HomeMy WebLinkAbout10-22 Council Ordinance I " Reading : pec�1 �� 12 2�2 Publication : �QV) unr 11 2022)
2 °a Reading : f U a V � QU22j Effective : r,,- r (p , 2(y23
VI
CITY OF LINO LAKES
ORDINANCE NO . 10 - 22
AN ORDINANCE AMENDING SECTION loll RELATING TO THE REGULATION
OF STORMWATER , EROSION AND SEDIMENT CONTROL
The City Council of Lino Lakes ordains :
Section 1 . The Lino Lakes Code of Ordinance , Chapter 1011 Stormwater, Erosion and Sediment
Control is hereby amended as follows (new language is underlined , and deleted language is
stricken) :
CHAPTER 1011 : STORMWATER , EROSION AND SEDIMENT CONTROL
Section
1011 . 001 Title
9S2 1011 . 002 Findings
1011 . 003 Jurisdiction
1011 . 004 Statutory authority
1011 . 005 ' Adoption by reference
1011 . 006 Definitions
1011 . 007 Applicability
1011 . 008 Exemptions
1011 . 009 Tonhninnl rofo re. nnoReserved
1011 . 010 Grading , erosion and sediment control requirements
1011 . 011 Stormwater management requirements
1011 . 012 Inspections and maintenance
1011 . 013 Plan review procedure
1011 . 014 Financial securities
1011 . 015 Enforcement
1011 . 016 Abrogation and greater restrictions
1
10110001 TITLE .
This chapter shall be known as the Lino Lakes Stormwater , Erosion and Sediment
Control Chapter and will be referred to herein as this chapter .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
10110002 1 %001 .' � LEFINDINGS .
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The city finds that uncontrolled stormwater runoff and construction site erosion from
land development and land -- disturbing activity can have significant adverse impacts
upon local and regional water resources , diminishing the quality of public health , safety ,
public and private property , and natural resources of the city . Specifically , uncontrolled
construction site erosion and stormwater runoff can :
( 1 ) Threaten public health , safety , property , and general welfare by increasing
runoff volumes , peak flood flows , and overburdening storm sewers , drainage ways , and
other storm drainage stems ;
� ( 2 ) Diminish the capacity of lakes and streams to support fish , aquatic life ,
recreational uses and water supply uses by increasinq_pollutant loadings of total
2
sediment , suspended solids , nutrients , heavy metals , bacteria , pathogens , and other
urban pollutants ;
� 3 ) Degrade physical stream habitat by increasing stream bank erosion ,
increasing stream bed scour , diminishing groundwater recharge , diminishing stream
base flows , and increasing stream temperatures ;
� (4 ) Undermine floodplain management efforts by increasing the incidence and
levels of flooding;
( 5 ) Alter wetland communities by changing wetland hydrology and increasing
pollutant loading ; and
( 6 ) Generate airborne particulate concentrations that are health --threatening or
may cause other damage to property or the environment .
( Ord . 09 - 15 , passed 10 - 260002015 )
1011 . 003 JURISDICTION .
The provisions of this chapter shall apply to all lands within the incorporated
boundaries of Lino Lakes .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
1011 . 004 STATUTORY AUTHORITY .
This chapter is adopted pursuant to the authorization and policies contained in M . S .
Chs . 103B , 103F , and 462 and Minn . Rules Chs . 7050 ) 7090 , and 8410 . This chapter is
intended to meet the current construction site erosion and sediment control and post-
construction stormwater management regulatory requirements for construction activity
and small construction activity as defined in the standards of the NPDES construction
general permit , as amended .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
§ 1011 . 005= NFAM N E.". NCGr%. ADOPTION BY REFERENCE .
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Certain Rules of the Rice Creek Watershed District ( the " Rules " ) and Standards of
the Vadnais Lake Area Water Management Organization (the " Standards " ) and any
amendments or revisions thereto referenced herein are adopted as ordinances of the
city . Where the Rules refer to the " District " they shall be deemed as referring to the cites
Where the Standards refer to the "VLAWMO " they shall be deemed as referring to the
city . Where conflicts exist between this Ordinance and the Rules or Standards , the
=greater requirement shall apply .
1011 . 006 DEFINITIONS .
Unless specifically defined below , words or phrases used in this chapter shall be
interpreted so as to give them the same meaning as they have in common usage and to
give this chapter its most reasonable application . For the purpose of this chapter , the
words MUST and SHALL are mandatory and not permissive . All distances , unless
otherwise specified , shall be measured horizontally . As used in this chapter , the
following words and terms shall have the meanings ascribed to them in this section .
100- YEAR FLOOD ELEVATION. The elevation of water resulting from the Critical
Duration Flood Event . See definition of Critical Duration Flood event .
BEST MANAGEMENT PRACTICES (BMP!s) . Measures taken to minimize negative
effects on water resources and systems as documented in the Minnesota Construction
Site Erosion and Sediment Control Planning Handbook (MBWSR , 1988 ) , Protecting
Water Quality in Urban Areas ( MPCA , 2000 ) and the Minnesota Stormwater Manual
( MPCA , 2014 ) as amended .
BETTER SITE DESIGN (BSD) ,, An approach to managing runoff that seeks to attain
post development hydrology which mimics the undeveloped condition in terms of
volume , rate and timing of runoff . The goals of BETTER SITE DESIGN include reducing
the amount of impervious cover , increasing the amount of natural lands set aside for
conservation , using pervious areas for more effective stormwater treatment , innovative
grading and drainage techniques and through the review of every aspect of the project
site planning process . BETTER SITE DESIGN involves techniques applied early in the
4
design process to reduce impervious cover , conserve natural areas and use pervious
areas to more effectively treat stormwater runoff and promote a treatment train
approach to runoff management .
WIN
BIOPIC TRA TION.
rerrneye ) nFatei vela erne, tt m , l h o � g4pnf � r� � r� ir� ftnn . _ _ A bioretention practice in which an
underdrain is used . Typically , most of the water entering MIN the biofiltration practice enters
the underdrain and is returned to the stormwater system , but some water infiltrates
( unless the BMP has an impermeable liner) or evapotranspires . The underdrain may be
at or elevated above the bottom of the practice ( i . e . at the media - soil interface ) ._
BIORTTENTION. A soil and plant - based stormwater management best
management practice( BMP ) used to filter runoff .
