcut
3.Utilize permanent stormwater basin as Temporary Sediment
Basin
4.Silt Fence at project perimeter or toe of slopes
5.Inlet protection on existing catch basins
6.Inlet protection on existing culverts
7.Inlet protection after utility construction
8.Linear control along back of new curb and gutter (sod, bioroll, or
silt fence)
9.Routine street sweeping adjacent to construction entrance.
10.Ditch checks
Refer to plans for designated locations of BMPs, details and
implementation notes.
BASIN AND TRAP DEWATERING BMPs
Should the need arise for basin or trap dewatering, contractor shall
utilize a floating skimmer pump intake, such that the water is drawn
from the surface of the basin. Pumped effluent shall not be
discharged into Surface Waters in a turbid state.
Turbid effluent shall be filtered with mechanical devices, chemical
filtering, or a combination thereof, to a state of 50 NTUs or less.
STABILZATION BMPs
The construction plans anticipate the use of, but are not limited
to, the following Stabilization BMPs:
1.After lot pads are grade certified, permanent seed and
mulch can be applied, generally from the front of the
building pad, extending to the rear of the lot (areas where
no further utility construction is anticipated.)
2.After 3:1 slopes on lots are certified, permanent seed and
erosion control blanket can be applied.
3.Rip rap at pipe outfalls
4.Permanent seed and erosion control blanket on basin
slopes after grade certified.
5.After curbs are backfilled, apply permanent seed and
mulch to remaining building pads and boulevard area not
already stabilized.
6.Sod placement, as appropriate.
POLLUTION CONTROL BMPs
1.Fueling: A fixed fueling station is not anticipated.
Contractor will be required to implement BMPs for onsite
re-fueling of equipment.
2.Concrete Washout: A suggested washout area will be
specified on the plan. The developer has the ability to
adjust location or to provide alternative washout
containment.
3.There is not an anticipated need for storing chemicals,
paints, solvents or other potentially toxic or hazardous
materials on site.
SEED & MULCH SPECIFICATIONS
Seed placed for permanent cover or final stabilization requires
6” minimum topsoil cover. Exception: Infiltration basins - see
basin details for soil type). Multiple site visits will be required
to accommodate permanent or temporary stabilization as
required during the phases of construction.
(1) General Seed & Mulch
A.Seed: MNDOT 25-141 at a rate of 59 lb/acre
B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200
lb/acre
C.Mulch: MNDOT Type 1 at a rate of 2 tons/acre
(2)Temporary Cover Crop (Ponding/Infiltration/Adjacent Slope
Areas)
A.Seed: MNDOT 21-112 at a rate of 100 lb/acre
B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200
lb/acre
C.Mulch: MNDOT Type 3 at a rate of 2 tons/acre
(3)Hydro-Seeding (Stockpile)
A.Seed: MNDOT 22-111 Seed & Type Hydraulic Mulch at
a rate of 10 lb/1000 gal
B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 50
lb/1000 gal
C.Mulch: Type Hydraulic Mulch at a rate of 350 lb/1000 gal
D.Water: 875 gal/1000 gal
E.Apply at 6000 gal of Slurry per acre
(4) Stormwater Basins (Aquatic Bench up to HWL)
A.Seed: MNDOT 33-261 at a rate of 14.5 lb/acre
B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200
lb/acre
C.Mulch: MNDOT Type 3 at a rate of 2 tons/acre
INSPECTION AND MAINTENANCE OF BMPs
Routine Inspection
1.Rock Entrance - Inspect weekly. If rock becomes filled
with sediment and tracked material to the extent the
purpose ceases to function, remove the contaminated
rock and replace with new rock.
2.Silt fence - Inspect weekly, particularly for damaged
sections, breaches, down-gradient areas, flow
concentration points, scour areas and sections adjacent to
sensitive areas. Where capacity is filled to more than 50%
of depth, sediment shall be removed to restore capture
capacity.
3.Sediment traps and basins - Inspect weekly. Where
capacity is filled to more than 50% of depth, sediment
shall be removed to restore capture capacity within 72
hours of discovery.
4.Inlet Protection - Inspect weekly or more frequently as
needed after multiple rainfalls less than 0.5”. Verify intake
capacity is not compromised. Where capacity is filled to
more than 50% of depth, sediment shall be removed to
restore capture capacity.
5.Inspect other site specific BMP's on a weekly basis
minimum.
Rain Event Inspection - Mandatory, within 24 hours after a rain
event 0.5” or greater. Complete all items associated with
Routine Inspection. Furthermore, inspect site for breaches,
failures, scours and gullying. Take corrective actions as
necessary to restore functionality to the BMP's. If a given
situation is discovered to be prone to repetitive failure, advise
the Engineer and Contractor for SWPPP and BMP
amendments.
ADDITIONAL SWPPP NOTES
1.All Erosion and Sediment Control facilities shall be
maintained by the contractor during the construction
operations. Any temporary facilities which are to be
removed as called for on these plans and specifications
shall be removed by the contractor at the time directed by
the engineer. The contractor shall then restore the
subsequently disturbed areas in accordance with these
plans and specifications.
2.Wherever practical and feasible, the contractor shall
protect and preserve existing natural trees, grass and
other vegetative cover in effort to provide natural buffering
and filtering of runoff.
3.Contractor shall be adaptable in adjusting construction
schedules in anticipation of weather forecasts of
precipitation, in order to minimize risk of erosion and
sediment transport.
4.It is the responsibility of the contractor to keep public
streets, travel ways, parking lots and trails utilized for
ingress to and egress from the construction site free of
dirt, sediment and debris, resulting from construction
activity. Cost for this shall be considered incidental to the
contract.
5.Adequate control of dust shall be maintained by the
contractor. Cost for dust control shall be considered
incidental to the contract.
ESTIMATED EROSION AND SEDIMENT CONTROL QUANTITIES
ADDITIONAL SWPPP NOTES (continued)
6. Perimeter controls shall not be removed until final
stabilization of areas draining toward the control devices.
7. When temperatures do not exceed 40 degrees F, areas
that require seed and mulch stabilization shall be dormant
seeded. Application rate shall be two times the normal rate.
No dormant seeding shall be done on ice or snow greater
than 2” in depth.
8. Any areas that were seeded that do not achieve 70%
coverage shall be reseeded at the contractor's expense,
where coverage limitation is caused by lack of seed
germination and growth.
MPCA STORMWATER PERMIT - RESPONSIBILITY
The Contractor will be required to become the Permittee for the
project, until final stabilization and transfer of responsibility is
completed. Transfer of responsibility shall be completed with the
Permit Modification Form.
OWNER: Tom Wolter - Timbercrest, LLC - (952) 292-0046
PERMITTEE: TBD
OPERATOR(S): TBD
OTHER CONTACTS
ENGINEER:
Joel G. Cooper, P.E., - James R. Hill, Inc. - (952) 890-6044 (o)
TRAINING REQUIREMENTS
JOEL G. COOPER, P.E.
DESIGN OF CONSTRUCTION SWPPP
(CERTIFICATION(2017-2020))
UNIVERSITY OF MINNESOTA
INSTRUCTOR: JOHN CHAPMAN
LGU CONTACT: Brian Erickson, City Engineer/Public
Works Director - City of Rosemount - (651) 322-2022
MPCA COMPLIANCE: Amy Riegel - MPCA - (651) 757-2446
The Contractor shall follow the implementation sequence as
described on these plans. Amendments shall be made as site
conditions change. Amendments shall be proposed by
contractor and reviewed by the engineer.
All BMP's selected and implemented shall be appropriate for the
time of year, the current site conditions and for the estimated
duration of use.
These plans shall be considered part of the project SWPPP. A
copy of the SWPPP shall remain on site throughout active
construction.
1.1 Permit Coverage. [Minn. R. 7090]
1.2 This permit is required for construction activity that results in land disturbance of equal to or greater than
one (1) acre or if a project is part of a common plan of development or sale that ultimately will disturb
greater than one (1) acre, and authorizes, subject to the terms and conditions of this permit, the discharge
of stormwater associated with construction activity. [Minn. R. 7090]
1.3 Construction activity covered by this permit cannot commence until coverage under this permit is effective
as described in item 3.3 through 3.4 or, if applicable, until the Minnesota Pollution Control Agency (MPCA)
has issued an individual National Pollutant Discharge Elimination System (NPDES)/State Disposal System
(SDS) construction stormwater permit for the project. [Minn. R. 7090]
1.4 This permit covers all areas of the State of Minnesota except land wholly within the boundaries of a
federally recognized Indian Reservation owned by a tribe or a tribal member or land held in trust by the
federal government for a tribe or tribal member. [Minn. R. 7090]
1.5 Coverage under this permit is not required when all stormwater from construction activity is routed
directly to and treated by a "treatment works," as defined in Minn. Stat. Sect. 115.01, subd. 21, operated
under an individual NPDES/SDS permit with a Total Suspended Solids (TSS) effluent limit. [Minn. R. 7090]
1.6 This permit covers ongoing projects covered under any previous construction stormwater permit that are
not complete on the issuance date of this permit. Permittees must either remain in compliance with the
previous permit and terminate coverage within 18 months of the issuance date of this permit or comply
with this permit, including updating the Stormwater Pollution Prevention Plan (SWPPP), within the 18-
month period. Permittees of previously permitted projects are not required to incorporate any additional
requirements regarding the permanent stormwater treatment system included in this reissued permit.
[Minn. R. 7090]
1.7 Coverage for projects that extend beyond the expiration date of this permit remains effective for a grace
period covering project completion and Notice of Termination (NOT) submittal. If Permittees cannot
complete projects during the grace period, the MPCA will extend coverage under the next permit and
permittees must comply with the requirements of the new permit including updating the SWPPP.
