HomeMy Public PortalAbout513 Ordinance Pertaining to the Management of Stormwater Adding Section 828.33 to the Medina Zoning OrdinanceCITY OF MEDINA
ORDINANCE NO. 513
An Ordinance Pertaining to the Management of Stormwater
Adding Section 828.33 to the Medina Zoning Ordinance
The City Council of the City of Medina, Minnesota Ordains as Follows:
SECTION I: Medina Code Section 828.33 is hereby created as follows:
Section 828.33. Stormwater Management
Subd. 1. Purpose
Land development projects, and associated increases in impervious cover, alter the hydrologic
response of local watersheds. Increases in stormwater runoff rates and volumes, flooding,
erosion, sediment transport and deposition, and water -borne pollutants can be controlled and
minimized through the regulation of stormwater runoff.
The purpose of this ordinance is to protect and safeguard the health, safety, and welfare of the
public by regulating stormwater runoff in order to protect local water resources from
degradation. This ordinance seeks to meet this purpose through the following objectives:
(a) minimize increases in stormwater runoff rates from any development in order to reduce
flooding, siltation and erosion and in order to maintain the integrity of stream channels,
(b) minimize increases in nonpoint source pollution caused by stormwater runoff from
development which would otherwise degrade local water quality,
(c) minimize the total annual volume of surface water runoff that flows from any specific site
during and following development so as not to exceed the predevelopment hydrologic
regime to the maximum extent practicable,
(d) ensure that these management controls are properly maintained and pose no threat to
public safety, and
(e) implement stormwater management controls to help meet current and future total
maximum daily load (TMDL) goals, to address the need to improve water quality, and to
meet objectives in the Local Surface Water Management Plan.
Subd. 2. Incorporation by Reference
The Medina Stormwater Design Manual, dated November 15, 2011, as it may be amended from
time to time, is hereby incorporated into this ordinance as if fully set forth herein. The Manual
shall serve as the official guide for stormwater principles, methods, and practices for proposed
development activities.
Ordinance No. 513
November 15, 2011
Subd. 3. Definitions
For the purpose of this ordinance, the following definitions describe the meaning of the terms
used in this ordinance:
(a) "Applicant" means a property owner or agent of a property owner who has filed an
application for a stormwater management approval.
(b) "Channel" means a natural or artificial watercourse with a definite bed and banks that
conducts continuously or periodically flowing water.
(c) "Impervious Area means those surfaces that cannot effectively infiltrate rainfall (e.g.,
building rooftops, pavement, sidewalks, gravel, driveways, swimming pools, etc.).
(d) "Land Disturbance Activity" means any activity that changes the volume or peak
discharge rate of stormwater runoff from the land surface. This may include the
grading, digging, cutting, scraping, or excavating of soil, placement of fill materials,
paving, construction, substantial removal of vegetation, or any activity that bares soil or
rock or involves the diversion or piping of any natural or fabricated watercourse.
(e) "Maintenance Agreement" means document recorded against the property which
provides for long-term maintenance of stormwater treatment practices.
(f) "Major Expansion Project" means any construction, alteration, or improvement which
disturbs one acre or more in area or which increases the Impervious Area by one-half
acre or more and where the existing land use is commercial, industrial, institutional, or
multi -family residential. For the purposes of this section, the area of disturbance when
repaving or reclaiming an existing paved surface shall only include those areas where
soil beneath the existing gravel base is disturbed.
(g) "Major Single-family Residential Project" means:
(i) Any subdivision, as defined by law, which result in one or two additional single-
family detached lots; or
(ii) Any construction, alteration, or improvement which: 1) disturbs one acre or more
in area and increases Impervious Area by more than 1,000 square feet; or 2)
increases Impervious Area by more than 5,000 square feet.
(h) "Minor Expansion Project" means any construction, alteration, or improvement which
increases the Impervious Area by more than 5,000 square feet and less than one-half
acre where the existing land use is commercial, industrial, institutional, or multi -family
residential.
(i) "New Development" means:
(i) Any subdivision, as defined by law. For the purposes of this section, a
subdivision creating less than three new single-family detached lots shall not be
considered New Development, but should instead be considered a Major Single-
family Residential Project.
(ii) Construction of a principal structure on an existing vacant lot. For the purposes
of this section, construction of a detached single-family home shall not be
considered New Development.
