Lindstrom's Erosion Control Ordinance

City of Lindström
BUILDING SITE MAINTENANCE

Lindstrom's Stormwater Management Ordinance

Lindstrom's Erosion Control Ordinance

Subd. 15. Erosion Control Required.

A. A property owner or contractor who removes substantial vegetative growth, excavates for a building foundation, or adds soil backfill on property within the city shall take the necessary precautions, outlined below, to prevent soil erosion, damage to adjacent property and control of surface water runoff. The City may impose additional erosion control requirements if, in the opinion of a city official, said measures are necessary to protect adjacent properties and control surface water runoff.

1. For new construction, appropriate erosion control measures shall be taken throughout the construction process. They include but are not necessarily limited to the use of erosion control fences, staked hay bales, wood fiber blankets, seeding and/or mulch. Other techniques or combinations of the above may be used. The erosion control measures shall be maintained throughout construction and until such time as the property has been either sodded or a seeded vegetative cover has taken hold.

2. No soil surface or spoil banks shall remain exposed without a protective cover to prevent erosion for a period longer than 30 days. All spoil banks from excavation or fill placed on a lot shall be graded within 30 days of excavation or placement. The owner or contractor is urged to grade the lot as soon as possible and to employ the necessary erosion control practices.

3. All areas disturbed by excavation and backfilling operations which expose soil shall be compacted, sodded or re-seeded immediately after the lot is graded. Seed shall be a blend of rye grass or other fast germinating seed in addition to perennial grasses suitable for the soil and the exposure of the area to sunlight. All seeded areas shall be mulched and disc anchored as necessary for erosion protection and seed retention. The Contractor should recognize that time is of the essence in controlling erosion

4. Appropriate steps must be taken to minimize the amount of mud and sediment leaving a building site. Therefore, a pad and/or drive way area consisting of granular material such as trap rock, or class five gravel shall be placed over the entire length and width of the proposed driveway location immediately after the basement and/or footing excavation is completed and prior to work beginning on the foundation. If said pad/drive way is not in place, said project shall be "red tagged" until said pad is in place. The granular material placed shall be of sufficient quantity, width and dept to prevent the underlying soil from being tracked from the site. Thence forward, access to the lot will be limited to this single access point.

5. Mud and/or sediment carried onto city streets from the building site prior to the close of each work day.

6. Failure to comply with the any of the above requirements will result in the issuance of a "red tag" halting construction until the project area is brought into compliance. Failure to remedy the situation within a reasonable time determined by the city will result in the issuance of a citation for violation of this subdivision. Failure to have erosion control measures in place may also result in denial of a certificate of occupancy for the structure under construction.

B. Any person and/or contractor who violates any provision of this Section 1001.15, Subdivision 15, shall, upon conviction, be guilty of a misdemeanor.

(Agreement required to be signed with each new home building permit)

EROSION CONTROL AGREEMENT

- City of Lindstrom -

Name ____________________________ Work Phone ______________________

Work Site Address _______________________ Home Phone _________________

Type of work: _______________________________________________________

The undersigned hereby acknowledges they have read the information below regarding the erosion control measures required by the city for all projects where a property owner and/or contractor removes substantial vegetative growth from any property within the city of Lindstrom. The undersigned further acknowledges that he/she is the responsible party and hereby agrees to make sure the necessary precautions, outlined below, will be taken to prevent damage to adjacent property and control of surface water runoff. The undersigned understands that the city may impose additional erosion control requirements if, in the opinion of a city official, said measures are necessary to protect adjacent properties and control surface water runoff.

1. Appropriate erosion control measures will be taken throughout the construction process. They include but are not necessarily limited to the use of erosion control fences, staked hay bales, wood fiber blankets, seeding and/or mulch. Other techniques or combinations of the above may be used. The measures will be maintained throughout construction and until the property has been either sodded or a seeded and cover has taken hold.

2. No soil surface or spoil bank will remain exposed without a protective cover for a period longer than 30 days. All spoil banks from excavation or fill placed on a lot shall be graded within 30 days of excavation or placement. We will grade the lot as soon as possible and employ erosion control practices.

3. All areas disturbed by excavation and back filling operations which expose soil shall be compacted, sodded or re-seeded immediately after the lot is graded. Seed shall be a fast germinating seed with perennial grasses suitable for the soil and the exposure of the area to sunlight. All seeded areas shall be mulched and disc anchored as necessary for erosion protection and seed retention. The undersigned recognizes that time is of the essence in controlling erosion.