BRIDGE. A road , path , railroad or utility crossing over a waterbody , wetland , ditch ,
ravine , road , railroad or other obstacle .
BRIDGE SPAN . The clear span between the inside surfaces of a bridge ' s terminal
supports .
CHANNEL . A perceptible natural or artificial depression , with a defined bed and
banks that confine and conduct water flowing either continuously or periodically .
CONSTRUCTION ACTIVITY. Activities including clearing,,grading , and excavating ,
that result in land disturbance of equal to or greater than one acre , including the
disturbance of less than one acre of total land area that is part of a larger common plan
of development or sale if the larger common plan will ultimately disturb equal to or
greater than one acre . This includes a disturbance to the land that results in a change in
the topography , existing soil cover; ( both vegetative and nonvegetative ) , or the existing
soil topography that may result in accelerated stormwater runoff that may lead to soil
erosion and movement of sediment . Construction activity does not include a disturbance
to the land of less than five acres for the purpose of routine maintenance performed to
maintain the original line and grade , hydraulic capacity , and original purpose of the
facility . Routine maintenance does not include activities such as repairs , replacement
and other types of non - routine maintenance . Pavement rehabilitation that does not
disturb the underlying soil e . g . , mill and overlay projects ) is not construction activity .
. .
. .
5
CONVEYANCE SYSTEM . Open channel , pipe or tile that is not a Public Drainage
System . A portion of a conveyance system is defined as " regional " if it carries flows from
a drainage area of greater than 200 acres .
CRITICAL DURATION FLOOD EVENT. The 100 - year precipitation or snow melt
event with a duration resulting in the maximum 100 - year return period water surface
elevation . The CRITICAL DURATION FLOOD EVENT is generally either the 100 - year ,
24 hour rainfall event as found in NOAA Atlas 14 or the ten - day snow melt event
assumed to be 7 . 2 inches of runoff occurring on frozen ground ( CN = 100 ) ; however ,
other durations ( e . g . , 6 - hour) may result in the maximum 100 - year return period water
surface elevation .
DETENTION BASIN . Any natural or man - made depression that stores stormwater
runoff temporarily .
DEVELOPMENT. Any land - disturbing activity resulting in creation or reconstruction
of impervious surface including , but not limited to , municipal road construction . Normal
farming practices part of an ongoing farming operation shall not be considered a
DEVELOPMENT.
DRAINAGE SYSTEM. A system of open channel , pipe or tile , to drain property ,
including laterals , improvements , and improvements of outlets , which may or may not
be a public system under the jurisdiction of a watershed district under M . S . Chs . 10313 ,
103D , or 103E .
EMERGENCY OVERFLOW (EOF) . A primary overflow to pass flows above the
design capacity around the principal outlet safely downstream without causing flooding .
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EXCAVATION. The displacement or removal of soil , sediment or other material .
FILTRATION. A stormwater quality BMP that uses either natural media such as soil
or vegetation or manufactured media to trap pollutants such as nutrients and particles in
surface water .
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FLOODPLAIN. The beds proper and areas adjoining a .,,bedy-wetland , lake or
watercourse tht nro i a nu� ndntedwhich have been or hereafter may be covered by the
d1ir " no thin
re ional flood .
6
FLOODWAY FRINGE. That portion of the floodplain outside of the floodway . Flood
fringe is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance
t study for Anoka Coun
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fleet .
FLOODWAY. , thn
. The bed of a wetland or lake and the channel of a
watercourse and those portions of the adjoininq floodplain which are reasonably
reguired to carry or store the regional flood discharge .
FREEBOARD . Vertical distance between the 100 -year flood elevation or emergency
overflow elevation of a water basin or watercourse and the elevation of the regulatory
elevation of a structure .
IMPERVIOUS SURFACE. A compacted surface or a surface covered with material
( i . e . , gravel , asphalt , concrete , Class 5 , etc . ) that increases the depth of runoff
compared to natural soils and land cover . Including but not limited to roads , driveways ,
parking areas , sidewalks and trails , patios , tennis courts , basketball courts , swimming
pools , building roofs , covered decks , and other structures .
INFILTRATION. Water entering the ground through the soil .
LAND-DISTURBING ACTIVITY. Any disturbance to the ground surface that ,
through the action of wind or water , may result in soil erosion or the movement of
sediment into waters , wetlands or storm sewers or onto adjacent property . LAND=
DISTURBING ACTIVITY includes but is not limited to the demolition of a structure or
surface , soil stripping , clearing , grubbing , grading , excavating , filling and the storage of
soil or earth materials . The term does not include normal farming practices as part of an
ongoing farming operation .
LANDLOCKED BASIN. A water basin lacking an outlet at an elevation at or below
the water level produced by the critical duration flood event , generally the ten - day
snowmelt event .
LOW ENTRY ELEVATION . The elevation of the lowest opening in a structure .
LOW FLOOR ELEVATION. The elevation of the lowest floor of a habitable or
uninhabitable structure , which is often the elevation of the basement floor or walk - out
level .
MILL, RECLAMATION AND OVERLAY. Removal of the top layer ( s ) of an
impervious surface ( e . g . roadway , parking lot , sport court ) by mechanical means ,
followed by the placement of a new layer of impervious surface , without exposure of the
underlying native soil .
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATTR DISCHARGE PERMIT. A permit issued by the Minnesota Pollution
Control Agency that authorizes the discharge of pollutants to the waters of the state .
NATIONWIDE URBAN RUNOFF PROGRAM (NURP) . Urban Runoff Program
developed by the Environmental Protection Agency to study stormwater runoff from
urban development .
ORDINARY HIGH WATER LEVEL (OHWIJ. . The highest water level elevation that
has been maintained for a sufficiently long period of time to leave evidence upon the
landscape . The OHWL is commonly that point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial . If an OHWL has been
established for a waterbody by the Minnesota Department of Natural Resources , it will
constitute the OHWL under this definition .
OWNER. The person or party possessing the title of the land on which the
construction activities will occur ; or if the construction activity is for a lease , easement ,
or mineral rights license holder , the party or individual identified as the lease , easement ,
or mineral rights license holder ; or the contracting government agency responsible for
the construction activity .
POLLUTANT. A substance that pollutes something , especially water or the
atmosphere .
PUBLIC LINEAR PROJECT. A project involving a roadway , sidewalk , trail or utility
not part of an industrial , commercial , institutional or residential development .
