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§ 54.07 REVIEW OF PLAN.
   (A)   Site plans for new development and redevelopment of any kind will be assessed for stormwater quantity control and stormwater quality management. No permits shall be issued until a site plan meeting the requirements of this section has been submitted by the applicant.
   (B)   The applicant shall submit information adequate for the city to evaluate if the plans meet the requirements of the section.
   (C)   The city shall complete a review of the erosion and sediment control plan within 14 calendar days of receiving the plan from the developer.
      (1)   Permit required. If it determines that the plan meets the requirements of this chapter, the city shall issue the appropriate permit valid for a specified period of time that authorizes the land disturbance activity contingent on the implementation and completion of the plan.
      (2)   Denial. If it determines that the plan does not meet the requirements of this chapter, the city shall not issue a permit for the land disturbance activity.
   (D)   City inspections and enforcement. The city shall conduct inspections on a regular basis to ensure that the plan is properly installed and maintained. In all cases, the inspectors will attempt to work with the developer to maintain proper erosion and sediment control at all sites. In cases where cooperation is withheld, enforcement action(s) shall be taken by the city until erosion and sediment control measures meet the requirements of this chapter. An inspection may be needed before work can commence. Inspections are required as follows:
      (1)   Before any land disturbing activity begins.
      (2)   As necessary or required during construction.
      (3)   At the completion of the project.
   (E)   The city reserves the right to conduct other random inspections during the course of the project to ensure compliance with the plan.
   (F)   Inspections and maintenance of temporary and permanent BMPs shall be performed by the applicant during construction.
   (G)   Inspections and maintenance shall meet or exceed the criteria listed in the MN General Permit to discharge stormwater associated with Construction Activity No. MN R100001 except as modified below:
      (1)   All off-site tracking shall be removed by the end of the business day unless otherwise authorized by the city.
      (2)   The application shall provide site access during construction to the city for compliance inspections and shall make applicant’s records of maintenance and inspections available to the city upon request.
         (a)   The city shall notify the applicant of deficiencies identified during city inspections.
         (b)   The applicant shall correct deficiencies identified by the city within the time-frame requested by the city.
         (c)   Where cooperation is withheld, construction stop orders may be issued by the city, until all erosion and sediment control deficiencies are corrected to the satisfaction of the city.
(Ord. 35, 4th Series, passed 2-22-2011; Am. Ord. 82, 4th Series, passed 12-5-2016; Am. Ord. 153, 4th Series, passed 10-3-2022)
§ 54.08 MODIFICATION OF PLAN.
   (A)   The applicant must amend the erosion and sediment control plan as necessary to include added requirements such as additional or modified best management practices designed to correct problems identified.
   (B)   All nonfunctional BMPs must be repaired, replaced, or supplemented with functional BMPs by the end of the next business day after discovery, or as soon as field conditions allow access. Perimeter control devices and sedimentation basins shall be considered nonfunctional when 1/2 of depth is full of sediment.
(Ord. 35, 4th Series, passed 2-22-2011; Am. Ord. 82, 4th Series, passed 12-5-2016)
§ 54.09 PERMANENT STORMWATER BMPS.
   (A)   The applicant shall install or construct, on or for the proposed land disturbing or development activity, all stormwater management facilities necessary to manage:
      (1)   Storm peak discharge rates to pre-project rates for the 2.0-yr, 10-yr, and 100-yr 24-hour storm events.
      (2)   Sites that disturb less than one acre shall be designed to control runoff rate so as to not cause downstream flooding or erosion.
      (3)   Sites that disturb one acre or more shall provide permanent BMPs, with highest preference given to green infrastructure techniques and practices necessary to meet the following conditions on the site of construction activity to the maximum extent practicable.
         (a)   Stormwater release rates and volume from the site on an annual average basis shall not increase over the pre-development 24-hour two year, ten year, and 100 year peak storm discharges rates, based on the last ten years of how that land was used. Also accelerated channel erosion must not occur as a result of the proposed activity.
         (b)   Permanent best management practices for sites where the sum of new and reconstructed impervious surface is one or more acres shall be designed to meet the requirements for post-construction stormwater management as described in the MN Small Municipal Separate Storm Sewer Systems General Permit No. MNR040000 in place at the time of submittal.
         (c)   Applicants shall provide documentation showing rate, volume, and water quality compliance. Calculations shall be by a methodology listed in the MPCA Stormwater Manual or other method approved by the city.
   (B)   Oil and grease control. Where the potential for pollution by oil, grease, or both exists, the city may require installation of an oil and grease removal device designed to handle the volume and type of material anticipated.
   (C)   Performance security. Prior to approval of permits for construction, the applicant may be required to submit an agreement to construct such required physical improvements, to dedicate property or easements, to provide performance security (letter of credit or performance bond), and to comply with such conditions as may have been agreed to.
