(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)