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HomeMy WebLinkAbout5M, Motion to Approve Ordinance 2011-013 Amending Chapter 15 of the Erosion and Sediment Erosion and Sediment Control Ordinance� EN HILLS Request for Council Action Prepared By: Kristine Giga, Civil Engineer Council Meeting Date: December 12, 2011 Ordinance 2011-013 - Amending Chapter 15- Erosion and Sediment Control Ordinance Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Recommendation: Approve Ordinance 2011-013, amending the City's Erosion and Sediment Control Ordinance, as presented in the December 12, 201 l, report to the City Council. Approve publication of a summary of Ordinance 2011-013. Supporting Documents: L Memorandum from Kristine Giga, dated December 12, 2011. 2. Chapter 15 - Black-lined Version. 3. Ordinance 2011-013, and Publication Summary. � EN HILLS MEMORANDUM DATE: December 12, 2011 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Kristine Giga, Civil Engineer � SUBJECT: City Code Amendments- Chapter 15- Erosion and Sediment Control Ordinance Background/Discussion Arden Hills is a Municipal Separate Storm Sewer System (MS4) city in the MPCA stormwater program. Under the federally mandated stormwater program, MS4 cities are required to develop and implement a Stormwater Pollution Prevention Program (SWPPP). The SWPPP must cover six minimum control measures: • Public education and outreach; • Public participation/involvement; • Illicit discharge, detection and elimination; • Construction site runoff control; • Post-construction site runoff control; and • Pollution prevention/good housekeeping. The City must identify best management practices (BMPs) and measurable goals associated with each minimum control measure. An annual report on the implementation of the SWPPP must be submitted each year. The City's Erosion and Sedimentation Control (ESC) Ordinance is one of the requirements of the City's SWPPP. Chapter 15 of the City Code, Erosion and Sediment Control Ordinance, was adopted on July 14, 2008 to become compliant with the City of Arden Hills' Municipal Sepaxate Storm Sewer System (MS4)/ Storm Water Pollution Prevention Plan (SWPPP) permit. Over the course of implementing the Ordinance, staff has identified some minor changes to make implementation better meet the needs of the City. City Council Meeting \�IVletro-inet.us\ardenhills�PR&PW�Engineering\Council Actions�2011\12-12-11Memo ESCordinance revisions.doc Page 1 of 2 The revisions to the Erosion and Sediment Control ordinance focus on the following: ■ Updating definitions for better clarification; ■ Including disturbed volume (any amount over 50 cubic yards) in addition to disturbed area for better control over various types of land disturbance activities; ■ Reducing the minimum disturbed area from 10,000 square feet to 5,000 square feet for better control over various types of land disturbance activities; ■ Including properties next to all surface waters (ponds, wetlands, streams, etc.), not just within the shoreland area, to require a permit regardless of disturbed area or volume; and, ■ Enhancing the enforcement tools for the City. The revised ordinance is designed to be clearer and easier to enforce with a broader range of tools. Issuing a stop work orders has also been incorporated into the enforcement section. Council Action Requested Approve Ordinance 2011-013 to amend Chapter 15, Erosion and Sediment Control and its Subdivisions to the City Code, as presented in the December 12, 2011, report to the City Council. Approve publication of a suminary of Ordinance 2011-013 as required by Minnesota State Statute 412.191 Subd. 4. City Council Meeting \�1Vletro-inet.us\ardenhills�PR&PW�Engineering\Council Actions�2011\12-12-11Memo ESCordinance revisions.doc Page 2 of 2 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 3AAS-8A12011-013 AN ORDINANCE REQUIRING EROSION AND SEDIMENT CONTROL FOR LAND DISTURBANCE ACTIVITIES WITHIN THE CITY OF ARDEN HILLS The Arden Hills City Council hereby amends Chapter 15 and its subdivisions to the Arden Hills City Code to read as follows: Chapter 15: Erosion and Sediment Control Section 1500 — Purpose and Scope 1500.01 Purpose. The purpose of this regulation is to control or eliminate soil erosion and sedimentation within the City of Arden Hills. The regulation establishes standards and specifications for conservation practices and planning activities which minimize soil erosion and sedimentation and work to protect the City's natural resources for the health, safety, and welfare of the public. 1500.02 Scope_ Except as exempted by the definition of the term "land disturbance activity" in Section 1510.01, any person, firm, sole proprietorship, partnership, corporation, state agency, or political subdivision thereof proposing land disturbance activity within the City shall apply to the Public Works Director or appointed designee (herein called "PWD") for the approval of the Erosion and Sediment Control Plan. No land shall be disturbed until the Plan is approved by the PWD and conforms to the standards set forth in this article. Section 1510 — Defmitions 1510.01 Definitions. For the purposes of this ordinance, the following terms have the meanings given them in this section: Subd. 1 Best Management Practices (BMP). ^ *__� _ • _ _ ___ _. _ �+ " � ::''-=-�'-= - �--- - � �. �� +• o „*,.,,»;r,. ,.. �� �a �oa;,.,o„�„�;,,,, Schedules of r a � ", activities �rohibitions of practices general good house keepin� practices, pollution prevention and educational practices maintenance procedures and other mana�ement practices to prevent or reduce the discharge of pollutants directly or indirectiv to stormwater, receiving waters or stormwater conve a�nce systems. BMPs also include treatment practices, o�eratin� procedures and practices to control site runoff spilla�e or leaks, sludge or water disposal or draina�e from raw materials stora�e. 1500 - 1 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance A Non-structural BMP• Practices that focus on preserving open space, protectin� natural systems and incorporatin�existing landscape features such as wetlands and stream corridors to mana�e storm water at its source. Other practices include clustering and concentratin dg_evelopment minimizing disturbed areas, and reducin� the size of impervious areas. B Structural BMP • a physical device that is typically desi gned and constructed to trap or filter�ollutants from runoff or reduce runoff velocities. r..