2011-01-25 Planning Comm Agenda Packet* * MEET AND GREET WITH MAYOR SANDRA KREBSBACH 6:30 P.M.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION
AGENDA
January 25, 2011 - 7:00 P.M.
1. Call to Order
2. Roll Call
3. Approval of the Agenda
4. Approval of the December 28, 2010 Planning Commission Minutes
5. Hearings
a. Case No. 11-01: Victor Perlbachs for Mendota Heights Church of Christ — 680 Highway
110, Conditional Use Permit for an addition to expand their daycare and early learning
center. Public Hearing 7:00 P.M.
b. Case No. 11-02: City of Mendota Heights — Zoning Ordinance Amendinent . Public
Hearing 7:00 P.M.
6. Verbal Review
7. Adj ourn
Auxiliary aids for persons with disabilities are available upon request at least 120 hours in
advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make
every attempt to provide the aids, however, this may not be possible on short notice. Please
contact City Administration at 651-452-1850 with requests.
Planning Commission Minutes
December 28, 2010
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
DECEMBER 28, 2010
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, December 28, 2010, in the
Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Acting Chair Norton, Commissioners Field, Hennes, McManus, and
Viksnins. Those absent and excused: Chair Povolny. Those present were Assistant to the City Administrator Jake
Sedlacek, and NAC Planner Stephen Grittman. Minutes were recorded by Carla Wirth.
Approval of November 23, 2010, Minutes
COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER MCMANUS, TO APPROVE THE
MINUTES OF NOVEMBER 23, 2010, AS PRESENTED.
AYES: 5
NAYS: 0
Hearinks
PLANNING CASE #10-34
William Gacki
1133 Cascade Lane
Critical Area Permit for a 3 -season porch
Planner Grittman presented the application of William and Joan Gacki requesting approval of a critical area permit
to allow the construction of a three -season porch addition to their home located at 1133 Cascade Lane, which is
zoned R-1, single family residential. The porch addition is proposed to be located in the rear yard of the property
and measures 17 feet 4 inches by 12 feet, approximately 208 square feet in size. The porch would be within the
critical area, requiring a critical area permit to allow the City to detennine if impacts to the River or critical area
exist. Mr. Grittman displayed a drawing of the subject site identifying the proposed porch addition on the west side
of the house, noting more than adequate residential setbacks would be maintained. The structure would add roof
and bulk but, in this case, there would be no impacts to the critical area or bluff area because of existing conditions.
Mr. Grittman stated that staff recommends approval since the proposed addition should not have a negative impact
on the aesthetic integrity or natural environment of the Mississippi critical area and all zoning requirements are met.
If recommended for approval, he suggested one condition that the exterior materials of the porch addition match the
existing home.
Acting Chair Norton opened the public hearing.
Commissioner Hennes asked about the height of the proposed porch. Mr. Grittman displayed a picture of the
proposed porch, noting it is one-story in height.
Commissioner Viksnins asked if the existing concrete patio structure will remain and footings installed. Mr.
Grittman stated he is unsure of the construction details.
Acting Chair Norton invited the applicant to make connnent.
Joan Gacki, 1198 Fallsview Court, applicant, advised that the concrete patio would remain. She stated there may be
minor modifications to windows and footings will be installed.
Planning Commission Minutes
December 28, 2010
Commissioner McManus asked if there would be a patio door and steps, noting the drawing does not identify any
stairs. Ms. Gacki stated there will be an operable patio door and two to three steps down to access the yard that are
the same width as the door. She indicated they may want to construct a deck in the future.
Bill Gacki, 1198 Fallsview Court, applicant, noted the location of the existing patio and stated the footings will drop
down through the concrete patio and trestle work will be installed between the porch and concrete patio.
Commissioner Viksnins asked about disturbance of soil or the terrain. Mr. Gacki stated the disturbance will be
limited to installation of the footings since there will not be a perimeter foundation.
Mr. Gacki confirmed there will be two or three steps that are no wider than the door width and of a standard size.
The proposed stairs would not accommodate a wheelchair.
Seeing no one coming forward wishing to speak, Acting Chau- Norton asked for a motion to close the public
hearing.
COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER HENNES, TO CLOSE THE
PUBLIC HEARING.
AYES 5
NAYS 0
COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO RECOMMEND
APPROVAL OF THE CRITICAL AREA PERMIT AS REQUESTED SUBJECT TO THE FOLLOWING
CONDITIONS:
1. THE PROPOSED THREE -SEASON PORCH ADDITION MATCH THE EXISTING HOME IN
FINISH MATERIALS AND COLOR.
2. INSTALLATION OF STEPS THAT MEET STANDARDS PER STAFF APPROVAL.
AYES 5
NAYS 0
Acting Chair Norton advised the City Council would consider this application at its January 4, 2011, meeting.
Verbal Review
Mr. Sedlacek gave the following verbal review:
PLANNING CASE #10-33 Western Culinary Institute, Ltd. Conditional Use Permit
• Approved by the City Council as recommended by the Planning Commission.
Commissioner McManus asked about the 2011 meeting schedule. Mr. Sedlacek stated the same schedule will be
used and the next meeting is January 25, 2011, at 7:00 p.m.
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MCMANUS, TO ADJOURN
THE MEETING AT 7:12 P.M.
AYES 5
NAYS 0
Respectfully submitted,
Carla Wirth, Recording Secretary
2
NORTHWEST ASSOCIATED CONSULTANTS, INC.
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
MEMORANDUM
TO: Mendota Heights Planning Commission
FROM: Stephen Grittman
DATE: January 20, 2011
MEETING DATE: January 26, 2011
SUBJECT: Ordinance Amendment — Stormwater Management
CASE NO: Case No. 11-02; NAC Case 254.04 — 11.02
APPLICANT(S): City of Mendota Heights
LOCATION: NA
ZONING: NA
GUIDE PLAN: NA
Background and Description of Request
City Engineering staff has provided a series of proposed ordinance amendments which
add requirements to the City's stormwater management regulations in Chapter 11,
Subdivision Regulations, and Chapter 12, Zoning Ordinance. The Subdivision
Ordinance amendments relate to relatively minor changes to the Design Standards and
Required Improvements. The Zoning Ordinance amendments update definitions to
Wetlands and a few terms in the Critical Area Ordinance related to stormwater control
Analysis
The changes codify what are common review practices for the City. In the Subdivision
Ordinance, the amendment specifies "pre-treatment" for stormwater that drains to
natural water features of the City, provides a reference to City specifications, and adds
language that reflects zoning requirements for landscaping and lighting, where
applicable.
