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HomeMy Public PortalAbout400CITY OF MEDINA ORDINANCE NO.400 An Ordinance Related to Construction Site Storm Water Runoff Control; Repealing Sections 820.35, 820.37, 828.29, 828.31, 828.33, 828.35, 828.37 and 828.39, Amending Section 820.71 and adding new Section 828.29. The city council of the city of Medina ordains as follows: SECTION I. The existing Medina Code Sections 820.35, 820.37, 828.31, 828.33, 828.35, 828.37, and 828.39 are being repealed. SECTION II. Medina Code Section 820.71 is amended by deleting the strieken material and adding the underlined material as follows: Section 820.71. Unplatted Subdivision. The procedure for unplatted subdivisions is as follows: (a) Administration. The subdivider shall follow preliminary procedure set forth in Sections 820.19 through 820.21 of the subdivision regulations. (b) Data for Unplatted Subdivision. The subdivider shall submit the data required in Section 820.25, Subds. 1 and 2, with the exception of topographic data which shall be furnished upon request of the City Engineer. (c) Subdivision Design Features. The subdivider shall supply all information requested regarding layout and dimensions of lots; location and widths of all roadway easements; provision for surface water disposal, drainage, and flood control; and such other information as may be requested by the Zoning Administrator or Planning Commission. (d) Streets. All streets shall be private roadways subject to such public rights as may be required by the City. (e) Street Widths and Construction Specifications. Private roadway easements shall be 60 feet wide and roads shall conform to City construction specifications. (0 Lots. The lot dimensions shall be a minimum of 5 acres in size and conform to Section 820.29, Subd. 4 herein. (g) Drainage. The requirements of Section Q''�828.29 shall apply. Ordinance No. 400 1 March 6, 2006 (h) Park Dedication. The requirements of Section 820.31 shall apply to unplatted subdivisions of 10 acres in size or smaller. SECTION III. Medina Code Section 828.29 is being repealed and replaced in its entirety as follows: 828.29. Control of Construction Site Storm Water Runoff. Subdivision 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 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 tpie-city an erossion control plan f a al b,y the city -engine 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 critcria section, and a sitc 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 Mcsures; 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. (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. the developed arca. 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 Ordinance No. 400 2 March 6, 2006 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 ternporarily covered if not used within seven days. The perimeter of stockpiles rn st als be prete to with r ehire natal ea silt 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. bonded fiber matrix acceptable to the city engineer. accordance with the erosion control plan or land use permit. All silt fence must be f r e ..,,.: oa an Nvhe„ ve t-s , ,.it-„ lieight ehes n e 4ha , 43 of its capacity. and effective inlet protection must be installed and maintained. This must be done no later than 24 hours after initial installation. WI All rock construction entrances must be installed with a minimum of 1 'A" rock and maintained-dering-the-duratien-ef-die-prejeet, ( ) Land disturbing activity occurring after November 14 of any year must utilize special erosion and sediment control measures approved by the city engineer. These (D-A14—t-emper'aFy—aedirnentatien--ponds—shauzr ve—insta14eE n eaiiiev�te�ciiivve rerrrlien-neeessuryas Qir-eeteail-by-the-eity-engi-neer,--i€-sedirnent--ram control measures taken arc not adequate and result in downstream sediment, the P Subd. 5. Permanent Erosion and Sediment Control Practices. Ordinance No. 400 3 March 6, 2006 (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 mwsures, including dormant seeding and mulching, shall be implemented. with the installation and guidelines criteria-adepte set D^""tie 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 '/" 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(-evo,. s. N thiftg her-e;~ sl ,tto o „fr-esp nsih lity ordinance. (i) Fine. The city may impose a monetary fine for non compliance with this wee, (40-14en-nienetai-y-penallie-eity-tilay-r-eqeir-e-N4ektter-s-te-peffefm-r-est-eratien 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 ase pe t-er-erosion-eentre' veeftete . ,lo„ol,.fflient ; rlo,Y.e to o r f:,end to a&ersel-Y .,ff et the 1.eaki._ development sites, or when there is a risk of inju (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 scent-eentrels-eaused-by-stoi hews hi 1, < ~,ls r fallen --tree city may draw upon the financial surety and perform any work necessary to tx th--tine-eresiorr-eentre ;t. .,df str.,t; fo fn li el.,t; of the nt-rel r In r In~a use plan. If the owner does not promptly pay the fee, the city may draw upon the ~ ste f;~ nei l rot., ter the foe 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. Ordinance No. 400 4 March 6, 2006 828.29. Construction Site Storm Water Runoff Control Ordinance Subd. 1. Purpose. The purpose of this ordinance is to promote, preserve and enhance the natural resources within the City of Medina 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. This ordinance sets forth the following standards and procedures in order to control land disturbances and/or development activities that may impact water quality and/or impact environmentally sensitive land. Subd. 2. