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HomeMy WebLinkAbout04/28/2010 Env Bd Packet• • City of Lino Lakes Environmental Board Meeting April 28, 2010 6:30 p.m. AGENDA 1. Call to Order 2. Swearing in of Board Members 1. Barbara Bor — Reappointed 2. Peter Brown — Reappointed 3. Stephen Heiskary — Newly Appointed 3. Approval of Minutes December February 4. Approval of Agenda 5. Open Mike 6. Action Items A. Surface Water Management Public Hearing / Tim Payne B. Storm Water Ordinance Review/ Patrick McLarnon/ TKDA 7. Discussion Items A. Recycle Day/ May 1 B. Arbor Day/ May 5th Rice Lake Elementary, May 7th Lino Lakes Elementary 8. Adjourn FYI: Tuesday, May 4, Special Environmental Board meeting regarding Environmental Ordinances • • • ENVIRONMENTAL BOARD MEETING FEBRUARY 24, 2009 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT CITY OF LINO LAKES MINUTES : February 24, 2010 . 6:31 P.M. . 8:05 P.M. : Mary Jo O'Dea Barbara Bor, Paula Andrzejewski, Peter Brown, Martha DeHaven and Steve Heiskary : None : Environmental Coordinator Marty Asleson 1. CALL TO ORDER Ms. O'Dea called the meeting to order at 6:31p.m. 2. Swearing in of Board Members — Postponed at this time. 1. Barbara Bor — Reappointed Member 2. Peter Brown — Reappointed Member 3. Stephen Heiskary — Newly Appointed Member 3. ELECT CHAIR AND VICE CHAIR Mr. Brown made a motion to re -elect Mary Jo O'Dea as Chair and Barbara Bor as Vice - Chair. Ms. DeHaven seconded the motion. Motion carried unanimously. 4. APPROVAL OF MINUTES None at this time. 5. APPROVAL OF AGENDA Postpone swearing in of board members. Mayor not present Move Garden Club to Item 8 A Move Heron Rookery to Item 8 B Add: Blue Heron Day Shirts /Recycle Day /Arbor Day to discussion items. Mr. Brown made a motion to approve the agenda. Ms. Andrzejewski seconded the motion to approve the agenda. Motion carried unanimously DRAFT MINUTES 1 ENVIRONMENTAL BOARD MEETING FEBRUARY 24, 2009 6. OPEN MIKE Open mike closed at 6:34 p.m. 7. ACTION ITEMS None. 8. DISCUSSION ITEMS A. Gardening Club Mr. John Mordlund was in attendance to present information to board members regarding the garden club in the City of Columbia Heights where he is employed. He stated the City has roughly 60 garden plots that are 10 x 15 feet in size. The plots have water available on site. He stated it is helpful to have a designated person to manage the water. He stated there is an administrative fee of $10.00 per plot and interested persons sign up through their Parks and Recreation Department. Ms. Bor questioned if the City enhances the soil and /or tills it. He sated yes, the City does this once in the spring and once in the fall. Ms. DeHaven questioned if there have been problems with people stealing from gardens. He stated yes, occasionally. Ms. Bor questioned if their City has guidelines for use of the garden plots. He stated none that he knows of. Ms. O'Dea stated there should be rules as to what is allowed on the garden plots pertaining to fences, etc. Ms. O'Dea asked if our City was to start a garden club would he be interested in helping us get started. He stated yes. He is a master gardener and needs volunteer hours. Ms. DeHaven questioned if they have parking problems. He stated no. They have roughly 3 to 6 spots. B. Blue Heron Rookery Update Mr. Wayne LeBlanc was in attendance to present information to board members regarding the Blue Heron Rookery. He stated one of his goals was to continue monitoring the heron rookery and maintain or improve the habitat. Ms. Bor stated she is hoping something can be done to reduce the raccoon population. Mr. Asleson stated the reduction of raccoons may not be an efficient technique to save the birds. The date the birds are expected to return to the island is March 17. He stated the island has roughly 1/3 basswood trees, 1/3 ash trees and 1/3 hickory trees. He stated he spoke with a Girl Scout troop about planting bare root trees in August. He will need to check and see if this is possible with the county, etc. Ms. Bor stated the National Honor Society also looks for community projects as well. Mr. LeBlanc stated the flashing is getting tight around tree trunks and some of the flashing is torn and falling apart. He stated the birds tend to move around a little from tree to tree. At the end of this year they will reevaluate to see where the herons are and think a little more comprehensively as to where they move. There DRAFT MINUTES 2 • • • • ENVIRONMENTAL BOARD MEETING FEBRUARY 24, 2009 is a meeting scheduled at Eagle Brook Church pertaining to Peltier Island and the herons. Ms. Bor stated she will email out the meeting information. He stated the nests count is higher now than in 2004, we are on our way back up. Ms. Bor questioned the cost to install new flashing around the trees. Mr. Asleson stated the cost would need to be assessed. Ms. Bor stated the city council specifically asked about this project. She would like to know how much the flashing would cost to fix and replace and assess if it would be worth presenting the information to the council. Mr. LeBlanc stated there are no signs that say keep out or off the island at this time. Mr. Brown questioned if there could be signs put up on the island that say keep out. He stated this is an opportunity to educate citizen's and make clear when not to be on the island and what no wake means. Mr. Asleson stated he will speak to someone at Anoka County regarding signage. C. Emerald Ash Borer Cost Assessment and Discussion Mr. Asleson stated he ran a cost estimate with a Purdue analysis to determine what the cost will be to treat Ash trees infected with Emerald Ash Borer. He stated his best estimates are already out dated. City cost for treatment is roughly $2.34 per tree at this time. If the work is done by a contractor the cost would be roughly $28.00 per tree. Ms. O'Dea stated it would be helpful if Mr. Asleson added a cost per tree column to his Purdue graph. Mr. Asleson stated at this time the City is looking at developing a preparedness plan. He stated a plan is to develop an ordinance and a purpose. He stated we need to let the public know not to haul ash wood. This has contributed to a big part of spreading emerald ash borer. Mr. Asleson stated we have over 90 million ash trees in Minnesota. Minnesota has more Ash trees that any other state. He stated it is the homeowner's responsibility to care for the ash trees on their property. Mr. Asleson stated the City will try and come up with a place for homeowners to dispose of ash wood correctly. We are still in a learning phase and it is really hard to predict what is going to happen. Ms. Bor stated a plan still has to be proactive with what our options are today. Mr. Brown stated it sounds like we are making progress. Ms. O'Dea stated we need to be ready to submit a proposal for a grant if in fact we are eligible. D. Rice Lake Subwatershed Storm Retrofit Update Mr. Asleson stated he will send out current retrofit information to members. The Conservation District north of Sunrise Park and north of Rice Lake Elementary are going to meet on March 2. DRAFT MINUTES 3 ENVIRONMENTAL BOARD MEETING FEBRUARY 24, 2009 E. Earth Day — April 24, 2010 It was discussed if board members would like to go with the same shirts as last year for our upcoming environmental events. Anyone wishing to order additional shirts may contact Lisa Hogstad - Osterhues at City Hall. F. Recycling Day — May 1, 2010 If board members are able to help on Recycle Day, it will be at 1189 Main Street from 9:00 a.m. — 3:00 p.m. G. Arbor Day — May 7, 2010 There will be an Arbor Day celebration held at Rice Lake Elementary on May 7, 2010. Trish and The Toons will be giving a show on recycling to students. H. Woolan's Park Wetland Bank Progress Update Mr. Asleson stated he received a notice from BOUSER that the wetland banking has been approved. Council members are interested in this project and stated they are very impressed with the Environmental Board Goals. He stated there are thousands of rare plants on this site. I. Stormwater Ordinance Update. Mr. Asleson stated there will be a Stormwater Ordinance Update at a future meeting. 