RECONSTRUCTION . Removal of an impervious surface such that the underlying
structural aggregate base is effectively removed and the underlying native soil exposed .
REGIONAL FLOOD . A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected
to occur on an average frequency in the magnitude of the 1 % chance or 100 - year
recurrence interval . REGIONAL FLOOD is synonymous with the term BASE
FLOOD used in the Flood Insurance Study .
SEASONAL HIGH WATER TABLE . The highest known seasonal elevation of
groundwater as indicated by redoximorphic features such as mottling within the soil .
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SEDIMENT CONTROL . Methods employed to prevent sediment from leaving the
site . SEDIMENT CONTROL practices include silt fences , sediment traps , earth dikes ,
drainage swales , check dams , subsurface drains , pipe slope drains , storm drain inlet
protection , and temporary or permanent sedimentation basins .
SHORELAND . Land located within the following distances from the ordinary high
water elevation of public waters :
8
( a ) Land within 1 , 000 feet from the normal high watermark of a lake , pond or
flowage ; and
( b ) Land within 300 feet of a river or stream or the landward size of a floodplain
delineated by ordinance on the river or stream , whichever is greater .
STABILIZED . The exposed ground surface has been covered by appropriate
materials such as mulch , staked sod , riprap , erosion control blanket , mats or other
material that prevents erosion from occurring . Applying mulch , hydromulch , tackifier ,
polyacrylamide , or similar erosion prevention practices is not acceptable stabilization in
temporary or permanent drainage ditches or areas where concentrated overland flow
occurs . Grass seeding is not stabilization .
STORM SEWER. A pipe system for stormwater conveyance .
STORMWATER. Defined under Minn . Rules 7077 . 0105 , Subd . 41 ( b ) , meaning
precipitation runoff , stormwater runoff , snowmelt runoff , and any other surface runoff
and drainage .
STORMWATER FACILITY, PRIVATE. Any BMP that is maintained by a private
property owner , or other private entity and not maintained by a public agency .
STORMWATER MANAGEMENT PLAN . A plan for the permanent management and
control of runoff prepared and implemented in accordance with the standards set forth
in this chapter .
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STORMWATER POND . Constructed basins placed in the landscape to capture
sto rmwate r ru n off .
SUBDIVISION. The legal separation of an area , parcel , or tract of land under single
ownership into two or more parcels , tracts , lots .
SURFACE WATERS . All streams , lakes , ponds , marshes , wetlands , reservoirs ,
springs , rivers , drainage systems , waterways , watercourses , and irrigation systems
whether natural or artificial , public or private .
UNDERGROUND WATERS . Water contained below the surface of the earth in the
saturated zone including , without limitation , all waters whether under confined ,
unconfined , or perched conditions , in near surface unconsolidated sediment or regolith ,
or in rock formations deeper underground . The term GROUND WATER shall be
synonymous with underground water .
WATER QUANTITY BEST MANAGEMENT PRACTICE. The use of on - site runoff
management practices such as biofiltration , infiltration , buffers /conservation areas ,
9
impervious disconnection , and greenway connections to satisfy stormwater
management requirements .
WATERS OF THE STATE. As defined in M . S . -a-� . n � , %R�f ` 2J03G . 005 , Subd .
17 means surface or underground waters , except surface waters that are not confined
but are spread and diffused over the land . Waters of the state includes boundary and
inland waters . ,
. V6A I
ther
WETLAND . Land transitional between terrestrial and aquatic systems , as defined in
M . S . § 103G . 005 , Subd . 19 .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
§ 1011 . 007 APPLICABILITY .
All bland - disturbing activity may be subject to standard erosion and sediment
control BMPs . A % ,
man . ryominn + permit shall be required for projects that meet or exceed the thresholds
established in § § 1011 . 010 and 1011 . Oils
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
1011 . 008 EXEMPTIONS .
The following bland - disturbing activities will be exempt from the rrrnrlinrrZI o Ire Si0n
nnr1 cundlrmon�nn�nT rnl � nrl + nrm � ni � + or m � n � nom permit requirements of this chapter :
( 1 ) Cemetery graves ;
( 2 ) Routine agricultural activity such as tilling , planting , or harvesting of
agricultural , horticultural , or silvicultural (forestry ) crops ; and
( 3 ) Emergency work necessary to protect life , limb , or property .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
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1011 . 010 GRADING , EROSION AND SEDIMENT CONTROL REQUIREMENTS .
( 1 ) Grading, erosion and sediment control (ESC) . A , ion anl (J
sodimonf nnnf nl ( rc (' ) permit
- - -- ,
shall be required for all proposed bland - disturbing activity unless otherwise
exempted in this chapter that meets any or all of the following :
( a ) Includes excavation , filing , or stockpiling of erodible material in excess of 50
cubic yards per acre ,
ahnnnol fnr n dicf :4nap of inn foot nr mnro •
{ c4to. Disturbs more than one acre of land or 10 , 000 square feet if anypart of
the disturbed area is within 300 feet of a lake , stream or wetland and drains towards it ;
and /or
O)Lc) Abland - disturbing activity , regardless of size , that the city determines
is likely to cause an adverse impact to an environmentally sensitive area or other
property .
( 2 ) Grading, erosion and sediment control plan design standards . Grading ,
erosion and sediment control plans must comply with the following criteria :
( a )
ZI
oAll site erosion
and sediment control practices shall be consistent with Minnesota Pollution Control
Agency document " Protecting water Quality in Urban Areas ( 1994 ) as amended and
Citv of Lin Lakes General Specifications and Standard Detail Plates for Street and
Utility Construction lgn , al ci ,. 1fin _ as amended .
( b ) Natural site topography and soil conditions must be specifically addressed to
reduce erosion and sedimentation during construction and after project completion ;
,� orlimonf nn _ � ifo •
The project must be phased as best as possible to minimize disturbed
areas and removal of existing vegetation until necessary for project progress ;
11
ke4 ( d )..The city may require additional erosion and sediment control measures on
areas with a continuous slope leading to a sensitive , impaired or special water body ,
stream , ditch or wetland to assure retention of sediment on site ;
V i m%OF % J h iffnamO rim_
04Le The plan must include conditions adequate to protect facilities to be used
for post- construction stormwater infiltration ;
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.
natfnnf
4M. Protection shall be provided to minimize disturbance to surrounding soils ,
root systems and trunks of trees adjacent to site activity that are intended to be left
standing .
