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A. This chapter sets forth uniform requirements for stormwater management systems within the city of Moorhead. In the event of any conflict between the provisions of this chapter or other regulations adopted by the city of Moorhead, Clay County, state or federal authorities, the more restrictive standard prevails.
B. The objectives of this chapter are as follows:
1. To promote, preserve, and enhance the natural resources within the city of Moorhead from adverse or undesirable impacts occasioned by development or other activities;
2. To protect and promote the health, safety, and welfare of the people and property through effective stormwater quantity and quality management practices;
3. To regulate land development activity, land disturbing activity, or other activities that may have an adverse and/or potentially irreversible impact on stormwater quantity, water quality and/or environmentally sensitive lands and to encourage compatibility between such uses;
4. To establish detailed review standards and procedures for land development activities throughout the city of Moorhead, thereby achieving a balance between urban growth and development and the protection of water quality; and
5. To provide for adequate stormwater system analysis and design as necessary to protect public and private property, water quality and existing natural resources.
C. This chapter applies in the city of Moorhead, Minnesota, and to persons outside the city who are, by contract or agreement with the city, users of the city stormwater management system. Except as otherwise provided herein, the city engineer shall administer, implement, and enforce the provisions of this chapter. (Ord. 2015-01, 2-9-2015)
For the purpose of this chapter, the following terms, phrases, and words, and their derivatives, shall have the meanings as stated in this section. When inconsistent with the context, words used in the present tense include the future tense. Words in plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and the word "may" is always permissive.
APPLICANT: Any person or group that applies for a building permit, subdivision approval, zoning change, approach, excavation or special use permit, stormwater plan approval, stormwater permit or any other permit which allows land disturbing activities. "Applicant" also means that person's agents, employees, and others acting under this person's or group's direction. The term "applicant" also refers to the permit holder or holders and the permit holder's agents, employees, and others acting under this person's or group's direction.
BMPs: Measures designed to: a) prevent pollutants from leaving a specific area; b) reduce/eliminate the introduction of pollutants; c) protect sensitive areas; or d) prevent the interaction between precipitation and pollutants.
BASE FLOOD OR REGIONAL FLOOD OR 100-YEAR FLOOD 1 : The flood having a one percent (1%) chance or probability of being equaled or exceeded in any given year (i.e., 100-year flood).
BEST MANAGEMENT PRACTICES (BMP): Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water, including construction phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by federal, state, or designated area wide planning agencies or included in the "Minnesota Stormwater Manual".
BUFFER: A protective vegetated zone located adjacent to a natural resource, such as a "water of the state" that is subject to direct or indirect human alteration. Such a buffer strip is an integral part of protecting an aquatic ecosystem through trapping sheet erosion, filtering pollutants, reducing channel erosion and providing adjacent habitat.
The buffer strip begins at the "ordinary high water mark" for wetlands and channel for rivers and streams. This start point corresponds to the Minnesota department of natural resources (DNR) definition of a "shoreline" in Minnesota rules 6115.0030.
CITY: The city of Moorhead or the city council of the city of Moorhead.
CITY ENGINEER: The city engineer of the city of Moorhead or authorized agent.
COMMON PLAN OF DEVELOPMENT OR SALE: A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, or on different schedules, but under one proposed plan. This term is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur.
CONTROL MEASURE: A practice or combination of practices to control erosion and attendant pollution, see also definition of "best management practices (BMP)".
COUNCIL: The city council of the city of Moorhead.
DETENTION FACILITY: A natural or manmade structure, including wetlands used for the temporary storage of runoff and which may contain a permanent pool of water, or may be dry during times of no runoff.
DEVELOPER: A person, firm, corporation, sole proprietorship, partnership, federal or state agency, or political subdivision thereof engaged in a land disturbance and/or land development activity.
DEVELOPMENT: Any land disturbance activity that changes the site's runoff characteristics in conjunction with residential, commercial, industrial or institutional construction or alteration.
DISCHARGE: The release, conveyance, channeling, runoff, or drainage, of stormwater, including snowmelt.
DRAINAGE EASEMENT: A right to use the land of another for a specific purpose, such as a right of way for the movement of water across or under the land surface or the storage of water.