�Subd. 2 Bluff. A topographic feature such as a hill, cliff, or embankinent having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluffl: A. Part or all of the topographic feature is located in a shoreland area; B. The slope rises at least twenty five (25) feet above the ordinary high water level of the waterbody; C. The grade of the slope from the toe, or bottom, of the bluff to a point twenty five (25) feet or more above the ordinary high water level averages thirty percent (30%) or greater; and D. The slope must drain toward the waterbody. &�3Subd. 3 Certificate of Completion. The certificate issued after the �_final inspection of the site has been completed, temporary erosion control has been removed and the site has been fully restored. S��Subd. 4 Clearing and grubbing. The cutting and removal of trees, shrubs, bushes, windfalls and other vegetation including removal of stumps, roots, and other remains in the designated areas. �'r�4Subd. 5 Erosion. Any process that wears away the surface of the land by the action of water, wind, ice, gravity and/or land disturbance activities. Erosion can be accelerated by the activities of man and nature. r-.�Subd. 6 Erosion and Sediment Control Plan (Plan) is a plan which includes a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre- construction and construction related land disturbances, fills, and soil storage occur, and before final improvements are completed, all in accordance with the specific requirements set forth in Section 1520. This Plan shall also include permanent measures and Best Management Practices to control post-construction surface runoff and sediment. �Subd. 7 Erosion and sediment control practice specifications and erosion and sediment control practices. The management procedures, techniques, and methods to control 1500-2 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance soil erosion and sedimentation as officially ado�ted by the Citv. '' ''' `"" �"'+ ""+ "'"''� � ��zo��zz ; o��-=�ozz����� �„ ��,o � �,,,.:,;rn ,,...,,,,,.,��. � • n �,r• � c� � ��r � i• „ _ � . . . � . :.,,:.;s � �. S�Subd. 8 Excavation. The mechanical removal of earth material. ��-BSubd. 9 Fill. The deposit of soil or other earth materials placed by artificial means. ��Subd. 10 General Storm Water Permit. The Minnesota Pollution Control Agency's (MPCA) general National Pollutant Discharge Elimination System (NPDES) construction storm water permit covering anyone conducting a land disturbing activity which disturbs one (1) or more acres of total land area. �9Subd. 11 Grading. Excavation or fill of material, including the resulting conditions thereof. �-�Subd. 12 Land Disturbance Activity. Any land change �reater than 5,000 square feet or 50 cubic vards or land change on a parcel of land located within a shoreland area or adj acent to a surface water that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters or lands of the city, including but not limited to construction, clearing and grubbing, grading, excavating, transporting and filling of land. Land Disturbance Activity does not mean the following: A. Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs and maintenance work; B. Additions or modifications to existing single-family dwellings that will result in creating under �&AA9-5,000 square feet of exposed soil and/or impervious surface ,.� . ,;�t,; �t,,, o�.,�a „- � �� C. Construction, installation and maintenance of electric, telephone, and cable television utility lines or individual service connection to these utilities, except where a minimum of �&AAA5,000 square feet of land disturbance can be anticipated; D. Tilling, planting or harvesting of agricultural, horticultural, or silvicultural crops; E. Installation of fence, sign, telephone, and electric poles and other kinds of posts, bollards or poles; and F. Emergency work to protect life, limb, or property and emergency repairs. However, if the land disturbing activity would have required an approved Erosion and Sediment 1500 - 3 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance Control Plan except for the emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirement of the PWD when applicable. r"�3Subd.13 Outfall. The point source where a storm sewer system discharges from a pipe, ditch, or other discrete conveyance to receiving waters, or to a storm sewer system owned and operated by another party. �Subd.14 Permittee. A person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision thereof engaged in a land disturbance activity who submits an application to the PWD for a permit pursuant to this ordinance. r"�4Subd.15 Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next. S�t�Subd.16 Ramsey Conservation District. The Ramsey Soil and Water Conservation District. S��Subd. 17 Rice Creek Watershed District. An organization which oversees the activities in the Rice Creek watershed as defined by Minnesota Statutes, Sections 103B,and 103D. C--��Subd. 18 Runoff. Rainfall, snowmelt, or irrigation water flowing over the ground surface. S�8Subd. 19 Sediment. Solid mineral or organic material that, in suspension, is being transported, or has been moved from its original site by air, water, gravity, or ice, and has been deposited at another location. �--�°Subd. 20 Sedimentation. The process or action of depositing sediment, caused by erosion. ��39Subd. 21 Site. The entire area of land on which the land disturbance activity is proposed in the permit application. S��Subd. 22 Site Plan. A plan or set of plans showing the details of any land disturbance activity of a site including but not limited to the construction of structures, open and enclosed drainage facilities, stormwater management facilities, parking lots, driveways, curbs, pavements, sidewalks, bike paths, recreational facilities, ground covers, plantings, and landscaping. S��3Subd. 23 Shoreland. The land located within the following distances from protected waters: A. One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; 1500-4 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance B. Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on such rivers or streams, whichever is greater; and, C. The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official map of the City. ��3Subd. 24 Stabilization. The use of ineasures which protect soil from the erosion forces of wind, rain and flowing water. �4Subd. 25 Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over twelve percent (12%), as measured over horizontal distances of fifty (50) feet or more, that are not bluffs. Subd 26 Surface Water or Waters. All streams lakes, ponds, marshes, wetlands, reservoirs sprin�s rivers drainage systems waterways watercourses, and irri�ation systems whether natural or artificial, public or private. &���Subd. 27 Utility. The owner/operator of any underground facility including an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute communications, data, electricity, power, heat, gas, oil, petroleum products, water (including stormwater), steam, sewage and other similar substances. �gSubd. 28 Watercourse. Any natural or improved stream, river, creek, ditch, channel, canal, conduit, gutter, culvert, drain, gully, swale, or wash in which waters flow either continuously or intermittently. S�-?�Subd. 29 Watershed. A region draining to a specific river, river system, or body of water. �-x�SSubd. 30 Wetlands. A lowland area such as a marsh, that is saturated with moisture, as defined in Sec. 404, Federal Water Pollution Control Act Amendments of 1987, or the Minnesota Wetland Conservation Act of 1991. Section 1520 - Erosion and Sediment Control Plans and Review 1520.01 Erosion and Sediment Control Plan. Subd. l Required. An Erosion and Sediment Control Plan must be submitted to the PWD for every project involving a land disturbance activity. No building permit, site plan approval, subdivision approval, or permit to allow land disturbing activities shall be issued and no earth disturbing activity shall commence until approval of the Erosion and Sediment Control Plan. 1500-5 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance Projects coordinated by Ramsey County or Mn/DOT do not require a permit; however, the PWD shall be notified of the project and be provided a copy of the Erosion and Sediment Control Plan, as well as an estimated schedule for commencement and completion. The PWD shall notify the designated contact if erosion control measures should fail or require maintenance with the expectation that the deficiencies will be corrected. If no permit has been obtained, a stop work order may be issued on the construction and a fine may be issued in an amount equal to twice the required permit fee. A completed Erosion and Sediment Control Plan and permit application shall be submitted before construction will be allowed to resume. Obtainin�a permit does not exempt the Permittee from obtaining permits required bv other governmental a egi ncies• - D '**�c-cc �e��'vcccrrr�`tncir-ap"� •,1•1� �••;�� '��" 1 '• � t_ � > > " viii ub b 4 l:vr.i4e� 4i. 4�0 � ll�..�.irrr•. ) ♦ � � � � � � � � ♦ � � . � - - ` � � - � � \ - 0,:.�0 � ��... e:.� �n Subd. 2 Application Fee. The Permittee shall submit an application fee as specified on the City's Fee Schedule as adopted and revised annually by the City Council by ordinance. The fee is non-refundable and shall cover any review costs accrued within one (1) year of the date of payment. Subd. 3 Criteria. The Erosion and Sediment Control Plan shall minimize soil erosion or sediment from damaging adjacent land. A Permittee engaged in a Land Disturbance Activity shall submit an Erosion and Sediment Control Plan that will minimize soil erosion or sediment from damaging adjacent land, bodies of water, watercourses or wetlands to the PWD for approval. The Erosion and Sediment Control Plan shall address the following criteria: A. Conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. B. Stabilize all exposed soils and soil stockpiles; C. Establish permanent vegetation; D. Prevent sediment damage to adjacent properties and other designated areas; E. Schedule of erosion and sediment control practices; 1500-6 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance F. Use of temporary sedimentation basins; G. Stabilization of steep slopes and bluffs; H. Control the storm water leaving a site; I. Stabilize all waterways and outlets; J. Protect storm sewers and outfalls from the entrance of sediment, debris and trash; K. Control waste, such as discarded building materials, concrete truck washout, chemicals, litter and sanitary waste that may adversely impact water quality; L. When working in or crossing water bodies, take precautions to contain sediment; M. Re-stabilize utility construction areas as soon as possible; N. Protect paved roads from sediment and mud brought in from access routes; O. Dispose of temporary erosion and sediment control measures; P. Maintain all temporary and permanent erosion and sediment control practices; and, Q. Removal of sediment from streets at the end of each day Subd. 4 Plan Content. The Erosion and Sediment Control Plan content shall include the following unless waived by the PWD: A. Contact information for the Permittee; B. Address of site where the land disturbing activity is proposed; C. Signature(s) of the owner(s) of the site or an authorized representative; D. Project description including the nature and purpose of the land disturbing activity and the amount of grading involved; E. Phasing of construction and timeline; F. Existing and proposed site conditions, including topography, vegetation, and drainage; G. Adjacent areas, neighboring