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(A) Applicability.
(1) Every applicant for a building permit or subdivision approval must submit a stormwater management plan to the Engineering Department. No building permit, subdivision approval, or permit to allow land disturbing activities shall be issued until approval of the stormwater management plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this subchapter.
(2) This subchapter shall apply to all water entering the city's stormwater system generated on any developed and undeveloped lands unless exempted by the city.
(B) Erosion and sediment control exemptions. The provisions of this subchapter do not apply to:
(1) Emergency work to protect life, limb, or property.
(2) Nursery, home gardening, and other agricultural practices that are confined to private property and do not constitute an illicit discharge or connection.
(C) Grading/ erosion and sediment control permit exemptions. The following activities do not require a grading/ESC permit but are subject to conditions of this subchapter:
(1) Land disturbing activities which disturb less than 5,000 square feet;
(2) Federal, state, county MS4 and other projects where the city does not have regulatory authority.
(D) Stormwater discharge exemptions. If not causing a public safety or nuisance, or adversely affecting water and/or environmental quality, the following shall not be considered prohibited discharges.
(1) Discharges from landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space sumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitat and wetlands, water main flushing. Discharges associated with dye testing; verbal approval prior to testing is required.
(2) Discharges or flow from firefighting activities and other discharges specified by the city as necessary to protect public health and safety.
(3) The prohibition shall not apply to any non-stormwater discharges permitted under an NPDES Permit, waiver or waste discharge order issued to the discharger and administered under the
authority of the USEPA, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the stormwater system.
(Ord. 1519, passed 3-3-2015)
(A) Prohibited discharge and disposal. This section shall apply to both actual and potential discharges.
(1) No person shall throw, drain or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the city's MS4, any pollutants or waters containing any pollutants, other than water wholly comprised of stormwater.
(2) No person shall throw, deposit, place, leave, keep or permit to be thrown, placed, left, maintained, or kept any refuse, rubbish, garbage, pet waste or any other discarded objects, articles, or accumulations in or on any street, alley, sidewalk, storm drain, inlet, catch basin, drainage structure, so that it might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facilities/containers.
(3) No person shall intentionally dispose of leaves, dirt, or other landscape debris into a street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain and any other fabricated or natural conveyance.
(4) All stormwater system users, property owners, and occupants shall provide adequate protective procedures and measures to prevent discharges of any non-stormwater discharge to the city's MS4.
(5) All commercial, industrial, and institutional properties storing salt shall store the salt undercover or indoors. All salt must be stored on an impervious surface. Property owners shall implement best management practices to reduce exposure when transferring material in designated salt storage areas.
(B) Reporting illicit discharges.
(1) Discharge of prohibited waste shall be reported to the water quality specialist by the person(s) responsible for the discharge, or by the owner or occupant of the premises where the discharge occurred, immediately upon obtaining knowledge of the discharge.
(2) Such notification will not relieve users of liability for expense, loss or damage to the stormwater system, or any fines imposed on the city under any state or Federal law. The responsible person shall take immediate action as is reasonably possible to minimize or abate the prohibited discharge.
(3) The responsible person shall send detailed written notification describing the illicit discharge to the water quality specialist within seven days of knowledge of the discharge. The letter shall include the following information:
(a) Time and location of the discharge;
(b) Description of the discharge waste, including estimate of pollutant concentrations;
(c) Time period and volume of discharge;
(d) Actions taken to correct or control the discharge; and
(e) A schedule of corrective measures to prevent further discharges.
(C) Prohibited connections.
(1) The construction, use, maintenance or continued existence of illicit connections to the stormwater system is prohibited.
(2) This prohibition includes, without limitations, previous illicit connections regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) It is a violation of this ordinance to connect a line conveying non-stormwater, permanent or temporary, to the city's MS4 or allow these connections to continue.
(4) Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or upon approval, to the city's wastewater treatment system.
(5) Any drain or conveyance that has not been documented in record drawings, maps, or equivalent, and which may be connected to the storm system shall be located by the owner or occupant of that property within 30 days upon receipt of written notice from the city requiring that the location be disclosed. Documentation shall be provided to the city including location of drain or conveyance, identification as storm sewer, sanitary sewer or other, and the outfall location or point of entry into the city storm sewer, sanitary sewer, or other point of discharge.
