(A) Findings. The city hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands, natural habitat areas, areas subject to soil erosion and areas containing restrictive soils adversely affects the public health, safety and general welfare by impacting water quality and contributing to other environmental problems, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the city to provide adequate water, sewage, flood control and other community services. In addition, extraordinary public expenditures may be required for the protection of persons and property in the area and in areas which may be affected by unplanned land usage.
(B) Purpose. The purpose of this section is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land disturbing and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land disturbing or development activities proposed for those areas, thereby achieving a balance between urban growth and development and protection of water quality and natural areas.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person who wishes to obtain a building permit or zoning or subdivision approval.
CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution.
DETENTION FACILITY. A permanent natural or human-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water.
FLOOD FRINGE. The portion of the flood plain outside of the floodway.
FLOOD PLAIN. The areas adjoining a watercourse or water basin that have been or may be covered by a regional flood.
FLOODWAY. The channel of the watercourse, the bed of water basins and those portions of the adjoining flood plains that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood.
HYDRIC SOILS. Soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
LAND DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including removing vegetative cover, excavating, filling, grading and the construction of any structure.
PUBLIC WATERS. Waters of the state as defined in M.S. § 103G.005, Subdivision 15, as it may be amended from time to time.
REGIONAL FLOOD. A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100-year recurrence interval.
RETENTION FACILITY. A permanent natural or human made structure that provides for the storage of storm water runoff by means of a permanent pool of water.
SEDIMENT. Solid matter carried by water, sewage or other liquids.
STRUCTURE. Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots and paved storage areas.
WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, WETLANDS must have the following three attributes:
(a) Have a predominance of hydric soils;
(b) Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
(c) Under normal circumstances support a prevalence of the vegetation.
(D) Scope and effect.
(1) Applicability. Every applicant for subdivision approval or a permit to allow land disturbing activities of one acre or greater must submit a storm water management plan to the Zoning Administrator. No subdivision approval or permit to allow land disturbing activities of one acre or greater shall be issued until approval of the storm water management plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this section. The provisions of this section apply to all land, public or private, located within the city.
(2) Exemptions. The provisions of this section do not apply to:
(a) Any part of a subdivision if a plat of the subdivision has been approved by the City Council on or before the effective date of this section;
(b) A lot for which a building permit has been approved on or before the effective date of this section;
(c) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles; or
(d) Emergency work to protect life, limb or property.
(3) Waiver. The City Council may waive any requirement of this section upon making a finding that compliance with the requirement of this section will involve an unnecessary hardship and the waiver of the requirement will not adversely affect the standards and requirements set forth in division (F). The City Council may require as a condition of the waiver, the dedication of land or construction of improvement, or agreement to dedicate or construct as may be necessary to adequately meet the standards and requirements.
(E) Storm water management plan approval procedures.
(1) Application.
(a) A written application for storm water management plan approval, along with the proposed storm water management plan, shall be filed with the Zoning Administrator and shall include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted by right or as an exception in the underlying zoning district, and adequate evidence showing that the proposed use will conform to the standards set forth in this section. Prior to applying for approval of a storm water management plan, an applicant may have the storm water management plan reviewed by the appropriate departments of the city.
(b) Three sets of clearly legible copies of drawings and required information shall be submitted to the Zoning Administrator with all requisite fees and securities. 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 one-inch equals 100 feet.
(c) In cases where the storm water management plan review is a portion of another application, the applicant must submit the materials required by this section for any such application to be deemed complete. The review of the plan shall proceed as part of the process for reviewing said application.
(2) Storm water management plan. At a minimum, the storm water management plan shall contain the following information:
(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 the information as the names and numbers of adjoining roads, railroads, utilities, subdivisions, 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, 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 unaltered site where storm water collects; and
6. One hundred-year flood plains, 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 construction site erosion control measures necessary to meet the requirements of this section; and
3. Provisions for maintenance of the construction site erosion control measures during construction.
(c) Plan of final site conditions. A plan of final site 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 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;
3. The proposed size, alignment and intended use of any structures to be erected on the site;
4. 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
5. Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project.
(F) Plan review procedure.
(1) Process.
(a) Storm water management plans meeting the requirements of division (E) above shall be submitted to the Zoning Administrator for review in accordance with the standards of division (G) below. In cases where the plan is reviewed independently of other applications, the Zoning Administrator shall review the plan in accordance with the process outlined in § 153.026.
(b) In the event that the applicant receives a decision from the Zoning Administrator denying the application for approval of the storm water management plan, the applicant, if the applicant so desires, may appeal the decision to the Board of Zoning Adjustments as more specifically set forth in § 153.021. If the Board of Zoning Adjustments affirms the Zoning Administrator's decision to deny the application for the applicant's storm water management plan, the applicant may further appeal the decision of the Board of Zoning Adjustments to the District Court, subject to the provisions of M.S. § 462.361, as it may be amended from time to time.
(2) Duration. Approval of a plan submitted under the provisions of this section shall expire one year after the date of approval unless construction has commenced in accordance with the plan. However, if prior to the expiration of the approval, the applicant makes a written request to the Zoning Administrator for an extension of time to commence construction setting forth the reasons for the requested extension, the Zoning Administrator may grant one extension of not greater than one single year. Receipt of any request for an extension shall be acknowledged by the Zoning Administrator within 15 days. The Zoning Administrator shall make a decision on the extension within 30 days of receipt. Any plan may be revised in the same manner as originally approved.
(3) Conditions. A storm water management plan may be approved subject to compliance with conditions that are reasonable and necessary to ensure that the requirements contained in this section are met. The conditions may, among other things, limit the size, kind or character of the proposed development, require the construction of structures, fences, 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 ensure buffering and require the conveyance to the city or other public entity of certain lands or interests therein.
(4) Performance bond.
(a) Prior to approval of any storm water management plan, the applicant shall submit an agreement to construct the required physical improvements, to dedicate property or easements, or to comply with the conditions as may have been agreed to. The agreement shall be accompanied by a bond to cover the amount of the established cost of complying with the agreement. The agreement and bond shall guarantee completion and compliance with conditions within a specific time, which time may be extended in accordance with division (F)(2) of this section.
(b) The adequacy, condition and acceptability of any agreement and bond shall be determined by the City Attorney.
(5) Fees. All applications for storm water management plan approval shall be accompanied by a processing and approval fee in an amount determined in the city's fee schedule.
(G) Approval standards.
(1) Generally. No storm water management plan which fails to meet the standards contained in this section shall be approved by the Zoning Administrator.
(2) Tracking. Each site shall have graveled 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.
(3) 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.
(4) Storm water management criteria for permanent facilities.
(a) An applicant shall install or construct, on or for the proposed land disturbing or development activity, all storm water management facilities necessary to manage increased runoff so that the two-year, ten-year and 100-year storm peak discharge rates existing before the proposed development shall not be increased and accelerated channel erosion will not occur as a result of the proposed land disturbing or development activity.
(b) 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.
(H) Other controls. In the event of any conflict between the provisions of this section and the provisions of an erosion control or shore land protection ordinance adopted by the City Council, the more restrictive standard prevails.
(Ord. 583, passed 8-26-2019)