streams, lakes, wetlands, residential areas, roads, etc., which might be affected by the land disturbing activity; H. Soil data including soil names, mapping units, erodibility; 1500-7 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance I. Critical erosion areas, which are areas on the site that have potential for serious erosion problems; J. Erosion and sediment control measures to be used on the site, both during and after the construction process; K. Temporary and Permanent stabilization to show how the site will be stabilized during and after construction (is completed), including specifications; L. Storm water management to show how storm runoff will be managed, including methods to be used if the development will result in increased peak rates or volume of runoff; M. Maintenance and schedule of regular inspections and repair of erosion and sediment control structures; and, N. Any calculations that were made for the design of such items as sediment basins, diversions, waterways, and other applicable practices. 1520.02 Review of Permit Application Subd. 1 General. The PWD shall review the Erosion and Sediment Control Plan to ensure compliance with the erosion and sediment control practice specifications and erosion and sediment control practices. Subd. 2 Permit Approval. If the PWD determines that the Erosion and Sediment Control Plan meets the requirements of this ordinance, the PWD shall issue a permit, valid for a specified period of time that authorizes the land disturbance activity contingent on the implementation and completion of the Erosion and Sediment Control Plan. Subd. 3 Permit Denial. If the PWD determines that the Erosion and Sediment Control Plan does not meet the requirements of this article, the PWD shall not issue a permit for the land disturbance activity. The Erosion and Sediment Control Plan must be resubmitted for approval before the land disturbance activity begins. No land use and building permits shall be issued until the Permittee has an approved Erosion and Sediment Control Plan. 1520.03 Escrow Requirement. After approval of an Erosion and Sediment Control Plan, the PWD may require the Permittee to escrow a sum of money sufficient to ensure the installation, completion, maintenance, inspection, and enforcement of the Erosion and Sediment Control Plan and practices. Escrow amounts shall be set by Ordinance in the City fee schedule. Upon project completion, the remaining escrow shall be returned to the Permittee. 1520.04 Modification of Plan. An approved Erosion and Sediment Control Plan may be modified upon submission of an application for modification to the PWD and subsequent approval by the PWD. In reviewing such application, the PWD may require additional reports and data. 1500 - 8 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance Section 1530 — Implementation and Maintenance 1530.01 Implementation and Maintenance of Plan. All storm water pollution controls noted on the approved Erosion and Sediment Control Plan shall be installed before commencing the land disturbing activity and shall not be removed without PWD approval or approval of a Certificate of Completion. Noncompliance with the Erosion and Sediment Control Plan shall constitute grounds for an order from the PWD to halt all construction. 1530.02 Implementation. The plan implementation shall incorporate the following: Subd. 1 Existing vegetation shall be retained whenever feasible. Subd. 2 Land shall be disturbed in increments of workable size such that adequate erosion and sediment control can be provided and maintained as construction progresses. The area exposed shall be stabilized in conformance with best management practices and with the maintenance requirements in the NPDES General Construction Permit. Soil stabilization measures should be selected to be appropriate for the time of year, site conditions, and estimated duration of use. Subd. 3 The location of areas not to be disturbed shall be identified with flags, stakes, signs, silt fence, etc. before construction begins. Subd. 4 Down-gradient sediment controls shall be in place before up-gradient land disturbing activity begins. Subd. 5 All storm drains, inlets and outfalls shall be protected until all sources of potential discharge are stabilized. Subd. 6 Temporary stockpiles shall have effective sediment control and can not be placed in surface waters or storm water conveyance systems. Subd. 7 Vehicle tracking from the site shall be minimized with the use of stone pads, concrete or steel wash racks, or equivalent systems. Subd. 8 Street sweeping shall be used if BMPs are not adequate to prevent sediment from being tracked into the street. 1530.03 Responsibility. The Permittee shall be responsible for proper operation and maintenance of all stormwater pollution controls and soil stabilization measures in conformance with best management practices and with the maintenance requirements in the NPDES General Construction Permit. The Permittee is responsible for the operation and maintenance of temporary erosion 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 has received an approved Certificate of Completion. The Permittee is responsible for maintenance, clean-up and all damages caused by flooding of the site or surrounding area due to in-place erosion or sediment control. 