9. ADJOURN It was noted that the next meeting of the Environmental Board will be on Wednesday, March 30, 2010 at 6:30 p.m. There being no further business, Mr. Steve Heiskary moved to adjourn at 8:05 p.m. Ms. Andrzejewski seconded the motion. Motion carried unanimously. Transcribed by: Lisa Hogstad Community Development Secretary DRAFT MINUTES 4 • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: AGENDA ITEM 6A Tim Payne, Natural Resources Specialist April 28, 2010 Public Hearing: Annual Storm Water Pollution Prevention Program VOTE REQUIRED: N/A BACKGROUND: In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et. Seq., 40CFR 122, 123 and 124, as amended et seq.); Minnesota Statutes Chapters 115 and 116, as amended, and Minnesota Rules Chapter 7001, the City of Lino Lakes has adopted a Storm Water Pollution Prevention Plan (SWPPP) and authorized its submittal to the Minnesota Pollution Control Agency as part of the City's application for enrollment in the State of Minnesota's General National Pollution Discharge Elimination System Phase II Permit program. The permit authorizes the City to discharge storm water. As part of the SWPPP, the City must solicit public input at an annual meeting required under the Public Education and Outreach Plan including: • A presentation about implementation of the City's Surface Water Pollution Prevention Program in 2009. • Affording interested persons an opportunity to make oral statements concerning the Storm Water Pollution Prevention Program. • Consideration of relevant written materials that interested persons submit concerning the Storm Water Pollution Prevention Program. • Consideration of public input in making adjustments to the 2010 implementation plan for the Storm Water Pollution Prevention Program. ANALYSIS: According to the 1996 National Water Quality Inventory, stormwater runoff is a leading source of water pollution. Stormwater runoff can harm surface waters such as rivers, lakes, and streams which in turn cause or contribute to water quality standards being exceeded. Stormwater runoff can change natural hydrologic patterns, accelerate stream flows, destroy aquatic habitats, and elevate pollutant concentrations and loadings. Development substantially increases impervious surfaces thereby increasing runoff from city streets, driveways, parking lots, and sidewalks, on which pollutants from human activities settle. Common pollutants in runoff include pesticides, fertilizers, oils, metals, pathogens, salt, sediment, litter and other debris are transported via stormwater and discharged — untreated — to water resources through storm sewer systems. The Stormwater Program for Municipal Separate Storm Sewer Systems (MS4's) is designed to reduce the amount of sediment and pollution that enters surface and ground water from storm sewer systems to the maximum extent practicable. Stormwater discharges associated with MS4's are regulated through the use of National Pollutant Discharge Elimination System (NPDES) permits. NPDES permits are legal documents. Through this permit, the City is required to develop a Stormwater Pollution Prevention Program (SWPPP) that incorporates Best Management Practices (BMP's) applicable to their MS4. Below is a list of the accomplishments of the City of Lino Lakes in implementing identified best management practices (BMP's). 2009 Best Management Practice Implementation and Accomplishments: Public Education and Outreach • Quarterly newsletter articles on residential clean-water initiatives to increase public involvement in the following: resident BMP's for their property to improve surface water runoff quality including pet -waste management, soil management, irrigation management, water conservation, and impervious surface management. • Maintained a kiosk of information on environmental issues such as recycling, water quality improvement, forestry issues, and NPDES Phase IUMS4 fact sheets for residents. • Held an Arbor Day Celebration at Lino Lakes Elementary and hosted Tricia and the Toones who tailored their entertainment/presentation to recycling and importance to clean water issues. • Maintained Blue Thumb membership with the Rice Creek Watershed District (RCWD). • Maintained a page on the City Website related to NPDES requirements for MS4's and Best Management Practices for residents. Public Participation and Involvement • Held public meeting on April 29, 2009 pertaining the purpose, goals and requirements of the City SWPPP. • Solicited comments, suggestions and questions from the public. • No plan adjustment at this time. Illicit Discharge Detection and Elimination • Continued to improve and update a GIS map and spatial database of the City's storm sewer system. • Created an Illicit Discharge Detection and Ilimination Plan that includes procedures, report form, identification of non - stormwater flows, etc. • Introduced field staff to the Illicit Discharge Detection and Ilimination Plan and discussed their role within the plan. • • Developing an Illicit Discharge Detection and Elimination regulatory mechanism within a comprehensive stormwater ordinance (for 2010). • The City continues to work with Rice Creek Watershed District on Illicit Discharge education for residents. • City employees continue to attend and maintain NPDES /stormwater related certifications from the State of Minnesota.. Construction Site Stormwater Runoff Control • The City performs regular site inspection of all construction sites under NPDES permits (37 notices of violation and 4 correction orders at 17 constructions sites in 2009). • Contractor education packets were sent out to 23 construction contractors and homebuilders just prior to construction season. • The City is developing an erosion prevention and sediment control regulatory mechanism within a comprehensive stormwater ordinance (for 2010). The City of Lino Lakes has adopted and presently enforces Ordinances 03 -08 Section 3 Subd. 4 L & Subd. 11.; Subdivision Ordinance 04 -03; Surface Water Management Plan Adopted December 2005. Post - construction Stormwater Management in New Development and Redevelopment • The City monitors post construction BMP performance & runoff of public facilities through regular site inspections. • City staff frequently functions as the "eyes" for commercial and industrial facilities (i.e., identifying and reporting BMP deficiencies). • The City continues to develop a database of private facilities to ensure future adherence to maintenance agreements. • Collaborated with RCWD and ACD to study a potential raingarden retrofit project within the Rice Lake watershed to accomplish volume and nutrient reduction. • Developing a Post Construction Runoff from New and Redevelopment regulatory mechanism within a comprehensive stormwater ordinance (for 2010). Pollution Prevention and Good Housekeeping for Municipal Operations • Continue to train City field staff (public works) in the areas of illicit discharge, construction site practices, and pollution prevention. • The City sweeps all impervious surfaces twice a year. Street sweepings occur in early spring as weather allows and again in the fall after leaf off and prior to hydrant flushing. • The City annually inspects all structural pollution control devices such as trap manholes, grit chambers, sumps, and other settling or filter devices and retains inspection information. The City inspects 20% of the MS4 outfalls, sediment basins and ponds each year and retains inspection information. Inspections in 2009 included 82 structural pollution prevention devices, 71 ponds, 26 outfalls, 425 catch basins /manholes, 235 aprons /flared end sections. 