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6.5. SR 03-01-1993 ,;2 - :2 b--1~ . 720 Dodge Ave. N. W., Elk River, MN 55330, Phone: (612) 441-7420 Fax: (612) 441-7425 Pc:t:Y . . ,- :;& . .I 5.3. storm Water Master Plan Terry Maurer, City Engineer, stated that per Council direction he has drafted a master plan proposal pertaining to storm sewer for the City Elk River City Council Minutes December 21, 1992 Page 3 of Elk River. Terry Maurer reviewed the storm drainage plan which involves three stages: 1.) establish urban/rural storm drainage policies; 2.) urban area storm drainage system design; 3.) establish storm water utility fund. Terry Maurer indicated that the estimated cost to complete the three stages is $19,500. The City Administrator indicated that the master plan proposal could be funded through the Capital Projects Fund. Councilmember Dietz stated that he would prefer to proceed with step 1 of the plan prior to authorizing stages 2 and 3. COUNCILMEMBER DIETZ MOVED MASTER PLAN CONSISTING POLICIES AT A COST NOT SECONDED THE MOTION. THE TO AUTHORIZE STAGE 1 OF THE STORM WATER OF ESTABLISHING THE URBAN/RURAL STORM DRAINAGE TO EXCEED $1,500. COUNCILMEMBER HOLMGREN MOTION CARRIED 5-0. '.,l. ~ElI J. ~ . (. _ / f J ~ ~ ~ CONSVUlNG ENGINEERS IfIIiIr"WI Maier Stewart & Associates Inc. December 9, 1992 File: 230-000-00 Mr. Pat Klaers, Administrator City of Elk River 720 Dodge Avenue NW Elk River, MN 55330 RE: STORM WATER MASTER PLAN Dear Mr. Klaers: As requested by the City Council, we have put together this scope of services and estimated cost to prepare a Storm Water Master Plan for the City. We believe the Master Plan can be broken into three distinct parts. Those are: establishment of City policies relative to storm water management; preliminary design of storm drainage facilities in the urbanized areas; and the review and setup of a storm drainage utility fund. . A more detailed description of each of these parts and the tasks involved are as follows: 1. Establish Urban/Rural Stonn Drainage Policies Currently, the City has no written policies regarding acceptable methods of dealing with both quantity and quality of run-off. This puts staff and the City Council in a very difficult position every time a new development is proposed. This portion of a Storm Water Master Plan would propose various policy alternatives for the City to consider along with the pros and cons of each. Review meetings would be held with City staff, Planning Commission, and City Council to review the policies and answer questions. Ultimately, we would look for the City Council to adopt a set of policies. The estimated cost not-to-exceed for this portion of the study is $1,500. 2. Urban Area Stonn Drainage System Design Based on the policies adopted in the above-described phase, an overall storm sewer design would be accomplished for the urbanized areas of the City. This area would correspond to the urban service area outlined in the City's Growth Management Plan. The actual tasks involved in this phase of the study include the following: . 1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-774-6021 9800 SHELARD PARKWAY, SUITE 102. MINNEAPOLIS, MINNESOTA 55441 612-546-0432 . Equal Opportunity Employer . . . \.. Mr. Pat Klaers, Administrator December 9, 1992 Page Two a. Inventory existing storm sewer facility 24 hours b. Divide urban areas into drainage districts (field verify as necessary) 24 hours c. Create computer model of both existing and future drainage facilities 50 hours d. Design the storm drainage systems 70 hours e. Note any deficiencies in existing facilities relative to adopted policies, design improvement, and prepare Capital Improvements Program for upgrade 48 hours f. Prepare written report of policies and drainage facilities including exhibits and computer modeling 56 hours g. Review draft report with staff, Planning Commission, and City Council 8 hours h. Prepare final report and provide City 20 copies 24 hours ESTIMA TED TOTAL LEVEL OF EFFORT 304 HOURS Based on the above-described tasks, the estimated cost noHo-exceed for this phase of the study would be $14,500. 3. Establish Stann Water Utility Fund A Storm Water Utility Fund is a method whereby the City can create another funding source for storm water improvement projects. The fund creates income through small quarterly utility charges against property in the area. This phase of the study would research other communities' storm water utility funds versus the needs of the City of Elk River. It would also recommend typical projects and an annual expenditure from such a fund relating this to estimated quarterly charges for the various types of property. Based on this information, the City Council could determine if they would like to pursue establishing a Storm Water Utility Fund. The estimated cost not-to-exceed for this phase of the study is $3,500. J ,'{ Mr. Pat Klaers, Administrator December 9, 1992 . Page Three In conclusion, the estimated cost not-to-exceed to complete all three phases of the Storm Water Master Plan is $19,500. As always, we would bill the City hourly for our efforts, not exceeding this maximum amount. We would anticipate completing the study within 90 days of the notice to proceed. The City could choose to do any or all three parts outlined in this proposal. However, at an absolute minimum, we would recommend the City undertake the policy establishment portion. This is essential to some of the proposed developments which will likely be presented to the City in the coming months. If you have any questions or need additional information, please call. Sincerely, MAIER STEWART & ASSOCIATES, INC. ~f}1l!