A. Purpose: The purpose of this Section is to establish standards and requirements for erosion and sediment control measures to be taken during the development of and alterations to lands within the City of Little Falls. This Section is also established to protect public health, safety and general welfare, property and the environment by establishing regulations for erosion and sediment control related to land disturbing activities as required by the United States Environmental Protection Agency US-EPA and the Minnesota Pollution Control Agency MPCA, laws.
B. Applicability: All land disturbing activities are subject to the conditions of this Section.
1. Land disturbing activities less than five thousand (5,000) square feet are not required to obtain a Land Disturbance Permit, but must comply with the minimum requirements of Subsection B.4 of the Section.
2. Land disturbing activities that disturb land of greater than or equal to five thousand (5,000) square feet are required to obtain a Land Disturbance Permit (LDP).
a. Residential, multi-family, commercial and industrial sites: all persons planning a land disturbing activity meeting the requirements of this Section on an existing parcel of record [building site], shall obtain a Land Disturbance Permit from the City prior to obtaining a building permit. A building permit will not be issued without an approved building site Land Disturbance Permit.
b. Subdivision development: a subdivision owner/developer/agent planning a land disturbing activity meeting the requirements of this Section, including, but not limited to mass grading, site development, and roadway and utility installation on an existing parcel of record, shall obtain a Land Disturbance Permit from the City. A subdivision owner/ developer/ agent may have multiple phase permits open for the master plan site. The Land Disturbance Permit will not be issued without approved final construction plans and specifications relevant to final plat phasing. Prior to site work or building construction, each parcel of record (building site) must have its own Land Disturbance Permit obtained by the owner or applicant.
c. Roadway and utility installation construction plans: all people planning a land disturbing activity meeting the requirements of this Section on a new or an existing lot of record for the purpose of the construction of any roadway or utilities shall submit a Land Disturbance Permit application to the City at the time of the roadway and utility plan. Each parcel of record within a subdivision must obtain a separate Land Disturbance Permit.
3. In addition to obtaining a Land Disturbance Permit from the City, a Minnesota Pollution Control Agency NPDES Construction Stormwater (CSW) Permit is required for construction activity that results in land disturbance of equal to or greater than one acre or a common plan of development or sale that disturbs greater than one acre.
4. All land disturbing activities must comply with these minimum requirements:
a. Property and streets adjacent to the site of a land disturbance shall be protected from sediment deposition. This shall be accomplished by preserving a well-vegetated buffer strip around the lower perimeter of the land disturbance, by installing perimeter controls such as sediment barriers, filters, dikes or sediment basins, by stockpiling soil in appropriate locations or by a combination of such measures.
b. All storm sewer inlets which are functioning during construction shall be protected so that sediment-laden water will not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
c. Property and waterways downstream from development sites shall be protected from flooding and erosion due to increases in the volume, velocity and peak water flow rate of storm water runoff. Concentrated storm runoff water leaving a development's site must be discharged directly into a well-defined natural or manmade offsite receiving channel or pipe.
d. A permanent vegetative cover shall be established in denuded areas not otherwise permanently stabilized forthwith after land disturbing activity is complete.
e. Whenever construction vehicles access public roads, provision shall be made to minimize the transport of sediment by runoff or vehicle tracking onto the paved surface. Where sediment is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day.
f. All temporary and permanent erosion and sediment control practices shall be maintained and repaired to assure the continued performance of their intended function.
g. All temporary erosion and sediment control measures shall be removed within thirty (30) days after final site stabilization is achieved or after the temporary measures are no longer needed.
5. The Land Disturbance Permit does not replace, eliminate or satisfy the need for any other permits required by any other public or private entity.
C. Exemptions: The provisions of this Section do not apply to emergency work to protect life, limb or property and emergency repairs.
D. Land Disturbance Permit Fee Exemptions:
1. The following activities that meet the requirements of this Section and require a Land Disturbance Permit are subject to the provisions of this Section but are exempt from the fee requirements:
a. Maintenance work by City employees.
b. Federal, State, County, MS4 and other projects where the City does not have regulatory Authority.
c. Construction projects administered through the City's Engineering Department.
d. Nursery, home gardening and agricultural operations.
