HomeMy WebLinkAbout2011-013 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
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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 bluff):
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.
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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 of total land area.
Subd. 11 Grading. 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 adjacent 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 activity who submits an
application to the PWD for a permit pursuant to this ordinance.
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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(3 00)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 measures 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.
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Subd. 26 Surface Water or Waters. All streams, lakes, 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 1991.
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.
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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,
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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.
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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.
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.
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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.
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-
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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. 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 12th day of December, 2011.
David Grant, Mayor
ATTEST:
Patrick Klaers, City Administrator
•
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