Compaction of site soils shall be minimized .
R4LLAII imported materials shall be approved by the City Engineer prior to
placement on the site .
Ofil.Appropriate on - site containment must be provided for all trash , solid
waste , construction debris , floating debris , and hazardous materials . Disposal of
collected sediment shall be deposited only in approved locations .
( 3 ) Grading, erosion and sediment control (ESC) required exhibits . The plan shall
be prepared and signed by a duly licensed professional engineer in the State of
Minnesota . The following exhibits must accompany the permit application : two plan
sets , full size ( 22 inches by 34 inches ) ; and one electronic copy in a . pdf format . one
All plan sets shall also be submitted electronically in a . dwg format or as otherwise
determined by the City Engineer . The minimum requirements of the grading , erosion ,
and sediment control plan shall be consistent with the most recent version of the
NPDES permit requirements and include the following information :
.
( a ) Project name ' , '
or-e�li��} and location ,
IM Drnionf Inn � R9l 1 _
{ 4ft Address , cCounty parcel identification number kand legal description of the
p ropggty4 ;
12
Names and addresses of the record owner , developer , land surveyor ,
engineer , designer of the plat , and any agents , contractors , and subcontractors who will
be responsible for project implementation , including the name , address and phone
number of the party responsible for maintenance of all erosion and sediment control
measures ;
kokOLTabulation of construction implementation schedule , including : estimated
start date , time frames , and schedules for each construction phase , and completion
date ;
kf)Leh. Coples of permits or permit applications required by any other government
entity or agencies including mitigation measures required as a result of any review for
the project ( e . g . , wetland mitigation , EAW , EIS , archaeology survey ) ;
(g4ff). Exlsting conditions map . An existing topographic site map , drawn to a
legible scale and clearly labeled with a north arrow and date of preparation . The plan ,
based on a certificate of survey , shall include the following information :
1 . Property lines and lot dimensions ;
2 . Existing zoning classifications for land within and abutting the
development , including shoreland , floodway , floodway fringe , or general floodplain , and
other natural resource overlay districts ;
3 . All buildings and outdoor uses including all dimensions and setbacks ;
4 . All public and private roads , interior roads , driveways and parking lots ;
5 . Show ordinary high � Vag-, -water levels of all navigable waters , 100
year critical flood duration event elevations , and delineated wetland boundaries , if any .
If not available , appropriate flood zone determination or wetland delineation , or both ,
may be required at the applicant ' s expense ;
6 . Identify all special waters and impaired waters , as identified in the most
recent listing by the MPCA , within one mile of the project that receive runoff from the
project ;
7 . Location of drainage areas , existing storm sewer facilities , including pipes ,
manholes , catch basins , ponds , swales and drainage channels within 100 feet of the
subject property . Existing pipe sizes , grades , rim and invert elevations , and normal and
high water elevations must be included ;
8 . Existing contours at one foot intervals , shown as dashed lines for the
subject property and extending 100 feet beyond the outside boundary of the proposed
plat ;
9 . Location of any Ssteep slopes where areas have an average slope of
more than 12 % over a distance of at least 50 feet , or bluff areas as defined in the
wherela-ndShoreland ordinance , whichever is applicable ; and
10 . Location of Wwooded areas , high quality native plant communities , or
other officially designated natural resource areas .
NLg). Proposed conditions map .
13
1 . Maps identifying areas discussed in ( 3 ) (9. 1 . through (g. 10 . of this
section .
2 . Location , size , and approximate grade of proposed public sewer and
water mains .
3 . Elevations , sections , profiles , and details as needed to describe all natural
and artificial features of the project .
4 . Proposed grade contours at one -foot intervals shown as solid lines .
5 . An estimate of the total volume ( cubic yards ) of materials proposed to be
imported to or exported from the site .
6 . Provisions for groundwater management ( dewatering ) , including
subsurface drains , disposals , ponding and flood controls .
7 . Spot elevations at drainage break points and directional arrows indicating
site swale and lot drainage .
8 . Proposed lot lines , lot and block numbers , building style , building pad
location and elevations at the lowest floor and garage slab , if applicable , for each lot .
9 . Locations , sizes , grades , rim and invert elevations of all proposed
stormwater facilities , including ponds , proposed to serve the subject property .
10 . The location of all oversize , non -typical easements including conservation
easements , if applicable .
11 . Show the boundary of the 100 -year flood elevations of all waterbodies .
12 . Locations of all stormwater management practices , infiltration areas , and
areas not to be disturbed during construction .
13 . Normal water level , high water level , and emergency overflow elevations
for the site and all associated ponding systems .
14 . Location of areas where construction will be phased to minimize duration
of exposed soil areas . Include map and calculations as necessary of areas of grubbing ,
clearing , tree removal , grading , excavation , fill , and other disturbance ; areas of soil or
earth material storage ; quantities of soil or earth material to be removed , placed , stored ,
or otherwise moved on site , and delineated limits of disturbance .
15 . Location and type of all temporary and permanent erosion prevention ,
sediment control , stormwater runoff , and soil stabilization BMPs , along with procedures
to be used to establish additional temporary BMPs as necessary for the site conditions
during construction . Standard plates and /or specifications for the BMP's used on the
project must be included in the final plans and specifications for the project . Location
and design of temporary sediment basins where ten acres or more (five acres or more
for special or impaired waters ) are disturbed and drained to a single point . When site
restrictions do not allow for a temporary sediment basin or less than the required
acreage is being developed , temporary sediment basins where appropriate are
encouraged , but not required in areas with steep slopes or highly erodible soils or to
14
take equivalent measures such as smaller basins , check dams , and vegetated buffer
strips .
16 . Methods to be used for final stabilization of all exposed soil areas .
17 . Documentation that the project applicant has applied for the NPDES
permit from the Minnesota Pollution Control Agency ( MPCA ) , when applicable .
18 . A stormwater pollution prevention plan for projects that require an NPDES
permit .
( 4 ) Construction activity requirements . Any activity subject to a permit under this
chapter must conform to the standards of the NPDES general permit regarding
construction - site erosion and sediment control .
( 5 ) Inspections . ( See also § 1101 . 011 . )
( a ) The applicant shall be responsible for inspection , maintenance and
effectiveness of all erosion and sediment control measures until final soil stabilization is
achieved .
