§ 16.11  STORM WATER POND AERATION PERMIT REQUIRED.
   (a)   Required. A storm water pond aeration permit is required to install, alter or relocate storm water pond on or as defined in Chapter 16. Only removable may be installed. is permitted from April 1 through October 15. Permanently installed and winter aeration are prohibited, unless specifically authorized by the Minnesota Department of Natural Resources. must be located and operated in a manner where it does not cause a nuisance to other abutting property owners. The may limit any lighting and the height and width of spray on fountain type .  The may at any time restrict the hours aeration equipment may operate. Only one permit will be issued for a storm water pond. Storm water ponds operating aeration systems other than what is listed on the approved permit will be prohibited and any existing storm water pond aeration permits may be revoked.
   (b)   Application.
      (1)   Application for a permit under this Article III must be made in writing to the Engineering Division and must be on a form provided by the Engineering Division. All storm water pond aeration permits will be issued by the .
      (2)   The application must be accompanied with the following:
         (A)   Completed application form, including signatures from 75% of the abutting property owners and signed agreement included with the application form;
         (B)   Aeration system specifications, including sizing criteria, type and details of the equipment and power supply details provided by a ;
         (C)   Documentation indicating the installer is a and will properly install all equipment;
         (D)   Removal and maintenance documentation; and
         (E)   Payment of fee as established in Appendix A, City of Bloomington Schedule of Fees.
      (3)    are only eligible for a permit if the permit applicant agrees to coordinate, conduct, and provide research data to the City of Bloomington in accordance with the terms placed upon the permit by the Engineering Division.
   (c)   Expiration. If installation, alteration or relocation of the for which a storm water pond aeration permit was issued has not commenced within 180 days from the date of its issuance, or if work authorized by the storm water pond aeration permit is suspended or abandoned for a period over 180 days, the permit will expire by operation of law and will no longer be of any force or effect and a new permit must be obtained. The Director of Public Works may, for good cause shown in writing, extend the validity of any such permit for an additional period which is reasonable under the circumstances, but in no event will the continuance exceed a period of 60 days.
   (d)   Renewal. The initial storm water pond aeration permit requires renewal after the first season of operation, after which the permit may be renewed in increments of an additional 3 years. A renewal fee may apply. If more than 25 percent of the property owners adjacent to the storm water pond oppose aeration at any time, the permit will not be renewed and the storm water must be removed.
   (e)   Exemptions. The following are exemptions to the requirements of this Article III.
      (1)   Storm water pond locations where a DNR permit already exists for aeration year round do not require a city storm water pond aeration permit and are allowed to aerate year round, per the DNR permit.
      (2)   A public agency governmental unit, or political subdivision with a Pond or Lake Management Plan or other master plan, such as a Park or Natural Resource Master Plan, is not required to obtain a City of Bloomington storm water pond aeration permit for a public storm water pond.
      (3)    as defined in Chapter 16 that are not connected to a public storm sewer are not required to obtain a City of Bloomington storm water pond aeration permit for storm water pond aeration.
(1958 Code, § 52.04)  (Ord. 69-69, passed 8-19-1969; Ord. 69-93, passed 11-17-1969; deleted by Ord. 2006-32, passed 7-24-2006; added by Ord. 2011-9, passed 3-7-2011; Ord. 2015-28, passed 11-2-2015; Ord. 2021-19, passed 6-14-2021)