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HomeMy WebLinkAbout2015-009 Council Ordinances1st Reading: nctnhPr 12, 2 01 5 Publication: November 3, 2015 2nd Reading: October 2 6 , 201 5 Effective: December 3 , 2 01 5 CITY OF LINO LAKES ORDINANCE NO. 09-15 ORDINANCE REVISING CITY CODE SECTION 1011 RELATING TO THE REGULATION OF STORMWATER, EROSION AND SEDIMENT CONTROL The City Council of Lino Lakes ordains: Section 1. The Lino Lakes Code of Ordinances, Chapter 1011 Stormwater, Erosion and Sediment Control, is hereby repealed and replaced with the following: CHAPTER 1011: STORMWATER, EROSION AND SEDIMENT CONTROL REGULATIONS Section 1011.001 Title 1011.002 Purpose 1011.003 Jurisdiction 1011.004 Statutory Authority 1011.005 Findings 1011.006 Definitions 1011.007 Applicability 1011.008 Exemptions 1011.009 Technical Reference 1011.010 Grading, Erosion and Sediment Control Requirements 1011.011 Stormwater Management Requirements 1011.012 Inspections and Maintenance 1011.013 Plan Review Procedure 1011.014 Financial Securities 1011.015 Enforcement 1011.016 Abrogation and Greater Restrictions DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 1/29 CHAPTER 1011: STORMWATER, EROSION AND SEDIMENT CONTROL REGULATIONS GENERAL PROVISIONS § 1011.01 TITLE. This chapter shall be known as the Lino Lakes Stormwater, Erosion and Sediment Control Chapter and will be referred to herein as this chapter. § 1011.02 PURPOSE. The general purpose of this chapter 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. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 2/29 § 1011.03 JURISDICTION. The provisions of this chapter shall apply to all lands within the incorporated boundaries of Lino Lakes. § 1011.04 STATUTORY AUTHORIZATION. This chapter is adopted pursuant to the authorization and policies contained in M.S. Chapters 103B, 103F, and 462 and Minn. Rules Chapters 7050, 7090, and 8410. This chapter is intended to meet the current construction site erosion and sediment control and post -construction stormwater management regulatory requirements for construction activity and small construction activity as defined in the standards of the NPDES construction general permit, as amended. § 1011.05 FINDINGS. The city finds that uncontrolled stormwater runoff and construction site erosion from land development and land disturbing activity can have significant adverse impacts upon local and regional water resources diminishing the quality of public health, safety, public and private property, and natural resources of the city. Specifically, uncontrolled construction site erosion and stormwater runoff can: 1) Threaten public health, safety, property, and general welfare by increasing runoff volumes, peak flood flows, and overburdening storm sewers, drainage ways, and other storm drainage 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. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 3/29 § 1011.06 DEFINITIONS. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and to give this chapter its most reasonable application. For the purpose of this chapter, the words MUST and SHALL are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section. 100 -YEAR FLOOD ELEVATION. The elevation of water resulting from the Critical Duration Flood Event. BEST MANAGEMENT PRACTICES (BMP's). Measures taken to minimize negative effects on water resources and systems as documented in the Minnesota Construction Site Erosion and Sediment Control Planning Handbook (MBWSR, 1988), Protecting Water Quality in Urban Areas (MPCA, 2000) and the Minnesota Stormwater Manual (MPCA, 2014) as amended. BETTER SITE DESIGN (BSD). An approach to managing runoff that seeks to attain post development hydrology which mimics the undeveloped condition in terms of volume, rate and timing of runoff. The goals of BETTER SITE DESIGN include reducing the amount of impervious cover, increasing the amount of natural lands set aside for conservation, using pervious areas for more effective stormwater treatment, innovative grading and drainage techniques and through the review of every aspect of the project site planning process. BETTER SITE DESIGN involves techniques applied early in the 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. BIOFILTRATION. A stormwater quality and quantity BMP that utilizes vegetation and soil to filter and absorb pollutants including nutrients, hydrocarbons and metals and remove water volume through evapotranspiration. BRIDGE. A road, path, railroad or utility crossing over a waterbody, wetland, ditch, ravine, road, railroad or other obstacle. BRIDGE SPAN. The clear span between the inside surfaces of a bridge's terminal supports. CHANNEL. A perceptible natural or artificial depression, with a defined bed and banks that confine and conduct water flowing either continuously or periodically. CONSTRUCTION ACTIVITY. 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, DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 4/29 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. CRITICAL DURATION FLOOD EVENT. The 100 -year precipitation or snow melt event with a duration resulting in the maximum 100 year return period water surface elevation. The CRITICAL DURATION FLOOD EVENT is generally either the 100 -year, 24 hour rainfall event as found in NOAA Atlas 14 or the ten-day snow melt event assumed to be 7.2 inches of runoff occurring on frozen ground (CN=100); however, other durations (e.g., 6 -hour) may result in the maximum 100 year return period water surface elevation. DETENTION BASIN. Any natural or man-made depression that stores stormwater runoff temporarily. DEVELOPMENT. Any land -disturbing activity resulting in creation or reconstruction of impervious surface including, but not limited to, municipal road construction. Normal farming practices part of an ongoing farming operation shall not be considered DEVELOPMENT. DRAINAGE SYSTEM. A system of open channel, pipe or tile, to drain property, including laterals, improvements, and improvements of outlets, which may or may not be a public system under the jurisdiction of a watershed district under Minnesota Statues Chapters 103B, 103D, or 103E. ..... EMERGENCY OVERFLOW (EOF). A primary overflow to pass flows above the design capacity around the principal outlet safely downstream without causing flooding. EROSION AND SEDIMENT CONTROL PLAN. A plan of BMPs or equivalent measures designed to control runoff and erosion and to retain or control sediment on land during the period of land disturbance in accordance with the standards set forth in this chapter. EROSION PREVENTION. Measures employed to prevent erosion including, but not limited to, soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. EXCAVATION. The displacement or removal of soil, sediment or other material. FILTRATION. A stormwater quality BMP that uses either natural media such as soil or vegetation or manufactured media to trap pollutants such as nutrients and particles in surface water. FINAL STABILIZATION. All soil disturbing activities at the site have been completed and all soils have to 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. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 5/29 FLOODPLAIN. The areas adjoining a waterbody that are inundated during the 100 -year flood. FLOODWAY. The channel of a watercourse, the bed of water basins and those portions of adjoining floodplains that must be kept free of encroachment to accommodate the 100 -year flood. FLOODWAY FRINGE. The area between the floodway and the boundary of the 100 -year flood. FREEBOARD. Vertical distance between the 100 -year flood elevation or emergency overflow elevation of a water basin or watercourse and the elevation of the regulatory elevation of a structure. IMPERVIOUS SURFACE. A compacted surface or a surface covered with material (i.e., gravel, asphalt, concrete, Class 5, etc.) that increases the depth of runoff compared to natural soils and land cover. Including but not limited to roads, driveways, parking areas, sidewalks and trails, patios, tennis courts, basketball courts, swimming pools, building roofs, covered decks, and other structures. INFILTRATION. Water entering the ground through the soil. LAND -DISTURBING ACTIVITY. Any disturbance to the ground surface that, through the action of wind or water, may result in soil erosion or the movement of sediment into waters, wetlands or storm sewers or onto adjacent property. LAND -DISTURBING ACTIVITY includes but is not limited to the demolition of a structure or surface, soil stripping, clearing, grubbing, grading, excavating, filling and the storage of soil or earth materials. The term does not include normal farming practices as part of an ongoing farming operation. LANDLOCKED BASIN. A water basin lacking an outlet at an elevation at or below the water level produced by the critical duration flood event, generally the 10 -day snowmelt event. LOW ENTRY ELEVATION. The elevation of the lowest opening in a structure. LOW FLOOR ELEVATION. The elevation of the lowest floor of a habitable or uninhabitable structure, which is often the elevation of the basement floor or walk -out level. MILL, RECLAMATION AND OVERLAY. Removal of the top layer(s) of an impervious surface (e.g. roadway, parking lot, sport court) by mechanical means, followed by the placement of a new layer of impervious surface, without exposure of the underlying native soil. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by the Minnesota Pollution Control Agency that authorizes the discharge of pollutants to the waters of the State. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 6/29 NATIONWIDE URBAN RUNOFF PROGRAM (NURP). NATIONWIDE URBAN RUNOFF PROGRAM Urban Runoff Program developed by the Environmental Protection Agency to study stormwater runoff from urban development. ORDINARY HIGH WATER LEVEL (OHW). The highest water level elevation that has been maintained for a sufficiently long period of time to leave evidence upon the landscape. The OHW is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. If an OHW has been established for a waterbody by the Minnesota Department of Natural Resources, it will constitute the OHW under this definition. OWNER. The person or party possessing the title of the land on which the construction activities will occur; or if the construction activity is for a lease, easement, or mineral rights license holder, the party or individual identified as the lease, easement, or mineral rights license holder; or the contracting government agency responsible for the construction activity. PUBLIC LINEAR PROJECT. A project involving a roadway, sidewalk, trail or utility not part of an industrial, commercial, institutional or residential development. RECONSTRUCTION. Removal of an impervious surface such that the underlying structural aggregate base is effectively removed and the underlying native soil exposed. SEASONAL HIGH WATER TABLE. The highest known seasonal elevation of groundwater as indicated by redoximorphic features such as mottling within the soil. SATURATED SOIL. 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. Methods employed to prevent sediment from leaving the site. SEDIMENT CONTROL practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. SHORELAND. Land located within the following distances from the ordinary high water elevation of public waters: 1. land within 1,000 feet from the normal high watermark of a lake, pond or flowage; and 2. Land within 300 feet of a river or stream or the landward size of a floodplain delineated by ordinance on the river or stream, whichever is greater. STABILIZED. The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, erosion control blanket, mats or other material that prevents erosion from occurring. Applying mulch, hydromulch, tackifier, polyacrylamide, or similar erosion prevention practices is not acceptable stabilization in temporary or permanent drainage ditches or areas where concentrated overland flow occurs. Grass seeding is not stabilization. STANDARD PLATES. General drawings having or showing similar characteristics or qualities that are representative of a construction activity or practice. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 7/29 STORMWATER. Defined under Minn. Rules 7077.0105, Subd. 41(b), meaning precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage. STORMWATER FACILITY, PRIVATE. Any BMP that is maintained by a private property owner, or other private entity and not maintained by a public agency. STORMWATER MANAGEMENT PLAN. A plan for the permanent management and control of runoff prepared and implemented in accordance with the standards set forth in this chapter. STORMWATER POLLUTION PREVENTION PLAN. A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or waterbodies to the maximum extent practicable. STORMWATER POND. Constructed basins placed in the landscape to capture stormwater runoff. SURFACE WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. UNDERGROUND WATERS. Water contained below the surface of the earth in the saturated zone including, without limitation, all waters whether under confined, unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or in rock formations deeper underground. The term ground water shall be synonymous with underground water. WATER QUANTITY BEST MANAGEMENT PRACTICE. The use of on-site runoff management practices such as biofiltration, infiltration, buffers/conservation areas, impervious disconnection, and greenway connections to satisfy stormwater management requirements. WATERS OF THE STATE. As defined in M.S. § 115.01, Subd. 22, means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. WETLAND. Land transitional between terrestrial and aquatic systems, as defined in Minnesota Statues § 103G.005, Subdivision 19. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 8/29 § 1011.07 APPLICABILITY. All land disturbing activity may 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 §§ 1011.010 and 1011.011. § 1011.08 EXEMPTIONS. The following land disturbing activities will be exempt from the grading, erosion and sediment control and stormwater management permit requirements of this chapter: 1) Cemetery graves. 2) Routine agricultural activity such as tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry) crops. 3) Emergency work necessary to protect life, limb, or property. § 1011.09 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 Details. 3) The Lino Lakes Standard City Specifications. 4) The Rice Creek Watershed District (RCWD) Rules. 5) The Vadnais Lakes Area Watershed Management Organization (VLAWMO) Rules. GRADING, EROSION, AND SEDIMENT CONTROL § 1011.010 GRADING, EROSION AND SEDIMENT CONTROL REQUIREMENTS. 