~ Terry J. Maurer, P.E. . TJM:tp ~Ol.dec . ,.. , F r, F J V F n FEB 2 6 1991 _ / ~ ~ . ~ _~ J CONSULTING ENGINEERS . ."W- Maier Stewart & Associates Inc. February 24, 1993 File: 230-161-80 Mr. Pat Klaers, Administrator City of Elk River 720 Dodge Avenue NW Elk River, MN 55330 RE: DRAFT - STORM WATER POLICY RECOMMENDATIONS Dear Mr. Klaers: . Enclosed is a draft copy of recommendations for City storm water policy. Please review this with your staff and return your comments to me. If you have any questions or need additional information, please call. Sincerely, MAIER STEWART & ASSOCIATES, INC. -.:Ju~ 1 L}3/~-tr- Susan J. McDermott, P .E. SJM:tp Enclosure 161-2501.feb . 1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-774-6021 9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 . Equal Opportunity Employer . . . February 23, 1993 File: 230-161-80 DRAFT Honorable Mayor and City Council City of Elk River 720 Dodge Avenue NW Elk River, MN 55330 RE: STORM WATER MASTER PLAN - POLICY RECOMMENDATIONS Dear Council Members: INTRODUCTION The City of Elk River currently has no written policies regarding storm water management creating difficulty for City staff and council members in the review of proposed development. The council has authorized the first stage in preparation of a Storm Water Management Plan. This stage will propose various policies for City consideration. Providing adequate storm drainage facilities is an important requirement in the development of any municipality. As an area develops from rural to urban, culvert and drainageways which were adequate for rural runoff can beCome overloaded and flood, and property damage can occur. The function of a storm drainage system is to minimize economic loss and inconvenience due to this periodic flooding of streets, basements and other low lying areas. The desired goal to reach is when storm flooding damage, plus the cost of storm sewer installation, reaches a minimum. Storm drainage facilities can also reduce inconveniences and hazards caused by flooding. Frequently, the downstream area of a drainage basin develops earlier than the remainder of the basin. When this happens, drainage facilities that are installed as part of the early development may be sized solely for the development occurring without consideration of the development of the remainder of the basin. A storm drainage master plan considers the entire drainage basin and avoids costly errors, such as replacement of inadequate storm sewer pipe in developed areas. If a storm drainage master plan is implemented, planning and construction of required facilities is established in the early development stages of a drainage basin. Required storm sewer piping and ponding areas can be easily incorporated into a developer's plan. Regional ponding areas can be planned, land can be obtained, and possibly integrated into a City park. The cost of acquiring drainage easements will be low when the land is still rural compared to its cost after development of the area has increased the land value. 161-1101.fcb . Honorable Mayor and City Council February 23, 1993 Page Two 1. Authority The City of Elk River, by City Council motion at their December 21, 1992 meeting, directed Maier Stewart & Associates, Inc., to begin development of a Storm D~age Master Plan by recommending various policy alternatives for the City to consider. 2. ~ This stage of the Storm Water Master Plan proposes methods of dealing with both quantity and quality of run-off for both residential and commercial development. In developing the recommendations herein, existing policies for various metropolitan area communities and watershed districts were utilized, including Valley Branch and Rice Creek Watershed Districts and the cities of Roseville, Mahtomedi, and Centerville. . Also, included as an Appendix, is a model ordinance issued by the Metropolitan Council to assist local governments in the seven county Metropolitan Area in implementing a policy to reduce nonpoint source pollution. Although Elk River is outside of the Metropolitan Council's jurisdiction, following the Metropolitan Council's policies would be prudent from a long-range planning stand point. WATER QUANTITY The following policy recommendations regarding water quantity will address natural surface and groundwater storage and retention systems, as well as flooding concerns. 1. Establish loo-year flood levels based on critical storm events. 2. Prohibit encroachment that will reduce the capacity of floodways and allow only structures in the flood fringe that have been flood-proofed or that will not receive extensive damage. The Floodplain Management Ordinance addresses this policy. 3. Preserve the retention capacities of the present drainage systems. 4. Discourage any alteration of wetlands. Allow alteration only if it can be accomplished within the regulations of state and federal agencies. 5. Regional detention areas, as opposed to individual on-site detention, shall be used to reduce flooding and to control discharge rates. . 6. Major stormwater facilities (e.g., regional detention pond) shall be designed for the 100- year storm. 