HomeMy WebLinkAboutOrdinance 502.18 Stormwater ManagementORDINANCE 502 — ZONING ORDINANCE
Section 502.18: STORMWATER MANAGEMENT
Subd. 1: Intent, Purpose. The purpose of this Section is to establish regulatory
requirements for land development and land disturbing activities aimed at minimizing threats to
public health, safety, public and private property and natural resources within the City of St.
Joseph resulting from construction site erosion and post construction stormwater runoff. The
Objectives of this Section are:
(a) To maintain compliance with the City of St. Joseph's Stormwater Pollution
Prevention Program.
(b) To regulate land disturbing activity; installation, operations, maintenance and
replacement of the stormwater system (MS4); and to protect and prevent the
discharge of sediment into public and/or private lands, public infrastructure, wetlands
and water of the State.
(c) To establish legal authority to carry out all inspections, monitoring and enforcement
procedures necessary to comply with this ordinance.
Subd. 2: Definitions.
a) Best Management Practices (BMPS): Practices to prevent or reduce the pollution of
the waters of the state, including schedules of activities, prohibitions of practices, and
other management practice, and also includes treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge, or
waste disposal or drainage from raw material storage.
b) Certified Contractor: A person who has received training to inspect and maintain
erosion and sediment control practices.
c) Clearing: Any activity that removes ground cover and exposes topsoil material.
Drainage way: Any channel that conveys surface runoff throughout the site.
d) Erosion Control: A measure that prevents soil particle exposure and detachment.
e) Erosion and Sediment Control Plan: A set of plans prepared by or under the direction
of a licensed professional engineer or certified contractor indicating the specific
measures and sequencing to be used to control the sediment and erosion on a
development site during and after construction.
f) Grading: Excavation or fill of material.
g) Impaired or Special Waters: Waters identified as impaired under section 303 (d) of
the federal Clean Water Act for phosphorus (nutrient eutrophication biological
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indicators), turbidity, dissolved oxygen or aquatic biota (fish bio -assessment, aquatic
plant bio -assessment and aquatic macroinvertebrate bioassessment).
h) Land Disturbing: Any project or activity, including removal of vegetation,
excavations, clearing, filling, stockpiling and grading, or other earth change that
directly or indirectly affects slopes, water bodies, the moving of ground cover or may
result in the movement of sediment.
i) Land Disturbance Permit: A permit issued by the City for the construction or
alteration of ground cover improvement and structures for the control of erosion,
runoff and grading.
j) Municipal Separate Storm Sewer System (MS4): The conveyance or system of
conveyances including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, manmade channels, or storm drains owned and operated by the
City of St. Joseph, which is designed or used for collecting or conveying stormwater.
k) New Development: All construction activity that is not defined as redevelopment.
1) Owner and/or Operator: Includes the plural as well as the singular, and where
appropriate shall include a natural person, partnership, firm, association, public, or
quasi -public corporation, private corporation, or a combination of any of them, with
legal or equitable interest in the parcel of record or as identified on the land
disturbance permit.
m) Perimeter Control: A barrier that prevents sediment from leaving a site by filtering
sediment -laden runoff or diverting it to a sediment trap or basin.
n) Redevelopment: Projects with more than 15 percent impervious surface prior to
construction.
o) Site: A parcel of land or a contiguous combination thereof, where grading work is
performed as a single unified operation.
p) Stabilize, Stabilized, Stabilization: The exposed ground surface has been covered by
appropriate materials such as mulch, staked sod, riprap, erosion control blanket, mats
or other material that prevents erosion from occurring. Grass seeding, agricultural
crop seeding or other seeding alone is not stabilization. Mulch materials must achieve
approximately 90 percent ground coverage (typically 2 ton/acre).
q) Start of Construction: The first land disturbing activity associated with a
development, including land preparation such as ground clearing (grubbing), grading,
and filling. Installation of streets and walkways, excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation of accessory
buildings such as garages.
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r) Sediment: Soil particle(s) exposed to movement.
s) Sediment Control: Measures that prevent eroded sediment from leaving the site.
t) Steep Slopes: Slopes that are 1:3 (V:H) (33.3 percent) or steeper in grade.
u) Stormwater: Rainwater runoff, snow melt runoff, and surface runoff and drainage.
