2015-1088 Amending Section 546 - Zoning: Storm Water Management Hopkins City Code (Zoning) 546.01
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2015-1088
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the Hopkins Zoning Ordinance No. 546, is the same and is hereby amended by adding the
following underlined language and deleting the following stfilethr-eugh language, which reads as
follows:
Section 546—Zoning: storm water management
546.01.Purpose.
1) Purpose. The general purpose of this Section is to establish regulatory requirements for
land development and land disturbing activities aimed at minimizing the threats to public
health, safety, public and private property and natural resources within the community
resulting from construction site erosion and post-construction storm water runoff.
2) Findings. The City of Hopkins finds that uncontrolled storm water runoff and
construction site erosion from land development and land disturbing activities 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
community.
3) This ordinance is intended to meet the current construction site erosion and sediment
control and post-construction storm water management regulatory requirements for
construction activity and small construction activity (NPDES Permit) as defined in 40
CFR pt. 122.26(b)(14)(x) and (b)(15), respectively.
4) 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.
The purpose of this ordinance is to promote, preserve and enhance the natural resources within
the City of Hopkins and protect them from adverse effects occasioned 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
. . • . . -. 1.a4Mfl a .
Section 546 Page 1
Hopkins City Code (Zoning) 546.01
development activities proposed for such areas, thereby achieving a balance between urban
a) Have a predominance of hydric soils;
b) Are inundated or saturated by surface or ground water at a frequency and duration
. . ;Jii.�:� �0��� ..a�0ais i�i .ai� ..���sa ii.as...��...:
c) Under normal circumstances support a prevalence of such vegetation.
546.02 . Incorporation by Reference. The City of Hopkins Engineering Design Guidelines, dated
December 2002, as it may be amended from time to time, is hereby incorporated into this
ordinance as if fully set forth herein. The Guidelines shall serve as the official guide for storm
water principles, methods, and practices for proposed development and redevelopment activities.
546.03. Applicability. Subdivision. 1. Every application for a conditional use
permit that involves construction of a building, subdivision approval, or a permit to allow land
disturbing activities must submit a storm water management plan to the planning department.
No conditional use permit, subdivision approval, or permit to allow land disturbing activities
shall be issued until approval of the storm water management plan or a waiver of the approval
requirement has been obtained in strict conformance with the provision of this ordinance. The
provisions of section 546.07 of this ordinance apply to all land, public or private, located within
the City of Hopkins.
Subd. 2. 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 Hopkins.
Subd. 23. Exemptions. The provision of this ordinance do not apply to:
a) Any part of a subdivision if a plat for the subdivision has been approved by the City
Council on or before the effective date of this ordinance;
b) Any land disturbing activity for which plans have been approved by the watershed
management organization and the City of Hopkins within six months prior to the
effective date of this ordinance;
c) A lot for which a conditional use permit or building permit has been approved on or
before the effective date of this ordinance;
d) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles;
e) Waiver of plat, re-plat, plating of a developed lot, or a single lot division;
Section 546 Page 2
Hopkins City Code (Zoning) 546.01
f) Construction of a single to four-family home;
g) An addition to an existing building that does not require a conditional use permit;
h) Construction of a detached accessory building that does not require a conditional use
permit;
i) Emergency work to protect, life, limb, or property; or,
j) The improvements involve the enlargement of a building that is less than 10 percent of
the total floor area of the existing building or 5,000 square feet, whichever is less.
546.04. Waiver. The City Council, upon recommendation of the Planning Commission, may
waive any requirement of this ordinance upon making a finding that compliance with the
requirement will involve an unnecessary hardship or the project does not have any significant
alterations of existing storm water conditions and the waiver of such requirement will not
adversely affect the standards and requirements set forth in Section 546.04. The City Council
may require, as a condition of the waiver, such dedication or construction, or agreement to
dedicate or construct as may be necessary to adequately meet said standards and requirements.
546.05. Application. Subdivision 1. A written application for storm water management
plan approval, along with the proposed storm water management plan, shall be filed with the
planning department, and shall include a statement indicating the grounds upon which the
approval is requested, that the proposed use is permitted by right or as an exception in the
underlying zoning district and adequate evidence showing that the proposed use will conform to
the standards set forth in this ordinance. Prior to applying for approval of a storm water
management plan, an applicant may have the storm water management plan reviewed by the
appropriate department of the City.