(D) Watercourse protection.
(1) Every person owning property which a watercourse passes, shall keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse.
(2) The owner shall maintain private structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, and physical integrity of the watercourse.
(E) Stormwater inspections. The city may conduct tests as necessary to enforce this subchapter, and authorized representatives of the city may enter any property in the manner provided by law for the purpose of inspection, observation, measurement, sampling, obtaining information or conducting surveys or investigations to enforce this subchapter. At the direction of the City Engineer, additional inspections due to noncompliance will be billed to the permittee as outlined in the most current stormwater fee schedule in Chapter 35, Appendix A.
(F) Discharge sampling. The city may require installation of monitoring equipment. All sampling and monitoring equipment shall be maintained and in proper operating condition by the discharger, at their expense. All devices used to measure stormwater flow and quality shall be calibrated, as specified by equipment manufacturer, to ensure accuracy.
(G) Requirement of best management practices. Any owner responsible for the premises that are, or may be, the source of an illicit discharge, may be required at the direction of the city to implement, at the owner's expense, additional best management practices to prevent the further and/or future discharge of pollutants to the city's MS4. In addition, any person discharging to the MS4 in violation of this subchapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge.
(H) Industrial or land disturbing activity discharges. Any person subject to an industrial or construction activity NPDES stormwater permit shall comply with all provisions of such permit. Written proof of compliance may be required prior to discharge to the city's MS4.
(Ord. 1519, passed 3-3-2015; Ord. 1638, passed 9-20-2022)
(A) Application. A written application for stormwater management plan approval, along with the proposed stormwater management plan, shall be filed with the Engineering Department when applicable and shall include a statement indicating the purpose for which the approval is requested and adequate evidence showing that the proposed use will conform to the standards set forth in this subchapter.
(B) Stormwater Management Plan Submission. Drawings, plans, and reports together with information required in this section shall be submitted to the Engineering Department when applicable and shall be accompanied by all applicable fees. Paper copies shall be submitted if requested by the Engineering Department. All submissions must be received and approved prior to commence of any land disturbing activities.
(C) Stormwater management plan approval. No stormwater management plan which fails to meet the standards contained in this section shall be approved.
(D) Conditions. A stormwater management plan may be approved subject to compliance with conditions reasonable and necessary to ensure that the requirements contained in this subchapter and requirements designated by the City Engineering Department are met.
(E) Compliance with city management plans. All stormwater management plans must be prepared in accordance with the city stormwater management plan (SWMP) and the city's MS4 stormwater pollution prevention plan (SWPPP), on file in the Office of the City Engineer, as revised from time.
(F) Compliance with watershed management plans/groundwater management plans/source water protection. Stormwater management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with Minn. Statutes §§ 103B.231 and 103B.255 respectively, and as approved by the Minnesota Board of Water and Soil Resources and Minnesota Department of Health in accordance with state law.
(G) Engineering design checklist and standards. All stormwater management plans must be prepared and conducted in accordance with the Engineering Department design checklist and standards for stormwater design, on file in the Office of the City Engineer, as revised from time to time. At a minimum the following information is required to be contained in all stormwater management plans:
(1) Proper identification of owner(s) and contractor(s);
(2) Description of construction activity;
(3) Existing site conditions;
(4) Site construction plan;
(5) Erosion and sediment control BMP's;
(6) Drainage and grading;
(7) Plan of final site conditions;
(8) Post construction stormwater management;
(9) Plan for long-term stormwater management including annual maintenance plans and recorded agreements; and
(10) Models, methods, and calculations for site hydrology and hydraulics including discharge rates, volume, and quality.
(H) Stormwater pollution prevention plan. All stormwater management plans must be accompanied by a Stormwater Pollution Prevention Plan (SWPPP) and all land disturbing activities shall be conducted in accordance with the most recent Minnesota Pollution Control Agency (MPCA) General NPDES/SDS Construction Permit MN R100001 (CGP) and are subject to § 52.31.
(I) Easements. If a stormwater management plan involves direction of some or all runoff, off the site, it shall be the responsibility of the owner to obtain from adjacent property owner(s) any necessary easements or other property interests concerning flowage of water.
(J) Post construction stormwater management.