( b ) The city may inspect the project site and require the applicant to provide
additional erosion control measures as it determined conditions warrant .
( 6 ) Final stabilization .
( a ) Erosion and sediment control measures must be maintained until final
vegetation and ground cover is established to a density of 70 % over the entire pervious
surface area .
( b ) All temporary erosion and sediment control BMPs will be removed , by owner ,
after all disturbed areas have been permanently stabilized .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
§ 1011 . 011 STORMWATER MANAGEMENT REQUIREMENTS .
( 1 ) Stormwater management. Apermit incorporating an approved stormwater
management plan shall be required for all proposed land development activity including
public linear projects , unless otherwise exempted in this chapter , which meets any or all
of the following :
( a ) A development , redevelopment or reconstruction , except public linear
projects , that creates or reconstructs 10 , 000 square feet or more of impervious surface ,
including smaller individual sites that are part of a common plan of development that
may be constructed at different times .
( b ) A subdivision of an area exceeding one acre . This includes subdivision for
single - family residential , multi - unit residential , commercial , industrial , or institutional
development .
( c ) For public linear projects , a permit is required when one or more acres of
impervious surface will be to- created or reconstructed 11070000
15
rein , EZ , fanp-through multiple phases or connected actions of a single project , as
defined by the city .
WkqLAny bland - disturbing activity , regardless of size , that the city
determines would otherwise cause an adverse impact to an environmentally sensitive
area or other property including areas within floodplain and shoreland districts .
( 2 ) Exceptions
k ( a.) A permit is not required for single family residential construction on an
individual lot of record , if the proposed impervious surface of the lot is less than 101000
square feet , excluding the d y.rivewaStormwater management requirements do not
apply to development of an individual lot within a residential subdivision if it conforms to
an approved development plan .
{-g)LLStormwater management requirements do not apply to sidewalks and
trails ten feet wide or less that are bordered down - gradient by vegetated open space or
vegetated filter strip with a minimum width of five feet hn , n ,o " or tho mr ::% rlinrr � ornsinn � nrl
.%vR.orlimonfIL W %mAl ILI rorr � � iromonf � pro Mill offon� iLI V G, .
� . Stormwater management requirements do not apply to bridge spans , mill ,
reclamation and overlay projects tl%ale peSe unde. 0, 1inC Qnilc
.
( d ) Stormwater Management Requirements do not applysingle family
residential subdivisions creating seven or fewer lots that .
1 . Establish no new public roadway ; and
2 . Includes no private roadway/driveway serving three or more lots
{ 24Stormwater management performance standards . ci + o nl � n % f'n
� r new
+ nrm1nia + r n , iali c o fit mananemcinf0 stormwater management plan shall be submitted with
the permit application for a project equaling or exceeding the threshold of Section
1011 . 011 ( 1 ) . The plan shall be designed honor-: 1 nnliall nn Qfnrm1ninte -ri inn r3f+a� S
to reduce the impacts of development by maintaining predevelopment hydrological
conditions in the following ways :
( a ) Use of natural topography. The applicant shall incorporate the use of natural
topography and land cover such as natural swales and depressions as they exist before
development to the degree that they can accommodate the additional flow of water
without compromising the integrity or quality of the receiving waterbody .
Minimize impact to natural features . The development shall minimize i( b ) mpact
to significant natural features . Applicant shall review the site for natural features
protected under city , state or � �-federal requirements , including steep slopes ,
wetlands , wooded areas , endangered or threatened species, or species of concern
16
habitat , areas designated by the county biological survey , greenways , parks and open
space , groundwater recharge areas , wellhead or surface water protection areas or
regional stormwater pond locations .
( c ) Conveyance system . Wherever possible untreated and treated stormwater
runoff shall be conveyed in facilities open to the atmosphere ( e . g . swales , vegetated
buffer strips , energy - dissipating structures , and the like ) rather than through enclosed
pipes , so as to decrease runoff velocity , allow for natural infiltration , allow suspended
sediment particles to settle , and to remove pollutants .
( d ) Proposed development design shall:
1 . Maintain or decrease runoff volume , where practicable as determined by
the City Engineer ;
2 . Decrease erosion and sedimentation ,
3 . Maintain or decrease flow frequency , duration , and peak runoff rates ;
4 . Increase infiltration ( groundwater recharge ) or filtration ;
5 . Maintain existing flow patterns ;
6 . Reduce time to peak flows by increasing the time of concentration to and
through storm sewers ;
7 . Provide storage of stormwater runoff on site ;
8 . Avoid channel erosion ;
9 . The proposed project must not adversely affect water level off the site
during or after construction ; and
10 . The proposed activity may not reduce hydraulic efficiency of the drainage
ways at any point up - gradient of the applicant ' s parcel boundary .
a-8-: 11 . A combination of Stormwater BMPs may be used to meet the
requirements of section ( s ) 6 , 7 , or 8
( e ) Landlocked basins . A landlocked basin may be provided an outlet only if it :
1 . Retains a hydrologic regime that complies with the requirements of the
local governmental unit ( LGU ) responsible for administration of the Wetland
Conservation Act (WCA ) ;
2 . Provides sufficient dead storage volume to retain back to back 100 -year ,
24 - hour rainfalls and runoff ; and
3 . Does not create adverse downstream flooding or water quality conditions
as a result of increased discharge rate or volume , or other factors .
( f) All plans shall be consistent with National Pollutant Discharge Elimination
permit ( NPDES ) requirements , the Lino Lakes engineering design standards , the Lino
Lakes stormwater design standards , and the filing or approval requirements of Rice
Creek Watershed District , Vadnais Lakes Watershed Management Organization , Anoka
County , Minnesota Department of Natural Resources , Minnesota Department of
17
Transportation , Minnesota Pollution Control Agency , U . S . Army Corps of Engineers ,
State of Minnesota Stormwater Manual or other regulatory agencies .
{-3) 4LStormwater management plan modeling requirements . The City adopts by
reference RCWD Rule C4 . Modeling for Stormwater Management Plans , as
amended.
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{44 (. Water quality treatment. The City Adopts by reference RCWD Rule C6 . Water
Quality Treatment as amended .
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k54&LPeak stormwater runoff control. The City adopts by reference RCWD Rule
C7 . Peak Stormwater Runoff Control as amended .
