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HomeMy WebLinkAbout2003-04-01 P & Z Agenda - -.- - , teroi[[e 'l),tafj{isfid IRS? ~.,} ~r ~J PLANNING AND ZONING COMMITTEE L CALL TO ORDER MEETING AGENDA I : :'1\ TUESDAY, APRIL 1, 2003 \I 6:30 p.m. J ""81'. that is ilHed = proposed ~...... to be deletecL 1""81'''8''' that is in blue - ploposed "9' to be added. 1. Roll Call ... II. PUBLIC HEARING (S) m. APPEARANCES Copies of these (J1di........ haw been 1bIwafded to tbe City Attorney for review. He is ClIo.......,. OR YIC8tion; however, we hope tohearftom hiIIl prior to tbe mr "]jiJ These Ofm-.ces wiD also be placed on the City'1 web site IV. OLD BUSINESS for easv acceII for recideut,. . V(. Snowmobile Ordinance (Ord. #17 A) - Review Proposed Amendments - bt.~1 uH/~ ~ GarbagelRubbish Ordinance (Ord. #1) - Review Proposed Amendments . / '_ IIi', h- ~tLw.-- V. NE.W BUSINESS . i)t.'f.r. 'b. I~-l~ .)~t.... ~f ,., . p.jI'vJ1' ~ ~rcade Concre~Site Plan Review - 2016 Gateway Circle - - ~ ~ Proposed Amendments Lawn & Garden Watering Ordinance (Ord. #63)/(lulrru-f-JIw....f- I 3. Propos~,A,mendments S~mp Pump Ordinance (Ord. #57) I. CJ . l. ~ w,.~ I vv'll~/~wu -- ~ -fr; ~ ~ {.pO"'~/Ao ~. ' VL DISCUSSION ITEMS ' PlVr"}- 'b l..c..hl1tulio or.l, I I VII. CONSIDERATION OF MINUTES 1. March 4, 2003 Planning and Zoning Meeting Minutes t.Od~/ . ~ vm. ADJOURNMENT \ ~ !- ~~- ~ \." )~\ I fOO'42'OO"E.. ~ f:... I'" ! J' ~l! Ii.. \ l .. ~ I t I \, I ~i';, I \1 ." 0: I!il..~ \\ ;- i \ ',.. ::: !. 1 j 7 I '! a , e.i!: .. """..., 1\-", '\. ~~ \ I I ("". . ,q .!, Eji I ~ fE r'\ ~ "I;:; "1 I \ ~ -",::\ t;l~! L' ~ it ' '1 I I ' ID 1;1 r-------- ~-:;_t"rf~~L-----.i~,~li ~. ~.. I l.~_~_>....J I I e 'it I I I I I I I I '" I. flY, $; ~ fj\ ! ~ ~ t ~ [f ~ g ~ ~ /~~\ i.!~ 5:'g ~[ , :r i' ~ I'll _ ~ I r' 0' 0 ~ Ie) ~.- to-d L0blt8~t~9 ;'"1"-;-'-'- , , ':..:, i. ~~ .. \ 6t ~: a: ~ 6;11 ~~ ~g .;- \ ~i~/ ~ / (g ;' ~.' ,"\I , c,g to", '. 1 iio.! . ;' ~ ~ ,/' a t/ ~ p +j ~ ~ , yo , ~ \ ~ .;- l !. 13i;~'~.,m.o.. 1- ,....... 1'~ .f:" i;;., "...."""!. ~ I ~::-.~" "I ,oj ... ~ t ..' \ .- ..... ~ \~"",. '~~ " i ~f' "" .., ", ,-- , ,-" I i~~ \ --, - -, .-\ '!. '0:. 132.53 meae. .... ^ ~~ ~ ~; . Wd Z~:t0 20-L~-~~W Effective: 4/24/91 City ofCenterville Ord. #17-A STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #17-A AN ORDINANCE REGULATING THE USE AND OPERATION OF SNOWMOBILES IN THE CITY OF CENTERVILLE, AND REPEALING ORDINANCE NO. 17 RELATING TO THE SAME SUBJECT. The City Council of the City ofCenterville, Minnesota, does ordain: SECTION 1. INTENT. Operation on Streets and Highwavs - Operation of snowmobiles upon the roadway. shoulder. inside bank. slope of any street or highway. ditch or on the outside bank within the right-of-way of any street or highway is permitted in conformance with State Law and City Ordinance within the corporate limits ofthe City of Centerville. It is the intent of this ordinance to supplement Minnesota Statutes, Scctions 81.81 through 81.88, as amcnded, and Minnesota Statutes Chapter 169, with respect to the operation of snowmobiles. Such statutes arc incorporated herein by reference. This sectioR is not intended to allow what the state statutes prohibit, nor to prohibit ",,.hat the state statutes allow. SECTION 2. DEFINITIONS. For the purposes of this Ordinance, terms defined herein shall have the meaning ascribed to them. . Direct Crossin!!:: A snowmobile may make a direct crossing of a street or highway provided the following: 1. The crossing is made at an an@;le of approximately ninety (90) degrees to the dirt;(;liuli uf the street or high~vaY and at a place wh~re no obst!Uction pr~vents a Quick and safe crossing. 2. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. 3. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard. 4. In crossing a divided street or highway. the crossing is made only at an intersection of such street or highway with another public street or highway. Page 1 of5 (J ~ o Effective: 4/24/91 City ofCenterville Ord. #17-A 5. tfthe crossing is made between the hours of one-half 0/2) hour after sunset to one-half (1/2) hour before sumise or in conditions of reduced visibility. only if both g:ont and rear lights are on. . ~ w~ <t'~ No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians which constitute any immediate hazard. . Operate: To ride in or on, and control the operation of a snowmobile. Operator: Every person who operates, or is in actual physical control of a snowmobile. Owner: A person, other than a lien holder having the property in or title to a snowmobile, or entitled to the use or possession thereof-and is responsible for damages unless the snowmobile is stolen r 7'~1. ~.J Person: An individual, partnership, corporation, the state and its agencies and subdivision, and any body of persons, whether incorporated or not. Roadway: That portion of a highway or street improved, designed or ordinarily used for vehicular travel. Snowmobile: A self propelled vehicle designed for travel on snow or ice, steered by skis or runners. Street: A public thoroughfare, roadway, alley, or trail used for motor vehicular traffic which is not an interstate, trunk, county-state aid, or county highway. Right-of-Way: The entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. Deadman Throttle or Safety Throttle: A device which when pressure is removed from the engine accelerator or throttle, causet the motor to be disengaged from the driving mechanism. . ':7 . . . . . . . . SECTION 3. RESTRICTIONS. It is unlawful for any person to enter, operate or stop a snowmobile within the limits of the City of CentervilIe: 1. On the roadway of any street, except the most right hand lane then available for traffic or as close as practicable to right hand curb or edge ofthe roadway, except when overtaking and passing another vehicle stopped in the lane or proceeding in the same direction, or in making a left turn. Snowmobiles are also prohibited upon the inside slope and roadway of any trunk, county-state aid and county highways where such highways are so configured within the corporate limits. 2. On a public sidewalk provided for pedestrian travel. 3. On boulevards within any public right-of-way. 4. On private property of another without specific permission of the owner or person in control of said property. Page 2 of 5 Effective: 4/24/91 City ofCenterville Ord. #I7-A 5. Upon any school grounds, except as permission is expressly obtained from responsible school authorities. 6. On public property, playgrounds and recreation areas, except areas previously listed or authorized for such use by the Park Board, in which case such use shall be lawful, and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the City of Centerville shall be designated by resolution of the Park Board and approved by the City Council. 7. On streets as permitted by this ordinance at a speed exceeding ten (10) miles per hour. 8. During the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 12:00 a.m. to 8:00 a.m., Friday and Saturday. This provision is not intended to prohibit snowmobiles from operating on City streets during the hours specified herein. Nor shall it prohibit the operator of a snowmobile from entering or leaving the City of Centerville during the above hours, providing that the operator of a snowmobile utilized the most direct route of travel to and from the operator's residence or destination. 9. Within two hundred (200) feet of church property during the hours of church services, and during the hours of other church functions. This provision is not intended to prohibit snowmobiles from operating on City street adjacent to church property during the hours specified herein. 