(1) Design and calculations. Site design and calculations shall be based on the following;
(a) All plans, whenever possible, shall be designed using the better site design techniques and other pertinent information found in the most recent Minnesota Stormwater Manual, which is available from the Minnesota Pollution Control Agency (MPCA) website at https://stormwater.pca.state.mn.us/.
(b) Discharge rates derived using the standard methods of the natural resource conservation service as defined in the current Hydrology Guide for Minnesota, HydroCAD, or other hydrologic/ hydraulic models included in the Minnesota Stormwater Manual and subject to approval of the City Engineer.
(c) All calculations shall be made using National Oceanic and Atmospheric Administration Atlas 14.
(d) All calculations and methods used to determine water quality and volume treatment and/or control shall be determined by a licensed engineer and is subject to approval by the City Engineer.
(2) Rate control. Any land disturbing or development activity that results in one or more acres of land disturbances must meet the following;
(a) All stormwater management facilities necessary to manage increased runoff so that the two-year, ten-year, and 100-year 24 hour storm peak discharge rates existing before the proposed development shall not be increased unless otherwise approved by the City Engineer. Applicant shall also verify accelerated channel erosion will not occur as a result of the proposed land disturbing or development activity.
(b) The applicant shall give highest preference to reducing the need for stormwater management facilities by incorporating the use of natural topography and green infrastructure.
(3) Water quality and volume control. For the proposed land disturbing and development activity, all permanent structural best management practices (BMPs) shall be installed in order to achieve the applicable minimum control requirements as specified by the most current version of the NPDES/SDS municipal separate storm sewer system permit. The applicant shall use any combination of BMPs, with the highest preference given to green infrastructure techniques and practices necessary to meet the following conditions in divisions (J)(3)(a) through (c) below to the maximum extent practicable (MEP);
(a) Any project where the sum of the new impervious surfaces and the fully reconstructed surfaces equals one or more acres shall provide treatment for the calculated water quality volume.
(b) For non-linear projects, water quality volume must be calculated as one inch times the sum of the new and the fully reconstructed surfaces.
(c) For linear projects the water quality volume must be calculated as the larger of one inch times and the new impervious surface or one-half inch times the sum of the new and fully reconstructed impervious surfaces.
(d) The minimum impervious area draining to BMPs providing required water quality volume shall be equal to the sum of new and fully reconstructed surfaces or to the maximum extent practicable as determined by the City Engineer.
(e) Projects adding new impervious surfaces and/or fully reconstructed surfaces will be considered in cumulative over the life of the property. Land disturbance activity applicable to this requirement will be determined with respect to all development or redevelopment that has occured from the time of adoption.
(K) Limitations and restrictions. The use of infiltration techniques are prohibited when the infiltration structural BMP will be constructed in the following areas;
(1) Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS industrial stormwater permit.
(2) Where vehicle fueling and maintenance occurs.
(3) With less than three feet of separation distance from the bottom of the infiltration system to the elevation of seasonally saturated soils or the top of bedrock.
(4) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater.
(a) The use of infiltration techniques will be restricted, but may be permitted if higher engineering review/testing ensures the practice will perform properly, when the infiltration structural BMP will be constructed in the following areas;
1. With predominately Hydrologic Soil Group D soils.
2. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features.
3. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. Rules 4720.5100, Subp.13.
4. Where soil infiltration rates are more than 8.3 inches per hour.
(L) Mitigation provisions for linear projects. If the owner believes that the entire water quality volume requirements cannot be met on the site of the original construction activity, the owner must provide adequate documentation to the city as support including attempts to acquire additional right-of-way or other permission to provide treatment for the full water quality volume. The owner must provide treatment for the water quality volume to the maximum extent practicable. No further off-site mitigation is required.
(1) The owner of the construction activity is precluded from infiltrating stormwater through a design system limitation described in division (K) of this section; and
(2) The owner of the construction activity implements to maximum extent practicable, volume reduction techniques, other than infiltration, on the site of the original construction activity that reduces stormwater discharge volume, but may not meet the requirements of post-construction stormwater management.