Permittees are not required to follow changes to the permanent stormwater treatment section of the next
permit. [Minn. R. 7090]
2.1 Prohibitions and Limitations of Coverage. [Minn. R. 7090]
2.2 The owner must develop a complete and accurate SWPPP that complies with item 5.2 prior to submitting
the application for coverage and starting construction activity. Failure to prepare a SWPPP prior to
submitting the application may result in permit revocation. [Minn. R. 7090]
2.3 This permit prohibits discharges of any material other than stormwater treated in compliance with this
permit and discharges from dewatering or basin draining activities in accordance with Section 10.
Prohibited discharges include, but are not limited to, wastewater from washout of concrete, stucco, paint,
form release oils, curing compounds and other construction materials, fuels, oils, or other pollutants used
in vehicle and equipment operation and maintenance, soaps or solvents used in vehicle and equipment
washing and maintenance, and other hazardous substances or wastes. [Minn. R. 7090]
2.4 This permit does not authorize stormwater discharges related to the placement of fill into waters of the
state requiring local, state or federal authorizations (such as U.S. Army Corps of Engineers Section 404
permits, Minnesota Department of Natural Resources (DNR) Public Waters Work permits or local
governmental unit (LGU) Wetland Conservation Act replacement plans or determinations). [Minn. R. 7090]
2.5 This permit does not authorize stormwater discharges associated with industrial activity except for
construction activity. Permittees must obtain coverage for discharges associated with industrial activity
under a separate NPDES/SDS permit once day-to-day operational activities commence even if construction
is ongoing. [Minn. R. 7090]
2.6 This permit does not authorize discharges from non-point source agricultural and silvicultural activities
excluded from NPDES permit requirements under 40 CFR pt. 122.3(e). [Minn. R. 7090]
2.7 This permit does not authorize stormwater discharges to Prohibited, Restricted, Special or Impaired waters
unless permittees follow the additional stormwater requirements in Section 23. [Minn. R. 7090]
2.8 This permit does not replace or satisfy any environmental review requirements including those under the
Minnesota Environmental Policy Act or the National Environmental Policy Act. The owner must verify
completion of any environmental review required by law, including any required Environmental
Assessment Work Sheets or Environmental Impact Statements, Federal environmental review, or other
required review prior to applying for coverage under this permit. If any part of your common plan of
development or sale requires environmental review, coverage under this permit cannot be obtained until
such environmental review is complete. [Minn. R. 7090]
2.9 This permit does not replace or satisfy any review requirements for discharges adversely impacting State
or Federally designated endangered or threatened species or a designated critical habitat. The owner must
comply with the National Historic Preservation Act and conduct all required review and coordination
related to historic preservation, including significant anthropological sites and any burial sites, with the
Minnesota Historic Preservation Officer. [Minn. R. 7090]
2.10 This permit does not authorize discharges to wetlands unless the permittee complies with the
requirements in Section 22. [Minn. R. 7090]
3.1 Application and Coverage Effective Date. [Minn. R. 7090]
3.2 The owner and operator must submit a complete and accurate on-line application with the appropriate fee
to the MPCA for each project that disturbs one (1) or more acres of land or for a common plan of
development or sale that will ultimately disturb one (1) or more acres. [Minn. R. 7090]
3.3 For projects or common plans of development or sale that disturb less than 50 acres or do not discharge
stormwater within 1 mile (aerial radius measurement) of a special or impaired water, permittees do not
need to submit the SWPPP with the application. Permit coverage for these projects is effective upon
application and completing the payment process. [Minn. R. 7090]
3.4 For certain projects or common plans of development or sale disturbing 50 acres or more, the complete
SWPPP must be included with the application and submitted at least 30 days before the start of
construction activity. This applies if there is a discharge point on the project within one mile (aerial radius
measurement) of, and flows to, a special water listed in item 23.3 through 23.6 or an impaired water as
described in item 23.7. Permit coverage for these projects is effective upon submitting the application and
complete SWPPP, completing the payment process and receiving a determination from the MPCA that the
review of the SWPPP is complete. The determination may take longer than 30 days if the SWPPP is
incomplete. If the MPCA fails to contact the permittees within 30 days of application receipt, coverage is
effective 30 days after completing the payment process. [Minn. R. 7090]
3.5 The application requires listing all persons meeting the definition of owner and operator as permittees.
The owner is responsible for compliance with all terms and conditions of this permit. The operator is
responsible for compliance with Sections 3, 4, 6-22, 24 and applicable requirements for construction
activity in Section 23. [Minn. R. 7090]
3.6 Permittees will receive coverage notification in a manner determined by the MPCA. [Minn. R. 7090]
3.7 For construction projects where the owner or operator changes (e.g., an original developer sells portions
of the property to various homebuilders or sells the entire site to a new owner), the current owner and the
new owner or operator must submit a complete permit modification form provided by the MPCA. The
current owner and the new owner or operator must submit the form prior to the new owner or operator
commencing construction activity or no later than 30 days after taking ownership of the property. [Minn.
R. 7090]
3.8 For construction projects where the owner or operator changes, the current owner must provide a SWPPP
to the new owner and operator that specifically addresses the remaining construction activity. The new
owner or operator can implement the original SWPPP, modify the SWPPP, or develop a new SWPPP.
Permittees must ensure their activities do not render another party's erosion prevention and sediment
control BMPs ineffective. [Minn. R. 7090]
4.1 Termination of Coverage. [Minn. R. 7090]
4.2 Permittees must submit a NOT within 30 days after all termination conditions listed in Section 13 are
complete. [Minn. R. 7090]
4.3 Permittees must submit a NOT within 30 days after selling or otherwise legally transferring the entire site,
including permit responsibility for roads (e.g., street sweeping) and stormwater infrastructure final clean
out, or transferring portions of a site to another party. The permittees' coverage under this permit terminates at
midnight on the submission date of the NOT. [Minn. R. 7090]
4.4 Permittees may terminate permit coverage prior to completion of all construction activity if they meet all
of the following conditions:
a. construction activity has ceased for at least 90 days; and
b. at least 90 percent (by area) of all originally proposed construction activity has been completed and
permanent cover has been established on those areas; and
c. on areas where construction activity is not complete, permanent cover has been established; and
d. the site complies with item 13.3 through 13.7.
After permit coverage is terminated under this item, any subsequent development on the remaining
portions of the site will require permit coverage if the subsequent development itself or as part of the
remaining common plan of development or sale will result in land disturbing activities of one (1) or more
acres in size. [Minn. R. 7090]
4.5 Permittees may terminate coverage upon MPCA approval after submitting information documenting the
owner cancelled the project. [Minn. R. 7090]
5.1 Stormwater Pollution Prevention Plan (SWPPP) Content. [Minn. R. 7090]
5.2 The owner must develop a SWPPP. The SWPPP must include items 5.3 through 5.26. [Minn. R. 7090]
5.3 The SWPPP must incorporate specific Best Management Practices (BMP) used to comply with the
requirements of this permit. [Minn. R. 7090]
5.4 The SWPPP must include a narrative describing the timing for installation of all erosion prevention and
sediment control BMPs and a description of the permanent stormwater treatment systems. [Minn. R.
7090]
5.5 The SWPPP must include the location and type of all temporary and permanent erosion prevention and
sediment control BMPs along with procedures used to establish additional temporary BMPs as necessary
for the site conditions during construction. Standard details and/or specifications for BMPs must be
included in the final plans and specifications for the project. [Minn. R. 7090]
5.6 The SWPPP must include the calculations and other information used for the design of temporary
sediment basins and any of the permanent stormwater treatment systems required in Section 15. [Minn.
R. 7090]
5.7 The SWPPP must include estimated quantities anticipated at the start of the project for the life of the
project for all erosion prevention and sediment control BMPs (e.g., linear feet of silt fence or square feet
of erosion control blanket). [Minn. R. 7090]
5.8 The SWPPP must include the number of acres of impervious surface for both pre- and post-construction.
[Minn. R. 7090]
5.9 The SWPPP must include a site map with existing and final grades, including drainage area boundaries,
directions of flow and all discharge points where stormwater is leaving the site or entering a surface water.
The site map must indicate the areas of steep slopes. The site map must also include impervious surfaces,
soil types and locations of potential pollutant-generating activities as identified in Section 12. [Minn. R.
7090]
5.10 The SWPPP must include a map of all surface waters, existing wetlands, and stormwater ponds or basins
that can be identified on maps such as United States Geological Survey 7.5 minute quadrangle maps, the
National Wetland Inventory map or equivalent maps and are within one mile (aerial radius measurement)
from the project boundaries that will receive stormwater from the construction site, during or after
construction. The SWPPP must identify if the surface waters are special or impaired waters. [Minn. R.
7090]
5.11 The SWPPP must include a site map showing construction activity areas that are adjacent to and drain to
Public Waters for which the DNR has promulgated "work in water restrictions" during specified fish
spawning time frames. [Minn. R. 7090]
5.12 Permittees must identify locations of 50' buffer zones as required in item 9.17 and 100' permanent buffer
zones as required in item 23.11, on plan sheets in the SWPPP. [Minn. R. 7090]
5.13 If permittees determine compliance with the following requirements is infeasible, they must document the
determination in the SWPPP:
a. temporary sediment basins as described in Section 14; and
b. for linear projects, if the permanent stormwater treatment system cannot be constructed within the
right-of-way, a reasonable attempt must be made to obtain additional right-of-way (item 15.9); and
c. buffer zones as described in item 9.17 and item 23.11. [Minn. R. 7090]
5.14 If permittees determine that a temporary sediment basin is infeasible as described in item 14.10, the
SWPPP must describe the alternative BMPs used. [Minn. R. 7090]
5.15 Where systems cannot meet the full volume reduction requirement on site, (e.g., the site has infiltration
prohibitions, see item 16.14 through item 16.21) the permittee must document the reasons in the SWPPP.