The Zoning amendment, as noted above, amends three definitions to comport with state
law and local practice, including "Wetlands", "Erosion", and "Sediment". Because
amendments to these ordinances require public hearing, the Planning Commission is
asked to review the proposed material, and make a recommendation to City Council for
adoption.
Action Requested
Following a public hearing, the Planning Commission may recommend either approval
or denial of the amendments as presented.
Staff Recommendation
Staff recommends approval of the amendments. As noted above, the proposed
language reflects both state regulations and local practice and will assist in better
management of stormwater runoff in the community.
Supplementary Materials
1. Application Materials dated 1-3-2011
I)
APPLICATION FOR CONSIDERATION
OF PLANNING REQUEST
City of
Mendota Heights
1101 Victoria Curve, Mendota Heights, Minnesota 55118 (651) 452-1850 (651) 452-8940
Case No. 1� -0')--
Date of Application 1 3�
Fee Paid $
--
Applicant Name:Aavao J Hx/ R
PH: a `/sz-cgs®
(Lasa) (First) (M)
E -Mail Address:�bh✓�� /%d � � ��/�/
cool
Address: //0/ UCTaRcA� ache /��n"-07A4 /tCIGKTS 1-041
(Number & Street)
(City) (State)
(Zip Code)
Af?dbld.��N Gi
Owner Name:
(Last) (First)
(M)
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Address: 1L0(Z1IcrnRcA CvRdE /YlE/uoo7`.� I&XUr5 /W
6Y11 �
(Number & Street)
(City) (State)
(Zip Code)
Street Location of Property in Question:
Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided)
Type of Request:
❑ Rezoning
❑ Conditional Use Permit
❑ Variance
❑ Subdivision Approval
❑ Conditional User Permit for P.U.D.
❑ Wetlands Permit
❑ Preliminary/Final Plat Approval
Amendment
❑ Critical Area Permit
Other (attach explanation) �'a^ce ,4dMcv
[:1Comprehensive Plan
11 -3 -CA, 11-f4A3, 114-01, Section NA -
Applicable City Ordinance Number
1
Present Zoning of Property NA
Present Use AIA
Proposed Zoning of Property/VA
Proposed Use A%
I hereby declare that all statements made in this request and on the additional material are true.
I further authorize City Officials and agents to inspect the above pro i Ii hours.
ignature of Applicant)
Date Received
;�S�Ignat�ureof Owner)
x� .
January 3, 2011
Mr. Jake Sedlacek
Assistant to the City Administrator
City of Mendota Heights, Minnesota
1101 Victoria Curve
Mendota Heights, MN 55118
Subject: Ordinance Amendment Application
Dear Mr. Sedlacek:
At the February 3, 2009 meeting, City Council adopted a new Stormwater Ordinance, which was codified
under Title 11, Chapter 6. The purpose of the Ordinance was to establish the City-wide standard for
Stormwater Management, Water Quality, and Rate Control; define and protect City waters from Illicit
Discharge of pollutants; and outline the minimum requirements for Erosion and Sediment Control during
land disturbing activities. The Ordinance also brought the City into compliance with Minnesota Pollution
Control Agency (MPCA) standards.
When these additions went to our codifying agency, Sterling Codifiers for publication into our City Code
of Ordinances, there were some minor inconsistencies in definition and verbiage brought to our attention.
The requested Ordinance Amendments is "housekeeping" in nature and will make Stonnwater Ordinance
and Zoning Code definitions and requirements consistent in matters Surface Water Drainage, Wetlands,
Erosion. and Sediment Control.
hi addition to the "housekeeping" amendments, at the request of City Council, the requirement for a
Landscape Plan and a Lighting Plan (where applicable) is being added to the Stormwater Ordinance.
If you have any questions, please contact me at 651-452-1850.
Sincerely,
Pr
John R. Mazzitello, PE, PMP
Public Works Director/City Engineer
enclosures
1101 Victoria Curve ° Mendota Heights, MN 55118 - (051) 452-1850 - FAX (051) 452-8940
www.mendotta-heights.com
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. XXX
AN ORDINANCE AMENDING TITLE 11, CHAPTERS 3, 4, AND 6, AND TITLE 12 CHAPTERS 2 AND 3
OF THE CITY CODE PERTAINING TO SURFACE WATER AND STORMWATER MANAGEMENT
The City Council of the City of Mendota Heights, Minnesota ordains as follows:
SECTION 1 City Code Title 11 Chapter 3, Design Standards, is hereby amended as follows:
Section 11-3-6A is hereby amended so that as amended it shall read as follows:
11-3-6: SURFACE WATER DRAINAGE:
A. Drainage Into Marshlands And Swamps: Where municipal storm sewer systems do not exist, or
the introduction of said system is deemed inappropriate by the city council, storm water drainage
shall be discharged to marshlands, swamps, retention basins or other treatment facilities.
Diversion of storm water to marshlands or swamps shall be considered for existing or planned
surface drainage. Storm water drainage discharged to marshlands swamps retention basins, or
other treatment facilities shall be pre-treated wherever practicable. Marshlands and swamps
used for storm water shall provide for natural or artificial water level control.
SECTION 2 City Code Title 11 Chapter 4, Required Improvements, is hereby amended as follows:
Section 11-4-413 is hereby amended so that as amended it shall read as follows:
11-4-4: COMPOSITION; APPOINTMENT; TERMS OF OFFICE:
B. Storm sewers, culverts, storm water inlets, and other drainage facilities will be required where
they are necessary to ensure adequate storm water drainage for the subdivision. Where required,
such drainage facilities shall be constructed in accordance with the standards and specifications
for street construction as well as Title 11 Chapter 6 of City Code as required by the city council.
(1981 Code 301 § 8)
SECTION 3 City Code Title 11 Chapter 6, Required Improvements, is hereby amended as follows:
Section 11-6-6D1 is hereby amended to read as follows:
D. Submission Requirements For A Stormwater Management Permit:
1. Application Items: Application for a stormwater management permit shall include submittal of
stormwater pollution prevention plan which shall include:
a. Application form and fee.
b. Narrative describing temporary erosion and sediment control, permanent stabilization, pollution
prevention and permanent stormwater management.
c. Site map and grading plan.
d. Temporary erosion and sediment control plan meeting the requirements of the city's land
disturbance guidance document.
e. Permanent stabilization plan meeting the requirements of the city's land disturbance guidance
document.
f. Permanent stormwater management measures meeting the requirements outlined in section
11-6-8 of this chapter and the city's land disturbance guidance document.
g. Work schedule.
h. Cost estimate.
i. Landscape Plan showing proposed landscape improvements (plantings, seeding, sod etc.) if
applicable to the project application.
i. Lighting/Photometric Plan displaying proposed exterior lighting, to include light fixture type,
height, and foot-candle coverage if applicable to the project application.