10. At any place. while under the influence of intoxicating liquor or drugs. At any olace in a careless. reckless or negligent manner so as to endanger the person or I property of another or to cause iniury or dam,e t~. . 1'_.1 l- t..":u k-"-ft;,1 (j\t'" rt. ILl.e.OW).c.Lr' ~ t:A1~ w.-. t<.d ("....T~,.-: . -~ t"Or' vto ~~J'IO , SECTION 4. TRAFFIC ORDINANCES. ~M\o.;V-t,\.V-1'::>' ~ G~GL\-tN1 CL ~00MO v;:,.L6 t'l., ~\-" I City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application. 11 SECTION 5. TRAFFIC YIELDING. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard. SECTION 6. PERSON(S) UNDER 18. 1. No person under 14 years of age shall operate on streets or make a direct crossing ofa City street as the operator ofa snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets as permitted under this Ordinance, and make a direct crossing of such streets only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources as Page 3 of5 Effective: 4/24/91 City ofCenterville Ord. #17-A permitted in conformance with state law. provided by Minnesota Statate 81.86, or a valid motor vehicle operators license issued by the Commissioner of Public Safety or the drivers license authority of another state. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provision of this section. SECTION 7. SURROUNDINGS. It is unlawful for any person to operate a snowmobile within the limits of the City ofCenterville: . So as to tow any person on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. Exception: A disabled snowmobile may be towed to a private residence without the use of rigid tow bar. . Within one hundred (100) feet of any fisherman, pedestrian, skating rink or sliding area where the operation, would conflict with use or endanger other persons or operation in those areas at a speed greater than reasonable and prudent. SECTION 8. MACHINE REQUIREMENTS. It is unlawful for any person to operate a snowmobile any place within the limits of the City ofCenterville unless it is equipped with the following: . Brakes adequate to control the movement of, and to stop and hold, the snowmobile under any condition of operation. . A safety or so called "deadman" throttle in use and in operating condition. . When operated between the hours of one half hour after sunset, to one half hour before sunrise, or at times of reduced visibility, at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator. It shall also be equipped with at least one (I) red to exhibit a red rear light plainly visible from a distance of five hundred (500) feet to the rear during hours of darkness under normal atmospheric conditions. . Reflective material at least sixteen (16) square inches on each side, forward of the handlebars, so as to reflect lights at a ninety degree (900) angle. SECTION 9. IGNITION. Every person leaving a snowmobile on a public place shall lock the ignition, remove the key and take the key with him/her. SECTION 10. PENALTIES. ~ ;'W^V~~ ~ ~()~1Vj\ Any person who violates, 'tiisobeys, omits, neglects or refuses to comply with the provisions of this . Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished as defined by State Statute. SECTION II. SEVERABILITY. Page 4 of5 Effective: 4/24/91 City of Centerville Ord. # 17-A Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. Adopted by the City Council this 24th day of April, 1991. (Si~nature on File) Mayor, George Haberman ATTEST: (Signature on File) Clerk! Administrator, Tamara M. Mitz-Miller Published in the Quad Community Press on May 28, 1991. Page 5 of5 ~ J 'c' "" ,,, N " 'i.. "" v 'f.1IY .~ ~ ;~ v '( (1i '\0' .~ Effective: 2/27/59 City of Centerville Ord. # I STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVlLLE AN ORDINANC EFININIG ARBAGE, RUBBISH AND WATER MATTER AND PROVIDING REGULATING THE KEEPING, GATHERING, RECEIVING, DISPOSING AND DESTROYING THEREOF; MAKING IT UNLAWFUL TO SPILL GARBAGE, RUBBISH OR WATER MATTER OF ANY KIND UPON THE PUBLIC WAYS OF THE ViLLAGE CITY OF CENTERVILLE: PROVIDING THE MUNICIPAL COLLECTION OF GARBAGE BY CONTRACT, PROVIDING FOR THE ESTABLISHMENT OF FEES TO BE CHARGED FOR GARBAGE COLLECTIONS; PROVIDING A PENALTY F~.l1Q~ PROVISIONS OF THIS ORDINANCE; REPELAING IN ONSISTENT ORDINANCES. The City Council of the City of Centerville, Anoka County, Minnesota does ordain: SECTION 1. DEFINITIONS. +A ~r Cb {:rar~ageas u~~ed in this ordinance, Garbage aApplies to both residences and businesses and commercial enterprises, and shall consist of organic refuse resulting from the preparation offood and decayed and spoiled food from any source, dead animals of not more than 10 pounds in weight each, and glass and tin cans in which foods are customarily purchased. Rubbish, as the work is USefr1n tllis~Brdinance, Rubbish. eConsists of wood, leaves, chips, shavings, printed matter, paper, paste board, grass, rags, straw, discarded wearing apparel, and all other combustible matter not included in this ordinance under the term garbage. Waster matter;-a5-lne,wOfds are used in this ordinant:B; Waste Matter. eConsists of natural soil, earth, sand, clay, gravel, loam, brick, plaster, ashes, and all non-combustible matter. F arm, as the word is \1sed in this ordinance, shall cF arm. Consists of any tract ofland five (5) acres or greater in area used for agricultural purposes. E Collection Service. A private oDeration engaged lD collection and transportation of refuse. yard waste and recyclables. . Independent Contractor. A person authorized by the ~ to perform refuse collection services within the City. Page 1 of5 Effective: 2Il7/59 City ofCenterville Ord #t The Building Inspector shall be the exclusive judge of the efficiency of such garbage cans, receptacles and located areas. It shall be unlawful to keep, place or deposit garbage, waste matter, or rubbish on the ~ public ways of the City ofCenterville.. . \ -. ~ . uf L~ ~ ~w ~~~l-z,VVt>""'- lI.. Garbag~ shall not be placed outdoors for pick-up except on the date of pickup. 0 Section 3. This City Council may license an independent contractor to collect garbage in the City of Centerville upon payment of a license fee in tRe sum of $-lQ~as listed in the currept fee schedule. The City Council may contract with said licensee for the collection of garbage in the City of Centerville on such terms and for such periods as the Council may from time to time determine. It shall be unlawful for any other person or persons to move or h VI carry away any garbage, except from his own premises, except by special permission 01' V the City Council. The inde.Jlendent contractor is r~.wonsible for the safe, legal. and environmentally sound disposal of refuse, garbage. _""hite oods and an ot' materials collected under the contract. The inde c s I' re and arba e colJected in CentervilJe at e.,poka Coun e independent contractor must maintain recei t of deliver and shalJ provide the_City with copies of such receipts upon request. Estimated City tQnnages must be reported by the independent contractor to the City month!j', Thg independent contractor is responsible for the safe. legal. and environmentallv sount! conveyance of all yard waste collected under the contract. The independent contractor will con \ley the yard waste to a compost site as approved by the City. The independent contractor may not mix other lYpes of refuse or inorganic materials with the yard waste or take any action!