[Minn. R. 7090]
5.16 The SWPPP must include any stormwater mitigation measures proposed to be part of the final project in
any environmental review document, endangered species review, archeological or other required local,
state or federal review conducted for the project. For purposes of this permit, mitigation measures means
actions necessary to avoid, minimize, or mitigate for impacts related to erosion prevention, sediment
control, the permanent stormwater treatment system, pollution prevention management measures and
discharges associated with the project's construction activity. [Minn. R. 7090]
5.17 The SWPPP must describe the methods used for permanent cover of all exposed soil areas. [Minn. R. 7090]
5.18 Permittees must identify the locations of areas where construction will be phased to minimize the
duration of exposed soil areas in the SWPPP. [Minn. R. 7090]
5.19 For projects with a discharge point on the project within one (1) mile (aerial radius measurement) of and
which flows to an impaired water, permittees must identify the impaired water(s), and any United States
Environmental Protection Agency (USEPA)-approved Total Maximum Daily Load (TMDL) for the
pollutant(s) or stressor(s) described in item 23.7. Permittees' identification must include those TMDLs
approved at any time prior to permit application submittal and are still in effect. [Minn. R. 7090]
5.20 Permittees must document in the SWPPP, all trained individuals identified in item 21.2. Documentation
must include:
a. names of personnel required to be trained; and
b. dates of training and name of instructor(s) and entity providing training; and
c. content of training course.
If permittees do not know the names of the individuals at the time of application, the permittees must
ensure they document training before construction activity commences. [Minn. R. 7090]
5.21 The SWPPP must identify a person knowledgeable and experienced in the application of erosion
prevention and sediment control BMPs who will coordinate with all contractors, subcontractors, and
operators on-site to oversee the implementation of the SWPPP. [Minn. R. 7090]
5.22 The SWPPP must describe any specific chemicals and chemical treatment systems used for enhancing the
sedimentation process and how it achieves compliance with item 9.18. [Minn. R. 7090]
5.23 The SWPPP must identify the person(s), organizations, or entities responsible for long-term operation and
maintenance of permanent stormwater treatment systems. [Minn. R. 7090]
5.24 The SWPPP must describe methods to minimize soil compaction and preserve topsoil. Minimizing soil
compaction is not required where the function of a specific area dictates compaction. [Minn. R. 7090]
5.25 The SWPPP must include any site assessments for groundwater or soil contamination required in item
16.15. [Minn. R. 7090]
5.26 The SWPPP must account for the following factors in designing temporary erosion prevention and
sediment control BMPs:
a. the expected amount, frequency, intensity, and duration of precipitation; and
b. the nature of stormwater runoff and run-on at the site, including factors such as expected flow from
impervious surfaces, slopes, and site drainage features; and
c. the stormwater volume, velocity, and peak flowrates to minimize discharge of pollutants in
stormwater and to minimize channel and streambank erosion and scour in the immediate vicinity of
discharge points;
and
d. the range of soil particle sizes expected to be present. [Minn. R. 7090]
6.1 SWPPP Amendments. [Minn. R. 7090]
6.2 One of the individuals described in item 21.2.a or item 21.2.b or another qualified individual must
complete all SWPPP changes. Changes involving the use of a less stringent BMP must include a justification
describing how the replacement BMP is effective for the site characteristics. [Minn. R. 7090]
6.3 Permittees must amend the SWPPP to include additional or modified BMPs as necessary to correct
problems identified or address situations whenever there is a change in design, construction, operation,
maintenance, weather or seasonal conditions having a significant effect on the discharge of pollutants to
surface waters or groundwater. [Minn. R. 7090]
6.4 Permittees must amend the SWPPP to include additional or modified BMPs as necessary to correct
problems identified or address situations whenever inspections or investigations by the site owner or
operator, USEPA or MPCA officials indicate the SWPPP is not effective in eliminating or significantly
minimizing the discharge of pollutants to surface waters or groundwater or the discharges are causing
water quality standard exceedances (e.g., nuisance conditions as defined in Minn. R. 7050.0210, subp. 2)
or the SWPPP is not consistent with the objectives of a USEPA approved TMDL. [Minn. R. 7050.0210]
7.1 BMP Selection and Installation. [Minn. R. 7090]
7.2 Permittees must select, install, and maintain the BMPs identified in the SWPPP and in this permit in an
appropriate and functional manner and in accordance with relevant manufacturer specifications and
accepted engineering practices. [Minn. R. 7090]
8.1 Erosion Prevention Practices. [Minn. R. 7090]
8.2 Before work begins, permittees must delineate the location of areas not to be disturbed. [Minn. R. 7090]
8.3 Permittees must minimize the need for disturbance of portions of the project with steep slopes. When
steep slopes must be disturbed, permittees must use techniques such as phasing and stabilization
practices designed for steep slopes (e.g., slope draining and terracing). [Minn. R. 7090]
8.4 Permittees must stabilize all exposed soil areas, including stockpiles. Stabilization must be initiated
immediately to limit soil erosion when construction activity has permanently or temporarily ceased on any
portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be
completed no later than 14 calendar days after the construction activity has ceased. Stabilization is not
required on constructed base components of roads, parking lots and similar surfaces. Stabilization is not
required on temporary stockpiles without significant silt, clay or organic components (e.g., clean aggregate
stockpiles, demolition concrete stockpiles, sand stockpiles) but permittees must provide sediment controls
at the base of the stockpile. [Minn. R. 7090]
8.5 For Public Waters that the Minnesota DNR has promulgated "work in water restrictions" during specified
fish spawning time frames, permittees must complete stabilization of all exposed soil areas within 200 feet
of the water's edge, and that drain to these waters, within 24 hours during the restriction period. [Minn. R.
7090]
8.6 Permittees must stabilize the normal wetted perimeter of the last 200 linear feet of temporary or
permanent drainage ditches or swales that drain water from the site within 24 hours after connecting to a
surface water or property edge. Permittees must complete stabilization of remaining portions of
temporary or permanent ditches or swales within 14 calendar days after connecting to a surface water or
property edge and construction in that portion of the ditch temporarily or permanently ceases. [Minn. R.
7090]
8.7 Temporary or permanent ditches or swales being used as a sediment containment system during
construction (with properly designed rock-ditch checks, bio rolls, silt dikes, etc.) do not need to be
stabilized. Permittees must stabilize these areas within 24 hours after their use as a sediment containment
system ceases. [Minn. R. 7090]
8.8 Permittees must not use mulch, hydromulch, tackifier, polyacrylamide or similar erosion prevention
practices within any portion of the normal wetted perimeter of a temporary or permanent drainage ditch
or swale section with a continuous slope of greater than 2 percent. [Minn. R. 7090]
8.9 Permittees must provide temporary or permanent energy dissipation at all pipe outlets within 24 hours after
connection to a surface water or permanent stormwater treatment system. [Minn. R. 7090]
8.10 Permittees must not disturb more land (i.e., phasing) than can be effectively inspected and maintained in
accordance with Section 11. [Minn. R. 7090]
9.1 Sediment Control Practices. [Minn. R. 7090]
9.2 Permittees must establish sediment control BMPs on all downgradient perimeters of the site and
downgradient areas of the site that drain to any surface water, including curb and gutter systems.
Permittees must locate sediment control practices upgradient of any buffer zones. Permittees must install
sediment control practices before any upgradient land-disturbing activities begin and must keep the
sediment control practices in place until they establish permanent cover. [Minn. R. 7090]
9.3 If downgradient sediment controls are overloaded, based on frequent failure or excessive maintenance
requirements, permittees must install additional upgradient sediment control practices or redundant
BMPs to eliminate the overloading and amend the SWPPP to identify these additional practices as required
in item 6.3. [Minn. R. 7090]
9.4 Temporary or permanent drainage ditches and sediment basins designed as part of a sediment
containment system (e.g., ditches with rock-check dams) require sediment control practices only as
appropriate for site conditions. [Minn. R. 7090]
9.5 A floating silt curtain placed in the water is not a sediment control BMP to satisfy item 9.2 except when
working on a shoreline or below the waterline. Immediately after the short term construction activity
(e.g., installation of rip rap along the shoreline) in that area is complete, permittees must install an upland
perimeter control practice if exposed soils still drain to a surface water. [Minn. R. 7090]
9.6 Permittees must re-install all sediment control practices adjusted or removed to accommodate short-term
activities such as clearing or grubbing, or passage of vehicles, immediately after the short-term activity is
completed. Permittees must re-install sediment control practices before the next precipitation event even
if the short-term activity is not complete. [Minn. R. 7090]
9.7 Permittees must protect all storm drain inlets using appropriate BMPs during construction until they
establish permanent cover on all areas with potential for discharging to the inlet. [Minn. R. 7090]
9.8 Permittees may remove inlet protection for a particular inlet if a specific safety concern (e.g. street
flooding/freezing) is identified by the permittees or the jurisdictional authority (e.g.,
city/county/township/Minnesota Department of Transportation engineer). Permittees must document the
need for removal in the SWPPP. [Minn. R. 7090]
9.9 Permittees must provide silt fence or other effective sediment controls at the base of stockpiles on the
downgradient perimeter. [Minn. R. 7090]
9.10 Permittees must locate stockpiles outside of natural buffers or surface waters, including stormwater
conveyances such as curb and gutter systems unless there is a bypass in place for the stormwater. [Minn.