+k. The city may require the applicant to submit additional information or data it determines
necessary to complete its review. Submittals determined by the city to be incomplete or otherwise
unacceptable for the purposes of this chapter shall be returned to the applicant for correction and
resubmittal.
SECTION 4 City Code Title 12 Chapter 2, Wetland Systems, is hereby amended as follows:
Section 12-2-2, Definitions, is hereby amended so that as amended it shall read as follows:
As used herein, the following words shall have the following meanings:
PERSON: Any individual or firm, corporation, partnership, association, or other private body or
governmental entity.
WATER RESOURCE RELATED AREAS: A watercourse, natural drainageway, water body, areas of
high permanent or seasonal water table, recharge zones, and generally those areas where water is
stored, flows, or is recharged to the ground water table. This shall include lakes, and ponds of less
than ten (10) acres in size, rivers and streams, drainageways to underground drainageways.
WETLANDS:
geReFally @S marshes, swamps, begs, wet meadc)ws, sleughs, oF intermittent !a �es, or PoRds., As
defined in Minnesota rules 7050.0130, subpart F, means 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. (Ord. 421, 2-3-
2009) (1981 Code 402 § 4)
SECTION 5 City Code Title 12 Chapter 3, Critical Area Overlay District, is hereby amended as follows:
f Section 12-3-4, Definitions, is hereby amended so that as amended it shall read as follows.
i.
4
ij BLUFF LINE: The line along the top of a slope connecting points at which the slope becomes less
i than forty percent (40%). }
CLEARCUTTING: The felling of substantially all trees and/or vegetation in an area at one time.
DEVELOPMENT. The construction, installation, or alteration of any structure, the extraction,
clearing, or other alteration of terrestrial or aquatic vegetation, land, or the course, current, or cross
section of any water body or watercourse or the division of land into two (2) or more parcels.
EROSION:
or -wird. 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 or nature.
SEDIMENT: Solid matter carried bV water, wastewater or other liquids that has come to rest on the
earth's surface either above or below the water level.
SEDIMENTATION: The process of depositing sediment from a liquid.
SLOPE: The incline or relief of a land area. It is expressed in percent with the number being the
difference in elevation in feet for each one hundred feet (100') of horizontal distance.
VEGETATION: All plant growth including trees, shrubs mosses, and grasses (Ord 387 10 7 2003)
-
This Ordinance shall be in full force and effect from and after its publication according to law.
Adopted and ordained into an Ordinance this 1" day of February, 2011.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Attest:
Is
Sandie Thone, City Clerk
Sandra Krebsbach, Mayor
STERLING CODIFIERS
April 9, 2010
Kathy Swanson, City Clerk
CITY OF MENDOTA HEIGHTS
1101 Victoria Curve
Mendota Heights, NIN 55118
Dear Kathy:
Enclosed you will find the next supplement to your code. Ordinance 421 was passed
regarding stormwater management, illicit discharge, soil erosion, and sedimentation. The
following areas in the code book should be reviewed for accuracy because of this ordinance:
Subsection 11-3-6A: Regarding the discharge and diversion of stormwater drainage.
Subsection 11-4-4B: Regarding the discharge of stormwater drainage standards and
specifications for street construction.
Section 12-2-2: The definition of wetlands in this section is different than the definition
of wetlands on page 6 of this ordinance.
Section 12-3-4: The definitions of erosion and sedimentation are different than the
definitions of erosion on page 2 and sediment on page 4 of this ordinance.
Subsection 12-3-5C2d: Regarding the existing drainage, conveyance from the site and
releasing of stormwater.
Subsection 12-3-9G4: Regarding stormwater runoff to public water bodies and the rate
of the runoff.
We will leave the above "as is" in the code as we are sure you will want to review this
information and pass an amending ordinance if necessary to bring the code current. Please
let us know if you have any questions.
Sincerely,
Sterlin ymrs, Inc.
Robertson S. Rollins
President
SPECIALISTS IN ORDINANCE CODIFICATION
7600 MINERAL DRIVE e COEUR D'ALENE, ID 83815 e (208) 762-3449 - wwwSTERLINGCODIFIERS.COM
City of Mendota Heights
Dakota County, Minnesota
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 11 OF THE MENDOTA HEIGHTS CITY
CODE TO INCLUDE CHAPTER 6, STORMWATER MANAGEMENT, ILLICIT
DISCHARGE DETECTION AND ELIMINATION, SOIL EROSION AND
SEDIMENTATION
The City Council of the City of Mendota Heights ordains as follows:
SECTION 1. Title 11 of the Mendota Heights City Code is hereby amended to add a
new Chapter as follows:
CHAPTER 6: STORMWATER MANAGEMENT; ILLICIT DISCHARGE
DETECTION AND ELIMINATION, SOIL EROSION, AND SEDIMENTATION
11-6-1 Purpose.
The purpose of this ordinance is to provide for the health, safety and general welfare of
the residents of Mendota Heights by reducing and controlling stormwater, soil erosion
and sedimentation within the City. It establishes standards and specifications for
conservation practices and planning activities which enhance water quality, minimize
stormwater pollution, soil erosion, and sediment in waterways, and control the volume of
water runoff to receiving streams and other water resources.
This Ordinance requires that all land disturbance activities, whether requiring a permit under this
Ordinance or otherwise, shall not result in nuisance conditions or threaten public safety, health
and welfare.
11-6-2 Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to thein in the section, except where the context clearly indicates a
different meaning:
A. Authorized Enforcement Agency means employees or designees of the City of
Mendota Heights or other governing authorities designated to enforce this ordinance.
B. Best Management Practices (BMPs) means schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce
the discharge of pollutants directly or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage.
1
C. City refers to the City of Mendota Heights, Minnesota, and any of its employees,
agents, contractors or designees.
D. Clean Water Act refers to the Federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.), and any subsequent amendments thereto.
E. Discharge means any substance entering the stormwater system by any means.
F. Discharge, Illicit means any direct or indirect non-stormwater discharge to the
stormwater system, except as exempted in Section 11-6-6 subsection C.2.a and C.2.b of
this ordinance.
G. Discharge, Non-Stormwater means any discharge to the stormwater system that is
not composed entirely of stormwater.
H. 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 or
nature.
I. Erosion Prevention refers to methods employed to prevent erosion. Examples
include, but are not limited to: soil stabilization practices, horizontal slope grading,
limited grading, temporary or permanent cover, and construction phasing.