1) Grading, erosion and sediment control (ESC). A grading, erosion and sediment control (ESC) permit including a grading, erosion and sediment control plan shall be required for all proposed land disturbing activity unless otherwise exempted in this chapter that meets any or all of the following: DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 9/29 a. Includes excavation, filing, or stockpiling of erodible material in excess of 50 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. Disturbs more than one acre of land or 10,000 square feet if within 300 feet of a lake, stream or wetland and drains towards it; or d. 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 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 detail plates, 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, Minnesota Pollution Control Agency, 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 (2000), as amended, 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. f. 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. They are not required in areas with steep slopes, highly erodible soils, or to take equivalent measures such as smaller basins, check dams, and vegetated buffer strips. g. The plan must include conditions adequate to protect facilities to be used for post - construction stormwater infiltration. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 10/29 h. The plan must include conditions to minimize off-site sediment transport on trucks and equipment, such as rock entrances. i. The plan must minimize work in and adjacent to water bodies and wetlands. j. Stable slopes shall be maintained throughout the construction process. k. 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). 1. 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. m. Compaction of site soils shall be minimized. 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. 3) Grading, erosion and sediment control (ESC) required exhibits. The plan shall be prepared and signed by a duly licensed professional engineer in the State of Minnesota. The following exhibits must accompany the permit application: two plan sets, full size (22 inches by 34 inches); 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 grading, erosion, and sediment control plan shall be consistent with the most recent version of the NPDES permit requirements and include the following information: a. Project name 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, including the name, address and phone number of the party responsible for maintenance of all erosion and sediment control measures; e. Tabulation of construction implementation schedule, including: estimated start date, time frames, and schedules for each construction phase, and completion date; DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 11/29 f. Copies of permits or permit applications required by any other government entity or agencies including mitigation measures required as a result of any review for the project (e.g., wetland mitigation, EAW, EIS, archaeology survey); g. Existing conditions map. An existing topographic site map, drawn to a legible scale and clearly labeled with a north arrow and date of preparation. The plan, based on a certificate of survey, shall include the following information: 1. Property lines and lot dimensions. 2. Existing zoning classifications for land within and abutting the development, including shoreland, floodway, floodway fringe, or general floodplain, and other natural resource overlay districts. 3. All buildings and outdoor uses including all dimensions and setbacks. 4. All public and private roads, interior roads, driveways and parking lots. 5. Show ordinary high water marks of all navigable waters, 100 -year critical flood duration event elevations, and delineated wetland boundaries, if any. If not available, appropriate flood zone determination or wetland delineation, or both, may be required at the applicant's expense. 6. Identify all special waters and impaired waters, as identified in the most recent listing by the MPCA, within one mile of the project that receive runoff from the project. 7. Location of drainage areas, existing storm sewer facilities, including pipes, manholes, catch basins, ponds, swales and drainage channels within 100 feet of the subject property. Existing pipe sizes, grades, rim and invert elevations, and normal and high water elevations must be included. 8. Existing contours at one foot intervals, shown as dashed lines for the subject property and extending 100 feet beyond the outside boundary of the proposed plat. 9. Steep slopes where areas with an average slope of more than 12% 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. h. Proposed conditions map. 1. Maps identifying areas discussed in (3)(g)1 through (g)1O of this section. 2. Location, size, and approximate grade of proposed public sewer and water mains. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 12/29 3. Elevations, sections, profiles, and details as needed to describe all natural and artificial features of the project. 4. Proposed grade contours at one -foot intervals shown as solid lines. 5. An estimate of the total volume (cubic yards) of materials proposed to be imported to or exported from the site. 6. Provisions for groundwater management (dewatering), including subsurface drains, disposals, ponding and flood controls. 7. Spot elevations at drainage break points and directional arrows indicating site swale and lot drainage. 8. Proposed lot lines, lot and block numbers, building style, building pad location and elevations at the lowest floor and garage slab, if applicable, for each lot. 9. Locations, sizes, grades, rim and invert elevations of all proposed stormwater facilities, including ponds, proposed to serve the subject property. 10. The location of all oversize, non -typical easements including conservation easements, if applicable. 11. Show the boundary of the 100 year flood elevations of all waterbodies. 12. Locations of all stormwater management practices, infiltration areas, and areas not to be disturbed during construction. 13. Normal water level, high water level, and emergency overflow elevations for the site and all associated ponding systems. 14. Location of areas where construction will be phased to minimize duration of exposed soil areas. Include map and calculations as necessary of areas of grubbing, clearing, tree removal, grading, excavation, fill, and other disturbance; areas of soil or earth material storage; quantities of soil or earth material to be removed, placed, stored, or otherwise moved on site, and delineated limits of disturbance. 15. Location and type of all temporary and permanent erosion prevention, sediment control, stormwater runoff, and soil stabilization BMPs, along with procedures to be used to establish additional temporary BMPs as necessary for the site conditions during construction. Standard plates and/or specifications for the BMP's used on the project must be included in the final plans and specifications for the project. Location and design of temporary sediment basins where ten acres or more (five acres or more for special or impaired waters) are disturbed and drained to a single point. When site restrictions do not allow for a temporary sediment basin or less than the required acreage is being developed, temporary sediment basins where appropriate DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 13/29 .,,- 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. 4) Construction activity requirements. Any activity subject to a permit under this chapter must conform to the standards of the NPDES general permit regarding construction -site erosion and sediment control. 