3.7. SR 06-18-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Consent
Item Description
Adoption of Otdinances
A. Repealing all of the Existing Section 30-416
Etosion and Sediment Control of the City Code
of Otdinances and Adopting aNew Section
30-416-Excavation, Grading, and Erosion
Control
. Resolution Approving Summary Publication of this
Ordinance
Amending Chapter 30 by Adding Article VII-Storm
Water Management
. Resolution Approving Summary Publication of this
Ordinance
Meeting Date
une 18, 2007
Item Number
3.7*
Prepared by
Rebecca Hau ,Environmental Admin
Reviewed by
Loti ohnson, Ci Administrator
Reviewed by
B.
Action Requested
Staff is recommending adoption of the attached Stormwater and Excavating, Grading, & Erosion Control
ordinances. Due to the length of the ordinances, staff is also recommending adoption of the attaehed
resolutions approving summary publication of each ordinance.
Background/Discussion
At the April 16, 2007 City Council meeting, staff gave an update on the City of Elk River's NPDES
permit requirements. As stated at that meeting, a component of the permit is to adopt a Storm Water
Ordinance. An ordinance was provided to you at the meeting for your review. One change that has been
made since that meeting is in reference to penalties. This seetion has been omitted after review by the
City Attorney.
The City currently has a section in the ordinance on Erosion and Sediment Control (see. 30-416);
however, it does not cover all of the areas we ate required to undet the NPDES permit. Staff is
requesting that this section be repealed and replaeed with the attached Excavating, Gtading & Erosion
Control Otdinance. It is much more detailed as to what the requirements are.
The proposed Storm Water Ordinance is new. The language contained in this ordinance is similar to a
majority of other communities such as Woodbury, Valley Branch Watershed District, Brown's Creek
Watershed District, and Ramsey-Washington Metro Watershed District. The language is from sample
ordinances provided by the Minnesota Pollution Control Agency (MPCA) and the Northland Nonpoint
Education for Municipal Officials (NEMO) Program.
One of the key components of this ordinance is to comply with the State's goal of obtaining a pollutant
loading water quality model that will provide, at minimum, changes in Average Annual Flow Volume,
Total Suspended Solids and Phosphorus. The following are the levels to be obtained with development:
. Reducing the amount of phosphorus by 60% for new developments and 40% for
redevelopments that do not currendy meet 60%.
. Volume control measures to determine infiltration rates prior to approval of plans
. 60% removal of Total Suspended Solids
. Both ordinances refer to the City's Engineering Design Guidelines for other design criteria
To meet the requirements of the NPDES phase II MS4 pertuit, the City will need to complete an
assessment of the City's stormwater discharge. Staff will be soliciting proposals to complete a
nondegradation report which will detail the assessment. Staff will be coming back to the Council with the
proposal and projected cost.
Staff also held a public meeting for builders, developers, excavators, and small utility contractors on
Wednesday, February 28,2007 as well as several staff meetings to review the proposed ordinances. The
attendees were asked to provide comments and the city did not receive any. The Planning Commission
reviewed the proposed ordinances at their April 10, 2007 meeting and recommended the Council approve
the ordinances.
Attachments
. Ordinance Amending Section 30-416 of the Elk River Municipal Code - Erosion and Sediment
Control, by Repealing All of Section 30-416 of the Elk River Municipal Code and Adopting
New Section 30-416 of the Elk River Municipal Code - Excavation, Grading and Erosion
Control
. Resolution Approving Summary Publication of above Erosion and Sediment Control Ordinance
. Ordinance Adding Article VII, Storm Water Management, to Chapter 30 of the Elk River
Municipal Code
. Resolution Approving Summary Publication of the above Stormwater Ordinance
Action
Motion by_
Second by _
Vote
Follow Up
I
ORDINANCE 07-_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-
416 OF THE ELK RIVER MUNICIPAL CODE, - EROSION AND SEDIMENT
CONTROL, BY REPEALING ALL OF SECTION 30-416 OF THE ELK RIVER
MUNICIPAL CODE AND ADOPTING NEW SECTION 30-416 OF THE
ELK RIVER MUNICIPAL CODE - EXCAVATION, GRADING AND
EROSION CONTROL
THE CITY COUNCIL OF THE CITY OF ELK RIVER DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I. SECTION 30-416 OF THE ELK RIVER MUNICIPAL CODE IS
HEREBY REPEALED.
SECTION 2. NEW SECTION 30-416 OF THE ELK RIVER MUNICIPAL
CODE IS HEREBY ADOPTED, AS FOLLOWS:
SECTION 30-416. EXCAVATION, GRADING AND EROSION CONTROL
(A) Purpose.
The purpose of this chapter is to protect the public health, safety and general welfare
by regulating grading on private property.
(B) Scope.
This chapter sets forth rules and regulations to control excavation, grading and
earthwork construction, including fills and embankments; establishes the
administrative procedure for issuance of permits; and provides for review of plans
and inspection of grading construction.
(C) Permits required.
No person shall do any excavation or grading without first having obtained a grading
permit from the city, except for the following:
1. Excavation, grading and filling necessary for approved development plans
and the construction of structures, sewage treatment systems, and driveways
under validly issued permits for these facilities do not require the issuance of
a separate excavation, grading, and filling permit. However, the excavation,
grading and filling standards in this section shall be incorporated into the
issuance of permits for development plans and for construction of structures,
sewage treatment systems, and driveways.
2. A permit is not required for incidental excavation, grading or filling for
landscaping projects, including but not limited to spreading black dirt three
inches to four inches in depth for seeding and sodding purposes and
decorative rock gardens.
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3. An excavation below finished grade for basements and footings of a building,
retaining wall or other structure authorized by a valid building permit. This
shall not exempt the requirement for a permit for fill made with the material
from such excavation nor exempt any excavation having an unsupported
height greater than 5 feet after the completion of such structure.
4. Cemetery graves.
5. Refuse disposal sites controlled by other regulations.
6. Excavations for wells or tunnels or utilities.
7. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel,
aggregate or clay where established and provided for by law or ordinance.
This shall not exempt these types of activities from the special use permit
requirements set forth in portions of the City Code.
8. Exploratory excavations under the direction of soil engineers or engineering
geologists.
9. An excavation which is less than two (2) feet in depth, or does not create a
cut slope greater than 5 feet in height and steeper than two horizontal to one
vertical (2:1).
10. A fill which is less than two (2) feet in depth and placed on natural teuain
with a slope flatter than three horizontal to one vertical (3:1), or less than
three (3) feet in depth, not intended to support structures. The fill shall not
exceed fifty (50) cubic yards on anyone (1) lot and shall not obstruct a
drainage course or infringe upon a ponding area or wet land.
11. Exemption from the permit requirements of this chapter shall not be deemed
to grant authorization for any work to be done in any manner in violation of
the provisions of this chapter.
12. State requirements for work in wetlands. Any excavation, grading and filling in a
wetland must meet the requirements of Minn. Stats. 55 103F.612--103F.616.
13. Conditional use permit required for cerlain projects. Any wedand excavation,
grading, or filling project where the wedand encompasses more than one
parcel shall require a conditional use permit pursuant to subdivision III of
division 2 of this article before any excavating, grading or filling activity can
take place.
D. General conformance.
Whenever the city determines that any existing excavation or embankment or fill on
private property has become a hazard to life and limb, or endangers property, or
adversely affects the safety, use or stability of a property, public way or drainage
channel, the owner of the property upon which the excavation or fill is located, or
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other person or agent in control of said property, upon receipt of notice in writing
from the city, shall within the period specified therein repair or eliminate such
excavation or embankment so as to eliminate the hazard and be in conformance with
the requirements of this code. The city may inspect any property for conformance
with this chapter.
E. Definitions.
For the purposes of this chapter the defmitions listed hereunder shall be construed
as specified in this section.
AllProval means the proposed work or completed work conforms to this chapter in
the opinion of the city.