4. A drive way area consisting of granular material such as trap rock, or class five gravel of sufficient quantity, width and depth to prevent the underlying soil from being tracked from the site will be placed over the entire length and width of the proposed driveway location immediately after the basement and/or footing excavation is completed and prior to work beginning on the foundation. Access to the lot will be limited to that drive.

5. Mud and/or sediment carried onto city streets from the building site will be removed from said street prior to the close of each work day.

I further understand that failure to abide by the above regulations may result in the issuance of a "stop work" order at the building site or other measures deemed appropriate by the City. I also hereby certify that I am authorized to sign this document on behalf of the building permit applicant.

Signature: _____________________________ Date: ___________________

(Section regarding erosion control in the city's Developer's Agreement)

11. Erosion Control. The Developer shall comply with the erosion control elements in the final construction plans and specifications or separate plans as set forth in Exhibit C attached hereto for the prevention of damage to adjacent property and control of soil erosion and surface water runoff. As the Development

progresses, the City may impose additional erosion control requirements if, in the opinion of the City Engineer, they would be useful. The Developer shall comply with the erosion control plans. The following additional requirements are hereby mandated for each building site within the subdivision:

A. Erosion control fences shall be placed around each lot as it is being constructed. In addition, a minimum of four feet (4') of sod shall be placed to extend between the edge of the street/back of the curb and the front yard erosion control fence. The erosion control fencing and sod shall be maintained throughout construction and until such time as the property has been either completely sodded or, in the alternative, seeding of the entire parcel has been established.

B. When a property is graded, all exposed soils shall be seeded with a fast growing grass (rye grass) to provide temporary cover during the development process.

C. A pad and/or driveway area consisting of trap rock, or class five gravel shall be placed at the entrance of a building site immediately after the foundation has been backfilled so that mud and sediment will be partially removed from tires and not end up on city streets. Access to the lot will be limited to this single access point.

D. The contractor shall take reasonable efforts to remove mud and sediment carried onto city streets from the building site prior to the close of each work day.

E. Additional erosion controls may be required by the City. Failure to comply with any of the above requirements will result in the issuance of a stop workorder halting construction until the project area is brought into compliance with the erosion control provisions of this agreement or in the alternative and at the City's sole discretion, the City may immediately draw on a portion of all of the Letter of Credit based on the Engineers estimate of costs for erosion control notwithstanding the provisions of Section 18 of this Agreement.

The parties recognize that time is of the essence in controlling erosion.

Lindstrom's Stormwater Management Ordinance

Statutory Authorization. This ordinance is adopted pursuant to Minnesota Statutes Section 462.351.
Definitions. For the purposes of this ordinance, the following terms, phrases, words, and their derivatives must have the meaning stated and will be included in the Definitions Section of the City of Lindstrom Zoning Ordinance. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "must" are always mandatory and not merely directive.

Applicant Any person or entity that applies for a building permit, subdivision approval, or a permit to allow land disturbing activities. Applicant also means that person's agents, employees, and others acting under this person's direction.

Best Management Practices (BMP’s) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. (Examples of BMP’s can be found in the current versions of the Minnesota Pollution Control Agency’s publications, "Protecting Water Quality in Urban Areas," and, "Storm-Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on Wetlands," the United States Environmental Protection Agency’s, "Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices," (as a reference for BMP’s) and the Minnesota Department of Transportation’s, "Erosion Control Design Manual.")