>o as to make the yard .waste material unaccep.lable to the operators of the compost site The imlcvcJJllt:lIl ~Vllil(1vi.UI ~~ le;;~pui-I~itrc: f0i the 5<ifc. k~u:' uDG~ CiiT\I'iJviiii"i~iit~Hy 3G~~d colJection and conveyance of recvclables. The independent contractor must convey the recyclables to a market. which assures these materials will not be landfilled. The independent contractor may not mix other types of refuse or inorganic materials with the recyclables or take any action to make the recyclable material unacceptable to the operators of the recycling center. Only pickups authorized bv the contract may be made. The independent contractor is not entitled to payment for anv pickups not authorized bv the contract. SECTION 4. Page 3 of5 Effective: 2/27/59 City of Centerville Ord. #I The independent contractor shall furnish his own equipment and labor for the collection of garbage. The independent contractor shall collect garbage within the City of Centerville and no other person shall make a business of or collect any place within the City of Centerville. The garbage so collected by such independent contractor shall be disposed of by said contractor in a sanitary manner. The independent contractor shall furnish a performance bond in the amount of$I,OOO.OO, conditioned upon the satisfactory \ performance of his contract. The independent contractor shall at all times maintain insurance on all of his equipment, against liability imposed by law, for personal injury in the amount of at least $50,000.00 $100.000 for injury to anyone (I) person and ~IOO,OOO.OO $300.000 for personal injuries arising out of anyone (1) accident and $10,000.00 $50.000 for property damage. A certificate of said insurance shall be filed with the City Clerk. SECTION 5. The independent Gl;ontractor efthis City of Centcrvilte shall charge a fee to each place or person served, on the basis of services rendered. The amount of said fee shall be determined by the Council. The independent G!;ontractor may collect the fee directly, if authorized by the Council, and in such case, he shall keep accurate records of all his fee collections and he shall report his fee collections monthly to the Clerk of the City of Centerville. The statements for such fees shall be sent to the place or person served at such intervals as the Council shall determine. The Council may provide for a cash discount on such bills or for a discount for prepayment of an account. The contract with the independent contractor shall be based upon unit price. SECTION 6. It shall be lawful in case any person shall default in the payment of the garbage collection fees for the City Council to collect its fee therefore from said person or the owner of the real property from which the garbage was collected, by civil action or by assessing the same against the real estate. SECTION 7. All licenses granted for the collection of garbage prior to the adoption of this ordinance shall terminate on the effective date of this ordinance. SECTION 8. Any persons violating any provision of this ordinance shall upon conviction thereof by subject to a fine of not exceeding $100.00 misdemeanor or imprisonment for not exceeding 90 days. Page 4 of 5 Effective: 2/27/59 City ofCenterville Ord #1 SECTION 9. All ordinance or provisions thereof inconsistent with the provisions of the ordinance are hereby repealed. SECTION 10. This ordinance shall become effective upon its publication. Adopted by the Village Council this 271h day of February, 1959. (Signature on File) Mayor, Francis V. Burque ATTEST: (Signature on File) Clerk, Dan 1. Tourville Published in the Anoka Herald on March 12, 1959. Amended: March 13,1974 Published in the Blaine-Spring Lake Park Life on March 29, 1974 Amended: December 14, 1988 Published in the Quad Community Press on January 3, 1989 Page 5 of5 tervi{{e 'Estafj(ishei 1857 STAFF REPORT DATE: April I, 2003 TO: Planning and Zoning Commissioners Kim Moore-Sykes, City Administrator Vt\\b FROM: RE: Arcade Concrete Site Plan Review - 2016 Gateway Circle ......................................................................... Staff received site plans from Arcade Concrete earlier this week for the development of 2016 Gateway Circle. I have reviewed the site plans and I don't feel that they provide enough information about this project. The setbacks are not noted on the site plan and it appears that the lot is covered by building or parking lot, with the exception of a stormwater retention pond. There does not seem to be much green space or landscaping. Because I was not able to contact the owner before the packet was ready to go out on Friday, I will contact the owner on Monday. Hopefully, you will have more information regarding this project for your meeting on Tuesday. ~,,\ 'tre".' , .. . i ':' ','-""t 'i\;" '.. .' ,. "'. '.' .'..i....,~O" . "-II" .' .... ~.}.',. .,' TO: Chairperson Hanson and Commission Members FROM: Ms. Kim Moore-Sykes, City Administrator SUBJECT: Ordinance # 57, Sump Pump Ordinance DATE: March 28, 2003 Attached is a revision of the above-mentioned City Ordinance. These proposed revisions came again at the request of the Public Works Department. The Staff is in the process of installing new meter reading equipment and need to be able to have access to resident's homes in order to install the equipment. As to be expected gaining permission to have access to some homes has been difficult. The Public Works Department is asking the Planning and Zoning Commission and the City Council to make revisions to the sump pump ordinance that stipulates a fine if after four formal attempts to gain the homeowner's permission to access their home in order to install the new equipment. The reason that we are placing these revisions in the sump pump ordinance is because as a part of the City's sump pump ordinance there is language in place that requires the homeowner to allow staff access to residential property for the purpose of insuring that the homeowner's sump pump is instalJed correctly and that it is not discharging water into the sanitary sewer system. The revisions that are being requested for the installation of water metering equipment will be used also as a part of the City's ongoing sump pump inspection plan. I --- .4 ,-,.-- 1 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE 1#57 ~(i' Ibit:! AN ORDINANCE REQUIRING THE INSTALLATlOBN OF SUMP PUMPS AND REGULATING THE DISCHARGE OF SURFACE WATERS, DRAlNTlLE INSTALLATION, PROHIBITING DISCHARGES INTO THE SANITARY SEWER SYSTEM ON TO STREETS OR ADJOINING PROPERTIES AND PROVIDING PENALTIES FOR VIOLATIONS. THEREOF. The City Council of the City ofCenterville, Anoka County, Minnesota does ordain: Section I. SumD Pump Required. Subdivision I. Sump Pump Svstems Required. Sump pump systems shall be installed in new residential, commercial and industrial buildings, except in situations of on grade construction. Subdivision 2. Storm Water Discharge Prohibited. It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any storm water, surface water, ground water, roof run-off, pond overflow, well water or water from residential, industrial or commercial air conditioning systems to drain into the sanitary sewer system of the City. No rain spout, or other form of surface drainage and no foundation drainage or sump pump shall be connected or any substance other than sanitary sewage discharged into any sanitary sewer. Subdivision 3. Draintile System. A draintile, sump basket, pump, electrical receptacle and rigid pipe connection to the outside shall be required for any new residential buildings constructed within the City. The Building Official may determine the need for such installation when slab on grade construction occurs. The system shall be installed as follows: I. The building shall have a draintile placed around the inside perimeter of the foundation connected to a sump pit. The sump pit shall be located at least ten (10) feet away from any inside floor drain. 