Subd. 2. Required information. Two sets of clearly legible blue or black lined copies of
drawings and required information shall be submitted to the planning department and shall be
accompanied by a receipt from the City evidencing the payment of all required fees for
processing and approval as set forth in Section 546.05 subdivision 5. A bond will be required by
Section 546.05 subdivision 4 in the amount to be calculated in accordance with that section if the
improvements have not been completed at the time the certificate of occupancy has been
completed. Drawings shall be prepared to a scale appropriate to the site of the project and
suitable for the review to be performed. At a minimum the scale shall be 1 inch equals 100 feet.
Subd. 3. . . •- . . - - . - •- - . - •- . . - - . •• - . .
Existing site map. A map of existing site conditions showing the site and immediately adjacent
areas, including:
Section 546 Page 3
Hopkins City Code (Zoning) 546.01
The name and address of the applicant, the section, township and range, north point, date and
scale of drawing and number of sheets;
Location of the tract by an insert map at a scale sufficient to cl rly identify the location of the
• - . . . . . .. . -
. -_ ... , ... ,
Existing topography with a contour interval appropriate to the topography of the land but in no
case having a contour interval greater than two (2) feet;
A delineation of all streams, rivers, public waters and wetlands located on and immediately
adjacent to the site, including depth of water, a description of all vegetation which may be found
in the water, a statement of general water quality and any classification given to the water body
or wetland by the Minnesota Department of Natural resources, the Minnesota Pollution Control
Agency, and/or the United States Army Corps of Engineers;
Location and dimensions of existing stormwater drainage systems and natural drainage patterns
on and immediately adjac- - . - . _ •• .. - . - . . . . . - . .. . • - •
conveyed from the site, identifying the receiving stream/river, public water, or wetland, and
setting forth those areas of the unaltered site where stormwater collects;
Vegetative cover and clearly delineating any vegetation proposed for removal; and
100 year flood plains, flood fringes and flood ways.
Subd. 11. Site construction plan. A site construction plan including:
of those activities;
(2) Locations and dimensions of all temporary soil or dirt stockpiles;
(3) Locations and dimensions of all construction site erosion control measures necessary
to meet the requirements of this ordinance;
('1) Schedule of anticipated starting and completion date of each land disturbing activity
including the installation of construction site erosion control measures needed to meet
Section 546 Page 4
Hopkins City Code (Zoning) 546.01
(5) Provisions for maintenance of the construction site erosion control measures during
construction.
Subd. 5. Plan of final site conditions. A plan of final site conditions on the same scale as
the existing site map showing the site changes including:
required to clearly indicate the relationship of proposed changes to existing
topography and remaining features;
(2) A landscape plan, drawn to an appropriate scale, including dimensions and distances
and the location, type, size and description of all proposed landscape materials which
will be added to the site as part of the development;
stormwater will be conveyed from the site and setting forth the areas of the site where
stormwater will be allowed to collect;
(5) The proposed size, alignment and intended use of any structures to be erected on this
site;
(6) A clear delineation and tabulation of all areas which shall be paved or surfaced,
including a description of the surfacing material to be used; and
necessary for the review of the project.Unless otherwise exempted by this ordinance, an
application for storm water management approval shall include the following as a condition for
its consideration:
a) A Storm Water Management Plan;
b) A Maintenance Agreement.
The Storm Water Management Plan shall be prepared to meet the requirements of Section 546.8
of this ordinance as well as the requirements within the City's Engineering Design Guidelines;
the Maintenance Agreement shall be prepared to meet the requirements of Section 546.7 of this
ordinance.
In lieu of preparation of a Storm Water Management Plan, major single-family residential
projects and minor expansion projects may install a rain garden or similar storm water
improvement as described in the City's Engineering Design Guidelines.