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: L4.1 "Best Management Practices" means 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, but not limited to, avoidance of impacts, construction -phasing, minimizing the length of time soil areas are exposed, or prohibitions or other management practices published by state or designated area -wide planning agencies. "Contractor" means the party who signs the construction contract or development agreement with the city to construct a project. Where the construction project involves more than one contractor, the general contractor shall be the contractor that is responsible pursuant to the obligations set forth in this ordinance. f_c_l "Dewatering" means the removal of water for construction activity such as the removal of temporary sediment basin water or appropriated surface or groundwater to dry and/or solidify a construction site. (d) "Erosion" means the wearing away of the ground surface as a result of the movement of wind, water, ice and/or land disturbance activities. fsj "Erosion Prevention" means measures employed to prevent Erosion. Examples include, but are not limited to: soil stabilization practices, limited grading, mulch, temporary or Permanent Cover, and construction phasing. Lf "Final Stabilization" means: 01 All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy percent of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed; Ordinance No. 400 5 March 6, 2006 For individual lots in residential construction by the Contractor, the Contractor must either: (A) complete Final Stabilization as specified above, or (B) establish temporary stabilization including perimeter controls for an individual lot prior to occupation of the structure. If the Contractor chooses 03), it must inform the Owner in writing of the need for, and benefits of, Final Stabilization; iii For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) Final Stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to Surface Waters and drainage systems and areas which are not being returned to their preconstruction agricultural use must meet the Final Stabilization criteria in subparts (i) or (ii) above. (g) "Impervious Surface" means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, parking lots, storage areas and concrete, asphalt, or gravel driveways or roads. al "Land Disturbing Activity" means 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 the citv's iurisdiction, including, but not limited to, clearing, grubbing, grading, excavating, transporting and filling. "Owner" means the person or entity with a legal or equitable interest in the land on which the construction activities will occur. "Permanent Cover" shall mean "Final Stabilization." Oil "Sediment" means 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. f jj "Sediment Control" means methods employed to prevent Sediment from leaving the 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. (m)"Stabilized" means the exposed ground surface after it has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blankets, or other material that prevents Erosion from occurring. Grass seeding is not considered stabilization. ill). "Storm Water" shall have the meaning given to it by Minnesota Rule 7077.0105, subpart 41(b). Ordinance No. 400 6 March 6, 2006 (o) "Storm Water Pollution Prevention Plan" means a plan for storm water discharge that includes Erosion Prevention measures and Sediment Controls that, when implemented, will minimize soil Erosion on a parcel of land and minimize off -site nonpoint pollution to the maximum extent practicable. (p) "Surface Water or Waters" means all streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, wells, reservoirs, aquifers, irrigation systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private. (q) "Temporary Erosion Protection" means short term methods employed to prevent Erosion. Examples of these methods include: straw, wood fiber blanket, wood chips and erosion netting. Subd. 3. Applicability. Every individual or entity applying for a permit to allow Land Disturbing Activities of one acre or greater, including activities on land that is part of a common plan for development that collectively will disturb land one acre or greater must submit a Storm Water Pollution Prevention Plan to the city engineer. No building permit, subdivision approval or development permit to allow Land Disturbing Activities shall be issued by the city until approval of the Storm Water Pollution Prevention Plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this ordinance. Subd. 4. Exemptions. The following activities are exempt from the Storm Water Pollution Prevention Plan requirement of this ordinance: Laj Any part of property located in a subdivision if the preliminary plat for the subdivision has been approved by the city council on or before the effective date of this ordinance; 021 Property for which a building permit has been approved by the city on or before the effective date of this ordinance; LO Installation of fence, sign, telephone, cable television, electric and other kinds of posts or poles, or utility lines or service connections to these utilities which result in creating under one acre of exposed soil; ttzli Any activity that disturbs less than one acre of land, unless it is part of a common plan of development that collectively will disturb land that is one acre or greater in size; Lej Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards; Lf Routine agricultural crop management practices; (g) Digging and filling of graves at a cemetery; or ail Refuse disposal sites controlled by other governmental regulations. Ordinance No. 400 7 March 6, 2006 Subd. 5. Storm Water Pollution