2010 Best Management Practice and Implementation Goals: • Continue to utilize a full time equivalent NPDES inspector. • Public education will be emphasized in 2010. • Educate the general public through pamphlets, mailings and city newsletter. • Educate contractors about site erosion and mitigation practices. • Promote school or volunteer organizations participation, Worked on environmental education curriculum with the Centennial School District. • Continue to educate City Staff in the areas of pollution prevention/good housekeeping, illicit discharge detection and elimination and construction practices. RECOMMENDATION: Staff recommends closing the public hearing. • • • • Agenda Item 6B Staff Originator: Marty Asleson Environmental Board Meeting Date: April 28, 2010 Topic: Storm Water Ordinance Review and Comments Background: Under the "Non Point Discharge Elimination System (NPDES), Phase II ", all Cities are considered a "Municipal Separate Storm Water Sewer System "(MS4's), must address six minimum measures in required storm water pollution prevention programs. Cities must develop Ordinances pertaining to the responsibilities outlined in the Minimum control measures. A Storm water Ordinance must address: 1. Implementation of proper erosion and sediment controls on sites over 1/2 acre, 2. Requiring construction site operators to control erosion and sediment 3. Controls for chemicals, solid wastes and other wastes on construction • 4. sites, Procedures for site plan review of construction plans that consider potential water quality impacts, 5. Procedures for the receipt and consideration of information submitted by the public, 6. Sanctions to ensure compliance, 7. Illicit Discharge Detection and Elimination, 8. Implementation of post- construction runoff controls to the extent allowable by state or local law. • In response to the MS4 requirements, City Staff have drafted the attached Stormwater and Erosion and Sediment Control Ordinance (. The purposes or objectives of the attached Ordinance are to: 1 Protect life and property from dangers associated with flooding, 2. Protect public and private property and the natural resources from damage resulting from runoff and construction site erosion, 3. Ensure land development that minimizes the generation of stormwater runoff volumes and peak rates and maximize pervious areas for stormwater treatment, 4. Promote regional stormwater management by subwatershed, 5. Provide a single, consistent set of performance standards that apply to all developments, 6. Protect water quality from nutrients, heavy metals, bacteria, pathogens, debris, thermal stress, and other pollutants, 7 Promote infiltration and groundwater recharge, 8. Protect functional values for all types of natural water bodies ( e.g. rivers, streams, wetlands, lakes, seasonal ponds), 9. Sustain or enhance biodiversity (native plant and animal habitat) and support riparian ecosystems. Analysis: Patrick McLarnon from TKDA will be at the Environmental Board Meeting to go through the draft ordinance. Staff is asking for your Suggestions and comments to this draft ordinance. The draft ordinance addresses the comprehensive requirements of NPDES, and our Resources Management Plan (RMP3) Recommendation: Staff will review Environmental Board comments and suggestions and incorporate them into the document. • • • • • • DRAFT 4 -28 -2010 CHAPTER X STORM WATER AND EROSION AND SEDIMENT CONTROL ORDINANCE Sections: X.01 Statutory Authorization X.02 Findings X.03 Purpose X.04 Applicability X.05 Definitions X.06 Exemptions X.07 Incorporations by Reference X.08 Storm Water and Erosion and Sediment Control Performance Standards X.09 Pollution Prevention X.10 Inspections and Maintenance X.11 Plan Review Procedure X.12 Financial Procedures and Enforcement Actions X.01 STATUTORY AUTHORIZATION This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes Chapters 103B, 103F, and 462 and Minnesota Rules Chapters 7050, 7090, and 8410. This ordinance is intended to meet the current construction site erosion and sediment control and post - construction storm water management regulatory requirements for construction activity and small construction activity (NPDES Permit) as defined in 40 Code of Federal Regulations pt. 122.26(b)(14)(x) and (b)(15), respectively. X.02 FINDINGS The City of Lino Lakes finds that uncontrolled storm water 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 storm water 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 systems; 1 DRAFT 4 -28 -2010 (2) Diminish the capacity of lakes and streams to support fish, aquatic life, and recreational and water supply uses by increasing pollutant loadings of total 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. X.03 PURPOSE The general purpose of this ordinance is to set forth regulatory requirements for land development and land disturbing activities aimed at minimizing threats to public health, safety, public and private property, and natural resources within the City from construction site erosion and post - construction storm water runoff. Specific purposes are to establish performance standards that will: (1) Protect life and property from dangers associated with flooding; (2) Protect public and private property and the natural resources from damage resulting from runoff and construction site erosion; (3) Ensure land development that minimizes the generation of storm water runoff volumes and peak rates and maximizes pervious areas for storm water treatment; (4) Promote regional storm water management by subwatershed; (5) Provide a single, consistent set of performance standards that apply to all developments; (6) Protect water quality from nutrients, heavy metals, bacteria, pathogens, debris, thermal stress, and other urban pollutants; (7) Promote infiltration and groundwater recharge; (8) Protect functional values of all types of natural water bodies (e.g., rivers, streams, wetlands, lakes, seasonal ponds); and 2 • • DRAFT 4 -28 -2010 (9) Sustain or enhance biodiversity (native plant and animal habitat) and support riparian • ecosystems. • X.04 APPLICABILITY This Ordinance requires that a Storm Water Management Permit or an Erosion Control Permit be completed and submitted for review and approval by the City of Lino Lakes. Applicants will complete either a SWPPP or an ESC, but not both, as described in Sections (1) and (2). (1) Storm Water Management - A Storm Water Management Permit, including a Storm Water Pollution Plan (SWPPP), shall be required for all proposed land development activity, unless otherwise exempted in this ordinance, which meets any or all of the