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{-649). Design criteria . Best Management Practices shall be designed in accordance
with the following standards :
( a ) Infiltration BMPs . lnfil + r::i f' nn PhADQ m , mt ho dinQ1ryndnd + n nrnwHinIIIIIILI %A : The City
adopts by reference RCWD Rules C . 9 . ( a ) as amended .
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( b ) Water reuse . The City adopts by reference RCWD Rules C . 9 . ( b ) as
amended . � � / � + or roe � � o Qh4Djz mi iQt ho rloizionpH + n r, rnvirlo .
nrnsc aro ( � l •
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VAnnM of mnnij %nrinrr rAnnnrd .
( c ) Biofiltration and filtration BMPs . The City adopts by reference RCWD Rules
C . 9 . ( c ) as amended .
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( d ) Storm water ponds . The City adopts by reference MW RCWD Rules C . 9 . ( d ) as
amended .
NICF7 e ) Soil Borings . The City adopts by reference MM RCWD Rules C . 9 . ( e ) as
amended .
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24
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%fit t a-In -+ ho '1 tln _ yeaF nri in1l Sfnrm o " ont
The City
adopts by reference RCWD Rules C . 9 . (D as amended .
#)Lqh. Freeboard requirements . All new residential , commercial , industrial and
other habitable or non - habitable structures , and all stormwater basins , must be
constructed so that the lowest floor and lowest entry elevations of structures comply
with ��IIn, ^ , inn . Table 1 .
Table 1 . Low floor and low entry freeboard requirements
Regional Local Detention Infiltration Basins Rain Groundwater)
Flood Basins & Gardens
Elevations Wetlands
Elevation 100 year EOF 100 EOF Bottom 100 EOF EOF Seasonal High
year year Level
Low Floor 2 - RTI . 1 -ft O -ft N /A O - ft N /A N /A N /A 4 -ft
Freeboard
Low Entry N /A N /A 2 - ft 1 -ft N /A 2 -ft 1 -ft 0 . 5 -ft N /A
Freeboard
The seasonal high Rroundwater level shall be determined within 12 months of proposed construction
of the structure by a soil scientist or geotechnical engineer registered in the State of Minnesota as
indicated by redoximorphic features such as mottling within the soil or by direct groundwater
observation .
O)L I.Within a landlocked basin , lowest floor elevations must be at least one
foot above the surveyed basin overflow elevation . Where a structure is proposed below
the runoff elevation of a land - locked basin , the low_floor elevation will be a minimum of
two feet above the high water level as determined from an estimate of high water levels
determined from the highest of either the 100 - year , ten - day runoff event or back -to - back
100 -year , 24 - hour rainfalls . Aerial photos , vegetation , soils , and topography will be used
to derive a " normal " water elevation for the basin for the purpose of computing the 100
year elevation .
25
94 ( 8 ). Drainage and utility easements .
( a ) If a stormwater management plan involves direction of some or all runoff off of
the site , it shall be the responsibility of the applicant to obtain from adjacent property
owners any necessary easements or other property interests concerning flowage of
water .
( b ) Easements are required for all stormwater management facilities , stormwater
conveyances and on - site floodplain and shall extend a minimum of ten feet beyond the
basin ' s normal water level or the 100 - year storm high water level elevation , whichever
is greater .
( c ) Easements are required for all outlet swales and ditches , and for overland
overflow routes located downstream of basins located on site .
( d ) If the storm sewer is to be installed less than ten feet deep within private
property , the easement shall be a minimum of 20 feet wide . If the storm sewer is ten
feet or greater , the easement shall be twice as wide as the depth .
( e ) Easements necessary for maintenance vehicle access are required for all of
the above where not directly available on a public road .
( 9 ) Wetlands . Runoff shall not be routed directly to wetlands without first passing _
through an appropriate settling or approved pre - treatment basin . Said basins must
meet standards for volume and flow directed to the basin .
( a ) A protective buffer strip of natural vegetation shall surround all wetlands as
follows :
1 . Where RCWD is the Local Government Unit ( LGU ) for administration of
the Minnesota Wetland Conservation Act (WCA) the City adopts RCWD Rule F . 6 . ( e ) , as
amended . Wetlands not subject to RCWD Rule F . 6 . ( e ) shall have a minimum buffer
width of 10 ' .
2 . Where Vadnais Lakes Area Water Management Organization (VLAWMO )
is the LGU for administration of WCA , the City adopts VLAWMO Water Quality
Standards Section 11 , as amended .
( b) Wetlands must not be drained , filled , or altered , wholly or partially , unless in
compliance with and permitted under the most current rules adopted by the Minnesota
Board of Water and Soil Resources in the Wetland Conservation Act (WCA ) . Wetland
replacement must be guided by the following principles in descending order :
1 . Avoidance .
2 . Minimization .
3 . Mitigation .
( c ) Permits to work in wetlands must be obtained from the local water
management organizations , acting as local governmental units ( LGU ) , with respective
jurisdiction with the City of Lino Lakes to administer the WCA .
26
( d ) Permanent boundary markers , in the form of signaqe approved by the City of
Lino lakes , should be installed prior to final approval of the required clearing and
grading plan .
( 10 ) Comprehensive Stormwater Management PIan . The City of Lino Lakes may
develop a comprehensive stormwater management plan ( CSMP ) as an alternative way
to meet the stormwater requirements of the local watershed agencies for development
within a defined area and a common resource of concern ( ROC ) . The CSMP will be
submitted to the applicable watershed district for review and must comply with the
requirements of the watershed district .
The following Comprehensive Stormwater Management Plans are adopted and in
effect :
( a ) Legacy at Woods Edge Development ( LWED ) CSMP (August 2016 ) : The
LWED is defined as that area within the City of Lino Lakes bounded by I - 35W to the
north , Town Center Parkway to the south , and Lake Drive to the west . The following
LWED CSMP policies and regulations supersede portions of Sections 1011 . 011 within
the LWED as follows :
1 . Subpart ( 5 ) Water Quality Treatment and Subpart ( 6 ) Peak Stormwater
Runoff Control : Private development shall not exceed the impervious areas listed in
Appendix E of the LWED CSMP . If developers choose to exceed the impervious limits ,
equired to address any additi they will be r onal stormwater requirements within that
parcel at their own expense and demonstrate how the additional runoff will be treated to
meet the applicable Rice Creek Watershed District rules . Any such best management
practices ( BMPs ) will be considered private and be maintained by the owner/developer
of the parcel .
