VII.2. First Reading Ordinance 2023-1187 Amending Chapters 40 and 102 of the City Code Regarding Illicit Discharge and Stormwater Management; Howard
CITY OF HOPKINS
City Council Report 2023-026
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Kurt Howard, Planner
Date: March 21, 2023
Subject: First Reading: Ordinance 2023-1187 Amending Chapters 40 and 102 of
the City Code Regarding Illicit Discharge and Stormwater Management
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO Adopt for First Reading, Ordinance 2023-1187, Amending Chapters 40
and 102 of the City Code Regarding Illicit Discharge and Stormwater Management
OVERVIEW
The City of Hopkins currently has a Municipal Separate Storm Sewer System (MS4) permit
through the Minnesota Pollution Control Agency (MPCA). The MPCA requires that all local
public entities that own or operate MS4s obtain an MS4 permit to ensure that appropriate
stormwater pollution prevention programs and best practices are adopted to prevent
stormwater runoff from harming rivers, streams, and wetlands.
The changes contained in the attached proposed ordinance are needed in order to maintain
compliance with the City's MS4 permit. These proposed changes remove references to
outdated and redundant Engineering Design Guidelines, add references to Stormwater
Pollution Prevention Plan requirements, and make general updates to requirements and
procedures to remain in compliance with the City's MS4 permit. While the proposed
changes will ensure the text of the City Code is in compliance with the City’s MS4 permit,
they will not translate into any changes to operations or enforcement procedures related to
the City's requirements.
SUPPORTING INFORMATION
• Proposed Ordinance 2023-1187
• Planning & Zoning Commission Resolution 2023-01
Planning and Economic
Development Department
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CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2023-1187
ORDINANCE AMENDING CHAPTERS 40 AND 102 OF THE
HOPKINS CITY CODE REGARDING ILLICIT DISCHARGE AND STORMWATER
MANAGEMENT
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Hopkins City Code, Part II, Chapter 40, Division 2, Section 40-282 is hereby
amended by adding the double-underlined language and deleting the stricken language
as follows:
Sec. 40-282. – Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Best management practices or BMPs mean schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or
reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. Best management practices or BMPs also include
treatment practices, operating procedures, and practices to control site runoff; spillage or
leaks, sludge or water disposal, or drainage from raw materials storage.
Clean Water Act means the federal Water Pollution Control Act (33 USC § 1251 et seq.),
and any subsequent amendments thereto.
Common Plan of Development or Sale means one proposed plan for a contiguous area
where multiple separate and distinct land-disturbing activities may be taking place at
different times, on different schedules, but under one proposed plan. One plan is broadly
defined to include design, permit application, advertisement or physical demarcation
indicating that land-disturbing activities may occur.
Construction activity means activities subject to NPDES construction permits. These
include construction projects resulting in land disturbance of one acre or more. Such
activities include, but are not limited to, clearing and grubbing, grading, excavating, and
demolition.
Construction Activity means activities including clearing, grading, and excavating, that
result in land disturbance of equal to or greater than one acre, including the disturbance
of less than one acre of total land area that is part of a larger common plan of development
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or sale if the larger common plan will ultimately disturb equal to or greater than one acre.
This includes a disturbance to the land that results in a change in the topography, existing
soil cover, both vegetative and nonvegetative, or the existing soil topography that may
result in accelerated stormwater runoff that may lead to soil erosion and movement of
sediment. Construction activity does not include a disturbance to the land of less than five
acres for the purpose of routine maintenance performed to maintain the original line and
grade, hydraulic capacity, and original purpose of the facility. Routine maintenance does
not include activities such as repairs, replacement and other types of non-routine
maintenance. Pavement rehabilitation that does not disturb the underlying soils (e.g., mill
and overlay projects) is not construction activity.
SECTION 2. Hopkins City Code, Part II, Chapter 40, Division 2, Section 40-283 is hereby
amended by adding the double-underlined language and deleting the stricken language
as follows:
This division shall apply to all water entering the storm drainage system MS4 generated
on any premises unless explicitly exempted by the city.