Section 546 Page 5
Hopkins City Code (Zoning) 546.01
546.06. Process. Subdivision. 1. Storm water management plan meeting the
requirements of Section 546.04 shall be submitted by the planning department to the Planning
Commission for review in accordance with the standards of 546.06. The Commission shall
recommend approval, recommend approval with conditions, or recommend denial of the storm
water management plan. Following Planning Commission action, the storm water management
plan along with the conditional use permit and/ or subdivision approval shall be submitted to the
City Council at its next available meeting. City Council action on the storm water management
plan must be accomplished within 120 days following the date the application for approval is
filed with the planning department unless there has been no delay caused or requested by the
applicant.
Subd. 2. Duration. Approval of a plan submitted under the provisions of this ordinance
shall expire one year after the date of approval unless construction has commenced in accordance
with the plan; however, if prior to the expiration of the approval the applicant makes a written
request to the planning department for an extension of time to commence construction, setting
forth the reasons for the requested extension, the planning department may grant one extension
of not greater than one single year. Receipt of any request for an extension shall be
acknowledged by the planning department within 15 days. The planning department shall make
a decision on the extension within 30 days of receipt. Any plan may be revised in the same
manner as originally approved.
Subd. 3. Conditions. A storm water management plan may be approved subject to
compliance with conditions reasonable and necessary to ensure that the requirements contained
in this ordinance are met. Such conditions may, among other matters, 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 of Hopkins or other public entity of certain
lands or interests therein.
Subd. 4. Performance bond. Prior to approval of any storm water management plan, the
applicant shall submit an agreement to construct such required physical improvements, to
dedicate property or easements, or to comply with such conditions as may have been agreed to.
If the improvements have not been constructed at the time the certificate of occupancy is issued,
the applicant shall provide a bond to cover the amount of the established cost of complying with
the agreement. The agreement and bond shall guarantee completion and compliance with
conditions within a specific time, which time may be extended in accordance with Section
546.02.
The adequacy, conditions and acceptability of any agreement and bond shall be determined by
the City Council or any official of the City of Hopkins as may be designated by resolution of the
City Council.
Section 546 Page 6
Hopkins City Code (Zoning) 546.01
Subd. 5. Fees. All applications for storm water management plan approval shall be
accompanied by a process and approval fee as per section 10 of the City Code.
546.07. Storm Water Treatment Maintenance Plan and Agreement. Subdivision. 1.
Maintenance Agreement. The Responsible Party shall enter into a Maintenance Agreement with
the City that documents all responsibilities for operation and maintenance of all storm water
treatment practices. 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 Storm Water 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 the Responsible Party, which shall be permanently responsible for
maintenance of the structural or nonstructural measures.
b) Pass responsibility for such maintenance to successors in title.
c) Grant the City and its representatives the right of entry for the purposes of inspecting all
storm water treatment practices as described in Section 546.10 and Section 546.11.
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 as described in
Subd. 4 below.
e) Include a maintenance plan that contains,but is not limited to, the following:
(1) Identification of all structural storm water treatment practices.
(2) A schedule for regular inspection, monitoring, and maintenance for 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 the Responsible Party for conducting the inspection, monitoring, and
maintenance for each practice.
Identify a schedule and format for reporting compliance with the Maintenance Plan to the
City.
Subd. 2. Inspection of Storm water Facility. 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
Section 546 Page 7
Hopkins City Code (Zoning) 546.01
the typical discharge to cause violations of state or federal water or sediment quality standards or
the National Pollutant Discharge Elimination System (NPDES) storm water 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 treatment practices.
When any new storm water treatment practice 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.
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 six years. It shall be responsibility of the applicant to obtain any
necessary easements or other property interests to allow access to the storm water management
facilities for inspection and maintenance purposes.
Subd. 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 treatment
practices, 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 treatment practice and at other
reasonable times upon request.
Subd. 4. Failure to Maintain Practices. If a 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 treatment practice in proper working condition. In the event that the storm water
treatment practice 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 30
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 treatment practice 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.
516.06. 546.08. Approval Standards. Subdivision 1. No storm water management plan which
fails to meet the standards contained in this section shall be approved by the City Council.