(iii) Redevelopment of a property which results in the removal of more than 50
percent of the market value of the principal structure and such removal is
followed by reconstruction. For the purposes of this section, redevelopment of a
single-family detached home shall not be considered New Development.
Ordinance No. 513 2
November 15, 2011
(j) "Nonpoint Source Pollution" means pollution from any source other than from any
discernible, confined, and discrete conveyances, and shall include, but not be limited to,
pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and
urban runoff sources.
(k) "Off -Site Facility" means a stormwater management measure located outside the
subject property boundary described in the permit application for land development
activity.
(1) "Responsible Party means the entity which will be responsible for ownership and
maintenance of Stormwater Treatment Practices.
(m) "Site" means:
(i) For New Development any tract, lot or parcel of land or combination of tracts, lots,
or parcels of land, which are in one ownership, or are contiguous and in diverse
ownership, where development is to be performed as part of a unit, subdivision, or
project.
(ii) For a Major Expansion Project, Minor Expansion Project or Major Single-family
Residential Project the area of new construction, as shown on an approved site plan,
or the original parcel. Final determination of the applicable area for stormwater
management shall be made by the City.
(n) "Stop Work Order" means an order which requires that all construction activity on a
Site be stopped.
(o) "Stormwater Management" means the use of structural or non-structural practices that
are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or
peak discharge rates.
(p) "Stormwater Management Plan" means a set of drawings or other documents submitted
by a person as a prerequisite to obtaining a stormwater management approval, which
contains all of the required information and specifications pertaining to Stormwater
Management.
(q) "Stormwater Runoff' means flow on the surface of the ground, resulting from
precipitation.
(r) "Stormwater Treatment Practices (STPs)" means measures, either structural or
nonstructural, that are determined to be the most effective and practical means of
preventing or reducing point source or nonpoint-source pollution inputs to stormwater
runoff and waterbodies.
(s) "Water Quality Volume (WQ,,)" means the runoff storage volume needed to treat the
specified phosphorus loading as determined in the Medina Stormwater Design Manual.
(t) "Watercourse" means a permanent or intermittent stream or other body of water, either
natural or fabricated, which gathers or carries surface water.
(u) "Watershed" means the total drainage area contributing runoff to a single point.
Subd. 4. Applicability
(a) This ordinance shall apply to the following circumstances:
(i) New Development, as defined herein;
(ii) Major Expansion Projects, as defined herein;
(iii)Minor Expansion Projects, as defined herein; and
(iv)Major Single-family Residential Projects, as defined herein.
Ordinance No. 513 3
November 15, 2011
(b) The following activities shall be exempt from the stormwater performance criteria of this
ordinance: •
(i) Agricultural activity.
(ii) Repairs to any Stormwater Treatment Practice deemed necessary by the City.
(iii)Emergency actions as declared by the City.
(iv)Land Disturbance Activities which do not meet the thresholds described for New
Development, Major or Minor Expansion Projects, or Major Single-family
Residential Projects as described herein.
Subd. 5. Performance Criteria for Stormwater Management
Unless determined by the City to be exempt or granted a waiver, all site designs shall establish
Stormwater Management Practices to control the peak flow rates and pollutants of stormwater
discharge associated with specified design storms and runoff volumes, as detailed in the Medina
Stormwater Design Manual.
(a) New Development: Rate Control, Volume Control, and Water Quality standards shall
apply to all New Development. The City Council may waive strict adherence with Rate
Control, Volume Control, and Water Quality standards for redevelopment and new
development which results in less than one acre of Land Disturbance. Best management
practices addressing the potential water resource impacts associated with the proposed
activity shall be incorporated to limit creation of impervious surface, maintain or enhance
on -site infiltration, control peak flow rates, and limit pollutant generation on and
discharge from the Site. Best management practices may include site design and
structural and non-structural practices.
(b) Major Expansion Projects: Rate Control, Volume Control, and Water Quality standards
shall apply to all Major Expansion Projects.
(c) Minor Expansion Projects: Rate Control, Volume Control and Water Quality standards
shall apply to all Minor Expansion Projects. As an alternative to meeting relevant
Volume Control and Water Quality standards, an Applicant may install a raingarden or
similar stormwater improvement as described in the Medina Stormwater Design Manual.
Provisions shall also be required to control the rate of run-off if determined to be
necessary by the City Engineer.