( b ) Northeast Lino Lakes Drainage Area ( NEDA) CSMP ( September 2018 ) :
The NEDA is defined as that area within the City of Lino Lakes bounded by Main Street
to the south , the City of Hugo to the east , Lake Peltier to the west and Rehbein Street
to the north . The following NEDA CSMP policies and regulations supersede portions of
Section 1011 . 011 with the NEDA as follows :
1 . Subpart ( 5 ) . Water Quality Treatment : Water quality treatment
requirements shall be met through a variety of measures as is feasible on a regional or
O
development- by - development basis . On site infiltration is not feasible for most of the
NEDA due to poor soils , high groundwater and the presence of wetlands . As
development proceeds within the NEDA , developers shall be required to demonstrate
that infiltration is not feasible on - site before utilizing any regional basins or other BMP
alternatives .
2 . Subpart ( 6 ) . Peak Stormwater Runoff Control : Private development shall
be restricted to an allowable flow rate of 0 . 1 cubic feet per second ( cfs ) per acre for the
100 - year , 24 - hour peak discharge rate . This will result in a maximum peak discharge
rate from the NEDA into Peltier Lake of no more than 135 cfs . This restriction may be
met through a combination of rate control practices on a regional or development- by .
development basis .
27
Stormwater management plan required exhibits . The stormwater
management plan shall be prepared and signed by a duly licensed engineer in the State
of Minnesota . The following exhibits must accompany the permit application : two plan
sets , full size ( 22 inches by 34 inches ) ; and one electronic cop in a . pdf ^ no nI � n � o + ,
format .
All plan sets shall also be submitted electronically in a . dwg format or as otherwise
determined by the City Engineer . Tho minims arm i �fnrnma ' n r� rvi iiromnn + c of +�
( a ) A grading , erosion and sediment control plan and , for projects that require a
NPDES permit , a stormwater pollution prevention plan ( SWPPP ) i � riQn iirorl
( b ) Stormwater management plan including existing and proposed hydrologic
calculations for total runoff volume and peak discharge rates as described in this
chapter , including :
1 . A narrative including a project description , discussion of BMP selection ,
incorporation of infiltration BMPs , and revegetation plan for the project site ;
2 . Delineation of all drainage areas , including contributing runoff from off- site
areas , proposed and existing subwatersheds on - site , emergency overflows , and
drainage ways ;
3 . Existing , proposed , and total amount of impervious surfaces created by
the project ;
4 . Existing and proposed runoff curve numbers ;
5 . Time of concentration used in calculations ; and
6 . Existing and proposed total runoff volume and peak discharge rates for
the two - , ten - , and 100 - year critical events utilizing NOAA Atlas 14 .
( c ) Property of lines and delineation of lands under ownership of the applicant .
( d ) Locations of all stormwater management practices , infiltration areas , and
areas not to be disturbed during construction .
( e ) Location of all drain tiles on the project site shall be identified .
( f) Location and engineered designs for structural stormwater management
practices including stormwater treatment devices that remove oil and floatable material
( e . g . , basin outlets with submerged inlets ) .
( g ) Normal water level , high water level , and emergency overflow elevations for
the site and all ponding systems related to NAVD88 .
( h ) Identification of existing and proposed one - foot contour elevations within the
project site related to NAVD88 .
( 1 ) Geotechnical analysis including soil borings at all proposed stormwater
management facility locations ASTM D5921 and D2488 .
28
(j ) Provisions for groundwater management ( dewatering ) , including subsurface
drains , disposals , ponding and flood controls .
( k ) Completed c4ty- Rice Creek Watershed District worksheet explaining better
site design techniques that were evaluated during project design , the results of the
evaluation of each and for any techniques deemed infeasible .
( I ) Along -term maintenance plan and schedule for all permanent stormwater
practices , along with the identity of the party responsible for the maintenance of the
project . The maintenance responsibility must be memorialized in a document executed
by the property owner in a form acceptable to the city and filed for record on the deed .
( m ) Before work is deemed complete , as - built plans must be submitted
demonstrating that at the time of final stabilization , stormwater facilities conform to
design specifications .
( n ) Other project site - specific submittal requirements as may be required by the
city .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
§ 1011 . 012 INSPECTIONS AND MAINTENANCE .
( 1 ) Inspections . The applicant is responsible for inspections and record keeping in
accordance with the NPDES permit requirements . The city shall conduct inspections on
a regular basis to ensure that both stormwater and erosion and sediment control
measures are properly installed and maintained prior to construction , during
construction , and at the completion of the project . In all cases the inspectors will attempt
to work with the applicant or developer to maintain proper stormwater management .
Mandatory inspections , conducted by the city , are required as follows :
( a ) Before any land - disturbing activity begins ;
( b ) Five working days after footing inspections ;
( c ) At the completion of the project ; and
( d ) Prior to the release of financial securities .
( 2 ) Post- construction inspection and maintenance of stormwater facilities .
( a ) Private stormwater facilities . No private stormwater facility may be approved
unless a maintenance agreement is provided that defines who will conduct
maintenance , the type of maintenance , and the maintenance intervals . All private
stormwater facilities shall be inspected by the owner and maintained in proper condition
consistent with the performance standards for which they were originally designed .
1 . Facility access . Access to all stormwater facilities must be inspected
annually and maintained as necessary . It shall be the responsibility of the applicant to
obtain any necessary easements or other property interests to allow access to the
facilities for inspection or maintenance for both the responsible party and the city .
29
2 . Maintenance . All settled materials from ponds , sumps , grit chambers , and
other devices , including settled solids , shall be removed and properly disposed of once
capacity is reduced by 30 % .
3 . Inspection . All private stormwater facilities must submit an as - built record
plan of the facility and must provide documentation to the city of an inspection during
construction , during the first year of operation , and at least once every five years
thereafter . Private facilities are subject to city inspection at any time to ensure
compliance .
( b ) Public stormwater facilities .
1 . Acceptance of publicly owned facilities . Before work under the permit is
deemed complete , as - builts and certification must be submitted demonstrating at the
time of final stabilization that the stormwater facilities conform to design specifications .
A final inspection shall be required before the city accepts ownership of the stormwater
facilities .
2 . Inventory of stormwater facilities . The city shall inventory and maintain a
database for all public stormwater facilities within the city requiring maintenance to
ensure compliance with this chapter .