5) Inspections. See also § 1101.012 Inspections and Maintenance of this chapter. a. The applicant shall be responsible for inspection, maintenance and effectiveness of all erosion and sediment control measures until final soil stabilization is achieved. b. The City may inspect the project site and require the applicant to provide additional erosion control measures as it determined conditions warrant. 6) Final stabilization. a. Erosion and sediment control measures must be maintained until final vegetation and ground cover is established to a density of 70%. b. All temporary erosion and sediment control BMPs will be removed after all disturbed areas have been permanently stabilized. STORMWATER MANAGEMENT § 1011.011 STORMWATER MANAGEMENT REQUIREMENTS. 1) Stormwater management. A permit incorporating an approved stormwater management plan shall be required for all proposed land development activity including public linear projects, unless otherwise exempted in this chapter, which meets any or all of the following: a. A development, redevelopment or reconstruction, except Public Linear Projects, that creates or reconstructs 10,000 square feet or more of impervious surface, including smaller individual sites that are part of a common plan of development that may be constructed at different times. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 14/29 b. A subdivision of an area exceeding one acre. This includes subdivision for single-family residential, multi -unit residential, commercial, industrial, or institution development. c. For Public Linear Projects, a permit is required to create or reconstruct 10,000 square feet or more of impervious surface through multiple phases or connected actions of a single project, as defined by the City. d. 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. e. 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. f. Stormwater Management Requirements do not apply to development of an individual lot within a residential subdivision if it conforms to an approved development plan. g. Stormwater Management Requirements do not apply to sidewalks and trails 10 feet wide or less that are bordered down -gradient by vegetated open space or vegetated filter strip with a minimum width of 5 feet, however the grading, erosion and sediment control requirements are still effective. h. Stormwater Management Requirements do not apply to Mill, Reclamation and Overlay projects that do not expose underlying soils. i. Stormwater Management Requirements do not apply to Bridge Span projects, however grading, erosion and sediment control requirements are still effective. 2) Stormwater management performance standards. 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. 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. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 15/29 c. Conveyance system. Wherever possible untreated and treated stormwater runoff shall be conveyed in facilities open to the atmosphere (e.g. swales, vegetated buffer strips, energy - dissipating structures, and the like) rather than through enclosed pipes, so as to decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and to remove pollutants. d. Proposed development design shall: 1. Maintain or decrease runoff volume. 2. Decrease erosion and sedimentation. 3. Maintain or decrease flow frequency, duration, and peak runoff rates. 4. Increase infiltration (groundwater recharge) or filtration. 5. Maintain existing flow patterns. 6. Reduce time to peak flows by increasing the time of concentration to and through storm sewers. 7. Provide storage of stormwater runoff on site. 8. Avoid channel erosion. 9. The proposed project must not adversely affect water level off the site during or after construction. 10. The proposed activity may not reduce hydraulic efficiency of the drainage ways at any point up -gradient of the applicant's parcel boundary. 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, DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 16/29 Vadnais Lakes Watershed Management Organization, Anoka County, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Pollution Control Agency, U.S. Army Corps of Engineers, State of Minnesota Stormwater Manual or other regulatory agencies. g. The City of Lino Lakes may develop a Comprehensive Stormwater Management Plan (CSMP) as an alternative way to meet the stormwater requirements of the local watershed agencies for development within a defined area and a common resource of concern (ROC). The CSMP will be submitted to the applicable watershed district for review and must comply with the requirements of the watershed district. 3) 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 one-half 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 following curve numbers (Table 1) shall be utilized for modeling of those site areas not covered by impervious surface: Table 1. Curve Numbers for Use with Pervious Areas Hydrologic Soil Group Existing Runoff Curve Number* Post -Construction Runoff Curve Number** Undisturbed Land Disturbed Land A 39 39 49 B 61 61 74 C 74 74 80 D 80 80 80 * Curve numbers from USDA-NRCS, Technical Release 55 ** Rice Creek Watershed District 2013 Rules d. The analysis of flood levels, storage volumes, and discharge rates for waterbodies and stormwater management basins must include the NOAA Atlas 14 values, as amended, for the 2 - year, 10 -year and 100 -year return period, 24-hour rainfall events and the 10 -day snowmelt event, in order to identify the critical duration flood event. The ten-day snowmelt event is simulated by a 7.2 -inch, ten-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). The City Engineer may require analysis of DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 17/29 additional precipitation durations to determine the critical duration flood event. Analysis of the 10 -day snowmelt event is not required for stormwater management detention basins with a defined outlet elevation at or below the 100 -year 24-hour event elevation. 4) Water quality treatment. a. Land development activities creating impervious surface shall address the use of better site design (BSD) techniques as outlined in the Better Site Design and Low Impact Development sections of the Minnesota Stormwater Manual (MPCA, 2014 and subsequent revisions). b. The water quality treatment volume standard for all projects, except Public Linear projects, is determined as follows (Table 2): Deve Table 2. Required Water Quality Volume Calculations for New or Reconstructed --r — -- BMP BMP Design Variation Water Quality Treatment Volume Calculation [ft3J Infiltration Infiltration Feature Impervious surface [ft2] * 1.1 [in] / 12 [in/ft] Water Reuse Irrigation Impervious surface [ft2] * 1.1 [in] / 12 [in/ft] Biofiltration Underdrain Impervious surface [ft2] * 1.1 [in] / (0.65 * 12 [in/ft]) Filtration Sand or Rock Filter Impervious surface [ft2] * 1.1 [in] / (0.50 * 12 [eft]) Stormwater Wetlands Shallow Wetland Impervious surface [ft2] * 1.1 [in] / (0.40 * 12 [in/ft]) Pond/Wetland Impervious surface [ft2] * 1.1 [in] / (0.55 * 12 [in/ft]) Stormwater Ponds Wet Pond Impervious surface [ft2] * 1.1 [in] / (0.50 * 12 [in/ft]) Multiple Pond Impervious surface [ft2] * 1.1 [in] / (0.60 * 12 [in/ft]) c. The required water quality treatment volume standard for Public Linear projects is determined as follows: Required Water Area of New or Quality Reconstructed x 0.75 _ 12m/ft Treatment Impervious [in] 12[in/ft] Volume [ft3] Surface [ft2] DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 18/29 d. Public linear projects shall meet the requirements of the Rice Creek Watershed District (RCWD) or Vadnais Lakes Area Water Management Organization (VLAWMO) as applicable. e. Infiltration BMPs (see City BMP standard plates and design criteria) are to be incorporated in areas with A and 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. f. If the project meets any of the following conditions listed in Table 3, infiltration is prohibited and the water quality volume requirements shall be provided the remaining options in Table 2: Table 3. Specific conditions that may restrict infiltration. Type Specific Site Conditions Potential Contamination Potential Stormwater Hotspots [PSH] Contaminated Soils Vehicle Fueling and Maintenance Areas Physical Limitations Low Permeability Soils [HSG C and D] Bedrock within three vertical feet of bottom of infiltration area Seasonal High Water Table within three vertical feet of bottom of infiltration area Where soil infiltration tests are more than 8.3 inches per hour Land Use Limitations Utility Locations Adjacent Wells g. BMPs must provide infiltration where feasible. If the City concurs that the infiltration BMPs are not feasible or directs that infiltration not be used, then any BMP may be chosen. If infiltration is feasible on-site, then a regionally -sited BMP must provide equivalent runoff volume reduction. 5) Peak stormwater runoff control. a. Stormwater runoff rates for the proposed project at the site boundary, in aggregate, must not exceed existing runoff rates for the critical 2-, 10-, and 100 -year frequency events. b. 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 project must meet the hydroperiod standards found in Table 4 with respect to all down -gradient wetlands. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 19/29 Table 4. Hvdroneriod Standards Wetland Susceptibility Class Permitted Storm Bounce for 2 -year and 10 -year Event* Inundation Period for 2 -year Event* Inundation Period for 10 -year Event* Highly Susceptible Existing Existing Existing Moderately Susceptible Existing + 0.5 -ft Existing + 1 day Existing + 7 days Slightly Susceptible Existing + 1.0 ft Existing + 2 days Existing + 14 days Least Susceptible No Limit Existing + 7 days Existing + 21 days * Duration of 24 -hours for the return periods utilizing NOAA Atlas 14 precipitation data. Source: Adapted from Rice Creek Watershed District 2013 Rules. c. Wetland Susceptibility Class is determined based on wetland type, as follows: 1. Highly susceptible wetland types include: sedge meadows, bogs, coniferous bogs, open bogs, calcareous fens, low prairies, coniferous swamps, lowland hardwood forests, and seasonally flooded water basins. 2. Moderately susceptible wetland types include: shrub-carrs, alder thickets, fresh (wet) meadows, and shallow & deep marshes. 3. Slightly susceptible wetland types include: floodplain forests and fresh wet meadows or shallow marshes dominated by cattail giant reed, reed canary grass or purple loosestrife. 4. Least susceptible wetland includes severely degraded wetlands. Examples of this condition include cultivated hydric soils, dredge/fill disposal sites and some gravel pits. d. Exceptions. Rate control criteria of § 1011.011(5) 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. 6) Design criteria. a. Infiltration BMPs. Infiltration BMPs must be designed to provide: 1. Adequate pretreatment measures to remove sediment before runoff enters 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 ( DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 20/29 3. Table 5). Infiltration area will be limited to the horizontal areas subject to prolonged wetting; ble 5. Soil Infiltration Rates HSG Soil Texture* Corresponding Unified Soil Classification** Infiltration Rate [in/hr] A GravelGP Sandy Gravel Silty Gravel GW Well -graded gravels, sandy gravels 1.63 Gap -graded or uniform gravels, sandy gravels GM Silty gravels, silty sandy gravels SW Well -graded gravelly sands Sand Loamy Sand Sandy Loam SP Gap -graded or uniform sands, gravelly sands 0.8 B Loam Silt Loam SM Silty sands, silty gravelly sands 0.45 MH Micaceous silts, diatomaceous silts, volcanic ash 0.3 C Sandy Clay Loam ML Silts, very fine sands, silty or clayey fine sands 0.2 D Clay Loam Silty Clay Loam Sandy clay Silty Clay Clay GC Clayey gravels, clayey sandy gravels 0.06 SC Clayey sands, clayey sandy gravels CL Low plasticity clays, sandy or silty clays OL Organic silts and clays of low plasticity CH Highly plastic clays and sandy clays OH Organic silts and clays of high plasticity Source Adapted from the "Design Infiltration Rates" table from the Minnesota Stormwater Manual, MPCA (January 2014). * 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 4. A minimum of three feet of separation from the seasonal high water table. 5. Design and placement in accordance with the 2007 Minnesota Department of Health guidance Evaluating Proposed Stormwater Infiltration Projects in Vulnerable Wellhead Protection Areas. b. Water Reuse. Water Reuse BMPs must be designed to provide: area(s); 1. A maximum irrigation rate of 1 -inch per week over the irrigated lawn/turf grass 2. No greater than a 26 week (April 15th to October 15th) growing season; and 3. No increase in stormwater runoff from the irrigated area or project site. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 21/29 4. The amount of water quality treatment volume credit given will be based upon the three year average of the volume irrigated, determined by the average of three years of monitoring records. c. Biofiltration and Filtration BMPs. Biofiltration and filtration BMPs must be designed to provide: 1. Adequate pretreatment measures to remove sediment before runoff enters the primary biofiltration area; 2. Drawdown within 48 -hours or 72 -hours from the end of the storm event for surface or sub -surface features, respectively; 3. A minimum of 12 -inches of organic material or sand above the rock trench or draintile system; and 4. Drain tile system must be designed above the Seasonal High Water Table. d. Stormwater Ponds. Stormwater ponds must be designed to provide: 1. Water quality features consistent with NURP criteria and city standard plate; 2. 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. 4. An outlet structure to control the two-year, ten-year and 100 -year frequency events to existing peak runoff sites; and 5. An identified overflow spill way sufficiently stabilized to convey flows greater than the 100 -year critical storm event. e. Outfalls. 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. f. Freeboard Requirements. All new residential, commercial, industrial and other habitable or non -habitable structures, and all stormwater basins, must be constructed so that the lowest floor and lowest entry elevations of structures comply with the following g. Table 6: DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 22/29 mow Flaor and Low Entry Freeboard Requirements h. Within a landlocked basin, lowest floor elevations must be at least one foot above the surveyed basin overflow elevation. Where a structure is proposed below the runoff elevation of a land -locked basin, the low -floor elevation will be a minimum of two feet above the high water level as determined from an estimate of high water levels determined from the highest of either the 100 -year, ten-day runoff event or back-to-back 100 -year, 24-hour rainfalls. Aerial photos, vegetation, soils, and topography will be used to derive a "normal" water elevation for the basin for the purpose of computing the 100 -year elevation. 