To promote the health, safety and general welfare of the citizens of the city by requiring stormwater management practices.

This section is adopted pursuant to M.S.A. § 462.351.

The city hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands, natural habitat areas, are subject to soil erosion and areas containing restrictive soils adversely affects the public health, safety and general welfare by impacting water quality and contributing to other environmental problems, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the city to provide adequate water, sewage, flood control and other community services. In addition, extraordinary public expenditures may be required for the protection of persons and property in such areas which may be affected by unplanned land usage.

The purpose of this section is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land disturbing or development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land disturbing or development activities proposed for such areas, thereby achieving a balance between urban growth and development and protection of water quality and natural areas.

A.

Applicability. Every applicant for a building permit, subdivision approval, or a permit to allow land disturbing activities must submit a stormwater pollution prevention plan to the zoning administrator. No building permit, subdivision approval, or permit to allow land disturbing activities shall be issued until approval of the SWPPP or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this Ordinance. The provisions of section 50-131 of this Ordinance apply to all land, public or private.

B.

Exemptions. The provisions of this Ordinance do not apply to:

1.

Any part of a subdivision if a plat for the subdivision has been approved by the city council on or before the effective date of this Ordinance;

2.

Any land disturbing activity for which plans have been approved by the Carver County Watershed Management Organization or the Lower Minnesota River Watershed District within six months prior to the effective date of this Ordinance;

3.

A zoning lot for which a building permit has been approved on or before the effective date of this Ordinance;

4.

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; or

5.

Emergency work to protect life, limb or property;

6.

Individual zoning lots in a subdivision which are approved after the effective date of the Ordinance.

C.

Waiver. The city council, upon recommendation of the planning commission, may waive any requirement of this Ordinance upon making a finding that compliance with the requirement will not adversely affect the standards and requirements set forth in section 50-136. The city council may require as a condition of the waiver such dedication or construction, or agreement to dedicate or construct as may be necessary to adequately meet said standards and requirements. The waiver shall become void one year after being granted, unless used. If any of the waiver's conditions are violated, the city may revoke the waiver.

A.

Application. A written application for SWPPP approval, along with the proposed SWPPP, shall be filed with the zoning administrator and shall include a statement indicating the grounds upon which the approval is requested, that the proposed use permitted by right or as an exception in the underlying zoning district, and adequate evidence showing that the proposed use will conform to the standards set forth in this Ordinance. Prior to applying for approval of a SWPPP, an applicant may have the SWPPPs reviewed by the appropriate departments of the city.

Two sets of clearly legible blue or black lined copies of drawings and required information shall be submitted to the zoning administrator and shall be accompanied by an application and cost reimbursement agreement as required in the Carver City Code. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. At a minimum, the scale shall be one inch equals 100 feet.

B.

Stormwater pollution prevention plan. The stormwater pollution prevention plan shall comply with the standards established by the Minnesota Pollution Control Agency's NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit), the MPCA's Small Municipal Separate Storm Sewer Systems General Permit MNR040000 (MS4 Permit), the Carver County Water Management Organization rules, the Lower Minnesota River Watershed District rules, and the city's surface water management plan requirements, each to the extent applicable and as they may be amended from time to time. In addition, the SWPPP shall contain the following information:

1.

Existing site map. A map of existing site conditions showing the site and immediately adjacent areas, including:

a.

The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets;

b.

Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving such information as the names and numbers of adjoining roads, railroads, utilities, subdivision, towns and districts or other landmarks;

c.

Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet;

d.

A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers;

e.

Location and dimensions of existing stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate stormwater is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where stormwater collects;

f.

A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the Developer to render the soils suitable;

g.

Vegetative cover and clearly delineating any vegetation proposed for removal; and

h.

100-year floodplain, flood fringes and floodways.

2.

Site construction plan. A site construction plan including;

a.

Project description: The nature and purpose of the land disturbing activity and the amount of grading, utilities, and structure construction involved;

b.

Locations and dimensions of all proposed land disturbing activities;

c.

Locations and dimensions of all temporary soil or dirt stockpiles;

d.