Section 546 Page 8
Hopkins City Code (Zoning) 546.01
Subd. 2. Projects with land disturbing activities one acre or greater shall meet the current
requirements for storm water management as specified by the City's Engineering Design
Standards and MPCA Construction General Permit. All land disturbing activities within the city
disturbing less than 1 acre and down to 10,000 square feet or which will result in more than 200
cubic yards of cut or fill are only required to follow the Construction Site Storm water Runoff
Control standards set within the City's Engineering Design Guidelines. The standards should
follow the following requirements:
a) Erosion Control
b) Sediment Control Practices
c) Temporary Sediment Basins
d) Dewatering and Basin Draining
e) Inspection and Maintenance
f) Pollution Management Measures/Construction Site Waste Control
g) Final Stabilization
h) Training
a) Subd. 2. Site dewatering. Water pumped from the site shall be treated by
temporary sedimentation basins, grit chambers, sand filter, up flow chamber, hydro
be discharged in a manner that causes erosion or flooding of the site or receiving
channels o ,etl.,nd
Subd. 3. Waste and material disposal. All waste and unused building material
Subd. Tracking. Each site shall have graveled roads, access drives and parking
Subd. 5. Drain inlet protection. All storm drain inlets shall be protected during
MPCA publication "Protection Water Quality in Urban Areas."
Subd. 6. Site erosion control. The following criteria (a through d) apply only to
Section 546 Page 9
Hopkins City Code (Zoning) 546.01
Channelized runoff from adjacent areas passing through the site shall be diverted around
disturbed areas, if practical. Otherwise, the channel shall be protected as described
below. Sheet flow runoff from adjacent areas greater than 10,000 square feet in area
receiving channels.
• . • - . . - - . - • al sequence to minimize the area of
bare soil exposed at any one time.
Subsections (1) and(2) or (1) and(3).
equivalent control measure.
constructed. Each sedimentation basin shall have a surface area of at least one percent of
depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause
erosion along the discharge channel or the receiving water.
equivalent control m asures shall be placed along all side slope and down slope sides of
the site. If a channel or area of concentrated runoff passes through the site, silt fences
inspection schedule.
stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which
barriers.
Section 546 Page 10
Hopkins City Code (Zoning) 546.01
Subd. 3. Performance Criteria for Storm Water Management. Unless determined by the
City to be exempt or granted a waiver, all site designs shall establish storm water management
practices to control the peak flow rates and pollutants of storm water discharge associated with
specified design storms and runoff volumes, as detailed in the City's Engineering Design
Guidelines.
a) New Development: rate control, volume control, and water quality standards shall apply
to all new development. There shall be no net increase from pre-project conditions (on
an average annual basis) of total volume, TSS and TP. New development projects shall
retain a runoff volume equal to one inch times the area of the proposed increase of
impervious surfaces on-site.
b) Redevelopment: rate control, volume control and water quality standards shall apply to
all redevelopment. There shall be a net reduction in the amount of TP, TSS and storm
water runoff volume leaving the site as compared with pre-project conditions. For
redevelopment projects where the project proposer intends to add more impervious
surfaces, the new development treatment requirements must be applied to the net increase
of impervious surfaces. Additional treatment must also be included to reduce the
volume, TP and TSS loads from the existing impervious surfaces.
Subd. 7. Stormwater management criteria for permanent facilities.
a) An applicant shall install or construct, on or for the proposed land disturbing or
development activity, all stormwater management facilities necessary to manage
existing before the proposed development shall not be increased and accelerated channel
the applicant.
c) The following stormwater management practices shall be investigated in developing a
(1) Natural infiltration of precipitation on site;
Section 546 Page 11
Hopkins City Code (Zoning) 546.01
(2) Flow attenuation by use of open vegetated swales and natural depressions;
(3) Stormwater retention facilities; and
(1) Stormwater detention facilities.
d) A combination of successive practices may be used to achieve the applicable minimum
control requirements specified in subsection (a) above. Justification shall be provided by
the applicant for the method selected.
