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HomeMy WebLinkAboutOrdinance 914 ORDINANCE NO.914 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1300,CHAPTER 1303 OF THE MOUNDS VIEW CITY CODE RELATING TO CONSTRUCTION SITE AND LAND DISTURBANCE RUNOFF CONTROL The City of Mounds View Ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1300, Chapter 1303, Section 1303.03 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 1303.03: DEFINITIONS: For the purposes of this Chapter the definitions listed hereunder shall be construed as specified in this Section. Subd. 1. APPLICANT: Any person or group that applies for a permit to allow- land disturbance activities. Applicant also means that person's agents, employees, and others acting under this person's or group's direction. The term "applicant" also refers to the permit holder or holders and the permit holder's agents, employees, and others acting under this person's or group's direction. Subd. 2. APPROVAL: Shall mean the proposed work or completed work conform to this Chapter in the opinion of the City. Subd. 3. CITY: Is the administrative staff, or its agent, of the City of Mounds View. Subd. 4. COMMON PLAN OF DEVELOPMENT OR SALE: A continuous area where multiple separate and distinct land disturbance activities may be taking place at different times, or on different schedules, but under one (1) proposed plan including but not limited to mass site grading, utility installation, street construction and home or building construction. This item is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbance activities may occur. Subd. 5. EARTHEN MATERIAL: Any rock, natural soil or fill and/or any combination thereof. Subd. 6. EROSION: The wearing away of the ground surface as a result of the movement of wind,water and/or ice. Subd. 7. EROSION CONTROL: Methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. Subd. 8. EXCAVATION: The mechanical removal of earthen material. Subd. 9. FILL: A deposit of earthen material occurring via human activity. Subd. 10. FINAL STABILIZATION: All soil disturbance activities on the site or common plan of development or sale have been completed, and that a uniform (evenly distributed, e.g., without large bare areas)perennial vegetative cover with a density of at least seventy percent (70%) of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed, and that all temporary erosion control devises are removed, including silt fence, temporary sedimentation basins, and temporary standpipes. Simply sowing grass seed and/or mulch is not considered final stabilization. Final stabilization of a common plan of development or sale includes completion of building or home construction along with final restoration of all yards and adjacent drainage ways and shall be in conformance with the NPDES Construction General Permit Part IV.G. Subd. 11. GRADE: The vertical location of the ground surface. Subd. 12. GRADING: Any excavating or filling or combination thereof. Subd. 13. LAND DISTURBANCE ACTIVITY: Any land change that may result in soil erosion from water or wind and the movement of sediment into or upon waters or lands within the City's jurisdiction, including construction, clearing and grubbing, grading, excavating,transporting and filling of land. Subd. 14. LAND DISTURBANCE PLAN: A joint storm-water and erosion and sediment control plan that is a document containing the requirements of this Chapter and the City of Mounds View Land Disturbance Plan and Implementation Requirements, that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution. It involves both temporary and permanent controls. Subd. 15. NPDES: The National Pollutant Discharge Elimination System is a provision of the Clean Water Act that prohibits discharge of pollutants into waters of the U.S. unless a special permit is issued by the EPA, a state, or a tribal government. Subd. 165. PERMANENT CONTROLS: Erosion and/or sediment control measures installed that are not intended to be removed from the project site. Examples of such protection are swales,ponds, sediment basins,turf reinforcement mats, storm sewer systems, and riprap. Subd. 176. PERMANENT COVER: Examples including grass, gravel, asphalt, and concrete. See also the definition of final stabilization. Subd. 187. PERMIT: A written warrant or license granted for land disturbance activities. Subd. 19g. SEDIMENT: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, wind, or ice, and has come to rest either above or below water level. Subd. 204-9. SEDIMENTATION: The process or action of depositing sediment. Subd. 218. SEDIMENT CONTROL: The methods employed to prevent sediment from leaving a site. Examples of sediment control practices are silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, storm drain inlet protection, and temporary or permanent sedimentation basins. Subd. 22 -. SITE: Any lot or parcel of land or contiguous combination thereof, under the same ownership, where a land disturbance activity is performed or permitted. Subd. 232. SLOPE: An inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Subd. 243. SOIL: Naturally occurring superficial deposits overlying bedrock. Subd. 254. STORM-WATER: Precipitation runoff, storm-water runoff, snow melt runoff, and any other surface runoff and drainage, as defined under Minnesota Rule 7077.0105, subpart 41b. Subd. 26. SWPPP: The Stormwater Pollution Prevention Plan is a document that describes a process whereby a facility thoroughly evaluates potential pollutant sources at a site and selects and implements appropriate