A. Objectives: The objectives of this section are to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. This section seeks to meet that purpose through the following objectives:
1. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety;
2. Control stormwater runoff from development and redevelopment to reduce flooding, silt deposits and stream bank erosion, and maintain the integrity of stream channels;
3. Control nonpoint source pollution caused by stormwater runoff from development; and
4. Control the total annual volume of surface water runoff which flows from any specific site following development.
B. Applicability: The rules of applicability are as set forth in section 14-1-6, "Construction Site Stormwater Runoff And Erosion Control", of this chapter.
C. Stormwater Pollution Prevention Plan:
1. Stormwater Pollution Prevention Plan Required For All New Developments And Redevelopments: No application for development or redevelopment will be approved unless it includes a stormwater pollution prevention plan detailing how runoff and associated water quality impacts resulting from the development will be controlled or managed and contains the submission materials identified in subsection 14-1-6D of this chapter. This plan must indicate whether stormwater will be managed on site or off site and, if on site, the general location and type of practices.
The stormwater pollution prevention plan(s) shall be referred for comment to interested agencies, and any comments must be addressed in a final stormwater pollution prevention plan. This final plan must be signed by a licensed professional engineer (PE) of the state of Minnesota.
2. Design Of Stormwater Facilities: The stormwater pollution prevention plan shall meet the design requirements outlined in the city's land disturbance guidance document.
3. Maintenance Of Existing Stormwater Facilities: Any stormwater facility in existence prior to the adoption date hereof shall be maintained by the owner of the stormwater facility and in a manner to conform to design standards for that facility. Any redevelopment of the stormwater facility shall require that the facility meet current stormwater design standards as set forth in the city's land disturbance guidance document.
The thresholds for maintenance are triggered once sediment deposits reach a point greater than is allowed under the design standard criteria, or such deposits begin to have a substantial effect on the water quality or holding capacity of the pond.
4. Inspection Of Stormwater Facilities: Inspection programs shall be established on a regular basis, including, but not limited to, an inspection in accordance with the schedule defined in the MPCA MS4 permit section V, part 6.b or more often if deemed necessary to ensure proper functioning of the stormwater management facility. Inspections are the responsibility of the owner of the stormwater facility and must be completed by a certified erosion control specialist in the state of Minnesota hired for that purpose. Inspection results must be completed and submitted to the city in accordance with the schedule defined in the MPCA MS4 permit section V, part 6.b from the completion of development or from the adoption date hereof for a preexisting stormwater facility.
Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices.
All new and existing stormwater management facilities must undergo, at a minimum, an inspection in accordance with the schedule defined in the MPCA MS4 permit section V, part 6.b to document maintenance and repair needs and ensure compliance with the requirements of this chapter and accomplishment of its purposes. This maintenance may include: removal of silt, litter and other debris from all catch basins, inlets and drainage pipes; grass cutting and vegetation removal; and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner, as determined by the city. The inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the stormwater management facility.
D. Maintenance Covenants: Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by the city and recorded at the Dakota County recorder's office prior to final plan approval. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts.
The owner/operator shall show in the maintenance covenant how it will utilize best management practices (BMPs) to prevent discharge of pollutants into the stormwater system. These BMPs are listed in the city's stormwater pollution prevention plan (SWPPP) and the most current Minnesota pollution control agency BMP standards, the state of Minnesota stormwater manual and are necessary for compliance with requirements of the NPDES permit and the city's local surface water management plan. The threshold for maintenance is triggered once sediment deposition reaches a point greater than is allowed under the design standard criteria, or such deposition begins to have a substantial effect on the water quality or holding capacity of the pond.
E. Right Of Entry For Inspection: When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public stormwater system, the property owner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the city has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of an ordinance violation.
F. Records Of Installation And Maintenance Activities: Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation, inspections, and of all maintenance and repairs, and shall retain the records for at least ten (10) years. These records shall be made available to the city during inspection of the facility and at other reasonable times upon request. (Ord. 421, 2-3-2009; amd. Ord. 490, 2-16-2016)
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