Buffer A protective vegetated zone located adjacent to a natural resource, such as a water of the state that is subject to direct or indirect human alteration. Acceptable buffer vegetation includes preserving existing predevelopment vegetation and/or planting locally distributed native Minnesota trees, shrubs and grassy vegetation. Alteration of such areas is strictly limited. Buffer areas are designated with permanent signs. (Commentary: As a plant species selection guide of what species not to plant the Minnesota Department of Natural Resources’ Minnesota Rules chapter 6216 contains a list of exotic prohibited, regulated, unlisted and unregulated plant species.)
Developer A person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity.
Discharge The conveyance, channeling, runoff, or drainage, of storm water, including snowmelt, from a construction site.
Energy Dissipation This refers to methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to; aprons, riprap, splash pads, and gabions that are designed to prevent erosion.
Erosion Any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by the activities of people and nature.
Erosion Control Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing.
Erosion and Sediment Practice Specifications or Practice The management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by either the city, county or local watershed group, whichever is more stringent.
Exposed Soil Areas All areas of the construction site where the vegetation (trees, shrubs, brush, etc.) has been removed. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. It does not include stockpiles or surcharge areas of sand, gravel, concrete or bituminous.
Filter Strips A vegetated section of land designed to treat runoff as overland sheet flow. They may be designed in any natural vegetated form from a grassy meadow to a small forest. Their dense vegetated cover facilitates pollutant removal and infiltration.
Final Stabilization Means that all soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of seventy-five (75) percent of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been employed. Simply sowing grass seed is not considered stabilization.
Hydric Soils Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
Hydrophytic Vegetation Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
Land Disturbance Activity Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within this government’s jurisdiction, including clearing & grubbing, grading, excavating, transporting and filling of land. Within the context of this rule, land disturbance activity does not mean:
o-1. Minor land disturbance activities such as home gardens and an individual’s home landscaping, repairs, and maintenance work.
o-2. Construction, installation, and maintenance of electric, telephone, and cable television, utility lines or individual service connection to these utilities, which result in creating under five thousand (5,000) square feet of exposed soil.

o-3. Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural crops.

o-4. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles which result in creating under five thousand (5,000) square feet of exposed soil. 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.
Paved Surface A constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots.
Permanent Cover Means "final stabilization." Examples include grass, gravel, asphalt, and concrete.
Runoff Coefficient The average annual fraction of total precipitation that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff.
Sediment The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest on the earth's surface either above or below water level.
Sedimentation Sedimentation means the process or action of depositing sediment caused by erosion.
Sediment Control The methods employed to prevent sediment from leaving the development site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins.
Soil The unconsolidated mineral and organic material on the immediate surface of the earth. For the purposes of this document stockpiles of sand, gravel, aggregate, concrete or bituminous materials are not considered "soil" stockpiles.
Stabilized The exposed ground surface after it has been covered by sod, erosion control blanket, rip rap, or other material that prevents erosion from occurring. Simply sowing grass seed is not considered stabilization.
Storm Water Under Minnesota Rule 7077.0105, subpart 41b storm water, "means precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage." (According to the Federal Code of Regulations under 40 CFR 122.26 [b][13], "Storm water means storm water runoff, snow melt runoff and surface and drainage.")
Storm Water Pollution Control Plan A joint storm water and erosion and sediment control plan that is a document containing the requirements of Section 4, that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution and sediment damages.
Temporary Protection Short term methods employed to prevent erosion. Examples of such protection include; straw, mulch, erosion control blankets, wood chips, and erosion netting.
Urban Of, relating to, characteristic of, constituting a city.
Vegetated or Grassed Swales A vegetated earthen channel that conveys storm water, while treating the storm water by biofiltration. Such swales remove pollutants by both filtration and infiltration.
Waters of the State As defined in Minnesota Statutes section 115.01, subdivision 22 the term ". . . "waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof." (Commentary: Under Minnesota Rules 7050.0130, subpart F constructed wetlands designed for wastewater treatment are not waters of the state. Also see the definition of "wetlands.")
Wet Detention Facility A permanent man-made structure for the temporary storage of runoff that contains a permanent pool of water.

Findings. Lindstrom hereby finds that uncontrolled and inadequate 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.
Purpose. The purpose of this ordinance is to promote, preserve and enhance the natural resources within Lindstrom 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.
Applicability. Every applicant applying for a permit to allow land disturbing activities of 1 acre or greater must submit a storm water management plan to the City Engineer. No building permit, subdivision approval or development permit to allow land disturbing activities may 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 provisions of this ordinance.
Exemptions. The provision of this ordinance 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 the effective date of this ordinance.
2. A lot for which a building permit has been approved on or before the effective date of this ordinance.
3. Installation of fence, sign, telephone cable television, electric poles and other kinds of posts or poles, utility lines or service connections to these utilities which result in creating under five thousand (5,000) square feet of exposed soil.
4. Emergency work to protect life, limb or property and emergency repairs, unless the land disturbing activity would have otherwise 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.
  7. Storm Water Management Plan Approval Procedures.
  
  At a minimum, the storm water management plan must contain the following information:
  
  a. Existing Site Map.
  