Subd. 84. Design standards. Storm water detention facilities constructed in the City of
Hopkins shall be designed according to the most current technology as reflected in this ordinance
and the MPCA publication "Protection Water Quality in Urban Ar as", and shall contain, at the
minimum, the following design factors:City's Engineering Design Guidelines.
a) A permanent pond surface area equal to two percent of the impervious area draining to
the pond or one percent of the entire area draining to the pond, whichever amount is
greater;
b) An average permanent pool depth for four to ten feet;
c) A permanent pool length to width ratio of 3:1 greater;
d) A minimum protective shelf extending ten feet into the permanent pool with a slope of
10:1, beyond which slopes should not exceed 3:1;
width of one rod (16.5 feet);
f) All stormwater detention facilities shall have a device to keep oil, grease, and other
flows in each subwatershed to those that existed before the development for the two year,
ten year, and 100 year storm event. All calculations and hydrologic models/information
used in determining peak flow shall be submitted along with the stormwater management
plan; (Amended Ord. 96 787)
h) All stormwater detention facilities must have a forebay to remove coarse grained
particles prior to discharge into a watercourse or storage basin.
Subd. 95. Wetlands.
a) Runoff shall not be discharged directly into wetlands without presettlement of the runoff.
Section 546 Page 12
Hopkins City Code (Zoning) 546.01
b) A protective buffer strip of natural vegetation at least one rod (16.5 feet) in width shall
surround all wetlandsmust be retained in accordance to the standards given within the
City's Engineering Design Guidelines.
c) 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:
(1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the
wetland;
(2) Minimizing the impact by limiting the degree or magnitude of the wetland activity
and its implementation;
(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland
environment;
(4) Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity; and
(5) Compensating for the impact by replacing or providing substitute wetland resources
or environments.
Subd. -1-06. Steep slopes. No land disturbing or development activities shall be allowed on
slopes of 18 percent or more.
Subd. -1-1-7. Catch basins. All newly installed and rehabilitated catch basins shall be provided
with a sump area for the collection of coarse-grained material. Such basins shall be cleaned
when they are half filled with material.
Subd. 1-28. Drain leaders. All newly constructed and reconstructed buildings will route drain
leaders to pervious areas wherein the runoff can be allowed to infiltrate. The flow rate of water
exiting the leaders shall be controlled so no erosion occurs in the pervious areas.
Subd. 13. Inspection and maintenance. All stormwater management facilities shall be
designed to minimize the need of maintenance, to provide access for maintenance purposes and
to be structurally sound. All stormwater management facilities shall have a plan of operation and
maintenance that assures continued effective removal of pollutants carried in stormwater runoff.
The director of public works, or designated representative, shall inspect all stormwater
every five y ars thereafter. The inspection records will be kept on file at the public works
necessary easements or other property interests to allow access to the stormwater management
facilities for inspection and maintenance purposes.
Section 546 Page 13
Hopkins City Code (Zoning) 546.01
Subd. 4-49. Models/Methodologies/Computations. Hydrologic models and design
methodologies used for the determination of runoff and analysis of storm water management
structures shall be approved by the director of public works. Plans, specification and
computations for storm water management facilities submitted for review shall be sealed and
signed by a registered professional engineer. All computation shall appear on the plans
submitted for review, unless otherwise approved by the director of public works.
Subd. 4-510. Watershed Management Plans/Groundwater Management Plans. Storm water
management plans shall be consistent with adopted watershed management plans and
groundwater management plans prepared in accordance with Minnesota Statutes section 103B.23
1 and 103B.255 respectively, and as approved by the Minnesota Board of Water Soil Resources
in accordance with state law.
Subd. 4-611. Easements. If a storm water 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.
516.07. 546.09 Use of impervious surfaces. Subdivision 1. No person shall apply
fertilizer to or deposit grass clippings, leaves, or other vegetative material on impervious
surfaces, or within storm water drainage systems, natural drainage ways, or within wetland
buffer areas.
Subd. 2. Unimproved land areas. Except for driveways, sidewalks, patios, areas occupied
by structures or areas which have been improved by landscaping, all areas shall be covered by
plants or vegetative growth
Subd. 3. Fertilizer Content. Except for the first growing season for newly established turf
areas, no person shall apply liquid fertilizer which contains more than one-half percent by weight
of phosphorus, or granular fertilizer which contains more than three percent by weight of
phosphorus, unless the single application is less than or equal to one-tenth pound of phosphorus
per one thousand square feet. Annual application amount shall not exceed one-half pound of
phosphorus per one thousand square feet of lawn area.