7) 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 ten feet deep within private property, the easement shall be a minimum of 20 feet wide. If the storm sewer is ten feet or greater, the easement shall be twice as wide as the depth. e. Easements necessary for maintenance vehicle access are required for all of the above where not directly available on a public road. 8) Stormwater management plan required exhibits. The stormwater management plan shall be prepared and signed by a duly licensed engineer in the State of Minnesota. The following exhibits must accompany the permit application: two plan sets, full size (22 inches by 34 inches); one plan set, reduced to maximum size of 11 inches by 17 inches. Additional copies may be DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 23/29 Regional Elevations Local Detention Basins & Wetlands Infiltration Basins Rain Gardens Groundwater Elevation 100 year EOF 100 year EOF Bottom 100 year EOF EOF Seasonal High Level Low Floor 2 -ft 1 -ft 0 -ft N/A 0 -ft N/A N/A N/A 4 -ft Low Entry NA NA 2 -ft 1 -ft NA 2 -ft 1 -ft 0.5 -ft N/A h. Within a landlocked basin, lowest floor elevations must be at least one foot above the surveyed basin overflow elevation. Where a structure is proposed below the runoff elevation of a land -locked basin, the low -floor elevation will be a minimum of two feet above the high water level as determined from an estimate of high water levels determined from the highest of either the 100 -year, ten-day runoff event or back-to-back 100 -year, 24-hour rainfalls. Aerial photos, vegetation, soils, and topography will be used to derive a "normal" water elevation for the basin for the purpose of computing the 100 -year elevation. 7) 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 ten feet deep within private property, the easement shall be a minimum of 20 feet wide. If the storm sewer is ten feet or greater, the easement shall be twice as wide as the depth. e. Easements necessary for maintenance vehicle access are required for all of the above where not directly available on a public road. 8) Stormwater management plan required exhibits. The stormwater management plan shall be prepared and signed by a duly licensed engineer in the State of Minnesota. The following exhibits must accompany the permit application: two plan sets, full size (22 inches by 34 inches); one plan set, reduced to maximum size of 11 inches by 17 inches. Additional copies may be DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 23/29 1/4.„� 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 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 Storm Water Pollution Prevention Plan (SWPPP) is required. b. Stormwater Management Plan including existing and proposed hydrologic calculations for total runoff volume and peak discharge rates as described in this chapter, including: 1. A narrative including a project description, discussion of BMP selection, incorporation of infiltration BMPs, and revegetation plan for the project site. 2. Delineation of all drainage areas, including contributing runoff from off-site areas, proposed and existing subwatersheds on-site, emergency overflows, and drainage ways. 3. Existing, proposed, and total amount of impervious surfaces created by the project. 4. Existing and proposed runoff curve numbers. 5. Time of concentration used in calculations. 6. Existing and proposed total runoff volume and peak discharge rates for the 2-, 10-, and 100 -year critical events utilizing NOAA Atlas 14. c. Property of lines and delineation of lands under ownership of the applicant. d. Locations of all stormwater management practices, infiltration areas, and areas not to be disturbed during construction. e. Location of all drain tiles on the project site shall be identified. f. Location and engineered designs for structural stormwater management practices including stormwater treatment devices that remove oil and floatable material (e.g., basin outlets with submerged inlets). g. Normal water level, high water level, and emergency overflow elevations for the site and all ponding systems related to NAVD88. h. Identification of existing and proposed one -foot contour elevations within the project site related to NAVD88. i. Geotechnical analysis including soil borings at all proposed stormwater management facility locations. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 24/29 j. Provisions for groundwater management (dewatering), including subsurface drains, disposals, ponding and flood controls. k. 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. 1. 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. The maintenance responsibility must be memorialized in a document executed by the property owner in a form acceptable to the city and filed for record on the deed. m. Before work is deemed complete, as -built plans must be submitted demonstrating that at the time of final stabilization, stormwater facilities conform to design specifications. n. Other project site-specific submittal requirements as may be required by the city. § 1011.012 INSPECTIONS AND MAINTENANCE. 1) Inspections. The applicant is responsible for inspections and record keeping in accordance with the NPDES Permit requirements. The city shall conduct inspections on a regular basis to ensure that both stormwater and erosion and sediment control measures are properly installed and maintained prior to construction, during construction, and at the completion of the project. In all cases the inspectors will attempt to work with the applicant or developer to maintain proper stormwater management. Mandatory inspections, conducted by the city, are required as follows: a. Before any land disturbing activity begins; b. Five working days after footing inspections; c. At the completion of the project; and d. Prior to the release of financial securities. 2) Post -construction inspection and maintenance of stormwater facilities. a. Private stormwater facilities. No private stormwater facility may be approved unless a maintenance agreement is provided that defines who will conduct maintenance, the type of maintenance, and the maintenance intervals. All private stormwater facilities shall be inspected by the owner and maintained in proper condition consistent with the performance standards for which they were originally designed. 1. Facility access. Access to all stormwater facilities must be inspected annually and maintained as necessary. It shall be the responsibility of the applicant to obtain any necessary DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 25/29 Lrd 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 chapter. 3) Maintenance. The city shall perform maintenance of publicly owned stormwater facilities within the city as provided for in the local surface water management plan. § 1011.013 PLAN REVIEW PROCEDURE. 