J. Final Stabilization means.-
1)
eans:
1) All soil disturbing activities at the site have been completed and a uniform
(e.g., evenly distributed, without large bare areas) perennial vegetative cover
with a density of 70 percent of the native background vegetative cover for the
area has been established on all unpaved areas and areas not covered by
permanent structures, or equivalent permanent stabilization measures have
been employed;
2) For individual lots in residential construction by the Contractor, the
Contractor must either: (A) complete Final Stabilization as specified above, or
(B) establish temporary stabilization including perimeter controls for an
individual lot prior to occupation of the structure. If the Contractor chooses
(B), it must inform the Owner in writing of the need for, and benefits of, Final
Stabilization;
3) For construction projects on land used for agricultural purposes, Final
Stabilization may be accomplished by returning the disturbed land to its
preconstruction agricultural use. Areas disturbed that were not previously used
for agricultural activities, such as buffer strips immediately adjacent to
Surface Waters and drainage systems and areas which are not being returned
2
to their preconstruction agricultural use must meet the Final Stabilization
criteria in subparts (1) or (2) above;
4) The Contractor 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. All drainage ditches constructed to drain water
from the site after construction is complete must be Stabilized to preclude
Erosion; and
5) All temporary synthetic and structural Erosion Prevention and Sediment
Control BMPs must be removed as part of the Final Stabilization on the site.
K. Hazardous Materials means any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics, may cause or significantly contribute to a substantial present
or potential hazard to human health, safety, property, or the environment when
improperly treated, stored, transported, disposed of or otherwise managed.
L. Illicit Connections means either:
1) Any drain or conveyance, whether on the surface or subsurface, which allows
an illicit discharge to enter the stormwater system, including but not limited to
any conveyances which allow any non-stormwater discharge including
wastewater, process wastewater, and wash water to enter the stormwater
system and any connections to the stormwater system from indoor drains or
sinks, regardless of whether said drain or connection had been previously
allowed, permitted, or approved by an authorized enforcement agency or;
2) Any drain or conveyance connected from a commercial or industrial land use
to the stormwater system which has not been documented in plans, maps, or
equivalent records and approved by an authorized enforcement agent.
M. Industrial Activity means activities subject to NPDES Industrial Permits as
defined in 40 CFR, Section 122.26 (b)(14).
N. Land Disturbing Activity means any activity which changes the volume or peak
flow discharge rate of stormwater runoff from the land surface, including the grading,
digging, cutting, scraping, or excavating of soil, placement of
ill materials, paving,
construction, substantial removal of vegetation or any activity which bears soil or rock, or
involves the diversion or piping of any natural or man-made watercourse.
O.
Land Disturbance Guidance Document means the
City's guidance
document,
which
defines the technical Erosion Control, Sediment
Control and
Stormwater
3
Management guidelines required to be met when submitting the Stormwater Pollution
Prevention Plan.
P. NPDES means National Pollutant Discharge Elimination System as established
pursuant to 33 USC § 1342(b) to regulate discharges of pollutants to waters of the United
States.
Q. NPDES Permit means a National Pollutant Discharge Elimination System
stormwater discharge permit issued by the Mimiesota Pollution Control Agency (pursuant
to 33 USC § 1342(b)) that regulates discharges of pollutants to waters of the United
States, whether the permit is applicable on an individual, group, or general area -wide
basis.
R. Non -Point Source Pollution means pollution from any source other than any
discernable, confined and discreet conveyances, and shall include but not be limited to
pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and
urban runoff sources.
S_ Nuisance Condition Any condition resulting in or likely to result in any damages,
degraded water quality, increased erosion, unstable conditions, flooding, lack of
easement, lack of capacity, disrepair and all threats to public health, safety and welfare.
T. Permanent Stabilization Plan means a plan to establish permanent vegetation to
prevent erosion of soil as defined under Final Stabilization. Permanent vegetation
includes sod, native grasses, trees or other acceptable forms of landscaping.
U. Person means any individual, association, organization, partnership, firm,
corporation or other private or public entity recognized by law and acting as either the
owner or as the owner's agent.
V. Pollutant means anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and other automotive
fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, ordinances, and accumulations, so that
same may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
W. Premises means any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
X. Sediment means solid matter carried by water, wastewater or other liquids that has
come to rest on the earth's surface either above or below the water level_
rd
Y. Sediment Control means methods employed to prevent Sediment from leaving the
site. Sediment Control practices include but are not limited to silt fences, sediment traps,
earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm
drain inlet protection and temporary or permanent sediment basins.
Z. Stormwater means any surface flow, runoff, and drainage consisting entirely of
water from any form of natural precipitation, snowmelt and/or discharges from surface
dewatering activities.
AA. Stormwater Facility means anything within the stormwater system that collects,
conveys or stores stormwater, including but not limited to any inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human -made or altered
drainage channels, reservoirs, and other drainage structures.
BB. Stormwater Management means the use of structural or non-structural practices
that are designed to prevent nuisance conditions or reduce stormwater runoff pollutant
loads, discharge volumes, peak flow discharge rates and detrimental changes that affect
water quality and habitat.
CC. Stormwater Pollution Prevention Plan means a plan submitted by the applicant
that includes Erosion Prevention Measures, Sediment Control Measures, Pollution
Prevention Measures and Stormwater Management measures. The plan shall contain a
narrative, plan sheets and appropriate details that describe how the Erosion Prevention
measures, Sediment Control measures, Pollution Prevention measures and Stormwater
Management measures will be implemented. The plan shall also indicate whether
stormwater will be managed on-site or off-site and, if on-site, the general location and
type of practices. This final plan must be signed by a licensed professional engineer
(P.E_) in the State of Minnesota, who will verify that the design of all stormwater
management practices meet the submittal requirements of the City of Mendota Heights
Land Disturbance Guidance Document.
DD. Stormwater System means facilities by which stormwater is collected and/or
conveyed, including but not limited to any roads with drainage systems, streets, gutters,
curbs, inlets, piped stone drains, pumping facilities, retention and detention basins,
natural and human -made or altered drainage channels, reservoirs, watercourses and other
drainage structures.
EE. Structure means anything manufactured, constructed or erected, which is
nonnally attached to, or positioned on, land including portable structures, earthen
structures, roads, parking lots and paved storage areas.
FF. SWMP means the Surface Water Management Plan on record in the City offices.
GG. Watercourse means a stream or body of water, or a natural or artificial channel for
the passage of stormwater.
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HH. Wastewater means any water or other liquid, other than uncontaminated
stormwater, discharged from a facility.
II. Waters of the US. means any water in the United States per definition as specified
by 33 CFR 328.a.
