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HomeMy WebLinkAbout1127 Ord (Section 35-26 regarding Stormwater Management Practices) ORDINANCE NO. 1127 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING STILLWATER CITY CODE SECTION 35-26 REGARDING STORMWATER MANAGEMENT PRACTICES The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 35-26 is hereby amended as follows: Sec. 35-26. - Stormwater management practices. Stormwater management practices shall be as follows: Subd. 1. Statutory authorization. This Section is adopted pursuant to the authorization and policies contained in Minnesota Statutes Chapters 103B and 462; Minnesota Rules, Parts 6120.2500-6120.3900, Minnesota Rules Chapters 8410, 8420 and 70510.0210. Subd. 2. Findings. The city hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands, natural habitat areas, areas subject to soil erosion and areas containing restrictive soils adversely affects the public health, safety and general welfare by impacting water quality and contributing to other environmental problems, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the city to provide adequate water, sewage, flood control and other community services. In addition, extraordinary public expenditures may be required for the protection of persons and property in areas which may be affected by unplanned land use. Subd. 3. Purpose. The purpose of this Section is to promote,preserve and enhance the natural resources within the city and protect them from adverse effects caused by poorly sited development or incompatible activities by regulating Land Disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between Land Disturbing and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for Land Disturbing or development activities proposed for such areas,thereby achieving a balance between urban growth and development. Subd. 4. Scope and effect. The scope and effect of this Section is as follows: (a) Applicability. Every applicant for subdivision or a permit to allow Land Disturbing Activities must submit a stormwater management plan to the department of community development. No building permit, subdivision approval or permit to allow Land Disturbing Activities may be issued until approval of the stormwater management plan or 1 a waiver of the approval requirement has been obtained in strict conformance with the provisions of this Section (b) Minnesota Pollution Control Agency (MPCA). The MPCA is the permitting authority for Land Disturbing Activities requiring an NPDES Permit for construction activity,including the requirements for developing and implementing a SWPPP. Where required, the NPDES Permit is in addition to Permits required by the City of Stillwater. (c) Exemptions. The provisions of this Section do not apply to: (1) Any part of a subdivision if a plat for the subdivision has been approved by the city on or before August 3, 1993. (2) Any activity for which plans have been approved by the watershed management organization with jurisdiction over the project within six months prior to August 3, 1993. (3) A lot for which a building permit has been approved on or before August 3, 1993. (4) Minor Land Disturbing Activities such as home gardens and an individual's home landscaping, repairs and maintenance work, installation of fence, sign, telephone and electric poles and other kinds of posts or poles. (5) Emergency work to protect life, limb or property and emergency repairs, unless the Land Disturbing Activity would have required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required,then the disturbed land area shall be shaped and stabilized in accordance with the city's requirements as soon as possible. (6) Construction, installation and maintenance of electric, telephone and cable television, utility lines or individual service connection to these utilities, which result in creating less than 5,000 square feet of exposed soil; (7) Tilling, planting or harvesting of agricultural, horticultural or silvicultural crops; (8) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles that result in creating less than 5,000 square feet of exposed soil; (9) Any Land Disturbing Activity that, in the discretion of the city, should be exempt from the provisions of this section. The city may exempt an activity from the provisions of this section if all of the following standards and requirements are met: a. Existing draining and ponding patterns are not significantly altered so as to adversely affect adjoining land; 2 b. The resultant grade and slopes at the property line are in substantial conformity to the surrounding natural topography and are set so as to minimize erosion and provide for sufficient drainage so that both natural and stormwater enter and leave the property at the original or natural drainage points; c. All banks will be left with a slope not greater than one foot vertical to four feet horizontal, except that greater slope shall be permitted if it is in substantial conformity to the immediately surrounding area, and in the judgment of the city, it is not expected to adversely affect future development of the site. All excavated areas shall be finally graded in substantial conformity to the surrounding natural topography; and d. The property is or will be graded so that stagnant water will not be permitted to collect upon it. e. The property requires an NPDES general construction permit that is located: i. within a Wellhead Emergency Response Area; and ii. within a Drinking Water Supply Management Area with a moderate to high vulnerability. (d) Incorporation by reference. The following are hereby incorporated by reference into this ordinance: (1) The city's Engineering Design Guidelines are hereby incorporated into this ordinance. The Guidelines shall serve as the official guide for stormwater principles, methods, and practices for proposed development activities. (2) The National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES general construction permit) issued by the Minnesota Pollution Control Agency, August 1, 2018, as amended. Subd. S. Plan approval procedures. Procedures for the approval of a stormwater agreement plan are as follows: (a) Application. A written application for stormwater management plan approval, along with the proposed stormwater