Agenda - Council - 03/23/2010 - Laserfiche WebLink

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CASE # „J�. ��/ INTRODUCE ORDINANCE TO AMEND CHAPTER 117 OF CITY CODE TO INCREASE THE REQUIRED DEPTH OF TOPSOIL TO SIX (6) INCHES; CASE OF CITY OF RAMSEY By: Chris Anderson, Environmental Coordinator Background: On April 28, 2009 the City adopted an ordinance requiring four (4) inches of topsoil to be applied over all exposed areas of new construction projects. The intent of the ordinance was to improve the water holding ability of the soil to reduce the demand on water for irrigation purposes. That ordinance, which went into effect on June 8, 2009, included the following: • The installation of a minimum of four (4) inches of topsoil over all exposed areas not improved with buildings and paving, excluding natural areas that are left undisturbed. • The topsoil requirement applies to any lot, in any zoning district, being improved with the construction of a principal structure. • The definition of topsoil was "black dirt composed of unconsolidated material, largely undecomposed organic matter that is a suitable foundation for vegetative growth. The composition of the topsoil shall include a well balanced medium consisting of the following: • A maximum sand /silt content of 20% • A minimum organic content of 35 • A pH between 6 and 7 o Removal of all rocks in excess of 3/4" As Staff administered these new requirements last year, it was evident that material meeting the City's definition of topsoil was scarce. Additionally, all available testing methods are weight- based, while the City's definition for topsoil was volume based. Thus, Staff had to conduct a `jar test' for each topsoil inspection to verify whether the material complied with City Code. This could become extremely onerous (particularly when the housing market rebounds) and is somewhat subjective; and it was always Staff's intention to present clear direction to builders /developers and eliminate as much subjectivity as possible. On January 12, 2010, the City Council adopted an amended definition of topsoil that matched MN DOT's specification for Premium Borrow Topsoil (MnDOT Spec 3877C). However, to offset the lesser standard of topsoil, the City Council wanted the minimum depth of topsoil increased. The direction was to increase the required depth of topsoil from four (4) to six (6) inches and to allow for alternatives, such as compost, to be used in lieu of topsoil. Since the depth of topsoil was not included in the definition of topsoil, increasing the minimum depth required a separate public hearing. Notification: In accordance with Minnesota Statute §15.99, the City properly advertised the Public Hearing in the official City newsletter. Observations: On March 4, 2010, the Planning Commission conducted a public hearing on a proposed ordinance amendment to increase the minimum depth of topsoil from four (4) to six (6) inches. The proposed