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828.35, 828.37, and 828.39 are being repealed.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 Medina Code Section 828.29 is being repealed and replaced in its entirety as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
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control measures taken arc not adequate and result in downstream sediment, the
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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
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