HomeMy WebLinkAboutOrdinance No 1619ORDINANCE NO. 1619
BEING AN ORDINANCE AMENDING CHAPTER 9, ARTICLE I,
RELATING TO ZONING AND LAND DEVELOPMENT
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.106 (I) (2) of the Columbia Heights City Code shall include:
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program
for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under
the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal
Regulations Title 33, Sections 1317, 1328, 1342, and 1345.
SURFACE WATER MANAGEMENT DESIGN STANDARDS (SWMDS). Document stating
the design criteria and specifications for the city's stormwater management program.
Chapter 9, Article I, Section 9.106 (I) (3) (a) of the Columbia Heights City Code shall include:
7. All projects either creating or disturbing 1 acre or greater of new impervious will
require the submittal of a Stormwater Management Plan.
Chapter 9, Article I, Section 9.106 (I) and (J) of the Columbia Heights City Code, which
currently reads to wit:
(4) Submission requirements —storm water management plan. A Storm Water
Management Plan shall be submitted with all permit applications identified in §9.106(I)(3). Two
sets of clearly legible blue or black lined copies of drawings and required information shall be
submitted. Drawings shall be prepared to a scale appropriate to the site of the project and suitable
for the review to be performed. At a minimum the scale shall be 1 inch equals 100 feet. The
storm water management plan shall contain the following information, which may be combined
into one or more drawings or may be combined with submission requirements of other permits or
approvals.
(a) Existing site map. A map of existing site conditions showing the site and immediately
adjacent areas, including:
1. The name and address of the applicant, the section, township and range, north point,
date and scale of drawing and number of sheets;
2. Location of the tract by an insert map at a scale sufficient to clearly identify the
location of the property and giving such information as the names and numbers of adjoining
roads, railroads, utilities, subdivision, towns and districts or other landmarks;
3. Existing topography with a contour interval appropriate to the topography of the land
but in no case having a contour interval greater than two feet;
4. A delineation of all streams, rivers, public waters and wetlands located on and
immediately adjacent to the site, including any classification given to the water body or wetland
by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency
and /or the United States Army Corps of Engineers;
5. Location and dimensions of existing storm water drainage systems and natural
drainage patterns on and immediately adjacent to the site delineating in which direction and at
what rate storm water is conveyed from the site, identifying the receiving stream, river, public
water, or wetland, and setting forth those areas of the unaltered site where storm water collects;
6. A description of the soils of the site, including a map indicating soil types of areas of
critical erosion to be disturbed as well as a soil report containing information on the suitability of
the soils for the type of development proposed and describing any remedial steps to be taken by
the developer to render the soils suitable;
7. Vegetative cover and clearly delineating any vegetation proposed for removal; and
8. One - hundred year floodplain, flood fringes and floodways.
(b) Site construction plan. A site construction plan including:
1. Locations and dimensions of all proposed land disturbing activities and any phasing
of those activities;
2. Locations and dimensions of all temporary soils or dirt stockpiles;
3. Locations and dimensions of all construction site erosion control measures necessary
to meet the requirements of this article;
4. Schedule of anticipated starting and completion date of each land disturbing activity
including the installation of construction site erosion control measures needed to meet the
requirements of this article; and
5. Provisions for maintenance of the construction site erosion control measures during
construction.
(c) Plan offinal site conditions. A plan of final state conditions on the same scale as the
existing site map showing the site changes including:
1. Finished grading shown at contours at the same interval as provided above or as
required to clearly indicate the relationship of proposed changes to existing topography and
remaining features;
2. A landscape plan, drawn to an appropriate scale, including dimensions and distances
and the location, type, size and description of all proposed landscape materials which will be
added to the site as part of the development;
3. A drainage plan of the developed site delineating in which direction and at what rate
storm water will be conveyed from the site and setting forth the areas of the site where storm
water will be allowed to collect;
4. The proposed size, alignment and intended use of any structures to be erected on the
site;
5. A clear delineation and tabulation of all areas which shall be paved or surfaced,
including a description of the surfacing material to be used; and
6. Any other information pertinent to the particular project which in the opinion of the
applicant is necessary for the review of the project.
(5) Plan review procedure.
(a) Process. Storm water management plans meeting the requirements of §9.106(I) shall
be reviewed by the Engineering Division in accordance with the standards of §9.106(l)(6). The
Director of Public Works, or designee, shall approve, approve with conditions, or deny the storm
water management plan.
(b) Duration. A storm water plan approved in accordance with this section shall become
void if the corresponding building permit, excavation permit, preliminary plat, or public
improvement project expires or becomes invalid.
(c) Conditions. A storm water management plan may be approved subject to compliance
with conditions reasonable and necessary to insure that the requirements contained in this article
are met. Such conditions may, among other matters, limit the size, kind or character of the
proposed development, require the construction of structures, drainage facilities, storage basins
and other facilities, require replacement of vegetation, establish required monitoring procedures,
stage the work over time, require alteration of the site design to insure buffering, and require the
conveyance for storm water management purposes to the city or other public entity of certain
lands or interests therein.
(d) Letter of credit. Prior to approval of any storm water management plan, the applicant
shall submit a letter of credit or cash escrow to cover the estimated cost of site restoration. The
letter of credit or cash escrow amount shall be based on $10,000 per acre of gross lot area with
$5,000 minimum.
(e) Amendment. A storm water management plan may be revised in the same manner as
originally approved.
(6) Approval standards. No storm water management plan which fails to meet the
standards contained in this section shall be approved by the city.
(a) General criteria for storm water management plans.
1. An applicant shall install or construct all storm water management facilities necessary
to manage increased runoff so that the two -, ten -, and hundred -year storm peak discharge rates
existing before the proposed land alteration shall not be increased and accelerated. Channel
erosion shall not occur as a result of the proposed land disturbing or development activity.
2. The applicant shall give consideration to reducing the need for storm water
management facilities by incorporating the use of natural topography and land cover such as
wetlands, ponds, natural swales and depressions as they exist before development to the degree
that they can accommodate the additional flow of water without compromising the integrity or
quality of the wetland or pond.
3. The following storm water management practices shall be investigated in developing
a storm water management plan in the following descending order of preference:
a. Infiltration of runoff on -site, if suitable soil conditions are available for use;
b. Flow attenuation by use of open vegetated swales and natural depressions;
c. Storm water retention facilities; and
d. Storm water detention facilities.
4. A combination of successive practices may be used to achieve the applicable
minimum control requirements specified in subdivision 3. above. Justification shall be provided
by the applicant for the method selected.
(b) Storm water retention: criteria. Land alterations involving one acre or more of total
impervious surface area (existing and proposed) shall require on -site storm water retention
facilities designed according to the most current technology as reflected in the MPCA
publication "Protecting Water Quality in Urban Areas," and shall contain, at a minimum, the
following design factors:
1. A permanent pond surface area equal to 2% of the impervious area draining to the
pond or I% of the entire area draining to the pond, whichever amount is greater;
2. An average permanent pool depth of four to ten feet;
3. A permanent pool length -to -width ratio of 3:1 or greater;
4. A minimum protective shelf extending ten feet into the permanent pool with a slope
of 10:1 beyond which slopes should not exceed 3:1;
5. A protective buffer strip of vegetation surrounding the permanent pool at a minimum
width of ten feet;
6. All storm water retention facilities shall have a device to keep oil, grease, and other
floatable material from moving downstream as a result of normal operations;
7. Storm water retention facilities for new development must be sufficient to limit peak
flows in each subwatershed to those that existed before the development for the two, ten, and
hundred year storm event. All calculations and hydrologic models /information used in
determining peak flows shall be submitted along with the storm water management plan;
8. All storm water retention facilities must have a means to remove coarse - grained
particles prior to discharge into a watercourse or storage basin;
9. An extended detention basin, existing wetland when in conformance with
§9.106(I)(3), or other storm water management facility may be used in place of a retention pond
when a permanent pool of water is not desired with respect to public safety, character of
surrounding development, and aesthetics as determined by the Director of Public Works.
(c) Site dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers, hydro - cyclones, swirl
concentrators or other appropriate controls as appropriate. Water may not be discharged in a
manner that causes erosion or flooding of the site, receiving channels or wetlands.