following: (a) Any land development activity that may ultimately disturb1.0 acre or greater of land, including smaller individual sites that are part of a common plan of development that may be constructed at different times; and /or single - family residential development or redevelopment for a site 5.0 acres or greater; and/or (b) Creation of more than 10,000 sq. ft. of impervious surface, including smaller individual sites that are part of a common plan of development that may be constructed at different times; and /or (c) The site is within the 100 -year floodplain; within 1,000 feet of a public water or protected wetland; impacts a wetland; and/or within 300 feet of Rice Creek, Clearwater Creek, Hardwood Creek, or a public ditch; and /or (d) If redevelopment will disturb fifty percent or more of existing impervious surface or increase impervious surface by fifty percent or more; and/or (e) Any land development activity, regardless of size, that the City determines would otherwise cause an adverse impact to an environmentally sensitive area or other property. (2) Erosion and Sediment Control - An Erosion and Sediment Control (ESC) Permit including an Erosion and Sediment Control Plan shall be required for all proposed land disturbing activity unless otherwise exempted in this ordinance that meets any or all of the following: (a) Includes excavation, filling, or stockpiling of erodible material in excess of 50 cubic yards; and /or (b) Disturbs a total land surface area of 5,000 square feet or more; and /or 3 DRAFT 4 -28 -2010 (c) Involves the laying, repairing, replacing, or enlarging of an underground utility, pipe or other facility, or the disturbance of road ditch, grass swale, or other open channel for a distance of 500 feet or more; or (d) Is a land disturbing activity, regardless of size, that the community determines is likely to cause an adverse impact to an environmentally sensitive area or other property, or may violate any other erosion and sediment control standard set forth in this ordinance. (3) All land disturbance which does not meet the thresholds established above shall be subject to standard erosion control BMPs. X.05 DEFINITIONS Definitions - Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. As used in this ordinance, the following words and terms shall have the meanings ascribed to them in this Section (Appendix I of the Construction Permit). (1) "Best Management Practices (BMPs)" means erosion prevention and sediment control, and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction- phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area -wide planning agencies. Individual BMPs found in this permit are described in the current version of Protecting Water Quality in Urban Areas, Minnesota Pollution Control Agency 2000. BMPs must be adapted to the site and can be adopted from other sources. However, they must be similar in purpose and at least as effective and stringent as the MPCA's BMPs. (Other sources include manufacturers specifications; Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency 1992; and Erosion Control Design Manual, Minnesota Department of Transportation, et al, 1993). (2) "Construction Activity" includes construction activity as defined in 40 C.F.R. pt. 122.26(b)(14)(x) and small construction activity as defined in 40 C.F.R. pt. 122.26(b)(15). This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non - vegetative), or the existing soil topography that may result in accelerated storm water runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling, and excavating. Construction activity includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more. 4 • • 1 • • DRAFT 4 -28 -2010 (3) c vateting" means the removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and /or solidify a construction site. It may require Minnesota DNR permits to be appropriated and if contaminated may require other MPCA permits to be discharged. (4) "Erosion Prevention" means measures employed to prevent erosion including, but not limited to, soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. (5) "Final Stabilization" means that all soil disturbing activities at the site have been completed and all soils have be stabilized by a uniform perennial vegetative cover with a density of 70% over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions. (6) means the party who signs the construction contract with the owner or operator to construct the project described in the final plans and specifications. Where the construction project involves more than one contractor, the general contractor could be the party responsible for managing the project on behalf of the owner or operator. In some cases, the owner or operator may be the general contractor. In these cases, the owner may contract an individual as the operator who would become the co- permittee. (7) "Impervious Surface" means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. (8) "National Pollutant Discharge Elimination System (NPDES)" means the program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. (9) -- means notice to terminate coverage under this permit after construction is complete, the site has undergone final stabilization, and maintenance agreements for all permanent facilities have been established, in accordance with all applicable conditions of this permit. (10) "Owner" means 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. (11) "Peiinanent Cover" means surface types that will prevent soil failure under erosive conditions. Examples include gravel, asphalt, concrete, riprap, roof tops, perennial cover, or other landscaped material that will permanently arrest soil erosion. A uniform perennial vegetative cover (i.e., evenly distributed, without large bare areas) with a density of seventy percent of the native background vegetative cover for the area must be established on all 5 DRAFT 4 -28 -2010 unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures. Permanent cover does not include the practices listed under temporary stabilization. (12) "Permittee" means a person or persons, firm, or governmental agency or other institution that signs the application submitted to the MPCA and is responsible for compliance with the terms and conditions of this permit. (13) "Saturated Soil" means the highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. Saturated soil is evidenced by the presence of redoximorphic features or other information. (14) "Sediment Control" means 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. (15) "Small Construction Activity" means small construction activity as defined in 40 C.F.R. part 122.26(b)(15). Small construction activities include clearing, grading, and excavating that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity includes 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 and less than five acres. (16) "Stabilized" means 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. (17) "Standard Plates" means general drawings having or showing similar characteristics or qualities that are representative of a construction activity or practice. (18) "Storm Water" is defined under Minn R. 7077.0105, subp. 41(b) and includes precipitation runoff, storm water runoff, snowmelt runoff, and any other surface runoff and drainage. (19) "Storm Water Pollution Prevention Plan" means a plan for storm water discharge that includes erosion prevention measures, sediment controls and Permanent Storm Water Management Systems that, when implemented, will decrease soil erosion on a parcel of land and decrease off -site nonpoint pollution. (20) "Surface Water or Waters" means all streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. 