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HomeMy Public PortalAbout446CITY OF MEDINA ORDINANCE NO.446 AN ORDINANCE AMENDING SECTION 828.29, REGARDING CONSTRUCTION SITE STORM WATER RUNOFF CONTROL The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 828.29 is amended by deleting the steii material and adding the underlined material as follows: 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: a) "Best Management Practices" or `BMPs" 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. b) "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. c) "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. e) "Erosion Prevention" means measures employed to prevent Erosion. Examples include, but are not limited to: soil stabilization practices, Ordinance No. 446 June 17, 2008 limited grading, mulch, temporary or Permanent Cover, and construction phasing. "Final Stabilization" means: i) 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 70 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; ii) 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 (B), 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 iv The Contractor must clean out all Sediment from conveyances and from temporary sedimentation basins that are to be used as permanent water quality management basins. Sediment must be Stabilized to prevent it from washin back into the basin conveyances or drainage ways discharging off -site or to surface waters. The cleanout of permanent basins must be sufficient to return the basin to desi u ca • acit . All draina . e ditches constructed to drain water from the site after construction is complete must be Stabilized to preclude Erosion; and All temporary synthetic and structural Erosion Prevention and Sediment Control BMPs (such as silt fence) must be removed as part of the Final Stabilization on the site. Ordinance No. 446 2 June 17, 2008 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. h) "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 city's jurisdiction, including, but not limited to, clearing, grubbing, grading, excavating, transporting and filling. i) "Owner" means the person or entity with a legal or equitable interest in the land on which the construction activities will occur. j) "Permanent Cover" shall mean "Final Stabilization." k) "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. 1) "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. n) "Storm Water" shall have the meaning given to it by Minnesota Rule 7077.0105, subpart 41(b). 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 Ordinance No. 446 3 June 17, 2008 q) bodies or accumulations of water, surface or underground, natural or artificial, public or private. "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. Any Land Disturbing Activity that is less than one acre that is being performed in connection with a building or grading permit that is issued by the city must adhere to subdivisions 7 and 9 of this ordinance, with the exception of the inspection and record keeping requirements of these subdivisions. Subd. 4. Exemptions. The following activities are exempt from the Storm Water Pollution Prevention Plan requirement of this ordinance: a) 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; b) Property for which a building permit has been approved by the city on or before the effective date of this ordinance; c) 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; d3 Any activity that disturbs less than one acre of land, unless it is part of a ..la of de eio nt that of eot.. el. i 4 dint.. . land that e) dl Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards; Routine agricultural crop management practices; Digging and filling of graves at a cemetery; or Refuse disposal sites controlled by other governmental regulations. 11) ga Ordinance No. 446 4 June 17, 2008 Subd. 5. Storm Water Pollution Prevention Plan Submittal Procedures. a) 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. b) 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; i) 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; ii) 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; Ordinance No. 446 5 June 17, 2008 iv) The location and dimensions of existing satorm eater 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 S collects; v) 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: i) 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 v) 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: i) 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; Ordinance No. 446 June 17, 2008 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; 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. a) Site Dewatering and Basin Draining: 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, sedimentation or flooding of the sit; of receiving channels ef-a or wetlands. b) Construction Site Waste: i) 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. Ordinance No. 446 7 June 17, 2008 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. iii) 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. iv External washing of any equipment shall be limited to a defined area of the site. All runoff must be contained. Waste must be disposed of properly. No engine degreasing shall be allowed on the site. All liquid and solid waste generated by any concrete washout operations on the site must be contained in a leak proof facility or impermeable liner. Concrete waste must not come into contact with the ground. No runoff from concrete washout operations or areas is permitted. Concrete waste must be disposed of properly and in compliance with applicable Minnesota Pollution Control regulations. c) Tracking: All roads, access drives and parking areas for the sitc must utilize a temporary tracking pad and 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. Temporary tracking pads must be installed and maintained in all locations on the site where vehicles enter and exit. d) Storm 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. e) Site Erosion Control: The following criteria shall apply only to construction activities that result in runoff leaving the site: i) 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: sheet=flow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resulted Ordinance No. 446 8 June 17, 2008 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, Sedimentation or flooding of the conveyance and receiving gels waters; ii) 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 cithcr both subsections A and a or