SECTION 3. Hopkins City Code, Part II, Chapter 40, Division 2, Section 40-287 is hereby
amended by adding the double-underlined language as follows:
Sec. 40-287. Prohibited discharges and connections.
(a) Illegal discharges. No person shall throw, drain, or otherwise discharge, cause, or
allow others under its control to throw, drain, or otherwise discharge into the MS4 any
pollutants or waters containing any pollutants or any non-stormwater discharge. The
commencement, conduct or continuance of any illegal discharge to the storm drain
system is prohibited except for the following:
(1) The following discharges are exempt from discharge prohibitions established
by this division: water line flushing, landscape irrigation, diverted stream flows,
rising ground waters, unpolluted ground water infiltration, unpolluted pumped
ground water, discharges from potable water sources, foundation drains, air
conditioning condensation, irrigation water, springs, water from crawl space
pumps, looting drains, lawn watering, individual residential car washing, flows from
riparian habitats and wetlands, dechlorinated swimming pool discharges, and
street wash water.
(2) Discharges or flow from firefighting, and other discharges specified in writing
by the city as being necessary to protect public health and safety.
(3) Discharges associated with dye testing, however this activity requires a verbal
notification to the city prior to the time of the test.
(4) The prohibition shall not apply to any non-stormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to the discharger
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and administered under the authority of the United States Environmental
Protection Agency (EPA), provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any discharge
to the storm drain system.
(b) Illicit connections. The construction, use, maintenance or continued existence of illicit
connections to the storm drainage system is prohibited and subject to the following:
(1) This prohibition expressly includes, without limitation, illicit connections made
in the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
(2) A person is in violation of this division if the person makes an illicit connection
conveying sewage to the MS4, or allows such a connection to continue.
(3) Illicit connections in violation of this division must be disconnected and
redirected, if necessary, to an approved on-site wastewater management system
or the sanitary sewer system approved by the city.
(4) Any drain or conveyance that has not been documented in plans, maps or
equivalent, and which may be connected to the storm drainage system, shall be
located by the owner or occupant of that property upon receipt of written notice of
violation from the city requiring that such locating be completed. Such notice will
specify a reasonable time period within which the location of the drain or
conveyance is to be determined, that the drain or conveyance be identified as
stone sewer, sanitary sewer or other, and that the outfall location or point of
connection to the storm sewer system, sanitary sewer system or other discharge
point be identified. Results of these investigations are to be documented and
accurate drawings prepared by a qualified contractor or surveyor provided to the
city.
(c) Pet Waste Management
(1) All pet owners and keepers are required to immediately and properly dispose
of their pet’s solid waste deposited on any property, public or private, not owned
or possessed by that person.
(d) Salt Storage
(1) All facilities storing salt must require the following:
(a) Designated salt storage areas must be covered or indoors.
(b) Designated salt storage areas must be located on an impervious
surface.
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(c) Implementation of practices to reduce exposure when transferring
material.
SECTION 4. Hopkins City Code, Part II, Chapter 40, Division 2, Section 40-289 is hereby
amended by adding the double-underlined language as follows:
Sec. 40-289. Industrial or construction activity discharge compliance.
(a) Any person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of such permit. This includes
compliance with the standards established by the Minnesota Pollution Control
Agency’s NPDES/SDS Industrial Activity Permit (MNR050000), the Construction
Stormwater General Permit MNR100001 (CSW Permit), and the Small Municipal
Separate Storm Sewer Systems General Permit MNR040000 (MS4 Permit). Proof
of compliance with the permit may be required in a form acceptable to the city prior
to the allowing of discharges to the MS4.
SECTION 5. Hopkins City Code, Part II, Chapter 40, Division 2, Section 40-293 is hereby
amended by adding the double-underlined language and deleting the stricken language
as follows:
Any person violating any provision of this division is guilty of a misdemeanor.
(1) Warning notice. When the city finds that any person has violated, or continues to
violate, any provision of this division or any order issued hereunder, the city may serve
upon that person or business a written warning notice, specifying the particular violation
believed to have occurred and requesting the discharger to immediately investigate the
matter and to seek a resolution whereby any offending discharge will cease. Investigation
or resolution of the matter in response to the warning notice in no way relieves the alleged
violator of liability for any violations occurring before or after receipt of the warning notice.