As-graded means the extent of surface conditions on completion of grading.
Bedrock means in-place solid rock.
Bench means a relatively level step excavated into earth material of which fill is to be
placed.
BOfTOW means earth material acquired from an off-site location for use in grading on
a site.
CifY means the administrative staff, or its agency, of the City of Elk River.
CifY Council means the elected governing board of the City of Elk River.
Civil Engineer means a professional engineer registered in the State of Minnesota to
practice in the field of civil engineering.
Civil Engineering means the application of the knowledge of the forces of nature,
principles of mechanics and the properties of materials to the evaluation, design and
construction of civil works for the beneficial uses of mankind.
Contpaction means the densification of a fill by mechanical means.
Designer means a person registered by the Minnesota Board of Architects: Engineers,
land surveyors and landscape architects responsible for the preparation of the
grading plans and specifications.
Earth Material means any rock, natural soil or fill and/ or any combination thereof.
Enrjneering Design Guidelines means the guidelines developed, published and
periodically updated by the City.
Engineering Geolorjst means a geologist experienced and knowledgeable in engineering
geology.
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Engineering Geololl means the application of geologic knowledge and principles in the
investigation and evaluation of naturally occurring rock and soil for use in the design
of civil works.
Erosion means the wearing away of the ground surface as a result of the movement
of wind, water and! or ice.
Excavation means the mechanical removal of earth material.
Fill means a deposit of earth material placed by artificial means.
Geotechnical Engineer. See "Soils engineer."
Grade means the vertical location of the ground surface.
Existing grade means the grade prior to grading.
Rt;ugh Grade means the stage at which the grade approximately conforms to the
approved plan.
Finish Grade means the final grade of the site which conforms to the approved plan.
Grading means any excavating or filling or combination thereof.
l:$! means a designed compacted fill placed in a trench excavated in earth material
beneath the toe of a proposed fill slope.
Site means any lot or parcel of land or contiguous combination thereof, under the
same ownership, where grading is performed or permitted.
Slobe means an inclined ground surface the inclination of which is expressed as a
ratio of horizontal distance to vertical distance.
Soil means naturally occurring superficial deposits overlying bed rock.
Soils Engineer (Geotechnical Engineer) means an engineer experienced and
knowledgeable in the practice of soil engineering (geotechnical engineering).
Soils Engineering (Geotechnical Engineering) means the application of the principles of
soils mechanics in the investigation, evaluation and design of civil works involving
the use of earth materials and the inspection and/or testing of the construction
thereof.
Terrace means a relatively level step constructed in the face of a graded slope surface
for drainage and maintenance purposes.
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F. Grading permit requirements.
1. Pennits required. Except as exempted in, no person shall do any grading
without first obtaining a grading permit from the city. A separate permit shall
be required for each site, and may cover both excavations and fills. Changes
or deviation from previously reviewed plans require an amended permit be
applied for and approved before the work is performed.
2. When pennit mcg be applied for and issued. A grading permir may be applied for
ar any time. On a site that needs City Council approval a grading permit may
not be issued until such approval has been granted.
3. Application. To obtain a permit, the applicant shall first file an application in
writing on a form furnished by the city for that purpose. Every such
application shall:
(a) Identify and describe the work to be covered by the permit for which
application is made.
(b) Describe the land on which the proposed work is to be done by legal
description, street address or similar description that will readily
identify and definitely locate the proposed building or work.
(c) Indicate the purpose of the proposed work.
(d) Be accompanied by plans, diagrams, computations and specifications
and other data as required in subsection (e) of this section.
(e) State the valuation of the work.
(I) Be signed by the permittee or his authorized agent.
(g) Give such other data and information as may be required by the city.
4. Plans and pecifications. Each application for a grading permit shall be
accompanied by five (5) sets of plans and specifications and supporting data.
The plans, specifications and reports shall be prepared by an Engineer, Land
Surveyor and Landscape Architect signed by a person registered by the State
of Minnesota unless exempted by the city.
5. Infonnation on plans in pecifications. The plans shall include the information set
forth in the grading permit application and the Engineering Design
Guidelines.
6. Alternate materials and methods of construction. The provisions of this chapter are
not intended to prevent the use of any material or method of construction
not specifically prescribed by this chapter provided any alternate has been
approved and its use authorized by the city. The city may approve any such
alternate, provided the city finds the proposed design is satisfactory and
complies with the provisions of this chapter and that the materia~ method or
worked offered is, for the purpose intended, at least the equivalent of that
prescribed in this code in suitability, strength, effectiveness, fire resistance,
durability, safety and sanitation. The city shall require that sufficient evidence
or proof be submitted to substantiate any claims that may be made regarding
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its use. The details of any action granting approval of an alternate shall be
recorded and entered in the files of the city.
7. Modifications. Whenever there are practical difficulties involved in carryIng
out the provisions of this chapter, the city may grant modifications for
individual cases, provided the city shall first find that a special individual
reason makes the strict letter of this code impractical and that the
modification is in conformity with the intent and purpose of this code.
The details of any action granting modifications shall be recorded and
entered in the files of the city.
8. Tests. Whenever there is insufficient evidence of compliance with any of the
provisions of this chapter or evidence that any material or construction does
not conform to the requirements of this chapter, the city may require tests as
proof of compliance to be made at no expense to the city. Test methods shall
be as specified by this chapter or by other recognized test standards. If there
are no recognized and accepted test methods for the proposed alternate, the
city shall determine test procedures.
9. Soils engineering report. The soils engineering report, when required, shall
include data regarding the nature, distribution and strength of existing soils,
conclusions and recommendations for grading procedures and design criteria
for corrective measures, including buttress fills, when necessary, and
opinions and recommendations covering adequacy of sites to be developed
by the proposed grading, including the stability of slopes. Recommendations
included in the report and reviewed by the city shall be incorporated in the
grading plans or specifications.
10. Engineering geology report. The engineering geology report, when required, shall
include an adequate description of the geology of the site, conclusions and
recommendations regarding the effect of geologic conditions on proposed
development, and opinions and recommendations covering the adequacy of
sites to be developed by the proposed grading. Recommendations included
in the report and reviewed by the city shall be incorporated in the grading
plans or specifications.
11. Noise. Maximum noise level at the excavation, grading, or filling site shall
comply with the limits or standards established by the Minnesota Pollution
Control Agency (J'v1PCA) and the United States Environmental Protection
Agency (USEPA).
12. Hours of operation. All excavation, grading and filling operations shall be
conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday only
unless prior approval is given by the city. The Council may restrict excavation
processing or related operations on legal holidays if such activities cause
noise or other disturbances to adjacent property owners.
13. Review and issuance ofpermit. The application, plans, specifications,
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computations and other data filed by an applicant for a permit shall be
reviewed by the city. Such plans may be reviewed by other departments of
the jurisdiction to verify compliance with any applicable laws under their
jurisdiction. If the city finds that the work described in an application for a
permit and the plans, specifications and other data filed therewith conform
to the requirements of this chapter and other pertinent laws and ordinances,
and that the fees and security requirements for the permit have been
provided, the city shall issue a permit to the applicant. When the city issues
the permit where plans are required, the city shall endorse in writing or stamp
the plans and specifications "Reviewed". Such reviewed plans and
specifications shall not be changed, modified or altered without authorization
from the city, and all work shall be done in accordance with the reviewed
plans. The city may issue a permit for grading before the entire plans and
specifications have been submitted or reviewed, provided adequate
information and detailed statements have been filed complying with all
pertinent requirements of this chapter. The holder of such permit shall
proceed at his own risk without assurance that the permit for the entire
project will be granted.
14. &tention of plans. One (1) set of reviewed plans, specifications and
computations shall be retained by the city for a period of not less than ninety
(90) days from date of completion of the work covered therein; and one (1)
set of reviewed plans and specifications shall be returned to the applicant,
and such set shall be kept on the site of the building or work at all times
during which the work authorized thereby is in progress.
