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<br /> <br /> STAFF REPORT <br /> <br /> <br /> <br />TO: Mayor Keis and Members of the City Council <br /> <br />FROM: Bill Dircks, Public Works Director <br /> <br />DATE: December 8, 2022 <br /> <br />RE: Amendments to Zoning Code Chapter 927 – Erosion Control and Chapter 928 – <br />Stormwater Management <br /> <br />ACTION TO BE CONSIDERED: <br />Motion to adopt Ordinance 871, amending Zoning Code Chapters 927 Erosion Control and Chapter <br />928 Stormwater Management. <br /> <br />BACKGROUND: <br />In the continuing effort to meet the new MPCA stormwater permit standards, staff has made <br />amendments to Zoning Code Chapters 927 and 928 with language that complies with the new permit <br />requirements. <br /> <br />Chapter 927 – Erosion Control <br />The City’s existing Zoning Code covers erosion control measures that need to be used during <br />construction projects, including the Storm Water Pollution Prevention Plan (SWPPP) permits that need <br />to be acquired for projects over 20,000 square feet. The old standards covered what required under the <br />previous MPCA permit coverage, however several new standards have since been added for erosion <br />control practices and inspection and maintenance. The MPCA allows reference to the Minnesota <br />General Stromwater Permit for Construction Activities. <br /> <br />The proposed language has been written as “most current version” so that as standards change, the <br />City’s code will change as well and not need to be updated with each change. <br /> <br />Chapter 928 – Stormwater Management <br />The existing Zoning Code covers post-construction stormwater management on projects. The new <br />MPCA permit added more detailed information regarding infiltration. Specifically, it has outlawed <br />infiltration practices under certain situations such as near vehicle fueling and maintenance activities, <br />where soil infiltration rates are greater than 8.3 inches per hour, and in drinking water supply <br />management areas. The water quality volume standards also changed. Formerly, reconstruction <br />projects only had to infiltrate 0.5 inches of runoff, while new construction needed to infiltrate one inch <br />of runoff on the site. The new standard requires both new and reconstruction projects to infiltrate one <br />inch of runoff. The other highlight is the addition of language that allows the City to inspect and <br />maintain private stormwater structural best management practices (BMPs) if they are neglected by the <br />owner. The City also can assess the owner for the cost of the work completed. <br /> <br />STAFF RECOMMENDATIONS: <br />Staff recommends adopting Ordinance 871, amending Zoning Code Chapter 927 Erosion Control and <br />Chapter 928 Stormwater Management, and approve publication of a summary ordinance. Pursuant to <br />Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published.