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HomeMy WebLinkAbout01/25/2011 Env Bd Packet• • • City of Lino Lakes Environmental Board Meeting January 25, 2011 6:30 p.m. AGENDA 1. Call to Order 2. Approval of Minutes December 15, 2010 3. Approval of Agenda 4. Open Mike 5. Action Items A. Stoini Water Ordinance Review and Comments 6. Discussion Items A. Goals Schedule B. Community Garden Schedule C. Peltier Island /Herons Meeting Discussion. 7. Adjourn • • • ENVIRONMENTAL BOARD MEETING December 10, 2010 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT 1. 2. CITY OF LINO LAKES : December 15, 2010 . 6:34 P.M. . 7:35 P.M. : Mary Jo O'Dea, Barbara Bor, Paula Andrzejewski, Martha DeHaven, Steve Heiskary and Theresa Klaman : Peter Brown : Environmental Coordinator Marty Asleson CALL TO ORDER Ms. O'Dea called the meeting to order at 6:35 p.m. APPROVAL OF MINUTES October 27, 2010 Minutes — Change minutes to reflect the order they were presented, not the order of the agenda. Ms. Andrzejewski made a motion to approve the October 27, 2010 minutes. Ms. Klaman seconded the motion to approve the minutes. Motion carried unanimously 3. APPROVAL OF AGENDA Amend Agenda to reflect the following additional items: F. Community Gardens Update G. Solid Waste Update Ms. Heiskary made a motion to approve the agenda. Ms. Andrzejewski seconded the motion to approve the agenda. Motion carried unanimously 4. OPEN MIKE Open mike closed at 6:38 p.m. 5. ACTION ITEMS A. Environmental Board Goals 201 1 DRAFT MINUTES 1 ENVIRONMENTAL BOARD MEETING December 10, 2010 Add work with Centennial School District with focus on ECFE under first bullet point. Add Offer Build Your Own Rain Barrel Workshop under second bullet point. Move last bullet point regarding conservation workshops to second bullet point. Delete second paragraph under bullet point five. Change out investigate and from the beginning of bullet point eight. Change bullet point twelve to read Monitor comp plan approval process and any new environmental impacts. Add bullet point thirteen to read: Update current water management plan. Mr. Heiskary made a motion approve the 2011 Environmental Board Goals with changes. Ms. Andrzejewski seconded the motion to approve the goals. Motion carried unanimously. 6. DISCUSSION ITEM A. Peltier Lake Heron Colony Update Mr. Asleson reported the new signs for Peltier Island were installed in October. The next step for the island is to take a look at the trees and flashing. Ms. O'Dea stated would be a good job for an Eagle Scout or Girl Scout. Ms. Bor will choose a couple of dates and email those out to schedule a meeting in February. Ms. Andrzejewski questioned Chestnut tree replanting on the island. Mr. Asleson stated about 85% of the Chestnuts look immature. He stated if we are able to get 6 trees out of them that would be great. B. Emerald Ash Borer /Planting Diversity /Community Forest Bonding Grant Mr. Asleson submitted a grant application to the Minnesota Department of Natural Resources (DNR) to plant trees to create more forest diversity in the City of Lino Lakes. He stated they would like to plant the trees in parks, neighborhoods, on boulevards, etc. Mr. Asleson stated he should know by the 17`h of December if we have received the grant. DRAFT MINUTES 2 ENVIRONMENTAL BOARD MEETING December 10, 2010 • Mr. Asleson stated we should be able to replace existing ash trees and take some economic burden off the City. • Ms. O'Dea asked if there will be other grant opportunities. Mr. Asleson stated there could be. This particular grant is a bonding grant. C. Wollan's Park Wetland Bank Update Mr. Asleson stated the mid -point of the application process and been reached and the City is close to submitting the management plan to the State of Minnesota. Mr. Asleson stated it won't be hard to prove the Wollan's Park area is an Exceptional Natural Resource Value Area. The hydrology is intact there. We are looking for 25 -50% credit on the 17 acres. He stated the City would like to start working there in January. However, the snow may keep the property inaccessible. Ms. Bor questioned who the landowner of Wollan's Park is. Mr. Asleson stated the City of Lino Lakes. D. Blue Star Award Mr. Asleson stated the City applied for and will receive the Blue Star Award. It is for communities that show exceptional leadership in Surface Water Management issues. He stated it is because rules the City follows, the Resource Management Plan and changes the Environmental Board has made over the years has contributed to this. E. Approve 2011 meeting Schedule The 2011 Environmental Board meeting schedule has been approved with one change in January. Meeting date the 25th instead of the 26th. F. Community Gardens Mr. Asleson stated this is a goal we would like to work toward. Ms. Bor stated there are many more people receiving food stamps than previous years. The community garden is in an opportunity to engage