6 • • • DRAFT 4 -28 -2010 (21) "Temporary Erosion Protection" means methods employed to prevent erosion. Examples of temporary cover include straw, wood fiber blanket, wood chips, and erosion netting. (22) "Underground Waters" means 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. (23) "Waters of the State" (as defined in Minn. Stat. §115.01, subd. 22) means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. (24) "Wetland" or "Wetlands" is defined in Minn. R. 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes: (a) A predominance of hydric soils; (b) Inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and (c) Under normal circumstances support a prevalence of such vegetation. X.06 EXEMPTIONS The following land disturbing activities will be exempt from the Erosion and Sediment Control and Storm Water Management Permit requirements of this Ordinance: (a) Cemetery graves. (b) Routine agricultural activity such as tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops. (c) Federal, State, County, or City agency project whose plans and specifications meet the requirements of the Ordinance and are reviewed and approved by the City under a separate process. 40 (d) Emergency work necessary to protect life, limb, or property. 7 DRAFT 4 -28 -2010 X.07 INCORPORATION BY REFERENCE The following documents are incorporated into this chapter by reference: (1) The Lino Lakes Surface Water Management Plan. (2) The Lino Lakes Engineering Design Standards. (3) The Lino Lakes Stormwater Standards. (4) The current version of the State of Minnesota Stormwater Manual. (5) Rice Creek Watershed District Rules A and C through L, and Resources Management Plans (RMP) RMP -2 and RMP -3. (6) Vadnais Lake Area Water Management Organization Policies 1.0 through 10.0. X.08 STORM WATER AND EROSION AND SEDIMENT CONTROL STANDARDS All plans shall be consistent with National Pollutant Discharge Elimination Permit (NPDES) requirements, the Lino Lakes Engineering Design Standards, the Lino Lakes Storm Water 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 Transportation, U.S. Army Corps of Engineers, or other regulatory agencies. (1) Storm Water Criteria - Site plans for new development of any kind will be assessed for storm water quantity control and storm water quality management. The general policy on storm water runoff rates is to reduce the impacts of development by maintaining predevelopment hydrological conditions in the following ways: (a) Decrease runoff volume. (b) Decrease erosion and sedimentation. (c) Decrease flow frequency, duration, and peak runoff rates. (d) Increase infiltration (groundwater recharge) or filtration. (e) Maintain existing flow patterns. (f) Reduce time to peak flows by increasing the time of concentration to and through storm sewers. 8 • • • DRAFT 4 -28 -2010 • (g) Storage of storm water runoff on site. • • (h) Avoid channel erosion. (2) Erosion and Sediment Control Criteria - Site plans for new development of any kind will be assessed for erosion and sediment control. (a) Pollution prevention by minimizing disturbance of natural soil cover and vegetation, and minimizing, in area and duration, exposed soil and unstable soil conditions. (b) Using sediment barriers to protect soil stockpiles, receiving water bodies, wetlands, storm sewer inlets, and adjacent properties from sediment deposition. (c) Minimize off -site sediment transport on trucks and equipment. (d) Minimize work in and adjacent to water bodies and wetlands. (e) Maintain stable slopes. (f) Avoid steep slopes and the need for high cuts and fills (no slopes greater than 3(h):1(v), except as approved by the City engineer). (g) Minimize disturbance to the surrounding soils, root systems and trunks of trees adjacent to site activity that are intended to be left standing. (h) Minimize the compaction of site soils. (i) Using and maintaining temporary and permanent soil stabilization. (3) SWPPP Requirements - The minimum information requirements of the SWPPP shall be consistent with the most recent version of the NPDES Permit requirements including all the following information: (a) Project name and type (residential, commercial, industrial, road construction, or other); (b) Project location; (c) County parcel identification number (legal description); (d) 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; 9 DRAFT 4 -28 -2010 (e) Estimated start date, time frames, and schedules for each construction phase, and completion date; (f) Copies of permits or permit applications required by any other governmental entity or agencies including mitigation measures required as a result of any review for the project (e.g., wetland mitigation, EAW, EIS, archaeology survey); (g) An existing site map and calculations, signed by a certified professional drawn to a legible scale and clearly labeled with a north arrow and date of preparation. In addition, the following information is required at a minimum; 1. Property lines and lot dimensions. 2. Existing zoning classifications for land within and abutting the development, including shoreland, floodway, flood 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. Identify all natural and artificial water features (e.g., storm water ponds, drain tiles) on site and within one -half mile of the project boundary, including, but not limited to lakes, ponds, streams (including intermittent streams), wetlands, and ditches. Show ordinary high water marks of all navigable waters, 100 -year flood 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 that receive runoff from the project within one mile of the project. 7. Map of watershed drainage areas. 8. Map of soil types, infiltration rates, depth to bedrock, and depth to seasonal high water table. 9. Steep slopes where areas of twelve percent or more existing over a distance for 50 feet or more. 10. Bluff areas as defined in the Shoreland Ordinance or general development standards, whichever is applicable. 11. Wooded areas and/or provide a tree survey as defined by the community. 10 • • • DRAFT 4 -28 -2010 12. Agricultural land preservation area(s), County Biological Survey sites, or other officially designated natural resource areas. 13. Bankfull discharge rate of creek, stream, or river if there is a water course on the site or if the site discharges directly to the water course. 14. Hydrologic calculations for total runoff volume and peak discharge rates by subwatershed for the 2.0 -yr 24 -hour storm event, 10 -yr 24 -hour storm event, and 100 -yr 24 -hour storm event or the 100 -year 10 -day snowmelt, whichever is greater. These shall include: a. Assumed runoff curve numbers. b. Time of concentration used in calculations. c. Pre - existing total runoff volume and peak discharge rates. d. If a flood insurance study has been done by the National Flood Insurance Program, the 100 -year flood elevation with and without the floodway. • (h) Construction and Post - Construction Conditions; • 1. Maps identifying areas discussed in (g)1 through (g)13 above. 