EROSION: Removing the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by the activities of man and nature.
EROSION AND SEDIMENT CONTROL PLAN (E&S CONTROL PLAN): A written description and/or plan indicating the number, locations, sizes, and other pertinent information about best management practice methods designed to reduce erosion of the land surface and the deposition of sediment within a waterway. An "E&S control plan" is required as part of a stormwater management plan. Both the stormwater management plan and E&S control plans are used in developing the state mandated stormwater pollution prevention plan (SWPPP). An E&S control plan may be required for certain projects not requiring a full stormwater management plan, as outlined in this chapter or determined necessary by the city engineer.
EROSION CONTROL: Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing.
EXPOSED SOIL AREAS: All areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. It does not include temporary stockpiles or surcharge areas of clean sand, gravel, concrete or bituminous, which have less stringent protection. Once soil is exposed, it is considered "exposed soil" until it meets the definition of "final stabilization".
FINAL STABILIZATION: All soil disturbing activities at the site have been completed, and a uniform (evenly distributed, e.g., without large bare areas) perennial vegetative cover with a density of seventy percent (70%) of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed. Simply sowing grass seed is not considered final stabilization. Where agricultural land is involved, such as when pipelines are built on crop or range land, final stabilization constitutes returning the land to its preconstruction agricultural use or as required by the "Minnesota Stormwater Manual".
FLOODWAY: The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood determined by the use of the 100-year flood profile and other supporting technical data in the flood insurance study (as described in section 10-2-2 of this code).
FULLY RECONSTRUCTED: Areas where impervious surfaces have been removed down to the underlying soils (in-situ/natural soils). Activities such as structure renovation, mill, and overlay projects, and other pavement rehabilitation projects that do not expose the underlying soils beneath the structure, pavement, or activity are not considered fully reconstructed. Maintenance activities such as catch basin repair/replacement, utility repair/replacement, pipe repair/replacement, lighting, and pedestrian ramp improvements are not considered fully reconstructed.
GREEN INFRASTRUCTURE: An array of practices at multiple scales that manage wet weather and maintain or restore natural hydrology by infiltration, evapotranspiration, stormwater reuse/harvesting, construction design, urban forestry, green roofs, or other comparable measures. On a regional scale green infrastructure is the preservation or restoration of natural landscape features, such as forests, floodplains and wetlands, coupled with reducing the overall imperviousness of a watershed.
HYDRIC SOILS: Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile.
HYDROPHYTIC VEGETATION: Macrophytic (large enough to be observed by the naked eye) 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.
ILLICIT CONNECTION: Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the stormwater system.
ILLICIT DISCHARGE: A nonstormwater discharge into the stormwater system or a natural water, including, but not limited to:
A. Debris or other materials such as grass clippings, vegetative materials, tree branches, earth fill, rocks, concrete chunks, metal, other demolition or construction materials, or structures.
B. The disposal or misuse of chemicals or any other materials that would degrade the quality of waters within the system, including, but not limited to, chemicals (fertilizers, herbicides, pesticides, etc.) or petroleum based products (gasoline, oil, fuels, solvents, paints, etc.).
C. Erosion and sediment originating from a property and deposited onto city streets, private properties or into the stormwater conveyance system, including those areas not specifically covered under an approved stormwater management plan or stormwater permit.
D. Failure to remove sediments transported or tracked onto city streets by vehicles or construction traffic by the end of each working day.
E. Pet owners or custodians of pets must remove animal matter from public and private property and properly dispose of feces in accordance with subsection 3-3-2B of this article.
F. For the purposes of this chapter, illicit discharges do not include the following, unless information is available to indicate otherwise:
Air conditioning condensate
Dechlorinated swimming pool discharges
Discharges from firefighting
Discharges from potable water sources
Diverted stream flows
Flows from riparian habitats and wetlands
Footing drains
Foundation drains
Individual residential car washing
Irrigation water
Landscape irrigation
Lawn watering
Rising groundwater
Roof drains
Springs
Street wash water
Uncontaminated groundwater infiltration
Uncontaminated pumped groundwater
Water from crawl space pumps
Water line flushing
G. Pool and spa water may be discharged to the stormwater system if it has been properly dechlorinated and does not contain other chemicals, algae, vegetation or debris.