management plan and maintenance agreement, must be filed with the city engineer and must include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted in the zoning district, and that the proposed use will conform to the standards set forth in this Section 35-26. (b) Plan contents. The stormwater management plan shall be prepared to meet the requirements of this ordinance, as well as the requirements within the city's Engineering 3 Design Guidelines document,the city's MS4 permit and the NPDES construction general permit. Subd. 6. Plan review procedure. Procedures for the review of a stormwater management plan are as follows: (a) Process. Stormwater management plans meeting the requirements of Section 35-26 Subd. 5 must be submitted by the community development director to the planning commission for review in accordance with the standards of Section 35-26 Subd. 7. (1) Projects within Carnelian-Marine-Saint-Croix or Browns Creek Watershed District must obtain watershed district permits as required. Projects within the jurisdiction of the Middle Saint Croix Watershed Management Organization(MSCWMO)must meet the requirements of the MSCWMO Watershed Management Plan. Projects within the MSCWMO meeting the full review requirements of the MSCWMO Plan will not be approved by the city until reviewed by the MSCWMO board. All projects must be reviewed and approved by the city engineer. (b) Duration. Plan approval will expire one year after date of approval unless construction has commenced in accordance with the plan. The planning department may grant one extension of not greater than one year. (c) Conditions. A stormwater management plan may be approved subject to compliance with conditions reasonable and necessary to ensure that the requirements of this are met. Conditions may limit the size,kind or character of the proposed development;require the construction of structures, drainage facilities, storage basins and other facilities; require replacement of vegetation; establish required monitoring procedures; stage the work over time; require alteration of the site design to ensure buffering; and require the conveyance to the city or other public entity of necessary lands or easements. (d) Performance. Projects with public improvements must submit a cash deposit or letter of credit in the amount of 125% of the cost of construction. The city may draw on the cash deposit or letter of credit to correct erosion and sediment concerns not addressed within the timeframe established in this subsection or to correct any failure to comply with the requirements of the Minnesota Pollution Control Agency General Stormwater Permit for Construction. The letter of credit must guarantee completion and compliance with conditions within a specific time and may be extended in accordance with Section 35-26 Subd. 6(b). (e) Fees. All applications for a stormwater management plan approval must be accompanied by a process and approval fee as set from time to time by resolution of the city council. Applicants must also reimburse the city for actual engineering costs incurred by the city for review of the application. Subd. 7. Approval standards. Standards for approval of a stormwater management plan are as follows: 4 (a) Failure to meet requirements. A stormwater management plan that fails to meet the standards in this ordinance and the city's Engineering Design Guidelines shall not be approved. (b) All Land Disturbing Activities are required to follow the Construction Site Stormwater Runoff Control standards set within the city's Engineering Design Guidelines and the NPDES construction general permit. The standards should meet the following requirements: (1) Erosion Control (2) Sediment Control (3) Temporary Sediment Basins (4) Dewatering and Basin Draining (5) Inspection and Maintenance (6) Pollution Management Measures/Construction Site Waste Control (7) Final Stabilization (8) Training (c) Stormwater management criteria for permanent facilities. Unless determined by the city engineer to be exempt or granted a waiver, all site designs shall establish Stormwater Management Practices to control the peak flow rates and pollutants of stormwater discharge associated with specified design storms and runoff volumes, as detailed in the city's Engineering Design Guidelines. Stormwater management criteria for permanent facilities are as follows: (1) The applicant must give consideration to reducing the need for stormwater management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, 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 wetland or pond. (2) The following stormwater management practices must be investigated in developing a stormwater management plan in the following descending order of preference: a. Infiltration of runoff on the site, if suitable soil conditions are available for use; 5 b. Flow attenuation by use of open vegetated swales and natural depressions; c. Stormwater retention facilities; and d. Stormwater detention facilities. (3) A combination of successive practices may be used to achieve the applicable minimum control requirements specified in Section 35-26 Subd. 7(c). Justification shall be provided by the applicant for the method selected. (d) Design standards. Stormwater detention facilities constructed in the city shall be designed according to the most current technology as reflected in this ordinance and the city's Engineering Design Guidelines. Rate Control, Volume Control and Water Quality standards, as contained in the city's Engineering Design Guidelines shall apply, unless strict adherence is waived by the City Engineer for development that results in less than one acre of Land Disturbing Activity. As an alternative to meeting the Volume Control and Water Quality standards for Land Disturbing Activities that are less than one acre or for single-family residential projects involving more than 15 units, the applicant may install a stormwater improvement, as described in the city's Engineering Design Guidelines. Provisions shall also be required to control the rate of runoff if determined to be necessary by the City Engineer. (e) Stormwater Management Facilities Maintenance Plan and Agreement. (1) All storm water management facilities shall be designed to minimize the need of maintenance, to provide