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)