1500-9 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance Section 1540 — Enforcement 1540A1 Erosion and Sediment Control Permit Enforcement. If the PWD determines that erosion and sedimentation control is not being implemented or maintained accordin� to the ��roved Plan the Permittee will be notified and provided with a list of corrective work to be performed Notification may be given by.personal deliver�upon the Permittee, or an officer, partner manager or designated representative of the Permittee or by e-mail or facsimile bv sending such notice to the e-mail address or facsimile number provided bv the Permittee.Upon the receipt of a Non-Compliance Notice from the PWD, the Permittee shall undertake a corrective action. Subd. 1 Types of Corrective Actions. A. �Violations Contained on the Construction Site. Permittee shall complete clean-up and restoration within forty-eight (48) hours of receipt of the Non- Compliance Notice. B. �Violation Impacting Adjoining Property. Permittee shall develop and complete a clean-up and restoration plan within forty-eight (48) hours of receipt of a Non-Compliance Notice unless the affected adjoining property owner refuses Permittee access to the adjoining property. In all cases, clean-up and restoration shall be completed within seven (7) days of receipt of the Non-Compliance Notice, unless an extension is granted by the PWD. C. Violations Ixnpacting Streets, Wetlands, or Water Bodies. Permittee shall develop and implement a clean-up and restoration plan immediately upon receipt of a Non-Compliance Notice. Subd. 2 Failure to Comply. If Permittee fails to implement the Plan or complete any required corrective action in a timely manner, the City may pursue one or more of the remedies specified herein. All costs incurred by the City shall be paid by Permittee. Escrow funds may be used by the City for this purpose and, if such funds do not adequately cover the City's cost, the Permittee shall reimburse the City for any deficiency before continuing work on the construction site. The City may: A_Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy. �B Issue a stop work order ceasin� all land disturbance activitv on the site until such time as corrective measures are completed to the satisfaction of the PWD. �C. Revoke any permit issued by the City to the Permittee for the Site. ED. Direct the correction of the deficiency by City forces or by a separate contract. 1500 - 10 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance �:E. Obtain a Compliance Order from the appropriate court. Effective Date. This ordinance will take effect and be in force after its passage and official publication. Adoption Date Passed by the Arden Hills City Council this �4�r12th day of �y; �89�December, 2011. Ic*�„��•� T�. Ts���*��aDavid Grant, Mayor ATTEST: I D�„��a T"���r��patrick J. Klaers, City Administrator 1500 - 11 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2011-013 AN ORDINANCE REQUIRING EROSION AND SEDIMENT CONTROL FOR LAND DISTURBANCE ACTIVITIES WITHIN THE CITY OF ARDEN HILLS The Arden Hills City Council hereby amends Chapter 15 and its subdivisions to the Arden Hills City Code to read as follows: Chapter 15: Erosion and Sediment Control Section 1500 — Purpose and Scope 1500.01 Purpose. The purpose of this regulation is to control or eliminate soil erosion and sedimentation within the City of Arden Hills. The regulation establishes standards and specifications for conservation practices and planning activities which minimize soil erosion and sedimentation and work to protect the City's natural resources for the health, safety, and welfare of the public. 1500.02 Scope. Except as exempted by the definition of the term "land disturbance activity" in Section 1510.01, any person, firm, sole proprietorship, partnership, corporation, state agency, or political subdivision thereof proposing land disturbance activity within the City shall apply to the Public Works Director or appointed designee (herein called "PWD") for the approval of the Erosion and Sediment Control Plan. No land shall be disturbed until the Plan is approved by the PWD and conforms to the standards set forth in this article. Section 1510 — Definitions 1510.01 Definitions. For the purposes of this ordinance, the following terms have the meanings given them in this section: Subd. 1 Best Management Practices (BMP). Schedules of activities, prohibitions of practices, general good house keeping 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. A. Non-structural BMP: Practices that focus on preserving open space, protecting natural systems, and incorporating existing landscape features such as wetlands and 1500 - 1 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance stream corridors to manage storm water at its source. Other practices include clustering and concentrating development, minimizing disturbed areas, and reducing the size of impervious areas. B. Structural BMP: a physical device that is typically designed and constructed to trap or filter pollutants from runoff, or reduce runoff velocities. Subd. 2 Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluf�: A. Part or all of the topographic feature is located in a shoreland area; B. The slope rises at least twenty five (25) feet above the ordinary high water level of the waterbody; C. The grade of the slope from the toe, or bottom, of the bluff to a point twenty five (25) feet or more above the ordinary high water level averages thirty percent (30%) or greater; and D. The slope must drain toward the waterbody. Subd. 3 Certificate of Completion. The certificate issued after the final inspection of the site has been completed, temporary erosion control has been removed and the site has been fully restored. Subd. 4 Clearing and grubbing. The cutting and removal of trees, shrubs, bushes, windfalls and other vegetation including removal of stumps, roots, and other remains in the designated areas. Subd. 5 Erosion. Any process that wears away the surface of the land by the action of water, wind, ice, gravity and/or land disturbance activities. Erosion can be accelerated by the activities of man and nature. Subd. 6 Erosion and Sediment Control Plan (Plan) is a plan which includes a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction related land disturbances, fills, and soil storage occur, and before final improvements are completed, all in accordance with the specific requirements set forth in Section 1520. This Plan shall also include permanent measures and Best Management Practices to control post-construction surface runoff and sediment. Subd. 7 Erosion and sediment control practice specifications and erosion and sediment control practices. The management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by