JJ. Wetlands as defined in Mimiesota Rules 7050.0130, subpart F, means 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.
11-6-3 Responsibility for Administration.
The City shall administer, implement, and enforce the provisions of this ordinance.
11-6-4 Applicability.
This ordinance shall apply to all land disturbing activities and water entering a
stormwater system or watercourse generated on any developed and undeveloped lands
unless explicitly exempted by this ordinance.
11-6-5 Severability.
The provisions of this ordinance are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this Ordinance or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity shall not affect the
other provisions or application of this Ordinance.
11-6-6 Construction Site Stormwater Runoff and Erosion Control.
A. Purpose. The purpose of this section is to regulate land disturbing activities, to
preserve and enhance the natural environment by reducing sedimentation in streams,
lakes, stormwater systems and other waterways, protect the quality of surface water
resources, preserve and protect wildlife habitat, restore sites to reduce the negative
environmental effects of land disturbing activities, provide effective practices for erosion
and sedimentation control, and to comply with local, state and federal regulations.
B. Scope. Except where an exemption applies, any person proposing a land disturbing
activity within the City shall apply to the City for the approval of a Stormwater Pollution
Prevention Plan. No land shall be disturbed until the plan is approved by the City and
conforms to the standards set forth herein.
I
C. Stormwater Management Permit Required.
1. Review and approval, No person shall grade, fill, excavate, store, dispose of
soil and earth materials, or perform any other land disturbing or land filling
activity without first submitting a Stormwater Pollution Prevention Plan for
review and approval by the City and obtaining a permit as required in this
Section and the requirements of Section 11-6-8 Post Construction Stormwater
Runoff. If only the applicability requirements of Section 11-6-6 or 11-6-8
apply the Stormwater Pollution Prevention Plan submittal only needs to meet
the requirements of that section. The storinwater management permit is not a
replacement fora Conditional Use Permit as required in Section 12-1D-9 and
12-1D-10 of the City Code or a Wetlands Permit as required in Section 12-2-6
of the City Code, or the requirements of the Critical Area District as required
in Section 12-3 of the City Code nor is it a replacement for a watershed
district permit or a state NPDES permit.
2. General exemptions. Land disturbing activities, which meet all the following
criteria are exempt from the requirements of this section:
a. The disturbed or filled area is 5,000 square feet or less in area;
and,
b_ The volume of soil or earth material stored or moved is 50
cubic yards or less; and,
C. No drainage way is blocked or has its stormwater-carrying
capacities or characteristics modified; and,
d. The activity does not take place within 100 feet by horizontal
measurement from the top of the bank of a watercourse, the
ordinary high water mark of a water body, or the ordinary high
water mark of a wetland associated with a watercourse or water
body. The activity does not take place within an established
100 -year floodplain; and,
e. Not considered part of larger common plan of development.
3. Categorical exemptions. Notwithstanding the requirements of the City Code,
the following activities are exempt from the permit requirements:
a. Emergency activities necessary to prevent or alleviate
immediate dangers to life or property.
b. Activities that are under the regulatory jurisdiction of an
authorized State or Federal agency.
C. General fanning, gardening and nursery activities.
d. One and two family residential construction activity limited to:
1) additions to the existing structure,
2) landscaping and landscaping structures, and
3) construction of a garage.
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D. Submission Requirements for a Stormwater Management Permit.
1. Application items. Application for a Stormwater Management permit shall
include submittal
of Stormwater Pollution Prevention Plan which shall
include:
a.
Application form and fee.
b.
Narrative describing temporary erosion and sediment control,
permanent stabilization, pollution prevention and permanent
stormwater management.
c.
Site map and grading plan.
d.
Temporary erosion and sediment control plan meeting the
requirements of the City's Land Disturbance Guidance Document.
e.
Permanent stabilization plan meeting the requirements of the City's
Land Disturbance Guidance Document.
E
Permanent stonmwater management measures meeting the
requirements outlined in Section 11-6-8 and the City's Land
Disturbance Guidance Document
g.
Work Schedule.
h.
Cost estimate.
i.
The City may require the applicant to submit any additional
information or data it determines to be necessary to complete its
review. Submittals determined by the City to be incomplete or
otherwise unacceptable for the purposes of this Ordinance shall be
returned to the applicant for correction and resubmittal.
2. Fees. All applications shall be accompanied by a permit fee. Fees for permits
shall be fixed and determined by the City Council, adopted by ordinance and
uniformly enforced. Such permit fees may, from time to time, be amended by
City Council ordinance. A copy of the ordinance setting forth currently
effective permit fees shall be kept on file by the City and shall be open to
inspection during regular business hours.
E. Review Procedure.
1. Process. City staff will review each complete application for a Stormwater
Management Permit to determine its conformance with the provisions of this
ordinance. Within 10 days of receiving an application, City staff will identify
if additional materials are required to complete a permit application and
within 60 days of receiving an application, City staff shall approve, approve
with conditions, or deny a Stormwater Management Permit application.
2. Appeal. An appeal by an applicant of a denial of a permit under this section
shall be made under the mamler prescribed in Section 11-6-11 of this Code.
3. Site Review. When a permit is granted, City staff shall inspect the property for
erosion control compliance with City Code, permit conditions and site plans
prior to the onset of construction.
F. Form of security. Before a permit is issued, the City may require the permittee to
post security in a form acceptable to the City equal to 125 percent of the cost estimate
stated in the application and agreed by the City to be the cost of the work to be done
under the permit. The security may take the form of cash in United States currency or an
irrevocable letter of credit issued by a financial institution and in a form acceptable to the
City.
1. Release of security.
a. Any security deposited with the City to guarantee performance of
the grading and erosion control work shall be released to the
person holding the permit upon determination by the City that the
conditions of the permit have been satisfactorily performed if no
action has been taken by the City to recover all or a part of the
security before that determination has been made.
b. Securities held to ensure the successful completion of the final plan
and an interim plan shall be released to the permittee either one
year after termination of the permit or when a final plan is
submitted for the unimproved site, whichever is later, if no action
has been taken by the City to recover all or part of the security
filed by the peimittee before that date.
G. Suspension of permit. In enforcing the permit:
1. The City may suspend the pen -nit and issue a stop work order and the permittee
shall cease all work on the work site except for work necessary to remedy the
cause of the suspension.
2. The permittee may request a reinstatement of a suspended permit upon
correction of the causes for suspension and, if the conditions of the permit
have been complied with in full; the City shall reinstate the permit.
3. If the permittee fails or refuses to cease work as required under subsection H.
of this section, the City shall revoke the permit.
4. The City shall not reinstate a revoked permit but shall proceed to act against
the security as provided in subsection H of this section.