IMPAIRED WATER(S): Waters identified as impaired by the Minnesota pollution control agency and the United States environmental pollution control agency, pursuant to section 303(d) of the clean water act (33 USC section 303(d)).
IMPERVIOUS SURFACE: A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, storage areas; and concrete, asphalt, or gravel parking lots and roads. The city may establish standards for exemptions or modifications to impervious surface area as applied to pavers, pervious concrete or other materials that allow some degree of stormwater infiltration.
IMPERVIOUS SURFACE AREA: The number of square feet of horizontal surface covered by buildings and other impervious surfaces. All building measurements shall be made between exterior faces of walls, foundations, columns or other means of support or enclosure.
LAND DEVELOPMENT ACTIVITY: The act of subdivision or platting properties for personal use, adding value or for the purposes of resale. This includes the construction and/or demolition of buildings, structures, roads, parking lots, paved storage areas, and similar facilities.
LAND DISTURBING ACTIVITY: Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the city's jurisdiction, including construction, clearing and grubbing, grading, excavating, transporting and filling of land. Within the context of this chapter, "land disturbance activity" does not mean:
A. Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs, and maintenance work, which will not result in sediments entering the stormwater system.
B. Additions or modifications to existing single- family structures that result in creating under five thousand (5,000) square feet of exposed soil or impervious surface and will not result in sediments entering the stormwater system.
C. Construction, installation, and maintenance of trees, fences, signs, posts, poles, and electric, telephone, cable television, utility lines or individual service connections to these utilities, which result in creating under five thousand (5,000) square feet of exposed soil or impervious surface and will not result in sediments entering the stormwater system.
D. Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops.
E. Construction activity does not include a disturbance to the land of less than five acres for the purpose of routine maintenance performed to maintain the original line and grade, hydraulic capacity, and original purpose of the facility. Routine maintenance does not include activities such as repairs, replacement and other types of non-routine maintenance.
F. Emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have otherwise required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the city's requirements as soon as possible.
LANDOWNER: Any person holding title to or having a divided or undivided interest in land.
LINEAR PROJECT: Construction of new or fully reconstructed roads, trails, sidewalks, or rail lines that are not part of a common plan of development or sale. For example, roads being constructed concurrently with a new residential development are not considered linear projects because they are part of a common plan of development or sale.
LOCAL DETENTION: Detention intended to serve only the developing area in question and no areas outside of the development boundaries. As such it is under the control of one owner or group of owners. This is also known as on site detention.
LOCAL DRAINAGE SYSTEM: The storm drainage system which transports the minor and major stormwater runoff to the major stormwater system and serving only the property within the development boundaries, under the control of one owner or group of owners. This is also known as the on site drainage system.
MANAGEMENT PRACTICE: A practice or combination of practices to control erosion and water quality degradation.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, pipes, or storm drains.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM (NPDES/SDS) PERMIT: Any permit or requirement enforced pursuant to the clean water act as amended for the purposes of controlling water pollution to include the MPCA municipal separate storm sewer system (MS4), industrial stormwater (ISW) multisector and construction stormwater (CSW) permits regulating stormwater discharges.
NATURAL WATER: A river, stream, pond, channel or ditch.
NONCOMPLIANCE FEE: The administrative penalty, or fee, for reinspection of a property which may be assessed to a permittee, landowner, developer or their contractor(s) for noncompliance with the provisions and/or conditions of an approved stormwater plan and/or permit or the violation of any other provisions contained in this chapter.
NONSTORMWATER: A discharge not composed entirely of stormwater.
ON SITE DETENTION: Also known as local detention system.
ON SITE DRAINAGE SYSTEM: Also known as local drainage system.
OUTLET: Any discharge point, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface or ground water.
OWNER OR OCCUPANT: Any person owning or using a lot, parcel of land, or premises connected to and discharging stormwater into the stormwater system of the city, and who pays for and is legally responsible for the payment of stormwater rates or charges made against the lot, parcel of land, building or premises, if connected to the stormwater system or who would pay or be legally responsible for such payment.