the City. 1500 - 2 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance Subd. 8 Excavation. The mechanical removal of earth material. Subd. 9 Fill. The deposit of soil or other earth materials placed by artificial means. Subd. 10 General Storm Water Permit. The Minnesota Pollution Control Agency's (MPCA) general National Pollutant Discharge Elimination System (NPDES) construction storm water permit covering anyone conducting a land disturbing activity which disturbs one (1) or more acres oftotalland area. Subd. 11 C'rrading. Excavation or fill of material, including the resulting conditions thereof. Subd. 12 Land Disturbance Activity. Any land change greater than 5,000 square feet or 50 cubic yards, or land change on a parcel of land located within a shoreland area or adj acent to a surface water that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters or lands of the city, including but not limited to construction, clearing and grubbing, grading, excavating, transporting and filling of land. Land Disturbance Activity does not mean the following: A. Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs and maintenance work; B. Additions or modifications to existing single-family dwellings that will result in creating under 5,000 square feet of exposed soil and/or impervious surface; C. Construction, installation and maintenance of electric, telephone, and cable television utility lines or individual service connection to these utilities, except where a minimum of 5,000 square feet of land disturbance can be anticipated; D. Tilling, planting or harvesting of agricultural, horticultural, or silvicultural crops; E. Installation of fence, sign, telephone, and electric poles and other kinds of posts, bollards or poles; and F. Emergency work to protect life, limb, or property and emergency repairs. However, if the land disturbing activity would have required an approved Erosion and Sediment Control Plan except for the emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirement of the PWD when applicable. Subd. 13 Outfall. The point source where a storm sewer system discharges from a pipe, ditch, or other discrete conveyance to receiving waters, or to a storm sewer system owned and operated by another party. Subd. 14 Permittee. A person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision thereof engaged in a land disturbance activitywho submits an application to the PWD for a permit pursuant to this ordinance. 1500-3 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance Subd. 15 Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next. Subd. 16 Ramsey Conservation District. The Ramsey Soil and Water Conservation District. Subd. 17 Rice Creek Watershed District. An organization which oversees the activities in the Rice Creek watershed as defined by Minnesota Statutes, Sections 103B,and 103D. Subd. 18 Runoff. Rainfall, snowmelt, or irrigation water flowing over the ground surface. Subd. 19 Sediment. Solid mineral or organic material that, in suspension, is being transported, or has been moved from its original site by air, water, gravity, or ice, and has been deposited at another location. Subd. 20 Sedimentation. The process or action of depositing sediment, caused by erosion. Subd. 21 Site. The entire area of land on which the land disturbance activity is proposed in the permit application. Subd. 22 Site Plan. A plan or set of plans showing the details of any land disturbance activity of a site including but not limited to the construction of: structures, open and enclosed drainage facilities, stormwater management facilities, parking lots, driveways, curbs, pavements, sidewalks, bike paths, recreational facilities, ground covers, plantings, and landscaping. Subd. 23 Shoreland. The land located within the following distances from protected waters: A. One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; B. Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on such rivers or streams, whichever is greater; and, C. The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official map of the City. Subd. 24 Stabilization. The use of ineasures which protect soil from the erosion forces of wind, rain and flowing water. Subd. 25 Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over twelve percent (12%), as measured over horizontal distances of fifty (50) feet or more, that are not bluffs. 1500 - 4 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance Subd.26 Surface Water or Waters. All streams, lalces, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. Subd.27 Utility. The owner/operator of any underground facility including an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute communications, data, electricity, power, heat, gas, oil, petroleum products, water (including stormwater), steam, sewage and other similar substances. Subd. 28 Watercourse. Any natural or improved stream, river, creek, ditch, channel, canal, conduit, gutter, culvert, drain, gully, swale, or wash in which waters flow either continuously or intermittently. Subd. 29 Watershed. A region draining to a specific river, river system, or body of water. Subd. 30 Wetlands. A lowland area such as a marsh, that is saturated with moisture, as defined in Sec. 404, Federal Water Pollution Control Act Amendments of 1987, or the Minnesota Wetland Conservation Act of 199L Section 1520 — Erosion and Sediment Control Plans and Review 1520.01 Erosion and Sediment Control Plan. Subd. 1 Required. An Erosion and Sediment Control Plan must be submitted to the PWD for every project involving a land disturbance activity. No building permit, site plan approval, subdivision approval, or permit to allow land disturbing activities shall be issued and no earth disturbing activity shall commence until approval of the Erosion and Sediment Control Plan. Projects coordinated by Ramsey County or Mn/DOT do not require a permit; however, the PWD shall be notified of the project and be provided a copy of the Erosion and Sediment Control Plan, as well as an estimated schedule for commencement and completion. The PWD shall notify the designated contact if erosion control measures should fail or require maintenance with the expectation that the deficiencies will be corrected. If no permit has been obtained, a stop work order may be issued on the construction and a fine may be issued in an amount equal to twice the required permit fee. A completed Erosion and Sediment Control Plan and permit application shall be submitted before construction will be allowed to resume. Obtaining a permit does not exempt the Permittee from obtaining permits required by other governmental agencies. 