(M) Mitigation provisions. If the owner believes that the water quality volume requirements cannot be met on the site of the original construction activity, the owner must provide adequate documentation to the city as support. Stormwater discharges that do not meet the water quality volume on the site of the original construction activity must be met through mitigation. At the city's discretion, off-site mitigation may be allowed. The owner must identify locations where mitigation projects can be completed. The proposed mitigation must meet the following;
(1) Mitigation project areas must be selected in the following order of preference, in consultation and with approval by the city;
(a) Locations yielding benefits to the same receiving water that receives runoff from the original construction activity.
(b) Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity.
(c) Locations in the next adjacent DNR catchment up-stream.
(d) Locations anywhere within the city's jurisdiction.
(2) Mitigation projects must involve the creation of new structural stormwater BMP’s, the retrofit of existing structural stormwater BMP’s, or the use of properly designed regional structural stormwater BMP’s.
(3) Routine maintenance of existing structural stormwater BMP's is required and cannot be used to meet mitigation requirements of this section.
(4) Mitigation projects must be completed within 24 months after the start of the original construction activity.
(5) If the mitigation project is a private structural BMP and the city is not responsible for long-term maintenance of the project, the city will require written and recorded documentation of responsibility for maintenance.
(6) Payment in lieu of private mitigation projects, subject to city approval, may be accepted and used for funding a public stormwater project. The payment will be used to meet the water quality volume requirements outlined in divisions (J) and (M) of this section.
(Ord. 1519, passed 3-3-2015; Ord. 1638, passed 9-20-2022)
(A) Process.
(1) Subdivisions. Stormwater management plans shall be reviewed by the Engineering Department and reviewed in accordance with the standards of § 52.29. Their findings shall be forwarded to the Planning Commission prior to its approval of the final plat of the subdivision. Staff findings shall include recommendation for approval; approval with conditions or modifications; or denial based on submission of incomplete plans, failure to meet ordinance provisions, or incompatibility with overall city drainage plans. Following Planning Commission approval, the final plat with the stormwater management plan shall be submitted with any recommendations and conditions to the City Council at its next regular meeting.
(2) Building permits. Stormwater management plans shall be reviewed by the Engineering Department for compliance with the standards of § 52.29. City staff shall contact the applicant or its agent on the review findings and indicate approval; approval with certain conditions or modifications; or denial based on submission of incomplete plans, failure to meet ordinance provisions, or incompatibility with overall city drainage plans. Upon approval of the stormwater management plans, the applicant or its agent shall be notified of compliance. Building permits involving such non-exempted land disturbance activities shall not be issued until such notice of compliance is given. Construction of single family or two family dwellings must comply with the approved stormwater pollution prevention plan.
(3) Land disturbing activities not requiring a building permit. Stormwater management plans shall be reviewed by the Engineering Department for compliance with the standards of § 52.29. City staff shall contact the applicant or its agent on the review findings and indicate approval; approval with certain conditions or modifications; or denial based on submission of incomplete plans, failure to meet ordinance provisions, or incompatibility with overall city drainage plans. Upon approval by the Engineering Department of the stormwater management plan, the applicant or its agent shall be notified of compliance. Subject to any other applicable statutes, ordinances, rules and regulations, permits or other such approvals for such non-exempted land disturbing activities shall be issued.
(B) Appeal process. Applicants may appeal approval and denial decisions to the City Council.
(Ord. 1519, passed 3-3-2015)
(A) Land disturbing activities. All land use activities are subject to this subchapter unless exempt as defined in § 52.26.
(B) Erosion and sediment control standards. All land disturbing activities and stormwater pollution prevention plans (SWPPP) must be developed and conducted in accordance with the Minnesota Pollution Control Agency (MPCA) general NPDES/SDS construction permit MN R100001 (CGP). At a minimum the SWPPP is required to include:
(1) Perimeter erosion control devices, including but not limited to silt fence, sediment logs, and mulch berms;
(2) Stockpile protection for temporary and permanent piles;
(3) Phased grading;
(4) Temporary and permanent stabilization;
(5) Storm drain inlet protection devices;
(6) Appropriately protected construction site entrance(s);
(7) Removal of all debris, sediment, and discharges from all impervious surfaces, including adjacent public or private property;
(8) Sediment basins and flow diversions;
(9) Treatment of dewatering activity and basin draining prior to discharge;
(10) All pollution prevention and management measures identified in most recent CGP including spill reporting and clean-up;
(11) Inspections and Maintenance of all erosion and sediment control BMP’s;
(12) Requirements for final stabilization; and
(13) Any other erosion and sediment control device as deemed necessary by the Engineering Department.
