ORD 07-005
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ORDINANCE 07.05
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER ADDING ARTICLE VII,
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 inftltration 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 currendy 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 explicidy 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,
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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 (BMP'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 ofBMP'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 Wetlands: Planning and
Evaluation Guidelines for Addressing Potential Impacts of Urban Storm-Water and Snow-Melt
Runoff on Wetlands," 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.")
BujJermeans 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 strictly limited. Buffer
areas are designated with permanent markers.
Devefopermeans 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 outlets 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 Soil Areas means 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.
Final 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 if 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 eyetplant
life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a
result of excessive water content.
Imperoious Surface means a constructed hard surface that either prevents or retards the entry of
water into the soil, and causes water to run off the surface in greater quantities and at an increased
rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios,
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 fllling 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 presetdement group of plant species native to the local region, that
were not introduced as a result of European setdement 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 predominandy aquatic to predominandy
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 wedands. 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
wedands, 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
predominandy aquatic to predominandy 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.
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Vegetated or Gras!} Swales means a vegetated earthen channel that conveys storm water, while
treating the storm water by biof1ltration. Such swales remove pollutants by both f1ltration and
inf1ltration.
Waters of the State As defIned in Minnesota 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, dirt, 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 unless such discharge:
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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 exempt 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 occupant 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
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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:
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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 control
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.
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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 oflaw, 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.
(g) 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.
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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 minimum, changes in Average Annual Flow Volume,
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 ftrst .
(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 signiftcant natural features.
2. Review the site for wedands, wooded areas of signiftcance, 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.
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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 required to provide soil boring analysis to determine the
inf1ltration rate prior 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 outlet
elevation.
c. Total Suspended Solids
Treatment also must achieve a sixty (60) percent removal of suspended solids.
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d. Oil and grease 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
ftrst 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.
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3. Minimize predevelopment peak runoff rates for the one hundred (100) year,
twenty-four (24) hour storm event.
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(c) Outlets.
Discharges from new construction sites must have a stable outlet capable of carrying
designed flow at a non-erosive velocity. Outlet design must consider flow capacity and
flow duration. This requirement applies to both the site outlet and the ultimate outlet 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 inf1ltration.
Where directed by the city and based on site feasibility, projects shall use existing natural
drainage ways and vegetated soil surfaces to convey, store, f1lter, and retain storm water
runoff before discharge into public waters or a storm sewer system (permanent pool
areas of wet ponds tend to lose inf1ltration capacity and will not be accepted as an
inf1ltration 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 infIltrate storm water runoff
8. Eliminate curb and gutter where practicable, and use vegetated swales or equivalent
9. Look for vegetated areas that can futer 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
directed to pervious areas where it can be inf1ltrated or f1ltered
11. All runoff from downspouts, driveways and other impervious areas shall be directed
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 wetlands 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
inf1ltration 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
structurally 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
requirement 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 require 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 require 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 hearing
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 hearing 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 hearing
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 18th 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.
.~
1\U.' "
Steph . 'e Klinzing,
~~/' / C()
~-, ( \: "/'<...
__,e __
Tina Allard, City Clerk
16
AFFIDAVIT U CAT N
STATE OF MINNESOTA ) SS
COUNTY OF SHERBURNE )
RESOLUTION 07-56 Elizabeth Harris,being duly sworn on oath says that she is the General Manager of the
A RESOLUTION OF THE CITY
OF ELK RIVER Newspaper known as the Star News,and has full knowledge of the facts which are stated
A RESOLUTION APPROVING below:
NOTICE OF SUMMARY
PUBLICATION OF (A)The Newspaper has complied with all oftherequirements constituting qua lifications
ORDINANCE#
ARTICLE VII,STORM WATE R as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
MANAGE, MENT,TO CHAP- applicable laws, as ammended.
TER 30 OF THE ELK RIVE R
MUNICIPAL CODE, (B) The printed Resolution, which is attached was cut from the columns of said
WHEREAS,on June 18, 2007` newspaper and was tinted and published once a week for one week;it was first published
the Elk River City Council' p' P � p
adopted Ordinance#07-05 add- on Wednesday,the 27th day ofJune,2007,and was therefore printed and published on every
ing Article VII, Storm Water Wednesday to and including Wednesday,the 27th day of June,2007,and printed below is a
Management,to Chapter 30 of the
City of Elk River Municipal Code copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowledged
of Ordinances;and as being the size and kind of type used in the composition and publication of the notice
WHEREAS,the purpose of the
ordinance is to set forth mini-
mum requirements for storm
water management to diminish`
threats to public health, safety, abcdefghijklmnopgrstuvwxyz
public and private property and
natural resources of the commu-
nity by establishing,standards
`hat will; Protect life and prop
arty from dangers associated with
flooding; Protect public and'pri-
vate property from damage
resulting from runoff or erosion
Ensure site,design minimizes the
generation of storm water and General Manager
maximizes pervious areas for
storm water treatment; Promote"
regional storm water manage-
ment by watershed'; Protect, Subscribed and sworn to before me on
maintain and/or restore water this 27th day of June,2007
quality from nutrients,pathogens,
taxies'and debris; Promote infil- � m
Craton and groundwater '°v �,'1DY6 SesgiiS°°I
recharge; Achieve a sixty (60) Otaiyub16
percent reduction in phosphorus 1 'f 1A.in lesota `
load rates to waters compared to ,!2L )) l. ,�c�vvry a�.2bLt My Commission Expif€sJc111 my 31,2010
no controls for all new develop-
ment, 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 Notary Public
and'for street reconstruction ------ - ----- ------ - ------ ---------- -
where practicable;and
WHEREAS, the Stormwater RATE INFORMATION
Management Ordinance provides +
that person shall develop auy;innd".
for residential,commercial, ndus- (1) Lowest classified rate paid by
trial, or institutional uses vrith- $ 28.80
out havina'the provided storm commercial users for comparable space
water:in measures set (line, word or inch rate)
forth in the ordinance to control or
ma�la�ge runoff from such'de vel- (2) Maximum rate allowed by law for the $ 14.85
�de
opments;and above matter
WHEREAS,a copy of the full (line,word or inch rate)
text of the Storm Water Manage-
ment`Ordinance is available for (3) Rate actually charged for the above $ 14.85
inspection by any person at the matter
office of the Elk River City Clark,
13065 Orono Parkway, during (line,word or inch rate)
regular business hours-8:00 a,m.
to 4:30 p.m. Monday through Fri-
day.
NOW, THEREFORE, BE IT
RESOLVED,that the City Coun-
cil of the City of Elk River,by at
least four-fifths vote, authorizes
the publication of the title and
summary of Ordinance 07-05 and
that Ordinance 07-05 shall
become effective upon adoption as
provided by law.
Passed and adopted this 18Th
day of June,2007.
Stephanie Klinzing
Mayor
ATTEST:
Tina Allard,City Clerk
(Jn27)
f