  A map of existing site conditions showing the site and immediately adjacent areas including:
  
  a-1) The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheet.
  
  a-2) Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving such information as the streets and number of adjoining roads, railroads, utilities, subdivisions, towns and districts or other landmarks.
  
  a-3) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than 2 feet. (Use urban sea level as a base).
  
  a-4) 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 wetlands by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency and/or United States Corp of Engineers.
  
  a-5) Delineation of ordinary high water mark of lakes.
  
  a-6) Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying and receiving stream, river, public water or wetland and setting forth those areas of the unaltered site where storm water collects.
  
  a-7) A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable.
  
  a-8) Vegetative cover and clearly delineating any vegetation proposed for removal.
  
  a-9) 100 year floodplains, flood fringes and floodways.
  
  b. Site Construction Plan.
  
  A site construction plan must contain the following information:
  
  b-1) Location and dimension of all proposed land disturbing activities and any phasing of those activities.
  
  b-2) Locations and dimensions of all temporary soils or dirt stockpiles.
  
  b-3) Location and dimension of all construction site erosion control measures necessary to meet the requirements of this ordinance.
  
  b-4) Schedule of the starting and completion date of each land disturbing activity including the installation of construction site erosion control measures for each phase.
  
  b-5) Provisions for maintenance of the construction site erosion control measures during construction.
  
  c. 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:
  
  c-1) Finished grading shown at contours at the same interval as provided on the existing site map indicating the relationship of proposed changes to existing topography and remaining features.
  
  c-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 that will be added to the site as part of the development.
  
  c-3) A drainage plan of the developed site delineating the direction and rate of storm water from the site and the areas of where storm water will be allowed to collect.
  
  c-4) The size, alignment and intended use of any structures to be erected on the site.
  
  c-5) A delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used.
  
  c-6) Any other information necessary for the review of the project plan.
8. Plan Review Procedure.

9. Process.

Storm water management plans meeting the requirements of Section 6 must be submitted by the City Engineer to the Planning Commission for review in accordance with the standards in this section.

10. Duration.

Plan approval will expire one year after 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 City Engineer 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 year. Receipt of any request for extension shall be acknowledged by the City Administrator within 15 days. The City Administrator shall make a decision on the extension within 45 days of receipt. Any plan may be revised in the same manner as originally approved.

11. Conditions.

A storm water management plan may be approved subject to compliance with conditions reasonable and necessary to insure that the requirements of this ordinance 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 insure buffering and require the conveyance to the city or other public entity of necessary lands or easements.

12. Performance Bond.
1. An irrevocable letter of credit or other form of security acceptable to the City shall be required to cover the amount of the established cost of complying with the conditions in an amount of no less than $3000.00 per gross acre or $1500.00 for each single or twin family home or equivalent, whichever is greater and as calculated by the City Engineer. The bond must guarantee completion and compliance with conditions within a specific time and may be extended in accordance with this section. This security must be available prior to commencing the project.
2. The city may request a greater financial security, if the city considers that the development site is especially prone to erosion or the resource to be protected especially valuable.
3. Maintaining the Financial Security. If at anytime during the course of the work this amount falls below 50% of the required deposit, the developer shall make another deposit in the amount necessary to restore the deposit to the required amount.
4. If the developer does not bring the financial security back up to the required amount within seven (7) days after notification by the city that the amount has fallen below 50% of the required amount the, city may:
  d-1)Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy.
  d-2) Revoke any permit issued by the city to the applicant for the site in question and any other of the applicant’s sites within the city’s jurisdiction.
5. Proportional Reduction of the Financial Security. When more than half of the development’s exposed soil area achieves final stabilization, the city can reduce the total required amount of the financial security by half, if recommended by the city engineer or building official.
6. Action Against the Financial Security. The city may act against the financial security if any of the conditions listed below exist. The city shall use funds from this security to finance remedial work undertaken by the city or a private contractor under contract to the city and to reimburse the city for all direct cost incurred in the process of remedial work including, but not limited to, staff time and attorney's fees.
  f-1. The developer ceases land disturbing activities and/or filling and abandons the work site prior to completion of the grading plan.
  f-2. The developer fails to conform to the grading plan and/or the storm water pollution control plan as approved by the city.
  f-3. The techniques utilized under the storm water pollution control plan fail within one year of installation.
  f-4. The developer fails to reimburse the city for corrective action taken under Section 8.
7. Returning the Financial Security. Any unspent amount of the financial security deposited with the city for faithful performance of the storm water pollution control plan and any storm water and pollution control plan related remedial work must be released one full year after the completion of the installation of all storm water pollution control measures as shown on the grading and/or the storm water pollution control plan and establishment of final stabilization.
13. Fees.
All applications for a storm water management plan approval must be accompanied by a processing and approval fee as determined by resolution of the City Council an escrow account may be required by the Zoning Administration to pay for actual engineering costs incurred by the City Engineer.