Prevention Plan Submittal Procedures. La,) Submittal. Every individual or entity that has applied for a permit pursuant to this ordinance shall submit a Storm Water Pollution Prevention Plan to the city's zoning administrator in accordance with the requirements and approval standards set forth in subdivisions 6 and 7 of this ordinance. No building permit, subdivision approval or permit to allow Land Disturbing Activities shall be issued until the city engineer approves this Plan. If it chooses, the applicant may have the Storm Water Pollution Prevention Plan reviewed by the appropriate departments of the city prior to submitting the Plan. Financial Security and Fees. All Storm Water Pollution Prevention Plan submittals shall be accompanied by a letter of credit, or cash equal to the required escrow amount and a separate check for deposit for administrative fees. All escrow and administrative fee deposit amounts shall be determined annually by the city council through a resolution that adopts the city's fee schedule. Subd. 6. Storm Water Pollution Prevention Plan Requirements. At a minimum, the Storm Water Pollution Prevention Plan shall contain the following information: (A), The name and address of the applicant, a legal description of the site, north point, date and scale of drawing and number of sheets; (b) An existing site map: a map of existing site conditions showing the site and immediately adjacent areas, which shall include the following information; 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 names and numbers of adjoining roads, railroads, utilities, subdivisions and districts or other landmarks; Sii) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet; iii A delineation of all Surface Waters located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers; (iv) The location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating the direction and the rate the Storm Water is conveyed from the site, identifying the receiving stream, river, public water, or wetland and setting forth those areas of the unaltered site where Storm Water collects; Ordinance No. 400 8 March 6, 2006 tyj 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 which describes any remedial steps to be taken by the applicant to render the soils suitable; (vi) The location and type of vegetative cover on the site and clearly delineating any vegetation proposed for removal; and (vii) 100 year floodplain, flood fringes and floodways boundaries. (c) A site construction plan which shall include the following information: fp Locations and dimensions of all proposed Land Disturbing Activities and any phasing of those activities; ii Locations and dimensions of all temporary soil or dirt stockpiles; iii Locations and dimensions of all Erosion Prevention measures and Best Management Practices necessary to meet the requirements of this ordinance; (iv) Schedule of anticipated start and completion dates of each Land Disturbing Activity including the dates of installation of Erosion Prevention measures for each phase needed to meet the requirements of this ordinance; and ky) Provisions for maintenance of the Erosion Prevention measures prior to Final Stabilization. (d) A plan of final site conditions, which shall include the following information: fp Finished grading shown at contours at the same interval as provided on the existing site map to clearly indicate the relationship of proposed changes to the site's existing topography and remaining features; ii 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; iii A drainage plan of the developed site delineating in which direction and the rate Storm Water will be conveyed from the site and setting forth the areas of the site where Storm Water will be allowed to collect; (iv) The proposed size, alignments and intended use of any structures to be erected on the site: (v) A clear delineation and tabulation of all Impervious Surfaces to be installed on the site, including a description of the surfacing material to be used; Ordinance No. 400 9 March 6, 2006 (vi) Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project., and (vii) A copy of the applicant's Minnesota Pollution Control Agency's Permit for discharging Storm Water from construction activity (MN R100001). Subd. 7. Storm Water Pollution Prevention Plan Approval and Performance Standards. No Storm Water Pollution Prevention Plan that fails to meet the standards set forth in this ordinance shall be approved by the city. All of the following requirements shall be adhered to during the construction on the site. Laj Site Dewatering: Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate controls as appropriate. Water shall not be discharged in a manner that causes Erosion, scour or flooding of the site or receiving channels of a wetland. (b) Construction Site Waste: Lij Solid waste: All waste and unused building materials (including, but not limited to, collected Sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, demolition debris) must be disposed of properly and shall comply with disposal requirements as set forth by the Minnesota Pollution Control Agency. ii Hazardous/toxic materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharges. Access to storage areas for these materials must be restricted in order to prevent vandalism. All storage and disposal of hazardous or toxic materials must be in compliance with requirements set forth by the Minnesota Pollution Control Agency. filil Liquid waste: All other non Storm Water discharges (including, but not limited to, concrete truck washout, vehicle washing or maintenance spills) conducted during the construction activity shall not be discharged to any Surface