161-110l.feb . Honorable Mayor and City Council February 23, 1993 Page Three 7. Emergency overflows or outlets to City drainage systems shall be provided to any area currently without an overflow or outlet. 8. All minor drainage system (e.g., streets, swales, and storm sewers) analyses and design shall be based on the 5-year rainfall event for residential areas and the lO-year event for commercial areas. 9. All hydrological studies and drainage design shall be based on the ultimate development of the entire tributary drainage area. 10. All developments shall provide land, funding, or a combination of both for developing regional sites. WATER QUALITY . The policy recommendations pertaining to water quality are intended to identify and plan for means to effectively protect and improve surface water quality, including the preventing erosion of soil into surface water systems. These policies would also assist in establishing more uniform local policies and official controls for surface and groundwater management. 1. Treat and/or control runoff to enhance water quality in order to reverse the upward trends in pollutants, especially nutrient and sediment loads. 2. Develop and implement a community education program relating to preserving water quality. 3. All construction plans developed for the improvement of water quality shall include a detailed plan for maintenance access and a maintenance plan. 4. Wetlands and regional detention areas shall be utilized whenever possible to remove sediment and nutrients from runoff. 5. The Minnesota Department of Natural Resources and the U.S. Army Corps of Engineers have regulatory authority relating to waters and wetlands identified on their respective inventories. . 6. The City is responsible for establishing and implementing a permitting program for all activities relating to drainage, wetlands, erosion control, and water resources management. 7. All erosion and sediment control measures (e.g., silt fencing) specified in the erosion control plan must be installed prior to commencing grading. 161-1101.feb . .. . Honorable Mayor and City Council February 23, 1993 Page Four 8. Temporary sediment basins shall be constructed in areas of new development to prevent sediment from leaving the construction site. Detention basins may be used for temporary sediment retention during the construction phase. The design criteria should provide permanent storage volume for sediment or the removal of sediment to restore the required detention volume. Detention areas intended to permanently trap sediments and remove nutrients from the water shall provide excess storage beyond the loo-year flood volumes to allow for sediment accumulation and a normal pool elevation to exist. Sedimentation basins shall be capable of removing sediment particles of 0.02 mm diameter and larger for the average flow of the lO-year, 6-hour storm. The required surface area should be 1,250 times the flow in cubic feet per second. Four feet of average depth should be available. Sediment basins shall maintain a general length to width ratio, less than 15 and greater than 10, to be constructed without baffles. Basins with a length to width ratio as low as 5 are acceptable with an inlet baffle. 9. Grading areas shall be protected from runoff to reduce erosion. 10. Site access roads shall be graded or otherwise protected with silt fence, diversion channels or ditches, and pipes to prevent sediment from exiting the site via the access road. Primary site access roads shall be surfaced with crushed rock and extend for a distance of 100 feet beginning at existing paved surface. 11. The City shall maintain a street sweeping program to minimize sediment entering the drainage system. 12. Establishment of temporary and permanent vegetation shall be required to minimize the time that a graded area remains in an exposed condition. For example, temporary vegetation should be established within 14 days of fmal grading. Permanent vegetation should be established on sites that will have no construction activity for one year. 13. Erosion control plans shall be required for all land disturbance activity. The plans shall be consistent with the MPCA's Protecting Water ~uality in Urban Areas. 14. Existing storm drain inlets and conveyance systems shall be adequately protected from sedimentation. 15. Natural vegetation shall be preserved to the greatest practical extent. 16. The use of grassed waterways shall be encouraged wherever practical to maximize infiltration and trap pollutants. Grass-lined swales shall be designed to non-erosive velocities (maximum 2 feet/second) and non-turbulent hydraulic conditions. 161-1101.fcb . . . Honorable Mayor and City Council February 23, 1993 Page Five 17. The City should adopt design standards for reducing contaminant loads from surface runoff such as the "best management practices" BMPs outlined in the MPCA publication Protecting Water Ouality in Urban Areas. The model ordinance included in the Appendix suggests this publication be adopted by local government as a design standard for storm water ponds. Other acceptable criteria are available from the National Urban Runoff Program (NURP) and in the Ramsey County Erosion and Sediment Control Handbook. CONCLUSION The City should adopt policies for both water quality and quantity for storm water management. This could be done through an addition to existing City Design Standards, a city ordinance or a combination of both. The next phase in preparing the Storm Water Master Plan is an overall storm sewer design for urbanized areas of the city. If you have any questions or require additional information, please call me at 774-6021. Sincerely, MAIER STEWART & ASSOCIATES, INC. Susan J. McDermott, P.E. SJM:tp Attachments 161-1101.feb . . . APPENDIX 161-1101.feb . . . ORDINANCE NO. STORM WATER MANAGEMENT ORDINANCE AN ORDINANCE PROMOTING THE HEALTH, SAFETY AND GENERAL WELFARE OF THE CITIZENS OF MINNESOTA, BY AMENDING THE ZONING ORDINANCE, ADOPTING NEW SECTIONS REQUIRING STORM WATER MANAGEMENT PRACTICES. 