(d) Waste and material disposal. All waste and unused building materials (including
garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be
properly disposed of off -site and not allowed to be carried by runoff into a receiving channel or
storm sewer system.
(e) Tracking. Each site shall have graveled roads, access drives and parking areas of
sufficient width and length to prevent sediment from being tracked onto public or private
roadways. Any sediment reaching a public or private road shall be removed by street cleaning
(not flushing) before the end of each workday.
(f) Drain inlet protection. All storm drain inlets shall be protected during construction
until control measures are in place with a straw bale, silt fence or equivalent barrier meeting
accepted design criteria, standards and specifications contained in the MPCA publication
"Protecting Water Quality in Urban Areas."
(g) Site erosion control. The following criteria (1. through 4.) apply only to construction
activities that result in runoff leaving the site:
1. Channelized runoff from adjacent areas passing through the site shall be diverted
around disturbed areas, if practical. Otherwise, the channel shall be protected as described below.
Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be
diverted around disturbed areas, unless shown to have resultant runoff rates of less than
0.5ft. /sec. across the disturbed area for the one -year storm. Diverted runoff shall be conveyed in
a manner that will not erode the conveyance and receiving channels.
2. All activities on the site shall be conducted in a logical sequence to minimize the area
of bare soil exposed at any one time.
3. Runoff from the entire disturbed area on the site shall be controlled by meeting either
subdivisions a. and b. or subdivisions a. and c.
a. All disturbed ground left inactive for 14 or more days shall be stabilized by seeding
or sodding (only available prior to September 15) or by mulching or covering or other equivalent
control measure.
b. For sites with more than ten acres disturbed at one time, or if a channel originates in
the disturbed area, one or more temporary or permanent sedimentation basins shall be
constructed. Each sedimentation basin shall have a surface area of at least 1 % of the area
draining to the basin and at least three feet of depth and constructed in accordance with accepted
design specifications. Sediment shall be removed to maintain a depth of three feet. The basin
discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel
or the receiving water.
c. For sites with less than ten acres disturbed at one time, silt fences, straw bales, or
equivalent control measures shall be placed along all sideslope and downslope sides of the site. If
a channel or area of concentrated runoff passes through the site, silt fences shall be placed along
the channel edges to reduce sediment reaching the charnel. The use of silt fences, straw bales, or
equivalent control measures must include a maintenance and inspection schedule.
4. Any soil or dirt storage piles containing more than ten cubic yards of material should
not be located with a downslope drainage length of less than 25 feet from the toe of the pile to a
roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by
mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence
for less than seven days shall be controlled by placing straw bales or silt fence barriers around
the pile. In- street utility repair or construction soil or dirt storage piles located closer than 25 feet
of a roadway of drainage channel must be covered with tarps or suitable alternative control, if
exposed for more than seven days, and the storm drain inlets must be protected with straw, bale
or other appropriate filtering barriers.
(h) Wetlands. Existing wetlands may be used for storm water management purposes
provided the following criteria are met:
1. The wetland shall not be classified as a Group I or 11 water within the City Water
Resource Management Plan.
2. A protective buffer strip of natural vegetation at least ten feet in width shall surround
all wetlands.
3. A sediment trapping device or area that is designed to trap sediments 0.5 millimeters
in size or greater with a trap volume size based upon a prescribed maintenance schedule shall be
installed prior to discharge of storm water into the wetlands.
4. The natural outlet control elevation of the wetlands if it is not a DNR public water,
shall not be changed except when either i) the outlet is intended to restore the wetland to its
original elevation, ii) the wetland basin is landlocked and the artificial outlet control is placed no
lower than 1.5 feet below the ordinary high water mark, iii) the proposed level control is
identified in the City Water Resource Management Plan, or iv) the level change is approved by a
technical evaluation panel convened pursuant to the state Wetland Conservation Act of 1991
(WCA).
5. The water fluctuation from storm water shall not be increased over what occurs
naturally, except as provided in subdivision 4.c. above.
6. The wetland shall not be a protected fen.
7. Wetlands shall not be drained or filled, wholly or partially, unless replaced by
restoring or creating wetland areas in accordance with the WCA. When wetland replacement is
required, it shall be guided by the following principles in descending order of priority:
a. Avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;
b. Minimizing the impact by limiting the degree or magnitude of the wetland activity
and its implementation;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
environment;
d. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity; and
e. Compensating for the impact by replacing or providing substitute wetland resources
or environments.
8. If the wetland is a DNR public water, all necessary permits from the DNR shall be
obtained.
(i) Models /methodologies /computations. Hydrologic models and design methodologies
used for the determination of runoff and analysis of storm water management structures shall be
approved by the Director of Public Works. Plans, specifications and computations for storm
water management facilities submitted for review shall be sealed and signed by a registered
professional engineer. All computations shall appear on the plans submitted for review, unless
otherwise approved by the Director of Public Works.
0) Watershed management plans /groundwater management plans. Storm water
management plans shall be consistent with adopted watershed management plans and
groundwater management plans prepared in accordance with M.S. §§ 10313.231 and 10313.255,
respectively, as they may be amended from time to time, and as approved by the Minnesota
Board of Water and Soil Resources in accordance with the state law.
(7) Storm water management fee.
(a) When required. In lieu of the storm water management facilities required in §9.106(I)
the city may allow an applicant to make a monetary contribution to the development and
maintenance of community storm water management facilities designed to serve multiple land
disturbing and development activities when consistent with the City's Water Resource
Management Plan.
(b) Calculation offee. The amount of monetary contribution shall be based on $0.25 per
square foot of total impervious surface area (existing and proposed) on the subject property. For
preliminary plats, an estimated impervious coverage per lot, subject to the approval of the
Director of Public Works, shall be included in the total impervious surface area calculation.
(c) Payment offee. Payment of a monetary contribution shall occur as follows:
1. Building permit —upon issuance of building permit.
2. Excavation permit —upon issuance of excavation permit.
3. Preliminary plat —upon approval of final plat or commencement of land alteration,
whichever occurs first.
(8) Inspection and maintenance. All storm water management facilities shall be designed to
minimize the need of maintenance, to provide access for maintenance purposes, and to be
structurally sound. In addition, the following maintenance standards shall apply:
(a) All storm water detention periods shall be maintained to ensure continued effective
removal of pollutants from storm water runoff. In addition, upon 50% of the pond's original
design volume being filled with sediment, the sediment shall be removed and the pond restored
to its original design.
(b) The Director of Public Works, or designated representative, shall inspect all storm
water management facilities during construction, during the first year of operation and at least
once every five years thereafter.
(c) The applicant shall provide all necessary easements upon the subject property for
inspection and maintenance purposes of storm water management facilities as determined by the
Director of Public Works.
(d) Storm water management facilities serving a single - family residential area or
subdivision, but more than one single - family lot, shall be maintained by the city. The cost
incurred by the city for maintenance of said facilities shall be assessed, levied through a special
storm water taxing district against the properties contributing storm water runoff to or through
the facility, or by the city's storm water utility.
(e) Storm water management facilities serving a multiple - family residential building or
development; a commercial, industrial or institutional building or development; or an individual
parcel shall be maintained by the property owner on which the facility is located unless it is
determined by the Director of Public Works that it is in the best interests of the city for the city to
maintain such facilities. If the city is to maintain the storm water management facilities, the cost
incurred by the city for the maintenance may be assessed or levied as described in subsection (d)
above.
(9) Penalty. Any person, firm or corporation violating any provision of this section shall be
fined not less than deemed committed on each day during or on which a violation occurs or
continues.
(10) Other controls. In the event of any conflict between the provisions of this section and
the provisions of the city code, the more restrictive standard prevails.
(J) Land alterations.
(1) Purpose. The purpose of this section is to manage land alterations within the city and
provide for the review and approval of proposed grades prior to land alteration activities.
(2) In general. No person, firm or corporation may engage in any excavation, grading or
filling of any land in the city without first having secured a permit from the City Engineer in
accordance with this section.