15. Validity ofpermit. The issuance or granting of a permit or approval of plans,
specifications and computations shall not be construed to be a permit for, or
an approval of, any violation of any of the provisions of this chapter or of
any other ordinance of the city. No permit presuming to give authority to
violate or cancel the provisions of this chapter shall be valid. The issuance of
a permit based upon plans, specifications and other data shall not prevent the
city from thereafter requiring the correction of errors in said plans,
specifications and other data, or from preventing grading operations being
carried or thereunder when in violation of this chapter or of any other
ordinance of the city.
16. Expiration. Every permit issued by the city under the provisions of this
chapter shall expire by limitation and become null and void if the work
authorized by such permit is not commenced with ninety (90) days from the
date of issuance of such permit, or if the work authorized by such permit is
suspended or abandoned at any time after the work is commenced for a
period of one hundred eighty (180) days. Before such work can be
recommenced, a new permit shall be first obtained to do so, and the fee
therefore shall be one-half the amount required for a new permit for such
work, provided no changes have been made or will be made in the
original plans and specifications for such work; and provided further that
such suspension or abandonment has not exceeded one (1) year. In order to
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renew action on a permit after expiration, the permittee shall pay a new full
permit fee. Any permittee holding an unexpired permit may apply for an
extension of the time within which the permittee may commence work under
that permit when the permittee is unable to commence work within the time
required by this section for good and satisfactory reasons. The city may
extend the time for action by the permittee for a period not exceeding one
hundred eighty (180) days upon written request by the permittee showing
that circumstances beyond the control of the permittee have prevented
action from being taken. No permit shall be extended more than once.
17. Suspension or revocation. The city may, in writing, suspend or revoke a permit
issued under the provisions of this chapter whenever the permit is issued in
error or on the basis of incorrect information supplied, or is found to be in
violation of any ordinance or regulation or any of the provisions of this
chapter.
G. Grading fees.
Fees shall be charged in accordance with the provisions of this section and as set
forth in the fee schedule adopted by the City Council by resolution from time to
time.
H. Financial security.
1. The city may require bonds in such form and amounts necessary to assure
that the work is completed in accordance with the approved plans and
specifications.
2. In lieu of a surety bond the applicant may file a cash bond or instrument of
credit with the city in an amount equal to that which would be required in the
surety bond.
3. If requested by the applicant, the amount of the financial security may be
reduced by the city. Such reduction will be based upon the extent to which
the grading and restoration have been completed and shall consider the
continued need for erosion control.
1. Amended permits.
Any changes desired to be made to the grading plan by the applicant following the
issuance of a grading permit shall be submitted to the city for review.
1. No grading changes may be implemented by the applicant unless approved
by the city.
2. Any desired change to the grading plan shall be supported by information
showing the change desired, the reasons for the change, the effect the change
would have upon buildings, structures, drainage facilities and patterns. The
request shall be accompanied by any additional supporting information
required by the city.
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J.
3. If the changes requested by the applicant are acceptable, the city will issue an
amendment to the grading permit.
Cuts.
1.
Generally. Unless otherwise recommended in the approved soils engineering
and/ or engineering geology report, cuts shall conform to the provisions of
this section. In the absence of an approved soils engineering report, these
provisions may be waived by the city for minor cuts not intended to support
structures.
2. Slope. The slope of cut surface shall be no steeper than is safe for the
intended use and shall be no steeper than three horizontal to one vertical
(3:1), for a short term interim period, unless the owner furnishes a soils
engineering or an engineering geology report, or both, stating that the site
has been investigated and giving an opinion that a cut at a steeper slope will
be stable and not create a hazard to public or private property. Unless
specifically approved, permanent slopes shall be no steeper than three
horizontal to one vertical (3:1).
3. Drainage and t"racing. Drainage and terracing shall be provided as required by
the Engineering Design Guidelines.
K.
Fills.
1.
Generally. Unless otherwise recommended in the approved soils engineering
report, fills shall conform to the provisions of this section. In absence of an
approved soils engineering report, these provisions may be waived for minor
fills not intended to support structures.
2. Clearing area to be jilled. All timbers, logs, trees, brush and rubbish shall be
removed from the site. No burning of the debris will be allowed unless a
burning permit is issued by the city.
3. Preparation of ground. The ground surface shall be prepared to receive fill by
removing vegetation, noncomplying fill, topsoil and other unsuitable
materials. The ground shall be scarified to provide a bond with the new fill
and, where slopes are steeper than five to one (5:1) and the height is greater
than five (5) feet, by benching into sound bedrock or other competent
material as determined by the soils engineer. The bench under the toe of a fill
on a slope steeper than five to one (5:1) shall be at least ten (10) feet wide.
The area beyond the toe of fill shall be sloped for sheet overflow or a paved
drain shall be provided. When fill is to be placed over a cut, the bench under
the toe of fill shall be at least ten (10) feet wide but the cut shall be made
both as a suitable foundation for fill.
4. Fill material. Organic material shall not be permitted in building pad or
roadway areas. Except as permitted by the city, no rock or similar irreducible
material with a maximum dimension greater than twelve (12) inches shall be
buried or placed in fills.
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Exception: The city may permit placement of larger rock when the soils
engineer properly devises a method of placement, continuously inspects its
placement and approves the fill stability. The following conditions shall also
apply:
(1) Prior to issuance of the grading permit, potential rock disposal areas
shall be delineated on the grading plan.
(2) Rock sizes greater than twelve (12) inches in maximum dimension shall
be ten (10) feet or more below grade, measured vertically.
(3) Rocks shall be placed so as to assure filling of all voids with fines.
(e) Compaction. All fills shall be compacted to a minimum ninety (90)
percent of maximum density as determined by the specified density
method. In-place density shall be determined in accordance with AS1:M
D698-70.
5. Slope. The slope of fill surfaces shall be no steeper than is safe for the
intended use or three horizontal to one (3:1) vertical, whichever is less.
6. Drainage and terracing. Drainage and terracing shall be provided and the area
above fill slopes and the surfaces of terraces shall be graded and paved as
required by the Engineering Design Guidelines.
L. Setbacks
1. Generally. Cut and fill slopes shall be set back from site boundaries in
accordance with this section. Setback dimensions shall be horizontal
distances measured perpendicular to the site boundary. Setback dimensions
shall be shown on the grading plan.
2. Top 0/ tut slope. The top of cut slopes shall be made not nearer to a site
boundary line than one-fifth of the vertical height of cut or a minimum of
two (2) feet, which ever is greater. The setback may need to be increased for
any required interceptor drains.
3. Toe 0/ fill slope. The toe of fill slopes shall be made not nearer to the site
boundary line than one-half the height of the slope or a minimum of two (2)
feet which ever is greater. Where a fill slope is to be located near the site
boundary and the adjacent off-site property is developed, special precautions
shall be incorporated in the work as the city deems necessary to protect the
adjoining property from damage as a result of such grading. These
precautions may include but are not limited to:
(a) Additional setbacks.
(b) Provisions for retaining or slough walls.
(c) Mechanical or chemical treatment of the fill slope surface to
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. .. .
.n.u.nun1Ze erosion.
(d) Provisions for the control of sutface waters.
4. Modification of slope location. The city may apptove alternate setbacks. The city
may requite an investigation and recommendation by a qualified engineer or
engineering geologist to demonstrate that the intent of this section has been
satisfied.
M. Erosion control.
Purpose
The putpose of this chapter is to protect sutface water quahty and safeguard private
ropertty and public welfare by establishing etosion control.
N. Scope
This chapter sets forth rules and regulations to related to erosion control; establishes
the administrative procedute for review of plans and inspection of Etosion Control
practices
Best management practices as defined by the MPCA, requitements of the NPDES
Construction permit shall apply in the subdivision and development of land areas
including construction sites permitted thtough grading permits or building permits.