1. STATUTORY AUTHORIZATION This ordinance is adopted pursuant to Minnesota Statutes Section [462.351 for citics alld towns, 3~4.21 for counties having a population of less than 300,000 according to the 1950 Cedclal census) (1~90). 2. FINDINGS TIle [City, County, Town] of hereby finds that uncontrolled and inadequately plantled use of wctlands, woodlands, natural habitat areas, areas subject to soil erosion and areas (:{ lntaining restrictive soils adversely affects the public health, safety and general welfare by impactillg water quality amI contributing to other environmental problems, creating nuisances, impail illg other benefidaluses of environmental resources and hindering the ability of the [City, County, Town) of to provide adequate water, sewage, flood control, and other community sel vices. In addition, extraordinary public expenditures may be required for the protection of pcrsons and property in such areas and in areas which may be affected by unplaoned land usage. 3. PURPOSE TIle purpose of this ordinance is to promote, preserve and enhance the natural resources within the (City, County, Town] of and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land disturbing or development activitics that would have an adverse and potentially irreversible impact on water quality and unique ami fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility betwcen land disturhing and development activities and water quality and environmentally sensitive lands; and hy requiring detailed review standards and procedures for land disturbing or development activities proposed for such areas, thereby achieving a balance between urban growth and developlllcnt and protection of water quality and natural areas. 4. DEFINmONS For the purposes of this ordinance, the following terms, phrases, words, and their derivatives shall have the meaning stated below. When not inconsistent with the context, words used in the present tense indude the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely dircctive. 4.1 Anplicant. Any person who wishes to obtain a building permit, zoning or subdivision approval. 4.2 Cllfltrol measure. A practice or combination of practices to control erosion and attendant poll u tion. 43 I ktention facilitv. A permanent natural or man-made structure, including wetlands, for the kUlporary storage of runoff which contains a permanent pool of water. . . . Aood frin~e. The portion of the floodplain outside of the floodway:. 4.5 Aoodolain. The areas adjoining a watercourse or water basin that have been or may be covered by a regional flood. 4.4 4.6 Aoodway. The channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplains that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood. 4.7 Hvdric soils. Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper parL 4.8 Hvdrophytic vel!etation. Macrophytic plant life growing in water, soil or on a suh~trate that is at least periodically deficient in oxygen as a result of excessive water content. 4.9 Land disturbin~ or development activities. Any change of the land surface including removing vegetative cover, excavating, filling, grading, and the construction of any structure. 4.10 Person. Any individual, firm, corporation, partnership, franchisee, association or governmental entity. 4.11 Public waters. Waters of the state as defined in Minnesota Statutes, section 1030.005, subdivision 15. 4.12 Rel!ional flood. A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a l00-year recurrence interval. 4.13 Retention facility. A permanent natural or man made structure that provides for the storage of storm water runoff by means of a permanent pool of water. 4.14 Sediment. Solid matter carried by water, sewage, or other liquids. 4.15 Structure. Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas. 4.16 Wetlands. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: a) Have a predominance of hydric soils; b) Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and c) Under normal circumstances support a prevalence of such vegetation. [COMMENTARY: Many of the above definitions are derived from state law. A local government should insure that the definitions are also consistent with defmitions ill the local zoning code.j .,/ . . . 