Waters. Lg.) Tracking: All roads, access drives and parking areas for the site must be of sufficient width and length to prevent Sediment from being tracked onto public or private roadways and/or the Storm Water conveyance system. Drain Inlet Protection: All storm drain inlets must be protected by appropriate Best Management Practices during construction until all sources with potential for discharging to the inlet have been Stabilized. (0 Site Erosion Control: The following criteria shall apply only to construction activities that result in runoff leaving the site: Ordinance No. 400 March 6, 2006 10 tip Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as follows: sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resulted runoff rates of less than 0.5 feet per second across the disturbed area for a one hundred year storm event. Diverted runoff shall be conveyed in a manner that will not cause Erosion, scour, or flooding of the conveyance and receiving channels. All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time; iii Runoff from the entire disturbed area on the site shall be controlled by meeting either both subsections A and B or both subsections C and D of this subpart: (A) All exposed soil areas with a continuous positive slope within two hundred lineal feet of a Surface Water, must have Temporary Erosion Protection or Permanent Cover for the exposed soil areas for the entire year, according to the following table of slopes and time frames: Type of slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (B) For sites that have 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 shall be constructed. Each sedimentation basin shall have a surface area of at least one percent of the area draining to the basin, be at least three feet deep and be constructed in accordance with accepted design specifications. Sediment shall be removed on a regular basis in order to maintain a minimum depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause Erosion, scour, or flooding along the discharge channel or the receiving water. (C) For sites with less than ten acres disturbed at one time, silt fences or equivalent control measures shall be placed along all sidesteps and downslides sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce Sediment reaching the channel. The use of silt fences or equivalent control measures must be properly maintained during construction activities. Ordinance No. 400 March 6, 2006 11 (D) Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslide drainage length of less than twenty-five feet from the toe of the storage pile to a roadway or drainage channel. If remaining for more than seven days, it shall be Stabilized. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or silt fence barriers around the pile. In -street utility repair or construction soil or dirt storage piles located closer than twenty-five feet of a roadway or drainage channel must be covered with tarps or suitable alternative controls. If remaining for more than seven days, the storm drain inlets must be protected with an appropriate filtering barrier. Subd. 8. Storm Water Pollution Prevention Plan Review Procedures. La,) Process: Storm Water Pollution Prevention Plans meeting the requirements of this ordinance must be approved by the city engineer or his or her designated representative in accordance with the standards of this ordinance. 02) Duration: Storm Water Pollution Prevention Plan approval shall expire one year from the date of the city engineer's approval of the Plan unless construction has commenced. However, if prior to the date of 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 city engineer may grant one extension that shall not exceed one year. Receipt of any applicant's request for an extension shall be acknowledged in writing by the city engineer within fifteen days of receipt. The city engineer shall make a decision on the extension request within forty-five days of receipt. fsj Condition: A Storm Water Pollution Prevention Plan may be approved subject to compliance with conditions imposed by the city that are reasonable and necessary to insure that the requirements of this ordinance are met. Conditions that may be imposed include, but are not limited to: limiting the size, kind or character of the proposed improvements., requiring the construction of structures, drainage facilities, storage basins and other facilities; requiring replacement of vegetation; establishment of monitoring procedures; staging the work over a period of extended time; requiring alteration of the site's design to insure buffering; or requiring conveyance of necessary lands or easements to the city or other public entity. Subd. 9. Maintenance Requirements. fpj The applicant shall be responsible at all times for the maintenance and proper operation of all Erosion Prevention and Sediment Control measures. The applicant shall also inspect, maintain and repair all disturbed surfaces, Erosion Prevention measures, Sediment Control measures and soil stabilization measures on the site at least once each day that any work is performed on the site. If no work is performed on the site on a daily basis, the inspection, maintenance and repair by the applicant shall continue at least once every seven days, until the Land Disturbing Activity has Ordinance No. 400 12 March 6, 2006 ceased. Thereafter, the applicant shall continue perform these responsibilities at least once every seven days until Stabilization. The applicant shall maintain a record of all of its activities required by this subpart for inspection by the city upon request. If upon inspection of the site, the city finds that any private storm water management