PERMANENT COVER: Means "final stabilization". Examples include grass, gravel, asphalt, and concrete. See also definition of Final Stabilization.
PERMANENT DEVELOPMENT: Any buildings, structures, landscaping and related features constructed as part of a development project approved for construction or constructed prior to the passage date hereof.
PERMANENT FACILITIES: Those features of a stormwater management plan which are part of any natural or constructed stormwater system that requires periodic maintenance to retain their operational capabilities. This includes, but is not limited to, storm sewers, infiltration areas, detention areas, channels, streets, etc.
PERMIT: Within the context of this rule a "permit" is a written warrant or license granted for construction, subdivision approval, or to allow land disturbing activities.
PERMITTEE: Any person who applies for and receives approval of stormwater plan and/or permit from the city.
PERSON: Any developer, individual, firm, corporation, partnership, franchise, association, owner, occupant of property, or agency, either public or private.
PUBLIC STORM SEWER: A storm sewer located entirely within publicly owned land or easements.
REDEVELOPMENT: Any construction activity where, prior to the start of construction, the area(s) to be disturbed have fifteen percent (15%) or more impervious surface(s).
REGIONAL DETENTION: Detention facilities provided to serve an area outside the development boundaries. A "regional detention" site generally receives runoff from multiple stormwater sources and serves an area of approximately one quarter section.
REGIONAL FLOOD: Also known as base flood or 100-year flood (as described in section 10-2-2 of this code).
RETENTION FACILITY: A natural or manmade structure that provides for the storage of all or a portion of stormwater runoff.
RUNOFF: The rainfall, snowmelt, dewatering, or irrigation water flowing over the ground surface and into open channels, underground storm sewers, and detention or retention ponds.
SALT STORAGE: Bulk storage as regulated by this chapter, is defined as storage of 20 tons of salt for use during winter conditions.
SEDIMENT: Solid material or organic material that, in suspension, is being transported or has been moved by air, water, gravity, or ice, and deposited at another location.
SEDIMENT CONTROL: The methods employed to prevent sediment from leaving the development site. Examples of sediment control practices include, but are not limited to, silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins.
SIGNIFICANT REDEVELOPMENT: Alterations of a property that changes the "footprint" of a site or building in such a way that results in the disturbance of over one acre of land. This term is not intended to include activities, which would not be expected to cause adverse stormwater quality impacts and offer no new opportunity for stormwater controls, such as exterior remodeling.
SITE: The entire area included in the legal description of the parcel or other land division on which the land development or land disturbing activity is proposed in the stormwater plan or permit application.
STABILIZE: To make the site steadfast or firm, minimizing soil movement by mulching and seeding, sodding, landscaping, placing concrete, gravel, or other measures.
STABILIZED: The exposed ground surface after it has been covered by sod, erosion control blanket, riprap, pavement or other material that prevents erosion. Simply sowing grass seed is not considered stabilization. Ground surfaces may be temporarily or permanently stabilized (see also definition of Final Stabilization).
STATE: The state of Minnesota.
STORM SEWER: A pipe or conduit for carrying stormwater, surface runoff, and drainage, excluding sewage and industrial wastes.
STORMWATER: Precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage. "Stormwater" does not include construction site dewatering.
STORMWATER DETENTION: Temporary storage of stormwater runoff in ponds, parking lots, depressed grassy areas, rooftops, buried underground tanks, etc., for future or controlled release. Used to delay and attenuate flow.
STORMWATER MANAGEMENT: The planned set of public policies and activities undertaken to regulate runoff and reduce erosion, and maintain or improve water quality under various specified conditions within various portions of the drainage system. It may establish criteria for controlling peak flows and/or runoff volumes, for runoff detention and retention, or for pollution control, and may specify criteria for the relative elevations among various elements of the drainage system. Stormwater management is primarily concerned with limiting future flood damages and environmental impacts due to development, whereas flood control aims at reducing the extent of flooding that occurs under current conditions.
STORMWATER MANAGEMENT CRITERIA: Specific guidance provided to the engineer/designer to carry out drainage and stormwater management policies. An example might be the specification of local design hydrology and use of the design storm.