1500 - 5 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance Subd. 2 Application Fee. The Permittee shall submit an application fee as specified on the City's Fee Schedule as adopted and revised annually by the City Council by ordinance. The fee is non-refundable and shall cover any review costs accrued within one (1) year of the date of payment. Subd. 3 Criteria. The Erosion and Sediment Control Plan shall minimize soil erosion or sediment from damaging adjacent land. A Permittee engaged in a Land Disturbance Activity shall submit an Erosion and Sediment Control Plan that will minimize soil erosion or sediment from damaging adjacent land, bodies of water, watercourses or wetlands to the PWD for approval. The Erosion and Sediment Control Plan shall address the following criteria: A. Conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. B. Stabilize all exposed soils and soil stockpiles; C. Establish permanent vegetation; D. Prevent sediment damage to adjacent properties and other designated areas; E. Schedule of erosion and sediment control practices; F. Use of temporary sedimentation basins; G. Stabilization of steep slopes and bluffs; H. Control the storm water leaving a site; I. Stabilize all waterways and outlets; J. Protect storm sewers and outfalls from the entrance of sediment, debris and trash; K. Control waste, such as discarded building materials, concrete truck washout, chemicals, litter and sanitary waste that may adversely impact water quality; L. When working in or crossing water bodies, take precautions to contain sediment; M. Re-stabilize utility construction areas as soon as possible; N. Protect paved roads from sediment and mud brought in from access routes; O. Dispose of temporary erosion and sediment control measures; P. Maintain all temporary and permanent erosion and sediment control practices; and, 1500 - 6 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance Q. Removal of sediment from streets at the end of each day Subd. 4 Plan Content. The Erosion and Sediment Control Plan content shall include the following unless waived by the PWD: A. Contact information for the Permittee; B. Address of site where the land disturbing activity is proposed; C. Signature(s) of the owner(s) of the site or an authorized representative; D. Project description including the nature and purpose of the land disturbing activity and the amount of grading involved; E. Phasing of construction and timeline; F. Existing and proposed site conditions, including topography, vegetation, and drainage; G. Adjacent areas, neighboring streams, lakes, wetlands, residential areas, roads, etc., which might be affected by the land disturbing activity; H. Soil data including soil names, mapping units, erodibility; I. Critical erosion areas, which are areas on the site that have potential for serious erosion problems; J. Erosion and sediment control measures to be used on the site, both during and after the construction process; K. Temporary and Permanent stabilization to show how the site will be stabilized during and after construction (is completed), including specifications; L. Storm water management to show how storm runoff will be managed, including methods to be used if the development will result in increased peak rates or volume of runoff; M. Maintenance and schedule of regular inspections and repair of erosion and sediment control structures; and, N. Any calculations that were made for the design of such items as sediment basins, diversions, waterways, and other applicable practices. 1500 - 7 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance 1520.02 Review of Permit Application Subd. l General. The PWD shall review the Erosion and Sediment Control Plan to ensure compliance with the erosion and sediment control practice specifications and erosion and sediment control practices. Subd. 2 Permit Approval. If the PWD determines that the Erosion and Sediment Control Plan meets the requirements of this ordinance, the PWD shall issue a permit, valid for a specified period of time that authorizes the land disturbance activity contingent on the implementation and completion of the Erosion and Sediment Control Plan. Subd. 3 Permit Denial. If the PWD determines that the Erosion and Sediment Control Plan does not meet the requirements of this article, the PWD shall not issue a permit for the land disturbance activity. The Erosion and Sediment Control Plan must be resubmitted for approval before the land disturbance activity begins. No land use and building permits shall be issued until the Permittee has an approved Erosion and Sediment Control Plan. 1520.03 Escrow Requirement. After approval of an Erosion and Sediment Control Plan, the PWD may require the Permittee to escrow a sum of money sufficient to ensure the installation, completion, maintenance, inspection, and enforcement of the Erosion and Sediment Control Plan and practices. Escrow amounts shall be set by Ordinance in the City fee schedule. Upon project completion, the remaining escrow shall be returned to the Permittee. 