R. 7090]
9.11 Permittees must install a vehicle tracking BMP to minimize the track out of sediment from the construction
site or onto paved roads within the site. [Minn. R. 7090]
9.12 Permittees must use street sweeping if vehicle tracking BMPs are not adequate to prevent sediment
tracking onto the street. [Minn. R. 7090]
9.13 Permittees must install temporary sediment basins as required in Section 14. [Minn. R. 7090]
9.14 In any areas of the site where final vegetative stabilization will occur, permittees must restrict vehicle and
equipment use to minimize soil compaction. [Minn. R. 7090]
9.15 Permittees must preserve topsoil on the site, unless infeasible. [Minn. R. 7090]
9.16 Permittees must direct discharges from BMPs to vegetated areas unless infeasible. [Minn. R. 7090]
9.17 Permittees must preserve a 50 foot natural buffer or, if a buffer is infeasible on the site, provide redundant
(double) perimeter sediment controls when a surface water is located within 50 feet of the project's earth
disturbances and stormwater flows to the surface water. Permittees must install perimeter sediment
controls at least 5 feet apart unless limited by lack of available space. Natural buffers are not required
adjacent to road ditches, judicial ditches, county ditches, stormwater conveyance channels, storm drain
inlets, and sediment basins. If preserving the buffer is infeasible, permittees must document the reasons in
the SWPPP. Sheet piling is a redundant perimeter control if installed in a manner that retains all stormwater.
[Minn. R. 7090]
9.18 Permittees must use polymers, flocculants, or other sedimentation treatment chemicals in accordance
with accepted engineering practices, dosing specifications and sediment removal design specifications
provided by the manufacturer or supplier. The permittees must use conventional erosion and sediment
controls prior to chemical addition and must direct treated stormwater to a sediment control system for
filtration or settlement of the floc prior to discharge. [Minn. R. 7090]
10.1 Dewatering and Basin Draining. [Minn. R. 7090]
10.2 Permittees must discharge turbid or sediment-laden waters related to dewatering or basin draining (e.g.,
pumped discharges, trench/ditch cuts for drainage) to a temporary or permanent sediment basin on the
project site unless infeasible. Permittees may dewater to surface waters if they visually check to ensure
adequate treatment has been obtained and nuisance conditions (see Minn. R. 7050.0210, subp. 2) will not
result from the discharge. If permittees cannot discharge the water to a sedimentation basin prior to
entering a surface water, permittees must treat it with appropriate BMPs such that the discharge does not
adversely affect the surface water or downstream properties. [Minn. R. 7050.0210]
10.3 If permittees must discharge water containing oil or grease, they must use an oil-water separator or
suitable filtration device (e.g., cartridge filters, absorbents pads) prior to discharge. [Minn. R. 7090]
10.4 Permittees must discharge all water from dewatering or basin-draining activities in a manner that does not
cause erosion or scour in the immediate vicinity of discharge points or inundation of wetlands in the
immediate vicinity of discharge points that causes significant adverse impact to the wetland. [Minn. R.
7090]
10.5 If permittees use filters with backwash water, they must haul the backwash water away for disposal,
return the backwash water to the beginning of the treatment process, or incorporate the backwash water
into the site in a manner that does not cause erosion. [Minn. R. 7090]
11.1 Inspections and Maintenance. [Minn. R. 7090]
11.2 Permittees must ensure a trained person, as identified in item 21.2.b, will inspect the entire construction
site at least once every seven (7) days during active construction and within 24 hours after a rainfall event
greater than 1/2 inch in 24 hours. [Minn. R. 7090]
11.3 Permittees must inspect and maintain all permanent stormwater treatment BMPs. [Minn. R. 7090]
11.4 Permittees must inspect all erosion prevention and sediment control BMPs and Pollution Prevention
Management Measures to ensure integrity and effectiveness. Permittees must repair, replace or
supplement all nonfunctional BMPs with functional BMPs by the end of the next business day after
discovery unless another time frame is specified in item 11.5 or 11.6. Permittees may take additional time
if field conditions prevent access to the area. [Minn. R. 7090]
11.5 During each inspection, permittees must inspect surface waters, including drainage ditches and
conveyance systems but not curb and gutter systems, for evidence of erosion and sediment deposition.
Permittees must remove all deltas and sediment deposited in surface waters, including drainage ways,
catch basins, and other drainage systems and restabilize the areas where sediment removal results in
exposed soil. Permittees must complete removal and stabilization within seven (7) calendar days of
discovery unless precluded by legal, regulatory, or physical access constraints. Permittees must use all
reasonable efforts to obtain access. If precluded, removal and stabilization must take place within seven
(7) days of obtaining access. Permittees are responsible for contacting all local, regional, state and federal
authorities and receiving any applicable permits, prior to conducting any work in surface waters. [Minn. R.
7090]
11.6 Permittees must inspect construction site vehicle exit locations, streets and curb and gutter systems within
and adjacent to the project for sedimentation from erosion or tracked sediment from vehicles. Permittees
must remove sediment from all paved surfaces within one (1) calendar day of discovery or, if applicable,
within a shorter time to avoid a safety hazard to users of public streets. [Minn. R. 7090]
11.7 Permittees must repair, replace or supplement all perimeter control devices when they become
nonfunctional or the sediment reaches 1/2 of the height of the device. [Minn. R. 7090]
11.8 Permittees must drain temporary and permanent sedimentation basins and remove the sediment when
the depth of sediment collected in the basin reaches 1/2 the storage volume. [Minn. R. 7090]
11.9 Permittees must ensure that at least one individual present on the site (or available to the project site in three (3)
calendar days) is trained in the job duties described in item 21.2.b. [Minn. R. 7090]
11.10 Permittees may adjust the inspection schedule described in item 11.2 as follows:
a. inspections of areas with permanent cover can be reduced to once per month, even if construction
activity continues on other portions of the site; or
b. where sites have permanent cover on all exposed soil and no construction activity is occurring anywhere
on the site, inspections can be reduced to once per month and, after 12 months, may be suspended
completely until construction activity resumes. The MPCA may require inspections to resume if conditions
warrant; or
c. where construction activity has been suspended due to frozen ground conditions, inspections may be
suspended. Inspections must resume within 24 hours of runoff occurring, or upon resuming construction,
whichever comes first. [Minn. R. 7090]
11.11 Permittees must record all inspections and maintenance activities within 24 hours of being conducted and
these records must be retained with the SWPPP. These records must include:
a. date and time of inspections; and
b. name of persons conducting inspections; and
c. accurate findings of inspections, including the specific location where corrective actions are needed; and
d. corrective actions taken (including dates, times, and party completing maintenance activities); and
e. date of all rainfall events greater than 1/2 inches in 24 hours, and the amount of rainfall for each event.
Permittees must obtain rainfall amounts by either a properly maintained rain gauge installed onsite, a
weather station that is within one (1) mile of your location, or a weather reporting system that provides
site specific rainfall data from radar summaries; and
f. if permittees observe a discharge during the inspection, they must record and should photograph and
describe the location of the discharge (i.e., color, odor, settled or suspended solids, oil sheen, and other
obvious indicators of pollutants); and
g. any amendments to the SWPPP proposed as a result of the inspection must be documented as required
in Section 6 within seven (7) calendar days. [Minn. R. 7090]
12.1 Pollution Prevention Management Measures. [Minn. R. 7090]
12.2 Permittees must place building products and landscape materials under cover (e.g., plastic sheeting or
temporary roofs) or protect them by similarly effective means designed to minimize contact with
stormwater. Permittees are not required to cover or protect products which are either not a source of
contamination to stormwater or are designed to be exposed to stormwater. [Minn. R. 7090]
12.3 Permittees must place pesticides, fertilizers and treatment chemicals under cover (e.g., plastic sheeting or
temporary roofs) or protect them by similarly effective means designed to minimize contact with
stormwater. [Minn. R. 7090]
12.4 Permittees must store hazardous materials and toxic waste, (including oil, diesel fuel, gasoline, hydraulic
fluids, paint solvents, petroleum-based products, wood preservatives, additives, curing compounds, and
acids) in sealed containers to prevent spills, leaks or other discharge. Storage and disposal of hazardous
waste materials must be in compliance with Minn. R. ch. 7045 including secondary containment as
applicable. [Minn. R. 7090]
12.5 Permittees must properly store, collect and dispose solid waste in compliance with Minn. R. ch. 7035.
[Minn. R. 7035]