both subse tions C and D through E of this subpart: A) All exposed soil areas within-t`Lo hundreed-lineal et of a S„rf 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:as soon as possible, but in no case any later than 14 days after construction activity on that portion of the site has temporarily or permanently ceased; Type of slope Time Steeper than 3:1 7 days 10:1 to 3:1 11 days Flatter than 10:1 21 days • The normal wetted perimeter of a temporary or permanent drainage ditch that drains water for the project site or diverts water around the project must be Stabilized. Stabilization must occur within 24 hours of connecting to a surface water; • Pipe outlets must have temporary or permanent energy dissipation within 24 hours of connection to a surface water; When possible, all slopes must be graded in such a fashion that any tracking marks made from heavy equipment are perpendicular to the slope in accordance with the city's engineering standards, detail ERO-22; and • Land Disturbance Activities that are one acre or greater that drain to a discharge point within the distance of a Special or Impaired Water as specified in the current version of the Minnesota Pollution Control Agency Construction Site Ordinance No. 446 9 June 17, 2008 General Permit must be Stabilized as soon as possible, but in no case later than seven days after construction activity in that portion of the site has temporarily or permanently ceased. Land Disturbance Activities that are less than one acre that drain to a discharge point within 1000 feet of a Special or Impaired Water must be Stabilized as soon as possible, but in no case later than seven days after construction activity in that portion of the site has temporarily or permanently ceased. Site Sediment Control: The following criteria shall apply only to construction activities that result in runoff leaving the site: Silt fences or equivalent control measures shall be placed on the downslope sides of the site and installed along the contour. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce the amount of Sediment reaching the channel. The use of silt fences or equivalent control measures must be properly maintained during construction activities. For sites that have more than ten 10 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, sedimentation or flooding along of the discharge channel or the receiving waters. C—) For sites with less than ten acres disturbed at one time, silt fencer er-l4 ..td hlte a e.bpl7 Nl i este e nenroe e sao a " csv.�wYv and downslides sides of the site. If a channel or area of eenoontrat-ff saes throughrthe -ssii e It f nces shall be placed along the channel edges to reduce Sediment reaching the shannel,The-ese-ef-silt fences or equivalent control measures must D) Any soil or dirt storage piles containing more than ten 10 cubic yards of material should not be located with a downslide downslope drainage length of less than twee 25 feet from Ordinance No. 446 10 June 17, 2008 the toe of the storage pile to a roadway or drainage channel. If remaining for more than seven 14 days, it shall be Stabilized. Erosion from piles which will be in existence for less than seven 14 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 twee 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative controls. Ifremaining for morethan days, the storm drain inlot3 must be protcctcd with an appropriatc filtering barrier. All downstream storm drain inlets must be protected with an appropriate inlet protection device. Site Restoration: All areas on the site that are disturbed during construction must be restored. The types of permanent restoration being used on the site shall be clearly shown on the plans including, but not limited to, sod, seed, impervious cover and structures. In areas where vegetation is to be established, at least six inches of topsoil must be used. In areas where vegetation will be maintained, the city encourages the use of a combination of topsoil and compost equivalent to six inches of topsoil. Areas in which the topsoil or topsoil/compost mixture has been placed and finish -graded or areas that have been disturbed and other grading., or site building construction operations are not actively underway must be temporarily or permanently restored as set forth in the following requirements: Areas that have a slope of less than 3:1 must be seeded and mulched within 14 days of the area not being actively worked. ii Areas that have a slope greater or equal to 3:1 must be seeded and Erosion control blankets must be placed in accordance with city engineering standard detail ERO-21 within 14 days of the area not being actively worked. All seeded areas must either be mulched and disc anchored, hydromulched, or covered by Erosion control blankets to reduce Erosion and protect the seed. Temporary or permanent mulch must be disc anchored and applied at a uniform rate of two tons per acre with at least 90 percent coverage. Special and Impaired Waters: Additional BMPs together with enhanced runoff controls are required for discharge from a site to Special and Impaired Water as defined by Appendix A of the Minnesota Pollution Control Agency General Storm Water Permit for Construction Activity, parts A, B and section 1 of part C. Ordinance No. 446 11 June 17, 2008 ii For areas of the site that drain to a discharge point that is within the distance as specified in the current version of the Minnesota Pollution Control Agency General Storm Water Permit for Construction Activity and drains to a Special or Impaired Water and the Land Disturbance Activity is one acre or greater in size, the BMPs identified in Appendix A, part C of the Minnesota Pollution Control Agency General Storm Water Permit for Construction Activity are required. Land Disturbance Activities that are less than one acre in size must comply with this requirement only if they are draining to a Special or Impaired Water and are within 1000 feet of that body of water. Subd. 8. Storm Water Pollution Prevention Plan Review Procedures. a) 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. 