2. A discharge pipe shall be installed to the outside wall of the building with rigid pipe (plastic, copper, galvanized or black pipe) three-fourths inch inside diameter minimum with a union or other approved coupling for easy disconnection for repair or replacement. The discharge pipe shall have a hose bib or three-fourths inch hose connector at the outside of the building wall. 3. The electrical receptacle shall be located no greater than five (5) feet from Page 1 of4 Effective: 07/28193 City of Centerville Old #57 I the sump basket. 4. When the construction consists of hollow masonry units, weep hoses shall be inserted into every core of each block of the +" first course and placed into the gravel filled trench in such manner to protect the hoses from blockage when the concrete floor is poured. The provisions of this Section are not intended to prevent the use of any material or method of construction not specifically prescribed by this Section, provided any alternate has been approved and its use authorized by the Building Official. The Building Official may approve any such alternate, provided that the proposed design is satisfactory and complies with the provisions of this Section and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Section. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files of the Department of the Building Official. Subdivision 4. Existing Installations. When a draintile system is to be installed in an existing structure that had no system of surface water drainage when first constructed, the system shall be installed the same as for new construction. Section 2. Discharae of Surface Waters Prohibited. I. No person shall discharge or cause to be discharged any storm water, groundwater, roof, rutlfiOff, yard drainage, yard fountain, pond overflow or any substance other than sanitary sewage into the sanitary collection system. 2. Any person, firm or corporation having a roof, sump pump, swimming pool discharge, cistern overflow pipe or surface drain now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same prior to September 30, 1993. Any disconnects or openings in the sanitary sewer shall be closed or repaired in an effective, workmanlike manner as described in the next Section. 3. All sump pumps shall have a discharge pipe installed to the outside wall of the building with one (I) inch inside minimum diameter. The pipe attachment must be a permanent fitting such as PVC pipe with glued fittings. The discharge shall extend at least three (3) feet outside of the foundation wall and avoid creating water problems on adjoining property or 1! City street. 4. Every person owning improved real estate that clischarges into the C-ity-'s Page 2 of4 I Effective: 07/28/93 CityofCenlerville Ord. #57 sanitary sewer syGtem shall allow the City of Centerville employee(s) to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. Any person refusing to allow their property to be inspected shall immediately become subject to the surcharge hereinafter provided for. Any property found to violate this Section shall make the necessary changes to comply with this Section and such changes shall be verified by City ofCenterville employee(s). 5. A surcharge of($75.001 dollars per month is hereby imposed and shall be added to evff). se\-vcr billing mailed on and after January I, ] 994-te property owners who are not in compliance with this Section. The surcharge shall be added every month, until the property is in compliance. The imposition of such surcharge shall in no way limit the right of the City of Center to seek an injunction in District Court ordering the property owner to disconnect the non-conforming connection to the sanitary sewer system or from pursuing any other legal remedies available. 6. Upon verified compliance with this Section, the City reserves the right to inspect such property at least yearly to verify compliance herewith. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed by the City Council this 28th day of July, 1993. (Si~nature on File) Mayor, Bob Burgstahler ATTEST: (Siltnature on File) Clerk/Administrator, Tamara Mitz-Miller Published in the Circulating Pines on September 9, 1993 Page 3 of 4 , Effective: 07128193 City ofCentervi1le On!. #57 &:~1~ CITY OF CENTERVILLE SUMP PUMP INSPECTION Surcharge Applied Account #: Inspection Date: Name: By: Address: Telephone #: ACCOUNT TYPE FINDINGS _ Single Family _ Sump PitINo Pump _ Duplex _ Cistern Discharge _ Multiple _ No Sump Pit - Commercial _ Roof/Gutter Spouts in Basement Institutional _ Other (Specify) - Comments: In Compliance Non-CornpliancelRe-inspection Date: Page 4 of 4 - }1 'i",' ;<\ 'I"~, " tVi~llIO., ' TO: Chairperson Hanson and Commission Members FROM: Ms. Kim Moore-Sykes, City Administrator SUBJECT: Ordinance # 63, Water Conservation and Summertime Watering Ban DATE: March 28, 2003 Attached is a revision of the above-mentioned City Ordinance. These revisions come at the request of the Public Works staff because under the current Ordinance, everyone can water their lawns and gardens after 6:00 p.m. During hot, dry days, this practice puts an incredible strain on the City's water system and water supply. The Public Works Director has reported that at one point the City's water tower filled and refilled itself approximately ei2ht to ten times in one day! Staff feels that by regulating usage, water and water pressure will be there when the community needs it. Also, this revised watering ordinance will be helpful as the City moves forward with its City water improvements. The City Council continues to see looping the water system in Centerville as a very important project. Council and Staff are working to bring water to Peltier Preserve, a new housing development on what was formerly the Buckbee property, and the surrounding residents. The Council has ordered that the City Engineer do a water plan for the City, which will include plans for a new water tower. Controlling water use for watering makes sense from a conservation point of view and help to insure that the City has water as it continues with its various water system improvements. ,. . Effective: 4/23/97 City ofCenterville Ord. #63 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #63 AN ORDINANCE INITIATING AND IMPLEMENTING A LAWN AND GARDEN WATER USE PROGRAM TO CONTROL WATER USE DURING PERIODS OF PEAK USE AND WATER CONSERV A nON THEREBY CONSERVE WATER IN THE Ml. TTER OF THE COMPREHENSIVE "'.