O. Storm Water Pollution Prevention Plan (SWPPP)
1. A Storm Water Pollution Prevention Plan (SWPPP) is requited for all
construction sites with a distutbed area greater than or equal to twenty
thousand (20,000) square feet. The SWPPP must be submitted for review
and apptoved prior to any land distutbing activities. The SWPPP will
desiguate the temporary and permanent etosion control measutes to be
incorporated in the site development. The SWPPP must meet the
requitements described in the MPCA NPDES construction permit, PART
III as well as the requited contents and format of the SWPPP
described in the City of Elk River Engineering Desigu Guidelines.
2. Sites with less than twenty thousand (20,000) square feet of distutbed area
are requited to meet the ptovisions of the MPCA NPDES construction site
permit PART IV related to etosion and sediment conttol. This requitement
applies to consttuction sites permitted by a building and or grading permit
issued by the City of Elk River.
3. Consttuction sites must have perimeter best management practices and
consttuction site enttances installed and inspected before the City of Elk
River will issue a permit for building.
4. Ftozen Ground Conditions do not exempt a site from complying with the
requitements of this Chapter. At the applicant's request alternative perimeter
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controls may be implemented in place of the required silt fence installation.
A "Frozen Ground Agreement" must be completed, signed and submitted.
5. The following guidelines shall be applied at the city's discretion:
(a) The development shall conform to the topography and soils so as to
create the least potential for soil erosion.
(b) Erosion and sediment control measures shall be coordinated with the
different stages of development. Appropriate control measures shall be
installed prior to development when necessary to control erosion.
(c) The smallest practical increment of land shall be exposed at anyone
time during development.
(d) When soil is exposed, the exposure shall be for the shortest feasible
period of time,
(e) Where the topsoil is removed, sufficient arable soil shall be set aside for
respreading over the developed area. The soil shall be restored to a
depth of four inches and shall be of a quality at least equal to the soil
quality prior to development.
(f) Critical erosion areas exposed during construction shall be protected
with temporary vegetation, mulching or other acceptable means.
(g) Sediment basins (debris basins, silting basins, or silt traps) shall be
installed and maintained to remove sediment from runoff waters from
land subject to earth disturbance activities.
(b) Diversions shall be installed to divert surface water runoff from slopes
of ten percent or steeper.
(i) Provisions shall be made to effectively accommodate increased runoff
from slopes of ten percent or steeper.
0) Cut and fill slopes shall not be steeper than three feet horizontal to one
foot vertical (3:1) unless stabilized by a retaming wall, riprap, or other
acceptable means.
(k) During grading operations, necessary measures for dust control, as
required by the city, shall be implemented. (Code 1982, S 1008.14(8))
P. Inspection.
(1) Generalb. All grading operations for which erosion controls measures are
required shall be subj ect to inspection by the city.
(2) Regular Site Inspection. The City shall inspect sites permitted for construction by
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building permits, grading permits and subdivision development. The
inspections will be made to insure conformance with the SWPPP and with the
requirements of the MPCA NPD ES Construction Permit as they apply to the
site. This regular site inspection does not relieve the applicant of their
responsibility to conduct site inspections as required in the MPCA NPDES
construction permit.
(3) The costs associated with regular site inspections will be the responsibility of the
applicant. In the case of sites less than twenty thousand (20,000) square feet this
fee will be charged at issuance of the building permit at a rate set in the schedule
of fees approved by the City Council.
(4) &gular grading requirements. The city may require inspection and testing by an
approved testing agency. The testing agency's responsibility shall include, but
need not be limited to, approval concerning the inspection of cleared areas and
benches to receive fill, and the compaction of fills. When the city has cause to
believe that geologic factors may be involved the grading operation will be
required to conform to "engineered grading" requirements.
(5) Notification if noncompliance. If, in the course of fulfilling his responsibility under
this chapter, the designer, the soils engineer, the engineering geologist or the
testing agency finds that the work is not being done in conformance with this
ordinance or the reviewed grading plans, the discrepancies shall be reported
immediately in writing to the person in charge of grading work and to the city.
Recommendations for corrective measures, if necessary, shall be submitted.
(6) Transfer if responsibility jOr approvaL If the designer, the soils engineer, the
engineering geologist or the testing agency of record is changed during the
course of the work, the work shall be stopped until the replacement has agreed
to accept the responsibility within the area of his technical competence for
approval upon completion of the work.
Q. Completion of work.
(1) Final reports. Upon completion of the rough grading work and at the fmal
completion of the work the city may require the following reports, drawings
and supplements thereto:
a. An as-graded grading plan prepared by the designer including original
ground surface elevations, as-graded ground surface elevations, lot drainage
patterns and locations and elevations of all surface and subsurface drainage
facilities. The designer shall state that to the best of his knowledge the work
was done in accordance with the final reviewed grading plan.
b. A soils-grading report prepared by the soils engineer, including locations and
elevations of field density tests, summaries of field and laboratory tests and
other substantiating data and comments on any changes made during grading
and their effect on the recommendations made in the soils engineering
13
investigation report. The soil engineer shall render a finding as to the
adequacy of the site for the intended use.
c. A geologic grading report prepared by the engineering geologist, including a
final description of the geology of the site and any new information disclosed
during the grading and the effect of same on recommendations incorporated
in the approved grading plan. The geologic engineer shall render a finding as
to the adequacy of the site for the intended use as affected by geologic
factors.
(2) Notification of completion. The permittee or his agent shall notify the city when the
grading operation is ready for final inspection. Final approval shall not be given
until all work, including installation of all drainage facilities and their protective
devices, and all erosion-conttol measures, has been completed and turf has been
established in accordance with the final reviewed grading plan and the required
reports have been submitted.
Reference nuisance language.
R. Penalty.
Any person convicted of violating this chapter shall be guilty of a misdemeanor and
shall be subject to a fine or iruprisonment in the county jail, or both, as specified by
state statute. Such penalty may be iruposed in addition to suspension or revocation
of the grading permit.
Section 3. This ordinance shall take effect upon adoption as provided by law.
Passed and adopted this 18" day of June 2007 by the City Council of the City of Elk River.
Stephanie A. Klinzing, Mayor
ArrEST:
Tina Allard, City Clerk
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RESOLUTION 07-_
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF
SUMMARY PUBLICATION OF ORDINANCE #07-_
AN ORDINANCE REPEALING ALL OF EXISTING SECTION 30.416-
EROSION AND SEDIMENT CONTROL, OF THE ELK RIVER MUNICIPAL
CODE, AND ADOPTING A NEW SECTION 30-416 OF THE ELK RIVER
MUNICIPAL CODE, EXCAVATION, GRADING, AND EROSION
CONTROL
WHEREAS, on June 18, 2007 the Elk River City Council adopted Ordinance 07-_
Repealing Existing Section 30-416, Erosion and Sediment Control, of the Elk
River Municipal Code, and Adopting a New Section 30-416 of the Elk River
Municipal Code, Excavation, Grading, and Erosion Control; and
WHEREAS, new Section 30-416 sets forth rules and regulations to control excavation,
grading and earthwork construction, including fills and embanktnen ts;
establishes the administrative procedure for issuance of permits; and
provides for review of plans and inspection of grading construction; and
WHEREAS, a copy of the full text of the ordinance amending Section 30-416 of the Elk
River Municipal Code is available for inspection by any person at the office
of the Elk River City Clerk, 13065 Orono Parkway, during regular business
hours - 8:00 a.m. to 4:30 p.m., Monday through Friday.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Elk
River, by ar least four-fifths vore, authorizes the publication of the title and
summary of Ordinance 07-_ and that Ordinance 07-_ shall become
effective upon adoption as provided by law.