12.6 Permittees must position portable toilets so they are secure and will not tip or be knocked over.
Permittees must properly dispose sanitary waste in accordance with Minn. R. ch. 7041. [Minn. R. 7041]
12.7 Permittees must take reasonable steps to prevent the discharge of spilled or leaked chemicals, including
fuel, from any area where chemicals or fuel will be loaded or unloaded including the use of drip pans or
absorbents unless infeasible. Permittees must ensure adequate supplies are available at all times to clean
up discharged materials and that an appropriate disposal method is available for recovered spilled
materials. Permittees must report and clean up spills immediately as required by Minn. Stat. 115.061,
using dry clean up measures where possible. [Minn. Stat. 115.061]
12.8 Permittees must limit vehicle exterior washing and equipment to a defined area of the site. Permittees
must contain runoff from the washing area in a sediment basin or other similarly effective controls and must
dispose waste from the washing activity properly. Permittees must properly use and store soaps,
detergents, or solvents. [Minn. R. 7090]
12.9 Permittees must provide effective containment for all liquid and solid wastes generated by washout
operations (e.g., concrete, stucco, paint, form release oils, curing compounds and other construction
materials) related to the construction activity. Permittees must prevent liquid and solid washout wastes
from contacting the ground and must design the containment so it does not result in runoff from the
washout operations or areas. Permittees must properly dispose liquid and solid wastes in compliance with
MPCA rules. Permittees must install a sign indicating the location of the washout facility. [Minn. R. 7035,
Minn. R. 7090]
13.1 Permit Termination Conditions. [Minn. R. 7090]
13.2 Permittees must complete all construction activity and must install permanent cover over all areas prior to
submitting the NOT. Vegetative cover must consist of a uniform perennial vegetation with a density of 70
percent of its expected final growth. Vegetation is not required where the function of a specific area
dictates no vegetation, such as impervious surfaces or the base of a sand filter. [Minn. R. 7090]
13.3 Permittees must clean the permanent stormwater treatment system of any accumulated sediment and
must ensure the system meets all applicable requirements in Section 15 through 19 and is operating as
designed. [Minn. R. 7090]
13.4 Permittees must remove all sediment from conveyance systems prior to submitting the NOT. [Minn. R.
7090]
13.5 Permittees must remove all temporary synthetic erosion prevention and sediment control BMPs prior to
submitting the NOT. Permittees may leave BMPs designed to decompose on-site in place. [Minn. R. 7090]
13.6 For residential construction only, permit coverage terminates on individual lots if the structures are
finished and temporary erosion prevention and downgradient perimeter control is complete, the
residence sells to the homeowner, and the permittee distributes the MPCA's "Homeowner Fact Sheet" to
the homeowner. [Minn. R. 7090]
13.7 For construction projects on agricultural land (e.g., pipelines across cropland), permittees must return the
disturbed land to its preconstruction agricultural use prior to submitting the NOT. [Minn. R. 7090]
14.1 Temporary Sediment Basins. [Minn. R. 7090]
14.2 Where ten (10) or more acres of disturbed soil drain to a common location, permittees must provide a
temporary sediment basin to provide treatment of the runoff before it leaves the construction site or
enters surface waters. Permittees may convert a temporary sediment basin to a permanent basin after
construction is complete. The temporary basin is no longer required when permanent cover has reduced
the acreage of disturbed soil to less than ten (10) acres draining to a common location. [Minn. R. 7090]
14.3 The temporary basin must provide live storage for a calculated volume of runoff from a two (2)-year, 24-
hour storm from each acre drained to the basin or 1,800 cubic feet of live storage per acre drained,
whichever is greater. [Minn. R. 7090]
14.4 Where permittees have not calculated the two (2)-year, 24-hour storm runoff amount, the temporary
basin must provide 3,600 cubic feet of live storage per acre of the basins' drainage area. [Minn. R. 7090]
14.5 Permittees must design basin outlets to prevent short-circuiting and the discharge of floating debris.
[Minn. R. 7090]
14.6 Permittees must design the outlet structure to withdraw water from the surface to minimize the discharge
of pollutants. Permittees may temporarily suspend the use of a surface withdrawal mechanism during
frozen conditions. The basin must include a stabilized emergency overflow to prevent failure of pond
integrity. [Minn. R. 7090]
14.7 Permittees must provide energy dissipation for the basin outlet within 24 hours after connection to a
surface water. [Minn. R. 7090]
14.8 Permittees must locate temporary basins outside of surface waters and any buffer zone required in item
23.11. [Minn. R. 7090]
14.9 Permittees must construct the temporary basins prior to disturbing 10 or more acres of soil draining to a
common location. [Minn. R. 7090]
14.10 Where a temporary sediment basin meeting the requirements of item 14.3 through 14.9 is infeasible, permittees
must install effective sediment controls such as smaller sediment basins and/or sediment traps,
silt fences, vegetative buffer strips or any appropriate combination of measures as dictated by individual
site conditions. In determining whether installing a sediment basin is infeasible, permittees must consider
public safety and may consider factors such as site soils, slope, and available area on-site. Permittees must
document this determination of infeasibility in the SWPPP. [Minn. R. 7090]
15.1 Permanent Stormwater Treatment System. [Minn. R. 7090]
15.2 Permittees must design the project so all stormwater discharged from the project during and after
construction activities does not cause a violation of state water quality standards, including nuisance
conditions, erosion in receiving channels or on downslope properties, or a significant adverse impact to
wetlands caused by inundation or decrease of flow. [Minn. R. 7090]
15.3 Permittees must design and construct a permanent stormwater treatment system to treat the water
quality volume if the project's ultimate development replaces vegetation and/or other pervious surfaces
creating a net increase of one (1) or more acres of cumulative impervious surface. [Minn. R. 7090]
15.4 Permittees must calculate the water quality volume as one (1) inch times the net increase of impervious
surfaces created by the project. [Minn. R. 7090]
15.5 Permittees must first consider volume reduction practices on-site (e.g., infiltration or other) when
designing the permanent stormwater treatment system. If this permit prohibits infiltration as described in
item 16.14 through item 16.21, permittees may consider a wet sedimentation basin, filtration basin or
regional pond. This permit does not consider wet sedimentation basins and filtration systems to be volume
reduction practices. [Minn. R. 7090]
15.6 For projects where the full volume reduction requirement cannot be met on-site, (e.g., the site has
infiltration prohibitions), permittees must document the reasons in the SWPPP. [Minn. R. 7090]
15.7 Permittees must discharge the water quality volume to a permanent stormwater treatment system prior
to discharge to a surface water. For purposes of this item, surface waters do not include man-made
drainage systems that convey stormwater to a permanent stormwater treatment system. [Minn. R. 7090]
15.8 Where the proximity to bedrock precludes the installation of any of the permanent stormwater treatment
practices required by Sections 15 through 19, permittees must install other treatment such as grassed
swales, smaller ponds, or grit chambers, prior to the discharge of stormwater to surface waters. [Minn. R.
7090]
15.9 For linear projects where permittees cannot treat the entire water quality volume within the existing rightof-way,
permittees must make a reasonable attempt to obtain additional right-of-way, easement or other
permission for stormwater treatment during the project planning process. Documentation of these
attempts must be in the SWPPP. Permittees must still consider volume reduction practices first as
described in item 15.5. If permittees cannot obtain additional right-of-way, easement or other permission,
they must maximize the treatment of the water quality volume prior to discharge to surface waters.
[Minn. R. 7090]
16.1 Infiltration Systems. [Minn. R. 7090]
16.2 Infiltration options include, but are not limited to: infiltration basins, infiltration trenches, rainwater
gardens, bioretention areas without underdrains, swales with impermeable check dams, and natural
depressions. If permittees utilize an infiltration system to meet the requirements of this permit, they must
incorporate the design parameters in item 16.3 through item 16.21. Permittees must follow the infiltration
prohibition in item 16.14 anytime an infiltration system is designed, including those not required by this
permit. [Minn. R. 7090]
16.3 Permittees must design infiltration systems such that pre-existing hydrologic conditions of wetlands in the
vicinity are not impacted (e.g., inundation or breaching a perched water table supporting a wetland).
[Minn. R. 7090]
16.4 Permittees must not excavate infiltration systems to final grade, or within three (3) feet of final grade, until
the contributing drainage area has been constructed and fully stabilized unless they provide rigorous
erosion prevention and sediment controls (e.g., diversion berms) to keep sediment and runoff completely
away from the infiltration area. [Minn. R. 7090]
16.5 When excavating an infiltration system to within three (3) feet of final grade, permittees must stake off
and mark the area so heavy construction vehicles or equipment do not compact the soil in the infiltration area.
[Minn. R. 7090]
16.6 Permittees must use a pretreatment device such as a vegetated filter strip, forebay, or water quality inlet
(e.g., grit chamber) to remove solids, floating materials, and oil and grease from the runoff, to the
maximum extent practicable, before the system routes stormwater to the infiltration system. [Minn. R.
7090]
16.7 Permittees must design infiltration systems to provide a water quality volume (calculated as an
instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated
by another system on the site, from the net increase of impervious surfaces created by the project. [Minn.
R. 7090]
16.8 Permittees must design the infiltration system to discharge all stormwater (including stormwater in excess
of the water quality volume) routed to the system through the uppermost soil surface or engineered
media surface within 48 hours. Permittees must route additional flows that cannot infiltrate within 48
hours to bypass the system through a stabilized discharge point. [Minn. R. 7090]
16.9 Permittees must provide a means to visually verify the infiltration system is discharging through the soil
surface or filter media surface within 48 hours or less. [Minn. R. 7090]
16.10 Permittees must provide at least one soil boring, test pit or infiltrometer test in the location of the
infiltration practice for determining infiltration rates. [Minn. R. 7090]
16.11 For design purposes, permittees must divide field measured infiltration rates by 2 as a safety factor or
permittees can use soil-boring results with the infiltration rate chart in the Minnesota Stormwater Manual
to determine design infiltration rates. When soil borings indicate type A soils, permittees should perform
field measurements to verify the rate is not above 8.3 inches per hour. This permit prohibits infiltration if
the field measured infiltration rate is above 8.3 inches per hour. [Minn. R. 7090]
16.12 Permittees must employ appropriate on-site testing ensure a minimum of three (3) feet of separation from
the seasonally saturated soils (or from bedrock) and the bottom of the proposed infiltration system.
[Minn. R. 7090]
16.13 Permittees must design a maintenance access, typically eight (8) feet wide, for the infiltration system.
[Minn. R. 7090]
16.14 This permit prohibits permittees from constructing infiltration systems that receive runoff from vehicle
fueling and maintenance areas including construction of infiltration systems not required by this permit.