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. Hydrologic calculations for total runoff volume and peak discharge rates by subwatershed for the 2.0 -yr 24 -hour storm event, 10 -yr 24 -hour storm event, and 100 -yr 24 -hour storm event or the 100 -year 10 -day snowmelt, whichever is greater. These shall include: a. Assumed runoff curve numbers. b. Time of concentration used in calculations. c. Total amount of new impervious surfaces created by the project. 11 DRAFT 4 -28 -2010 d. Post - construction total runoff volume and peak discharge rates with no detention. e. Post - construction total runoff volume and peak discharge rates with detention. 5. If a flood insurance study has been done by the National Flood Insurance Program, the 100 -year flood elevation with and without the floodway, flood fringe, and /or general flood boundary, if available. 6. Locations of all storm water management practices, infiltration areas, and areas not to be disturbed during construction. 7. Drain tiles on the project site shall be identified and rendered inoperable. 8. Location and engineered designs for structural storm water management practices including storm water treatment devices that remove oil and floatable material (e.g., basin outlets with submerged entrances). 9. Normal water level, high water level, and emergency overflow elevations for the site and all ponding systems. 10. 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. 11. Location and type of all temporary and permanent erosion prevention, sediment control, storm water 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 BMPs used on the project must be included in the final plans and specifications for the project. Location and design of temporary sediment basins where 10 acres or more (5 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 take equivalent measures such as smaller basins, check dams, and vegetated buffer strips. 12. An estimate of the quantities tabulation must be included for all erosion prevention and sediment control BMPs in the SWPPP. 13. Methods to be used for final stabilization of all exposed soil areas. 12 • DRAFT 4 -28 -2010 • (i) All proposed storm water practices, hydrologic models, and design methodologies shall be reviewed by the community and certified for compliance by the community in accordance with their plans and specifications. (j) A long -term maintenance plan and schedule for all permanent storm water practices, along with the identity of the party responsible for the maintenance of the proj ect. (k) A snow management plan identifying where and how snow will be stored/removed in order to protect storm water facilities and BMPs. (4) ESC Plan Requirements - The minimum requirements of the ESC Plan shall be consistent with the most recent version of the NPDES Permit requirements including: (a) Project name and type (residential, commercial, industrial, road construction, or other); (b) Project location; (c) County parcel identification number (legal description); (d) 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; • (e) Estimated start date, time frames, and schedules for each construction phase, and completion date; (f) Copies of permits or permit applications required by any other governmental entity or agencies including mitigation measures required as a result of any review for the project (e.g., wetland mitigation, EAW, EIS, archaeology survey); (g) An existing site map and calculations, drawn to a legible scale and clearly labeled with a north arrow and date of preparation. In addition, the following information is required at a minimum: 1. An 8.5 by 11 inch United States Geological Survey (USGS) 7.5 minute quad, aerial photo, or equivalent map indicating site boundaries and existing elevations. 2. Property lines and lot dimensions. 3. Existing zoning classifications for land within and abutting the development, including shoreland, floodway, flood fringe, or general floodplain, and other natural resource overlay districts. 13 DRAFT 4 -28 -2010 4. All buildings and outdoor uses including all dimensions and setbacks. 5. All public and private roads, interior roads, driveways and parking lots. 6. Identify all natural and artificial water features (e.g., storm water ponds, drain tiles) on site and within one -half mile of the project boundary, including, but not limited to lakes, ponds, streams (including intermittent streams), wetlands, and ditches. Show ordinary high water marks of all navigable waters, 100 -year flood 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. 7. Identify all special waters and impaired waters as identified in the most recent listing by the MPCA that receive runoff from the project within one mile of the project. 8. Location of drainage areas. 9. Steep slopes where areas of twelve percent or more existing over a distance for 50 feet or more. 10. Bluff areas as defined in the Shoreland Ordinance or general development standards, whichever is applicable. 11. Wooded areas and/or tree survey as defined by the community. 12. Agricultural land preservation area(s), County Biological Survey sites, high quality native plant communities protected under the Model Community's Natural Resource Design Standards, or other officially designated natural resource areas. (h) Construction and Post - Construction Conditions 1. Maps identifying areas discussed in (g)1 through (g)12 above. 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. If a flood insurance study has been done by the National Flood Insurance Program, the 100 -year flood elevation with and without the floodway, flood fringe, and /or general flood boundary, if available. 14 • • • DRAFT 4 -28 -2010 5. Locations of all storm water management practices, infiltration areas, and • areas not to be disturbed during construction. 6. Normal water level, high water level, and emergency overflow elevations for the site and all associated ponding systems. 7. For discharges to cold water resources, a description and plans to control temperature from storm water runoff. 8. 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. 9. Location and type of all temporary and permanent erosion prevention, sediment control, storm water runoff, and soil stabilization BMPs, along with procedures to be used to establish additional temporary BMPs as necessary for the site conditions during construction. 10. Methods to be used for final stabilization of all exposed soil areas. • 11. Designate a leak -proof or imperviously lined concrete washout area. • 12. Managing site waste of all unused building materials by properly disposing of wastes off site and not allowing wastes to be carried by runoff into a receiving channel or storm sewer system. 13. Sediment control measures must be in place before any land disturbing activity begins, and measures must remain in place and functional until the site is permanently stabilized. 14. Streets shall be cleaned and swept within 24 hours whenever tracking of sediment occurs and before the sites are left idle for weekends and holidays. 