Passed and adopted this 18'" day of June 2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
ORDINANCE 07-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER ADDING ARTICLE V II,
STORM WATER MANAGEMENT, TO CHAPTER 30 OF THE ELK RIVER
MUNICIPAL CODE
Section I. Chapter 30 of the Elk River Municipal Code is hereby amended to add
thereto Article VII, as follows:
ARTICLE VII. STORM WATER MANAGEMENT
Sec. 30-2172. Generally.
(a) The purpose of this division is to set forth minimum requirements for storm water
management to diminish threats to public health, safety, public and private property and
natural resources of the community by establishing standards that will:
1. Protect life and property from dangers associated with flooding;
2. Protect public and private property from damage resulting from runoff or erosion;
3. Ensure site design minimizes the generation of storm water and maximizes pervious
areas for storm water treatment;
4. Promote regional storm water management by watershed;
5. Protect, maintain and/ or restore water quality from nutrients, pathogens, toxics and
debris;
6. Promote infiltration and groundwater recharge;
7. Achieve a sixty (60) percent reduction in phosphorus load rates to waters compared
to no controls for all new development, and a mean of forty (40) percent reduction
in phosphorus load for redevelopment areas that do not currently meet the sixty (60)
percent reduction standard and for street reconstruction where practicable.
(b) No person shall develop any land for residential, commercial, industrial, or institutional uses
without having provided the storm water management measures set forth herein to control
or manage runoff from such development. All water entering the storm drain system
generated on any developed and undeveloped lands, unless explicitly exempted by the city,
shall be protected from illegal disposal/discharge and illegal connections.
Section 30-2173. Definitions.
Unless specifically defined below, the words or phrases used in this ordinance shall have the same
meaning as they have in common usage. When not inconsistent with the context, words used in
the present tense include the future tense, words in the plural number include the singular number,
1
and words in the singular number include the plural number. The words "shall" and "must" are
always mandatory and not merely directive.
Applicant means any person or entity that applies for a building permit, subdivision approval, or a
permit to allow land-disturbing activities. Applicant also means that person's agents, employees,
and others acting under this person's direction.
Best Management Practices (EMP's) means erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling,
preventing, and minimizing the degradation of surface water, including construction-phasing,
minimizing the length of time soil areas are exposed, prohibitions, and other management
practices published by state or designated area-wide planning agencies. (Examples of BMP's can
be found in the current versions of the Minnesota Pollution Control Agency's publications,
"Protecting Water Quality in Urban Areas," and, "Storm-Water and Wedands: Planning and
Evaluation Guidelines for Addressing Potential Impacts of Urban Storm-Water and Snow-Melt
Runoff on Wedands," the United States Environmental Protection Agency's, "Storm Water
Management for Construction Activities: Developing Pollution Prevention Plans and Best
Management Practices," (as a reference for BMP's) and the Minnesota Department of
Transportation's, "Erosion Control Design ManuaL")
Buffer means a protective vegetated zone located adjacent to a natural resource, such as a water of
the state, that is subject to direct or indirect human alteration. Such a buffer strip is an integral
part of protecting an aquatic ecosystem through filtering, pollutants and providing adjacent
habitat. The width of a buffer strip is the width along each bank of a stream. Therefore, a 30-foot
wide stream with 100 foot buffer strips has a total width of 230 feet. Acceptable buffer vegetation
includes preserving existing predevelopment vegetation and/ or planting locally distributed native
Minnesota trees, shrubs and grassy vegetation. Alteration of buffers is stricdy limited. Buffer
areas are designated with permanent markers.
Developer means a person, firm, corporation, sole proprietorship, partnership, state agency, or
political subdivision thereof engaged in a land disturbance activity.
Discharge means the release, conveyance, channeling, runoff, or drainage, of storm water, including
snowmelt, from a construction site.
Energy Dissipation means the methods employed at pipe oudets to prevent erosion. Examples
include, but are not limited to; aprons, riprap, splash pads, and gabions that are designed to
prevent erosion.
Erosion means any process that wears away the surface of the land by the action of water, wind,
ice, or gravity. Erosion can be accelerated by the activities of people and nature.
Erosion Control Refers to methods employed to prevent erosion. Examples include soil
stabilization practices, horizontal slope grading, temporary or permanent cover, and construction
phasing.
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Erosion and Sediment Practice Specifications or Practice means the management procedures, techniques,
and methods to control soil erosion and sedimentation as officially adopted by either the state,
county, city or local watershed group, whichever is more stringent.
Exposed SoilAreasmeans all areas of the construction site where the vegetation (trees, shrubs,
brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more
prone to erosion. This includes topsoil stockpile areas; borrow areas and disposal areas within
the construction site. It does not include stockpiles or surcharge areas of gravel, concrete or
bituminous. Once soil is exposed it is considered "exposed soil," until it meets the definition of
"final stabilization."
Filter Strips means a vegetated section of land designed to treat runoff as overland sheet flow.
They may be designed in any natural vegetated form from a grassy meadow to a small forest.
Their dense vegetated cover facilitates pollutant removal and infiltration.
rznal Stabilization means that all soil disturbing activities at the site have been completed, and that
a uniform perennial vegetative cover with a density of seventy-five (75) percent of the cover for
unpaved areas and areas not covered by permanent structures has been established, or equivalent
permanent stabilization measures have been employed. Simply sowing grass seed is not
considered final stabilization. (Examples of vegetative cover practices can be found in the
current version of the Minnesota Department of Transportation's publication, "Supplemental
Specifications to the (year of the latest update) Standard Specifications for Construction.")
Hydric Soils means soils that are saturated, flooded, or ponded long enough during the growing
season to develop anaerobic conditions in the upper part.
Hydrophytic Vegetation means Macrophytic (large enough to be observed by the naked eye)_plant
life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a
result of excessive water content.
Impervious S uiface means a constructed hard surface that either prevents or retards the entry of
water into the soil, and causes water to run off the surface in greater quantities and at an increased
rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios,
driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.
Land Disturbance Activity means any land change that may result in soil erosion from water or wind
and the movement of sediments into or upon waters or lands within this government's
jurisdiction, including clearing & grubbing, grading, excavating, transporting and filling of land.
Within the context of this rule, land disturbance activity does not mean:
A. Individual home gardens, minor landscaping, repairs, and maintenance work.
B. Construction, installation, and maintenance of fences, signs, posts, poles, and
electric, telephone, cable television, utility lines or individual service connections to
these utilities, which result in creating under five thousand (5,000) square feet of
exposed soil.
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C. Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry)
crops.
D. Emergency work to protect life, limb, or property and emergency repairs, unless the
Land Disturbing Activity would have otherwise required an approved erosion and
sediment control plans, except for the emergency. If such a plan would have been
required, then the disturbed land area shall be shaped and stabilized in accordance
with the city's requirements as soon as possible.
Native Vegetation means the presettlement group of plant species native to the local region, that
were not introduced as a result of European settlement or subsequent human introduction.
Ordinary High Water Mark means the boundary elevation where the vegetation changes from
predominately aquatic (Where "aquatic" broadly means that the vegetation can survive moist
conditions.) to terrestrial. This elevation delineates the highest water level, which has been
maintained for a sufficient period of time to leave evidence upon the landscape, commonly that
point where the natural vegetation changes from predominantly aquatic to predominantly
terrestriaL Water often reaches this elevation in spring. For rivers and streams the ordinary high
water mark is usually the top of the bank. It is less well defined for lakes and wetlands. The
definition in Minnesota Statute 103G.005, subdivision 14 says that the" . . . "Ordinary high water
level" means the boundary of waterbasins, watercourses, public waters, and public waters
wetlands, and:
1. the ordinary high water level is an elevation delineating the highest water level that
has been maintained for a sufficient period of time to leave evidence upon the
landscape, commonly the point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial;
2. for watercourses, the ordinary high water level is the elevation of the top of the bank
of the channel; and
3. for reservoirs and flowages, the ordinary high water level is the operating elevation of
the normal summer pool.