people in a new way, share their expertise and community organizations. The proposed site is next to the American Legion on Lake Drive. Ms. Bor stated she would like to see energy put back on this project. Mr. Asleson stated we can improve the soil at the proposed site with compost. The gardeners will help spread it and the City will come in with a tractor. DRAFT MINUTES 3 ENVIRONMENTAL BOARD MEETING December 10, 2010 Mary Alice Divine, Economic Development has applied for a grant from Anoka County SHIP to support our Community Garden. If we receive this grant, it would help the project move forward. During the Planning & Zoning Board meeting of November 10, 2010, the board felt comfortable making a community garden allowable in this zoning district as a permitted use. Our Saviors Lutheran Church may be a contact as they are looking for additional plots for a garden. It was stated that residents who have show interested in the community garden could be invited to the next environmental board meeting. G Solid Waste Update It was stated the next City of Lino Lakes Recycle Day will be May 7 Mr. Asleson stated lets think about other ways to recycle. Send flyers to schools for kids to take home before recycle day. 7. ADJOURN It was noted that the next meeting of the Environmental Board will be on Tuesday, January 25, 2011 at 6:30 p.m. There being no further business, Ms. DeHaven moved to adjourn at 7:40 p.m. Ms. Bor seconded the motion. Motion carried unanimously. Transcribed by: Lisa Hogstad Community Development Secretary DRAFT MINUTES 4 • Agenda Item 5B Staff Originator: Marty Asleson Environmental Board Meeting Date: January 25, 2011 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 • sites, 4. 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 411 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. The Environmental Board Initially reviewed a draft stormwater ordinance on April 28, 2010. Since that time it was decided to separate the Illicit Discharge portion of the ordinance into a separate ordinance. In addition, the original draft ordinance has gone through extensive reformatting after the illicit discharge portion of the ordinance was removed. . Analysis: Staff is asking for your suggestions and comments to this draft ordinance, and a Recommendation: Staff will review Environmental Board comments and suggestions and incorporate them into the document. Attachments: Draft Stormwater Ordinance • • • • • DRAFT 01 -19 -2011 Chapter 1011 STORMWATER AND EROSION AND SEDIMENT CONTROL Sections: 1011.01 Statutory Authorization 1011.02 Findings 1011.03 Purpose 1011.04 Definitions 1011.05 Applicability 1011.06 Exemptions 1011.07 Technical Reference 1011.08 Grading, Erosion and Sediment Control Requirements 1011.09 Stormwater Management Requirements 1011.10 Inspections and Maintenance 1011.11 Plan Review Procedure 1011.12 Financial Procedures 1011.13 Enforcement 1011.14 Severability 1011.15 Abrogation and Greater Restrictions 1011.01 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 stormwater 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. 1011.01 FINDINGS The City of Lino Lakes 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 systems; (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; Alternative Format 1 DRAFT 01 -19 -2011 (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. 1011.01 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 stormwater 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 stormwater runoff volumes and peak rates and maximizes 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 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 (9) Sustain or enhance biodiversity (native plant and animal habitat) and support riparian ecosystems. Alternative Format 2 • • • • DRAFT 01 -19 -2011 1011.04 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. 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, 2006) as amended. BETTER SITE DESIGN(BSD) - a set of development or redevelopment site - design principles and techniques that seek to mimic natural conditions by soaking water into the ground close to where it falls, minimizing impervious areas to reduce overall runoff volume, reducing connected impervious areas, and preserving natural drainage patterns and surfaces. BIOFILTRATION— A stormwater quality and quantity BMP that utilizes vegetation and soil to filer and absorb pollutants including nutrients, hydrocarbons and metals and remove water volume through evapotranspiration. • 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 stormwater 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. • 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. 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. 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. Alternative Format 3 DRAFT 01 -19 -2011 LANDDISTURBING 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. 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. 