(3) Exemption. The removal of material for the purpose of constructing a basement or
placement of footings are exempt from the provisions of this section, provided a grading plan
was submitted and approved as part of the review and approval process. Grading of new
subdivisions or developments is also exempt from the provisions of this section, provided a
grading plan was submitted and approved as part of the review and approval process.
(4) Land alteration permit required. Aland alteration permit from the City Engineer is
required for any of the following activities:
(a) Placement, removal or grading of more than ten cubic yards of earthen material on
steep slopes adjacent to a lake or wetland, or within the shore or bluff impact zone of a lake or
wetland.
(b) Placement, removal or grading of more than 50 cubic yards of earthen material
anywhere in the city.
(c) Placement, removal or grading of earthen material within ten feet of any property line
or when such activity alters the drainage patterns of adjacent property.
(5) Conditional use permit required. A conditional use permit is required for any of the
following activities:
(a) Placement, removal or grading of more than 500 cubic yards of earthen material on
developed property zoned R -1 or R -2.
(b) Placement, removal or grading of more than 1,000 cubic yards of earthen material on
undeveloped property zoned R -1 or R -2.
(c) Placement, removal or grading of more than 1,500 cubic yards of earthen material on
property zoned R -3, R -4 or LB.
(d) Placement, removal or grading of more than 2,000 cubic yards of earthen material on
property zoned GB, CBD, I- 1,1 -2, or MXD.
(6) Submittal requirements. An application for a land alteration permit shall include the
following:
(a) A legal description of the land to be altered.
(b) The nature of the proposed alteration and future use of the property.
(c) The starting date and completion date of the land alteration.
(d) The names and addresses of all the owners of all the land to be altered.
(e) Scaled plans showing the existing and proposed topography with two -foot contour
intervals, and signed by a registered surveyor or engineer in the State of Minnesota.
(f) A scaled plan showing existing and proposed vegetation and ground cover.
(g) An erosion and sedimentation control plan.
Is hereby amended to read as follows:
(3) Scope and effect.
(a) Applicability. This section shall apply to any land alteration requiring any of the
following permits or approvals:
1. A building permit for new multiple - family residential (three or more attached
dwelling units), commercial, industrial, or institutional development;
2. A preliminary plat;
3. Land alteration permit as regulated by § 9.106 (J);
4. A building permit for a single - family or two- family residential dwelling except that
only subdivisions (3) through (7) of this division shall apply; or
5. Public improvement projects
6. No building permit, preliminary plat, excavation permit or public improvement
project shall be approved until approval of a storm water management plan has been obtained in
strict conformance with the provisions of this section.
(b) Exemptions. The provisions of this section do not apply to:
1. Construction of a single - family or two - family dwelling or any structure or land
alteration accessory thereto except that the provisions of subdivisions (3) through (7) of this
division shall apply;
2. Any currently valid building permit, preliminary plat, excavation permit, or public
improvement project approved prior to the effective date of this article;
3. Construction of agricultural structures or land alterations associated with agricultural
uses unless an excavation permit is required by § 9.106 (J);
4. Installation of a fence, sign, telephone, and electric poles and other kinds of posts or
poles; or
5. Emergency work to protect life, limb, or property.
(4) Submission requirements —storm water management plan. A Storm Water Management
Plan shall be submitted with all permit applications identified in §9.106(I)(3). Two sets of clearly
legible blue or black lined copies of drawings and required information shall be submitted.
Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the
review to be performed. At a minimum the scale shall be 1 inch equals 100 feet. The storm water
management plan shall contain the following information, which may be combined into one or
more drawings or may be combined with submission requirements of other permits or approvals.
(a) Existing site map. A map of existing site conditions showing the site and immediately
adjacent areas, including:
1. The name and address of the applicant, the section, township and range, north point,
date and scale of drawing and number of sheets;
2. Location of the tract by an insert map at a scale sufficient to clearly identify the
location of the property and giving such information as the names and numbers of adjoining
roads, railroads, utilities, subdivision, towns and districts or other landmarks;
3. Existing topography with a contour interval appropriate to the topography of the land
but in no case having a contour interval greater than two feet;
4. A delineation of all streams, rivers, public waters and wetlands located on and
immediately adjacent to the site, including any classification given to the water body or wetland
by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency
and /or the United States Army Corps of Engineers;
5. Location and dimensions of existing storm water drainage systems and natural
drainage patterns on and immediately adjacent to the site delineating in which direction and at
what rate storm water is conveyed from the site, identifying the receiving stream, river, public
water, or wetland, and setting forth those areas of the unaltered site where storm water collects;
6. A description of the soils of the site, including a map indicating soil types of areas of
critical erosion to be disturbed as well as a soil report containing information on the suitability of
the soils for the type of development proposed and describing any remedial steps to be taken by
the developer to render the soils suitable;
7. Vegetative cover and clearly delineating any vegetation proposed for removal; and
8. One - hundred year floodplain, flood fringes and floodways.
(b) Site construction plan. A site construction plan including:
1. Locations and dimensions of all proposed land disturbing activities and any phasing
of those activities;
2. Locations and dimensions of all temporary soils or dirt stockpiles;
3. Locations and dimensions of all construction site erosion control measures necessary
to meet the requirements of this article;
4. Schedule of anticipated starting and completion date of each land disturbing activity
including the installation of construction site erosion control measures needed to meet the
requirements of this article; and
5. Provisions for maintenance of the construction site erosion control measures during
construction.
(c) Plan offinal site conditions. A plan of final state conditions on the same scale as the
existing site map showing the site changes including:
1. Finished grading shown at contours at the same interval as provided above or as
required to clearly indicate the relationship of proposed changes to existing topography and
remaining features;
2. A landscape plan, drawn to an appropriate scale, including dimensions and distances
and the location, type, size and description of all proposed landscape materials which will be
added to the site as part of the development;
3. A drainage plan of the developed site delineating in which direction and at what rate
storm water will be conveyed from the site and setting forth the areas of the site where storm
water will be allowed to collect;
4. The proposed size, alignment and intended use of any structures to be erected on the
site;
5. A clear delineation and tabulation of all areas which shall be paved or surfaced,
including a description of the surfacing material to be used; and
6. Any other information pertinent to the particular project which in the opinion of the
applicant is necessary for the review of the project.
(5) Plan review procedure.
(a) Process. Storm water management plans meeting the requirements of §9.106(I) shall
be reviewed by the Engineering Division in accordance with the standards of §9.106(I)(6). The
Director of Public Works, or designee, shall approve, approve with conditions, or deny the storm
water management plan.
(b) Duration. A storm water plan approved in accordance with this section shall become
void if the corresponding building permit, excavation permit, preliminary plat, or public
improvement project expires or becomes invalid.
(c) Conditions. A storm water management plan may be approved subject to compliance
with conditions reasonable and necessary to insure that the requirements contained in this article
are met. Such conditions may, among other matters, limit the size, kind or character of the
proposed development, require the construction of structures, drainage facilities, storage basins
and other facilities, require replacement of vegetation, establish required monitoring procedures,
stage the work over time, require alteration of the site design to insure buffering, and require the
conveyance for storm water management purposes to the city or other public entity of certain
lands or interests therein.
(d) Letter of credit. Prior to approval of any storm water management plan, the applicant
shall submit a letter of credit or cash escrow to cover the estimated cost of site restoration. The
letter of credit or cash escrow amount shall be based on $10,000 per acre of gross lot area with
$5,000 minimum.
(e) Amendment. A storm water management plan may be revised in the same manner as
originally approved.
(6) Approval standards. No storm water management plan which fails to meet the
standards contained in this section shall be approved by the city.
(a) General criteria for storm water management plans.
1. An applicant shall install or construct all storm water management facilities necessary
to manage increased runoff so that the two -, ten -, and hundred -year storm peak discharge rates
existing before the proposed land alteration shall not be increased and accelerated. Channel
erosion shall not occur as a result of the proposed land disturbing or development activity.
2. The applicant shall give consideration to reducing the need for storm water
management facilities by incorporating the use of natural topography and land cover such as
wetlands, ponds, natural swales and depressions as they exist before development to the degree
that they can accommodate the additional flow of water without compromising the integrity or
quality of the wetland or pond.