access for maintenance purposes and to be structurally sound. The applicant shall enter into a Maintenance Agreement with the city that documents all responsibilities for operation and maintenance of all permanent stormwater management facilities. Such responsibility shall be documented in a maintenance plan and executed through a Maintenance Agreement. The Maintenance Agreement shall be executed and recorded against the parcel. The stormwater Maintenance Agreement shall be in a form approved by the city and shall describe the inspection and maintenance obligations of this section and shall, at a minimum: a. Designate a responsible party who is permanently responsible for maintenance of the structural and nonstructural measures. b. Assign responsibilities for such maintenance to successors in title. c. Allow the city and its representatives the right-of-entry for the purposes of inspecting all permanent storm water management facilities. d. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party of the permanent storm water management facility. 6 e. Include a maintenance plan that contains,but is not limited to the following: 1. Identification of all structural permanent storm water facility. 2. A schedule for regular inspection,monitoring, and maintenance of each practice. Monitoring shall verify whether the practice is functioning as designed and may include,but is not limited to quality,temperature, and quantity of runoff. 3. Identification of a responsible party for conducting the inspection, monitoring and maintenance for each practice. 4. Include a schedule and format for reporting compliance with the maintenance agreement to the city. (2) Inspection of Storm Water Management Facilities. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections;random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water management practices. a. When any new storm water management facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer, or combined sewer; the property owner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the city has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. b. The Director of Public Works,or designated representative, shall inspect all storm water management facilities during construction, during the first year of operation, and at least once every five years thereafter. The inspection records will be kept on file at the public works department for a period of 6 years. It shall be responsibility of the applicant to obtain any necessary 7 easements or other property interests to allow access to the storm water management facilities for inspection and maintenance purposes. (3) Records of Installation and Maintenance Activities. The responsible party shall make records of the installation and of all maintenance and repairs of the storm water management facilities and shall retain the records for at least three(3) years. These records shall be made available to the city during inspection of the storm water management facilities and at other reasonable times upon request. (4) Failure to Maintain Practices. If the responsible party fails or refuses to meet the requirements of the Maintenance Agreement,the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the storm water management facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the city shall notify the responsible party in writing. Upon receipt of that notice, the responsible party shall have thirty days to perform maintenance and repair of the facility in an approved manner. After proper notice, the city may specially assess the owner(s) of the storm water management facility for the cost of repair work and any penalties; and the cost of the work shall be assessed against the property and collected along with ordinary taxes by the county. (f) Wetlands. Wetlands requirements are as follows: (1) Runoff must not be discharged directly into wetlands without presettlement of the runoff. (2) A protective buffer strip of natural vegetation at least one rod (16.5 feet) in width must surround all wetlands, however actual buffer dimensions shall be as required by the CMSCWD, BWCD, MSCWMO, or the City's Engineering Design Guidelines, whichever is greater. (3) Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value. Replacement must be guided by the following principles in descending order of priority: a. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; b. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; c. Rectifying the impact by repairing, rehabilitating or restoring the affected wetland environment; 8 d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and e. Compensating for the impact by replacing or providing substitute wetland resources or environments. Compensation including the replacement ratio and quality or replacement must be consistent with the requirements outlined in the rules adopted by the board of water and soil resources to implementing the Wetland Conservation Act of 1991. (g) Catchbasins. All newly installed and rehabilitated catchbasins must be provided with a sump area for the collection of coarse-grained material. The basins must be cleaned when they are half-filled with material. The requirements of this subsection may be waived by the public works department if the requirements are not feasible. (h) Drain leaders. All newly constructed and reconstructed buildings must route drain leaders to storm sewer facilities or pervious areas wherein the runoff can be allowed to infiltrate. The flow ratio of water from the leaders must be controlled so no erosion occurs in the pervious areas. (i) Models; methodologies; computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of stormwater management structures must be approved by the director of public works. Plans, specifications and computations for stormwater management facilities submitted for review must be sealed and signed by a registered professional engineer. All computations must appear on the plans submitted for review, unless otherwise approved by the director of public works. (j) Watershed management plans;groundwater management plans. Stormwater management plans must be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with Minn. Stat. §§ 103B.231 and 103B.255, respectively, and as approved by the state board of water