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. 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. 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 mottled features or other information. 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. 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. STANDARD PLATES - means general drawings having or showing similar characteristics or qualities that are representative of a construction activity or practice. STORMWATER - is defined under Minn. R. 7077.0105, sub. 41(b) and includes precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage. Alternative Format 4 • • • DRAFT 01 -19 -2011 0 STORMWATER POLLUTION PREVENTION PLAN - means a plan for stormwater discharge that includes erosion prevention measures, sediment controls and Permanent Stormwater Management Systems that, when implemented, will decrease soil erosion on a parcel of land and decrease off -site nonpoint pollution. • 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. 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. WATERS OF THE STATE - (as defined in Minn. Stat. §115.01, sub. 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. WATER QUANTITY BEST MANAGEMENT PRACTICE — the use of on -site runoff management practices such as biofiltration, infiltration, buffers /conservation areas, impervious disconnection, greenway connections to satisfy stormwater management requirements. WETLAND - area identified as wetland under Minnesota Statutes section 103G.005, subdivision 19. 1011.05 APPLICABILITY All land disturbing activity of any size shall be subject to standard erosion and sediment control BMPs. A Grading, Erosion and Sediment Control Permit and/or a Stormwater Management Permit shall be required for projects that meet or exceed the thresholds established in Sections 1011.08 and 1011.09. 1011.06 EXEMPTIONS The following land disturbing activities will be exempt from the Grading, Erosion and Sediment Control and Stormwater Management Permit requirements of this Ordinance: (1) Cemetery graves. (2) Routine agricultural activity such as tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops. i(3) Emergency work necessary to protect life, limb, or property. Alternative Format 5 DRAFT 01 -19 -2011 1011.07 TECHNICAL REFERENCE The following documents shall be used for technical reference: (1) The Lino Lakes Surface Water Management Plan. (2) The Lino Lakes Engineering Design Standards. (3) The Lino Lakes Stormwater Design Standards. 1011.08 GRADING, EROSION AND SEDIMENT CONTROL REQUIREMENTS (1) Grading, Erosion and Sediment Control - A Grading, Erosion and Sediment Control Permit including an Grading, 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 100 cubic yards per acre; and/or (b) 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 (c) Is a land 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 Requirements - 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. 2 plan sets, full size (22 inches by 34 inches); one plan set, reduced to maximum size of 11 inches by 17 inches. Additional copies may be required in accordance with applicable zoning and subdivision provisions of city code. 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 ESC Plan shall be consistent with the most recent version of the NPDES Permit requirements and include 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); Alternative Format 6 • • DRAFT 01 -19 -2011 • (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 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, Map shall identify all natural and artificial water features (e.g., stormwater 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. (h) Existing Conditions Map. An existing site map and calculations, 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, 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. 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. 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 pipes sizes, grades, rim and invert elevations and normal and high water elevations must be included. 8. Existing contours at two foot intervals shown as dashed lines for the subject property and extending 100 feet beyond the outside boundary of the proposed plat. Alternative Format 7 DRAFT 01 -19 -2011 9. Steep slopes where areas with an average slope of more than twelve percent over a distance of at least 50 feet, or bluff areas as defined in the Shoreland Ordinance whichever is applicable. 10. Wooded areas , high quality native plant communities, or other officially designated natural resource areas. (i) Proposed Conditions Map 1. Maps identifying areas discussed in (h)1 through (h)10 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. Proposed grade elevations at two 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 sub - surface 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. 