14. Approval Standards.
a. No storm water management plan that fails to meet the standards in this section shall be approved. At a minimum these pollution abatement control practices must conform to those in the current version of the Minnesota Pollution Control Agency’s publication, "Protecting Water Quality in Urban Areas".

b. Site Dewatering.
Water pumped from the site including temporary sedimentation basins, grit chambers, sand filters, up-flow chambers, hydro-cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels of a wetland.

c. Waste and Material Disposal.
All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system.

d. Tracking.
Graveled roads, access drives and parking areas must be of sufficient width and length to prevent sediment from being traced onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday.

e. Drain Inlet Protection.
All storm drain inlets must be protected during construction until control measures are in place with a straw bale, silt fence or equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas".

f. Site Erosion Control.
The following criteria (1 through 4) apply only to construction activities that result in runoff leaving the site.

f-1) Channelized runoff from adjacent areas passing through the site must be diverted around disturbed areas, if practical. Otherwise, the channel must be protected as follows: Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall be diverted around disturbed areas, unless shown to have resultant runoff of less than 0.5 ft.3/sec. across the disturbed area for a one year storm event. Diverted runoff must be conveyed in a manner that will not erode the conveyance and receiving channels.

f-2)All activities on the site must be conducted in a logical sequence to minimize the area of bare soil at any one time.

f-3) Runoff from the entire disturbed area on the site must be controlled by meeting either 1 and 2 or 1 and 3 of this section.

f-3-a) All disturbed ground left inactive for fourteen or more days must be stabilized by seeding or sodding or by mulching or covering or other equivalent control measures.

f-3-b) For sites with more than ten acres disturbed at one time, or if a channel originates in the disturbed area, one or more temporary or permanent sedimentation basins must be constructed. Each sedimentation basin must have a surface area of at least one percent of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment must be removed to maintain a depth of three feet. The basin discharge rate must also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.

f-3-c) For sites with less than ten acres disturbed at one time, silt fences, straw bales or equivalent control measures must 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 must be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences, straw bales or equivalent control measures must include a maintenance and inspection schedule.

f-4) Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a down-slope drainage length of less than 25 feet from the toe of the storage pile to a roadway or drainage channel. If remaining for more than seven days, it must be stabilized by mulching, vegetative cover, tarps or other means. Erosion form piles that will be in existence for less than seven days must be controlled by placing straw bales or silt barriers around the storage pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control, if exposed for more than seven days the storm drain inlets must be protected with straw bales or other appropriate filtering barriers.

15. Storm Water Management Criteria for Permanent Facilities

a. An applicant must install or construct, on or for the proposed land disturbing or development activity, all storm water management facilities necessary to manage increased runoff so that the two-year, ten-year and 100-year storm peak discharge rates existing before the proposed development are not increased and accelerated channel erosion will not occur as a result of the proposed land disturbing or development activity. An applicant may also make an in kind or monetary contribution to the development and maintenance of the community storm water management facilities designed to serve multiple land disturbing and development activities undertaken by one or more persons, including the applicant.

b. The applicant must give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swamps 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.

c. The following storm water management practices must be investigated in developing a storm water management plan in the following descending order of preference:

c-1) Infiltrations of run-off on-site, if suitable soil conditions are available for use.

c-2) Flow attenuation by use of open vegetated swamps and natural depressions.

c-3) Storm water retention 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.