Nothing in this subsection shall limit the authority of the city staff to take any action,
including emergency action or any other enforcement action, without first issuing a
warning notice.
(2) Notice of violation. Whenever the city finds a person has violated a prohibition or failed
to meet a requirement of this division, the authorized enforcement agency may order
compliance by written notice of violation to the responsible person.
a. The notice of violation shall contain:
1. The name and address of the alleged violator;
2. The address when available or a description of the building, structure or
land upon which the violation is occurring, or has occurred;
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3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to restore compliance
with this division and a time schedule for the completion of such remedial
action;
5. A statement of the penalty that shall or may be assessed against the
person to whom the notice of violation is directed;
6. A statement that the determination of violation may be appealed to the
city by filing a written notice of appeal within 30 days of service of notice of
violation; and
7. A statement specifying that, should the violator fail to restore compliance
within the established time schedule, the work will be done by a designated
governmental agency or a contractor and the expense thereof shall be
charged to the violator.
b. Such notice may require without limitation:
1. Monitoring, analyses, and reporting;
2. Elimination of illicit connections, or discharges, or pet waste;
3. The installation of proper salt storage facilities and implementation of proper
salt handling procedures.
34. Abatement of pollution and hazards;
45. Restoration of affected property;
56. Payment of fine to cover administrative and remediation costs;
67. Implementation of source control or treatment BMPs; and
78. Other actions as deemed necessary by the city.
SECTION 6. Hopkins City Code, Part III, Chapter 102 is hereby amended by adding the
double-underlined language after as follows:
102-1210 Stormwater Management
102-1210 (a) GENERAL PROVISIONS
(1) Findings. The city council finds that uncontrolled stormwater runoff and construction
site erosion from land development and land disturbing activities can have significant
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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.
(2) Purpose
a. The general purpose of the stormwater management regulations of this article
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 city resulting from construction
site erosion and post-construction stormwater runoff.
b. These regulations are further intended to meet the current construction site
erosion and sediment control and post-construction stormwater management
regulatory requirements for construction activity and small construction activity
(NPDES permit) as defined in 40 CFR part 122.26(b)(14)(x) and (b)(15),
respectively.
(3) Statutory Authorization. The stormwater management regulations of this article are
adopted pursuant to the authorization and policies contained in M.S.A. chs. 103B and
462; Minn. Admin. Rules 6120.2500—6120.3900, Minn. Admin. Rules chs. 8410, 8420.
(4) Engineering Design Guidelines. The latest version of the City of Hopkins
Engineering Design Guidelines is hereby incorporated into this article as if fully set forth
herein. The guidelines constitute the official guide for stormwater principles, methods,
and practices for proposed development and redevelopment activities.
(54) Applicability, Exemptions, Waivers
a. Approval Required Prior to Permit. Every application for a conditional use
permit that involves construction of a building, subdivision approval or a permit to
allow land disturbing activities must be accompanied by a stormwater pollution
prevention plan (SWPPP) and a stormwater management plan pursuant to this
chapter. No conditional use permit, subdivision approval or permit to allow land
disturbing activities shall be issued until approval of the SWPPP and the
stormwater management plan or a waiver of the \requirements has been
obtained in strict conformance with the provisions of this article. The provisions of
102-1210 (e) apply to all land, public or private, located within the city.
b. State 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.
c. Exemptions. The stormwater management regulations of article do not apply
to:
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1. 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 the ordinance from
which this article is derived;
2. Any land disturbing activity for which plans have been approved by the
watershed management organization and the city within 6 months prior to
the effective date of the ordinance from which this article is derived;
3. A lot for which a conditional use permit or building permit has been
approved on or before the effective date of the ordinance from which this
article is derived;
4. Installation of fence, sign, telephone and electric poles and other kinds
of posts or poles;
5. Waiver of plat, re-plat, platting of a developed lot, or a single lot division;
6. Construction of a single-unit to four-unit house;
7. An addition to an existing building that does not require a conditional
use permit;
8. Construction of a detached accessory building that does not require a
conditional use permit;
9. Emergency work to protect, life, limb or property; or
10. The improvements involve the enlargement of a building that is less
than ten percent of the total floor area of the existing building or 5,000
square feet, whichever is less.
d. Waivers. The city council, upon recommendation of the planning commission,
may waive any requirement of this article 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 stormwater conditions and the waiver
of such requirement will not adversely affect the standards and requirements set
forth in 102-1210 (b). 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 the standards and requirements set forth in 102-
1210 (b).