(Minn .R. 7090.0080, subp. 12.)
v) Stormwater Pollution Prevention Plan (SWPPP): A comprehensive plan developed to
manage and reduce the discharge of pollutants in stormwater.
w) Structural Stormwater BMP's: Stationary and permanent BMPs designed, constructed
and operated to prevent or reduce discharge of pollutants in stormwater.
Subd. 3: Land Disturbance Permit.
a) Applicability. Unless expressly exempted, a land disturbance permit shall be
required for any of the following activities:
Residential, Commercial and Industrial Site Construction Plans. All persons
wishing to start a land disturbance project on an existing lot of record for the
purposes of the construction of a residential, commercial or industrial primary
structure, shall submit a land disturbance permit at the time of obtaining a
building permit.
2. Roadway and Utility Installation Construction Plans. All persons wishing to
start a land disturbance project on an existing lot of record, for the purposes of
the construction of any roadway or utilities, shall submit a Land Disturbance
Permit to the City at the time of roadway and utility plan, which shall be
approved by the City Engineer.
3. Land disturbance activity that disturbs land that has any of the following
characteristics:
i. within 25 feet of a waterway;
ii. highly erodible soils; or
iii. any land disturbing activity that the City determines to have a high risk for
pollution due to proximity to stormwater infrastructure or public right of
way, steep slopes, or other extraordinary factors.
iv. Temporary stockpiling of 50 or more cubic yards of excess soil on any lot
or other vacant area shall not be allowed without issuance of a land
disturbance permit (and any other permit required by city ordinance) for
the earth moving in question.
b) Exempt Land Disturbance Activities. The following activities do not require a
land disturbance permit:
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Any emergency work that is immediately necessary for the protection of
life, property, or natural resources.
2. Existing nursery, as long as the activity does not exceed 43,560 square feet
(one acre) and agriculture operations as a permitted main or accessory use.
Subd. 4: Land Disturbance Permit Process and Data Requirements.
a) Application. Every applicant, prior to engaging in any land disturbing activity
regulated by this Ordinance, must apply to, and obtain from the City a land
disturbance permit. In all cases, the application must contain the required
information as outlined in this Ordinance, the application fee in an amount
established in the City's fee schedule, and if applicable a Stormwater Pollution
Prevention Plan which shall be reviewed and approved by the City prior to the
issuance of the land disturbance permit. No land disturbing activity regulated by
this Section may begin until the applicant has received a land disturbance permit
from the City. Each application shall include at a minimum:
Application form and fee.
2. Project name.
3. Address of the proposed land disturbing activities.
4. Total square feet to be disturbed.
5. Name, address, and contact information of the owner and/or developer of
the site.
6. Name and contact information of consulting firm(s) retained by owner
and/or operator, if applicable.
7. Unless otherwise exempted by this Ordinance, projects that create'/2 acre
or more of new impervious surface and/or redeveloped or 1 acre of land
is disturbed shall include a Stormwater Pollution Prevention Plan which
shall meet the requirements set forth in the City of St. Joseph Stormwater
Management Design Standards and as established by the Minnesota Pollution
Control Agency.
8. Erosion and Sediment Control Plan, including a site construction plan
which shall include the following information:
A. Existing site conditions showing the site and immediately
adjacent areas, including, floodplains, floodways, wetlands,
waterbodies, and stormwater drainage areas.
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B. Locations and dimensions of all proposed land disturbing
activities and any phasing of those activities;
C. Locations and dimensions of all temporary soil or dirt
stockpiles;
D. Locations and dimensions of all erosion prevention measures
and best management practices necessary to meet the
requirements of this Ordinance;
E. Schedule of anticipated starting and completion date of each
land disturbing activity including the installation of
construction site erosion control measures needed to
meet the requirements of this Ordinance.
F. Provisions for maintenance of erosion and sediment
prevention measures prior to final stabilization.
9. A plan of final site conditions, including final grading and
drainage, the establishment of permanent vegetation and a
clear delineation and tabulation of all impervious surfaces to
be installed on the site, including a description of the
surfacing material to be used.