5. Work performed without a permit is a violation of this Ordinance and is
subject to misdemeanor enforcement.
A
H. Action against security. The City may act against the appropriate security if any of
the following conditions exist:
1. The permittee stops performing the land disturbing activities or filling, and
abandons the work site prior to completion of permanent site stabilization.
2. The permittee fails to conform to the Stormwater Pollution Prevention Plan as
approved, and has had its permit revoked as provided in subsection G. of this
section.
3. The tecluiiques utilized for temporary or permanent stabilization fail within
one year of installation or before the final plan is implemented for the site or
portion of the site, whichever comes later.
4. The City determines that action by the City is necessary to prevent excessive
erosion from occurring on the site, or to prevent nuisance conditions from
occurring on adjacent or nearby properties.
The City shall use funds recovered from the security to reimburse the City for all direct
and indirect costs incurred in doing the remedial work undertaken by the City or private
contractor under contract with the City.
11-6-7 Illicit Discharge and Connection
A. Objectives. The objectives are to regulate the introduction of pollutants to the
stormwater system by any user, to prohibit illicit connections and discharges to the
stormwater system, and to establish authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this ordinance.
B. Discharge Prohibitions.
1. Prohibition of Illegal Disposal and Dumping of Substances and Materials. 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 same might be or become a pollutant, except if secured within a
container or bag or contained within a lawfully established waste disposal
facility.
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 channel.
2_ Prohibition of Illicit Discharges. No person shall discharge or cause to be
discharged into the stormwater system or watercourses any materials,
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including but not limited to pollutants or waters containing any pollutants that
cause or contribute to a violation of applicable water quality standards, other
than stormwater.
a. The commencement, execution or continuance of discharge of
pollutants to the stormwater system is prohibited except as follows:
water line flushing or other potable water sources, landscape
irrigation or lawn watering, diverted stream flows, 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, fire fighting activities,
and any other water source not containing pollutants.
b. Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety are
allowed.
c. Dye testing is an allowable discharge, but requires a verbal
notification to the authorized enforcement agency prior to the time
of the test.
d. The prohibition shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority
of the Federal Environmental Protection Agency, Minnesota
Pollution Control Agency, or other agency, provided that the
discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any
discharge to the stormwater system.
3. Prohibition of Illicit Connections. The construction, use, maintenance, or
continued existence of such connections that intentionally convey non-
stormwater to the stormwater system is prohibited. This prohibition expressly
includes, without limitation, illicit conections made in the past, regardless of
whether the connection was permissinble under law or practices applicable or
prevailing at the time of connection.
A person is considered to be in violation of this ordinance if the person
connects a line conveying wastewater to the stormwater system, or allows
such a connection to continue.
No person shall connect or convey water from floor drains to the storm sewer
system.
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C. Discharge Prevention
1. Discharge Prevention Require»zents. Any owner or occupant of property
within the city shall comply with the following requirements to prevent
discharges:
a. No person shall leave, deposit, discharge, dump, or otherwise
expose any chemical or septic waste in an area where discharge to
a street or the storm sewer system may occur. This prohibition
shall apply to both actual and potential discharges.
b. Individual sewage treatment systems must be maintained in order
to prevent failure, which has the potential to pollute surface water.
No part of any individual sewage treatment system requiring on -
land or in -ground disposal of waste shall be located in an area
where effluent could immediately or gradually reach a body of
water due to the existing physical characteristics of the site or the
system.
c. Recreational vehicle sewage shall be disposed of at a proper
sanitary waste facility. Waste must not be discharged in an area
where drainage to streets or storm sewer system may occur.
d. Water in swimming pools must sit for seven days without the
addition of any chlorine to allow for evaporation of the chlorine
before it is discharged.
e. Runoff of water from residential properties shall be minimized to
the maximum extent practicable. Runoff of water from the
washing down of paved areas on commercial or industrial
properties is prohibited unless necessary for health or safety
purposes and is not in violation of any other applicable
regulations.
f Mobile washing companies, such as carpet cleaning and mobile
vehicle washing services, shall dispose of any wastewater to the
sanitary sewer system. Wastewater shall not be discharged to the
streets or storm sewer system.
g. Objects such as motor vehicle parts that contain grease, oil or other
hazardous substances and unsealed receptacles containing
hazardous materials shall not be stored in areas susceptible to
runoff. 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 any leaks, spills, or discharges.
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h. Debris and residue shall be removed, as required below:
1. 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 be disposed of
properly.
2. 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.
Household hazardous waste must be disposed of through the
county collection program or at any other authorized disposal
site. Household hazardous waste shall not be placed in a trash
container.
D. Industrial Activity Discharges to the Storm Sewer System.
1. Any person subject to an industrial activity NPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance
with said pen -nit may be required in a form acceptable to the city prior to the
allowing of discharge to the storm sewer system.
2. All facilities that have stormwater discharges associated with industrial
activity must adhere to the following requirements: Any person responsible
for a property or premise, which is, or may be, the source of an illicit
discharge may 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. Suspension of Stormwater System Access.
1. Suspension due to Illicit Discharges in Eniergency Situations. The City may,
without prior notice, suspend stornwater system discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent or substantial danger to the
environment, or to the health or welfare of persons, or to the stormwater
system or waters of the United States. If the violator fails to comply with a
suspension order issued in an emergency, the authorized enforcement agency
may take such steps as deemed necessary to prevent or minimize damage to
the stormwater system or waters of the United States, or to minimize danger to
persons.
13
2. Suspension due to the Detection of Illicit Discharge. Any person discharging
to the stormwater system in violation of this ordinance may have their
storinwater system access terminated if such termination would abate or
reduce an illicit discharge. The City will notify a violator of the proposed
termination of its stormwater system access. The violator may petition the
City for a reconsideration and hearing. A person commits an offense if the
person reinstates stormwater system access to premises terminated pursuant to
this Chapter without the prior approval of the City.
F. Monitoring of Discharges.
1. The City shall be allowed to enter and inspect facilities and properties subject
to regulation under this ordinance as often as may be necessary to determine
compliance with this ordinance and for the purposes of inspection, sampling,
examination, and the performance of any additional duties as defined by state
and federal law that relate to the discharge of stormwater. If a person does not
wish to allow the city to enter a building to conduct the required activity, he or
she may retain a private inspector to conduct the activity. The private
inspector must have credentials that are acceptable to the city. The private
inspector shall provide the city with the relevant samples, test results, reports
or any other information that is being requested.
2. The City shall have the right to set up on any permitted facility such devices
as are necessary in the opinion of the authorized enforcement agency to
conduct monitoring and/or sampling of the facility's stormwater discharge.