16. Design Standards.
Storm water detention facilities constructed in the city must be designed according to the National urban Runoff Program (NURP), wet basin design criteria and the urban best management practices as reflected in the MPC publication, "Protecting Water Quality in Urban Areas", and must contain, at a minimum, the following design factors.
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 of four to ten feet.
(COMMENTARY: An alternative to subsections (a) and (b) that the volume of permanent pool be equal to or greater than the runoff from a 2.0 inch rainfall for the fully developed site.)

c. A permanent pool length-to-width ratio of 3:1 or 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.

e. A protective buffer strip of vegetation surrounding the permanent pool at a minimum width of one rod (16.5 feet).

f. All storm water detention facilities must have a device to keep oil, grease and other floatable material from moving downstream as a result of normal operations.

g. Storm water detention facilities for the new development must be sufficient to limit peak flows in each subwatershed to those that existed before the development for the 10-year storm event. Also, calculations and hydrologic models used in determining peak flows must be submitted along with the storm water management plan.

h. All storm water detention facilities must have a forebay to remove coarse-grained particles prior to discharge into a watercourse or storage basin.

17. Wetlands.
a. Runoff must not be discharged directly into wetlands without presettlement of the runoff.

b. A protective buffer strip of natural vegetation at least one rod (16.5 feet) in width must surround all wetlands.

c. Wetlands must not be drained or filled, wholly or partially, unless replaced by wetland areas of at least equal public value. Replacement must be guided by the following principles in descending order of priority:

c-1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland.

c-2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation.

c-3) Rectifying the impact by repairing, rehabilitating or restoring the affected wetland environment.

c-4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity.

c-5) 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 described in the Wetland Conservation Act of 1991.

18. Steep Slopes.
No land disturbing or development activities are allowed on slopes of 18 percent or more.

19. Catch Basins.
All newly installed and rehabilitated catch basins 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.

20. 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 ration of water from the leaders must be controlled so no erosion occurs in the pervious areas.

21. Inspections and Maintenance.
All storm water management facilities must be designed to minimize the need of maintenance, to provide access for maintenance purposes and to be structurally sound. All storm water management facilities must have a plan of operation and maintenance that assures continued effective removal of pollutants carried in storm water runoff. The City Engineer, or designated representative, must 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 is the responsibility of the applicant to obtain any easements or property interests to allow needed access to the storm water management facilities for inspection and maintenance purposes.

22. Models/Methodologies/Computations.
Hydrologic models and design methodologies used for the determination of runoff and analysis of storm water management structures must be approved by the City Engineer. Plans, specifications and computations for storm water 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 the City Engineer.

23. Watershed Management Plans/Groundwater Management Plans.
Storm water management plans must be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with Minnesota Statues Section 103B.231 and 103B.255 respectively and as approved by the Minnesota Board of Water and Soil Resources.

24. 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.

25. Notification of Failure of the Storm Water Pollution Control Plan
The city shall notify the developer, when the city is going to act on the financial securities part of this ordinance.
1. Notification by the City. The initial contact will be to a party or parties listed on the application and/or the storm water pollution control plan. Forty-eight (48) hours after notification by the city or seventy-two (72) hours after the failure of erosion control measures, whichever is less the city, at its discretion, may begin corrective work.
2. Erosion Off-Site. If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within forty-eight (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 (7) 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 the remedial work required and charge the cost to the applicant.
3. 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 and entirely at the expense of the applicant. The applicant shall also pay all costs associated with traffic control and flagging required to protect the traveling public during the cleanup operations.
4. 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:
  d-1. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy.
  d-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.
  d-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.
  d-4. All costs incurred by the city in correcting storm water pollution control deficiencies must be reimbursed by the applicant. If payment is not made within thirty (30) days after costs are incurred by the city, payment will be made from the applicant’s financial securities as described in Section 7.
  d-5. If there is an insufficient financial amount, in the applicant’s financial securities as described in Section 7, 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 Minnesota Statute 429.081 to challenge the amount or validity of assessment.
26. Enforcement. The city shall be responsible enforcing this ordinance.
1. Penalties. Any person, firm, or corporation failing to comply with or violating any of these regulations, shall be deemed guilty of a misdemeanor and be subject to a fine or imprisonment or both. All land use and building permits must be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense.
  27. Right of Entry and Inspection
  1. Powers. The applicant shall allow the city and their authorized representatives, upon presentation of credentials to:
    a-1. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, surveys or investigations.
    
    a-2. Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations.
    
    a-3. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site.
    
    a-4. Inspect the storm water pollution control measures required by the city.
    
    a-5. Sample and monitor any items or activities pertaining to any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.
    
    28. Other Controls.
    In the event of any conflict between the provisions of this ordinance and other provisions of the Zoning Ordinance, the more restrictive standard prevails.