1) Plan review. The applicant shall not commence any construction activity subject to this chapter until the stormwater management plan and/or the grading, erosion and sediment control plan have been approved by the City. The submittal shall be processed in accordance with § 2 of the Zoning Ordinance or Chapter 1011 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: a. Plan approval. If the city determines that the stormwater management plan and/or the grading, erosion and sediment control plan meets the requirements of this chapter, the city shall issue a plan approval valid for a specified period of time that authorizes the land disturbance activity contingent on the implementation and completion of this plan. b. Plan denial. If the city determines that the plan does not meet the requirements of this chapter, the city shall not issue plan approval for the land disturbance activity. This plan must be resubmitted for approval before the land disturbance activity begins. All land use and building permits shall be suspended until the developer has an approved ESC or stormwater management permit. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 26/29 c. 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: 1. 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; 2. 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; 3. The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity; or 4. The plan is not consistent with the terms and conditions of this chapter. § 1011.014 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. § 1011.015 ENFORCEMENT. 1) Notification of failure of the permit. The city shall notify the permit holder of the failure of the permit's measures. a. Initial contact. The initial contact will be to the party or parties listed on the application and/or the SWPPP as contacts. Except during an emergency action, 48 hours after notification by the city or 72 hours after the failure of erosion and sediment control measures, whichever is less, the city at its discretion may begin corrective work. Such notification should be in writing, but if it is verbal, a written notification should follow as quickly as practical. If after making a good faith effort to notify the responsible party or parties, the city has been unable to establish contact, the city may proceed with corrective work. There are conditions when time is of the essence in controlling erosion. During such a condition the city may take immediate action and then notify the applicant as soon as possible. b. Emergency action. If circumstances exist such that non-compliance with this chapter poses an immediate danger to the public health, safety and welfare, as determined by the city, the city may take emergency preventative action. The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the city may be recovered from the applicant's financial security. DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 27/29 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 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 M.S. § 429.081 to challenge the amount or validity of assessment. 2) Enforcement. The city shall be responsible for enforcing this chapter. a. Penalties. Any person, firm, or corporation failing to comply with or violating any of these regulations shall be deemed guilty of a misdemeanor and be subject to a fine or imprisonment or both. All land use and building permits shall be suspended until the applicant has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. b. Right -of -entry and inspection; powers. The issuance of a permit constitutes a right -of - entry for the city or its contractor to enter upon the construction site. The applicant shall allow the city and their authorized representatives, upon presentation of credentials, to: DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX 28/29 1. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations or surveys; 2. Bring such equipment upon the permitted site as is necessary to conduct such surveys and investigations; 3. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permitted site; 4. Inspect the stormwater pollution control measures; and 5. Sample and monitor any items or activities pertaining to stormwater pollution control measures; 6. Correcting deficiencies in stormwater and erosion and sediment control measures. § 1011.016 ABROGATION AND GREATER RESTRICTIONS. In the event of any conflict between the provisions of this chapter and the provisions of any other city ordinance adopted by the City Council, the more restrictive standard prevails. Adopted by the Lino Lakes City Council this 26thday of October , 2015. The motion for the adoption of the foregoing ordinance was introduced by Council Member Rafferty and was duly seconded by Council Members tops7, and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Stoesz, Roeser, Reinert The following voted against same: none (Absent - Kusterman) Jeff Rei ATTEST: e Bartell, City Cle k DRAFT ORD 09-15 CHAPTER 1011STORMWATER & ESC ORDINANCE.DOCX ayor 29/29 CITY COUNCIL AGENDA ITEM 6J STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: October 26, 2015 TOPIC: i. Consider 2nd Reading of Ordinance No. 09-15, Amending City Code Section 1011, Entitled Stormwater, Erosion and Sediment Control ii. Consider Resolution No. 15-123, Approving Summary Publication of Ordinance No. 09-15 VOTE REQUIRED: Simple Majority INTRODUCTION Staff is requesting City Council consideration to amend the City's Stormwater, Erosion and Sediment Control regulations and approve a summary of the ordinance for publication. BACKGROUND In November of 2014 the Rice Creek Watershed District (RCWD) revised their stormwater and erosion control rules. Many of the changes, related to stormwater management, came at the request of municipalities and property owners within the district. The City's existing requirements within Chapter 1011 of City Code are based on the previous RCWD Rules. Staff has been working with WSB to amend our code requirements for consistency with the RCWD. While the draft ordinance includes several organizational changes the primary modifications are related to stormwater rate and volume requirements contained in subsection 1011.011. A summary of the proposed changes, by section, is attached. The City Council approved the 1' Reading on October 12, 2015. Due to the length of the ordinance staff is requesting council consideration of a ordiance summary for publication purposes. A full copy of the ordinance will be available for public review at City Hall and posted on the City website. RECOMMENDATION Staff is recommending approval of the 1st Reading of Ordinance No. 09-15 and Resolution No. 15-123. ATTACHMENTS 1. Summary of Changes 2. Ordinance No. 09-15 3. Resolution No. 15-123 `.