3. The following storm water management practices shall be investigated in developing
a storm water management plan in the following descending order of preference:
a. Infiltration of runoff on -site, if suitable soil conditions are available for use;
b. Flow attenuation by use of open vegetated swales and natural depressions;
c. Storm water retention facilities; and
d. Storm water detention facilities.
4. A combination of successive practices may be used to achieve the applicable
minimum control requirements specified in subdivision 3. above. Justification shall be provided
by the applicant for the method selected.
(b) Storm water retention: criteria. Land alterations involving one acre or more of total
impervious surface area (existing and proposed) shall require on -site storm water retention
facilities designed according to the most current technology as reflected in the MPCA
publication "Protecting Water Quality in Urban Areas," and shall contain, at a minimum, the
following design factors:
1. A permanent pond surface area equal to 2% of the impervious area draining to the
pond or I% of the entire area draining to the pond, whichever amount is greater;
2. An average permanent pool depth of four to ten feet;
3. A permanent pool length -to -width ratio of 3:1 or greater;
4. A minimum protective shelf extending ten feet into the permanent pool with a slope
of 10:1 beyond which slopes should not exceed 3:1;
5. A protective buffer strip of vegetation surrounding the permanent pool at a minimum
width of ten feet;
6. All storm water retention facilities shall have a device to keep oil, grease, and other
floatable material from moving downstream as a result of normal operations;
7. Storm water retention facilities for new development must be sufficient to limit peak
flows in each subwatershed to those that existed before the development for the two, ten, and
hundred year storm event. All calculations and hydrologic models /information used in
determining peak flows shall be submitted along with the storm water management plan;
8. All storm water retention facilities must have a means to remove coarse - grained
particles prior to discharge into a watercourse or storage basin;
9. An extended detention basin, existing wetland when in conformance with
§9.106(I)(3), or other storm water management facility may be used in place of a retention pond
when a permanent pool of water is not desired with respect to public safety, character of
surrounding development, and aesthetics as determined by the Director of Public Works.
(c) Site dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers, hydro - cyclones, swirl
concentrators or other appropriate controls as appropriate. Water may not be discharged in a
manner that causes erosion or flooding of the site, receiving channels or wetlands.
(d) Waste and material disposal. All waste and unused building materials (including
garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be
properly disposed of off -site and not allowed to be carried by runoff into a receiving channel or
storm sewer system.
(e) Tracking. Each site shall have graveled roads, access drives and parking areas of
sufficient width and length to prevent sediment from being tracked onto public or private
roadways. Any sediment reaching a public or private road shall be removed by street cleaning
(not flushing) before the end of each workday.
(f) Drain inlet protection. All storm drain inlets shall be protected during construction
until control measures are in place with a straw bale, silt fence or equivalent barrier meeting
accepted design criteria, standards and specifications contained in the MPCA publication
"Protecting Water Quality in Urban Areas."
(g) Site erosion control. The following criteria (l. through 4.) apply only to construction
activities that result in runoff leaving the site:
1. Channelized runoff from adjacent areas passing through the site shall be diverted
around disturbed areas, if practical. Otherwise, the channel shall be protected as described below.
Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be
diverted around disturbed areas, unless shown to have resultant runoff rates of less than
0.5ft. /sec. across the disturbed area for the one -year storm. Diverted runoff shall be conveyed in
a manner that will not erode the conveyance and receiving channels.
2. All activities on the site shall be conducted in a logical sequence to minimize the area
of bare soil exposed at any one time.
3. Runoff from the entire disturbed area on the site shall be controlled by meeting either
subdivisions a. and b. or subdivisions a. and c.
a. All disturbed ground left inactive for 14 or more days shall be stabilized by seeding
or sodding (only available prior to September 15) or by mulching or covering or other equivalent
control measure.
b. For sites with more than ten acres disturbed at one time, or if a channel originates in
the disturbed area, one or more temporary or permanent sedimentation basins shall be
constructed. Each sedimentation basin shall have a surface area of at least I% of the area
draining to the basin and at least three feet of depth and constructed in accordance with accepted
design specifications. Sediment shall be removed to maintain a depth of three feet. The basin
discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel
or the receiving water.
c. For sites with less than ten acres disturbed at one time, silt fences, straw bales, or
equivalent control measures shall be placed along all sideslope and downslope sides of the site. If
a channel or area of concentrated runoff passes through the site, silt fences shall be placed along
the channel edges to reduce sediment reaching the charnel. The use of silt fences, straw bales, or
equivalent control measures must include a maintenance and inspection schedule.
4. Any soil or dirt storage piles containing more than ten cubic yards of material should
not be located with a downslope drainage length of less than 25 feet from the toe of the pile to a
roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by
mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence
for less than seven days shall be controlled by placing straw bales or silt fence barriers around
the pile. In- street utility repair or construction soil or dirt storage piles located closer than 25 feet
of a roadway of drainage channel must be covered with tarps or suitable alternative control, if
exposed for more than seven days, and the storm drain inlets must be protected with straw, bale
or other appropriate filtering barriers.
(h) Wetlands. Existing wetlands may be used for storm water management purposes
provided the following criteria are met:
1. The wetland shall not be classified as a Group I or II water within the City Water
Resource Management Plan.
2. A protective buffer strip of natural vegetation at least ten feet in width shall surround
all wetlands.
3. A sediment trapping device or area that is designed to trap sediments 0.5 millimeters
in size or greater with a trap volume size based upon a prescribed maintenance schedule shall be
installed prior to discharge of storm water into the wetlands.
4. The natural outlet control elevation of the wetlands if it is not a DNR public water,
shall not be changed except when either i) the outlet is intended to restore the wetland to its
original elevation, ii) the wetland basin is landlocked and the artificial outlet control is placed no
lower than 1.5 feet below the ordinary high water mark, iii) the proposed level control is
identified in the City Water Resource Management Plan, or iv) the level change is approved by a
technical evaluation panel convened pursuant to the state Wetland Conservation Act of 1991
(WCA).
5. The water fluctuation from storm water shall not be increased over what occurs
naturally, except as provided in subdivision 4.c. above.
6. The wetland shall not be a protected fen.
7. Wetlands shall not be drained or filled, wholly or partially, unless replaced by
restoring or creating wetland areas in accordance with the WCA. When wetland replacement is
required, it shall be guided by the following principles in descending order of priority:
a. Avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;
b. Minimizing the impact by limiting the degree or magnitude of the wetland activity
and its implementation;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
environment;
d. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity; and
e. Compensating for the impact by replacing or providing substitute wetland resources
or environments.
8. If the wetland is a DNR public water, all necessary permits from the DNR shall be
obtained.
(i) Models /methodologies /computations. Hydrologic models and design methodologies
used for the determination of runoff and analysis of storm water management structures shall be
approved by the Director of Public Works. Plans, specifications and computations for storm
water management facilities submitted for review shall be sealed and signed by a registered
professional engineer. All computations shall appear on the plans submitted for review, unless
otherwise approved by the Director of Public Works.
0) Watershed management plans /groundwater management plans. Storm water
management plans shall be consistent with adopted watershed management plans and
groundwater management plans prepared in accordance with M.S. §§ 10313.231 and 10313.255,
respectively, as they may be amended from time to time, and as approved by the Minnesota
Board of Water and Soil Resources in accordance with the state law.
(7) Storm water management fee.
(a) When required. In lieu of the storm water management facilities required in §9.106(I)
the city may allow an applicant to make a monetary contribution to the development and
maintenance of community storm water management facilities designed to serve multiple land
disturbing and development activities when consistent with the City's Water Resource
Management Plan.
(b) Calculation offee. The amount of monetary contribution shall be based on $0.25 per
square foot of total impervious surface area (existing and proposed) on the subject property. For
preliminary plats, an estimated impervious coverage per lot, subject to the approval of the
Director of Public Works, shall be included in the total impervious surface area calculation.
(c) Payment offee. Payment of a monetary contribution shall occur as follows:
1. Building permit —upon issuance of building permit.
2. Excavation permit —upon issuance of excavation permit.
3. Preliminary plat —upon approval of final plat or commencement of land alteration,
whichever occurs first.