( 3 ) Maintenance . The city shall perform maintenance of publicly owned stormwater
facilities within the city as provided for in the local surface water management plan .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
1011 . 013 PLAN REVIEW PROCEDURE .
Plan review. The applicant shall not commence any construction activity subject to
this chapter until the stormwater management plan and /or the grading , erosion and
sediment control plan have been approved by the city . The submittal shall be processed
in accordance with :
- Ch . 1007 . 020 of city code as applicable & 9 ^ f + ho 7nnino nrrlir r� r+» in nr Ch Inl 1 of
W AL r+ n %lo � Q %A PP in � hlo . City approval is contingent on issuance of all other permits
required by the city or other agencies having jurisdiction on the project . The following
standards shall apply to all developments within the city :
( 1 ) Plan approval. If the city determines that the stormwater management plan
and /or the grading , erosion and sediment control plan meets the requirements of this
chapter , the city shall issue a plan approval valid for a specified period of time that
authorizes the land disturbance activity contingent on the implementation and
completion of this plan .
( 2 ) Plan denial. If the city determines that the plan does not meet the requirements
of this chapter , the city shall not issue plan approval for the land disturbance activity .
This plan must be resubmitted for approval before the land disturbance activity begins .
All land use and building permits shall be suspended until the developer has an
approved ._. cr czfnr- mlArater for ESC or stormwater management .
30
( 3 ) Modification of plan . The applicant must amend the plan as necessary to include
additional requirements such as additional or modified BMPs designed to correct
problems identified or address situations whenever :
( a ) A change in design , construction , operation , maintenance , weather , or
seasonal conditions that has a significant effect on the discharge or pollutants to
surface waters or underground waters ;
( b ) Inspections or investigations indicate the plans are not effective in eliminating
or significantly minimizing the discharge or pollutants to surface waters or underground
waters or that the discharges are causing water quality degradation ;
( c ) The plan is not achieving the general objectives of minimizing pollutants in
stormwater discharges associated with construction activity ; or
( d ) The plan is not consistent with the terms and conditions of this chapter .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
1011 . 014 FINANCIAL SECURITIES .
The applicant shall be subject to the financial security provisions of the city
development agreement , site improvement performance agreement and /or the city
public improvement financing policy , as applicable .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
1011 . 015 ENFORCEMENT .
( 1 ) Notification of failure of the permit. The city shall notify the permit holder of the
failure of the permit ' s measures .
( a ) Initial contact. The initial contact will be to the party or parties listed on the
application and /or the SWPPP as contacts . Except during an emergency action , 48
hours after notification by the city or 72 hours after the failure of erosion and sediment
control measures , whichever is less , the city at its discretion may begin corrective work .
Such notification should be in writing , but if it is verbal , a written notification should
follow as quickly as practical . If after making a good faith effort to notify the responsible
party or parties , the city has been unable to establish contact , the city may proceed with
corrective work . There are conditions when time is of the essence in controlling erosion .
During such a condition , the city may take immediate action and then notify the
applicant as soon as possible .
( b ) Emergency action . If circumstances exist such that non - compliance 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 . Any cost to the city may be recovered from the applicant ' s
financial security .
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( c ) Erosion off site . If erosion breaches the perimeter of the site , the applicant
shall clean up and repair or supplement with functional BMPs within 24 hours of
discovery or immediately as conditions allow . If , in 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 and charge the cost to the applicant . 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 .
( d ) Erosion into streets, wetlands, or water bodies . If eroded soils ( including
tracked soils from construction activities ) enter or appear likely to enter 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 .
( e ) Failure to do corrective work. When an applicant fails to conform to any
provision of this pe► rvy cha tamer- within the time stipulated , the city may take the
following actions :
.-. . . ......
1 . Issue a stop work order , withhold the scheduling of inspections , and /or the
issuance of a certificate of occupancy .
2 . Revoke 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 . Correct the deficiency or hire a contractor to correct the deficiency .
4 . Require reimbursement to the city for all costs incurred in correcting
stormwater pollution control deficiencies . If payment is not made within 30 days after
costs are incurredby the city , payment will be made from the applicant ' s financial
securities as described above .
5 . If there is an insufficient financial amount in the applicant ' s financial
securities as described above , then the city may assess the remaining amount against
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 .
( 2 ) Enforcement. The city shall be responsible for enforcing this chapter .
( a ) Penalties . Any person , firm , or corporation failing to comply with or violating
any of these regulations shall be deemed guilty of a misdemeanor and be subject to a
fine or imprisonment or both . All land use and building permits shall be suspended until
the applicant has corrected the violation . Each day that a separate violation exists shall
constitute a separate offense .
( b ) Bight- of- entry and inspection ; powers . The issuance of a permit constitutes a
right- of- entry for the city or its contractor to enter upon the construction site . The
applicant shall allow the city and their authorized representatives , upon presentation of
credentials , to :
1 . Enter upon the permitted site for the purpose of obtaining information ,
examination of records , conducting investigations or surveys ;
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2 . Bring such equipment upon the permitted site as is necessary to conduct
such surveys and investigations ;
3 . Examine and copy any books , papers , records , or memoranda pertaining
to activities or records required to be kept under the terms and conditions of the
permitted site ;
4 . Inspect the stormwater pollution control measures ; and
5 . Sample and monitor any items or activities pertaining to stormwater
pollution control measures ;
6 . Correcting deficiencies in stormwater and erosion and sediment control
measures .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
§ 1011 . 016 ABROGATION AND GREATER RESTRICTIONS .
In the event of any conflict between the provisions of this chapter and the provisions
of any other city ordinance adopted by the City Council , the more restrictive standard
prevails .
( Ord . 09 - 15 , passed 10 - 26 - 2015 )
Section 2 . Effective Date . This ordinance shall be in force and effect from and after its passage
and publication according to the Lino Lakes City Charter .
Adopted by the Lino Lakes City Council this 9th day of January , 2023 .
The motion for the adoption of the foregoing ordinance was introduced by Councilmember
5�4: and was duly seconded by Councilmember yt gnand upon vote being
taken thereon , the following voted in favor thereof: R A h I of ,
CCkVeqV) Ra eriy
The following voted against same : ont
to t
Ro R erty , Mayor
ATTEST :
No
Hannah Lynch , City Clerk
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