STORMWATER MANAGEMENT PLAN: A document containing the requirements identified by the city in article B of this chapter, that when implemented will provide solutions to stormwater management problems that may occur as a result of the proposed development or land disturbing activity. A stormwater permit is not required as part of, but may be included in a stormwater management plan.
STORMWATER MANAGEMENT SYSTEM: Physical facilities that collect, store, convey, and treat stormwater runoff in urban areas. These facilities normally include detention and retention facilities, streets, storm sewers, inlets, open channels, and special structures, such as inlets, manholes, and energy dissipaters.
STORMWATER PERMIT: A permit issued by the city in accordance with this chapter after the approval and acceptance of the stormwater management plan. A permit must be acquired prior to initiating land development, land disturbing, or other activities which result in an increase in stormwater quantities, degradation of stormwater quality, or restriction of flow in any storm sewer system, open ditch or natural channel, stormwater easement, water body or wetland outlet within the city's jurisdiction.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP): A joint stormwater and erosion and sediment control plan that is written as a prerequisite to obtaining an NPDES/SDS Minnesota pollution control agency stormwater permit for construction activity, that when implemented will decrease soil erosion on a parcel of land and off site nonpoint pollution. It involves both temporary and permanent controls. The SWPPP, which draws its information from a stormwater management plan and is typically condensed, must be incorporated into the construction grading plans for the project.
STORMWATER RETENTION: Storage designed to eliminate or reduce the frequency of subsequent surface discharge. Wet ponds are the most common type of retention storage (though wet ponds may also be used for detention storage).
STRUCTURAL STORMWATER BMPs: A stationary and/or permanent BMP designed, constructed and operated to prevent or reduce the discharge of pollutants into stormwater.
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.
SUBDIVISION: Any tract of land divided into building lots for private, public, commercial, industrial, etc., development for the purpose of sale, rent, or lease, including planned unit development.
SYSTEM CHARGE OR ASSESSMENT: A charge for connecting an outlet to a regional stormwater management facility, typically a pond. The charge is normally assessed to recover the proportional cost of constructing a regional pond or stormwater treatment facility.
TEMPORARY PROTECTION: Short term methods employed to prevent erosion. Examples of such protection are straw, mulch, erosion control blankets, wood chips, and erosion netting.
UNDEVELOPED LAND: Land that in its current state has not been impacted by significant land disturbance activities, annexed into the city or subdivided into multiple ownership lots and is typically zoned agricultural.
URBAN AREA: Land associated with, or part of, a defined city or town. This chapter applies to urban or urbanizing, rather than rural areas.
USER: Any person who discharges, causes, or permits the discharge of stormwater into the city's stormwater management system.
VIOLATION: The wilful or negligent act of noncompliance with the conditions attached to an approved stormwater plan and/or permit, or any other provisions contained in this chapter, subject to enforcement and penalty or noncompliance fees.
WATERCOURSE: The natural path for the flow of water where there is sufficient natural and accustomed runoff to form and maintain a distinct and defined channel or an open channel facility that has been constructed for such purpose. This shall include any easements obtained for the purposes of runoff conveyance.
WATER QUALITY VOLUME: The volume of stormwater runoff which must be captured and treated prior to discharge from a developed site after construction is complete per the applicable Minnesota Pollution Control Agency Permits.
WATERS OF THE STATE: All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
WATERSHED DISTRICT: The Buffalo Red River watershed district.
WATERSHED MASTER PLAN: The plan that an engineer/designer formulates to manage urban stormwater runoff for a particular project or drainage area. It typically addresses such subjects as characterization of the existing and future site development, land use, and grading plan, peak rates of runoff, flow duration, runoff volumes for various return frequencies, locations, criteria and sizes of detention or retention ponds and conveyances; runoff control features; land parcels, easement locations, opinions of probable costs, measures to enhance runoff quality, salient regulations, and how the plan addresses them, and consistency with secondary objectives such as public recreation, aesthetics, public safety, and groundwater recharge. It may be submitted to regulatory officials for their review for adoption.