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 Alternative Format 8 • • • • • DRAFT 01 -19 -2011 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 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. 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. (3) Grading, Erosion and Sediment Control Plan Design Standards Grading, Erosion and Sediment Control Plans must comply with the following criteria: (a) 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 Transportation, U.S. Army Corps of Engineers, State of Minnesota Stormwater Manual or other regulatory agencies. (b) Natural site topography and soil conditions must be specifically addressed to reduce erosion and sedimentation during construction and after project completion. (c) Site erosion and sediment control practices must be consistent with the Minnesota Pollution Control Agency document "Protecting Water Quality in Urban Areas" (1994), as amended, and City - specific written design guidance and be sufficient to retain sediment on -site. (d) The project must be phased as best possible to minimize disturbed areas and removal of existing vegetation until necessary for project progress. (e) 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. Alternative Format 9 DRAFT 01 -19 -2011 (f) The plan must include conditions adequate to protect facilities to be used for post - construction stormwater infiltration. (g) The plan must include conditions to minimize off -site sediment transport on trucks and equipment. (h) (i) The plan must minimize work in and adjacent to water bodies and wetlands. Stable slopes shall be maintained throughout the construction process. (j) Steep slopes and the need for high cuts and fills shall be avoided (no slopes greater than 3(h):1(v), except as approved by the City engineer). (k) 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. (1) Compaction of site soils shall be minimized. (m) Using and maintaining temporary and permanent soil stabilization. (n) All imported materials shall be approved by the City Engineer prior to placement on the site. (o) 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. (4) Construction Activity Requirements. Any activity subject to a permit under this ordinance must conform to the standards of the NPDES general permit regarding construction -site erosion and sediment control. (5) Final Stabilization. (a) Erosion and sediment control measures must be maintained until final vegetation and ground cover is established to a density of 70 %. (b) All temporary erosion and sediment control BMPs will be removed after all disturbed areas have been permanently stabilized. 1011.09 STORMWATER MANAGEMENT REQUIREMENTS (1) Stormwater Management - A Stormwater Management Permit shall be required for all proposed land development activity including public linear projects except for mill and overlay of public roadway, sidewalk, or trail that does not create additional impervious surface, or unless otherwise exempted in this ordinance, which meets any or all of the following: Alternative Format 10 • • DRAFT 01 -19 -2011 • (a) Creation of more than 10,000 sq. ft. (0.23 acre) of impervious surface, including smaller individual sites that are part of a common plan of development that may be constructed at different times. • • (b) 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. (c) If redevelopment will disturb fifty percent or more of existing impervious surface or increase impervious surface by fifty percent or more. For the purpose of this paragraph, the extent of disturbance is the area of exposure of underlying soils. (d) Any land disturbing activity, regardless of size, that the City determines would otherwise cause an adverse impact to an environmentally sensitive area or other property. (2) Stormwater Management Criteria - Site plans for new development of any kind will be assessed for stormwater quantity control and stormwater quality management. The general policy on stormwater 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. (g) Storage of stormwater runoff on site. (h) Avoid channel erosion. (i) The proposed project must not adversely affect water level off the site during or after construction. (3) Stormwater Management Plan Requirements — 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. 2 plan sets, full size (22 inches by 34 inches); one plan set, reduced to maximum size of 11 inches by 17 inches. Additional copies may be required in accordance with the applicable zoning and/or subdivision provisions of city code. Alternative Format 11 DRAFT 01 -19 -2011 The minimum information requirements of the Stormwater Management Plan shall be consistent with the most recent version of the NPDES Permit requirements and include the following information: (a) A Grading, Erosion and Sediment Control Plan and, for projects that require a NPDES permit, a Stormwater Pollution Prevention Plan. (b) 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. (c) Existing and Proposed hydrologic calculations for total runoff volume and peak discharge rates by subwatershed for the 2 -year 24 -hour frequency event, 10 -year 24 -hour frequency event, and 100 -yr 24 -hour frequency event or the 100 -year 10 -day snowmelt. These shall include: 1. Assumed runoff curve numbers. 