Locations and dimensions of all construction site erosion and sediment control measures necessary to meet the requirements of this Ordinance;

e.

Schedule of anticipated starting and completion date of each land disturbing activity including the installation of construction site erosion and sediment control measures needed to meet the requirements of this Ordinance; and

f.

A plan for the maintenance and inspection of the construction site erosion and sediment control measures during construction.

g.

Designate the site's areas that have the potential for serious erosion problems.

3.

Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes and how the site will be stabilized after construction is completed including;

a.

Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features;

b.

A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials which will be added to the site as part of the development;

c.

A drainage plan of the developed site delineating drainage areas, drainage directions, and stormwater collection areas;

d.

The proposed size, alignments and intended use of any structures to be erected on the site;

e.

A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used; and

f.

Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project.

(Ord. No. 11-2023, § 1, 10-16-2023)

A.

Process. SWPPPs meeting the requirements of section 50-136 shall be submitted by the zoning administrator to the planning commission for review in accordance with the standards of section 50-138. The commission shall recommend approval, recommend approval with conditions or recommend denial of the SWPPP. Following planning commission action, the SWPPP shall be submitted to the city council at its next available meeting. City council action on the SWPPP must be accomplished within 120 days following the date the application for approval is filed with the zoning administrator.

B.

Duration. Approval of a plan submitted under the provisions of this Ordinance shall expire one year after the date of approval unless construction has commenced in accordance with the plan. However, if prior to the expiration of the approval, the applicant makes a written request to the zoning administrator for an extension of time to commence construction setting forth the reason for the requested extension, the planning department may grant one extension of not greater than one single year. Receipt of any request for an extension shall be acknowledged by the zoning administrator within 15 days. The zoning administrator shall make a decision on the extension within 30 days of receipt. Any plan may be revised in the same manner as originally approved.

C.

Condition. A SWPPP may be approved subject to compliance with conditions reasonable and necessary to insure that the requirements contained in the ordinance are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require replacement of vegetation, establish required monitoring procedures, stage the work over time, require alteration of the site design to insure buffering, and require the conveyance to the city other public entity of certain lands or interests therein.

D.

Performance bond. Prior to approval of any SWPPP, the applicant shall submit an agreement to construct such required physical improvements, to dedicated property or easements, or to comply with such conditions as may have been agreed to. Such agreement shall be accompanied by a bond to cover the amount of the established cost of complying with the agreement. The agreement and bond shall guarantee completion and compliance with conditions within a specific time, which time may be extended in accordance with section 50-137 B.

The adequacy, conditions and acceptability of any agreement and bond shall be determined by the city council or any official of the city as may be designated by resolution of the city council.

E.

Repealed 12-6-04.

A.

No SWPPP which fails to meet the standards contained in this section shall be approved by the city council.

B.

The stormwater pollution prevention plan shall comply with the standards established by the Minnesota Pollution Control Agency's NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit), the MPCA's Small Municipal Separate Storm Sewer Systems General Permit MNR040000 (MS4 Permit), the Carver County Water Management Organization rules, the Lower Minnesota River Watershed District rules, and the city's surface water management plan requirements, each to the extent applicable and as they may be amended from time to time.

C.

Contractor/owner inspections and maintenance. The contractor or owner shall be responsible for inspections and maintenance on site.

1.

Site inspections and records of rainfall events, and BMP maintenance shall comply with the requirements of the NPDES Construction General Permit (MNR100001), as it may be amended from time to time.

D.

Stormwater management criteria for permanent facilities.

1.

The city's adopted surface water management plan is hereby incorporated into this section and made a part hereof by reference for purposes of establishing design criteria for permanent stormwater management facilities.

E.

Design standards. Stormwater BMPs constructed in the city shall be designed in accordance with the standards established by the Minnesota Pollution Control Agency's NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit), the MPCA's Small Municipal Separate Storm Sewer Systems General Permit MNR040000 (MS4 Permit), the Carver County Water Management Organization rules, the Lower Minnesota River Watershed District rules, and the city's surface water management plan requirements, each to the extent applicable and as they may be amended from time to time, and according to the most current versions of the MPCAs "Protecting Water Quality in Urban Areas" and "Minnesota Stormwater Manual".