(d) Major Single-family Residential Projects: Rate Control, Volume Control and Water
Quality standards shall apply to all Major Single-family Residential Projects. As an
alternative to meeting relevant Volume Control and Water Quality standards, an
Applicant may install a raingarden or similar stormwater improvement as described in the
Medina Stormwater Design Manual. Provisions shall also be required to control the rate
of run-off if determined to be necessary by the City Engineer.
Subd. 6. Approval Required Prior to Permit or Subdivision
No landowner or land operator shall receive a building permit, grading permit, or subdivision
approval for any project involving Land Disturbance Activities subject to this ordinance until
first meeting the requirements of this ordinance prior to commencing the proposed activity.
Ordinance No. 513 4
November 15, 2011
Subd. 7. Application Requirements
Unless otherwise exempted by this ordinance, an application for stormwater management
approval shall include the following as a condition for its consideration:
(a) a Stormwater Management Plan;
(b) a Maintenance Agreement.
The Stormwater Management Plan shall be prepared to meet the requirements of Subd. 5 of this
ordinance; the Maintenance Agreement shall be prepared to meet the requirements of Subd. 10
of this ordinance.
In lieu of preparation of a Stormwater Management Plan, Major Single-family Residential
Projects and Minor Expansion Projects may install a raingarden or similar stormwater
improvement as described in the Medina Stormwater Design Manual.
Subd. 8. Application Requirements
Applications shall include the following: five copies of the Stormwater Management Plan, three
copies of the Maintenance Agreement, and any required review fees.
Subd. 9. Waivers for Providing Stormwater Management
Every Applicant shall provide for Stormwater Management, unless a waiver is granted.
Requests to waive the Stormwater Management requirements shall be submitted to the City for
approval.
The minimum requirements for Stormwater Management may be waived in whole or in part
upon written request of the Applicant, if the City determines that at least one of the following
conditions applies:
(a) It can be demonstrated that the proposed Land Disturbance Activity will not impair
attainment of the objectives of this ordinance.
(b) Alternative minimum requirements for on -site management of stormwater discharges
have been established in a Stormwater Management Plan that has been approved by the
City.
(c) Provisions are made to manage stormwater by an Off -Site Facility. The Off -Site Facility
is required to be in place, to be designed and adequately sized to provide a level of
Stormwater Management that is equal to or greater than that which would be afforded by
on -site practices and has a legally obligated entity responsible for long-term operation
and maintenance of the stormwater treatment practice.
In instances where at least one of the conditions above applies, the City may grant a waiver from
strict compliance with Stormwater Management provisions that are not achievable, if acceptable
mitigation measures are provided.
Ordinance No. 513 5
November 15, 2011
Subd. 10. Stormwater Treatment Maintenance Plan and Agreement
During the application process, the City shall determine who the Responsible Party will be for
ownership and maintenance of all Stormwater Treatment Practices.
The Responsible Party shall enter into a Maintenance Agreement with the City that documents
all responsibilities for operation and maintenance of all Stormwater Treatment Practices. Such
responsibility shall be documented in a maintenance plan and executed through a Maintenance
Agreement. The Maintenance Agreement shall be executed and recorded against the parcel.
(a) Maintenance Agreement
The stormwater Maintenance Agreement shall be in a form approved by the City, shall
describe the inspection and maintenance obligations of this section and shall, at a
minimum:
(1) Designate the Responsible Party, which shall be permanently responsible for
maintenance of the structural or nonstructural measures.
(2) Pass responsibility for such maintenance to successors in title.
(3) Grant the City and its representatives the right of entry for the purposes of inspecting
all Stormwater Treatment Practices as described in Subd. 10(b) below.
(4) Allow the City the right to repair and maintain the facility, if necessary maintenance
is not performed after proper and reasonable notice to the Responsible Party as
described in Subd. 10(d) below.
(5) Include a maintenance plan that contains, but is not limited to the following:
(i) Identification of all structural Stormwater Treatment Practices.
(ii) A schedule for regular inspection, monitoring, and maintenance for each
practice. Monitoring shall verify whether the practice is functioning as
designed and may include, but is not limited to quality, temperature, and
quantity of runoff.
(iii)Identification of the Responsible Party for conducting the inspection,
monitoring, and maintenance for each practice.
(6) Identify a schedule and format for reporting compliance with the Maintenance Plan to
the City.