(8) Inspection and maintenance. All storm water management facilities shall be designed to
minimize the need of maintenance, to provide access for maintenance purposes, and to be
structurally sound. In addition, the following maintenance standards shall apply:
(a) All storm water detention periods shall be maintained to ensure continued effective
removal of pollutants from storm water runoff. In addition, upon 50% of the pond's original
design volume being filled with sediment, the sediment shall be removed and the pond restored
to its original design.
(b) The Director of Public Works, or designated representative, shall inspect all storm
water management facilities during construction, during the first year of operation and at least
once every five years thereafter.
(c) The applicant shall provide all necessary easements upon the subject property for
inspection and maintenance purposes of storm water management facilities as determined by the
Director of Public Works.
(d) Storm water management facilities serving a single - family residential area or
subdivision, but more than one single - family lot, shall be maintained by the city. The cost
incurred by the city for maintenance of said facilities shall be assessed, levied through a special
storm water taxing district against the properties contributing storm water runoff to or through
the facility, or by the city's storm water utility.
(e) Storm water management facilities serving a multiple- family residential building or
development; a commercial, industrial or institutional building or development; or an individual
parcel shall be maintained by the property owner on which the facility is located unless it is
determined by the Director of Public Works that it is in the best interests of the city for the city to
maintain such facilities. If the city is to maintain the storm water management facilities, the cost
incurred by the city for the maintenance may be assessed or levied as described in subsection (d)
above.
(9) Penalty. Any person, firm or corporation violating any provision of this section shall be
fined not less than deemed committed on each day during or on which a violation occurs or
continues.
(10) Other controls. In the event of any conflict between the provisions of this section and
the provisions of the city code, the more restrictive standard prevails.
(J) Land alterations.
(1) Purpose. The purpose of this section is to manage land alterations within the city and
provide for the review and approval of proposed grades prior to land alteration activities.
(2) In general. No person, firm or corporation may engage in any excavation, grading or
filling of any land in the city without first having secured a permit from the City Engineer in
accordance with this section.
(3) Exemption. The removal of material for the purpose of constructing a basement or
placement of footings are exempt from the provisions of this section, provided a grading plan
was submitted and approved as part of the review and approval process. Grading of new
subdivisions or developments is also exempt from the provisions of this section, provided a
grading plan was submitted and approved as part of the review and approval process.
(4) Land alteration permit required. A land alteration permit from the City Engineer is
required for any of the following activities:
(a) Placement, removal or grading of more than ten cubic yards of earthen material on
steep slopes adjacent to a lake or wetland, or within the shore or bluff impact zone of a lake or
wetland.
(b) Placement, removal or grading of more than 50 cubic yards of earthen material
anywhere in the city.
(c) Placement, removal or grading of earthen material within ten feet of any property line
or when such activity alters the drainage patterns of adjacent property.
(5) Conditional use permit required. A conditional use permit is required for any of the
following activities:
(a) Placement, removal or grading of more than 500 cubic yards of earthen material on
developed property zoned R -1 or R -2.
(b) Placement, removal or grading of more than 1,000 cubic yards of earthen material on
undeveloped property zoned R -1 or R -2.
(c) Placement, removal or grading of more than 1,500 cubic yards of earthen material on
property zoned R -3, R -4 or LB.
(d) Placement, removal or grading of more than 2,000 cubic yards of earthen material on
property zoned GB, CBD, I -1, I -2, or MXD.
(6) Submittal requirements. An application for a land alteration permit shall include the
following:
(a) A legal description of the land to be altered.
(b) The nature of the proposed alteration and future use of the property.
(c) The starting date and completion date of the land alteration.
(d) The names and addresses of all the owners of all the land to be altered.
(e) Scaled plans showing the existing and proposed topography with two -foot contour
intervals, and signed by a registered surveyor or engineer in the State of Minnesota.
(f) A scaled plan showing existing and proposed vegetation and ground cover.
(g) An erosion and sedimentation control plan.
A. Prohibited discharges.
1. Sanitary Sewer. No clear water from any roof, surface, groundwater, sump pump,
footing tile, swimming pool, or other buildings or structures which require, because
of infiltration of water into basements, crawl spaces, and the like, a sump pump
discharge system shall have a permanently installed discharge line which shall not at
any time discharge water into the sanitary sewer system. No person shall discharge
or cause to be discharged hazardous substances to any public sewers.
Is hereby amended to read as follows:
(4) Submission requirements stormwater management plan. A Stormwater Management
Plan shall be submitted with all permit applications identified in §9.106(I)(3). Stormwater
Management Plan submittal requirements are outlined in the City's SWMDS. No building or
land disturbing activity will be approved unless it includes a Stormwater Management Plan
detailing how runoff and associated water quality impacts resulting from development will be
controlled or managed.
(5) Plan review procedure.
(a) Process. Stormwater management plans meeting the requirements of §9.106(l) and
the City's SWMDS shall be reviewed by the Engineering Division in accordance with the
standards of §9.106(l)(6) and the City's SWMDS. The Director of Public Works, or designee,
shall approve, approve with conditions, or deny the stormwater management plan.
(b) Duration. A stormwater plan approved in accordance with this section shall become
void if the corresponding building permit, excavation permit, preliminary plat, or public
improvement project expires or becomes invalid.
(c) Conditions. A stormwater management plan may be approved subject to compliance
with conditions reasonable and necessary to insure that the requirements contained in this article
are met. Such conditions may, among other matters, limit the size, kind or character of the
proposed development, require the construction of structures, drainage facilities, storage basins
and other facilities, require replacement of vegetation, establish required monitoring procedures,
stage the work over time, require alteration of the site design to insure buffering, and require the
conveyance for stormwater management purposes to the city or other public entity of certain
lands or interests therein.
(d) Letter of credit. Prior to approval of any stormwater management plan, the applicant
shall submit a letter of credit or cash escrow to cover the estimated cost of site restoration. The
letter of credit or cash escrow amount shall be in the amount specified by the current city
SWMDS..
(e) Amendment. A stormwater management plan may be revised in the same manner as
originally approved.
(6) Approval standards. No stormwater management plan which fails to meet the standards
contained in this section shall be approved by the city.
(a) General criteria for stormwater management plans.
1. An applicant shall install or construct all stormwater management facilities according
to the criteria outlined in the City's SWMDS.
2. The applicant shall give consideration to reducing the need for stormwater
management facilities by incorporating the use of natural topography and land cover such as
wetlands, ponds, natural swales and depressions as they exist before development to the degree
that they can accommodate the additional flow of water without compromising the integrity or
quality of the wetland or pond.
3. The following stormwater management practices shall be investigated in developing a
stormwater management plan in the following descending order of preference:
a. Infiltration of runoff on -site, if suitable soil conditions are available for use;
b. Flow attenuation by use of open vegetated swales and natural depressions;
c. Stormwater retention facilities; and
d. Stormwater detention facilities.
4. A combination of successive practices may be used to achieve the applicable
minimum control requirements specified in subdivision 3. above. Justification shall be provided
by the applicant for the method selected.
(b) Specifications. At a minimum, applicants shall comply all of the NPDES general
stormwater permit requirements.
(c) Wetlands. Existing wetlands may be used for stormwater management purposes
provided the following criteria are met:
1. The wetland shall not be classified as a Group I or II water within the City Water
Resource Management Plan.
2. A protective buffer strip of natural vegetation at least ten feet in width shall surround
all wetlands.
3. A sediment trapping device or area that is designed to trap sediments 0.5 millimeters
in size or greater with a trap volume size based upon a prescribed maintenance schedule shall be
installed prior to discharge of stormwater into the wetlands.
4. The natural outlet control elevation of the wetlands if it is not a DNR public water,
shall not be changed except when either i) the outlet is intended to restore the wetland to its
original elevation, ii) the wetland basin is landlocked and the artificial outlet control is placed no
lower than 1.5 feet below the ordinary high water mark, iii) the proposed level control is
identified in the City Water Resource Management Plan, or iv) the level change is approved by a
technical evaluation panel convened pursuant to the state Wetland Conservation Act of 1991
(WCA).
5. The water fluctuation from stormwater shall not be increased over what occurs
naturally, except as provided in subdivision 4.c. above.