F.

Wetlands. Wetland management shall be in conformance with the wetland management standards in the city's adopted surface water management plan.

G.

Steep slopes. No land disturbing or development activities shall be allowed on slopes of 18 percent or more.

H.

Drain leaders. All newly constructed and reconstructed structures will route drain leaders to pervious areas wherein the runoff can be allowed to infiltrate. The flow rate of water existing the leaders shall be controlled so no erosion occurs in the pervious areas.

I.

Inspection and maintenance. All stormwater management facilities shall be designed to minimize the need of maintenance, to provide access for maintenance purposes and to be structurally sound. All stormwater management facilities shall have a plan of operation and maintenance that assures continued effective removal of pollutants carried in stormwater runoff. The public services director, or designated representative, shall inspect all stormwater management facilities during construction, during the first year of operation, and according to the maintenance frequencies as required by the city's MS4 permit thereafter. It shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the stormwater management facilities for inspection and maintenance purposes.

J.

Models/methodologies/computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of stormwater management structures shall be approved by the public services director. Plans, specifications and computations for stormwater management facilities submitted for review shall be sealed and signed by a registered professional engineer.

K.

Watershed management plans. SWPPPs shall be consistent with the adopted watershed management plan for the jurisdictional watershed management organization prepared in accordance with M.S.A. §§ 103B.231 and 103B.255, and as approved by the Minnesota Board of Water and Soil Resources in accordance with state law.

L.

Easements. If a SWPPP involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water.

M.

Fences, hedges and retaining walls. No fence, hedge or retaining wall may be constructed or located within the drainage and utility easement of a stormwater drainage pond unless such improvement is approved, in writing, by the building official. No such approval shall be granted for an improvement defined herein within the drainage and utility easement of a stormwater drainage pond to the extent it is constructed within five feet of either side yard property line. The property owner seeking to construct the improvement regulated herein must provide a sketch plan to the city building official for review.

(Ord. No. 11-2023, § 2, 10-16-2023)

A.

Use of impervious surfaces. No person shall apply fertilizer to or deposit grass clippings, leaves or other vegetative materials on impervious surfaces, or within stormwater drainage systems, natural drainage ways, or within wetland buffer areas.

B.

Unimproved land areas. Except for driveways, sidewalks, patios, areas occupied by structures or areas which have been improved by landscaping, all areas shall be covered by plans or vegetative growth.

C.

Fertilizer content. Except for the first growing season for newly established turf areas, no person shall apply liquid fertilizer which contains more than one-half percent by weight of phosphorus, or granular fertilizer which contains more than three percent by weight of phosphorus, unless the single application is less than or equal to one-tenth pound of phosphorus per 1,000 square feet. Annual application amount shall not exceed one-half pound of phosphorus per 1,000 square feet of lawn area.

D.

Buffer zone. Fertilizer applications shall not be made within one rod (16.5 feet) of wetland or water resource. (This distance is consistent with the draft rules developed by the Board of Water and Soil Resources under the Wetland Conservation Act of 1991.)

A.

The applicant shall provide security to the city for the performance of the work described and delineated on the approved SWPPP and related remedial work in an amount of $3,000.00 per gross acre ($6,000.00 for work done special water of sensitive site, as determined by the city) or $1,000.00 for each single or twin family home, whichever is greater. This amount shall apply to the maximum acreage of soil that will be simultaneously exposed during the project's construction. The form of the securities shall be one or a combination of the following to be determined by the city.

1.

Cash deposit. The first $3,000 of the financial security for erosion control shall be by cash deposit to the city.

2.

Security deposit. Deposit, either with the city or a responsible escrow agent reasonably acceptable to the city, either:

a.

An irrevocable letter of credit acceptable to the city attorney; or

b.

Cash in U.S. currency.

B.

Maintaining the financial security. If at any time during the course of the work this amount of security falls below 50 percent of the required security deposit, the developer shall make another deposit in the amount necessary to restore the cash deposit to the required amount. If the developer does not bring the financial security back up to the required amount within seven days after notification by the city that the amount has fallen below 50 percent of the required amount the city may:

1.