10. Inspection and maintenance agreement and maintenance plan
(if applicable).
b) Review. The City or City's designated representative will review each land
disturbance permit application. It is the responsibility of the owner and/or
operator to meet the provisions of this Ordinance and the City of St. Joseph
Stormwater Management Design Standards. Most land disturbance permits for
building site plans will be issued within the same time period as the building
permit. The City of St. Joseph shall in writing either:
1. Approve the permit application;
2. Approve the permit application subject to such reasonable conditions as may
be necessary to secure substantially the objectives of this regulation, and issue
the permit subject to these conditions; or
3. Disapprove the permit application, indicating the reason(s) and procedure for
submitting a revised application and/or submission.
Subd. 5: Erosion and Sediment Control Plan. The Erosion and Sediment Control Plan
shall meet this Ordinance, the MPCA NPDES Construction Permit, and City of St. Joseph
Stormwater Management Design Standards. Grading, erosion control practices, and waterway
crossing shall be designed to adequately prevent the transportation of sediment from the site to
the satisfaction of the intent and purpose of this Ordinance. The City may apply stricter standards
or require temporary and permanent erosion and sediment control measures in addition to those
required by other public entities as deemed necessary to meet the purpose and objectives of this
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Ordinance. At a minimum, the following shall be automatically implemented:
a) Silt fencing or other sediment control practices shall be installed on all down gradient
perimeters prior to any land disturbing activity.
b) Rock mixture (as specified by the City Engineer and as recommended by the
Minnesota Pollution Control Agency in its publication Protecting Water Quality in
Urban Areas) shall be placed at the entrance to prevent sediment tracking.
Subd. 6: Stormwater Management Plan Required. The proposed provisions for
stormwater runoff shall be documented in a stormwater management plan prepared by a
Minnesota licensed engineer and in compliance with the City of St. Joseph Stormwater
Management Design Standards. Such stormwater management plan shall be reviewed and
approved by the City Engineer. All stormwater management and erosion and sediment control
shall comply with all applicable requirements of the watershed districts or water management
organizations in which the project is located. In the case of provisions in this Ordinance and
requirements of watershed districts or water management organizations that overlap or conflict,
the strictest provisions shall apply to the activities.
Subd. 7: Storm Water Development Fees. Following approval of a stormwater
management plan, applicants shall pay to the City a storm water development fee based upon the
square footage of the project's Net Developable Property. "Net Developable Property" is
defined as the gross land area minus the streets and other land area dedicated to the public. The
per square foot fee shall be set by the City Council and adjusted from time to time by resolution.
The City, in its sole discretion, may allow the applicant to offset the storm water fee, the cost of
construction or maintenance of community storm water management facilities designed to serve
multiple land disturbing and development activities that the developer paid for.
Subd. 8: Maintenance of Private Stormwater Management Facilities.
a) No private stormwater management facilities may be approved unless a
maintenance plan is provided and is consistent with the City of St. Joseph
Stormwater Management Design Standards.
b) Owners of private stormwater management facilities shall enter into a
Maintenance Agreement with the City describing responsibility for the long-term
operation and maintenance of the facilities. Agreements are transferable to any
party that becomes the owner/operator of the site.
Subd. 9: Public Stormwater Management Facilities - Easements. The applicant shall
establish, in a form acceptable to the City, temporary and perpetual easements, or dedicated
outlots, for ponding, flowage, and drainage purposes over hydrologic features such as water
bodies and stormwater basins. The easements or outlots shall include right of reasonable access
for inspection, monitoring, maintenance, and enforcement purposes.
Subd. 10: Stabilization Desim.
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a) Stabilization and use of Best Management Practices shall be in accordance with
approved BMP's as recommended by the Minnesota Pollution Control Agency
(MPCA) in its publication Protecting Water Quality in Urban Areas, or as
amended and approved by the City.
b) Erosion control requirements shall include the following:
1. Soil stabilization shall be completed within 7 days of clearing or inactivity in
construction.
2. If seeding or another erosion control measure is used, it shall become
established within three weeks or the City of St. Joseph may require the site to be
reseeded or a no vegetative option employed.