6. The wetland shall not be a protected fen.
7. Wetlands shall not be drained or filled, wholly or partially, unless replaced by
restoring or creating wetland areas in accordance with the WCA. When wetland replacement is
required, it shall be guided by the following principles in descending order of priority:
a. Avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;
b. Minimizing the impact by limiting the degree or magnitude of the wetland activity
and its implementation;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
environment;
d. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity; and
e. Compensating for the impact by replacing or providing substitute wetland resources
or environments.
8. If the wetland is a DNR public water, all necessary permits from the DNR shall be
obtained.
(d) Models /methodologies /computations. Hydrologic models and design methodologies
used for the determination of runoff and analysis of stormwater management structures shall be
approved by the Director of Public Works. Plans, specifications and computations for stormwater
management facilities submitted for review shall be sealed and signed by a registered
professional engineer. All computations shall appear on the plans submitted for review, unless
otherwise approved by the Director of Public Works.
(e) Watershed management plans /groundwater management plans. Stormwater
management plans shall be consistent with adopted watershed management plans and
groundwater management plans prepared in accordance with M.S. §§ 10313.231 and 10313.255,
respectively, as they may be amended from time to time, and as approved by the Minnesota
Board of Water and Soil Resources in accordance with the state law.
(7) Stormwater management fee.
(a) When required. In lieu of the stormwater management facilities required in §9.106(I)
the city may allow an applicant to make a monetary contribution to the development and
maintenance of city stormwater management facilities designed to serve multiple land disturbing
and development activities when consistent with the City's Water Resource Management Plan.
(b) Calculation offee. The amount of monetary contribution shall be found in the
SWMDS. For preliminary plats, an estimated impervious coverage per lot, subject to the
approval of the Director of Public Works, shall be included in the total impervious surface area
calculation.
(c) Payment offee. Payment of a monetary contribution shall occur as follows:
1. Building permit —upon issuance of building permit.
2. Excavation permit —upon issuance of excavation permit.
3. Preliminary plat —upon approval of final plat or commencement of land alteration,
whichever occurs first.
(8) Inspection and maintenance. All stormwater management facilities shall be designed to
minimize the need of maintenance, to provide access for maintenance purposes, and to be
structurally sound. In addition, the following maintenance standards shall apply:
(a) All stormwater detention periods shall be maintained to ensure continued effective
removal of pollutants from stormwater runoff. In addition, upon 50% of the pond's original
design volume being filled with sediment, the sediment shall be removed and the pond restored
to its original design.
(b) The Director of Public Works, or designated representative, shall inspect all
stormwater management facilities during construction, during the first year of operation and at
least once every five years thereafter.
(c) All permanent stormwater management facilities must provide a maintenance
agreement with the City that documents all responsibilities for operation and maintenance of
long -term stormwater management facilities. Such responsibility shall be documented in a
maintenance plan and executed through a maintenance agreement. All maintenance agreements
must be approved by the City and recorded at the Anoka County recorder's office prior to final
plan approval. At a minimum, the maintenance agreement shall describe the inspection and
maintenance obligations:
1. The responsible party who is permanently responsible for inspection and maintenance
of the structural and nonstructural measures.
2. Pass responsibilities for such maintenance to successors in title.
3. Allow the City and its representatives the right of entry for the purposes of inspecting
all permanent stormwater management systems.
4. Allow the City the right to repair and maintain the facility, if necessary maintenance
is not performed after proper and reasonable notice to the responsible party of the
permanent stormwater management system.
5. Include a maintenance plan that contains, but is not limited to the following:
a. Identification of all structural permanent stormwater management systems
b. A schedule for regular inspections, monitoring, and maintenance for each practice.
Monitoring shall verify whether the practice is functioning as designed and may
include, but is not limited to quality, temperature, and quantity of runoff.
c. Identification of the responsible party for conducting the inspection, monitoring and
maintenance for each practice.
d. Include a schedule and format for reporting compliance with the maintenance
agreement to the City.
e. Right of Entry. The issuance of a permit constitutes a right -of -entry for the city or
its contractor to enter upon the construction site. The applicant shall allow the city
and their authorized representatives, upon presentation of credentials, to:
i. Enter upon the permitted site for the purpose of obtaining information,
examination of records, conducting investigations or surveys.
ii. Bring such equipment upon the permitted development as is necessary to
conduct such surveys and investigations.
iii. Examine and copy any books, papers, records, or memoranda pertaining to
activities or records required to be kept under the terms and conditions of the
permit.
iv. Inspect the stormwater pollution control measures.
V. Sample and monitor any items or activities pertaining to stormwater pollution
control measures.
vi. Correct deficiencies in stormwater and erosion and sediment control
measures.
(d) Stormwater management facilities serving a single - family residential area or
subdivision, but more than one single- family lot, shall be maintained by the city. The cost
incurred by the city for maintenance of said facilities shall be assessed, levied through a special
stormwater taxing district against the properties contributing stormwater runoff to or through the
facility, or by the city's stormwater utility.
(e) Stormwater management facilities serving a multiple - family residential building or
development; a commercial, industrial or institutional building or development; or an individual
parcel shall be maintained by the property owner on which the facility is located unless it is
determined by the Director of Public Works that it is in the best interests of the city for the city to
maintain such facilities. If the city is to maintain the stormwater management facilities, the cost
incurred by the city for the maintenance may be assessed or levied as described in subsection (d)
above.
(9) Penalty. Any person, firm or corporation violating any provision of this section shall be
fined not less than deemed committed on each day during or on which a violation occurs or
continues.
(10) Other controls. In the event of any conflict between the provisions of this section and
the provisions of the city code, the more restrictive standard prevails.
(J) Land alterations.
(1) Purpose. The purpose of this section is to manage land alterations within the city and
provide for the review and approval of proposed grades prior to land alteration activities.
(2) In general. No person, firm or corporation may engage in any excavation, grading or
filling of any land in the city without first having secured a permit from the Public Works
Director in accordance with this section.
(3) Exemption. The removal of material for the purpose of constructing a basement or
placement of footings are exempt from the provisions of this section, provided a grading plan
was submitted and approved as part of the review and approval process. Grading of new
subdivisions or developments is also exempt from the provisions of this section, provided a
grading plan was submitted and approved as part of the review and approval process.
(4) Land alteration permit required. A land alteration permit from the Public Works
Director is required for any of the following activities:
(a) Placement, removal or grading of more than ten cubic yards of earthen material on
steep slopes adjacent to a lake or wetland, or within the shore or bluff impact zone of a lake or
wetland.
(b) Placement, removal or grading of more than 50 cubic yards of earthen material
anywhere in the city.
(c) Placement, removal or grading of earthen material within ten feet of any property line
or when such activity alters the drainage patterns of adjacent property.
(5) Conditional use permit required. A conditional use permit is required for any of the
following activities:
(a) Placement, removal or grading of more than 500 cubic yards of earthen material on
developed property zoned R -1 or R -2.
(b) Placement, removal or grading of more than 1,000 cubic yards of earthen material on
undeveloped property zoned R -1 or R -2.
(c) Placement, removal or grading of more than 1,500 cubic yards of earthen material on
property zoned R -3, R -4 or LB.
(d) Placement, removal or grading of more than 2,000 cubic yards of earthen material on
property zoned GB, CBD, I- 1,1 -2, or MXD.
(6) Submittal requirements. An application for a land alteration permit shall include the
following:
(a) A legal description of the land to be altered.
(b) The nature of the proposed alteration and future use of the property.
(c) The starting date and completion date of the land alteration.
(d) The names and addresses of all the owners of all the land to be altered.
(e) Scaled plans showing the existing and proposed topography with two -foot contour
intervals, and signed by a registered surveyor or engineer in the State of Minnesota.
(f) A scaled plan showing existing and proposed vegetation and ground cover.
(g) An erosion and sedimentation control plan.
(Q) Erosion and sediment control.
(1) Purpose.
(a) During the construction process, soil is highly vulnerable to erosion by wind and
water. Eroded soil endangers water resources by reducing water quality and causing
the siltation of aquatic habitat for fish and other desirable species. Eroded soil also
necessitates repair of sewers and ditches and the dredging of lakes.