\TER SUPPLY PLAN PROJECT OF 1997. WHEREAS, the City ofCenteryille has recently reviewed and approved the Comprehensive Water Supply Plan; and WHERE-A.S, the City ofCel!terville has directed that the Comprehensive Water Supply plan Be submitted for re'/ieVl' BY the Minnesota Derartment ofNatmal Resources and Metropolitan Council; and WHEREf.S, a component of the Comprehensive Water Slipr1y Plan incllides a recommendation to restrict ',vater use to conserve water. The City Council of the City ofCenterville, Minnesota, does ordain: Lawn and garden watering is prohibited between the hours of 10:00 a.m. and 6:00 p.m. every year from May I through September I for all addresses on all days. This ordinance shall apply only to those residents and water sources connected to the Centerville water system. Use of private wells is exempt from this ordinance. Residents whose address ends in an even number may water their lawns and gardens before 10:00 a.m. and after 6:00 p.m. only on even numbered days, and residents whose address ends in an odd number may water their lawns and gardens before 10:00 a.m. and after 6:00 p.m. only on odd numbered days. An residents may water their IlWlHs and gardens on an)' day after 6:00 p.m. No person shall use or permit water to be used in violation of this sprinkling ban and any customer resident who does so shall be charged $50.00 for each day they are in efviolation of this ordinance and the charge shall be added to the customer's next water bill. Continued violation shall be cause for discontinuance of water service. which win result in a $25 I disconnection fee and will be charged to vour next water bill. If water services are desired after disconnection. a $25 re-connection fee will also be charged to vour next water bill. The City will provide notice to esidents using the attached water restriction notice. Should a violation occur, the Cit . I first issue a warning. as shown on the attached 1" ;vaming eR-amjlle.. ~ Adopted by the City Council this 23rd day of April, 1997 ~bfi"V (Signature on File) ^- ,.L! I L.~ (jJ)~ Thomas Wilharber, Mayor r Va- '-'{ Attest: Df D (Silmature on File) \ Ry-Chel Gaustad, City Clerk ~ GD1\ I Published in the Quad Community Press on May 20, 1997 Page 1 of3 . j Effective: 4/23/97 City ofCenterville Ord. #63 EX,<\l\1PLE ,8l' '~" R"llNC ...- ............ The City of Centerville has a sprialding ban in effeet every year beginning May I through September I as listed below. This ban only affects residents and water somces connected to the City water system. The ban is related to your house address. 1. There will be no watering in the City (on the CeftterAlle Water System), odd or e'.en addresses, between the hOHrs of 10:00 a.m. and e:()O p.m. 2. The odd/even rule applies to the hours befOre 10:00 a.m. and after 6:00 p.m. ,^.I1 pmflertyi~ with an address that ends with in an odd BUml1er may be sprinkled bef{)re 10:00 a.m and after 6:00 p.m. on odd numbered days (i.e. 1",0"', etc.) Prol'lerty~ with ftIHlddress that ends '.vith in an even number may be sprinkled before 10:00 a.m. on eyeR Ruml1erslli days (ie 2"'\-4tJ>,-et<+ 3. ,^.I1 residents may water their lawns aHd gardens on any day after 6:00 p.m. e ~~:rl:~~ ~~ :;::':~~:";:~ti: ;,~~S,~ ~~7~Z,';~~~ft~~t,~~~i~:; l~~ ;~ llii!Y 5..:1 There will be oHly one ',yritten wamiHg for violatof5 of the sprinkling restrictions. The second violation carries a penalty of $50 the first day and $50'each following day thereafter 6.i, The Center.ille 'N ater Department is to shut off water at the street following the third violation until such time as the property owner complies with the restrictions, ,\ $25~ eJ.f and $25 turn oHee will be added to the flenalties. THIS IS ,A. Wt~~ Please fDlIo'N this water restriction carefully. Water your la'Nn wisely. We want to be able to ser.e e'.eryone equally. Y OHr cooperation will be very much appreciate<h lfyou have any questions, please call the Centerville City Hall at (651) 129 3232. Thank you for your cooperation in this matter. Page 2 of3 L_ . I Effective: 4/23/97 City ofCenterviIle Ord. #63 EX.'l.MPLE W.A. TER RESTRICTION NOTICE Eff-ective ThHrsday, May], ] 997, HntH Monday, September], ] 997, the City of Centerville will have in effect a watering restriction for all residents 'Nho have '.vater sources e0nnected to the City Water Sy5tem. Use of private wells are exempt from this restriction. There 'Nill be NO W,\TERlNG in the City ofCenterville from 10:00 a.m. to 6:00 p.m. Residents whose address ends in an even number may water their lawns and gardens before ] 0:00 a.m. and after 6:00 p.m. only on even numbered days and residents whose address ends in an odd number may water their lawns and gardens before 10:00 a.m. and after 6:00 p.m. only on edd Ilumbered days. New lawn sed and/or la'NIl seed is EXEMPT fur a two (2) week peried from the time of installation. Watering shall IlOt happen between the hOHrs of 10:00 a.m. & 6:00 p,m. Violation of the ban constitutes a petty misdemeanor. .l,kxnil'1g is !he hes: lime M ',I'ate;' FlI3St !,p,I'}Il &"'i:~'C]S... and the e~1> f.;c:" /he !Ul1e:', 9 ~\s the SHIl rises so daes the mereury. ,ASter aeeut 19:119 a.m, heat .teals meiGtllr<l froRl j'ollr lawR thF()lIgH e';apembOR. WheR yell ,;ater EI\RL Y, yeR caR ...;aler LESS becllll,., mere ef lhe ':;Ilter is a"semea inte YBl" lawn, Y 011 sa, e time aoo meRCY 'A'heR ,00 v.'ater at daybrellk. Watering :ir.il"i:1g :In hest of :he :/~7.:" can actua.\~r harm .'-'fiNr !.1'1',"J. . "Scala" er ""um" dalRage OCCUFS "hen hot sHnlight hits ':.ater 6replets that ding to Ie.'wes. The ti~ aro"let, imitate pe {;emll. R.inialu", magnii'riRg glas""G. - At night, ceol, meist cenaitienG ereale ae iaeal eR'.'iHlfllRent fur lown dis.a,eG 10 de, elo", Cm,s "lades Y. Bterea in Ille _ming dry eff ljHiekly, makiag it harder fur a disease habitat te flourish. j):m 't dr,}z:z...'e. . f. light sprinlding is Il.e LE,'\ST EFFECTIVE m.fuea of wateri"g. \" fae\. it can anmag" YOHr la'.m. f, goea seaking gets to the "roel" of the preblem by eneOllmging deep, solid [[lot gre.....th. L....lns ',:itheHt 6eeP root grewth are--less a[[lugln resistaHt ana IRe.. preRe to winter lffih Water ONfY,IHCH yerir !\.1,111 f'iecd.~' ,;/. . YaM don't have ta irater an a set sehedule. Water oaly when Il.e grass or plams .hev; GignG ef n.eaiag it. To test \I hether or net ..~.._ 1~..,.~ ..__A_ n ___1_:.. _ _.'... .. Jv.... H"'" .........."";y.... >3VU.lUUen ''''''''y v" ....~ gmss, If it s"Rag, back HP, J eH aeR't neea te ...;aler. Ifit stays flat, it's lime to water agaiR. In the mentiag. TIle earlier the better.. fresh, clean drinking water is yours to liS" '.vheHe'ler YOH need it, but not to waste, it is too valuable Remember that a little eff-ort aAd eommOH sense will make a dig differenee. Page 3 of3 , .. . CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MARCH 4, 2003 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on March 4, 2003, at 6:30 p. m......... i'- ~_ ..,v,....... PRESENT: ~~: ~~:~er .i ,( fiJ}vg@V!)j ~;i~;;;~ ~@~ A[?J,r~ . .. ABSENT: John McLean lliN COUNCIL: Council Member Broussard Vickers STAFF: City Administrator, Ms. Moore-Sykes I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:35 p.m. II. OATH OF OFFICE I. Administer the Oath of Office - Ms. J ennefer Klennert Hunt Chair Hanson administered the Oath of Office to Ms. Klennert Hunt. 2. Administer the Oath of Office ~ Ms. Michelle Lakso Chair Hanson administered the Oath of Office to Ms. Lakso. III. PUBLIC HEARING(S) None. IV. APPEARANCES None. Pagelof5 , ,. , Planning & Zoning Commission Meeting Minutes March 4, 2003 v. OLD BUSINESS 1. Snowmobile Ordinance Chair Hanson indicated the Commission had asked for information from the snowmobile club as to whether membership from Centerville had increased as promised and asked whether that information was available. Ms. Moore-Sykes indicated that Staff would look into the matter with the Rice Creek Trail Association and Mr. Koppy. Commissioner Kilian requested that "in use and in operating condition" as well as under streets and highways adding "at any place while under the influence of intoxicating liquor or drugs". These items were to be added under restrictions. Ms. Moore-Sykes indicated she would like to remove the reference to specific state statutes and use "is permitted in conformance with state law" in