measures designed to prevent or control the discharge of pollutants in stormwater runoff. Subd. 273. WETLANDS: As defined in Minnesota Rules 7050.0130. subpart F0186 subpart la. B., are those areas that are inundated orsaturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated SOIL conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. SECTION 2. The City Council of the City of Mounds View hereby amends Title 1300, Chapter 1303, Section 1303.06, Subdivision 1 of the Mounds View Municipal Code by adding the underlined material as follows: Subd. 1. PERMIT APPLICABILITY: Except as exempted in subdivision 4 of this Section, no person shall conduct any land disturbance activity without first obtaining a Land Disturbance permit from the City. A separate permit shall be required for each site or common plan of development or sale, and may cover both excavations and fills. Any changes or deviation from previously reviewed plans require an amended permit be applied for and approved before the work is performed. SECTION 3. The City Council of the City of Mounds View hereby amends Title 1300, Chapter 1303, Section 1303.07, Subdivision 3 b. (3) of the Mounds View Municipal Code by deleting the stricken material as follows: (3) Pond Detail Sheet. A pond detail sheet shall be provided for each proposed storm-water pond that shows detailed pond design including normal water level, high water level, aquatic bench, maintenance bench, outlet structures, emergency overflow locations and other project specific data required by the City. SECTION 4. The City Council of the City of Mounds View hereby amends Title 1300, Chapter 1303, Section 1303.07, Subdivision 3 b. (6) of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: (6) Storm WaterStormwater Pollution Prevention Plan (SWPPP) as required under the National Pollution Discharge Elimination System(NPDES) Storm Water Stormwater Permit issued by the MPCA. The storm water pollution prevention ialanSWPPP shall consist of three (3) components, (1) a temporary erosion and sediment control plan, (2) a permanent erosion and sediment control plan, and (3) a narrative. (a) Temporary Erosion and Sediment Control Plan: Shall be provided that indicates the location of perimeter controls, construction fence, temporary sedimentation basins, inlet protection, areas to be seeded, areas to be mulched or blanketed, location of construction waste control (dumpsters, chemical storage, concrete washout, portable restroom facilities, etc.) and all other required temporary erosion and sediment control measures as described in the City of Mounds View Land Disturbance and Implementation Requirements. This plan shall also indicate staging of temporary erosion control measures. (b) Permanent Erosion and Sediment Control Plan: Shall be provided that indicates areas to be seeded and sodded, sediment ponds, storm sewer systems and all other required permanent erosion and sediment control measures. Permanent storm-water pollution controls including, but not limited to ponds, vegetated buffers and structural measures shall be designed and constructed in accordance with other Chapters of the City Code and requirements of other agencies having jurisdiction. (c) Narrative: Shall be provided that describes, at a minimum, the nature of construction activity, person(s) responsible for inspection and maintenance of site erosion and sediment control including contact information, project phasing, schedules, along with the timing, installation and maintenance of erosion and sediment control measures and specifications necessary to carry out the project. SECTION 5. The City Council of the City of Mounds View hereby amends Title 1300, Chapter 1303, Section 1303.07, Subdivision 4 of the Mounds View Municipal Code by deleting the stricken material as follows: Subd. 4. NPDES PERMIT DOCUMENTATION: The property owner's agent shall apply for and be issued a National Pollution Discharge Elimination System (NPDES) general storm-water permit from the Minnesota Pollution Control Agency (MPCA); and shall submit to the City a copy of the MPCA Certificate of Permit Coverage. SECTION 6. The City Council of the City of Mounds View hereby amends Title 1300, Chapter 1303, Section 1303.08 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 1303.08: PERMIT REVIEW AND APPROVAL PROCESS: Subd. 1. PROCESS: LAND DISTURBANCE PLANS meeting the requirements of Section 1303.07, subdivision 3 and minimum Best Management Practices requirements of the City of Mounds View Land Disturbance and Implementation Requirements will be reviewed administratively by City staff and/or by the City Council. If the land disturbance plan indicates land disturbance of three (3) or more acres, the land disturbance plan shall be reviewed by the City Council. The City Council may approve, approve with conditions, or deny the land disturbance plan. If applicable, City Council action on the land disturbance plan must be accomplished within sixty (60) days following the date the application for approval is filed with the City. If the land disturbance plan indicates land disturbance of less than three (3) acres, the land disturbance plan may be approved administratively by City staff, unless it is determined that City Council review is necessary. City staff may approve, approve with conditions, or deny the land disturbance plan. For administrative reviews, City action on the plan will normally be accomplished within fourteen (14) days following the date the application for approval is filed with the City. Land disturbance