Subd. 4. Buffer zone. Fertilizer application shall not be made within one rod (16.5 feet) of
any wetland or water resource.
546.10. Inspection. Subdivision 1. Notification. The Erosion Control Inspector shall
make inspections as hereinafter required and either shall approve that portion of the work
completed or shall notify the permittee wherein the work fails to comply with the Erosion and
Sediment Control Plan as approved
Section 546 Page 14
Hopkins City Code (Zoning) 546.01
Subd. 2. Procedure. The Applicant is responsible for regular inspections and record
keeping needed to document compliance with the permit requirements. The Applicant must
inspect the construction project once per week and within 24 hours after a rain event greater than
0.5 inches. The City may conduct inspections as needed to ensure that both erosion and sediment
control and storm water measures are properly installed and maintained prior to construction.
during construction, and at the completion of the project. The Applicant shall notify the City a
minimum of seventy-two (72)hours prior to the following required City inspections:
a) Initial Inspection - when all erosion and sediment control BMPs are installed.
This inspection must be completed before a building Permit can be issued.
b) Project Complete Inspection—when the project is complete including, but not
limited to, final grading, installation of all storm water management facilities.,
and final stabilization measures are complete. One year warranty begins after
inspector approves project.
c) Warranty Inspection— completed one (1) year later to confirm that permanent
site stabilization methods have been successful and vegetation has been
established.
Subd. 3. Reporting. The Applicant shall submit reports to the administrator under the
following circumstances and shall submit recommendations for corrective measures, if
appropriate, with such reports:
a) There are delays of more than seven (7) days in obtaining materials, machinery,
services or manpower necessary to the implementation of the Storm Water
Management Plan as scheduled.
b) There are delays of seven (7) days in land disturbing or filling activities or soil
storage.
c) The work is not being done in conformance with the approved plans and permit.
Any changes to the approved plan must be submitted to the administrator for
review and approval before work can commence.
546.11. Right of Entry. Subdivision 1. 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;
Section 546 Page 15
Hopkins City Code (Zoning) 546.01
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 storm water pollution control measures;
e. Sample and monitor any items or activities pertaining to storm water pollution control
measures.
f. Correct deficiencies in storm water and erosion and sediment control measures consistent
with the City's ordinances and the engineering guidelines.
Subd. 2. Search Warrants. If City employees have been refused access to any part of the
premises from which storm water 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, the City may seek issuance of a search warrant from any court of
competent jurisdiction.
516.08. 546.12. Penalty. Any person, firm or corporation violating any provision of this
ordinance shall be fined not less than five dollars or more than five hundred dollars for each
offence, 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 or applicant,
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) At 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 service notice of violation.
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 disturbance activity is in compliance and the violation has been satisfactorily
Section 546 Page 16
Hopkins City Code (Zoning) 546.01
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.
546.13. 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 to the City.
a) The applicant shall submit the appeal in writing and include supporting documentation.
b) City staff shall make a decision on the appeal within 15 business days of receipt of a
complete appeal application.
c) The applicant may appeal the decision of City staff to the City Council. This appeal must
be filed with the City within 30 days of City staff's decision.
546.14. Other controls. In the event of any conflict between the provisions of this ordinance and
the provisions of an erosion control or shore land protection ordinance adopted by the City
Council,the more restrictive standard prevails.
546.15. Severability. The provisions of this ordinance are severable. If any provision of this
ordinance or the application thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applicants of this ordinance which can be given effect without
the invalid provision or application.
First Reading: March 3, 2015
Second Reading: March 16, 2015
Date of Publication: March 26, 2015
Section 546 Page 17
Hopkins City Code (Zoning) 546.01
Date Ordinance Takes Effect: March 26, 2015
Eugene J. Maxwell, Mayor
ATTEST:
((zLiltjeAL I
Amy Domeier, City Clerk
APPR VED AS TO FORM AND LEGALITY:
City Attorney Signature Date
(Section 546 was added by Ordinance No. 96-779, April 17, 1996.)
Section 546 Page 18