and soil resources. (k) Easements. It is the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. (1) Other controls. In the event of any conflict between the provisions of this subdivision and other provisions of this chapter, the more restrictive standard prevails. Subd. 8. Right of entry. The issuance of a Permit constitutes a right-of-entry for the city or its contractor to enter the construction site. The Applicant shall allow the city and its authorized representatives, to: (a) Enter the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys; (b) Bring such equipment on the site as is necessary to conduct such surveys and investigations; 9 (c) Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted site; (d) Inspect the stormwater pollution control measures; (e) Sample and monitor any items or activities pertaining to stormwater pollution control measures; (f) Correct deficiencies in stormwater and Erosion and Sediment Control measures consistent with the city's Ordinances and the Engineering Design Guidelines. Subd. 9. Search warrants. If City employees have been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of an administrative search warrant from any court of competent jurisdiction. Subd. 10. Penalty. Any person, firm or corporation violating any provision of this ordinance shall be fined not less than five dollars nor more than five hundred dollars for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (a) Notice of Violation. When the city determines that an activity is not being carried out in accordance with the requirements of this ordinance, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain: (1) The name and address of the owner; (2) The address when available or a description of the land upon which the violation is occurring; (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to bring the development activity into compliance with this ordinance and a time schedule for the completion of such remedial action; (5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and (6) A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of services notice of violation. to (b) Stop Work Orders. Persons receiving a notice of violation will be required to halt all construction activities. This Stop Work Order will be in effect until the city confirms that the Land Disturbing Activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this ordinance. (c) Civil and Criminal Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this ordinance shall be guilty of a misdemeanor and subject to prosecution. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. (d) Restoration of Lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which may, after notice and opportunity for hearing, be specially assessed against the property and collected along with the ordinary taxes by the county. Subd. 11. Appeals. Any person aggrieved by the action of any official charged with the enforcement of this ordinance, as the result of the disapproval of a properly filed application for approval, issuance of a written notice of violation, or an alleged failure to properly enforce the ordinance in regard to a specific application, shall have the right to appeal the action. (a) The aggrieved person shall submit the appeal in writing and include supporting documentation. (b) Appeals shall be heard by an administrative hearing officer as provided in chapter 22-10 subd. 4. Subd. 12. Other controls. In the event of any conflict between the provisions of this ordinance and the provisions of an erosion control or shoreland protection ordinance, the more restrictive standard prevails. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk,the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance is amended to update all applicable statutory references, to acknowledge that the MPCA is the permitting authority for all Land Disturbing Activities requiring a National Pollutant Discharge Elimination System permit, exempting minor land disturbing activities, utility construction and agricultural operations from stormwater management requirements,enhancing city inspection activities, giving the city the authority to abate and assess violations, and incorporating design guidelines by reference. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. 11 Passed this 18th day of June, 2019. CITY OF STILLWATER Ted Koz owski, Mayor ATTEST: 15111 Beth Wolf, City Clerk 12 AFFIDAVIT OF PUBLICATION CITY OF STILLWATER ORDINANCE 1127 STATE OF MINNESOTA AN ORDINANCE AMENDING STILLWATER COUNTY OF WASHINGTON ss CITY SECT 32 REGARDINGGE S STORMWATERCODE MANAGEMENT ION5- 6 E PRACDTIC The City Council of the City of Stillwater does ordain: The ordinance Elise Strecker being duly sworn on an oath, is amended to update all applicable statutory references,to acknowledge states or affirms that he/she is the Publisher's that the MPCA is the permitting authority for all Land Disturbing Activities Agent of the newspaper(s)known requiring a National Pollutant Discharge Elimination System permit, ex- Designatedempting minor land disturbing activities, utility construction and agricul- as: tural operations from stormwater management requirements, enhancing city inspection activities,giving the city the authority to abate and assess Stillwater Gazette violations,and incorporating design guidelines by reference. Approved this 18th day of June,2019.Do not hesitate to contact the City Clerk's Office(651)430-8802 if you have any questions or need further with the known office of issue being located information. in the county of: Signed: Beth Wolf WASHINGTON City Clerk with additional circulation in the counties of: Still wwa Puateerr Gazette the WASHINGTON June 21,2019 and has full knowledge of the facts stated 950422 below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat.§331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 06/21/2019 and the last insertion being on 06/21/2019. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause(1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in he latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 06/21/2019 by Elise Strecker. Notary Public 41",,, DARLENE MARIE MACPHERSON Notary Public Minnesota My Commission Expires January 31,2024 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch Ad ID 950422