102-1210 (b) STORMWATER POLLUTION PREVENTION PLAN
(1) General. Development and implementation of the SWPPP shall comply with the
standards established by the Minnesota Pollution Control Agency’s NPDES/SDS
Construction Stormwater General Permit MNR100001 (CSW Permit), the MPCA’s Small
Municipal Separate Storm Sewer Systems General Permit MNR040000 (MS4 Permit),
Minnehaha Creek Watershed District (MCWD) Rules, and Nine Mile Creek Watershed
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District (NMCWD) Rules, all as applicable and as now constituted and from time to time
amended.
102-1210 (bc) STORMWATER MANAGEMENT PLANS
(1) General. If permanent stormwater management facilities are required for
improvements pursuant to this chapter, a written application for stormwater
management plan approval, along with the proposed stormwater 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 subject zone and adequate evidence showing that the
proposed use will conform to the standards set forth in this article. Prior to applying for
approval of a stormwater management plan, an applicant may have the stormwater
management plan reviewed by the appropriate department of the city.
102-1210 (d) APPLICATION PROCEDURES
(21) Required Information.
a. Two sets One set of clearly legible blue or black lined digital 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 (3)e (2)f. A bond will
be required in accordance with (3)d (2)e 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 one inch equals 100
feet.
b. Unless otherwise exempted by this article, an application for stormwater
management approval shall include the following as a condition for its
consideration:
1. A stormwater management plan; and
2. A maintenance agreement.
c. The stormwater management plan shall be prepared to meet the approval
standards of 102-1210 (d f) as well as the requirements within the city's
Engineering Design Guidelines; the maintenance agreement shall be prepared to
meet the requirements of 102-1210 (c e).
d. In lieu of preparation of a stormwater management plan, major single-family
residential projects and minor expansion projects may install a rain garden or
similar stormwater improvement as described in the city's Engineering Design
Guidelines.
(32) Process
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a. Plan Submittal. A stormwater management plan meeting the requirements of
102-1210 (b) All required plans, calculations, and other pertinent design
information shall be submitted by the planning department to the planning
commission for review in accordance with the approval standards of 102-1210
(d). The commission shall recommend approval, recommend approval with
conditions or recommend denial of the stormwater management plan. Following
planning commission action, the stormwater 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 stormwater
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 a delay caused or requested by the applicant.
b. Duration. Approval of a plan submitted under the provisions of this article 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 request within 30 days of receipt. Any plan may be
revised in the same manner as originally approved.
c. Conditions. A stormwater management plan may be approved subject to
compliance with reasonable conditions necessary to ensure that the
requirements contained in this article 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 or other public entity of certain lands or
interests therein.
d. Financial Security. The owner shall provide the city with financial security to
ensure the performance of the owner's obligations for construction site
management during construction. The financial security may be a letter of credit
in a form acceptable to the city or cash. The financial security must be provided
to the city before issuance of the permit. The city may use the financial security
to assure that the work is completed in accordance with the stormwater pollution
prevention plan and the provisions of this chapter. The financial security may
also be used by the city to eliminate any hazardous conditions associated with
the work and to repair any damage to public property or infrastructure that is
caused by the work. The amount of security shall be 125 percent of the
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estimated cost to accomplish compliance with the approved stormwater pollution
prevention plan. This shall be in addition to any other security performance
required by any other regulations in this Code. The estimated cost shall be
subject to approval by the city engineer. If at any time during the course of the
work this amount of security falls below 50 percent of the required security
deposit, the developer shall make another deposit in the amount necessary to
restore the cash deposit to the required amount. If the developer does not bring
the financial security back up to the required amount within seven days after
notification by the city that the amount has fallen below 50 percent of the required
amount the city may withhold scheduling of inspections and certificate of
occupancy or revoke the permit.
de. Performance Bond. Prior to approval of any stormwater 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 upon. 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 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
102-1210 (c e). The adequacy, conditions and acceptability of any agreement
and bond shall be determined by the city council or any official of the city as may
be designated by resolution of the city council.
ef. Fees. All applications for stormwater management plan approval shall be
accompanied by a process and approval fee, as established in chapter 14.