   (D)   Failure to complete. If the applicant fails to complete the required stormwater improvements within 24-months of beginning construction of the project they are intended to mitigate, the city may make provisions to complete the required stormwater improvements or to provide equivalent downstream treatment. The city shall use any performance security held for the work or may utilize special assessments as provided in M.S. § 429 to reimburse itself for costs associated with this work.
   (E)   Where the City Council authorizes the construction of private stormwater management facilities, the applicant shall designate the responsible party for inspection and maintenance of all private stormwater management facilities in an agreement to be recorded against the properties being developed. In addition, the agreement shall provide for:
      (1)   Description of anticipated maintenance activities and frequency.
      (2)   Access in perpetuity for inspection of the facilities by the Director of Public Works or his/her designee.
      (3)   Access in perpetuity for maintenance of the facilities should the Director of Public Works or his/her designee find that stormwater facility maintenance is required and upon written notice the property owners fail to take corrective action with the cost of such maintenance to be paid by the property owner.
      (4)   If the expense is not paid, the expense will be made a special assessment against the property concerned in accordance with M.S. § 429.061 and other pertinent statutes for certification to the County Auditor and collection along with the current taxes the following year or in annual installments, as the City Council may determine in each case.
   (F)   Removal or alteration of Structural Stormwater Best Management Practices. Structural Stormwater Best Management Practices installed to fulfill the requirements of this chapter shall be maintained in compliance with the approved maintenance plan. Where no plan is in place they shall be maintained in compliance with accepted Industry Standard and Minnesota Pollution Control Agency recommendations. No Structural Stormwater Best Management Practices shall be removed or altered in such a way to decrease structural Stormwater Best Management Practices effectiveness without:
      (1)   Authorization of the Director of Public Works or his/her designee; and
      (2)   Providing new or improved Structural Stormwater Best Management Practices providing or exceeding that amount lost due to the alteration or removal.
(Ord. 82, 4th Series, passed 12-5-2016; Am. Ord. 153, 4th Series, passed 10-3-2022)
§ 54.10 REMEDIAL ACTION.
   The city may take remedial action if any of the conditions listed below exist. The applicant shall reimburse the city for all direct costs incurred in the process of remedial work, including attorney's fees.
   (A)   Abandonment. The developer ceases land disturbing activities and/or filling and abandons the work site prior to completion of the grading plan.
   (B)   Failure to implement plan. The developer fails to conform to the erosion and sediment control plan as approved by the city.
(Ord. 35, 4th Series, passed 2-22-2011; Am. Ord. 82, 4th Series, passed 12-5-2016) Penalty, see § 54.98
§ 54.11 EMERGENCY ACTION.
   If circumstances exist such that noncompliance with this chapter poses an immediate danger to the public health, safety and welfare, as determined by the city, the city may take emergency preventative action. The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action.
(Ord. 35, 4th Series, passed 2-22-2011; Am. Ord. 82, 4th Series, passed 12-5-2016) Penalty, see § 54.98
§ 54.12 NOTIFICATION OF FAILURE OF THE PLAN.
   The city shall notify the permit holder of the failure of the erosion prevention and sediment control plan's measures.
   (A)   Initial contact. The initial contact will be with the party or parties listed on the application and/or the plan's contacts. Twenty-four hours after notification, the city, at its discretion, may begin corrective work as necessary. The city shall first attempt to provide notification in writing. If initial notification is verbal, it shall immediately be followed by a written notification. It is the responsibility of the permit holder to have a designated person available at all times for purposes of notification within the above-stated, 24-hour period.
   (B)   Erosion off-site. If sediment breaches the perimeter of the site, the permittee shall immediately develop and implement a cleanup and restoration plan within 24-hours of obtaining the adjoining property owner's permission. If, after making a good-faith effort to notify the adjoining property owner, the developer has been unable to establish contact, the responsible party may proceed with corrective work. If, at the discretion of the city, the permit holder does not repair the damage caused by the erosion, the city may do the remedial work required. When restoration to wetlands and other resources are required, the applicant shall be required to work with the appropriate agency to ensure that the work is done properly.
   (C)   Erosion into streets, wetlands or water bodies. If eroded soil (including tracked soils from construction activities) enters streets, wetlands or other water bodies, cleanup and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.
   (D)   Failure to do corrective work. When an applicant fails to conform to any provision of this chapter within the time stipulated, the city may take the following actions, but are not limited to:
      (1)   Issuing a stop-work order, withholding the scheduling of inspections, and/or the issuance of a certificate of occupancy.
      (2)   Revoking any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction.
      (3)   Correcting the deficiency or hiring a contractor to correct the deficiency.
      (4)   Requiring reimbursement to the city for all costs incurred in correcting stormwater pollution control deficiencies. If payment is not made within 30 days after the city incurs costs, the city will halt all work on the project site and assess any reimbursement costs to the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S. § 429.081 to challenge the amount or validity of assessment.
(Ord. 35, 4th Series, passed 2-22-2011; Am. Ord. 82, 4th Series, passed 12-5-2016) Penalty, see § 54.98
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