(C) Grading/ erosion and sediment control permit. Prior to any land disturbing activity, the owner and/or operator shall be required to obtain a grading/ ESC permit.
(1) This permit does not replace, eliminate, or satisfy the need for any other permits required by any other public or private entity.
(2) The following are required to obtain a grading/ erosion and sediment control permit:
(a) All new single family residential construction; and
(b) Land disturbing activities of greater than or equal to 5,000 square feet.
(D) Permit fees. All applications for a grading/erosion and sediment control permit shall be accompanied by the applicable fee. The fees shall be in the amount duly established by the Council from time to time. The permit fee schedule is listed the most current fee schedule adopted by resolution.
(E) Duration of coverage. Following approval of Engineering Department, a grading/ ESC permit shall remain effective until one of the following occurs;
(1) Final stabilization. Final stabilization is achieved, a notice of termination (NOT) has been filed with the Engineering Department, all termination of coverage requirements are met and the city has issued the NOT; or
(2) Time requirement reached. The grading/ ESC permit becomes void if work does not begin with 180 calendar days of permit approval or is suspended at any time for over 180 calendar days. If the permit becomes void, the permit application process will begin anew.
(3) Extensions. Extensions may be granted upon requests received at least 15 calendar days prior to permit becoming void.
(F) Change of coverage. Projects requiring a grading/ ESC permit where a change of ownership for any portion of the site occurs;
(1) The original/current applicant shall provide a copy of the NOT/transfer form and fact sheet to the new applicant.
(2) 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 NOT/transfer form to the Engineering Department.
(3) The new and current applicants shall work together to submit one completed and signed NOT/transfer form to the Engineering Department, prior to assuming operational control of the site, commencing work on their portion of the site, or legal transfer/sale.
(4) It is the responsibility of the new permittee to ensure the SWPPP meets all terms and conditions of this subchapter and their activities to not render ineffective another party's erosion and sediment control BMP’s.
(G) Termination of coverage. A permittee wishing to terminate the grading/ ESC permit must complete the requirements of final stabilization and all requirements (1) through (5) below of the parcel of record and submit a notice of termination request to the Engineering Department.
(1) Compliance with the standards set forth in this subchapter is required until the NOT is submitted and approved by the Engineering Department.
(2) As-built drawings for all stormwater structures and a final site survey must be provided to the Engineering Department prior to issuance of termination, unless otherwise determined by City Engineer. As-built shall be submitted along with the certification form from the engineer of record. Single family residential construction may be required to submit as-built drawings.
(3) For projects requiring an infiltration practice, the owner must provide documentation that the infiltration facility performs as designed. Accepted documentation includes:
(a) Time and date stamped photographs showing that the infiltration facility drains dry within 48 hours after a natural precipitation event approximately equivalent to the design storm.
(b) Time and date stamped photographs showing that the infiltration facility drains dry within 48 hours after the practice is filled with water from an alternative supply.
(c) Double-ring infiltrometer tests or other field tests approved by the City Engineer.
(4) All fees have been paid to the city in full.
(5) A recorded stormwater facility maintenance easement and agreement has been submitted to the Engineering Department.
(H) Site inspections. The city shall at all times have the right to enter and inspect a property to determine compliance with this subchapter.
(1) Self-inspections. The permittee or their designee must make regular inspections of all erosion and sediment control, the entire site, and receiving water bodies at least once every seven days during active construction and within 24 hours after a rainfall greater than 0.5 inches in 24 hours. Records of these inspections shall be kept for a minimum of three years and made readily available upon request made by the city.
(2) City inspections. The City Engineer and/or their designee shall make inspections and either approve that portion of the completed work or notify the permittee where work is non-compliant. The grading/ erosion and sediment control permit fee shall cover the cost of routine and follow-up inspections with compliant results. Additional inspections due to noncompliance will be billed to the permittee, at the direction of the City Engineer, as outlined in the most current stormwater fee schedule in Chapter 35, Appendix A.
(Ord. 1519, passed 3-3-2015; Ord. 1638, passed 9-20-2022)
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