HomeMy Public PortalAbout669 Ordinance Amending Regulations Pertaining to Stormwater Management - Amending Chapter 8 of the City CodeCITY OF MEDINA
ORDINANCE NO. 669
AN ORDINANCE AMENDING REGULATIONS PERTAINING TO STORMWATER
MANAGEMENT; AMENDING CHAPTER 8 OF THE CITY CODE
The City Council of the City of Medina ordains as follows:
SECTION I. Section 828.33 of the code of ordinances of the City of Medina is amended by
deleting the struck through language and adding the underlined language 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 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 to reduce
flooding, siltation and erosion and 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
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herein. The Manual shall serve as the official guide for stormwater principles, methods,
and practices for proposed development activities.
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, decks,
swimming pools, etc.).
(d) "Land Disturbance Activity" means any activity that changes the volume e eak
d arge- te-e€-stermwater a em -the na a „f . Thy znelude-the
including grading, digging, cutting, scraping, or excavating of soil, placement of
fill materials, paving, construction, substantial removal of vegetation, Fully
Reconstructed improvements, or any activity that bares soil or rock or involves
the diversion or piping of any natural or fabricated watercourse.
(e) "Maintenance Agreement" means a document recorded against the property which
requires long-term maintenance of stormwater treatment practices.
(f) RESERVED. "Fully Reconstructed" means areas where impervious surfaces have
been removed down to the underlying soils. Activities such as structure
renovation, mill and overlay projects, and other pavement rehabilitation projects
that to not expose the underlying soils beneath the structure, pavement, or activity
are not considered fully reconstructed. Maintenance activities such as catch basin
repair/replacement, utility repair/replacement, pipe repair/replacement, lighting,
and pedestrian ramp improvements are not considered fully constructed.
(g) RESERVED.
(h) RESERVED.
(i) RESERVED.
(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 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.
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March 2, 2021
(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. RESERVED.
Subd. 5. Performance Criteria for Stormwater Management
(a) Unless determined by the City to be exempt or granted a waiver, all site designs for the
following development, redevelopment, construction, or land disturbance activities shall
establish Stormwater Management -Treatment Practices to control the peak flow rates,
volume of flow, and pollutants of stormwater discharge associated with specified design
storms and runoff volumes, as detailed in the Medina Stormwater Design Manual.
(i) Any land development, redevelopment, or construction on a Site which increases
impervious surface by 5,000 square feet or greater within a period of two calendar
years, except as described in (iv) below.
(ii) Any land development, redevelopment, or construction on a Site which disturbs
more than one acre of land_., except:
(1)
surfaces is lose 4han 20% of the Cite and the propn er: grading
does not $ stormwater discharge off of the property or
tewards-wetland' lak atecbedy, or area of niges4naxis-of
X1:1; or
(2) if the activity results in a reduction of existing impervious
surfaces by 10% or greater.
(iii)Any subdivision of property, except for a subdivision which will result in an
increase of impervious surfaces, including streets, driveways. and structures, by
less than 5,000 square feet and which disturbs less than an acre of land.,-
(iv)Notwithstanding (i) above, land development, redevelopment, or construction on
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a Site -a single residential property which increases impervious surface by more
than 5,000 square feet or greater but less than 14,520'13,560 square feet may be
exempt from establishing STPs if al ofthe f "owing nditionG f o et:
(1) The activity occurs on residential property; and
Tthe total amount of existing and proposed impervious surfaces is less
than 20% of the Site_;; and In such instances- the City shall nonetheless
maintain the discretion to require STPs if necessary, in the professional
judgment of the City Engineer, to prevent negative impacts to surface
waters or adjacent property in situations including, but not limited to the
following:
(2)(1) The drainage from 5,000 e f et o o f the additional
impervious surfaces are not -is directed toward ene of the f 11owing
sensitive features- including, but not limited to within 100 feet: a
wetland, lake, waterbody or area of slope in excess of 4:1 within 100 feet;
andor
(3-)(2) The drainage from the additional impervious surfaces are -net -is
channelized onto neighboring property, rights -of -way or waterbodies.
(b) 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.
(c) Exceptions. 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
in this section.
Subd. 6. RESERVED.
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; and:
(b)j) Review fee, if required.
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.
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March 2, 2021
Subd. 8.
_Applications shall inelude the f 1lewing: five . of the St M t Pl
t/t/ 11V 4 V 1V11 A
i
twee-copiies-e a Maintei e-Agreement-Tand-any-z quires ees
RESERVED
Subd. 9. Waivers and Deviations
(a) 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:
(i) It can be demonstrated that the proposed Land Disturbance Activity will not
impair attainment of the objectives of this ordinance.
(ii) 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.
(iii) 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.
(b) Administrative deviations from any requirement of the Medina Stormwater Design
Manual may be granted upon a determination, in the City Engineer's professional
judgement, that:
(i) Satisfaction of the requirement is not feasible based upon the specific conditions or
implementation of alternative measures better achieves the objectives of this
ordinance; and
(ii) Alternative measures are implemented to minimize impacts and to achieve the
objectives of the requirement; and
(iii) Such deviation will not be inconsistent with state law or detrimental to public
health, safety, and welfare.
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.
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March 2, 2021
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,
surface water, groundwater, and material or water in drainage control facilities; and
evaluating the condition of drainage control facilities and other stormwater treatment
practices.
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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 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. 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. 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.
Ordinance No. 669 7
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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, provided the Applicant provides sufficient
information to verify that the improvements were installed as designed.
Subd. 14. Violations
In addition to any other remedy afforded to the City in law or in equity. Aany 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 both. -OF
etherwise-The City may also take action to abated any violation or condition resulting
from a violation of this ordinance in any 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,
(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
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(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.
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
Ordinance No. 669 9
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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 staff's 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. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this 2nd day of March, 2021.
Kathleen Martin, Mayor
Attest:
i„. 4
Jodi M. kllup, City Clerk
Published in the Crow River News on the 11th day of March, 2021.
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