plans denied at the staff level may be appealed to the City Council for Council review by the applicant, if such appeal is filed in writing within fourteen(14)days of said appealdenial. Subd. 2. APPROVAL STANDARDS: a. Generally. All sites with land disturbance activities shall be prepared and maintained to control against erosion and sedimentation as set forth in this Chapter and the City of Mounds View Land Disturbance Plan and Implementation Requirements. b. Erosion and Sediment Control. Temporary and permanent erosion and sediment control measures shall be installed on all sites as necessary to prevent erosion and sedimentation from impacting any adjacent property, rights-of-way, drainage system, lake, pond, wetland, watercourse,natural resource or other protected area. The site shall include applicable BMPs to minimize the erosion and discharge of sediment and other pollutants as described in the NPDES Construction General Permit Park IV.B and Part IV.C. c. Implementation of Land Disturbance Plan. All erosion and sediment control measures must be operational prior to the start of any land disturbance activity as specified in the storm water pollution prevention planSWPPP, construction plans and specifications, the City of Mounds View Land Disturbance Plan and Implementation Requirements, or as deemed necessary by the City based on actual site conditions. d. Site Dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters,upflow chambers, hydrocyclones, swirl concentrators, or other applicable BMPs for dewatering activities as described in the NPDES Construction General Permit Part IV.D. Water may not be discharged in a manner that causes erosion, scour or flooding of the site or receiving channels or a wetland. e. Inspection. Inspection of the land disturbance plan measures will be carried out as required by the City approved land disturbance permit conditions of approval and the City of Mounds View Land Disturbance Plan and Implementation Requirements. All stormwater management BMPs shall be inspected weekly or after every V2 inch or greater rain event by the applicant. Site inspections and record of rainfall events shall comply with the NPDES Construction General Permit Part IV.E. f. Maintenance. All erosion and sediment control measures must be maintained throughout the duration of the project. Deficiencies found through inspection of a site shall be repaired as necessary to bring the site into conformance with this Chapter,the plans and specifications,the City of Mounds View Land Disturbance Plan and Implementation Requirements and-as set forth in the land disturbance permit conditions of of approval,and with the NPDES Construction General Permit Part IV.E. At minimum, land disturbance plan items shall be maintained as follows: (1) If a perimeter erosion control device is found to have sediment accumulation in excess of one third (1/3) of the total device height, the sediment shall be removed within twenty four(24)hours of discovery. (2) If an erosion control device is found to be nonfunctional, it shall be repaired or replaced within twenty four(24)hours of discovery. (3) Temporary sediment basins shall be maintained when sediment reaches one half(1/2) the outlet height or one half(1/2) the storage volume within seventy two (72) hours after discovery. The use and management of site temporary sediment basins shall meet the requirements of the NPDES Construction General Permit Park III.C. (4) Additional erosion and sediment control measures shall be installed as directed by the City as found necessary to protect life and limb, the environment, properties or the stability of a property until final stabilization,has been achieved. g. Solid and Hazardous Materials. Management of site solid waste and hazardous waste materials shall meet the requirements of the NPDES Construction General Permit Park IV.F. SECTION 7. The City Council of the City of Mounds View hereby amends Title 1300, Chapter 1303, Section 1303.09, Subdivision 1 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: Subd. 1. RIGHT OF ENTRY: The applicant shall promptly allow the City and its authorized representatives, upon presentation of credentials to: a. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, inspections or survey. b. Bring such equipment upon the permitted site as is necessary to conduct such surveys and investigations. c. Examine and copy any books,papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site. d. Inspect the STORM-WATER pollution control measures. e. Sample and monitor any items or activities pertaining to storm-water pollution control measures. f. Require removal of any temporary or permanent obstruction to the safe and easy access of such an inspection upon the inspector's request. The cost of providing such access shall be borne by the applicant. SECTION 8. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On April 25, 2016, the City Council adopted Ordinance 914 that amends Chapter 1303 of the Mounds View City Code to incorporate changes required to comply with the updated Municipal Separate Storm Sewer System General Permit issued by the Minnesota Pollution Control Agency. In addition, minor editorial changes have been made as well. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.ci.mounds-view.mn.us. SECTION 9. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on April 11,2016. Second Reading and Adoption by the Mounds View City Council on April 25,2016. Publication Date: May 6,2016 Flaherty, ayor Attest: es Ericson, ity Administrator (seal)