WET POND: A retention facility which includes a permanent pool of water used for the purposes of providing for the treatment of stormwater runoff.
WETLANDS: Lands transitional between terrestrial and aquatic systems (excluding drainage ditch bottoms) 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 (3) attributes:
A. A predominance of hydric soils;
B. Are inundated or saturated by the 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 the prevalence of such vegetation. (Ord. 2015-01, 2-9-2015; amd. Ord. 2020-08, 8-24-2020; Ord. 2022-14, 9-12-2022)
Notes
1 | 1. See also section 10-2-2 of this code. |
A. Illicit Discharge And Illicit Connection:
1. Illicit Discharges: It shall be considered an offense for any person to cause or allow an illicit discharge into waters of the state, including the city stormwater system, or any natural water.
2. Illicit Connection: It shall be considered an offense for any person to construct, operate or maintain an illicit connection.
3. Cleanup Of Release Of Material: Any person responsible for a facility or operation that has information of any known or suspected release of material that is causing or may cause an illicit discharge into the stormwater system, shall take steps to ensure the discovery, containment, and cleanup of such release. In the event of hazardous materials being released contact emergency services and the Minnesota state duty officer.
B. Land Disturbing Activity Requiring A Stormwater Management Plan: Any person, firm, sole proprietorship, partnership, corporation, state agency, or political subdivision proposing subdivision or plat approval, a building permit or any land disturbance activity within the city must submit a stormwater management plan and/or a stormwater permit application to the city engineer unless a waiver is provided in accordance with this section.
No subdivision or plat approval shall be issued until a stormwater management plan or a waiver of the approval requirements has been obtained in strict conformance with the provisions of this chapter. No building permit shall be issued until approval of a stormwater permit or a waiver of the permit requirements has been obtained in strict conformance with the provisions of this chapter. No land shall be disturbed until the permit is approved by the city and conforms to the standards set forth herein.
A stormwater management plan may also be required in some situations as determined by the city engineer (i.e., development exceeding the allowable impervious areas as established within title 10 or within an existing subdivision with documented flooding problems associated with stormwater runoff, or development occurring on a large lot within a subdivision where a watershed master plan was previously developed).
A stormwater management plan may, but is not required to, include analysis of stormwater quality and quantity that would allow impervious areas that exceed those outlined within title 10. Analysis will include but is not limited to review of applicable parameters in section 3-8C-4 and impacts to right-of-way and private property. A stormwater management plan approved by the city engineer will establish the maximum impervious surface. The impervious surface may only exceed the standards in title 10 by a maximum of ten percent (10%).
Exemptions to the stormwater management plan and/or stormwater permit requirements of this section include any part of a subdivision that is included in a plat that has been approved by the city council and recorded with the register of deeds on or before the effective date of this article. A stormwater permit for land disturbing activities on such properties may still be required, as determined by the city engineer, and such activities are still subject to other compliance requirements in accordance with this article:
1. A stormwater management plan is not required for individual lots or properties located within a subdivision or plat for which a stormwater management plan has already been approved or in areas included within a watershed master plan area. This exemption is subject to the city engineer's consideration and approval. Stormwater permits, however, are required subject to the other exemptions noted in this section;
2. A parcel for which a building permit has been approved on or before the effective date of this chapter and an NPDES/SDS permit was not required;
3. The installation of any of the following: a fence, sign, trees or shrubs, telephone and electric poles and other kinds of posts or poles, except where such uses are prohibited by easement or stormwater conveyance requirements;
4. Any land disturbance activity not associated with building construction that will affect less than five thousand (5,000) square feet of undeveloped land. A stormwater permit will not be required unless the proposed project will result in sediments entering the stormwater system;
5. Emergency work to protect life, limb, or property.
C. Land Disturbing Activity Involving The Construction Of A Single-Family Or Two-Family Dwelling: Construction of single- family or two-family dwellings must comply with in place BMPs and any existing permitted SWPPP for the subdivision, including NPDES/SDS permit requirements. A stormwater permit and compliance with the single-family residential construction erosion/sediment control standards is also required.