[Minn. R. 7090]
16.15 This permit prohibits permittees from constructing infiltration systems where infiltrating stormwater may
mobilize high levels of contaminants in soil or groundwater. Permittees must either complete the MPCA's
contamination screening checklist or conduct their own assessment to determine the suitability for
infiltration. Permittees must retain the checklist or assessment with the SWPPP.
For more information and to access the MPCA's "contamination screening checklist" see the Minnesota
Stormwater Manual. [Minn. R. 7090]
16.16 This permit prohibits permittees from constructing infiltration systems in areas where soil infiltration rates
are field measured at more than 8.3 inches per hour unless they amend soils to slow the infiltration rate
below 8.3 inches per hour. [Minn. R. 7090]
16.17 This permit prohibits permittees from constructing infiltration systems in areas with less than three (3)
feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally
saturated soils or the top of bedrock. [Minn. R. 7090]
16.18 This permit prohibits permittees from constructing infiltration systems in areas of predominately
Hydrologic Soil Group type D soils (clay). [Minn. R. 7090]
16.19 This permit prohibits permittees from constructing infiltration systems within a Drinking Water Supply
Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13, if the system will be located:
a. in an Emergency Response Area (ERA) within a DWSMA classified as having high or very high
vulnerability as defined by the Minnesota Department of Health; or
b. in an ERA within a DWSMA classified as moderate vulnerability unless a regulated MS4 Permittee
performed or approved a higher level of engineering review sufficient to provide a functioning
treatment system and to prevent adverse impacts to groundwater; or
c. outside of an ERA within a DWSMA classified as having high or very high vulnerability, unless a
regulated MS4 Permittee performed or approved a higher level of engineering review sufficient
to provide a functioning treatment system and to prevent adverse impacts to groundwater.
See "higher level of engineering review" in the Minnesota Stormwater Manual for more information.
[Minn. R. 7090]
16.20 This permit prohibits permittees from constructing infiltration systems in areas within 1,000 feet
upgradient or 100 feet downgradient of active karst features. [Minn. R. 7090]
16.21 This permit prohibits permittees from constructing infiltration systems in areas that receive runoff from
the following industrial facilities not authorized to infiltrate stormwater under the NPDES stormwater
permit for industrial activities: automobile salvage yards; scrap recycling and waste recycling facilities;
hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct
deicing activities. [Minn. R. 7090]
17.1 Filtration Systems. [Minn. R. 7090]
17.2 Filtration options include, but are not limited to: sand filters with underdrains, biofiltration areas, swales
using underdrains with impermeable check dams and underground sand filters. If permittees utilize a
filtration system to meet the permanent stormwater treatment requirements of this permit, they must
comply with items 17.3 through 17.11. [Minn. R. 7090]
17.3 Permittees must not install filter media until they construct and fully stabilize the contributing drainage
area unless they provide rigorous erosion prevention and sediment controls (e.g., diversion berms) to keep
sediment and runoff completely away from the filtration area. [Minn. R. 7090]
17.4 Permittees must design filtration systems to remove at least 80 percent of TSS. [Minn. R. 7090]
17.5 Permittees must use a pretreatment device such as a vegetated filter strip, small sedimentation basin,
water quality inlet, forebay or hydrodynamic separator to remove settleable solids, floating materials, and
oils and grease from the runoff, to the maximum extent practicable, before runoff enters the filtration
system. [Minn. R. 7090]
17.6 Permittees must design filtration systems to treat a water quality volume (calculated as an instantaneous
volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another
system on the site, from the net increase of impervious surfaces created by the project. [Minn. R. 7090]
17.7 Permittees must design the filtration system to discharge all stormwater (including stormwater in excess
of the water quality volume) routed to the system through the uppermost soil surface or engineered
media surface within 48 hours. Additional flows that the system cannot filter within 48 hours must bypass
the system or discharge through an emergency overflow. [Minn. R. 7090]
17.8 Permittees must design the filtration system to provide a means to visually verify the system is discharging
through the soil surface or filter media within 48 hours. [Minn. R. 7090]
17.9 Permittees must employ appropriate on-site testing to ensure a minimum of three (3) feet of separation
between the seasonally saturated soils (or from bedrock) and the bottom of the proposed filtration
system. [Minn. R. 7090]
17.10 Permittees must ensure that filtration systems with less than three (3) feet of separation between
seasonally saturated soils or from bedrock are constructed with an impermeable liner. [Minn. R. 7090]
17.11 The permittees must design a maintenance access, typically eight (8) feet wide, for the filtration system.
[Minn. R. 7090]
18.1 Wet Sedimentation Basin. [Minn. R. 7090]
18.2 Permittees using a wet sedimentation basin to meet the permanent stormwater treatment requirements
of this permit must incorporate the design parameters in item 18.3 through 18.10. [Minn. R. 7090]
18.3 Permittees must design the basin to have a permanent volume of 1,800 cubic feet of storage below the
outlet pipe for each acre that drains to the basin. The basin's permanent volume must reach a minimum
depth of at least three (3) feet and must have no depth greater than 10 feet. Permittees must configure
the basin to minimize scour or resuspension of solids. [Minn. R. 7090]
18.4 Permittees must design the basin to provide live storage for a water quality volume (calculated as an
instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated
by another system on the site, from the net increase in impervious surfaces created by the project. [Minn.R. 7090]
18.5 Permittees must design basin outlets so the water quality volume discharges at no more than 5.66 cubic
feet per second (cfs) per acre of surface area of the basin. [Minn. R. 7090]
18.6 Permittees must design basin outlets to prevent short-circuiting and the discharge of floating debris. Basin
outlets must have energy dissipation. [Minn. R. 7090]
18.7 Permittees must design the basin to include a stabilized emergency overflow to accommodate storm
events in excess of the basin's hydraulic design. [Minn. R. 7090]
18.8 Permittees must design a maintenance access, typically eight (8) feet wide, for the basin. [Minn. R. 7090]
18.9 Permittees must locate basins outside of surface waters and any buffer zone required in item 23.11.
Permittees must design basins to avoid draining water from wetlands unless the impact to the wetland
complies with the requirements of Section 22. [Minn. R. 7090]
18.10 Permittees must design basins using an impermeable liner if located within active karst terrain. [Minn. R.7090]
19.1 Regional Wet Sedimentation Basins. [Minn. R. 7090]
19.2 When the entire water quality volume cannot be retained onsite, permittees can use or create regional
wet sedimentation basins provided they are constructed basins, not a natural wetland or water body,
(wetlands used as regional basins must be mitigated for, see Section 22). The owner must ensure the
regional basin conforms to all requirements for a wet sedimentation basin as described in items 18.3
through 18.10 and must be large enough to account for the entire area that drains to the regional basin.
Permittees must verify that the regional basin will discharge at no more than 5.66 cfs per acre of surface
area of the basin and must provide a live storage volume of one inch times all the impervious area draining
to the basin. Permittees cannot significantly degrade waterways between the project and the regional
basin. The owner must obtain written authorization from the applicable LGU or private entity that owns
and maintains the regional basin. [Minn. R. 7090]
20.1 SWPPP Availability. [Minn. R. 7090]
20.2 Permittees must keep the SWPPP, including all changes to it, and inspections and maintenance records at
the site during normal working hours by permittees who have operational control of that portion of the
site. [Minn. R. 7090]
21.1 Training Requirements. [Minn. R. 7090]
21.2 Permittees must ensure all of the following individuals receive training and the content and extent of the
training is commensurate with the individual's job duties and responsibilities with regard to activities
covered under this permit:
a. Individuals preparing the SWPPP for the project.
b. Individuals overseeing implementation of, revising and/or amending the SWPPP and individuals
performing inspections for the project. One of these individuals must be available for an onsite
inspection within 72 hours upon request by the MPCA.
c. Individuals performing or supervising the installation, maintenance and repair of BMPs. [Minn. R. 7090]
21.3 Permittees must ensure individuals identified in Section 21 receive training from local, state, federal
agencies, professional organizations, or other entities with expertise in erosion prevention, sediment
control, permanent stormwater treatment and the Minnesota NPDES/SDS Construction Stormwater
permit. Permittees must ensure these individuals attend a refresher-training course every three (3) years.[Minn. R. 7090]
22.1 Requirements for Discharges to Wetlands. [Minn. R. 7050.0186]
22.2 If the project has any discharges with the potential for significant adverse impacts to a wetland, (e.g.,
conversion of a natural wetland to a stormwater pond) permittees must demonstrate that the wetland
mitigative sequence has been followed in accordance with items 22.3 or 22.4. [Minn. R. 7050.0186]
22.3 If the potential adverse impacts to a wetland on a specific project site are addressed by permits or other
approvals from an official statewide program (U.S. Army Corps of Engineers 404 program, Minnesota Department of
Natural Resources, or the State of Minnesota Wetland Conservation Act) that are issued
specifically for the project and project site, permittees may use the permit or other determination issued
by these agencies to show the potential adverse impacts are addressed. For purposes of this permit,
deminimus actions are determinations by the permitting agency that address the project impacts, whereas
a non-jurisdictional determination does not address project impacts. [Minn. R. 7090]
22.4 If there are impacts from the project not addressed in one of the permits or other determinations
discussed in item 22.3 (e.g., permanent inundation or flooding of the wetland, significant degradation of
water quality, excavation, filling, draining), permittees must minimize all adverse impacts to wetlands by
utilizing appropriate measures. Permittees must use measures based on the nature of the wetland, its
vegetative community types and the established hydrology. These measures include in order of
preference:
a. avoid all significant adverse impacts to wetlands from the project and post-project discharge;
b. minimize any unavoidable impacts from the project and post-project discharge;
c. provide compensatory mitigation when the permittees determine(s) that there is no reasonable and
practicable alternative to having a significant adverse impact on a wetland. For compensatory mitigation,
wetland restoration or creation must be of the same type, size and whenever reasonable and practicable
in the same watershed as the impacted wetland. [Minn. R. 7050.0186]
23.1 Additional Requirements for Discharges to Special (Prohibited, Restricted, Other) and Impaired Waters. [Minn. R. 7090]
23.2 The BMPs identified for each special or impaired water are required for those areas of the project draining
to a discharge point on the project that is within one mile (aerial radius measurement) of special or
impaired water and flows to that special or impaired water. [Minn. R. 7090]
23.3 Discharges to the following special waters identified as Prohibited in Minn. R. 7050.0035 Subp. 3 must
incorporate the BMPs outlined in items 23.9, 23.10, 23.11, 23.13 and 23.14:
a. Boundary Waters Canoe Area Wilderness; Voyageurs National Park; Kettle River from the site of the
former dam at Sandstone to its confluence with the Saint Croix River; Rum River from Ogechie Lake
spillway to the northernmost confluence with Lake Onamia.