102-1210 (ce) MAINTENANCE AGREEMENTS
(1) Agreement
a. The responsible party shall enter into a maintenance agreement with the city
that documents all responsibilities for operation and maintenance of all
stormwater management and treatment practices constructed to meet
governmental requirements. 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.
b. 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, at a minimum:
1. Designate the responsible party, which shall be permanently
responsible for maintenance of the structural or nonstructural measures.
2. Pass responsibility for such maintenance to successors in title.
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3. Grant the city and its representatives the right of entry for the purposes
of inspecting all stormwater treatment practices as described in (1) and
(2).
4. 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.
5. Include a maintenance plan that contains, but is not limited to, the
following:
6a. Identification of all structural stormwater treatment practices.
7b. 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.
8c. Identification of the responsible party for conducting the
inspection, monitoring and maintenance for each practice.
9d. Identify a schedule and format for reporting compliance with the
maintenance plan to the city.
(2) Inspections
a. 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
National Pollutant Discharge Elimination System (NPDES) stormwater 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 stormwater treatment
practices.
b. When any new stormwater 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
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a property when the city has a reasonable basis to believe that a violation of this
article is occurring or has occurred, and to enter when necessary for abatement
of a public nuisance or correction of a violation of this article.
c. The director of public works, or designated representative, A designated city
representative shall inspect all stormwater management facilities during
construction, during the first year of operation and at least once every five years
thereafter during and post-construction per the schedule outlined in the city’s
MS4 Stormwater Pollution Prevention Program. The inspection records will be
kept on file at the public works department for a period of six years. It shall be the
responsibility of the applicant to obtain any necessary easements or other
property interests to allow access to the stormwater management facilities for
inspection and maintenance purposes.
(3) Record-Keeping. The responsible party shall make records of the installation and of
all maintenance and repairs of the stormwater treatment practices, and shall retain the
records for at least three years. These records shall be made available to the city during
inspection of the stormwater treatment practice and at other reasonable times upon
request.
(4) Failure to Maintain. 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 stormwater treatment practice in proper working condition. In the event that the
stormwater 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 the maintenance and repair of the
facility in an approved manner. After proper notice, the city may specially assess the
owners of the stormwater 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.
102-1210 (df) APPROVAL DESIGN STANDARDS
(1) General. Stormwater management plans Plans that fail to meet the approval
standards of this subsection may not be approved by the city council.
(2) Land Disturbing Activities. Projects with land disturbing activities of one acre or
greater or that are part of a common plan of development or sale that ultimately will
disturb greater than one acre shall meet the current requirements for stormwater
management as specified by the city's engineering design standards and state pollution
control agency the Minnesota Pollution Control Agency (MPCA) construction general
permit NPDES permits. This includes compliance with the standards established by the
Minnesota Pollution Control Agency’s NPDES/SDS Construction Stormwater General
Permit MNR100001 (CSW Permit) and the MPCA’s Small Municipal Separate Storm
Sewer Systems General Permit MNR040000 (MS4 Permit). All land disturbing activities
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within the city disturbing less than one 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 stormwater runoff control standards set forth in the NPDES General
Construction Permit for the following items: within the city's Engineering Design
Guidelines. The standards should follow the following requirements:
a. Erosion control prevention practices.
b. Sediment control practices.
c. Temporary sediment basins
d. Dewatering and basin draining.
ec. Inspection and maintenance.
fd. Pollution prevention management measures.
f. Final stabilization.
g. Training.