2. Time of concentration used in calculations. 3. Pre - existing total runoff volume and peak discharge rates. 4. Configuration of all drainage areas. 5. Total amount of new impervious surfaces created by the project. 6. Post - construction total runoff volume and peak discharge rates with no detention. 7. Post - construction total runoff volume and peak discharge rates with detention. (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. (h) Layout of proposed streets showing centerline gradients, section widths and typical cross sections. Alternative Format 12 • • • DRAFT 01 -19 -2011 • (i) Geotechnical analysis including soil borings at all proposed stormwater management facility locations. • (j) Methods to be used for final stabilization of all exposed soil areas. (k) Narrative addressing incorporation of infiltration BMPs. (1) Completed City 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. (m) Date of plan preparation and dates of all revisions. (n) A long -term maintenance plan and schedule for all permanent stormwater practices, along with the identity of the party responsible for the maintenance of the project. (o) A snow management plan identifying where and how snow will be stored/removed in order to protect stormwater facilities and BMPs. (4) Stormwater Management Performance Standards. The applicant must meet the following stormwater performance standards. (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. (b) Minimize Impact to Natural Features. The development shall minimize impact to significant natural features. Applicant shall review the site for natural features protected under Lino Lakes, State or Federal requirements, including steep slopes, wetlands, wooded areas, endangered or threatened species, or species of concern 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, etc.) 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. (FROM DRAFT SI'I E LAYOUT PERFORMANCE STAND'\RDS) (d) Stormwater Basins. When a stormwater basin is necessary, regional siting is preferred when regional management would not divert supply away from a local recharge area or groundwater- dependent natural resource. In evaluating the appropriateness of peak flow and water quality management in an existing regional basin, the City will consider whether it Alternative Format 13 DRAFT 01 -19 -2011 previously approved the basin and whether the basin was designed for build -out of the site to the extent proposed. (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); and 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 Transportation, U.S. Army Corps of Engineers, State of Minnesota Stormwater Manual or other regulatory agencies. (5) Stormwater Management Plan Modeling Requirements. (a) A hydrograph method or computer program based on Natural Resources Conservation Service Technical Release #20 (TR -20) and subsequent guidance must be used to analyze stormwater runoff for the design or analysis of flows and water levels within and off the project site. Composite Curve Numbers shall not include directly connected impervious surfaces. (b) In determining Curve Numbers to model runoff in the post - development condition, the Hydrologic Soil Group (HSG) of areas within construction limits is to be shifted down one classification (or 1/2 classification for HSG A) to account for the impacts of grading on soil structure unless the project specifications incorporate soil amendments in accordance with Rice Creek Watershed District Soil Amendment Guidelines. (c) The 100 -year critical event analysis of flood levels, storage volumes, and flow rates for waterbodies and stormwater management basins must include both the 24 -hour rainfall and the 10 -day snowmelt events. The 10 -day snowmelt event is simulated by a 7.2 -inch, 10 -day spring runoff event during which it is assumed the ground is frozen solid and no infiltration occurs (CN set to 100 for all areas). 