b. Those portions of Lake Superior North of latitude 47 degrees, 57 minutes, 13 seconds, East of Hat Point,
South of the Minnesota-Ontario boundary, and West of the Minnesota-Michigan boundary;
c. Scientific and Natural Areas identified as in Minn. R. 7050.0335 Subp. 3: Boot Lake, Anoka County; Kettle
River in sections 15, 22, 23, T 41 N, R 20, Pine County; Pennington Bog, Beltrami County; Purvis Lake-Ober
Foundation, Saint Louis County; waters within the borders of Itasca Wilderness Sanctuary, Clearwater
County; Wolsfeld Woods, Hennepin County; Green Water Lake, Becker County; Blackdog Preserve, Dakota
County; Prairie Bush Clover, Jackson County; Black Lake Bog, Pine County; Pembina Trail Preserve, Polk
County; and Falls Creek, Washington County. [Minn. R. 7050.0335, Subp. 3]
23.4 Discharges to the following special waters identified as Restricted must incorporate the BMPs outlined in
items 23.9, 23.10 and 23.11:
a. Lake Superior, except those portions identified as prohibited in item 23.3.b;
b. Mississippi River in those portions from Lake Itasca to the southerly boundary of Morrison County that
are included in the Mississippi Headwaters Board comprehensive plan dated February 12, 1981;
c. Scenic or Recreational River Segments: Saint Croix River, entire length; Cannon River from northern city
limits of Faribault to its confluence with the Mississippi River; North Fork of the Crow River from Lake
Koronis outlet to the Meeker-Wright county line; Kettle River from north Pine County line to the site of the
former dam at Sandstone; Minnesota River from Lac que Parle dam to Redwood County State Aid Highway
11; Mississippi River from County State Aid Highway 7 bridge in Saint Cloud to northwestern city limits of
Anoka; and Rum River from State Highway 27 bridge in Onamia to Madison and Rice streets in Anoka;
d. Lake Trout Lakes identified in Minn. R. 7050.0335 including lake trout lakes inside the boundaries of the
Boundary Waters Canoe Area Wilderness and Voyageurs National Park;
e. Calcareous Fens listed in Minn. R. 7050.0335, Subp. 1. [Minn. R. 7050.0335, Subp. 1]
23.5 Discharges to the Trout Lakes (other special water) identified in Minn. R. 6264.0050, subp. 2 must
incorporate the BMPs outlined in items 23.9, 23.10 and 23.11. [Minn. R. 6264.0050, Subp. 2]
23.6 Discharges to the Trout Streams (other special water) listed in Minn. R. 6264.0050, subp. 4 must
incorporate the BMPs outlined in items 23.9, 23.10, 23.11 and 23.12. [Minn. R. 6264.0050, Subp. 4]
23.7 Discharges to impaired waters or a water with an USEPA approved TMDL for any of the impairments listed
in this item must incorporate the BMPs outlined in items 23.9 and 23.10. Impaired waters are waters
identified as impaired under section 303 (d) of the federal Clean Water Act for phosphorus (nutrient
eutrophication biological indicators), turbidity, TSS, dissolved oxygen or aquatic biota (fish bioassessment,
aquatic plant bioassessment and aquatic macroinvertebrate bioassessment). Terms used for the pollutants
or stressors in this item are subject to change. The MPCA will list terminology changes on its construction
stormwater website. [Minn. R. 7090]
23.8 Where the additional BMPs in this Section conflict with requirements elsewhere in this permit, items 23.9
through 23.14 take precedence. [Minn. R. 7090]
23.9 Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and
complete the stabilization within seven (7) calendar days after the construction activity in that portion of
the site temporarily or permanently ceases. [Minn. R. 7090]
23.10 Permittees must provide a temporary sediment basin as described in Section 14 for common drainage
locations that serve an area with five (5) or more acres disturbed at one time. [Minn. R. 7090]
23.11 Permittees must include an undisturbed buffer zone of not less than 100 linear feet from a special water
(not including tributaries) and must maintain this buffer zone at all times, both during construction and as
a permanent feature post construction, except where a water crossing or other encroachment is necessary
to complete the project. Permittees must fully document the circumstance and reasons the buffer
encroachment is necessary in the SWPPP and include restoration activities. This permit allows replacement
of existing impervious surface within the buffer. Permittees must minimize all potential water quality,
scenic and other environmental impacts of these exceptions by the use of additional or redundant
(double) BMPs and must document this in the SWPPP for the project. [Minn. R. 7090]
23.12 Permittees must design the permanent stormwater treatment system so the discharge from the project
minimizes any increase in the temperature of trout streams resulting from the one (1) and two (2) year 24-
hour precipitation events. This includes all tributaries of designated trout streams located within the same
Public Land Survey System (PLSS) Section. Permittees must incorporate one or more of the following
measures, in order of preference:
a. Provide stormwater infiltration or other volume reduction practices as described in item 15.4 and 15.5,
to reduce runoff. Infiltration systems must discharge all stormwater routed to the system within 24 hours.
b. Provide stormwater filtration as described in Section 17. Filtration systems must discharge all
stormwater routed to the system within 24 hours.
c. Minimize the discharge from connected impervious surfaces by discharging to vegetated areas, or grass
swales, and through the use of other non-structural controls.
d. If ponding is used, the design must include an appropriate combination of measures such as shading,
vegetated swale discharges or constructed wetland treatment cells that limit temperature increases. The
pond must be designed as a dry pond and should draw down in 24 hours or less.
e. Other methods that minimize any increase in the temperature of the trout stream. [Minn. R. 7090]
23.13 Permittees must conduct routine site inspections once every three (3) days as described in item 11.2 for
projects that discharge to prohibited waters. [Minn. R. 7090]
23.14 If discharges to prohibited waters cannot provide volume reduction equal to one (1) inch times the net
increase of impervious surfaces as required in item 15.4 and 15.5, permittees must develop a permanent
stormwater treatment system design that will result in no net increase of TSS or phosphorus to the
prohibited water. Permittees must keep the plan in the SWPPP for the project. [Minn. R. 7090]
24.1 General Provisions. [Minn. R. 7090]
24.2 If the MPCA determines that an individual permit would more appropriately regulate the construction
activity, the MPCA may require an individual permit to continue the construction activity. Coverage under
this general permit will remain in effect until the MPCA issues an individual permit. [Minn. R. 7001.0210,Subp. 6]
24.3 If the permittee cannot meet the terms and conditions of this general permit, an owner may request an
individual permit, in accordance with Minn. R. 7001.0210 subp. 6. [Minn. R. 7001.0210, Subp. 6]
24.4 Any interested person may petition the MPCA to require an individual NPDES/SDS permit in accordance
with 40 CFR 122.28(b)(3). [40 CFR 122.29(b)(3)]
24.5 Permittees must make the SWPPP, including all inspection reports, maintenance records, training records
and other information required by this permit, available to federal, state, and local officials within three (3)
days upon request for the duration of the permit and for three (3) years following the NOT. [Minn. R.7090]
24.6 Permittees may not assign or transfer this permit except when the transfer occurs in accordance with the
applicable requirements of item 3.7 and 3.8. [Minn. R. 7090]
24.7 Nothing in this permit must be construed to relieve the permittees from civil or criminal penalties for
noncompliance with the terms and conditions provided herein. Nothing in this permit must be construed
to preclude the initiation of any legal action or relieve the permittees from any responsibilities, liabilities,
or penalties to which the permittees is/are or may be subject to under Section 311 of the Clean Water Act
and Minn. Stat. Sect. 115 and 116, as amended. Permittees are not liable for permit requirements for
activities occurring on those portions of a site where the permit has been transferred to another party as
required in item 3.7 or the permittees have submitted the NOT as required in Section 4. [Minn. R. 7090]
24.8 The provisions of this permit are severable. If any provision of this permit or the application of any
provision of this permit to any circumstances is held invalid, the application of such provision to other
circumstances, and the remainder of this permit must not be affected thereby. [Minn. R. 7090]
24.9 The permittees must comply with the provisions of Minn. R. 7001.0150, subp. 3 and Minn. R. 7001.1090,
subp. 1(A), 1(B), 1(C), 1(H), 1(I), 1(J), 1(K), and 1(L). [Minn. R. 7090]
24.10 The permittees must allow access as provided in 40 CFR 122.41(i) and Minn. Stat. Sect. 115.04. The
permittees must allow representatives of the MPCA or any member, employee or agent thereof, when
authorized by it, upon presentation of credentials, to enter upon any property, public or private, for the
purpose of obtaining information or examination of records or conducting surveys or investigations. [40
CFR 122.41(i)]
24.11 For the purposes of Minn. R. 7090 and other documents that reference specific sections of this permit,
"Stormwater Discharge Design Requirements" corresponds to Sections 5, 6 and 14 through 21;
"Construction Activity Requirements" corresponds to Sections 7 through 13; and "Appendix A"
corresponds to Sections 22 and 23. [Minn. R. 7090]
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DRA'\ BY:
pLAN DATE: 1/08/2018
reative REVISIONS: TIMBERCREST LLC PRO.TECT LOCATIUN PAGE:
e5ign l. 4/16/2018: FINAL PLAN HARMONY ADDRESS:
ork, LLC. 2. 4/26/2018: WINDOW UPDATE 2140 WEST COUNTY RD. 42
pARKVIEW 13679, 13677, 13675, 13673 BROCKWAY AVE. 3. BURNSVILLE, MN 55337 /
4. 952-898-5600 LOT 19, 20, 21, 22, BLOCK 1 HARMONY PARKVIEW
612- ,-08-2990 ROSEMOUNT, MN
MEMORANDUM
To: Kyle Klatt, Senior Planner
CC: Kim Lindquist, Community Development Director
Brian Erickson, Director of Public Works/City Engineer
From: Stephanie Smith, Assistant City Engineer
Date: April 23, 2019
Subject: Harmony Parkview 2nd Addition Preliminary Plat - Engineering Review
SUBMITTAL:
The plans for Harmony Parkview 2nd Addition have been prepared by James R. Hill, dated
March 3rd, 2019. Engineering review comments were generated from the following documents
included in the submittal:
▫ Harmony Parkview 2nd Addition
Preliminary Plat
▫ Existing Conditions Survey
▫ Erosion and Sediment Control Plan
▫ Grading Plan
▫ Utility Plan
▫ Paving Plan
▫ Construction Details
GENERAL COMMENTS:
1. The development fees below are estimated based on the current Schedule of Rates and
Fees. These fees are due with the final plat and subdivision agreement.