the event that the state statute numbers change, the Ordinance does not have to be amended. Commissioner Klennert Hunt commented that the noise Ordinance was more restrictive than the snowmobile Ordinance with hours of operation. Council Liaison Broussard Vickers indicated the noise Ordinance addresses the level of noise not the machine making the noise. Discussion concerning the hours of operation ensued and the Commission agreed to leave the hours as is. Council Liaison Broussard Vickers noted the new state statute language needed to be inserted on Page 3 as well as the new snowmobile education requirements. Commissioner Klennert Hunt indicated that one of the sample ordinances referenced under penalties that it would be the responsibility of the owner of the machine. The Commission agreed to add and the "owner of the vehicle" under penalties. Council Liaison Broussard Vickers recommended adding the language from the Lino Lakes ordinance concerning careless, reckless or negligent driving behavior as well as defining direct crossing. Chair Hanson asked whether a public hearing would be required for the changes. Council Liaison Broussard Vickers indicated the City has, in the past, made a point of having public hearings for these types of ordinance changes but said the City is not required to hold a public hearing and she would prefer to list the matter on the agenda and have staff provide a synopsis of changes for anyone intereste<,i. Page 2 of5 Planning & Zoning Conunission Meeting Minutes March 4, 2003 V. NEW BUSINESS 1. Mr. Noo Vang - Night Club Mr. Noo Yang addressed the Commission and explained that he would like to convert the building he is considering purchasing to a nightclub for older Asian people. He then asked the Commission for assistance with the matter. Chair Hanson asked what the hours of operation would be. Mr. Vang indicated he would like to be open until 12:00 or 1:00 a.m. Council Liaison Broussard Vickers asked whether Mr. Yang had received information from Staff concerning the City's Code. She then indicated that the building does not meet the City's Ordinance requirements and, when the use changes, Mr. Yang would be required to bring the building into conformance with the Ordinance. Mr. Vang indicated he intended to remodel the inside of the building, section it off and carpet it. Ms. Moore-Sykes indicated the Ordinance requires that the inside walls be out of wood frame and the outside out of cement block. She also told Mr. Yang he would be required to sprinkle the building. Mr. Vang indicated he was aware of the sprinkler requirement. Council Liaison Broussard Vickers indicated that the Commission could not give permission in advance for the business in order to assist Mr. Vang with his purchase. She then said that, if the use is allowed and all Ordinance requirements met, the business would be allowed. Mr. Vang indicated he had come to the City to determine what would be required to make the building work. Council Liaison Broussard Vickers indicated that the biggest upgrade would be to the outside of the building to meet the concrete or masonry outside requirements. Commissioner DeVine indicated that the building would need to be modified and all other Ordinance requirements met and the use would be allowed. He also indicated that the parking lot would need to be paved. Mr. Vang asked if he would need to bring the building into compliance with the Ordinance if he assumed the operations rather than purchasing the building. Council Liaison Broussard Vickers indicated that the change in use is what triggers the requirement to bring the building into conformance with the Ordinance. Page 3 of5 Planning & Zoning Commission Meeting Minutes March 4, 2003 Mr. Yang indicated he would need to have a professional go along to discuss the remodeling of the building to meet City Ordinance. Ms. Moore-Sykes indicated the building inspector would be able to assist Mr. Yang with the City's requirements. Chair Hanson asked whether Rice Creek would need to be involved. Ms. Moore-Sykes indicated that Rice Creek, the State of Minnesota for the liquor license and Anoka County if food is being served would all need to be involved. Mr. Yang asked ifhe needed to have a paved parking lot. The Commission indicated that paving the parking is a City requirement. Council Liaison Broussard Vickers indicated Mr. Yang would need to get a permit and have his plans reviewed by the City Engineer and City Staff Commissioner Wilharber asked if Mr. Yang planned on serving food. Mr. Yang indicated he would be serving food. Commissioner Wilharber asked what the occupancy would be. Ms. Moore-Sykes indicated that occupancy would be governed by state fire codes. Mr. Vang asked if a new roof would be required. Council Liaison Broussard Vickers indicated that the City's Ordinance did not address that but recommended having an architect determine whether there would need to be any changes to the roof when the exterior walls are changed. Mr. Yang indicated he would like to remove two poles to allow for a larger dance floor. Commissioner Kilian recommended having an architect look into it to determine whether the poles can be moved. Commissioner Wilharber indicated Mr. Vang should consult with an engineer or architect to determine whether it would be feasible to put up the block walls. Council Liaison Broussard Vickers told Mr. Yang that the type of business is allowed but there are issues with upgrading the building to meet City codes. VII. DISCUSSION ITEMS Chair Hanson asked for an update on the mlm-storage matter. Ms. Moore-Sykes indicated that she, Mr. Hughback, the Mayor, Mr. Rehbein, and the City Attorney would be meeting later in the week to discuss the matter. Council Liaison Broussard Vickers asked if Mr. Carpenter was invited to the meeting. Ms. Moore-Sykes indicated that this discussion may not involve him as they would be Page 4 of 5 Planning & Zoning Commission Meeting Minutes March 4, 2003 discussing the delinquent accounts. She then indicated that Mr. V otel has been working as go between with Mr. Carpenter and Mr. Rehbein. Chair Hanson asked for an update on the dog kennel. Ms. Moore-Sykes indicated that Mr. Rehbein must install a street allowing access to the property and the owner of the dog kennel is aware of same. Commissioner Wilharber indicated he would prefer that the City's last liquor license be used for a very nice restaurant rather than a nightclub. Council Liaison Broussard Vickers indicated the City may have a tough time denying the nightclub if all requirements are met. Chair Hanson indicated he had spoken to Mr. Vang and told him that the building was nonconforming and would need to be brought into compliance. Commissioner Kilian indicated the owner of the building does not want to sell it and was surprised to see City Staff and Mr. Vang touring his facility. VIII. CONSIDERATION OF MINUTES I. February 4.2003. Planning and Zoning Meeting Minutes Commissioner Wilharber requested the following change: Correct the spelling of Koppe to Koppy. Motion bv Commissioner Wilharber, seconded bv Commissioner Kilian to approve the minutes of February 4, 2003, as amended. All in favor. Motion carried unanimonslv. Commissioners DeVine, Klennert Hunt, and Lakso abstained from voting on the Minutes as they were not present at the meeting. IX. ADJOURNMENT Motion bv Commissioner DeVine, seconded bv Commissioner Wilharber to adiourn the March 4, 2003 Plannin!! Commission meetin!! at 7:35 p.m. All in favor. Motion carried nnanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc Page50f5 j-' l~ ic ;'" ~' I I i r '.""""""" ':;:;", ',.