The term "ordinary high water mark" is further defined in Minnesota Rule 6120.2500, subpart 11.
The Minnesota Department of Natural Resources' area hydrologist determines ordinary high
water marks.
Paved Surface means a constructed hard, smooth surface made of asphalt, concrete or other
pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and
parking lots.
Permanent Cover means "final stabilization." Examples include grass, gravel, asphalt, and concrete.
See also the definition of "final stabilization."
Receiving waters means the water where the discharge goes
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Sanitary waste facility means all property, real or personal, including
negative and positive easements and water and air rights, which is or may be needed or useful for
the processing or disposal of waste, except property for the collection of the waste and property
used primarily for the manufacture of scrap metal or paper. Waste facility includes but is not
limited to transfer stations, processing facilities, and disposal sites and facilities.
Sediment means the product of an erosion process; solid material both mineral and organic, that is
in suspension, is being transported, or has been moved by water, wind, or ice, and has come to
rest on the earth's surface either above or below water level.
Sedimentation means the process or action of depositing sediment.
Sediment Control means the methods employed to prevent sediment from leaving the development
site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales,
check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or
permanent sedimentation basins.
Soil means the unconsolidated mineral and organic material on the immediate surface of the earth.
For the purposes of this document stockpile of gravel, aggregate, concrete or bituminous
materials are not considered "soil" stockpiles.
Stabilized means the exposed ground surface after sod, erosion control blanket, riprap, or other
material that prevents erosion has covered it. Simply sowing grass seed is not considered
stabilization.
Storm Water under Minnesota Rule 7077.0105, subpart 41b storm water, "means precipitation
runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage."
(According to the Federal Code of Regulations under 40 CFR 122.26 [b][13], "Storm water means
storm water runoff, snow melt runoff and surface and drainage."). Storm water does not include
construction site dewatering.
Storm Water Pollution Control Plan means a joint storm water and erosion and sediment control plan
that is a document containing the requirements of Section 4 of the NPDES permit, that when
implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution. It
involves both temporary and permanent controls.
Structure means 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.
Subdivision means any tract of land divided into building lots for private, public, commercial,
industrial, etc. development. Minnesota Rule 6120.2500, subpart 17 defines subdivision as, " . . .
land that is divided for the purpose of sale, rent, or lease, including planned unit development."
Temporary Protection means short-term methods employed to prevent erosion. Examples of such
protection include: straw, mulch, erosion control blankets, wood chips, and erosion netting.
5
Vegetated or Grassy Swales means a vegetated earthen channel that conveys storm water, while
treating the storm water by bioflitration. Such swales remove pollutants by both filtration and
inflitration.
Waters of the State As defined in J\1innesota Statutes section 115.01, subdivision 22 the term ". . .
"waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells,
springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or
accumulations of water, surface or underground, natural or artificial, public or private, which are
contained within, flow through, or border upon the state or any portion thereof."
Wet Detention Facility means a permanent man-made structure, containing a permanent pool of
water, used for the temporary storage of runoff.
Wet Retention Facility The same as a wet detention facility.
Wetlands As defined in Minnesota Rules 7050.0130, subpart F, " . . . "wetlands" are those areas
that are inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are
not waters of the state. Wetlands must have the following attributes:
A. A predominance of hydric soils;
B. Inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for
life in a saturated soil condition; and
C. Under normal circumstances support a prevalence of such vegetation.
Sec. 30-2174. Storm Water and Urban Runoff Control.
(a) Illegal disposal/ dumping
1. No person shall throw, deposit, place, leave, maintain, or keep any substance upon
any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage
structure, business place, or upon any public or private plot of land, so that the
substance might be or become a pollutant, except in containers, recycling bags, or
other lawfully established waste disposal facility.
2. No person shall intentionally dispose of grass, leaves, ditt, or landscape material into
a water resource, buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet,
ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated
natural conveyance.
(b) Illicit discharges and connections
1. No person shall cause any illicit discharge to enter the storm sewer system or any
surface water uuless such discharge:
6
a. consists of non-storm water that is authorized by an NPDES point source
permit obtained from the MPCA; or
b. is associated with fire fighting activities or other activities necessary to
protect public health and safety; or
c. is one of the following exempr discharges: water line flushing or other
potable water sources, landscape irrigation or lawn watering, diverted stream
flows, rising ground water, ground water infiltration to storm drains,
uncontaminated pumped ground water, foundation or footing drains (not
including active groundwater dewatering systems), crawl space pumps, air
conditioning condensation, springs, non-commercial washing of vehicles,
natural riparian habitat or wetland flows, dechlorinated swimming pools and
any other water source not containing pollutant.
2. Dye testing is an allowable discharge, but requires a verbal notification to the
city prior to the time of the test.
3. No person shall use any illicit connection to convey non-storm water to the city's
storm sewer system.
4. The construction, use, maintenance or continued existence of illicit connections to
the storm sewer system is prohibited. This prohibition expressly includes, without
limitation; illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at the time of
connection.
5. A person is considered to be in violation of this ordinance if the person connects a
line conveying sewage to the storm sewer system, or allows such a connection to
continue.
(c) Good housekeeping provisions.
Any owner or occupanr of property within the city shall comply with the following good
housekeeping requirements:
1. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical
or septic waste in an area where discharge to streets or storm sewer system may
occur. This section shall apply to both actual and potential discharges.
a. Septic systems must be maintained to prevent failure.
b. No part of any individual septic system requiring on-land or in ground
disposal of waste shall be located closer than one hundred fifty (150) feet
from the ordinary high water level in the case of DNR protected waters, or
twenty-five (25) feet from the wetland boundary in the case of all other water
bodies, unless it is proven by the applicant that no effluent will immediately
7
or gradually reach the water bodies because of existing physical
characteristics of the site or the system.
c. Recreational vehicle sewage shall be disposed of at a proper sanitary waste
facility. Waste should not be discharged in an area where drainage to streets
or storm sewer systems may occur.
d. For pools, water shall be allowed to sit seven (7) days without the addition of
chlorine to allow for chlorine to evaporate before discharge.
2. Runoff of water from residential property shall be minimized to the maximum extent
practicable. Runoff of water from the washing down of paved areas in commercial or
industrial property is prohibited unless necessary for health or safety purposes and
not in violation of any other provisions in city codes.
3. Mobile washing companies (carpet cleaning, mobile vehicle washing, etc) shall
dispose of wastewater to the sanitary sewer. Wastewater shall not be discharged
where drainage to streets or storm sewer systems may occur.
4. Storage of materials, machinery, and equipment
a. Objects, such as motor vehicle parts, containing grease, oil or other
hazardous substances, and unsealed receptacles containing hazardous
materials, shall not be stored in areas susceptible to runoff.
b. Any machinery or equipment that is to be repaired or maintained in areas
susceptible to runoff shall be placed in a confined area to contain leaks, spills,
or discharges.
5. Debris and residue shall be removed, as noted below:
a. All motor vehicle parking lots and private streets shall be swept, at a
minimum of once a year in the spring to remove debris. Such debris shall be
collected and properly disposed.
b. Fuel and chemical residue or other types of potentially harmful material, such
as animal waste, garbage or batteries shall be removed as soon as possible
and disposed of properly. Hazardous waste must be disposed of at an
appropriate disposal site and shall not be placed in a trash container.
(d) Industrial or construction activity discharges.
Any person subject to an industrial or construction activity NPDES storm water discharge
permit shall comply with all provisions of such permit. Proof of compliance with said permit
may be required in a form acceptable to the city prior to the allowing of discharges to the
storm sewer system. All facilities that have storm water discharges associated with industrial
activity, including construction activity must adhere to the following guidelines:
8
1. The owner or operator of a commercial or industrial establishment shall provide, at
their own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the storm sewer system or watercourses through the
use of structural and non-structural BMPs.