5. SCOPE AND EFFECr 5.1 A12plicabilitv. Every applicant for a building permit, subdivision approval, or a permit to allow land disturbing activities must submit a storm water management plan to the (planning dt.:partment, department of community development, zoning administrator]. No building permit, subdivision approval, or permit to allow land disturbing activities shall be issued until approval of the storm water management plan or a waiver of the approval requiremcnt has been obtained in strict conformance with the provisions of this ordinance. The provisions of section 9 of this ordinance apply to all land, public or private, located within the [City, Town, County] of 5.2 Exemptions. The provisions of this ordinance do not apply to: a) Any part of a subdivision if a plat for the subdivision has been approved by the [Cily Council, County Board, Town Board] on or before the effective date of this ordinance; b) Any land disturbing activity for which plans have been approved by the watershed management organization within six months prior to the effective date of this ordinance; c) A lot for which a building permit has been approved on or before the effective date of this ordinance; d) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; or c) Emergency work to protect life, limb, or property. 5.3 WJ!iver. The [City Council, Town Board, County Board], upon recommendation of the Planning Commission, may waive any requirement of this ordinance upon making a linding that compliance with the requirement will involve an unnecessary hardship and the waiver of such requirement will not adversely affect the standards and requirements set forth in Section 6. 'Ibe [City Council, Town Board, County Board] may require as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct as may be necessary to adequately meet said standards and requirements. 6. STORM WATER MANAGEMENT PLAN APPROVAL PROCEDURES 6.1 Al!Il!ication. A written application for storm water management plan approval, along with the proposed storm water management plan, shall be filed with the [planning department, department of community development, zoning administrator] and shall include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted by right or as an exception in the underlying zoning district, and adequate evidence showing that the proposed use will conform to the standards set forth in this ordinance. Prior to applying for approval of a storm water management plan, an applicant may have the storm water management plans reviewed by the appropriate departments of the [city, town, county). TWll sets of clearly legible blue or black lined copies of drawings and required infollllalion shall be submitted to the [planning department, department of community devch lpmcnt, wning administrator] and shall be accompanied by a receipt from the (governmental unit's chief financial officer] evidencing the payment of all required fees for plOcessing and approval as set forth in Section 7.5, and a bond when required by Section 7.4 . 6.2 . . in the amount to be calculated in accordance with that section. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed At a minimum the scale shall be 1 inch equals 100 feet. Storm water .mana~ement olan. At a minimum, the storm water management plan shall contain the following information. a) ExistinlZ site map. A map of existing site conditions showing the site and immediately adjacent areas, including: 1) The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets; 2) 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 roa~s, railroads, utilities, subdivisions, towns amI districts or other landmarks; 3) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than 2 feet; 4) A delineation of all streams, rivers, public waters and wetlands 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 Engineer!';; 5) Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where storm water collects; 6) 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 and describing any remedial steps to be taken by . the developer to render the soils suitable; 7) Vegetative cover and clearly delineating any vegetation proposed for removal; and 8) 100 year floodplains. flood fringes and floodways. b) Site construction plan. A site construction plan including: 1) Locations and dimensions of all proposed land disturbing activitic~ and any phasing of those activities; 2) Locations and dimensions of all temporary soil or dirt stockpiles; 3) Locations and dimensions of all constructions site erosion control measures necessary to meet the requirements of this ordinance; . . 7.1 . 4) Schedule of anticipated starting and completion date of each land disturhing activity including the installation of construction site erosion controlllleasurc~s needed to meet the requirements of this ordinance; and 5) Provisions for maintenance of the construction site erosion control measures during construction. e) Plan of final site conditions. A plan of final site conditions on the same sC<lle as the existing site map showing the site changes including: 1) Finished grading shown at contours at tile same interval as provided above or as required to clearly indicate the relationship of proposed changes tll existing topography and remaining features; 2) A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landseupe materials which will be added to the site as part of the development; 3) A drainage plan of the developed site delineating in which direction and at what 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; 4) The proposed size, alignment and intended use of any structures to he erected on the site; 5) A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be us(;d; and 6) Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project. 