(b) Inspection of Stormwater Facilities
Inspection programs shall be established on any reasonable basis, including but not limited
to: routine inspections; random inspections; inspections based upon complaints or other
notice of possible violations; inspection of drainage basins or areas identified as higher than
typical sources of sediment or other contaminants or pollutants; inspections of businesses or
industries of a type associated with higher than usual discharges of contaminants or
pollutants or with discharges of a type which are more likely than the typical discharge to
cause violations of state or federal water or sediment quality standards or the National
Pollutant Discharge Elimination System (NPDES) stormwater permit; and joint inspections
with other agencies inspecting under environmental or safety laws. Inspections may include,
but are not limited to, reviewing maintenance and repair records; sampling discharges,
Ordinance No. 513 6
November 15, 2011
surface water, groundwater, and material or water in drainage control facilities; and
evaluating the condition of drainage control facilities and other stormwater treatment
practices.
When any new Stormwater Treatment Practice is installed on private property, or when any
new connection is made between private property and a public drainage control system,
sanitary sewer, or combined sewer; the property owner shall grant to the City the right to
enter the property at reasonable times and in a reasonable manner for the purpose of
inspection. This includes the right to enter a property when the City has a reasonable basis to
believe that a violation of this ordinance is occurring or has occurred, and to enter when
necessary for abatement of a public nuisance or correction of a violation of this ordinance.
(c) Records of Installation and Maintenance Activities
The Responsible Party shall make records of the installation and of all maintenance and
repairs of the stormwater treatment practices, and shall retain the records for at least three (3)
years. These records shall be made available to the City during inspection of the Stormwater
Treatment Practice and at other reasonable times upon request.
(d) Failure to Maintain Practices
If a Responsible Party fails or refuses to meet the requirements of the Maintenance
Agreement, the City, after reasonable notice, may correct a violation of the design standards
or maintenance needs by performing all necessary work to place the Stormwater Treatment
Practice in proper working condition. In the event that the Stormwater Treatment Practice
becomes a danger to public safety or public health, the City shall notify the Responsible
Party in writing. Upon receipt of that notice, the Responsible Party shall have thirty days to
perform maintenance and repair of the facility in an approved manner. After proper notice,
the City may specially assess the owner(s) of the Stormwater Treatment Practice for the cost
of repair work and any penalties; and the cost of the work shall be assessed against the
property and collected along with ordinary taxes by the county.
Subd. 11. Financial Security
(a) The City shall require the submittal of a letter of credit or other financial security in a
form acceptable to the City in order to insure that the Stormwater Treatment Practices
are installed by the permit holder as required by the approved Stormwater Management
Plan. The amount of the security shall be 150% of the total estimated construction cost
of the Stormwater Treatment Practices approved, with the exception of Major Single-
family Residential Projects, which shall be 50% of the total estimated construction cost.
The performance security shall contain forfeiture provisions for failure to complete work
specified in the Stormwater Management Plan.
(b) The security shall be released in full only upon submission of "as built plans" and written
certification by a registered professional engineer that the Stormwater Treatment Practice
has been installed in accordance with the approved plan and other applicable provisions
of this ordinance. The City will make a final inspection of the Stormwater Treatment
Practice to ensure that it complies with the approved plan and the provisions of this
Ordinance No. 513 7
November 15, 2011
ordinance. Provisions for a partial pro-rata release of the security based on the
completion of various development stages may be done at the discretion of the City.
Subd. 12. Notice of Construction Commencement
The Applicant must notify the City in advance before the commencement of construction.
Regular inspections of the Stormwater Treatment Practice construction shall be conducted by the
staff of the City or certified by a professional engineer or their designee, and the Applicant shall
be responsible for the costs of such inspections. All inspections shall be documented and written
reports prepared that contain the following information:
(a) the date and location of the inspection,
(b) whether construction is in compliance with the approved Stormwater Management Plan,
(c) variations from the approved construction specifications,
(d) any violations that exist.
If any violations are found, the Applicant shall be notified in writing of the nature of the
violation and the required corrective actions. No added work shall proceed until any violations
are corrected and all work previously completed has received approval by the City.
Subd. 13. As Built Plans
All Applicants are required to submit actual "as built" plans for any Stormwater Treatment
Practices located on -site after final construction is completed. As -built plans must show the final
design specifications for all Stormwater Treatment Practices, and the plans must be certified by a
professional engineer. A final inspection by the City is required before the release of any
performance securities can occur. The City may waive certain requirements for the as built plans
in the case of a Major Single -Family Residential Project or a Minor Expansion Project, provided
the Applicant provides sufficient information to verify that the alternative improvements were
installed as designed.