3. Soil stockpiles must be stabilized or covered at the frequency as all other
stabilization activities.
4. The entire site must be stabilized, using a heavy mulch layer or another
method that does not require germination to control erosion.
5. Techniques shall be employed to prevent the blowing of dust or sediment from
the site to the maximum extent possible.
6. Technique that diverts upland runoff past disturbed slopes shall be employed
to the maximum extent possible.
7. Other best management principals in order to ensure that sediment is not
tracked onto public streets by construction vehicles or washed into storm drains
such as rock construction entrances.
8. Removal of all debris, dirt and soil from impervious ground surfaces, including
abutting public or private roadways and sideways, sediment basins, catch basins
and in connection with the subject property,
Subd. 11: Inspection and Maintenance.
a) The Developer shall pay for all costs incurred by the City for subdivision review and
inspection. This would include preparation and review of plans and specifications by
technical assistants and costs incurred by the Attorney, as well as other costs of similar
nature.
b) The City or City's designated agent shall make inspections as hereinafter required and
either shall approve that portion of the work completed or shall notify the permittee
wherein the work fails to comply with the Storm Water Pollution Prevention Plan as
approved. Plans for grading, stripping, excavating and filling work bearing shall be
maintained at the site during the progress of the work.
c) The permittee or his/her agent shall make regular inspections of all control measures once
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every seven (7) days during active construction and within 24 hours after a rainfall event
greater than .5 inches in 24 hours. The purpose of such inspections will be to determine
the overall effectiveness of the control plan and the need for additional control measures.
All inspections shall be documented in written form and available upon request to the
City.
d) All inspections and maintenance conducted during construction must be recorded in
writing and must be retained with the SWPPP. Records of each inspection and
maintenance activity shall include:
1. Date and time of inspection.
2. Name of person(s) conducting the inspections.
3. Findings of inspections, including recommendations for corrective actions.
4. Date and amount of all rainfall events 0.5 inches or greater in 24 hours.
5. Corrective actions taken (including dates, times, and the party completing the
maintenance activities).
6. Documentation of changes made to SWPPP.
e) The City or City's designated agent shall enter the property of the applicant as deemed
necessary to make regular inspections to ensure the validity and compliance of the permit
filed.
f) The Applicant shall notify the City a minimum of forty-eight hours (48) notice prior to
the following required City Inspections.
1. Initial Inspection — when all Erosion and Sediment Control BMP's are installed.
2. Project Complete Inspection — when the project is complete including, but not limited
to, final Grading, installation of all Stormwater Management Facilities and Final
Stabilization measures are complete.
g) Parts of the construction site that have achieved final stabilization, but work continues on
other parts of the site, inspections of the stabilized areas can be reduced to once a month.
If work has been suspended due to frozen ground conditions, the required inspections and
maintenance must take place as soon as runoff occurs or prior to resuming construction,
which ever happens first.
h) All erosion and sediment BMP's shall be inspected to ensure integrity and effectiveness.
All nonfunctional BMP's shall be replaced or supplemented with a functional BMP. The
Permittee shall investigate and comply with the following inspection and maintenance
requirements.
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i) All silt fences must be repaired, replaced or supplemented when they become
nonfunctional or the sediment reaches 1/2 of the height of the fence. These repairs shall be
made within 24 hours of discovery or as soon as field conditions allow access.
j) Temporary and permanent sedimentation basins must be drained and the sediment
removed when the depth of sediment collected in the basin reaches 1/2 the storage
volume. Drainage and removal must be completed with 72 hours of discovery, or as soon
as field conditions allow access.
k) Surface waters, including drainage ditches and conveyance systems must be inspected for
evidence of sediment being deposited by erosion. The Permittee shall remove all deltas
and sediment deposited in surface waters, including drainage ways, catch basins, and
other drainage systems, and re -stabilize the area where sediment removal results in
exposed soil. The removal and stabilization shall take place within seven (7) days of
discovery unless precluded by legal, regulatory, or physical access constraints. The
Permittee shall use all reasonable efforts to obtain access. If precluded, removal and
stabilization shall take place within seven (7) calendar days of obtaining access. The
Permittee is responsible for contacting all local, regional, state and federal authorities and
receiving any applicable permits prior to conducting any work.