7. PLAN REVIEW PROCEDURE r~. Storm water management plans meeting the requirements of Section (\ shall be suhmitted by the [planning department, department of community development, zoning administrator] to the Planning Commission for review in accordance with the standards of S~clion 8. The Commission shall recommend approval, recommend approval with conditions, or recommend denial of the storm water management plan. Following Planning Commission action, the storm water management plan shall be submitted to the [City Council, Town Board, County Board] at its next available meeting. [City Council, Town Board, County Doard] action on the storm water management plan must be accomplished within 120 days following the date the application for approval is filed with the [planning department. department of community development, zoning administrator]. [COMMENTARY: The process outlin~d in Section 7.1 can be modified to be consistellt with the regulatory process of the particular local government unit. For example, one local gm'emment may have a particular department .....hich reviews land use regulatory matters except the final decision to approve or deny a land we plan or pennit which is reserved for the gove17ling body of the local government unit. Another local governmental unit may provide the dqJartmenl which reviews land use regulatory mailers with full authority to take jinal actioll 011 the application. Other local governments may use a hybrid process where some pemlits lire acted upon by the appropriate regulatory dt!partment while other land use matters are hit to lh~ gOl.erning body for jinal approval.] 7.2 Duration. Approval of a plan submillcd under the provisions of this ordinance shall cxpire . 73 7.4 . one year after the date of approval unless construction has commenced in accordnnce with the plan. However, if prior to the expiration of the approval, the applicant makes a written request to the [planning department, department of community development, zoning administrator] for an extension of time to commence construction setting forth the reasons for the requested extension, the planning department may grant one extension of not greater than one single year. Receipt of any request for an extension shan be acknowledged by the [planning department, department of community development, zoning administrator] within 15 days. The [planning department, department of community development, zoning administrator] shall make a decision on the extension within 30 days of receipt. Any plan may be revised in the same manner as originally approved. Conditions. A storm water management plan may be approved subject to compliance with conditions reasonable and necessary to insure that the requirements contained in this ordinance are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of structures, drainage facilities, storage basins and other facilities, require replacement of vegetation, establish required monitoring procedures, stage the work over time, require alteration of the site design to insure buffering, and require the conveyance to the [City, Town, County] of or other public entity of certain lands or interests therein. Performance bond. Prior to approval of any storm water management plan, the applicant shall submit an agreement to construct such required physical improvements, to dedicate property or easements, or to comply with such conditions as may have been agreed to. Such agreement shall be accompanied by a bond to cover the amount of the established cost of complying with the agreement. The agreement and bond shall guarantee completion and compliance with conditions within a specific time, which time may be extended in accordance with Section 7.2. The adequacy, conditions and acceptability of any agreement and bond shall be determined by the [City Council, Town Board, County Board] or any official of the [City, Town, County] of as may be designated by resolution of the [City Council, Town Board, County Board]. 7.5 Fees. All applications for storm water management plan approval shall be accompanied by a processing and approval fee of $ 8. APPROVAL STANDARDS 8.1 No storm water management plan which fails to meet the standards contained in this section shall be approved by the [City Council, Town Board, County Board]. [COMMENTARY: Sections 8.2 through 8.16 are an example o/how best manogement practices for handling stonn water runoff and design criteria for detention ponds can be included within an ordinance. Additional best manogement practices . and design criteria can be found in the MPCA publication "Protecting Water Quality in Urban Areas. .. . . (: 8.2 Site dewaterim~. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro.cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels or a wetland. 8.3 Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system. 8.4 Jmckin~. Each site shall have graveled roads, access drives and parking areas 01 :illllicknt width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not llllshing) before the end of each workday. . 8.5 Drain inlet protection. All storm drain inlets shall be protected during constructi,m until control measures are in place with a straw bale, silt fence or equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA puhlication "Protecting Water Quality in Urban Areas." 