Subd. 14 Violations
Any person who commences or conducted Land Disturbance Activity contrary to this ordinance
is guilty of a misdemeanor and may be prosecuted as such, restrained by injunction or otherwise
abated in a manner provided by law.
(a) Notice of Violation
When the City determines that an activity is not being carried out in accordance with the
requirements of this ordinance, it shall issue a written notice of violation to the owner
of the property. The notice of violation shall contain:
(1) the name and address of the owner or Applicant,
(2) the address when available or a description of the land upon which the violation
is occurring,
(3) a statement specifying the nature of the violation,
(4) a description of the remedial measures necessary to bring the development
activity into compliance with this ordinance and a time schedule for the
completion of such remedial action,
Ordinance No. 513 8
November 15, 2011
(5) a statement of the penalty or penalties that shall or may be assessed against the
person to whom the notice of violation is directed, and
(6) a statement that the determination of violation may be appealed to the City by
filing a written notice of appeal within fifteen (15) days of service of notice of
violation.
(b) Stop Work Orders
Persons receiving a notice of violation will be required to halt all construction activities.
This Stop Work Order will be in effect until the City confirms that the Land
Disturbance Activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a notice of violation in a timely manner may result in
civil, criminal, or monetary penalties in accordance with the enforcement measures
authorized in this ordinance.
(c) Civil and Criminal Penalties
In addition to or as an alternative to any penalty provided herein or by law, any person
who violates the provisions of this ordinance shall be guilty of a misdemeanor and
subject to prosecution. Such person shall be guilty of a separate offense for each day
during which the violation occurs or continues.
(d) Restoration of Lands
Any violator may be required to restore land to its undisturbed condition. In the event
that restoration is not undertaken within a reasonable time after notice, the City may
take necessary corrective action, the cost of which may, after notice and opportunity
for hearing, be specially assessed against the property and collected along with the
ordinary taxes by the county.
Subd. 15. Holds on Occupancy Permits
Occupancy permits will not be granted until all Stormwater Treatment Practices have been
installed and accepted by the City, or a financial guarantee in a form acceptable to the City has
been submitted to ensure completion.
Subd. 16. Duration of Approval; Revocation of Approval
(a) Approved plans issued under this section shall be valid from the date of approval through
the date the City notifies the owner that all stormwater treatment practices have passed
the final inspection required under approved conditions, or the approval is revoked.
(b) Revocation of the stormwater approval may be made by the City if requirements within
this ordinance are not fulfilled, or the owner or Applicant is unable to fulfill the ordinance
requirements. If an approval is revoked, the Applicant must resubmit a Stormwater
Management Plan prior to proceeding with any subsequent Land Disturbance Activity.
Ordinance No. 513 9
November 15, 2011
Subd. 17. Appeals
Any person aggrieved by the action of any official charged with the enforcement of this
ordinance, as the result of the disapproval of a properly filed application for approval, issuance
of a written notice of violation, or an alleged failure to properly enforce the ordinance in regard
to a specific application, shall have the right to appeal the action to the City.
(a) The Applicant shall submit the appeal in writing and include supporting documentation.
(b) City staff shall make a decision on the appeal within 15 business days of receipt of a
complete appeal application.
(c) The Applicant may appeal the decision of city staff to the city council. This appeal must be
filed with the City within 30 days of City staffs decision.
Subd. 18 Compatibility with Other Permit and ordinance Requirements
This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or
regulation, statute, or other provision of law. The requirements of this ordinance should be
considered minimum requirements, and where any provision of this ordinance imposes
restrictions different from those imposed by any other ordinance, rule or regulation, or other
provision of law, whichever provisions are more restrictive or impose higher protective standards
for human health or the environment shall take precedence.
Subd. 19. Severability
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this
ordinance shall be judged invalid by a court of competent jurisdiction, such order or judgment
shall not affect or invalidate the remainder of any article, section, subsection, paragraph,
subdivision or clause of this ordinance, which shall remain in full force and effect.
SECTION II: Effective Date
The ordinance shall be effective upon its adoption and publication
Adopted by the city council of the city of Medina this 15`h day of November, 2011.
ATTEST:
Scott T. Johnson, City Administrator -Clerk
Published in the South Crow River News this 21th day of November, 2011.
Ordinance No. 513 10
November 15, 2011