Withhold inspections. Withhold the scheduling of inspections and/or the issuance of a certificate of occupancy.

2.

Revocation of permits. Revoke any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction.

C.

Proportional reduction of the financial security. When more than one-third of the applicants maximum exposed soil area achieves final stabilization, the city can reduce the total required amount of the financial security by one-third. When more than two-thirds the applicant's maximum exposed soil area achieves final stabilization, the city can reduce the total amount of the financial security to two-thirds of the initial amount. This reduction in financial security will be determined by city staff.

D.

Action against the financial security. The city may access financial security for remediation actions of any of the conditions listed below exist. The city shall use the security to finance remedial work undertaken by the city, or a private contractor under contract to the city, and to reimburse the city for all direct cost incurred in the process of remedial work including, but not limited to, staff time and attorney's fees.

1.

Abandonment. The developer ceases land disturbing activities and/or filling and abandons the work site prior to completion of the grading plan.

2.

Failure to implement the SWPPP. The developer fails to conform to the SWPPP as approved by the city.

3.

Failure to perform. The techniques utilized under the SWPPP fail within one year of installation.

4.

Failure to reimburse city. The developer fails to reimburse the city for corrective action taken.

E.

Emergency action. If circumstances exist such that noncompliance with this Ordinance poses an immediate danger to the public health, safety and welfare, as determined by the city, the city may take emergency preventative action. The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the community may be recovered from the applicant's financial security.

F.

Returning the financial security. Any unspent amount of the financial security deposited with the city for faithful performance of the SWPPP and any SWPPP related remedial work shall be released upon written request of the applicant one full year after the completion of the installation of all such measures and the establishment of final stabilization.

The city shall notify the developer, when the city is going to act on the financial securities part of this Ordinance.

A.

Notification by the city. The initial contact will be to a party listed on the application and/or the SWPPP. Forty-eight hours after notification by the city or 72 hours after the failure of the erosion control measures, whichever is less the city, at its discretion, may begin corrective work. Such notification should be in writing, but if it is verbal, a written notification should follow as quickly as practical.

B.

Erosion off-site. If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within 48 hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the city, shall more than seven calendar days go by without corrective action being taken. If in the discretion of the city, the applicant does not repair the damage caused by the erosion, the city may do remedial work required and charge the cost to the applicant.

C.

Erosion into streets, wetlands or water bodies. If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, prevention strategies, cleanup and repair must be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during cleanup operations.

D.

Failure to do corrective work. When an applicant fails to conform to any provision of this policy within the time stipulated, the city may take the following actions:

1.

Issue a stop work order, withhold the scheduling of inspections, and/or the issuance of a certificate of occupancy.

2.

Revoke any permit issued by the city to the applicant for the site in question or any other of the applicant's sites within the city's jurisdiction.

3.

Direct the correction of the deficiency by city forces or by a separate contract. The issuance of a permit constitutes a right-of-entry for the city or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control.

4.

All costs incurred by the city in correcting stormwater pollution control deficiencies must be reimbursed by the applicant. If payment is not made within 30 days after costs are incurred by the city, payment will be made from the applicant's financial securities as described in section 50-140.

5.

If there is an insufficient financial amount, in the applicant's financial securities as described in section 50-140, to cover the costs incurred by the city, then the city may assess the remaining amount against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S.A. § 429.081 to challenge the amount or validity of assessment.

The city shall be responsible for enforcing this Ordinance.

A.

Penalties. Any person failing to comply with or violating any of these regulations, shall be deemed guilty of a misdemeanor and subject to a fine or imprisonment or both. All land use and building permits must be suspended until the developer has corrected the violation. Each day that a separate violation exists constitute a separate offense.

A.

Powers. The applicant shall allow the city and their authorized representatives, upon presentation of credentials to:

1.

Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, surveys or investigations.

2.

Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations.

3.

Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site.

4.

Inspect the SWPPP control measures required by the city.

5.

Sample and monitor any items or activities pertaining to permits issued by the city.

In the event of any conflict between the provisions of an erosion control or shoreland protection ordinance adopted by the city council, the more restrictive standard prevails.

The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application.