8.6 Site erosion control. The following criteria (a. through d.) apply only to construction activities that result in runoff leaving the site. a) Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff rates of less than 0.5 ft.3/sec. across the disturbed area for the one year storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. b) All activities on the site shall be conducted in a logical sequence to minimi~e the area of bare soil exposed at any one time. c) Runoff from the entire disturbed area on the site shall be controlled by meeting either subsections 1 and 2 or 1 and 3. . 1) All disturbed ground left inactive for fourteen or more days shall be stahilized by seeding or sodding (only available prior to September 15) or by mulching or covering or other equivalent control measure. 2) For sites with more than tcn acres disturbed at one time, or if a channel, II iginates 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 and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or thc receiving water. 3) For sites with less than ten acres disturbed at one time, silt fences, straw balcs, or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences, straw bales, or equivalent control measures must include a maintenance and inspection schedule. . d) Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet from the toe of the pile to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven days shall be controlled hy placing straw bales or silt fence barriers around the pile. In-street utility repair or cOl\struction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control, if exposed for more than . . . seven days, and the stormdrain inlets must be protected with straw bale or other appropriate filtering barriers. 8.7 Storm water .mana~ement criteria for permanent facilities. a) An applicant shall install or construct, on or for the proposed land disturbing or development activity, all storm water management facilities necessary to manage increased runoff so that the two-year, ten-year, and l00-year storm peak discharge rates existing before the proposed development shall not be increased and accelerated channel erosion will not occur as a result of the proposed land disturbing or development activity. An applicant may also make an in-kind or monetary contribution to the development and maintenance of community storm water management facilities designed to serve multiple land disturbing and development activities undertaken by one or more persons, including the applicant. b) The applicant shall give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. c) The following storm water management practices shall be investigated in developing a storm water management plan in the following descending order of preference: 1) Infiltration of runoff on-site, if suitable soil conditions are available for use; 2) Flow attenuation by use of open vegetated swales and natural depressions; 3) Storm water retention facilities; and 4) Storm water detention facilities. A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subsection (a) above. Justification shall be provided by the applicant for the method selected. 8.8 Desilm standards. Storm water detention facilities constructed in the [City, Town, County] of shall be designed according to the most current technology as reflected In the MPCA publication .Protecting Water Quality in Urban Areas., and shall contain, at a minimum, the following design factors: d) a) A permanent pond surface area equal to two percent of the impervious area draining to the pond or one percent of the entire area draining to the pond, whichever amount is greater; b) An average permanent pool depth of four to ten feet; [COMMENTARY: An alternative to subsections (a) and (b) would be to require that the volume of the pennanenl pool be equal to or greater than the nmoff from a l.O-inch rainfall for the fully developed site.) c) A permanent pool length-ta-width ratio of 3:1 or greater; d) A minimum protective shelf extending ten feet into the permanent pool with a slope of 10:1, beyond which slopes should not exceed 3:1; v . c) A protective buffer strip of vegetation surrounding the permanent pool at a minimum width of one rod (16.5 feet) [this width is consistent with the draft rules developed by the Board of Water and Soi/Resources under the Wetland Conservation Act of 19lJ/ J; f) All storm water detention facilities shall have a device to keep oil, grease, and other floatable material from moving downstream as a result of normal operations; g) Storm water detention facilities for new development must be sufficient to limit peak flows in each subwatershed to those that existed before the development for the 10 year storm event. All calculations and hydrologic. models/information used in determining peak [lows shall be submitted along with the storm water management plan; h) All storm water detention facilities must have a forcbay to remove coarse grained particles prior to discharge into a watercourse or storage basin. 8.9 Wetlands. a) Runoff shall not be discharged directly into wetlands without presettlement of the runoff. b) A protective buffer strip of natural vegetation at least one rod (16.5 feet) in width shall surround all wetlands. [This width is consistent with the draft rules developed by the Board of Water and Soil Resources under the Wetland Conservation Act of jY9/.