1520.04 Modification of Plan. An approved Erosion and Sediment Control Plan may be modified upon submission of an application for modification to the PWD and subsequent approval by the PWD. In reviewing such application, the PWD may require additional reports and data. Section 1530 — Implementation and Maintenance 1530.01 Implementation and Maintenance of Plan. All storm water pollution controls noted on the approved Erosion and Sediment Control Plan shall be installed before commencing the land disturbing activity and shall not be removed without PWD approval or approval of a Certificate of Completion. Noncompliance with the Erosion and Sediment Control Plan shall constitute grounds for an order from the PWD to halt all construction. 1530.02 Implementation. The plan implementation shall incorporate the following: Subd. l Existing vegetation shall be retained whenever feasible. Subd. 2 Land shall be disturbed in increments of workable size such that adequate erosion and sediment control can be provided and maintained as construction progresses. The area exposed shall be stabilized in conformance with best management practices and with the maintenance requirements in the NPDES General Construction Permit. Soil stabilization measures should be selected to be appropriate for the time of year, site conditions, and estimated duration of use. 1500 - 8 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance Subd. 3 The location of areas not to be disturbed shall be identified with flags, stakes, signs, silt fence, etc. before construction begins. Subd. 4 Down-gradient sediment controls shall be in place before up-gradient land disturbing activity begins. Subd. 5 All storm drains, inlets and outfalls shall be protected until all sources of potential discharge are stabilized. Subd. 6 Temporary stockpiles shall have effective sediment control and can not be placed in surface waters or storm water conveyance systems. Subd. 7 Vehicle tracking from the site shall be minimized with the use of stone pads, concrete or steel wash racks, or equivalent systems. Subd. 8 Street sweeping shall be used if BMPs are not adequate to prevent sediment from being tracked into the street. 1530.03 Responsibility. The Permittee shall be responsible for proper operation and maintenance of all stormwater pollution controls and soil stabilization measures in conformance with best management practices and with the maintenance requirements in the NPDES General Construction Permit. The Permittee is responsible for the operation and maintenance of temporary erosion 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 has received an approved Certificate of Completion. The Permittee is responsible for maintenance, clean-up and a11 damages caused by flooding of the site or surrounding area due to in-place erosion or sediment controL Section 1540 — Enforcement 1540.01 Erosion and Sediment Control Permit Enforcement. If the PWD determines that erosion and sedimentation control is not being implemented or maintained according to the approved Plan, the Permittee will be notified and provided with a list of corrective work to be performed. Notification may be given by personal delivery upon the Permittee, or an officer, partner, manager or designated representative of the Permittee, or by e-mail or facsimile by sending such notice to the e-mail address or facsimile number provided by the Permittee.Upon the receipt of a Non-Compliance Notice from the PWD, the Permittee shall undertake a corrective action. Subd. 1 Types of Corrective Actions. A. Violations Contained on the Construction Site. Permittee shall complete clean-up and restoration within forty-eight (48) hours of receipt of the Non-Compliance Notice. B. Violation Impacting Adjoining Property. Permittee shall develop and complete a clean-up and restoration plan within forty-eight (48) hours of receipt of a Non- 1500-9 City of Arden Hills Chapter 15 Erosion and Sediment Control Ordinance Compliance Notice unless the affected adjoining property owner refuses Permittee access to the adjoining property. In all cases, clean-up and restoration shall be completed within seven (7) days of receipt of the Non-Compliance Notice, unless an extension is granted by the PWD. C. Violations Impacting Streets, Wetlands, or Water Bodies. Permittee shall develop and implement a clean-up and restoration plan immediately upon receipt of a Non-Compliance Notice. Subd. 2 Failure to Comply. If Permittee fails to implement the Plan or complete any required corrective action in a timely manner, the City may pursue one or more of the remedies specified herein. All costs incurred by the City shall be paid by Permittee. Escrow funds may be used by the City for this purpose and, if such funds do not adequately cover the City's cost, the Permittee shall reimburse the City for any deficiency before continuing work on the construction site. The City may: A. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy. B. Issue a stop work order, ceasing all land disturbance activity on the site until such time as corrective measures are completed to the satisfaction of the PWD. C. Revoke any permit issued by the City to the Permittee for the Site. D. Direct the correction of the deficiency by City forces or by a separate contract. E. Obtain a Compliance Order from the appropriate court. Effective Date. publication. Adoption Date David Grant, Mayor ATTEST: This ordinance will take effect and be in force after its passage and official Passed by the Arden Hills City Council this 12th day of December, 2011. Patrick J. Klaers, City Administrator 1500 - 10 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2011-013 On the 12�` day of December, 2011, the Arden Hills City Council adopted Ordinance No. 2011-013, and by at least four/fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2011-013 be published. The revision of Sections 1510.01, 1520.01 and 1�40.01 of the City Code are collectively known as Ordinance 2011-013 entitled "Erosion and Sediment Control". The purpose of the amendments is to clarify definitions of terms used in the ordinance, clarify conditions that require an erosion and sediment control permit, and enhance the enforcement tools for the City. The amended regulations will go into effect on December 22, 2011. A full copy of Ordinance 2011-013 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112.