E. Land Disturbance Permit:
1. Prior to any land disturbing activities on lands subject to this Section, the owner or applicant shall be required to obtain a Land Disturbance Permit.
2. All applications shall be submitted to the Engineering Department. All single family residential land disturbance permits shall be processed within seven (7) business days from receipt of a completed application. All non-single family residential permits shall be processed within thirty (30) calendar days from receipt of a completed application.
3. The City of Little Falls shall, in writing:
a. Approve the permit application;
b. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this Section, and issue the permit subject to these conditions; or
c. Disapprove the permit applications, indicating the reason(s) and procedure for submitting a revised application and/ or submission.
d. Failure of the City to act on an original or revised Land Disturbance Permit application within seven (7) business days for single family residential permits and thirty (30) calendar days for all other permits upon receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the City, or the city notifies the applicant of errors and/ or omissions in the application requiring corrective action on the part of the applicant. Once the Land Disturbance Permit is approved, permit coverage will be issued to the permittee.
F. Land Disturbance Permit Fees:
1. Fees for Land Disturbance Permits shall be established by Council Resolution.
2. All Land Disturbance Permit fees shall be submitted to City Hall with the permit application.
G. Land Disturbance Permit Submittals:
1. The application for a Land Disturbance Permit shall include the following:
a. A completed Land Disturbance Permit Application naming the property owner, project/property information, contractor, and/or the engineer/designer (if applicable);
b. Map of the subject property showing the location of existing and proposed buildings, structures, and impervious surfaces;
c. Description of the construction or land disturbing activity to be performed on the property and proposed project schedule;
d. Identification of all stormwater drains and drainage ways and or public waters located on and within thirty (30) feet of the subject property's boundaries;
e. Identification of all wetland buffer zones if applicable; (A previous delineation is acceptable.)
f. Identification of measures to be utilized to control erosion and sedimentation within and from the subject property during the project activity as required herein;
g. Identification of all permanent erosion control measures and a completion schedule.
h. Identification of the location of soil storage or stock pile areas to be utilized;
i. Identification of all measures to be utilized to protect neighboring property, water bodies, and wetland buffer zones; and
j. Identification, use, and maintenance of BMP's for temporary erosion and sedimentation control as recommended by the most current version of the MPCA stormwater manual including but not limited to:
1. Perimeter erosion control devices, including but not limited to silt fence, sediment logs, mulch, etc.;
2. Stockpile protection;
3. Phased grading;
4. Temporary seeding, mulching, and disc anchoring (with seed and mulch type);
5. Storm drain inlet protection devices;
6. Appropriately protected construction entrance;
7. Removal of all debris, dirt and soil from impervious ground surfaces, including abutting public or private roadways and sidewalks, in connection with the subject property (street sweeping);
8. Sediment basins and flow diversions; and
9. Any other erosion and sedimentation control device as deemed necessary by the City.
H. Land Disturbance Permit Standards: All exposed soil areas must have appropriate permanent or temporary stabilization as soon as possible to limit soil erosion but in no case later than seven (7) days after the construction activity in that portion of the site has temporarily or permanently ceased. Temporary stockpiles without significant silt, clay or organic components (e.g. clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles) and the constructed base components of roads, parking lots and similar surfaces are exempt from this requirement but must comply with stockpile requirements.
I. Duration of Coverage by Land Disturbance Permit:
1. Final Stabilization is achieved, a Notice of Termination (NOT) has been filed with the City and all termination of coverage requirements are met and the City has issued the NOT. A NOT issued by the City does not terminate the MPCA NPDES Construction Stormwater Permit; a separate NOT must be filed with the MPCA.