GIS Fees: $60/unit
Sanitary Sewer Trunk Charge: $1075/acre
Watermain Trunk Charge: $6500/acre
Storm Sewer Trunk Charge: $6865/ net developable acre
2. Prior to submittal of the final plat, the developer should notify the city if they would like
to privately install the infrastructure or if a public process is desired. Preparation of the
subdivision agreement cannot begin until a public or private process is selected.
3. Plans must be signed by an engineer registered in the state of Minnesota prior to grading
on site.
4. City inspection of public infrastructure is required during construction.
RIGHT OF WAY AND EASEMENTS:
The plat consists of re-platting existing outlot into townhome lots, a large common lot and
Outlot A. Per City Code, Drainage and Utility (D&U) easements will be dedicated over the
common Lot 17, Block 1 to cover the utilities and private streets.
5. The existing drainage and utility easements must be vacated prior to and concurrently
with recording the final plat.
6. D&U Easement is required over Outlot A as it contains the private street for the
development to the south of this site.
7. Outlot A shall be deeded to the HOA responsible for the other half of the existing
private street. Documentation of this transfer shall be provided prior to the start of
construction.
8. The width of drainage and utility easements over all public utilities shall be verified
during final design.
9. Trees are not allowed to be planted over the proposed storm sewer, or near the sanitary
sewer and water service lines.
10. Right-of-way (ROW) permit is required for work in the Bronze Parkway ROW.
11. MnDOT permitting is required for work within MnDOT ROW.
STREETS & SIDEWALKS
Two private streets are proposed off of Bronze Parkway and will act as a shared driveway to
provide access to the lots.
12. The streets shall be owned and maintained by an HOA.
13. Road stationing should be shown on the plan.
14. Street centerline elevations and grades or street profiles should be shown on the plan.
Minimum street grades are 1.0%.
15. Based on the recent projects in the Harmony neighborhood and the existing soils, it is
likely the street pavement section will need to be increased with a select granular section
and possibly geotextile fabric. Soil borings and a geotechnical report are recommended.
16. The southern private street access shall be adjusted to line up with the existing
intersection of Bronze Parkway and 135th Street.
17. Plan shall show restoration of Bronze Parkway from the utility connections and
removals.
18. The applicant’s engineer shall provide a turning movement inset to insure Lots 4, 8, 12
and 16, Block 1 have enough space to back out of the driveway.
19. ADA-compliant pedestrian ramps are required where the sidewalk and trail meet the
street.
20. The applicant shall submit a signage plan for review.
21. A street lighting plan shall be submitted for review and must comply with City standards.
Street light requirements are detailed below:
at all public street intersections
at the end of all cul-de-sacs
at regularly spaced intervals (not to exceed 500’) on alternating sides of the street
at all instances where the road configuration warrants extra illumination as
determined by City Engineering Staff
WATER AND SANITARY SEWER
22. The water and sanitary sewer construction plans shall be designed, consistent with City
of Rosemount Engineering Guidelines and Standard Specifications and Detail Plates.
23. The applicant shall verify the existing utility stub sizes into the property.
24. 90º watermain bends are not allowed.
25. Revise utility plan not to show stubs that are noted for removal.
26. Upon completion of the utility construction, the City requires record drawings. See
Engineering Guidelines for submittal and formatting requirements.
GRADING AND DRAINAGE
The site is presently used as stormwater ponding for the Harmony development. The applicant
proposes to fill the ponds on site for construction of attached townhomes, and route the
stormwater to the Dunmore regional ponding on the west side of Trunk Highway 3.
27. The applicant shall provide information to the City on the type of fill, where the fill is
coming from to the site and hauling route maps.
28. The applicant shall revise the grading plan to minimize the number of backyard
catchbasins.
29. The plan shall be revised to show driveway locations and label all the driveway grades for
city staff review.
STORMWATER
WSB Engineering reviewed the Harmony Parkview 2nd Addition grading and stormwater
management plan on behalf of the City. The full memorandum, dated April 16, 2019, is included
as an attachment. The recommendations are summarized below:
1. For the basins to be filled in with this project, a MnDOT permit to increase
discharge across TH 3 has not been obtained yet. MnDOT has stated that they
will require the Dunmore lift station to be installed prior to the ponds being
filled within the Harmony development. Further coordination with MnDOT is
required.
2. Any work occurring within MnDOT ROW will require review and approval
from MnDOT.
3. Pond 5 should be constructed concurrently with this project.
4. Pond 5 should include a note stating the 100-year HWL: 939.31, 100-year Back-
to-Back: 939.64, Snowmelt: 939.06
5. Grading plans shows no emergency overflow. Please indicate emergency
overflows to verify ponding areas. Each ponding area should have 2 feet of
freeboard to the ground floor elevation of each townhome.
6. Additional silt fence should be included along the western side of the site during
construction.
7. Restoration plan shall be submitted to the City for review.
8. Plan shall be revised to show grading limits. Grading outside the property shall
be removed or agreement with the property owners is required.
Should you have any questions or comments regarding the items listed above, please contact me
at 651-322-2015.
Attachment:
WSB Memorandum Re: Harmony Parkview 2nd Addition Construction Plan Review, dated
4/16/2019
From:Lindquist, Kim
To:Klatt, Kyle
Subject:FW: Subject: Planning Commission Amendments to Harmony Village
Date:Tuesday, April 23, 2019 6:09:51 PM
Kim Lindquist, Community Development Director
City of Rosemount, 2875 145th Street, Rosemount, MN 55068
Ph. 651-322-2020 / http://www.ci.rosemount.mn.us
From: Cox, Alan
Sent: Tuesday, April 23, 2019 6:07 PM
To: Lindquist, Kim <kim.lindquist@ci.rosemount.mn.us>
Subject: FW: Subject: Planning Commission Amendments to Harmony Village
-Alan Cox, City of Rosemount
From: Pat Lawler <plawler321@outlook.com>
Sent: Tuesday, April 23, 2019 5:03 PM
To: Comment <Comment@ci.rosemount.mn.us>
Subject: Subject: Planning Commission Amendments to Harmony Village
I just found out I will be unable to attend tonight’s public hearing concerning
the Timbercrest Simple Plat and Minor Amendment to the Harmony Village
Planned Unit Development. So, I am submitting my objections to this change
by e-mail. When I moved into Harmony Village it was with the understanding
that it would consist of single family homes, single level quads and in the
center, two-story town homes. I live on Bronze Parkway. Between the park
area which holds ball games all summer, and the frisbie golf course, the traffic
is unbelievable. I cannot imagine how horrible and unsafe it would be if you
add an additional 16 family units. If the traffic turns left on Bronze out of the
proposed town houses, it will impact those single family homes with children
playing. If they turn right, they will be right in the middle of the summer games
traffic.
It is my understanding that Harmony Village will have no say on how the
tenants conduct themselves and how they decorate their outer spaces. They
will not fit in with the overall landscape of the Association. There will be
absolutely no green space as in the rest of Harmony.
I am disappointed in the Planning Commission to even think of changing the
landscape of our area. There are many other areas in Rosemount that would
be more beneficial to this type of townhome.
Please consider those of us who purchased our homes in accordance with the
original Harmony plans. Had we known there would be beneficial
“amendments” to any builder off the street who proposed tax revenue to
Rosemount without thought of the consequences, we would have sought
property in another city.
Please deny this amendment.
Thank you for your consideration.
Patricia L. Lawler
13659 Bronze Pkwy
Rosemount MN 55068
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