D. Installation And Repair Of Utility Service Lines:
1. At project sites that require permit coverage where a utility contractor is not the site owner or operator, each utility contractor must comply with the provisions of the stormwater pollution prevention plan (SWPPP) for the project their construction activities will impact. Each utility contractor must ensure that their activities do not render ineffective, the erosion prevention and sediment control best management practices (BMPs) for the site. Should a utility contractor damage or render ineffective any temporary BMPs for the site, the utility contractor must repair or replace such BMPs within twenty four (24) hours upon discovery of the damaged BMP. Should a utility contractor damage or render ineffective any permanent BMPs for the site, the utility contractor must repair or replace such BMPs within seven (7) days of completion of utility installation on the site. The utility contractor will be responsible for a BMP that includes mulch with seed or sod and must provide maintenance, including any watering necessary to ensure the establishment of the sod or mulch with seed. The establishment period for a BMP that includes sod or mulch with seed shall be thirty (30) days, after which, if the area does not have an acceptable level of establishment, the utility contractor must resod or reseed until satisfactory establishment is achieved.
2. At project sites where a utility contractor is the site owner or operator, and the utility company disturbs one or more acres of soil for the purpose of installation of utility service lines, including, but not limited to, residential electric, gas, telephone and cable lines, the utility company must apply for permit coverage from the city and state prior to commencement of construction.
3. Utility contractors working in a street right of way to repair existing or install new utilities and disturbing less than one acre shall obtain an excavation stormwater permit before commencing work. The utility contractor is required to provide appropriate inlet protection and sediment control during the course of the work so as to ensure the storm sewer system is protected from pollution. The utility contractor is also required to provide street sweeping as necessary to ensure that sediments resulting from their activity do not enter the stormwater system following construction. The street shall be swept within one working day of completion of utility installation on the site. All disturbed vegetation shall be replaced with mulch, seed or sod within seven (7) days of completion of utility installation on the site. The city will provide guidance regarding acceptable temporary protection BMPs for inlets and methods to stabilize the exposed soil areas until they meet the definition of "final stabilization".
E. Culverts And Drainage Ditches: Property owners shall provide and maintain culverts and ditches as required in section 8-1-1 of this code.
F. Waivers: The city engineer may waive any requirement of this article upon making a finding that compliance with the requirement will involve an unnecessary hardship, and the waiver of such requirement is not contrary to the objectives in this article. The city engineer may require as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct, as may be necessary to adequately meet the said standards and requirements. (Ord. 2015-01, 2-9-2015; amd. Ord. 2020-08, 8-24-2020)
All landowners shall provide for the installation and maintenance of vegetation on their property in accordance with the following criteria, regardless as to whether or not a stormwater management plan or stormwater permit has been approved or is necessary under this chapter:
A. Use Of Impervious Surfaces: No person shall apply items included in the definition of "illicit discharge" on impervious surfaces or within stormwater drainage systems with impervious liners or conduits.
B. Unimproved Land Areas: Except for driveways, sidewalks, patios, areas occupied by structures, landscaped areas, or areas that have been otherwise improved, all areas shall be covered by plants or vegetative growth.
C. Use Of Pervious Surfaces: No person shall deposit grass clippings, leaves, or other vegetative materials, with the exception of normal mowing or weed control, within natural or manmade watercourses, wetlands, or within wetland buffer areas. No person shall deposit items included in the definition of "illicit discharge" except as noted above.
Failure to comply with this section shall constitute a violation and subject the landowner to the enforcement provisions, penalties and noncompliance fees outlined in article F of this chapter. (Ord. 2015-01, 2-9-2015)
This section applies to all temporary and permanent indoor and outdoor bulk deicer storage facilities including salt piles, salt bag storage, sand piles and other storage of deicing materials.
A. Salt stored outdoors must be covered at all times.
1. When not using a permanent roof, a waterproof impermeable, flexible cover must be placed over all salt storage piles. The cover must prevent runoff and leachate from the outdoor salt storage piles. The cover must be secured to prevent removal by wind or other storm events.
B. Salt storage areas must be located on an impervious surface.
C. Best management practices must be implemented to reduce exposure when transferring material to and from salt storage areas. (Ord. 2022-14, 9-12-2022)
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