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