facilities or Erosion Prevention and Sediment Control measures require maintenance, repair, or replacement, but such deficiencies do not create a critical or imminent threat to adjacent properties, the environment, or other storm water facilities; the applicant shall be sent a written notice that includes the city's findings, what actions are required to correct the situation, and a date or dates by which such actions must be completed. The applicant shall have fifteen days from the date of the notice to reply to the city in writing indicating his or her response to the notice. If the applicant does not complete the necessary activities stipulated by the city in the notice by the date(s) set forth in the notice, the city council after notice and public hearing may order that such activities be completed by the city or its designated contractor and that all costs associated with such activities be charged to the applicant and may be drawn from the escrow amount. If the escrow amount is insufficient, the amount incurred by the city that is outstanding may be assessed by the city council by levying the amount upon the properties benefiting from and utilizing the storm water facilities that were maintained, repaired or replaced by the city. This amount may be certified by the city to the County Auditor of Hennepin County, Minnesota and shall be collected in the same manner as the collection of real estate taxes. Subd. 10. Notification and Inspection. Laj The applicant shall notify the City at the following points during construction: Li) Upon completion of the installation of perimeter Erosion and sedimentation controls; ii Upon completion of Land Disturbing Activities but before putting into place measures for final soil stabilization and Permanent Cover; iii When the site has been permanently Stabilized and Permanent Cover has been established; and (iv) When all Temporary Erosion Protection and Sediment Controls have been removed from the site. Subd. 11. Noncompliance and Enforcement Procedures. fpj Notice of Noncompliance. In the event work does not conform to the approved Storm Water Pollution Prevention Plan or requirements listed in the provisions of this ordinance, the city engineer or his or her designee shall issue a written notice of noncompliance to the applicant detailing the corrective actions necessary for Ordinance No. 400 13 March 6, 2006 compliance. The applicant shall conduct the corrective actions within the time period determined by the city and stated in the notice. If an imminent hazard exists, the city may require that the corrective work begin immediately. Stop Work Order. If corrective actions identified in the notice of noncompliance are not completed by the time period set forth by the city in the notice, the city engineer or his or her designee may issue an order for the city to stop all inspections required for land use or building permit approvals until all corrective actions identified in the notice of noncompliance are completed. The applicant shall notify the city engineer or his or her designee upon completion of the corrective action. Once the city engineer has verified that corrective action has been taken, he or she shall inform the city and the city shall resume inspections on the site no later than the following business day. Lg.) Action Against the Financial Securities. If the corrective action identified in the notice of noncompliance are not completed within the time specified in the notice, 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 any corrective or remedial work undertaken by the city or a contractor under contract to the city in order to reimburse the city for its costs incurred in the process of corrective work including, but not limited to, staff time and attorneys' fees. (i) The applicant ceases Land Disturbing Activities and/or filling and abandons the site prior to completion of the city -approved grading plan; (ii) The applicant fails to conform to the city -approved grading plan and/or the Storm Water Pollution Prevention Plan, or related supplementary instructions issued by the city; (iii)The techniques utilized under the Storm Water Pollution Prevention Plan fail within one year of installation., or (iv)Emergency action is required pursuant to subpart (d) listed below. Emergency Action. If circumstances exist such that noncompliance with this ordinance poses an immediate danger to the public health, safety or welfare, as determined by the city, the city may take emergency preventative action. Prior to taking emergency preventative action, the city shall attempt every reasonable measure possible to contact and direct the applicant to take the necessary action. Subd. 12. Right of Entry. La,) Right of Entry and Inspection: The applicant shall allow the city and its authorized representatives, upon presentation of credentials to: Ordinance No. 400 March 6, 2006 14 Enter upon the site for the purpose of obtaining information, examination of records, conducting surveys or investigations; fii) Bring such equipment upon the site as is necessary to obtain information, conduct surveys or investigations; (iii) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept pursuant to this ordinance; (iv) Inspect the Erosion control and Sediment Control measures required by the City or the Storm Water Pollution Prevention Plan; and (v) 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. SECTION IV. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this 6th day of March, 2006. Cit f Medina Attest: ruce . Workman, Mayor Chad M. Adams, City Administrator -Clerk Published in the South Crow River on the 27t day of March, 2006. Ordinance No. 400 March 6, 2006 15