3. The City has the right to require the discharger to install monitoring
equipment to ensure discharge is in compliance with MPCA standards. The
facility's sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its own expense.
4. Any temporary or permanent obstruction to safe and easy access to the facility
to be inspected and/or sampled shall be promptly removed by the owner or
operator at the written or oral request of the City and shall not be replaced.
The costs of clearing such access shall be borne by the owner or operator.
S. Unreasonable delays in allowing the City access to a permitted facility is a
violation of a stormwater discharge permit and of this ordinance. A person
who is the operator of a facility with an NPDES permit to discharge
stormwater associated with industrial activity commits an offense if the person
denies the City reasonable access to the permitted facility for the purpose of
conducting any activity authorized or required by this ordinance.
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G. Requirement to Prevent, Control, and Reduce Stormwater Pollutants By the Use
of Best Management Practices.
1. Owner Responsibility. The owner or operator of any property shall provide, at
owner/operator's expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the municipal stormwater system or
watercourses through the use of structural and non-structural Best
Management Practices (BMPs). Further any person responsible for a property
or premise, which is, or may be, the source of an illicit discharge, may be
required to implement, at said person's expense, additional structural and non-
structural BMPs to prevent the further discharge of pollutants to the
stoirnwater system. These BMPs are listed in the Stormwater Pollution
Prevention Plan (SWPPP) and the Minnesota Pollution Control Agency's
current BMPs, and are necessary for compliance with requirements of the
NPDES permit and Chapter 6 of the City's Surface Water Management Plan
(SWMP).
H. Water Course Protection.
1. Owner Responsibility. Every owner of a property through which a
watercourse passes, or such person's lessee, shall keep and maintain that part
of the watercourse within their property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly impact the flow of water through the watercourse. All owners or
lessees shall maintain existing privately owned structures within or adjacent to
a watercourse, so that such structures will not become a hazard to the use,
function, or physical integrity of the watercourse.
I. Notification of Spills.
1. Notwithstanding other requirements of law, as soon as any person responsible
for a facility, vehicle or operation, or responsible for emergency response for a
facility or operation has knowledge of any known or suspected release of
materials of any amount which are resulting or may result in illicit discharges
or pollutants discharging into the stormwater system, watercourse, or water of
the United States, 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 the City
and other 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 in person or by phone no later than the beginning of the next business
day.
15
If the discharge of prohibited materials emanates from a commercial or
industrial establishment or vehicle, the owner or operator of such
establishment or vehicle shall also retain a written record of the discharge and
the actions taken to prevent its recurrence. Such records shall be retained for
at least three years, or longer if required by other regulatory authority.
11-6-8 Post Construction Stormwater Runoff.
A. Objectives. The objectives of this section are to establish minimum stormwater
management requirements and controls to protect and safeguard the general health,
safety, and welfare of the public residing in watersheds within this jurisdiction. This
section seeks to meet that purpose through the following objectives:
1. Reduce stormwater runoff rates and volumes, soil erosion and non -point
source pollution, wherever possible, through stormwater management controls
and to ensure that these management controls are properly maintained and
pose no threat to public safety;
2. Control stormwater runoff from development and redevelopment to reduce
flooding, silt deposits and stream bank erosion, and maintain the integrity of
stream channels;
3. Control non -point source pollution caused by stormwater runoff from
development; and
4. Control the total annual volume of surface water runoff which flows from any
specific site following development.
B. Applicability. The rules of applicability are as set forth in Section 11-6-6,
Construction Site Stormwater Runoff and Erosion Control, of this ordinance.
C. Stormwater Pollution Prevention Plan.
1. Stormwater Pollution Prevention Plan Required for All New Developments
and Redevelopments. No application for development or redevelopment will
be approved unless it includes a Stormwater Pollution Prevention Plan
detailing in concept how runoff and associated water quality impacts resulting
from the development will be controlled or managed and contains the
submission materials identified in Section 11-6-6 subsection D. This plan
must indicate whether stormwater will be managed on-site or off-site and, if
on-site, the general location and type of practices.
The Stonnwater Pollution Prevention Plan(s) shall be referred for comment to
interested agencies, and any comments must be addressed in a final
Stormwater Pollution Prevention Plan. This final plan must be signed by a
licensed professional engineer (PE) in the State of Minnesota.
16
2. Design of Stormwater Facilities. The Stormwater Pollution Prevention Plan
shall meet the design requirements outlined in the City's Land Disturbance
Guidance Document.
3. Maintenance of Existing Storniwater Facilities. Any stormwater facility in
existence prior to adoption of this ordinance shall be maintained by the owner
of the stormwater facility and in a manner to conform to design standards for
that facility. Any redevelopment of the stormwater facility shall require that
the facility meet current stormwater design standards as set forth in the City's
Land Disturbance Guidance Document.
The thresholds for maintenance are triggered once sediment deposition
reaches a point greater than is allowed under the design standard criteria, or
such deposition begins to have a substantial effect on the water quality or
holding capacity of the pond.
4. Inspection of Storniwater Facilities. Inspection programs shall be established
on a reasonable basis, including but not limited to an inspection in accordance
with the schedule defined in the MPCA MS4 permit Section V, Part 6.b or
more often if deemed necessary to ensure proper functioning of the
stormwater management facility. Inspections are the responsibility of the
owner of the stonnwater facility and must be completed by a Certified Erosion
Control Specialist in the State of Minnesota hired for that purpose. Inspection
results must be completed and submitted to the City of Mendota Heights in
accordance with the schedule defined in the MPCA MS4 permit Section V,
Part 6.b from the completion of development or from the date of this
ordinance for a pre-existing stormwater facility.
Inspections may include, but are not limited to: reviewing maintenance and
repair records; sampling discharges, surface water, groundwater, and material
or water in drainage control facilities; and evaluating the condition of drainage
control facilities and other stormwater treatment practices.
All new and existing stormwater management facilities must undergo, at a
minimum, an inspection in accordance with the schedule defined in the
MPCA MS4 Permit Section V, Part 6.b to document maintenance and repair
needs and ensure compliance with the requirements of this ordinance and
accomplishment of its purposes. This maintenance may include: Removal of
silt, litter and other debris from all catch basins, inlets and drainage pipes;
grass cutting and vegetation removal; and necessary replacement of landscape
vegetation. Any maintenance needs found must be addressed in a timely
manner, as determined by the City of Mendota Heights. The inspection and
maintenance requirement may be increased as deemed necessary to ensure
proper functioning of the stonnwater management facility.