(b) As a result, the purpose of this local regulation is to safeguard persons, protect
property, and prevent damage to the environment in the city. This division will also
promote the public welfare by guiding, regulating, and controlling the design,
construction, use, and maintenance of any development or other activity that disturbs
or breaks the topsoil or results in the movement of earth on land in the city. This
division is to be used in supplement to the City Zoning Code, § 9.106 and to any other
regulations as required by state agencies.
(2) Definitions. For the purpose of this division, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
AS -BUILT PLANS. Record drawings of approved and as- constructed improvements.
BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling,
preventing, and minimizing degradation of surface water, including avoidance of impacts,
construction phasing, minimizing the length of time soil areas are exposed, prohibitions, and
other management practices published by state or designated area -wide planning agencies.
PUBLIC WORKS DIRECTOR. A registered professional engineer with the State of Minnesota
who has received training and is given authority by the city to review, authorize, approve,
inspect, and maintain erosion and sediment control plans and practices.
CLEARING. Any activity that removes the vegetative surface cover.
CONSER VA TION EASEMENT. Legal land preservation agreement between a landowner and
a municipality or a qualified land protection organization. The easement confers the transfer of
usage rights from one party to another.
CONTRACTOR. The party who signs the construction contract. Where the construction project
involves more than one contractor, the general contractor shall be the contractor that is
responsible pursuant to the obligations set forth in this ordinance.
CONSTRUCTIONACTIVITY. A disturbance to the land that results in a change in the
topography, or the existing soil cover (both vegetative and non - vegetative). Examples of
construction activity may include clearing, grading, filling and excavating.
DEVELOPER. The party who signs the development agreement with the city to construct a
project.
DEWATERING. The removal of water for construction activity. It can be a discharge of
appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota
Department of Natural Resources permits are required to be appropriated and if contaminated
may require other MPCA permits to be discharged.
EROSION. The wearing away of the ground surface as a result of movement of wind water, ice
and /or land disturbance activities.
EROSION CONTROL. A measure that prevents erosion including but not limited to: soil
stabilization practices, limited grading, mulch, temporary or permanent cover, and construction
phasing.
EROSION CONTROL INSPECTOR. A designated agent given authority by the city to inspect
and maintain erosion and sediment control practices.
FINAL GRADE. Excavation or fill of material to final plan elevation. Final grade completed as
part of individual site development.
FINAL STABILIZATION. All soil disturbing activities at the site have been completed and a
uniform (evenly distributed, without large bare areas) perennial vegetative cover with a density
of 70% of approved vegetative cover for the area has been established on all unpaved areas and
areas not covered by permanent structures, or equivalent permanent stabilization measures have
been employed.
GRADING. Excavation or fill of material, including the resulting conditions thereof.
GRADING, DRAINAGE AND EROSION CONTROL PERMIT. A permit issued by the
municipality for the construction or alteration of the ground and for the improvements and
structures for the control of erosion, runoff, and grading. Herein after referred to as GRADING
PERMIT.
GRADING, DRAINAGE AND EROSION CONTROL PLANS. A set of plans prepared by or
under the direction of a licensed professional engineer. Plans are required to indicate the specific
measures and sequencing to be used to control grading, sediment and erosion on a development
site during and after construction as detailed in the "Zoning Ordinance" and City SWPPP.
IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry
of water into the soil and causes water to run off the surface in greater quantities and at an
increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios,
driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.
LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from water
or wind and the movement of sediments into or upon waters or lands within the city's
jurisdiction, including, but not limited to, clearing, grubbing, grading, excavating, transporting
and filling.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program
for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under
the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal
Regulations Title 33, Sections 1317, 1328, 1342, and 1345.
PERIMETER SEDIMENT CONTROL. A barrier that prevents sediment from leaving a site by
filtering sediment -laden runoff or diverting it to a sediment trap or basin.
PERMANENT COVER. Final site stabilization. Examples include turf, gravel, asphalt, and
concrete.
PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase
completed before the clearing of the next.
PUBLIC WATERWAY. Any body of water, including, but not limited to lakes, ponds, rivers,
streams, and bodies of water delineated by the city or other state or federal agency.
ROUGH GRADE. Excavation or fill of material to a condition suitable for general maintenance.
SEDIMENT. The product of an erosion process; solid material both mineral and organic, that is
in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest
on the earth's surface either above or below water level.
SEDIMENT CONTROL. Measures and methods employed to prevent sediment from leaving
the site. Sediment control practices may include but are not limited to silt fences, sediment traps,
earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet
protection and temporary or permanent sedimentation basins.
SITE. A parcel of land or a contiguous combination thereof, where grading work is performed
as a single unified operation.
STABILIZED. The exposed ground surface has been covered by appropriate materials such as
mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from
occurring. Grass seeding is not stabilization.
STANDARD PLATES. General drawings having or showing similar characteristics or qualities
that are representative of a construction practice or activity.
START OF CONSTRUCTION. The first land- disturbing activity associated with a
development, including land preparation such as clearing, grading, excavation and filling.
STORMWA TER. Defined under Minn. Rules, part 7077.0105, subp. 41(b), and includes
precipitation runoff, stormwater runoff, snow melt runoff, and any other surface runoff and
drainage.
STORMWA TER POLLUTION PREVENTION PROGRAM (SWPPP). A program for
managing and reducing stormwater discharge that includes erosion prevention measures and
sediment controls that, when implemented, will decrease soil erosion on a parcel of land and
decrease off -site nonpoint pollution.
SURFACE WATER or WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs,
springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether
natural or artificial, public or private.
TEMPORARY EROSION CONTROL. Methods employed to prevent erosion. Examples of
temporary cover include: straw, wood fiber blanket, wood chips, and erosion netting.
WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm
drain.
WATER CONVEYANCE SYSTEM. Any channel that conveys surface runoff throughout the
site.
WETLAND or WETLANDS. Defined in Minn. Rules, part 7050.0130, subp. F and includes
those areas that are inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater
treatment are not waters of the state.
ZONING ORDINANCE. City Code detailing city specifications for all plan requirements.
(3) Permits.
(a) Approval. No person shall be granted a grading permit for land- disturbing activity that
would require the uncovering or distributing of material in excess of any of the
following measurements without the approval of a Grading, Erosion and Sediment
Control, and Stormwater Management Plan by the city.
1. Ten thousand square feet.
2. Five hundred cubic yards undeveloped land, or 50 cubic yards developed land.
3. Within 1,000 feet of a waterway.
(b) Exception. No grading permit is required for land disturbances under the amounts
specified above, or for the following activities:
1. Any emergency activity that is immediately necessary for the protection of life,
property, or natural resources.
2. General establishment of new construction lawns, or the addition of four or fewer
inches of topsoil.
3. Existing nursery and agricultural operations conducted as a permitted main or
accessory use.
(c) Application requirements.
1. Each application shall bear the name(s) and address(es) of the owner or developer of
the site, and of any consulting firm retained by the applicant together with the name
of the applicant's principal contact at such firm.
2. A filing fee and security as outlined by the city's Zoning Ordinance and subdivision
(d) below.
3. A Grading, Erosion and Sediment Control, and Stormwater Management Plan
meeting the requirements of this division. Each application shall include the required
number of plans and other required materials as specified on the application form.
4. The application form shall include a statement by the applicant that any land clearing,
construction, or development involving the movement of earth shall be in accordance
with the approved Grading, Erosion and Sediment Control, and Stormwater
Management Plan.
(d) Security.
1. The permittee will be required to file with the city an irrevocable, automatically
renewing letter of credit, or other improvement security in the amount specified by
the current city SWMDS for fee schedule.
a. The security shall cover all costs of engineering and inspection, site improvements,
street sweeping, repairs to erosion control measures, and maintenance of
improvements for such period as specified by the city. Such deposit shall be
provided prior to the release of the grading permit.
b. Deposit shall be released after final stabilization is complete, erosion control
measures have been removed and their removal area inspected.
2. Individual lot developers shall be required to provide a bond with a building permit
application.
a. The security shall cover city costs for street sweeping, installation, maintenance and
repairs to erosion control measures. The bond will be in an amount as specified by
the current city ordinance for fee schedule.
b. The security shall be released after turf is established as specified in the City
Zoning Ordinance.