} . c) Wetlands must not be drained or fiUed, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value. Replacement must ht: guided by the following principles in descending order of priority: 1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; 2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; 3) Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; 4) Reducing or eliminating the impact over time by preservation and mailltenance operations during the life of the activity; and 5) Compensating for the impact by replacing or providing substitute wetland resources or environments. [Compensation, including the replacement ratio and quality of replacement should be consistent with the requirements Ollllilled in the rules which will be adopted by the Board of Water and Soil Resources to implement the Wetland Conservation Act of 1991.} 8.10 Sleep slopes. No land disturbing or development activities shall be allowed on slopes of 18 per cent or more. . 8.11 Catch basins. All newly installed and rehabilitated catch basins shall be provided wilh a sump area for the collection of coarse-grained material. Such basins shall be cleaned when they are half filled with material. 8.12 Drain leaders. All newly constructed and reconstructed buildings will route drain leaders to pCI vious areas wherein the runoff can be allowed to infiltrate. The [low rate of walcr exiling . . . ,'V'j '. the leaders shall be controllc::d so no erosion occurs in the pervious areas. 8.13 Inspection and maintenance. All storm water management facilities shall be designed to minimize the need of maintenance, to provide access for maintenance purposes and to be structurally sound. All storm water management facilities shall have a plan of operation and maintenance that assures continued effective removal of pollutants carried in storm water runoff. The director of public works, or designated representative, shall inspect all storm water management faciliti~ during construction, during the first year of operation, and at least once every five years thereafter. The inspection records will be kept on file at the public works department for a period of 6 years. It shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the storm water management facilities for inspection and maintenance purposes. 8.14 Models/methodolo~ies/computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of storm water m'anagement structures shall be approved by the director of public works. Plans, specification and computations for storm water management facilities submitted for review shall be sealed and signed by a registered professional engineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the director of public works. 8.15 Watershed management plans/groundwater management plans. Storm water management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with Minnesota Statutes section t OJ 0.231 and t03B.2S5 respectively. and as approved by the Minnesota Board of Water and Soil Resources in accordance with state law. 8.16 Easements. If a storm water management plan involves direction of some or all runoff off of the site. it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. 9. LAWN FERTILIZER REGULATIONS 9.1 Use of impervious surfaces. No person shall apply fertilizer to or deposit grass clippings. leaves. or other vegetative materials on impervious surfaces, or within storm water drainage systems. natural drainage ways, or within wetland buffer areas. 9.2 Unimproved land areas. Except for driveways. sidewalks, patios, areas occupied by structures or areas which have been improved by landscaping, all areas shall be covered by plants or vegetative growth. 9.3 Fertilizer content. Except for the first growing season for newly established turf areas, no person shall apply liquid fertilizer which contains more than one-half percent by weight of phosphorus, or granular fertilizer which contains more than three percent by weight of phosphorus, unless the single application is less than or equal to one-tenth pound of phosphorus per one thousand square feet. Annual application amount shall not exceed one- half pound of phosphorus per one thousand square feet of lawn area. 9.4 Buffer zone. Fertilizer applications shall not be made within one rod (16.5 feet) of any wetland or water resource. [This distance is consistent with the draft ndea developed by the Board of Water and Soil Resources under the Wetland Conservation Act of 1991.J 10. PENALTY Any person, firm or corporation violating any provision of this ordinance shall be fined nnt less than five dollars nor more than five hundred dollars for each offense, and a separate offen$c shall be . . . deemed (;1 unmilled on each day during or on which a violation occurs or con~inues. 1 t OTHER CONTROLS In the event of any conflict between the provisions of this ordinance and the provisions of an erosion control or shoreland protection ordinance adopted by the [City Council, Town Board, County Board), the more restrictive standard prevails. 12 SEVERABILITY The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application 13. EFFECI1VE DATE This ordinance shall be effective the day of . 199_. . . . mULlOGRAPIIY FOR MODEL STOIU\t WATER l\1ANAGEMENT ORDINANCE Minnesota Pollution Control Agency, Division of Water Quality, Protecting Water Quality in. Urban Areas: Best ~-fanal!ement Practices for Minnesota (1989). Wisconsin Department of Natural Resources, "Model Construction Site Erosion Control Ordinance," Wisconsin Construction Site Best Manal!ement Practice Handbook (1987). Metropolitan Council, Environmental Protection: Model Ordinances for Use hv Local Governments ( 1977). Matthews, ?\funicipal Ordinances. ~~ 52.09, 52.10 (Cumulative Supplement, 2d Ed.).