~.'-" -'., -~': ' I , 1...........- 10" . I I ~ , j 'I J j I , '~ ,\ . i ,~ ~:,~ 1- STAFF REPORT CENTERVILLE CITY COUNCIL Date: March 12, 2003 To: Honorable Mayor and City Council Members Ms. Kim Moore-Sykes, City Administrator Park & Recreation Committee Planning & Zoning Committee / Economic Development Committee City Clerk Public Works Director From: Ellen Paulseth, Finance Director Re: Budget Reports ************************************************************************ The 2002 audit will be completed and presented to the council on March 26th. After the year-end adjustments are completed, you will receive a final budget report for the year 2002. Additionally, we will resume providing monthly budget reports for the current year beginning with the month of March. We do not prepare budget reports for the months of January and February because the reports are not accurate until the accounting entries have been completed. If you have any questions, please feel free to contact me. . . , Non-Point Pollution Discharge Elimination System (NPDES) - Phase II Prepared by Brian Hanson Introduction The NPDES rule goes into effect on March 10,2003. This rule establishes a cost- effective, flexible approach for reducing environmental harm by storm water discharges from many point sources of storm water that were currently unregulated. EP A believes that implementation of Best Management Practices (EMP) controls at small construction sites (construction sites that disturb one to five acres) will also result in a significant reduction in pollutant discharges and an improvement in surface water quality. The NPDES program is a program designed to track point sources and require the implementation ofthe controls necessary to minimize the discharge of pollutants. Today's rule, which is the second phase of the storm water program, expands the existing program to include discharges of storm water from smaller municipalities in urbanized areas and from construction sites that disturb between one and five acres ofland. Backl!round EP A believes that the water quality impact from small construction sites is as high as or higher than the impact from larger sites on a per acre basis, and nearly 61 percent ofthe construction sites that were 1 acre or larger were between 1.0 and 4.9 acres in size. A primary concern at most construction sites is the erosion and transport process related to fine sediment because rain splash, rills (i.e., a channel small enough to be removed by normal agricultural practices and typically less than I-foot deep), and sheetwash encourage the detachment and transport of this material to waterbodies. Uncontrolled storm water discharges from areas of urban development and construction activity negatively impact receiving waters by changing the physical, biological, and chemical composition ofthe water, resulting in an unhealthy environment for aquatic organisms, wildlife, and humans. Twenty-one states reported storm water runoff from construction sites as a major cause of beneficial use impairment. Over a short period of time, storm water runoff from construction site activity can contribute more pollutants, including sediment, to a receiving stream than had been deposited over several decades. During the largest storm event, it was estimated that 80 percent ofthe sediment in the stream originated from the construction sites. Therefore, small construction sites can cause or contribute to an exceedance of water quality standards by changing natural hydrologic patterns, accelerating stream flows, destroying aquatic habitat and elevating pollutant concentrations and loadings. Such runoff may contain or mobilize high levels of contaminants, such as sediment, suspended solids, nutrients (phosphorous and nitrogen), heavy metals and other toxic pollutants, pathogens, ~ , , toxins, oxygen-demanding substances (organic material), pesticides, petroleum derivatives, and floatables. Construction sites also can generate other pollutants associated with onsite wastes, such as sanitary wastes, construction chemicals, solid waste or concrete truck washout, when after a rain, storm water runoff carries these pollutants into nearby streams, rivers, lakes, estuaries, wetlands, and oceans. Estimates indicate that 80 percent ofthe phosphorus and 73 percent of the Kjeldahl nitrogen in streams is associated with eroded sediment. In watersheds experiencing intensive construction activity, the localized impacts of water quality may be severe because of high pollutant loads, primarily sediments. Siltation is the largest cause of impaired water quality in rivers and the third larges cause of impaired water quality in lakes. Construction site discharges were a source of pollution in: 6 percent of impaired rivers; II percent of impaired lakes, ponds, and reservoirs; and II percent of impaired estuaries. Rules EP A is applying NPDES permit requirements to construction sites below 5 acres that are similar to the existing requirements for 5 acres and above. The rule addresses all storm water discharges from construction site activities. The definition of "storm water discharges associated with small construction activity" includes discharges from construction activities, such as clearing, grading, and excavating activities, that result in the disturbance of equal to or greater than I acre and less than 5 acres. This also includes discharges from activities disturbing less than 1 acre if that construction activity is part of a "larger common plan of development or sale" with a planned disturbance of equal to or greater than I acre of land. A "larger common plan of development or sale" means a contiguous area where multiple separate and distinct construction activities are planned to occur at different times on different schedules under one plan. Such activities could include: road building; construction of residential houses, office buildings, or industrial buildings; or demolition activities. The NPDES permit also includes any other construction activity, regardless of size, designated based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to waters of the United States. In construction projects involving a larger common plan of development or sale ultimately disturbing 5 or more acres, operators of these sites are required to seek coverage under an NPDES permit regardless of the number oflots in the larger plan because designation for permit coverage is based on the total amount ofIand area to be disturbed under the common plan. Currently, when construction activity disturbing more than 5 acres occurs on an industrial site covered by the MSGP (Multi-Sector General Permit), authorization under a separate NPDES construction permit is needed because the MSGP does not include the "construction" industrial sector. The NPDES general permit for discharges from construction sites larger than 5 acres defined "commencement of construction" as the initial disturbance of soils associated with clearing, grading, or excavating activities or . other construction activities. For construction sites disturbing less than 5 acres, EP A does not consider construction activity to include routine maintenance performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. A NPDES permit, however, can only be required if a construction site has a point source discharge. A point source discharge means that pollutants are added to waters of the United States through a discernible, confided, discrete