15. All temporary erosion and sediment control measures, such as silt fence and inlet protection devices, shall be installed prior to any land disturbance activities and shall be removed within 30 days after permanent stabilization is attained. All storm sewer systems and drainage ways must be flushed and cleaned of sediment accumulation and all accumulated sediments must be removed and properly disposed of. 15 DRAFT 4 -28 -2010 (5) Drainage - Related Easements (a) If a storm water 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 ponding areas to the basin's 100 -year storm high water level elevation. (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 10 feet deep within private property, the easement shall be a minimum of 20 feet wide. If the storm sewer is 10 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. X.09 POLLUTION PREVENTION In addition to the following the applicant will comply with NPDES Permit for pollution prevention management measures. (1) Illegal Disposal (a) Discarded Materials - No person shall throw, deposit, place, leave, maintain, or keep or permit to be thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in the community, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. (b) Landscape Debris - No person shall intentionally dispose of grass, leaves, dirt, or other landscape debris into a water resource buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain, or any fabricated natural conveyance. (2) Illicit Discharges and Connections - No person shall intentionally convey or cause any non -storm water discharge to enter the community storm water system unless such discharge: (a) consists of non -storm water that is authorized by an NPDES point source permit obtained from the MPCA or (b) is associated with fire fighting activities. 16 • • • DRAFT 4 -28 -2010 (3) Good Housekeeping Provisions - Any owner or occupant of property within the City • shall comply with the following good housekeeping requirements: • • (a) Chemical or Septic Waste - No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or storm drain system may occur. This section shall apply to both actual and potential discharges. (b) For pools, water should be allowed to sit seven days to allow for chlorine to dissipate before discharge. If fungicides have been used, water must be tested and approved for discharge to the wastewater treatment plant. (c) Runoff Minimized - Runoff of water from residential property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provisions in community codes. (d) Storage of Materials, Machinery, and Equipment - Materials or equipment shall be stored to limit risk of contamination by runoff. Objects, such as motor vehicle parts, containing grease, oil, or other hazardous substances, and unsealed receptacles containing hazardous materials shall not be stored in areas susceptible to runoff Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills, or discharges. (e) Removal of Debris and Residue - Debris and residue shall be removed, as noted below: (f) Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which is located in an area susceptible to runoff, shall be removed as soon as possible and disposed of properly. Household hazardous waste may be disposed of through a community collection program or at any other appropriate disposal site and shall not be placed in a trash container. Fertilizer Regulations No person shall apply fertilizer to or deposit grass clippings, leaves, or other vegetative materials on impervious surfaces or within storm water drainage systems, natural drainage ways, or within wetland buffer areas. 17 DRAFT 4 -28 -2010 X.10 INSPECTIONS AND MAINTENANCE (1) Inspections and Enforcement - 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 storm water 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 storm water management. Mandatory inspections are required as follows: (a) Before any land disturbing activity begins; (b) At the time of footing inspections; (c) At the completion of the project; and (d) Prior to the release of financial securities. (2) Stop Work Orders and Assessing Fees - In cases where cooperation is withheld, construction stop work orders shall be issued by the City, until storm water and erosion and sediment control measures meet the requirements of this ordinance. An inspection must follow before work can commence. A charge as defined in the City's fee schedule will be assessed for any inspections by the City. (a) Construction Stop Order - The City may issue construction stop orders until storm water management measures meet specifications. A .second inspection must then be scheduled and passed before the final inspection will be done. (b) Perimeter Breach - If storm water and /or erosion and sediment control measures malfunction and breach the perimeter of the site, enter streets, other public areas, or waterbodies, the applicant shall immediately develop a cleanup and restoration plan, obtain the right -of -way from the adjoining property owner, and implement the cleanup and restoration plan within 48 hours of obtaining permission. If, in the discretion of the City, the applicant does not repair the damage caused by the storm water runoff the City can do the remedial work required and charge the cost to the applicant. (c) Actions to Ensure Compliance - The City can take the following action in the event of a failure by the applicant to meet the terms of this ordinance: 1. Withhold inspections or issuance of certificates or approvals. 2. Revoke any permit issued by the City to the applicant. 3. Conduct remedial or corrective action on the development site or adjacent site affected by the failure. 18 • • • • (3) • • DRAFT 4 -28 -2010 4. Charge the applicant for all costs associated with correcting the failure or remediating damage from the failure. If payment is not made within thirty (30) days, payment will be made from the applicant's financial securities. 5. Bring other actions against the applicant to recover costs of remediation or meeting the terms of this ordinance. 6. Any person, firm, or corporation failing to comply with or violating any of these regulations shall be prosecuted to the extent of the law. Each day that a separate violation exists shall constitute a separate offense. Post - Construction Inspection and Maintenance of Storm Water Facilities (a) Private Storm Water Facilities - No private storm water 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 storm water facilities shall be inspected annually and maintained in proper condition consistent with the performance standards for which they were originally designed. 1. Facility Access - Access to all storm water 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. 2. Removal of Settled Materials - All settled materials from ponds, sumps, grit chambers, and other devices, including settled solids, shall be removed and properly disposed of. 3. Inspection - All private storm water facilities must submit a record grading 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 Storm Water Facilities 1. Acceptance of Publicly Owned Facilities - Before work under the permit is deemed complete, the pelluiittee must submit as- builts and a maintenance plan demonstrating at the time of final stabilization that the storm water facilities conform to design specifications. A final inspection shall be required before the City accepts ownership of the storm water facilities. 2. Inventory of Storm Water Facilities - Upon adoption of this ordinance, the City shall inventory and maintain a database for all public storm water facilities within the City requiring maintenance to ensure compliance with this ordinance. 