HomeMy WebLinkAbout2011-009 Council Ordinances1St Reading: 3/ 1
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Council Member o ' Donnell moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 09-11
AN ORDINANCE REGULATING CONSTRUCTION SITE EROSION AND
SEDIMENT CONTROL AND POST -CONSTRUCTION STORMWATER
MANAGEMENT
The City Council of Lino Lakes ordains:
Section 1. Chapter 1011 of the City Code is hereby established as follows:
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;
(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.
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 (MPGA, 2000) and the Minnesota Stormwater
Manual (MPGA, 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.
BIOFIL TRA TION — 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 ifpart of a larger
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common plan of development or sale 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.
FIL TRA TION - 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 STABILIZA TION - 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.
LAND DISTURBING ACTIVITY - any disturbance to the ground surface that,
through the action of wind or water, may result in soil erosion or the movement of
sediment into waters, wetlands or storm sewers or onto adjacent property. Land -
disturbing activity includes but is not limited to the demolition of a structure or surface,
soil stripping, clearing, grubbing, grading, excavating, filling and the storage of soil or
earth materials. The term does not include normal farming practices as part of an ongoing
farming operation.
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.
STORMWATER FACILITY, PRI VA TE — means any BMP that is maintained by a
private property owner, or other private entity and not maintained by a public agency.
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.
(3) Emergency work necessary to protect life, limb, or property.
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);
(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
proj ect.
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.
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 including conservation
easements, if applicable.
11. Show the boundary of the 100 year flood elevations of all waterbodies.
12. Locations of all stormwater management practices, infiltration areas, and
areas not to be disturbed during construction.
13. Normal water level, high water level, and emergency overflow elevations
for the site and all associated ponding systems.
14. Location of areas where construction will be phased to minimize duration
of exposed soil areas. Include map and calculations as necessary of areas of grubbing,
clearing, tree removal, grading, excavation, fill, and other disturbance; areas of soil or
earth material storage; quantities of soil or earth material to be removed, placed, stored,
or otherwise moved on site, and delineated limits of disturbance.
15. Location and type of all temporary and permanent erosion prevention,
sediment control, stormwater runoff, and soil stabilization BMPs, along with procedures
to be used to establish additional temporary BMPs as necessary for the site conditions
during construction. Standard plates and/or specifications for the BMP's used on the
project must be included in the final plans and specifications for the project. Location and
design of temporary sediment basins where 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 (MPGA), 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.
(fl 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) The plan must minimize work in and adjacent to water bodies and
wetlands.
(i) 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:
(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. 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:
detention.
detention.
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
7. Post -construction total runoff volume and peak discharge rates with
(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.
(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.
(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 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'/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).
(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
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
(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.
(0 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
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.
(0 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
(a) Infiltration BMPs must be designed to provide:
1. Adequate pretreatment/sediment fore bays shall be provided before
discharge of runoff to the primary infiltration area(s) or pond inlet(s) to capture sediment
for ease of maintenance activity;
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."
(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
Detention
Regional
Basins &
Rain-
Ground
Elevations
Wetlands
Infiltration Basins
gardens
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.
(0 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.
(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 by the owner and maintained in proper condition
consistent with the performance standards for which they were originally designed.
1. Facility Access. Access to all stormwater facilities must be inspected
annually and maintained as necessary. It shall be the responsibility of the applicant to
obtain any necessary easements or other property interests to allow access to the facilities
for inspection or maintenance for both the responsible party and the City.
2. Maintenance. All settled materials from ponds, sumps, grit chambers, and
other devices, including settled solids, shall be removed and properly disposed of once
capacity is reduced by 30%.
3. Inspection. All private stormwater facilities must submit an as -built
record plan of the facility and must provide documentation to the City of an inspection
during construction, during the first year of operation, and at least once every five years
thereafter. Private facilities are subject to City inspection at any time to ensure
.
compliance.
(b) Public Stormwater Facilities
1. Acceptance of Publicly Owned Facilities Before work under the permit is
deemed complete, as-builts and certification must be submitted demonstrating at the time
of final stabilization that the stormwater facilities conform to design specifications. A
final inspection shall be required before the City accepts ownership of the stormwater
facilities.
2. Inventory of Stormwater Facilities. The City shall inventory and maintain
a database for all public stormwater facilities within the City requiring maintenance to
ensure compliance with this 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
(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.
(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.
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.
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.
..............
Appendix A
Table 1
...............
•
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
MH — 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 (MRCS). 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/.
** ASTM standard D2487-00
Section 2. Effective Date
This ordinance shall be in force and effect from and a - pass
publication according to the Lino Lakes City Charter.
Jeff Re'. ert, aor
Att- t: ulianne Barte 1 C1 Clerk
Y
Adopted by the Lino Lakes City Council this 2g 4" day of A ri . , 2011.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Roeser and upon a vote being taken thereon, the following voted in favor
thereof:
Rafferty, Roeser, O'Donnell, Reinert
The following voted against same:
None.(absent - Gallup)
Whereupon said orinance was declared duly p
assed and adopted.
AGENDA ITEM 6.B.i
STAFF ORIGINATOR: Marty Asleson; Jim Studenski
MEETING DATE: March 28, 2011
TOPIC: Second Reading of Ordinance No. 09-11 Establishing
City Code Section 1011 Regulating Construction Site
Erosion and Sediment Control and Post Construction
Stormwater Management.
VOTE REQUIRED: 3/5
BACKGROUND
In 2003, as part of the National Pollutant Discharge Elimination System (NPDES)
program required by the federal Clean Water Act, most cities, including Lino
Lakes, were required to obtain a Municipal Separate Storm Sewer System (MS4)
permit, administered in Minnesota by the Minnesota Pollution Control Agency
(MPCA). This permit regulates the discharge of stormwater runoff to the waters
of the State. The permit requires that each MS4 develop a Stormwater Pollution
Prevention Plan (SWPPP) for the reduction of pollutants discharged from the
storm sewer system. The SWPPP includes six (6) minimum control measures
(MCM):
1) Public education and outreach;
2) Public participation;
3) Illicit discharge detection and elimination;
4) Construction site Stormwater runoff control;
5) Post -construction Stormwater management in new development and
redevelopment; and
6) Pollution prevention/good housekeeping for municipal operations.
MCM 4 requires reduction of pollutants from construction activities within the
MS4's jurisdiction and MCM 5 requires post construction stormwater runoff
regulations. Compliance with these requirements means having an ordinance as
well as sanctions to ensure compliance
The proposed ordinance establishes updated development requirements for both
erosion and sediment control as well as stormwater management to meet the
requirements of the NPDES permit. Elements of these requirements are
currently contained in the City Zoning and Subdivision Codes or as policy
statements in the City's Local Water Management Plan. Adoption of the
ordinance will consolidate stormwater management requirements in a separate
section of city code; update the requirements to conform with NPDES standards;
and complement the Rice Creek Watershed District requirements.
The proposed ordinance was reviewed by the City Environmental Board on
January 25, 2011 and February 23, 2011. The board recommended the approval
of the ordinance to meet the requirements of the City's MS4 permit. The first
reading of Ordinance 09-11 occurred at the March 14 City Council Meeting. The
Council approved the first reading.
RECOMMENDATION
Staff recommends approving the 2nd reading of Ordinance 09-11.
ATTACHMENTS
1. Ordinance 09-11