(e) Procedure. The city will review each application for grading permit to determine its
conformance with the provisions of this regulation and other applicable requirements.
The city requires complete application no less than 15 working days in advance of the
desired grading permit date. Upon complete application, the city shall, in writing:
1. Approve the permit application;
2. Approve the permit application subject to such reasonable conditions as may be
necessary to secure substantially the objectives of this regulation, and issue the permit
subject to these conditions; or
3. Disapprove the permit application, indicating the reason(s) and procedure for
submitting a revised application and /or submission;
4. Appeals of denial of permit shall be processed in accordance with appeal to the City
Zoning Ordinance.
(4) Grading, Erosion and Sediment Control, and Stormwater Management Plan
requirements.
(a) Plan requirements. Grading, erosion control practices, sediment control practices,
stormwater management practices and waterway crossings shall meet the design
criteria set forth in the Grading, Erosion and Sediment Control, and Stormwater
Management Plan, and shall be adequate to prevent transportation of sediment from
the site to the satisfaction of the city. No land shall be disturbed until the plan is
approved by the Public Works Director, and conforms to the standards set forth
herein.
The Grading, Erosion and Sediment Control, and Stormwater Management Plan shall
comply with all of the NPDES general stormwater permit requirements and the City's
SWMDS for temporary erosion and sediment control, final stabilization and permanent
water quality.
(5) Construction Requirements
(a) Construction specifications, waterway and watercourse protections requirements and
pollution prevention management measures shall comply at a minimum with all of the
NPDES general storm water permit requirements in addition to the City's
El ee Design GiaidelinesSWMDS.
(6) Inspection
(a) Notification, procedures, material requirements, permittee inspection, authorization,
and record keeping shall comply at a minimum with all of the NPDES general storm
water permit requirements in addition to the City's Engii eeri g Design ruidel:r°-s
SWMDS.
(7) Site Maintenance
(a) Responsibilities, maintenance requirements, and lapse regarding site maintenance
shall comply at a minimum with all of the NPDES general storm water permit
requirements in addition to the City's Erna =n° °ring Design G+ii elin_s SWMDS.
(8) Final Stabilization Requirements
(a) Final stabilization is not complete until the criteria laid out in the NPDES general
storm water permit and the City's Engineefing Deli ,, Guidehiies SWMDS is met.
(9) Post - Construction Stormwater Management. All post - construction stormwater
management plans must be submitted to the Public Works Director prior to the start of
construction activity. Standards for post - construction stormwater management shall be
as follows:
(a) Specifications. At a minimum, applicants shall comply with all of the NPDES general
stormwater permit requirements.
(b) Design criteria. Permanent stormwater management systems shall meet the design
criteria as provided in the City's Engineering Design Guidelines SWMDS.
(c) Maintenance Agreement. The applicant shall enter into a maintenance agreement with
the City that documents all responsibilities for operation and maintenance of long -term
stormwater treatment BMPs. Such responsibility shall be documented in a
maintenance plan and executed through a maintenance agreement. All maintenance
agreements must be approved by the City and recorded at the Anoka County
recorder's office prior to final plan approval. At a minimum, the maintenance
agreement shall describe the inspection and maintenance obligations:
The responsible party who is permanently responsible for inspection and maintenance
of the structural and nonstructural measures.
2. Pass responsibilities for such maintenance to successors in title.
3. Allow the City and its representatives the right of entry for the purposes of inspecting
all permanent stormwater management systems.
4. Allow the City the right to repair and maintain the facility, if necessary maintenance
is not performed after proper and reasonable notice to the responsible party of the
permanent stormwater management system.
5. Include a maintenance plan that contains, but is not limited to the following:
a. Identification of all structural permanent stormwater management systems
b. A schedule for regular inspections, monitoring, and maintenance for each practice.
Monitoring shall verify whether the practice is functioning as designed and may
include, but is not limited to quality, temperature, and quantity of runoff.
c. Identification of the responsible party for conducting the inspection, monitoring and
maintenance for each practice.
d. Include a schedule and format for reporting compliance with the maintenance
agreement to the City.
6. The issuance of a permit constitutes a right -of -entry for the city or its contractor to
enter upon the construction site. The applicant shall allow the city and their
authorized representatives, upon presentation of credentials, to:
a. Enter upon the permitted site for the purpose of obtaining information, examination
of records, conducting investigations or surveys.
b. Bring such equipment upon the permitted development as is necessary to conduct
such surveys and investigations.
c. Examine and copy any books, papers, records, or memoranda pertaining to
activities or records required to be kept under the terms and conditions of the
permit.
d. Inspect the stormwater pollution control measures.
e. Sample and monitor any items or activities pertaining to stormwater pollution
control measures.
f. Correct deficiencies in stormwater and erosion and sediment control measures.
(10) Certification.
(a) Approved Grading, Erosion & Sediment Control, and Stormwater Management
Plan. Plans for grading, stripping, excavating, and filling work bearing the approval
of the Public Works Director shall be maintained at the site during the progress of the
work.
(b) Procedure. The city will withhold issuance of building permits until the approved
certified Grading Plan and Site Development Plan are on file with the city, all
securities as required by this division are received, conservation posts installed and all
erosion control measures are in place as determined by the Public Works Director.
(c) As -built Grading Plan and Development Plan. Within 60 days after completion of site
development as per the approved Grading, Erosion and Sediment, and Stormwater
Management Plan, , the developer shall provide the city with an As -built Grading Plan
and Development Plan as defined in the City Zoning Ordinance.
(d) Removal of erosion control measures. The above specified requirements will be
authorized for removal upon the sodding of the rear yards, completion of punch list
items involving ponds and slopes, final stabilization, completion of proper turf
establishment and placement of the proper conservation easement posts and signs as
specified. Inspection is required after the removal of erosion control measures to verify
proper restoration. Please refer to City Zoning Ordinance for specifications.
(11) Enforcement.
(a) Notice of Violation.
1. In the event that any work on the site does not conform to the approved erosion and
sediment control plan or any of the requirements listed in the provisions of this
ordinance, the Public Works Director or his or her designee shall issue a written
notice of violation to the applicant detailing the corrective actions necessary for
compliance. The applicant shall conduct the corrective actions within the time period
determined by the city and stated in the notice. If an imminent hazard exists, the city
may require that the corrective work begin immediately.
(b) Stop work order /revocation of site development permit.
1. In the event that any person holding a site development permit pursuant to this
ordinance violates the terms of the permit or implements site development in such a
manner as to materially adversely affect the health, welfare, environment, or safety of
persons residing or working in the neighborhood or development site so as to be
materially detrimental to the public welfare or injurious to property or improvements
in the neighborhood, the city may suspend or revoke the site development permit
through the issuance of a stop work order or the revocation of site development or
building permit.
2. The city may draw down on the grading permit security, with 30 days written notice
to developer, for any violation of the terms of this contract related to landscaping if
the violation is not cured within such 30 day period or if the security is allowed to
lapse prior to the end of the required term. If the security is drawn down, the proceeds
shall be used to cure the default.
3. No development, utility or street construction will be allowed and no building permits
will be issued unless the development is in full compliance with the requirements of
this subdivision.
(c) Violation and penalties.
1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation,
or fill, or cause the same to be done, contrary to or in violation of any terms of this
division. Any person violating any of the provisions of this division shall be deemed
guilty of a misdemeanor and each day during which any violation of any of the
provisions of this division is committed, continued, or permitted, shall constitute a
separate offense.
2. Upon conviction of any such violation, such person, partnership, or corporation shall
be punished by a fine as specified by the city ordinance for fee schedule for each
offense. In addition to any other penalty authorized by this section, any person,
partnership, or corporation convicted of violating any of the provisions of this
division shall be required to bear the expense of such restoration.
This ordinance shall be in full force and effect from and after 30 days after its passage.
Firsts Reading: January 26, 2015
Second Reading: February 9, 2015
Dated of Passage: February 9, 2015
Offered by: Williams
Seconded by: Murzyn, Jr.
Roll Call: All Ayes
Mayor Gary L. Peterson
Attest:9
�i _
atie Bruno
City Clerk