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 15 days of receipt. The city engineer shall make a decision on the extension request within foFty-f ve 45 days of receipt. c) 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 }gnsure 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. Inspection and Maintenance Requirements. a) The applicant shall be responsible at all times for the maintenance and proper operation of all Erosion Prevention and Sediment Control Ordinance No. 446 12 June 17, 2008 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 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. The applicant must inspect the construction project within 24 hours of a rainfall event of one-half inch or greater in a 24 hour period. All inspections and maintenance activities conducted on the site during construction must be recorded in writing and must be retained with the Storm Water Pollution Prevention Plan. Records of each inspection and maintenance activity shall include the following information: Date and time of inspection; ii Name(s) of persons conducting the inspection; Findings of inspections, including recommendations for corrective actions; iv Corrective actions taken, including the dates, times and the name of the party completing the corrective action; Date and the amount of rainfall events that are greater than one- half inch in a 24 hour period; and vi Documentation of any changes made to the Storm Water Pollution Prevention Plan. b) dl 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 a maximum of seven 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 Ordinance No. 446 13 June 17, 2008 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. All Erosion and Sediment BMPs must be inspected to ensure integrity and effectiveness. All nonfunctional BMPs must be repaired, replaced or supplemented with a functional BMP. The applicant shall investigate and comply with the following BMP inspection and maintenance requirements: All silt fences must be repaired, replaced or supplemented when they become nonfunctional or the Sediment reaches one third of the height of the fence. Repairs shall be made within 24 hours of discovery or as soon as field conditions allow access. ii Temporary and permanent sedimentation basins must be drained and the Sediment must be removed when the depth of the Sediment collected in the basin reaches one-half the storage volume. Drainage and removal must be completed within 72 hours of discovery or as soon as field conditions allow access. Surface water, including drainage ditches and conveyance systems, must be inspected for evidence of Sediment being deposited by Erosion. The applicant shall remove all deltas and Sediment deposited in surface waters, including drainage ways, catch basins, and other drainage systems and must restabilize the areas where Sediment removal results in exposed soil. The removal and stabilization must take place within seven days of discovery unless precluded by legal, regulatory or physical access constraints. In the event of an access constraint, the applicant shall use all reasonable efforts to obtain access. If access is precluded, removal and stabilization must take place within seven calendar days of obtaining access. The applicant is responsible for contacting all local, regional, state and federal authorities and obtaining any required permits prior to conducting any work. iv Construction site vehicle exit locations must be inspected for evidence of off -site Sediment tracking onto paved surfaces. Tracked Sediment must be removed from all off -site paved surfaces within 24 hours of discovery, or if possible, a shorter amount of time. Ordinance No. 446 14 June 17, 2008 v� The applicant is responsible for the operation and maintenance of temporary and permanent water quality management BMPs, as well as Erosion Prevention and Sediment Control BMPs for the duration of the construction work on the site. The applicant remains responsible until another party has assumed control over all areas of the site that have not been finally Stabilized or the site has undergone Final Stabilization and a NOT has been submitted to the Minnesota Pollution Control Agency. vi If Sediment escapes the construction site, off -site accumulations of Sediment must be removed in a manner and at a frequency sufficient to minimize off -site impacts. All infiltration areas must be inspected to ensure that no Sediment from ongoing construction activities is reaching the infiltration area and these areas are protected from compaction caused by construction equipment driving across the infiltration area. The applicant must ensure Final Stabilization of the project. The applicant must submit a NOT within 30 days of Final Stabilization being achieved, or another party assuming control on all areas of the project that have not achieved Final Stabilization. Subd. 10. Notification . a) The applicant shall notify the City at the following points during construction: i) 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. a) Notice of Noncompliance. In the event that any work on the site does not conform to the approved Storm Water Pollution Prevention Plan or any of the requirements listed in the provisions of this ordinance, the city Ordinance No. 446 15 June 17, 2008 engineer or his or her designee shall issue a written notice of noncompliance to the applicant detailing the corrective actions necessary for 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. b) 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. c) 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 Emergency action is required pursuant to subpart (d) listed below. d) 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. Ordinance No. 446 16 June 17, 2008 Misdemeanor. Any person who violates any provision of this section shall be guilty of a misdemeanor and shall be subject to a maximum fine or maximum period of imprisonment, or both, as specified by Minnesota Statutes Section 609.03. Each additional day that the property remains in violation of this section shall constitute a separate violation of this section and may be prosecuted accordingly. Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation of this section, including, but not limited to, seeking a civil injunction or a restraining order. Subd. 12. Right of Entry. a) Right of Entry and Inspection: The applicant shall allow the city and its authorized representatives, upon presentation of credentials to: i) Enter upon the site for the purpose of obtaining information, examination of records, conducting surveys or investigations; ii) 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. Ordinance No. 446 17 June 17, 2008 SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this 17 day of June, 2008. 1 v v-r T.M. Crosby, Jr., May ATTEST: Chad M. Adams, City Administrator Published in the South Crow River News this 27 day of June, 2008. Ordinance No. 446 18 June 17, 2008