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§ 158.20 PERMIT REVIEW PROCESS.
   (A)   Pre-application meeting. At the discretion of the Zoning Administrator, the city shall facilitate a pre-application meeting with the applicant, city staff (or their authorized representative) and staff of relevant partner agencies (e.g., WCD, MSCWMO, VBWD, MDNR and the like). The purposes of the meeting are to understand the general parameters of the proposed project and to convey the requirements of meeting the provisions of this chapter.
   (B)   Application completeness review. The city shall make a determination regarding the completeness of a permit application and notify the applicant in writing if the application is not complete including the reasons the application was deemed incomplete.
   (C)   Application review. The applicant shall not commence any construction activity subject to this chapter until a permit has been authorized by the city.
   (D)   Permit authorization. If the city determines that the application meets the requirements of this chapter, the city may issue approval authorizing the project or activity. The approval shall be valid for one year.
   (E)   Permit denial. If the city determines the application does not meet the requirements of this chapter the application must be denied. If the application is denied, the applicant will be notified of the denial in writing including reasons for the denial. Once denied, a new application must be resubmitted for approval before any activity may begin.
   (F)   Plan information requirements. The minimum information requirements of the application shall be consistent with the requirements in the most recent version of the NPDES/SDS construction stormwater general permit and Middle St. Croix WMO or Valley Branch Watershed District performance standards. The application information must also include permanent treatment information showing the proposed project meets the MSC WMO or VBWD performance goals.
   (G)   Modification of permitted plans. If any of the following instances occur to a site with an approved ESC Plan or SWMP, the applicant shall apply for an amendment to the associated permit(s), submitting all updated materials, reflecting the needed changes; the review of the amended materials shall use the same process as a new submittal, as designated in this chapter.
      (1)   There is a change in design, construction, operation, maintenance, weather or seasonal conditions that has a significant effect on the discharge of pollutants to surface water or underground water.
      (2)   Inspections or investigations by site operators, local, state or federal officials indicate the plans are not effective in eliminating or significantly minimizing the discharge of pollutants to surface water or underground water or that the discharges are causing water quality standard exceedances.
      (3)   The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity.
   (H)   Permit completion. Before work under the permit is deemed complete, the permittee must submit as-builts, a long-term maintenance plan and information demonstrating that the stormwater facilities conform to design specifications.
(Ord. 03-2017, passed 3-21-2017)
§ 158.21 SITE DESIGN AND MIDS CALCULATOR.
   (A)   Better site design. Whenever possible, development projects shall be designed using the better site design techniques of the current version of the state’s Stormwater Manual.
   (B)   MIDS calculator. Final site design and choice of permanent stormwater volume reduction practices shall be based on outcomes of the MIDS calculator (or other model that shows the performance goal can be met) and shall meet the performance standards in § 158.22 of this code.
   (C)   Buffer requirement. Buffer locations and widths must comply with the state, the state’s Pollution Control Agency and Middle St. Croix Watershed Management Organization or Valley Branch Watershed District standards.
(Ord. 03-2017, passed 3-21-2017)
§ 158.22 STORMWATER VOLUME REDUCTION PERFORMANCE STANDARDS.
   Any applicant for a stormwater management permit as defined in Section 2 must meet all of the following performance standards:
   (A)   New development volume control. For new, nonlinear developments on sites without restrictions, stormwater runoff volumes will be controlled and the post-construction runoff volume shall be retained on site for one and one-tenth inches of runoff from all impervious surfaces on the site.
   (B)   Redevelopment volume control. Nonlinear redevelopment projects on sites without restrictions that create or fully reconstruct impervious surfaces shall capture and retain on site one and one-tenth inches of runoff from the new and/or fully reconstructed impervious surfaces.
   (C)   Linear development volume control. Linear projects on sites without restrictions that create new and/or fully reconstructed impervious surfaces, shall capture and retain the larger of the following:
      (1)   Fifty-five hundredths inches of runoff from the new and fully reconstructed impervious surfaces on the site; or
      (2)   One and one-tenth inches of runoff from the net increase in impervious area on the site. Mill and overlay and other resurfacing activities are not considered fully reconstructed.