19 DRAFT 4 -28 -2010 3. Maintenance - The City shall perform maintenance of publicly owned storm water facilities within the City as provided for in the local surface water management plan. X.11 PLAN REVIEW PROCEDURE (1) Pre - Review - The City shall make a determination regarding the completeness of a permit application within fifteen (15) days of the receipt of the application and notify the applicant if the application is not complete. (2) Plan Review - The applicant shall not commence any construction activity subject to this ordinance until plan approval has been authorized by the City. A complete review of the plan application shall be done within fourteen (14) business days of receipt of a complete plan from the applicant. The City will work with the necessary state, county, and local agencies to complete the review. The following standards shall apply to all developments within the City: (3) Plan Authorization - If the City determines that the storm water and erosion and sediment control plan meets the requirements of this ordinance, 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. (4) Plan Denial - If the City determines that the plan does not meet the requirements of this ordinance, 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 authorized permit. (5) 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; or (c) The plan is not achieving the general objectives of minimizing pollutants in storm water discharges associated with construction activity; or (d) The plan is not consistent with the terms and conditions of this ordinance. 20 • • • DRAFT 4 -28 -2010 (6) Variance Requests - The City may grant a variance on a case -by -case basis. The content • of a variance is specified in Section 2, Subdivision 4 of the Lino Lakes City Code. X.12 FINANCIAL PROCEDURES AND ENFORCEMENT ACTIONS (1) Financial Securities - The applicant shall provide security for the performance of the work described and delineated on the approved permit and related remedial work in the amount established in the City's fee schedule. (2) Proportional Reduction of the Financial Security - When more than one -third of the applicant's maximum exposed soil area achieves final stabilization, the City can reduce the total required amount of the financial security by one - third. When more than two - thirds of the applicant's maximum exposed soil area achieves final stabilization, the City can reduce the total required amount of the financial security to two - thirds of the initial amount. This reduction in financial security will be determined the City staff. (3) Action Against the Financial Security - The City may access the financial security for remediation actions if any of the conditions listed below exist. The City shall use the security to finance remedial work undertaken by the City, or a private contractor under contract to the City, to reimburse the City for all direct costs incurred in the process of remedial work including, but not limited to, staff time and attorney's fees. • (a) Abandonment - The developer ceases land disturbing activities and /or filling and abandons the work site prior to completion of the grading plan. • (b) Failure to Implement the SWPPP, Storm Water Plan, or Erosion and Sediment Control Plan - The developer fails to conform to the Storm Water Plan, Erosion and Sediment Control Plan and /or the SWPPP as approved by the City. (c) Failure to Perform - The techniques utilized under the SWPPP fail within one year of installation. (d) Failure to Reimburse City - The developer fails to reimburse the City for corrective action. (4) Returning the Financial Security - The security deposited with the community for faithful performance of the SWPPP or the ESC Plan and any related remedial work shall be released one full year after the completion of the installation of all storm water pollution control measures as shown on the SWPPP or ESC Plan. (5) Emergency Action - If circumstances exist such that noncompliance with this ordinance poses an immediate danger to the public health, safety, and welfare, as determined by the community, the community may take emergency preventative action. The community shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the community may be recovered from the applicant's financial security. 21 DRAFT 4 -28 -2010 (6) Notification of Failure of the Permit - The community 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, forty - eight (48) hours after notification by the community or seventy -two (72) hours after the failure of erosion and sediment control measures, whichever is less, the community 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 community has been unable to establish contact, the community may proceed with corrective work. There are conditions when time is of the essence in controlling erosion. During such a condition the community may take immediate action and then notify the applicant as soon as possible. (b) Erosion Off Site - If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain the right -of -entry from the adjoining property owner, and implement the cleanup and restoration plan within forty - eight (48) hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the community, may more than seven (7) calendar days go by without corrective action being taken. If, in the discretion of the community, the permit holder does not repair the damage caused by the erosion, the community may do the remedial work required. When restoration to wetlands and other resources are required, the applicant should be required to work with the appropriate agency to ensure that the work is done properly. (c) Erosion Into Streets, Wetlands, or Water Bodies - If eroded 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. (d) Failure to do Corrective Work - When an applicant fails to conform to any provision of this policy within the time stipulated, the community 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 community to the applicant for the site in question or any other of the applicant's sites with in the community's jurisdiction. 3. Correct the deficiency or hire a contractor to correct the deficiency. 4. Require reimbursement to the community for all costs incurred in correcting storm water pollution control deficiencies. If payment is not made 22 • • • DRAFT 4 -28 -2010 within thirty (30) days after costs are incurred by the community, 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 community 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 community, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of Minnesota Statute 429.081 to challenge the amount or validity of assessment. (e) Enforcement - The City shall be responsible for enforcing this ordinance. (f) • • Penalties - Any person, firm, or corporation failing to comply with or violating any of these regulations shall be deemed guilty and prosecuted by law. 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. Right -of -Entry and Inspection 1. 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: a. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys. b. Bring such equipment upon the permitted site as is necessary to conduct such surveys and investigations. c. 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. d. Inspect the storm water pollution control measures. e. Sample and monitor any items or activities pertaining to storm water pollution control measures. f Correcting deficiencies in storm water and erosion and sediment control measures. 23 DRAFT 4 -28 -2010 (g) Severability - The provisions of this ordinance are severable, and if any provisions of this ordinance or application of any provision of this ordinance to any circumstance are held invalid, the application of such provision to other circumstances and the remainder of this ordinance must not be affected thereby. (h) Other Controls - 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. • • •