2. Any person responsible for a property or premise, which is, the source of an illicit
discharge, shall be required to implement, at said person's expense, additional
structural and non-structural BMPs to prevent the further discharge of pollutants to
the storm sewer system. These BMPs shall be part of a storm water pollution
prevention plan (SWPPP) as necessary for compliance with requirements of the
NPDES permit.
(e) Construction and building site activity.
Construction sites and landscaping projects are especially susceptible to erosion and
pollution. For this reason, construction site operators must control waste such as discarded
building materials, concrete truck washout, chemicals, petroleum products, litter, and
sanitary waste at the construction site that may cause adverse impacts to water quality. The
developer shall be held responsible for adherence to these required prevention and conttol
measures:
1. A designated area shall be provided on site for concrete truck washout. The area
shall be constructed so as to contain washout material and be located at least fifty
(50) feet away from any storm drain inlet or receiving water during construction.
Upon completion of construction activities the concrete washout material will be
removed and properly disposed of prior to the area being restored.
2. The guidelines below should be followed concerning debris storage and disposal:
a. Daily cleanup of construction site shall be performed to ensure that all litter
is contained in an appropriate enclosure or container so as not to accumulate
on the ground.
b. Operators must keep solid waste materials in either a container or an
enclosed waste collection area.
c. Empty/unused chemical containers must be disposed of in accordance with
label instructions.
d. Potentially hazardous waste must be separated from non-hazardous waste.
e. Recycling of waste materials is encouraged when possible.
f. All construction site wastes must be disposed of at authorized disposal
facilities.
9
3. Rock construction entrances shall be constructed at all city-approved entrances.
Construction accesses not approved by the city should be adequately blocked to
prevent unwanted traffic.
a. Site access roads shall be graded or otherwise protected with silt fences,
diversion channels, or dikes and pipes to prevent sediment from exiting the
site via the access roads.
b. Individual lots shall each be required to install and maintain a rock
construction entrance throughout building construction until a dust free
access has been installed.
4. Sanitary waste facilities shall be provided on site and be located as far from storm
sewer inlets and receiving waters as practical on the construction site.
5. Chemicals, paint, petroleum, fertilizer, and pesticides must be stored in a covered
enclosure and as far from receiving waters as practical on the construction site.
(f) Notification of spills.
Not withstanding other requirements of law, as soon as any person responsible for a facility
or operation, or responsible for emergency response for a facility or operation has
information of any known or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the storm sewer system, or water of the
state said person shall take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous materials said person
shall immediately notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of non-hazardous materials, said person shall
notify the city no later than the next business day.
(gJ Access to buildings for inspection, monitoring and/ or dye testing.
1. The city shall be permitted to enter and inspect all buildings under this ordinance as
often as may be necessary to determine compliance with this ordinance.
2. Facility operators shall allow the city ready access to all parts of the premises for the
purposes of inspection, sampling, dye testing, examination and copying of records
that relate to the discharge of storm water.
3. The city shall have the right to set up at any building such devices as are necessary to
conduct monitoring, sampling and/ or dye testing of the facility's storm water
discharge.
4. The city has the right to require the discharger to install monitoring equipment as
necessary.
5. Unreasonable delays in allowing the city access to a facility is a violation of this
ordinance.
10
6. If the city has been refused access to any part of the premises from which storm
water is discharged, and is able to demonstrate probable cause to believe that there
may be a violation of this section, or that there is a need to inspect and/ or sample as
part of a routine inspection and sampling program designed to verify compliance
with this ordinance or any order issued hereunder, or to protect the overall public
health, safety, and welfare of the community, then the city may seek issuance of a
search warrant from any court of competent jurisdiction.
(h) Suspension of storm sewer system access.
1. Suspension due to illicit discharges in emergency situations
The city may, without prior notice, suspend storm sewer system discharge access to a
person when such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the environment,
or to the health or welfare of persons, or to the storm sewer system or waters of the
state. If the violator fails to comply with a suspension order issued in an emergency,
the city may take such steps as deemed necessary to prevent or minimize damage to
the storm sewer system or waters of the state, or to minimize danger to persons.
2. Suspension due to the detection of illicit discharge
Any person discharging to the storm sewer system in violation of this ordinance may
have their storm sewer system access terminated if such termination would abate or
reduce an illicit discharge. A person commits an offense if the person reinstates
storm sewer system access to premises terminated pursuant to this section, without
the prior approval of the city.
Sec. 30-2175. Post Construction Storm Water Management.
The purpose of this section is to comply with the State's goal of obtaining a pollutant loading
water quality model that will provide, at minimurn, changes in Average Annual Flow V olurne,
Total Suspended Solids, and Phosphorus. This modeling will be based on two time periods: from
1988 (1988-1990) to the present (2000-2005), and from the present to 2020 or ultimate
development, whichever will occur first.
(a) The applicant shall consider reducing the need for storm water management
performance standards by incorporating the use of natural topography and land cover.
It shall also:
1. Minimize impact to significant natural features.
2. Review the site for wetlands, wooded areas of significance, rare and endangered
species habitat, areas designated by the County Biological Survey (1993), and/or Elk
River Natural Resource Inventory (NRI) (December 2004). These areas should not
be developed.
11
3. Minimize impervious surface coverage to the maximum extent practicable.
4. In designated shoreland areas the development shall meet the impervious surface
requirements of the Shoreland Ordinance regardless of conveyance systems.
5. Have a proposed design, suggested location and phased implementation of effective,
practicable storm water management measures for plans designed, engineered and
implemented to achieve the following results:
a. Volume control
Designer shall be tequired to provide soil boring analysis to determine the
infiltration rate ptior to approval of plans.
b. Phosphorus control
Storm water shall be treated to remove sixty (60) percent of the post-
development phosphorus load on an annual basis before discharge to natural
water bodies. 'Where water quality ponding is exclusively used to meet the
phosphorus removal requirement, the ponds must be sized to store the site
runoff from a two and one-half (2.5) inch rainfall below the normal oudet
elevation.
c. Total Suspended Solids
Treatment also must achieve a sixty (60) percent removal of suspended solids.
d. Oil and wease control
For all storm water plans for commercial or industrial developments and all
other uses where the potential for pollution by oil or grease, or both, exists, the
first one-half (0.5) inch of runoff will be treated using the best oil and grease
removal technology available. This requirement may be waived by the city when
the applicant can demonstrate that installation of such practices is not necessary.
e. Runoff rate control
Refer to city's design standards.
(b) All storm water facilities shall be designed, installed and maintained to effectively
accomplish the following:
1. Minimize predevelopment peak runoff rates for the two (2) year, twenty-four
(24) hour storm event.
2. Minimize predevelopment peak runoff rates for the ten (10) year, twenty-four
(24) hour storm event. At a minimum, the storm sewer system shall be
designed for this storm event. Low areas must have an acceptable overland
drainage route with the proper transfer capacity when the event is exceeded.
3. Minimize predevelopment peak runoff rates for the one hundred (100) year,
twenty-four (24) hour storm event.
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(c) Oudets.
Discharges from new construction sites must have a stable oudet capable of carrying
designed flow at a non-erosive velocity. Oudet design must consider flow capacity and
flow duration. TIlls requirement applies to both the site oudet and the ultimate oudet to
the storm sewer system or waterbody. Measures to trap floatables for energy dissipation
must also be constructed.
(d) Minimize impervious surface area and maximize infiltration.