2. Change of Coverage. For stormwater discharges from construction projects where the Owner changes prior to issuing NOT ( e.g. a homebuilder sells a house and lot to the final homebuyer or the entire site changes ownership):
a. The original/ current applicant shall provide a copy of the notice of termination/permit modification form to the new applicant.
b. The original/ current applicant shall provide the SWPPP, or equivalent plan, to the new applicant that specifically addresses the remaining construction activity. If the SWPPP or equivalent plan is not relevant, or the new applicant wants to use a new plan, this must be submitted with the notice of termination/permit modification form.
c. The new and current applicants shall work together to submit one (1) completed and signed permit modification form to the City within seven (7) calendar days of assuming operational control of the site, commencing work on their portion of the site, or of the legal transfer, sale, or closing on the property. No new fees will be required. The change of coverage becomes effective five (5) calendar days from receipt of the completed form unless the permittee is contacted by the City during the five (5) day period and notified of an incomplete form. The permit modification portion of the NOT /permit modification form acts as the permit application for the new applicant and a NOT for the current applicant only for the portion of the site which was sold.
d. Late submittals of Land Disturbance Permit transfers will not be rejected, however, the City reserves the right to take enforcement for any unpermitted discharges or permit noncompliance for the new registered party that has assumed control of the site.
e. For stormwater discharges from construction activities where the applicant changes, the new applicant can implement the original SWPPP created for the project or develop and implement their own SWPPP.
f. The new permittee shall ensure either directly or through coordination with the old permittee that their SWPPP meets all terms and conditions of this Section and that their activities do not render ineffective another party's erosion and sediment control BMP's.
3. Time Requirement Reached. The Land Disturbance Permit becomes void if work does not begin within one hundred eighty (180) days of permit approval or is suspended at any time for over one hundred eighty (180) days. Extensions may be granted upon request received at least fifteen (15) days prior to permit becoming void. If a permit becomes void, the permit application process will begin anew.
J. Termination of Coverage: A permittee wishing to terminate the Land Disturbance Permit must complete Final Stabilization of the site and submit a Notice of Termination (NOT) request. Requests for NOT are made by completing the NOT /permit modification form supplied with the permit; and submitting it to Engineering Department or designee as provided with the notice of coverage. Compliance with the Land Disturbance Permit is required until a NOT is submitted and approved by the City. The NOT becomes effective fifteen (15) calendar days after the postmarked date of the completed NOT form or other proper notification unless the permittee is contacted by the City during the fifteen (15) day period and notified that the NOT request is incomplete or that the request has been denied.
K. Inspections:
1. The City shall have the right to enter and inspect a property to determine compliance with this Section.
a. Self-Inspections. The permittee or their designee must make regular inspections of the entire site at least once every seven (7) days during active construction and within twenty four (24) hours after a rainfall event greater than 0.25 inches in twenty four (24) hours, to ensure compliance with this Section. Records of these inspections shall be made available to the City upon request.
b. City Inspections. The Public Works Director and/or their designee shall make inspections and either approve that portion of completed work or notify the permittee where work is non-compliant. The Land Disturbance Permit fee shall cover the cost of routine inspections. Additional inspections due to noncompliance will be billed to the affected property owner as set by City Council resolution.
L. Violations and Enforcement:
1. In the event of noncompliance, the City may suspend construction and any issued permits. Only corrective action work to bring the site back to compliance will be permitted. No other construction on the site shall be allowed until authorized by the City.
2. The City shall use the following procedure to notify property owners of violations and corrective measures:
a. Residential, Commercial, Multifamily and Industrial Site. In the event a Building Site Permittee is in violation of the Land Disturbance Permit or the SWPPP, the city may issue a stop work order suspend or revoke the Land Disturbance Permit or building permits for the site. The City shall serve the Permittee and/or other responsible persons, in writing a Notice of Violation.
b. Land Disturbing Activities in Public Right of Ways. The City shall notify the responsible party of the violation and require that construction activities be terminated to allow the responsible party to remove conditions or remedy any defects. The notice shall require the responsible party to take reasonable steps within twenty-four (24) hours to abate and correct the violation.
c. Stop Work Orders. The Public Works Director or their designee may issue stop work orders for any violation of this Section.
d. Public Nuisance. A violation of this Section is declared to be a public nuisance and which may be abated according to the provisions for Section 10.31. (Ord. 71, 6th Series, eff. 2-2-2015)