17
D. Maintenance Covenants. Maintenance of all stoirnwater management facilities shall
be ensured through the creation of a formal maintenance covenant that must be approved
by the City of Mendota Heights and recorded at the Dakota County Recorder's Office
prior to final plan approval. As part of the covenant, a schedule shall be developed for
when and how often maintenance will occur to ensure proper function of the stonnwater
management facility. The covenant shall also include plans for periodic inspections to
ensure proper performance of the facility between scheduled cleanouts.
The Owner/operator shall show in the maintenance covenant how it will utilize Best
Management Practices (BMPs) to prevent discharge of pollutants into the stormwater
system. These BMPs are listed in the City's Stoirnwater Pollution Prevention Program
(SWPPP) and the most current Minnesota Pollution Control Agency BMP standards, the
State of Minnesota Stormwater Manual and are necessary for compliance with
requirements of the NPDES permit and the City's Local Surface Water Management
Plan. The threshold for maintenance is triggered once sediment deposition reaches a point
greater than is allowed under the design standard criteria, or such deposition begins to
have a substantial effect on the water quality or holding capacity of the pond.
E. Right -of -Entry for Inspection. When any new drainage control facility is installed
on private property, or when any new connection is made between private property and a
public stormwater system, the property owner shall grant to the City of Mendota Heights
the right to enter the property at reasonable times and in a reasonable manner for the
purpose of inspection. This includes the right to enter a property when the City has a
reasonable basis to believe that a violation of this ordinance is occurring or has occurred,
and to enter when necessary for abatement of a public nuisance or correction of a
violation of this ordinance.
F. Records of Installation and Maintenance Activities. Parties responsible for the
operation and maintenance of a stormwater management facility shall make records of
the installation and of all maintenance and repairs, and shall retain the records for at least
ten years. These records shall be made available to the City during inspection of the
facility and at other reasonable times upon request.
11-6-9 Wetland Protection.
All land disturbing activities which impact or may impact a wetland must be in
conformance with the City's Wetlands Systems Ordinance, which is Title 12, Chapter 2
of the City Code.
11-6-10 Enforcement.
A. Violation. Any action, failure to act or land use practice that would impair water
quality if allowed to continue, shall constitute a public nuisance condition and be treated
as a misdemeanor under this Code.
18
B. Notice of Violation. Whenever the City finds that a person has violated any section
of this Code or failed to meet a requirement of this Ordinance, the City shall order
compliance by written Notice of Violation to the responsible person. Such notice may
require:
1. Monitoring, analyses and reporting;
2. Elimination of illicit discharges or connections;
3. Abatement of pollution and hazards;
4. Restoration of affected property;
5. Remediation of issue;
6. Payment of a fine to cover administrative and remediation costs;
7. Implementation of source control or treatment BMPs; and
8. Other actions as deemed necessary by the City.
If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must
be completed. The notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be done by the
City or other local governmental unit or a contractor and the expense thereof shall
be charged to the violator.
C. Failure to maintain practices. If a responsible party fails or refuses to meet the
requirements of the maintenance covenant, the City of Mendota Heights, after reasonable
notice, may correct a violation of the design standards or maintenance needs by
performing all necessary work to place the facility in proper working condition. In the
event that the stoiznwater management facility becomes a danger to public safety or
public health, the City of Mendota Heights shall notify the party responsible for
maintenance of the stormwater management facility in writing. Upon receipt of that
notice, the responsible person shall have 30 days to effect maintenance and repair of the
facility in an approved manner. After proper notice, the City of Mendota Heights may
assess the owner(s) of the facility for the cost of repair work, and any penalties and the
cost of the work shall be a lien on the property, or prorated against the beneficial users of
the property, and may be placed on the tax bill and collected as ordinary taxes by the
county.
11-6-11 Appeal of Notice of Violation.
Any person receiving a Notice of Violation may appeal the determination of the City.
The notice of appeal must be received within 5 days from the date of the Notice of
Violation. Hearing on the appeal before the appropriate authority or designee shall take
place within 30 days from the date of receipt of the notice of appeal. The decision of the
City or the local government unit or designee shall be final.
19
11-6-12 Enforcement Measures After Appeal.
If the violation has not been corrected pursuant to the requirements set forth in the Notice
of Violation, or, in the event of an appeal, within 5 days of the decision of the City or
local government unit upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency shall enter upon the subject private
property and are authorized to take any and all measures necessary to abate the violation
and/or restore the property. It shall be unlawful for any person, owner, agent or person in
possession of any premises to refuse to allow the government agency or designated
contractor to enter upon the premises for the purposes set forth above.
11-6-13 Cost of Abatement of the Violation.
Within 30 days after abatement of the violation, the owner of the property will be notified
of the cost of abatement, including administrative costs. The property owner must file
any objection to the amount of the assessment in writing with the City within 30 days. If
the amount due is not paid within a timely manner, as determined by the decision of the
City, or by the expiration of the time in which to file an appeal, the costs shall become a
special assessment against the property and shall constitute a lien on the property for the
amount of the assessment. Any person violating any of the provisions of this article shall
become liable to the City by reason of such violation.
11-6-14 Injunctive Relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of
the requirements of this Ordinance. If a person has violated or continues to violate the
provisions of this Ordinance, the authorized enforcement agency may petition for a
preliminary or permanent injunction restraining the person from activities which would
create further violations or compelling the person to perform abatement or remediation of
the violation.
11-6-15 Compensatory Action.
In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance,
the authorized enforcement agency may impose upon a violator alternative compensatory
action, such as storm drain stenciling, attendance at compliance workshops, creek
cleanup, and similar programs.
11-6-16 Violations Deemed a Public Nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this Ordinance is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance, and may be
summarily abated or restored at the violator's expense, and/or a civil action to abate,
enjoin, or otherwise compel the cessation of such nuisance may be taken.
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11-6-17 Criminal Prosecution.
Any person who has violated or continues to violate this ordinance shall be liable to
criminal prosecution to the fullest extent of the law. The authorized enforcement agency
may recover all attorney fees, court costs, and other expenses associated with
enforcement of this ordinance, including sampling and monitoring expenses.
11-6-18 Remedies Not Exclusive.
The remedies listed in this ordinance are not exclusive of any other remedies available
under any applicable federal, state or local law and it is within the discretion of the
authorized enforcement agency to seek cumulative remedies.
SECTION 2. This Ordinance shall be in full force and effect from and after its
publication according to law.
Enacted and ordained into an Ordinance this Third day of February, 2009.
ATTEST:
Kathleen M. Swanson
City Clerk
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CITY COUNCIL
CITY OF MENDOTA HEIGHTS
John J. Huber
Mayor