1. Alternative Format 14 • • • • • DRAFT 01 -19 -2011 (6) Water Quality And Volume Control. (a) Activity creating impervious surface shall address the use of Better Site Design (BSD) techniques as outlined in Chapter 4, "Minnesota Stormwater Manual" (MPCA, 2006 and subsequent revisions). Better Site Design involves techniques applied early in the 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. (b) Better Site Design principles will be incorporated and water quantity BMPs (as defined in this ordinance) must be incorporated to the following standards: 1. BMP volume must retain the one -year event by providing at least the volume equal to the runoff from a 2.3 -inch, 24 -hour storm over the tributary area within the site under proposed conditions. a. Infiltration BMPs (see City BMP standard plates and design criteria) are to be incorporated in areas with A & B hydrologic soil groups. Stormwater from impervious surfaces other than rooftops must be pretreated before discharge to infiltration BMPs, to remove sediment and floatables, or other materials that would restrict the BMP's capacity or contaminate ground water. b. In the following areas, the volume requirements shall be provided by bio- filtration features or two -cell wetland treatment systems (see City standard plates and design standards): (i) Areas of C or D hydrologic soil groups that cannot be routed by a gravity system to onsite A or B hydrologic soil groups; Areas with a groundwater table within three (3) feet of surface, or otherwise at an elevation that poses a threat of groundwater contamination or renders the infiltration BMP ineffective; (ii) Areas where soil contamination is present or land use history indicates a likely threat of soil contamination. (c) In addition to the BMPs required under (6)(b), volume control measures are required reducing runoff by at least the volume from 0.5- inches of rainfall over impervious surfaces on the site (0.5 -inch multiplied by impervious area). Volume reduction required under this paragraph may be achieved only by the following measures: Reestablishment of Effectively Drained Wetlands and Floodplain Meadows Upland Restoration/Conservation, Restoration of Degraded Wetlands, Impervious Disconnection, Soil Amendments /Tilling. Volume Reduction Measures Volume Calculation Reestablishment of Effectively Drained Wetlands and Floodplain Meadows 1.0" x surface area (ac) for floodplain meadows and seasonally flooded, scrub shrub, and forested wetlands Alternative Format 15 Where should we add requirements for pre treat ment /forebays. (JI\l TO ASK AT l`KDA) DRAFT 01 -19 -2011 (d) The proposed activity may not reduce hydraulic efficiency of the drainage -ways at any point upgradient of the applicant's parcel boundary. (e) The property owner must record a declaration, or a public owner execute a maintenance agreement, that prohibits plowed snow storage in a location from which runoff will be conveyed without adequate pretreatment (minimum of 25 feet of overland drainage on grassland or other rough vegetated surface to trap flow) or sheet flow directly into a wetland. This requirement does not apply to snow removed from public roadways. (f) Soil amendment, excavation or filling pursuant to development may not impede groundwater flow so as to create a substantial risk of loss of function to any wetland. (g) The runoff volume infiltration/detention standard of paragraph (b) is modified for public linear (roadway, sidewalk and trail) projects not part of an industrial, commercial, institutional or residential development. Public linear projects shall meet the requirements of the Rice Creek Watershed District (RCWD) or Vadnais Lakes Area Water Management Organization (VLAWMO) as applicable. (7) Peak Stormwater Runoff Control. Stormwater runoff rates for the proposed project at the site boundary, in aggregate, must not exceed existing runoff rates for the critical two -year and 100 -year frequency events. Any increase in a critical event rate at a specific point of discharge from the site must be limited and cause no adverse down gradient impact. The following curve numbers shall be utilized for existing condition modeling of those site areas not covered by impervious surface in the existing condition: Curve Numbers for Use with Existing Condition Pervious Areas 0.5" x surface area (ac) for fully vegetated Type 2 and 3 wetlands Upland Restoration/Conservation 0.85" x surface area (ac) Restoration of Degraded Wetlands 0.25" x surface area (ac) Impervious Disconnection Up to 0.5" x disconnected impervious area (ac) Soil Amendments /Tilling 0.3" x surface area amended (ac) (d) The proposed activity may not reduce hydraulic efficiency of the drainage -ways at any point upgradient of the applicant's parcel boundary. (e) The property owner must record a declaration, or a public owner execute a maintenance agreement, that prohibits plowed snow storage in a location from which runoff will be conveyed without adequate pretreatment (minimum of 25 feet of overland drainage on grassland or other rough vegetated surface to trap flow) or sheet flow directly into a wetland. This requirement does not apply to snow removed from public roadways. (f) Soil amendment, excavation or filling pursuant to development may not impede groundwater flow so as to create a substantial risk of loss of function to any wetland. (g) The runoff volume infiltration/detention standard of paragraph (b) is modified for public linear (roadway, sidewalk and trail) projects not part of an industrial, commercial, institutional or residential development. Public linear projects shall meet the requirements