- Summary of Changes for Chapter 1011: Stormwater, Erosion, and Sediment Control Regulations 10/09/2015 General: The Stormwater, Erosion, and Sediment Control Regulations have been modified to comply with Minnesota's updated regulations, as well as improve organization throughout the section. Two new sections have been created through modification; §1011.001 Title and §1011.003 Jurisdiction. §1011.001 Title —This section was added. §1011.002 Purpose This section previously covered Findings which have been moved to 1011.05. Purpose was previously located in §1011.03. No language was changed or added to this section. §1011.003 Jurisdiction This section previously covered Purpose which has been moved to 1011.02. Jurisdiction is a new section. §1011.004 Statutory Authority This section previously covered Definitions which has been moved to 1011.06. Statutory Authority was previously located in §1011.01. Minor change was made to reference NPDES permit requirements. §1011.005 Findings This section previously covered Applicability which has been moved to 1011.07. Findings was previously located in §1011.02. No language was changed or added to this section. §1011.006 Definitions — This section previously covered Exemptions which has been moved to 1011.008. Definitions was previously located in §1011.04. The following definitions have been added or revised: 100 -Year Flood Elevations— Definition was added. Best Management Practices (BMP's) — Definition had minimal language change. Better Site Design (BSD) — Definition was amended. Bridge— Definition was added. Bridge Span — Definition was added. Channel — Definition was added. Detention Basin — Definition was added. Development— Definition was added. Drainage System — Definition was added. Emergency Overflow (EDF) — Definition was added. Erosion and Sediment Control Plan — Definition was added. Excavation — Definition was added. Floodplain — Definition was added. Floodway— Definition was added. Floodway Fringe - Definition was added. Freeboard — Definition was added. Impervious Surface — Definition was revised. Infiltration — Definition was added. Land Distributing Activity— Definition had minimal language change. Landlocked Basin — Definition was added. Low Entry Elevation — Definition was added. Mill, Reclamation and Overlay — Definition was added. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit — Definition was amended with significant language modification. National Urban Runoff Program (NURP) — Definition was added. Ordinary High Water Level (OHW) — Definition was added. Public Linear Project — Definition was added. Reconstruction — Definition was added. Seasonal High Water Table — Definition was added. Saturated Soil — Definition had minimal language change. Sediment Control — Definition had minimal language change. Shoreland — Definition was added. Stormwater— Definition had minimal language change. Stormwater Management Plan — Definition was added. Stormwater Pollution Prevention Plan — Definition was revised modification. Stormwater Pond — Definition was added. Surface Water— Defined word was changed. Water Quantity Best Management Practice — Definition had minimal language change. Wetland — Definition was revised. §1011.007 Applicability This section previously covered Technical Reference which has been moved to 1011.008. Applicability was previously located in §1011.05. Minor change to the first sentence describing the land subject to standard erosion and sediment control BMP's. §1011.008 Exemptions This section previously covered Grading, Erosion and Sediment Control requirements which has been moved to 1011.010. Exemptions was previously located in §1011.06. No language was change or added to this section. §1011.009 Technical Reference This section previously covered Stormwater Management Requirements. Technical Reference was previously located in §1011.07. The titles of two reference documents were modified, and two reference documents were added; The Rice Creek Watershed District (RCWD) Rules and The Vadnais Lakes Area Watershed Management Organization (VLAWMO) Rules. §1011.010 Grading, Erosion and Sediment Control Requirements This section previously covered Inspections and Maintenance which has been moved to 1011.12. Grading, Erosion and Sediment Control Requirements was previously located in §1011.08; Language was amended, added and reorganized in this section. The following is a summary of the changes made in this section: 1) Grading, erosion and sediment control (ESC) • Revised threshold for permit for projects with more than 50 cubic yards per acre of excavation, filling, or stockpiling from 100 cubic yards per acre. • Added the following threshold: • Disturbs more than one acre of land or 10,000 square feet if within 300 feet of a lake, stream or wetland. 2) Grading, erosion and sediment control plan design standards This section was previously subpart 3); however, has been moved to 2). • Added Minnesota Pollution Control as a permitting agency for plan compliance. • Updated the publication year for the MPCA Protecting Water Quality in Urban Areas reference • Added provision to encourage use of temporary sedimentation basins. 3) Grading, erosion and sediment control (ESC) required exhibits This section was previously subpart 2). The title was changed. • Additional language was added to requiring names, address and phone numbers of party responsible. • Added plan requirement to submit one foot contours. 5) Inspection — Added provisions providing for inspections. §1011.011 Stormwater Management Requirements This section previously covered Plan Review Procedure which has been moved to 1011.013. Stormwater Management Requirements was previously located in §1011.09. 1) Stormwater Management • Updated development threshold to include both new and redevelopment of 10,000 square feet or more of impervious surface, subdivisions of 1 acre or more in area and public linear projects. • Deleted redevelopment requirements — now provided for by 10,000 square feet impervious provision. • Provided exemptions for individual residential Tots, sidewalks and trails less than 10 feet in width, Mill, Reclamation and Overlay projects that don't expose underlying soils and bridge span projects. 2) Stormwater Management Performance Standards This section was previously subpart 4) and was combined with subpart 2) formerly Stormwater management criteria. • Added a provision allowing for the development of a Comprehensive Stormwater Management Plan (CSMP) as an alternative to meeting drainage requirements. 3) Stormwater management plan modeling requirements This section was previously 5). • Requires the use of NOAA Atlas 14 precipitation data, rather than TP40 consistent with RCWD requirements. 4) Water quality treatment This section was previously 6). • Revises water quality volume standards for all projects from 2.3 inch threshold to be consistent with RCWD standards (1.1 inch for new and reconstructed developments, .75 inch for public linear projects. • Established requirements prohibiting infiltration in groundwater sensitive areas. • Deletes .5 inch runoff reduction requirement. 5) Peak stormwater runoff control This section was previously 7) • Added 10 year frequency event to rate requirements. • Wetland bounce and inundation hydroperiod standards were added. 6) Design Criteria • Moved and updated the soil infiltration rate table from Appendix. • Added water reuse design standards. • Added 10 year event to detention basin design criteria 8) Stormwater management plan required exhibit This section was previously 3). • Added/revised submittal information required by Engineering for review. §1011.012 Inspections and Maintenance This section was previously located in §1011.10; however, for organizational purposes has been moved to §1011.012. No language changes were made in this section other than a few grammatical corrections. §1011.013 Plan Review Procedure This section was previously located in §1011.11; however, for organizational purposes has been moved to §1011.013. No language changes were made. §1011.014 Financial Securities This section was previously located in §1011.12; however, for organizational purposes has been moved to §1011.014. No language changes were made. §1011.015 Enforcement This section was previously located in §1011.13. No language changes were made in this section other than a few grammatical corrections. §1011.016 Abrogation and Greater Restrictions This section was previously located in §1011.14. No language changes were made. Appendix was deleted.