(3) Performance Criteria. Unless determined by the city 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
storm and runoff volumes, as detailed in the city's Engineering Design Guidelines as
follows:
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 stormwater 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.
a. Rate control. The peak rates for proposed improvements shall not increase
from existing conditions for the 2-, 10-, 100-year storm events, and the 100-year,
10-day snowmelt event. Peak rates shall be calculated using Atlas
14precipitation depths and storm distributions. The storm sewer conveyance
system shall be designed for a 10-year,24-hour storm event. The pond and pond
outlet structure shall handle the 100-year, 24-hour storm event.
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b. Water quality. At a minimum, proposed improvements must treat the water
quality volume as outlined in the MPCA’s Small Municipal Separate Storm Sewer
Systems General Permit MNR040000 (MS4 Permit).
(4) Stormwater Management Facility Design Standards. Stormwater detention
management facilities constructed in the city shall be designed according to the most
current technology as reflected in this article and the city's Engineering Design
Guidelines, to comply with the city’s Engineering Design Guidelines, and to comply with
the standards established by the Minnesota Pollution Control Agency’s NPDES/SDS
Construction Stormwater General Permit MNR100001 (CSW Permit), the MPCA’s Small
Municipal Separate Storm Sewer Systems General Permit MNR040000 (MS4 Permit),
Minnehaha Creek Watershed District (MCWD) Rules, and Nine Mile Creek Watershed
District (NMCWD) Rules, all as applicable and as now constituted and from time to time
amended.
(5) Wetlands.
a. Runoff shall not be discharged directly into wetlands without pre-settlement of
the runoff.
b. A protective buffer strip of natural vegetation must be retained in accordance
to the standards given within the city's Engineering Design Guidelines
established by Minnehaha Creek Watershed District (MCWD) Rules or Nine Mile
Creek Watershed District (NMCWD) Rules, as applicable and as now constituted
and from time to time amended.
c. Wetlands may 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.
(6) Steep Slopes. No land disturbing or development activities shall be allowed on
slopes of 18 percent or more.
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(7) Catchbasins. All newly installed and rehabilitated catchbasins directly upstream of
an outfall or stormwater management facilities 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.
(8) 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.
(9) Methodologies & Computations. Hydrologic models and design methodologies used
for the determination of runoff and analysis of stormwater management structures shall
be approved by the director of public works. Plans, specification and computations for
stormwater 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.
(10) Watershed & Groundwater Management Plans. Stormwater management plans
shall be consistent with adopted watershed management plans and groundwater
management plans prepared in accordance with M.S.A. §§ 103B.23, subd. l and
103B.255 respectively, and as approved by the state board of water soil resources in
accordance with state law.
(11) Easements. 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.
102-1210 (eg) DRAINAGE FACILITY PROTECTION
(1) General. No person shall apply fertilizer to or deposit grass clippings, leaves, or
other vegetative material on impervious surfaces, or within stormwater drainage
systems, natural drainage ways, or within wetland buffer areas.
(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.
(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 1,000 square feet. Annual application amount shall not
exceed one-half pound of phosphorus per 1,000 square feet of lawn area.
(4) Buffer Zone. Fertilizer application shall not be made within one rod (16½ feet) of any
wetland or water resource.
102-1210 (fh) ENFORCEMENT
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(1) Inspections
a. 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
b. 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 one half-inch. The city may conduct
inspections as needed to ensure that both erosion and sediment control and
stormwater 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 72 hours prior to the following required city
inspections:
1. Initial Inspection. When all erosion and sediment control BMPs are
installed. This inspection must be completed before a building permit can
be issued.
2. Project Complete Inspection. When the project is complete, including,
but not limited to, final grading, installation of all stormwater management
facilities, and final stabilization measures are complete. The one-year
warranty begins after inspector approves project.
3. Warranty Inspection. Completed one year later to confirm that
permanent site stabilization methods have been successful and vegetation
has been established.
c. 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:
1. There are delays of more than seven days in obtaining materials,
machinery, services or manpower necessary to the implementation of the
stormwater management plan as scheduled.
2. There are delays of seven days in land disturbing or filling activities or
soil storage.
3. 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
zoning administrator for review and approval before work can commence.
