HomeMy Public PortalAbout353CITY OF MEDINA
ORDINANCE NO.353
An Ordinance Regulating
Construction Site Storm Water Runoff
The City Council of the City of Medina ordains as follows:
Section I. The Medina code of ordinances shall be amended by deleting the existing Section 828.29
in its entirety and adding a new section 828.29 as follows:
1. Section 828.29. Control of Construction Site Storm Water Runoff
Subd. 1. Purpose. Erosion and sedimentation from construction sites can lead to reduced
water quality and other environmental degradation. This ordinance is intended to
safeguard the public, protect property, and prevent damage to the environment. All land
disturbing activity within the city shall conform to the natural limitations presented by the
topography and soil to minimize the potential for soil erosion. Control of sediment is
required to prevent its migration to an adjoining property, roadway, catch basin, wetland
or watercourse.
Subd. 2. Erosion Control Plan. Prior to commencing any earth disturbing activity greater
than one acre or part of a common development greater than one acre, the owner shall
prepare and submit to the city an erosion control plan for approval by the city engineer.
The city shall review the plan for its compliance with the zoning ordinance, subdivision
regulations, and the requirements contained herein. The erosion and sediment control
plan shall contain a project narrative, a criteria section, and a site map. If the land
disturbed is less than one acre, a land use permit will be required. An erosion and
sediment control plan may be necessary according to site specific requirements or as
directed by city engineer.
Subd. 3. Required Erosion and Sediment Control Measures; Exposed Soil and
Construction Phasing Regulations.
(a) Development on slopes with a grade in excess of twelve percent shall be reviewed to
insure adequate measures have been taken to prevent erosion, sedimentation, and
structural damage.
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(b) Erosion and siltation control measures shall be coordinated with the different stages
of development. Appropriate control measures detailed on the land use permit shall
be installed prior to development when necessary to control erosion. Land shall be
developed in increments of workable size to ensure that adequate erosion and
sediment controls may be provided as construction progresses. The smallest
practical area of land shall be exposed at any one period of time.
(c) Whenever possible, natural vegetation shall be retained and protected.
(d) If the topsoil is removed, sufficient arable soil shall be set aside for re -spreading over
the developed area. The soil shall be restored to a depth of four inches and shall be
of a quality at least equal to the soil quality prior to development.
(e) Exposure of soil shall be for the shortest feasible period of time. No exposure shall
be planned to exceed 21 days. The time period may be extended only if the city is
satisfied that adequate control measures have been established and will remain in
place.
(f)
All soil and other types of stockpiles must be noted on the land use plan or erosion
control plan. The location of these stockpiles, and their surrounding issues, including
curb and gutter, stormwater conveyance, wetlands, creeks, other critical vegetation,
must also be noted. Stockpiles must be temporarily covered if not used within seven
days. The perimeter of stockpiles must also be protected with machine installed silt
fence and metal posts.
Subd. 4. Temporary Erosion and Sediment Control Regulations.
(a) Temporary vegetation or mulching shall be used to protect exposed areas during
development. No area shall be left denuded for a period longer than five days after
initial site grading or other land disturbing operations on slopes of 3:1 or steeper.
Such areas shall be mulched or stabilized with an erosion control blanket, sod, or
bonded fiber matrix acceptable to the city engineer.
(b) All sediment control fencing shall be installed prior to any land disturbing activity in
accordance with the erosion control plan or land use permit. All silt fence must be
properly installed and maintained. Maintenance shall occur immediately on any silt
fence which is compromised and whenever its capacity height reaches more than 1/3
of its capacity.
(c) Immediately after any catch basin, curb and gutter, or manhole is installed, temporary
and effective inlet protection must be installed and maintained. This must be done no
later than 24 hours after initial installation.
(d) All rock construction entrances must be installed with a minimum of 1 1/2" rock and
maintained during the duration of the project.
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(e) Land disturbing activity occurring after November 1st of any year must utilize special
erosion and sediment control measures approved by the city engineer. These
measures must be installed and maintained properly at the end of each work week.
(f) All temporary sedimentation ponds shall be installed and maintained to remove
sediment from runoff waters from the land undergoing development. The silt shall be
removed when necessary as directed by the city engineer. If sediment removal and
control measures taken are not adequate and result in downstream sediment, the
owner shall be responsible for cleaning out or dredging downstream storm sewers and
ponds as necessary.
Subd. 5. Permanent Erosion and Sediment Control Practices.
(a) Permanent vegetation and structures shall be installed within 30 days after completion
of initial grading. If grading is not competed until after the planting season has
expired, temporary erosion control measures, including dormant seeding and
mulching, shall be implemented.
(b) All permanent and temporary erosion and sediment control measures shall comply
with the installation and guidelines criteria adopted by the Minnesota Pollution
Control Agency's as best management practices (BMP).
Subd. 6. Inspection and Enforcement Procedures.
(a) The city will inspect all land disturbing projects. Projects shall generally be inspected
after every 'A" rain event or weekly (every 7 days) during the construction season.
During the winter months any active construction activity will be inspected on a
weekly (every 7 days) basis. Nothing herein shall relieve the owner of responsibility
for inspecting and maintaining the development site.
(b) The city may employ any of the following measures to ensure compliance with this
ordinance.
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(i) Fine. The city may impose a monetary fine for non-compliance with this
ordinance.
(ii) Non -monetary penalty. The city may require violators to perform restoration
work or implement a BMP in lieu of paying a fine.
(iii) Stop Work Order. A stop work order may be issued by the city when a land
use permit or erosion control plan has been violated. This may occur when
development is implemented in a manner found to adversely affect the health,
welfare, or safety of persons residing or working in the neighborhood or at
development sites, or when there is a risk of injury to persons or property.
(iv) Financial Surety. The city may require the owner to post a letter of credit or
similar surety to repair damage to temporary construction site erosion and
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sediment controls caused by storm flows, high winds, or fallen trees. The
city may draw upon the financial surety and perform any work necessary to
achieve compliance with the erosion control plan. The owner shall pay to the
city an administration fee for each violation of the erosion control plan or land
use plan. If the owner does not promptly pay the fee, the city may draw upon
the posted financial surety to pay the fee.
Subd. 7. Activities exempt from this ordinance.
Minor land disturbing activities, including home gardens, landscaping, repairs,
maintenance work, tilling, planting, or harvesting of agricultural, horticultural or
silviculture, are exempt from this ordinance.
Section II. This ordinance shall be effective upon its adoption and publication.
Adoption this 18th day of March, 2003 by the City of Medina.
Phi ► p K. Zietld/w, Mayor
ATTEST:
alof.,S�au,i
Chad M. Adams
Administrator -Clerk -Treasurer
Published this 7th day of April, 2003 in the Crow River News
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