(Ord. 03-2017, passed 3-21-2017)
§ 158.23 FLEXIBLE TREATMENT ALTERNATIVES FOR SITES WITH RESTRICTIONS.
   (A)   Applicant shall attempt to comply fully with the appropriate performance standards described above. Alternatives considered and presented shall examine the merits of relocating project elements to address, varying soil conditions and other constraints across the site.
   (B)   If full compliance is not possible due to any of the factors listed below, the applicant must document the reason. If site constraints or restrictions limit the full treatment goal, the following flexible treatment alternatives shall be used.
      (1)   Applicant shall document the flexible treatment alternatives sequence starting with Alternative #1. If Alternative #1 cannot be met, then Alternative #2 shall be analyzed. Applicants must document the specific reasons why Alternative #1 cannot be met based on the factors listed below.
      (2)   If Alternative #2 cannot be met, then Alternative #3 shall be met. Applicants must document the specific reasons why Alternative #2 cannot be met based on the factors listed below.
      (3)   When all of the conditions are fulfilled within an alternative, this sequence is completed.
   (C)   Volume reduction techniques considered shall include infiltration, reuse and rainwater harvesting and canopy interception and evapotranspiration and/or additional techniques included in the MIDS calculator and the state’s Stormwater Manual.
   (D)   Higher priority shall be given to BMPs that include volume reduction. Secondary preference is to employ filtration techniques, followed by rate control BMPs. Factors to be considered for each alternative will include:
      (1)   Karst geology;
      (2)   Shallow bedrock;
      (3)   High groundwater;
      (4)   Hotspots or contaminated soils;
      (5)   Drinking water source management areas or within 200 feet of drinking water well;
      (6)   Zoning, setbacks or other land use requirements; and
      (7)   Poor soils (infiltration rates that are too low or too high, problematic urban soils).
   (E)   Alternative #1. Applicant attempts to comply with the following conditions:
      (1)   Achieve at least fifty-five hundredths inches volume reduction from all impervious surfaces if the site is new development or from the new and/or fully reconstructed impervious surfaces for a redevelopment or linear development site;
      (2)   Remove 75% of the annual TP load from all impervious surfaces if the site is new development or from the new and/or fully reconstructed impervious surfaces for a redevelopment site; and
      (3)   Options considered and presented shall examine the merits of relocating project elements to address, varying soil conditions and other constraints across the site.
   (F)   Alternative #2. Applicant attempts to comply with the following conditions:
      (1)   Achieve volume reduction to the maximum extent practicable;
      (2)   Remove 60% of the annual TP load from all impervious surfaces if the site is new development or from the new and/or fully reconstructed impervious surfaces for a redevelopment site; and
      (3)   Options considered and presented shall examine the merits of relocating project elements to address, varying soil conditions and other constraints across the site.
   (G)   Alternative #3. Off-site treatment.
      (1)   Mitigation equivalent to the performance of one and one-tenth inches of volume reduction for new development, linear development or redevelopment as described above in this section, (including banking or cash) can be performed off-site to protect the receiving waterbody.
      (2)   Off-site treatment shall be achieved in areas selected in the following order of preference:
         (a)   Locations that yield benefits to the same receiving water that receives runoff from the original construction activity;
         (b)   Locations within the same Department of Natural Resource (DNR) catchment area (Hydrologic Unit 08) as the original construction activity;
         (c)   Locations within the next adjacent DNR catchment area upstream; and
         (d)   Locations anywhere within the city’s jurisdiction.
      (3)   The MIDS design sequence flowchart can be found in the state’s Stormwater Manual, available at http://stormwater.pca.state.mn.us/index.php/Flexible_treatment_options.
(Ord. 03-2017, passed 3-21-2017)
§ 158.24 STORMWATER MANAGEMENT RATE CONTROL.
   For new development, redevelopment and linear development sites the site design shall provide onsite treatment during construction and post-construction to ensure no increase from existing conditions in offsite peak discharge for the one-year, two-year, ten-year and 100-year, 24-hour storm events based on the standards defined by the MSCWMO or VBWD. For single-family residential building lots not part of a common plan of development site rate control requirements do not apply.
(Ord. 03-2017, passed 3-21-2017)
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