conveyance. "Sheet Flow" runoff from a small construction site would not result in a point source discharge unless and until it channelized. However, States are required to prepare and submit for EP A approval a statewide Nonpoint Source Management Program for controlling nonpoint source water pollution to navigable waters within the State and improving the quality of such waters. EP A is planning to standardize minimum requirements for construction and post- construction BMPs in a new rulemaking under Title III of the CW A. The permits require the preparation of storm water pollution prevention plans, but actual BMP selection and design is at the discretion of permittees, in conformance with applicable State and local requirements. Where there exists State and local requirements specific to BMPs, they vary widely, and many jurisdictions do not have such requirements. In developing these regulations, EP A intends to evaluate the inclusion of design and maintenance criteria as minimum requirements for a variety ofBMPs used for erosion and sediment control at construction sites, as well as for permanent BMPs used to manage post-construction storm water discharges. EP A currently recommends using general permits for all newly regulated storm water sources. However, permitting authorities may, of course, require individual permits in some cases to address specific concerns, including permit non-compliance. The operator of the construction site, as with any operator of a point source discharge, is responsible for obtaining coverage under a NPDES permit as required by l22.21(b). The operator must meet the following two criteria; (1) Operational control over the site specifications, including the ability to make modifications in the specifications; and (2) day-to-day operational control of those activities as the site necessary to ensure compliance with permit conditions. The operator must develop, implement, and enforce a program to reduce pollutants in any storm water runoff from construction activities that result in a land disturbance of greater than or equal to one acre or if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. The program must include, at a minimum; requirements for construction site operators to implement appropriate erosion and sediment control BMPS, such as silt fences, temporary detention ponds and diversions; procedures for site plan review by the small MS4 which incorporate consideration of potential water quality impacts; requirements to control other waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may adversely impact water quality, preferable before construction activity begins on a site. Small MS4s operators may choose to impose more prescriptive requirements than an NPDES permitting authority based on localized water quality needs. As a result of this provision, local requirements will, in effect, provide the substantive construction site erosion and sediment control requirements for the NPDES permit authorization. In areas where the local authority does not choose to participate, the State administers the sedimentation and erosion control requirements. The rule also gives NPDES permitting authorities discretion not to require the submittal of a notice of intent (NOl) for coverage under a NPDES general permit, thereby reducing administrative and financial burden. However, all construction sites disturbing an area greater than 5 acres must submit an NO!. Post-Construction storm water management in new development and redevelopment areas also must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment proj ects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The rule does allow for deviation from the default standard through additional designations and waivers, however, when supported by location-specific water quality information. The rule codifies the ability of permitting authorities to provide waivers for sites greater than or equal to one acre (the default standard) and designate additional discharges from small sites below one acre when location-specific information suggests that the default 1 acre standard is either unnecessary (waivers) or too limited ( designations) to protect water quality. Exemptions In today's rule, EP A is regulating storm water discharges from additional construction sites to better protect the Nation's waters, while remaining sensitive to a concern that the Agency should not regulate discharges from construction sites that might not or do not have adverse water quality impacts. These construction-related storm water sources are regulated under CWA section 402(P)(6) gives States and EPA the flexibility to waive the permit requirements for construction activity that is not likely to impair water quality, and to designate additional sources below one acre that are likely to cause water quality impairment. Storm water discharges from construction activity equal to or greater than I acre and less than 5 acres are automatically designated except in those circumstances where the operator certifies to the permitting authority that one of two specific waiver circumstances applies, while sites below one acre may be designated under 122.26(b)(l5)(ii) where necessary to protect water quality. The first waiver is based on "low predicted rainfall erosivity", which can be found using tables of rainfall-runoff erosivity (R) values published for each region in the U.S., and is time-sensitive and dependent on when during the year a construction activity takes place, how long it lasts, and the expected rainfall and intensity during that time. This waiver is most applicable to projects of short duration and to the arid regions of the country where the occurrences ofrainfall follows a cyclic pattern. The R factor varies based on the time during the year when construction activity occurs, where in the country it occurs, and how long the construction activity lasts. Application of this waiver is at the discretion of the permitting authority, subject only to the limitation that R factors cannot exceed 5. The second waiver is based on a consideration of ambient water quality. The waiver is available based on either an EPA-approved "total maximum daily load" (TMDL) under section 303(d) of the CWA that addresses the pollutant(s) of concern or, for sites discharging to non-impaired waters that do not require TMDLs, an equivalent analysis that has either determined allocations for small construction sites for the pollutant(s) of concern or determined that such allocations are not needed to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. In order for discharges from construction sites under five acres to qualify for the water quality waiver oftoday's rule, the construction site operator must demonstrate that storm water controls are not necessary for sediment or a parameter that addresses sediment and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. This waiver provision requires a TMDL or equivalent analysis for a pollutant other than gross particles only if the receiving water is currently impaired for that pollutant. Conclusion State and local requirements should be read and understood due to local and State authorities enforcing these programs. Noncompliance with the referenced local requirements will be considered noncompliance with the NPDES permit. NPDES permits are federally enforceable. Violators may be subject to the enforcement actions and penalties described in CW A sections 309, 504, and 505 or under similar water pollution enforcement provisions of State, tribal or local law.