Where ditected by the city and based on site feasibility, projects shall use existing natural
drainage ways and vegetated soil surfaces to convey, store, filter, and retain storm water
runoff before discharge into public waters or a storm sewer system (permanent pool
areas of wet ponds tend to lose infiltration capacity and will not be accepted as an
inf11tration practice). The applicant shall attempt to limit the impervious surface of the
developed site or subdivision by incorporating the following design considerations,
consistent with zoning, subdivision, and PUD requirements:
1. Natural vegetation preserved wherever practical
2. Narrowing street widths
3. Reducing parking lot space
4. Sidewalk locations
5. Reducing setbacks and driveways
6. Maximizing open space while incorporating smaller lot sizes to conserve natural
areas and reduce the amount of storm water runoff generated at the site
7. Using landscaping and soils to treat and inf11trate storm water runoff
8. E1iminate curb and gutrer where practicable, and use vegetated swales or equivalent
9. Look for vegetated areas that can fllter sheet flow, removing sediment and other
pollutants, and increasing the time of concentration
10. Disconnect impervious areas by allowing runoff from small impervious areas to be
ditected to pervious areas where it can be infiltrated or filtered
11. All runoff from downspouts, driveways and other impervious areas shall be ditected
to pervious surfaces, where feasible, or unless the applicant can demonstrate that the
practice is likely to result in groundwater contamination
12. Increase buffers around streams, steep slopes, and wedands to protect from flood
damage and provide additional water quality treatment
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13. Use shared parking facilities consistent with zoning requirements
14. Install semi-permeable/permeable or porous paving.
(e) Pond requirements.
For all projects creating more than one acre of impervious surface, ponding shall be
required. At a minimum all pond design specifications shall conform to the city's
Engineering Design Standards and the current requirements found in the NPDES
construction permit.
(f) Regional ponding.
If the city determines the site is not suitable for on-site ponding, off-site storm water
management and associated fees may be established, provided that provisions are made
to manage storm water by an off-site facility, and provided that all of the following
conditions for the off-site facility are met:
1. The facility is in place or the city has knowledge of future regional ponding on site;
2. The facility is designed and adequately sized to provide a level of storm water control
that at least meets the ordinance standards
3. The city is satisfied that the facility has a legally obligated entity responsible for its
long-term operation and maintenance.
(g) Accepted alternative storm water treatments.
Alternative storm water treatments, including but not limited to rain gardens and
infiltration basins, may be installed. and shall be reviewed and approved by the city.
(h) Maintenance of private storm water facilities.
All private storm water facilities shall be maintained by the owner in proper condition
consistent with the performance standards for which they were originally designed.
1. All setded materials from sumps, grit chambers, and other devices, including setded
solids, shall be removed and properly disposed of on an annual basis. One (1) to five
(5) year waivers from this requirement may be granted by the city when the owner
presents evidence that the facility has additional capacity to remove setded solids in
accordance with the original design capacity.
2. Ponds shall be inspected at least once every five (5) years to determine if setded
materials should be removed. Setded materials shall be removed and properly
disposed of when the pond is no longer functioning at the original design capacity.
3. When requested by the city, a maintenance plan must be provided that defines who
will conduct the maintenance, the type of maintenance and the maintenance intervals
of a private storm water facility before the facility is approved.
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4. All storm water facilities must be designed to minimize the need for maintenance, to
provide easy vehicle and personnel access for maintenance purposes, and be
sttuctutally sound. It shall be the responsibility of the applicant to obtain any
necessary easements or other property interests to allow access to the facilities for
inspection or maintenance.
5. The city shall have the right to request and review inspection and maintenance
records and shall have the right to perform an inspection of storm water facilities at
any time if the city has probable cause to believe that the facilities are not being
properly maintained or inspected.
Section 30-2176. Enforcement.
Notice of Violation.
1. Upon discovering that a person has violated a prohibition or failed to meet a
requitement of this section, under the provisions of this article the city administrator
or designee shall serve a notice upon the owner of the property upon which the
nuisance exists. Such notice shall be given by certified mail at the last known address
as shown on the property tax records of the county. Such notice shall advise that a
nuisance exists and requite the property owner to abate the nuisance within a
reasonable time, as established by the city administrator or designee and stated in the
notice. Such time shall not be less than 14 days. Such notice may requite without
limitation:
a. The performance of monitoring, analyses, and reporting;
b. The elimination of illicit connections or discharges;
c. That violating discharges, practices, or operations shall cease and desist;
d. The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property; and
e. Payment of a fine to cover administrative and remediation costs; and
f. The implementation of source control or treatment BMPs.
2. Such notice shall also advise the property owner of the right to request a heating
before the city administrator or designee to contest the contents of the notice.
3. If requested by the person upon whom the notice is served under subsection (a) of
this section, a heating before the city administrator or designee shall be held at which
the person may contest the contents of the notice. The request for such a heating
must be made within five days after receipt of the notice provided for in subsection
(a) of this section. After such hearing the city administrator or designee may affirm
the notice, modify the notice or quash the notice.
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4. If the property owner does not abate the nuisance as required by the notice provided
for in subsection (a) of this section and has not requested a hearing before the city
administrator or designee under subsection (b) of this section, authorized agents of
the city shall abate the nuisance. The cost of such abatement shall be collected as a
special assessment against the property upon which the nuisance was located.
5. If the property owner requests a hearing before the city administrator or designee
under subsection (b) of this section, no abatement actions shall be taken until the
hearing is held. If after the hearing the city administrator or designee affirms or
modifies the notice and the nuisance is not abated as provided in the notice as
affirmed or modified, authorized agents of the city shall abate the nuisance. The cost
of such abatement shall be collected as a special assessment against the property
upon which the nuisance was located.
6. Nothing in this section prevents abatement by the city of a public nuisance without
notice and hearing in the case of an emergency in which there is an immediate and
direct threat to the public health or safety. The expense of such an emergency
abatement shall be collected as a special assessment against the property upon which
the nuisance was located.
Passed and adopted this 18'h day of June 2007, by the City Council of the City of Elk River.
This ordinance shall take effect upon publication as provided by law.
Stephauie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
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RESOLUTION 07-_
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF SUMMARY PUBLICATION
OF ORDINANCE # 07-_ ADDING ARTICLE VII, STORM WATER
MANAGEMENT, TO CHAPTER 30 OF THE ELK RIVER MUNICIPAL
CODE
WHEREAS, onJune 18,2007 the Elk River City Council adopted Ordinance # 07-_
adding Article VII, Storm Water Management, to Chapter 30 of the City of
Elk River Municipal Code of Ordinances; and
WHEREAS, the purpose of the ordinance is to set forth minimum requirements for
storm water management to diminish threats to public health, safety, public
and private property and natural resources of the cormnunity by establishing
standards that will: Protect life and property from dangers associated with
flooding; Protect public and private property from damage resulting from
runoff or erosion; Ensure site design minimizes the generation of storm
water and maximizes pervious areas for storm water treatment; Promote
regional storm water management by watershed; Protect, maintain and/ or
restore water quality from nutrients, pathogens, toxics and debris; Promote
infiltration and groundwater recharge; Achieve a sixty (60) percent reduction
in phosphorus load rates to waters compared to no controls for all new
development, and a mean of forty (40) percent reduction in phosphorus load
for redevelopment areas that do not currently meet the sixty (60) percent
reduction standard and for street reconstruction where practicable; and
WHEREAS, the Stormwater Management Ordinance provides that person shall develop
any land for residential, cormnercial, industrial, or institutional uses without
having the provided storm water management measures set forth in the
ordinance to control or manage runoff from such developments; and
WHEREAS, a copy of the full text of the Storm Water Management Ordinance is
available for inspection by any person at the office of the Elk River City
Clerk, 13065 Orono Parkway, during regular business hours - 8:00 a.m. to
4:30 p.m., Monday through Friday.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Elk
River, by at least four-fifths vote, authorizes the publication of the title and
summary of Ordinance 07-_ and that Ordinance 07-_ shall become
effective upon adoption as provided by law.
Passed and adopted this 18th day of June, 2007.
S:\Resolutions\2007 Resolutions\Unapproved\Summary Ord Storm Water.doc
ATTEST:
Tina Allard, City Clerk
Stephanie Klinzing, Mayor
S:\Resolutiom\2007 Resolutions\Unapproved\Summary Ord Storm Water. doc