1) Construction site vehicle exit locations shall be inspected for evidence of off-site
sediment tracking onto paved surfaces. Tracked sediment shall be removed from all off-
site paved surfaces within 24 hours of discovery or if applicable within a shorter time.
M) The Permittee is responsible for the operation and maintenance of temporary and
permanent water quality management BMP's as well as all erosion prevention and
sediment control BMP's for the duration of the construction work at the site. The
Permittee is responsible until another Permittee has assumed control over all areas of the
site that have not been finally stabilized or the site has undergone final stabilization and a
notice has been submitted to the MPCA if the project has a SWPPP.
n) If sediment escapes the construction site, off-site accumulations of sediment shall be
removed in a manner and at a frequency sufficient to minimize off-site impacts (e.g.
fugitive sediment in streets could be washed into storm sewers by the next rain and/or
pose a safety hazard to users of public streets).
o) All infiltration areas shall be inspected to ensure that no sediment from ongoing
construction activities is reaching the infiltration area and these areas are protected from
compaction due to construction equipment driving across the infiltration area.
Subd. 12: Final Stabilization. The Permittee must ensure final stabilization of the site.
Final stabilization is achieved in the following ways:
a) All soil disturbing activities at the site have been completed and all soils will be
stabilized by uniform perennial vegetative cover with a density of at least 70 percent over
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the entire pervious surface area or other equivalent means necessary to prevent soil
failure under erosive conditions and:
1) All drainage ditches, constructed to drain water from the site after construction is
complete must be stabilized to preclude erosion; and
2) All temporary synthetic, and structural erosion prevention and sediment control
BMP's (such as silt fence) must be removed as part of the site final stabilization; and
3) The Permittee must clean out all sediment from conveyances and from temporary
sedimentation basins that are to be used as permanent water quality management
basins. Sediment must be stabilized to prevent it from washing back into the basin,
conveyances or drainage ways, discharging off-site or to surface waters. The cleanout
of permanent basins must be sufficient to return the basin to design capacity.
b) For residential construction only, final stabilization has been achieved when:
1) Temporary erosion protection and down gradient perimeter control for individual lots
has been completed and the residence has been transferred to the homeowner.
2) The Permittee must distribute the MPCA "Homeowner Fact Sheet" to the homeowner
to inform the homeowner of the need, and benefits of final stabilization.
Subd. 13: Financial Security. The City of St. Joseph may require at their discretion a
letter of credit or other financial security in a form acceptable to the City in the amount of 150%
of the total estimated construction cost of the stormwater management systems. Financial
securities shall not be released until all permitted and remedial work is completed. Financial
sercurities may be used by the City to complete work not completed by the Applicant.
Subd. 14: Enforcement.
a) Compliance required. The applicant shall implement and comply with the land
disturbance permit prior to and during any construction of land disturbing activity under
the land -disturbing permit. All stabilization measures shall be implemented and
maintained until all grading, excavation and construction work has ended.
b) Stop -Work Order: Revocation of Permit and Suspension of Construction In the event that
any person holding a land disturbance permit pursuant to this ordinance violates the terms
of the permit and in found non-compliant with the permit or implements site development
construction practices in such a manner as to materially adversely affect the health,
welfare, or safety of persons residing or working in the neighborhood or development site
so as to be materially detrimental to the public welfare or injurious to property or
improvements in the neighborhood, the City of St. Joseph may suspend construction and
revoke the site development permit. The City shall serve upon the property manager, or
other responsible persons written notice of the violation of the approved Land
Disturbance Permit.
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c) Violation and Penalties. No person shall construct, enlarge, alter, repair or maintain any
grading, excavation, or fill or cause the same to be done, contrary to or in violation of any
terms of this ordinance. Any person violating any of the provisions of this ordinance shall
be deemed quality of a misdemeanor and each day during which any violation of any of
the provisions of his ordinance is committed, continued, or permitted, shall constitute a
separate offence. Upon conviction of any such violation, a fine to be determined by the
City of St. Joseph for each offense shall punish such person, partnership or corporation.
In addition to any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this ordinance shall be
required to bear the expense of such restoration.
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