of the Rice Creek Watershed District (RCWD) or Vadnais Lakes Area Water Management Organization (VLAWMO) as applicable. (7) Peak Stormwater Runoff Control. Stormwater runoff rates for the proposed project at the site boundary, in aggregate, must not exceed existing runoff rates for the critical two -year and 100 -year frequency events. Any increase in a critical event rate at a specific point of discharge from the site must be limited and cause no adverse down gradient impact. The following curve numbers shall be utilized for existing condition modeling of those site areas not covered by impervious surface in the existing condition: Curve Numbers for Use with Existing Condition Pervious Areas Hydrologic Soil Group Runoff Curve Number* A 39 B 61 C 74 D 80 * Curve numbers from USDA -NRCS, Technical Release 55 (8) Design Criteria Alternative Format 16 JIM ASKING RCWD FOR CLARIFICATION • DRAFT 01 -19 -2011 (a) Infiltration BMPs must be designed to provide: 1. Adequate pretreatment measures before discharge of runoff to the primary infiltration area; 2. Drawdown within 48 -hours or 72 -hours from the end of a storm event, for surface or sub - surface features, respectively. Soil infiltration rates shall be based on the appropriate HSG classification and associated infiltration rates (see Table 1 in Appendix A). Infiltration area will be limited to the horizontal areas subject to prolonged wetting; and 3. A minimum of three feet of separation from the seasonal high water table. 4. Design and placement in accordance with the Minnesota Department of Health guidance called "Evaluating Proposed Stormwater Infiltration Projects in Vulnerable Wellhead Protection Areas." (Final version to govern.) (b) Permanent sedimentation and water quality ponds must be designed to provide: 1. Water quality features consistent with NURP criteria and City wet pond criteria; • 2. A permanent wet pool with dead storage at least equal to the runoff from a 2.5- inch rainfall over the area tributary to the pond; and • 3. An outlet structure capable of preventing migration of floating debris and oils for at least the one -year storm. (c) Detention basins must be designed to provide: 1. An outlet structure to control the 2 -year & 100 -year frequency events to existing peak runoff sites; and 2. An identified overflow spillway sufficiently stabilized to convey flows greater than the 100 -year critical storm event. (d) An outfall structure discharging to a wetland, public water or public water wetland must incorporate a stilling- basin, surge- basin, energy dissipater, placement of ungrouted natural rock riprap or other feature to minimize disturbance and erosion of natural shoreline and bed resulting from stormwater discharges. (e) 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 the following table: Local Alternative Format 17 DRAFT 01 -19 -2011 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 runout 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. JIM WILL REVIEW WITH RCWD (f) All stormwater management structures and facilities must be designed for maintenance access and properly maintained in perpetuity to assure that they continue to function as designed. (g) Before work under the permit is deemed complete, as- builts must be submitted demonstrating that at the time of final stabilization, stormwater facilities conform to design specifications. (9) 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 10 feet beyond 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. (10) Exceptions. Alternative Format 18 • • Regional Elevations Detention Basins & Wetlands Infiltration Basins Rain- gardens Ground Water Elevation 100yr EOF 100yr EOF Bottom 100yr EOF EOF Bottom Low Floor Freeboard 2 -ft 1 -ft 0 -ft NA 0 -ft NA NA NA 4 -ft Low Entry Freeboard NA NA 2 -ft 1 -ft NA 2 -ft 1 -ft 0.5 -ft NA 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 runout 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. JIM WILL REVIEW WITH RCWD (f) All stormwater management structures and facilities must be designed for maintenance access and properly maintained in perpetuity to assure that they continue to function as designed. (g) Before work under the permit is deemed complete, as- builts must be submitted demonstrating that at the time of final stabilization, stormwater facilities conform to design specifications. (9) 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 10 feet beyond 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. (10) Exceptions. Alternative Format 18 • • • • • DRAFT 01 -19 -2011 (a) Rate control criteria of section 1011.09 (7) may be waived if the site discharges directly to a water body with large storage capacity (such as a public water) that has a time -to- peak elevation greater than that for an on -site pond and the volume discharged from the on -site pond is negligible, relative to the volume of runoff entering the water body. 1011.10 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 (5) 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 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. 