(1) Notification of SWPPP non-compliance
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a. Notice of Violation. If the city Inspector notices any non-compliance with the
SWPPP, correspondence will be provided to the responsible party indicating items
requiring correction and a date to complete corrective actions. The notice shall be in
accordance with (4)b of this section.
b. Notification of action on Financial Security. The city shall notify the applicant,
when the city is going to act on the financial securities part of this Ordinance. The
initial contact will be to a party listed on the application and/or the SWPPP. Forty-
eight hours after notification by the city or 72 hours after the failure of the erosion
control measures, whichever is less the city, at its discretion, may begin corrective
work.
c. Erosion off-site. If erosion breaches the perimeter of the site, the applicant shall
immediately develop a cleanup and restoration plan, obtain right-of-entry from the
adjoining property owner, and implement the cleanup and restoration plan within 48
hours of obtaining the adjoining property owner's permission. In no case, unless
written approval is received from the city, shall more than seven calendar days go by
without corrective action being taken. If in the discretion of the city, the applicant
does not repair the damage caused by the erosion, the city may do remedial work
required and charge the cost to the applicant.
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, prevention strategies, cleanup and repair must be immediate.
The applicant shall provide all traffic control and flagging required to protect the
traveling public during 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. Direct the correction of the deficiency by city forces or by a separate contract.
The issuance of a permit constitutes a right-of-entry for the city or its contractor to
enter upon the construction site for the purpose of correcting deficiencies in
erosion control.
4. All costs incurred by the city in correcting stormwater pollution control
deficiencies must be reimbursed by the applicant. 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 in section 1210 (f).
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5. If there is an insufficient financial amount, in the applicant's financial securities
as described in section 1210 (f), to cover the costs incurred by the city, 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.A. § 429.081 to
challenge the amount or validity of assessment
(2) Post-Construction Operation and Maintenance
(a) Notice of Violation: If a responsible party fails or refuses to meet the
requirements of the maintenance agreement, the city may issue a Notice of
Violation. The notice shall be in accordance with (4)b of this section.
(b) Action by City. If, after deadline set for completion of corrective action in Notice of
Violation, the responsible party still fails or refuses to meet the requirements of the
maintenance agreement, the city may correct a violation of the design standards or
maintenance needs by performing all necessary work to place the stormwater
treatment practice in proper working condition. After proper notice, the city may
specially assess the owners of the stormwater 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.
(c) Emergency action. If circumstances exist such that noncompliance with this
Ordinance poses an immediate danger to the public health, safety and welfare, as
determined by the city, the city may take emergency preventative action. The city
shall also take every reasonable action possible to contact and direct the applicant
to take any necessary action. Any cost to the community may be recovered from the
applicant's financial security.
(23) Right of Entry
a. Permit grants 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:
1. Enter the permitted site for the purpose of obtaining information,
examining records, or conducting investigations or surveys;
2. Bring such equipment on the site as is necessary to conduct such
surveys and investigations;
3. 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;
4. Inspect the stormwater pollution control measures;
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5. Sample and monitor any items or activities pertaining to stormwater
pollution control measures;
6. Correct deficiencies in stormwater and erosion and sediment control
measures consistent with the city's ordinances and the engineering
guidelines.
b. Search Warrants. If city employees have been refused access to any part of
the premises from which stormwater is discharged, and the employees are able
to demonstrate probable cause to believe that there may be a violation of this
article 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 article
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.
(34) Penalties
a. General. Any person, firm or corporation violating any provision of this article
shall be fined not less than $5.00 or more than $500.00 for each offense, and a
separate offense shall be deemed committed on each day during or on which a
violation occurs or continues.
b. Notice of Violation. When the city determines that an activity is not being
carried out in accordance with the requirements of this article, 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 article 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.
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.
c. 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
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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 article.
d. 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 article
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.
e. 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.
(45) Appeals. Any person aggrieved by the action of any official charged with the
enforcement of this article 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 this code 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.
SECTION 7. The effective date of this ordinance shall be the date of publication.
First Reading: March 21, 2023
Second Reading: April 4, 2023
Date of Publication: April 13, 2023
Date Ordinance Takes Effect: April 13, 2023
By:
____________________________
Patrick Hanlon, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk
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