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. Alternative Format 19 DRAFT 01 -19 -2011 (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 ordinance. 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. 1011.11 PLAN REVIEW PROCEDURE (1) Plan Review. The applicant shall not commence any construction activity subject to this ordinance 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 Section 2 of the Zoning Ordinance or Section 1011.00 of City Code as applicable. 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: (2) 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 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. (3) 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 approved ESC or Stormwater Management permit. (4) 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 Alternative Format 20 • • • DRAFT 01 -19 -2011 • (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 stormwater discharges associated with construction activity; or (d) The plan is not consistent with the terms and conditions of this ordinance. 1011.12 FINANCIAL SECURITIES The applicant shall be subject to the financial security provisions of the City of Lino Lakes Development Agreement, Site Improvement Performance Agreement and/or the Lino Lakes Public Improvement Financing Policy, as applicable. 1011.13 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, forty-eight (48) hours after notification by the City or seventy -two (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 ordinance 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. (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. Alternative Format 21 DRAFT 01 -19 -2011 (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 policy 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 thirty (30) days after costs are incurred by 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 Minnesota Statute 429.081 to challenge the amount or validity of assessment. (2) Enforcement. The City shall be responsible for enforcing this ordinance. (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) 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: 2. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys. Alternative Format 22 • • • DRAFT 01 -19 -2011 • 3. Bring such equipment upon the permitted site as is necessary to conduct such surveys and investigations. 4. 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. 5. Inspect the stormwater pollution control measures. 6. Sample and monitor any items or activities pertaining to stormwater pollution control measures. 7. Correcting deficiencies in stormwater and erosion and sediment control measures. 1011.14 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. 1011.15 ABROGATION AND GREATER RESTRICTIONS. 1111 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. • Alternative Format 23 DRAFT 01 -19 -2011 Appendix A Table 1 nfiltration Rate inches/hou A Gravel, sand, sandy gravel, silty gravel, loamy sand, sandy loam GW — Well- graded gravel or well - graded gravel with sand GP — Poorly graded gravel or poorly graded gravel with sand 1.6 GM — Silty gravel or silty gravel with sand SW — Well- graded sand or well - graded sand with gravel SP — Poorly graded sand or poorly graded sand with gravel 0.8 B Loam, silt loam SM — Silty sand or silty sand with gravel 0.6 ML — Silt OL — Organic silt or organic silt with sand or gravel or gravelly organic silt 0.3 C Sandy clay loam GC — Clayey gravel or clayey gravel with sand SC — Clayey sand or clayey sand with gravel 0.2 D Clay, clay loam, silty clay loam, sandy clay, silty clay CL — Lean clay or lean clay with sand or gravel or gravelly lean clay CH — Fat clay or fat clay with sand or gravel or gravelly fat clay OH — Organic clay or organic clay with sand or gravel or gravelly organic clay Mil — Elastic silt or elastic silt with sand or gravel < 0.2 Source: Minnesota Pollution Control Agency, Minnesota Stormwater Manual. Thirty guidance manuals and many other stormwater references were reviewed by the MPCA when it compiled the recommended infiltration rates. All of these sources use the following studies as the basis for their recommended infiltration rates: Rawls, Brakensiek and Saxton (1982); Rawls, Gimenez and Grossman (1998); Bouwer and Rice (1984); and Urban Hydrology for Small Watersheds (NRCS). The rates presented in this infiltration table use the information compiled from these sources as well as eight years of infiltration rates collected from various infiltration practices in the South Washington Watershed District. * U.S. Department of Agriculture, Natural Resources Conservation Service, 2005. National Soil Survey Handbook, title 430 -VI. (Online) Available: http: // soils .usda.gov /technical/handbook/. Alternative Format 24 • • •