Eden Prairie City Zoning Code

SECTION 11

55 - LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT REGULATIONS.

(Source: Ordinance No. 28-2016, 11-24-2016; Ordinance No. 7-2015, 6-25-2015; Ordinance No. 2-2006, 2-16-2006)

Subd. 1. Declaration of Policy and Purpose.

Land Alterations are inherently accompanied by noise and dust, may create hazardous conditions and may result in lasting disfigurement of the places where they are carried on and thus may affect existing land uses in nearby areas, discourage further permanent development of the surrounding properties, impair adequate planning or municipal development, and diminish public health, safety, and general welfare. It is, therefore, desirable to regulate Land Alterations in the City.

Tree removal, damage, and destruction tends to endanger the natural character of the land from which the trees have been removed and surrounding lands, and to diminish and impair the public health, safety and general welfare. The Council desires to protect the integrity of the natural environment and finds that trees do so by providing for better air quality, scenic beauty, protection against wind and water erosion, and natural insulation for energy preservation. Further, the Council finds that trees protect privacy and provide enhancement of property values. It is, therefore, the further purpose of this section to provide regulations relating to the cutting, removal or killing of trees, with the consequent damage and destruction of the wooded and forested areas of the City, to promote the orderly development of such areas and thereby minimize public and private losses; to insure maintenance of the natural vegetation and topography; to encourage protection and preservation of the natural environment and beauty of the City; to encourage a resourceful and prudent approach to urban development of wooded areas which provides for minimal tree loss and mitigation of tree removal resulting from development; to provide an objective method to evaluate a development's impact on trees and wooded areas and identify whether and how the impact may be reduced; to provide incentive for creative land use and good site design which preserves trees while allowing development in wooded areas with mitigation of tree removal and destruction; and to provide for enforcement and administration thereby promoting and protecting the public health, safety and welfare.

The Council seeks to promote, preserve and enhance the natural resources within the City and protect them from adverse effects of stormwater runoff by providing site design standards that minimize stormwater runoff to meet the requirements of appropriate regulatory agencies.

Subd. 2. Definitions. For the purposes of this section, the following terms, phrases, and words shall have the meanings stated below.

Applicant means a person submitting an application for a Permit.

Best Management Practices or BMPs (defined under Minnesota Rules 4001.1020, subp. 5) are practices to prevent or reduce the pollution of the waters of the state, including schedules of activities, prohibitions of practices, and other management practices, and also includes treatment requirements, operation procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. BMPs are effective and practicable means of controlling, preventing, and minimizing degradation of surface water from Stormwater runoff.

Building Permit is a Permit issued pursuant to Minnesota Statutes Chapter 326, the State Building Code.

Caliper Inches means the length, in inches, of a straight line measured through the Tree Trunk of a certified nursery raised tree at twelve (12) inches above the ground.

Canopy of a Tree means the horizontal extension of a tree's branches in all directions from the Tree Trunk.

Certified Contractor means an individual who has received training and is licensed by the State of Minnesota to inspect and maintain erosion control practices.

Construction Activity means a disturbance to the land that results in a change to the topography or existing soil cover (both vegetative and non-vegetative) that may result in accelerated stormwater runoff. Examples of Construction Activity may include clearing, grading, filling and excavation.

Control Measure means the practice or combination of practices to control Erosion, Sedimentation and Pollution.

Detention Basin is a natural or man-made structure, facility or basin for the temporary storage of Stormwater to allow settling of Pollutants while delaying Discharge of water so that water slowly empties from the area, including but not limited to, wetlands, dry ponds, Vegetated Swales, Infiltration trenches and Infiltration basins.

Development Plan means a contiguous area that includes a common plan of development or sale where multiple separate and distinct land disturbing activities, including New Development or Redevelopment, may be taking place at different times, or different schedules, but under one (1) proposed plan. One (1) Development Plan is broadly defined to include design, Permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur.

Diameter, wherever this term is used in reference to the measurement of a tree it shall mean a Tree Trunk as measured four and one-half (4½) feet above the ground.

Discharge means the conveyance, channeling, runoff, or drainage of Stormwater or any substance which enters a Stormwater Facility.

DNR Catchment Area means the Hydrologic Unit 08 drainage areas that drain to a river, stream or lake as delineated and digitized by the Minnesota Department of Natural Resources (DNR) Watershed Delineation Project. The mapping information for the DNR Catchment Areas is available at the DNR Data Deli web site (deli.dnr.state.mn.us).

Drip Line of a Tree means an imaginary vertical line which extends from the outermost branches of the Canopy of a Tree to the ground.

Erosion means any process that wears away the surface of the land by the action of water, wind, ice or gravity.

Erosion Control Systems methods, measures or systems employed to prevent soil Erosion.

Filtration means the process by which Pollutants are removed through filtering and settling of stormwater runoff, biological and microbiological uptake, and/or soil adsorption. Filtering practices include media filters (surface, underground, perimeter), vegetative filters (filter strips, grass channels), and combination media/vegetative filters (dry swales).

Final Stabilization means all Land Alteration has been completed and a uniform perennial vegetative cover with a density of seventy (70) percent of the cover for unpaved areas and areas not covered by permanent structures has been established on the land or equivalent permanent cover or stabilization measures have been employed as approved by the City. Sowing grass seed or an annual cover crop is not considered Final Stabilization.

Green Infrastructure means a wide array of practices at multiple scales that manage wet weather and maintains or restores natural hydrology by infiltrating, evapotranspiring, or harvesting and using stormwater. On a regional scale, green infrastructure is the preservation or restoration of natural landscape features, such as forests, floodplains and wetlands, coupled with policies such as infill and redevelopment that reduce overall imperviousness in a watershed. On a local scale, green infrastructure consists of site and neighborhood-specific practices, such as bioretention, trees, green roofs, permeable pavements and cisterns.

Heritage Tree means any living deciduous tree (except cottonwood, elm, willow, box elder and aspen) measuring thirty-two (32) inches in Diameter or greater, or a living coniferous tree measuring twenty-four (24) inches in Diameter or greater.

(Source: Ordinance No. 28-2016, 11-24-2016)

Impervious Surface means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to installation of the hard surface. Examples include rooftops, sidewalks, patios, driveways, parking lots, and concrete, asphalt, or gravel roads.

(Source: Ordinance No. 18-2022, 9-29-2022)

Infiltration is the capture and temporary storage of water to allow passage or movement of the water into the soil through the use of techniques such as Infiltration basins, Infiltration trenches, rainwater gardens, underground Infiltration systems, or natural or enhanced swales.

Land shall mean and include an entire Lot (as defined in Section 11.02 of the City Code) on or within the boundaries of which Land Alteration has occurred, or is to occur.

Land Alteration means any land disturbing activity, including: excavating, grading, digging, cutting, scraping, clearing; removal of trees, filling or other change or movement of earth which may result in diversion of a man-made or natural water course or Erosion of Sediments.

Land Alteration Permit means a Permit to allow Land Alteration. This would include Grading and Filling Permit referenced in Section 11.50 Subdivision 11.

Maximum Extent Practicable or MEP means the statutory standard (33 U.S.C. 1342(p)(3)(B)(iii)) that establishes the level of Pollutant reductions that the Permittee must achieve. Determination of the appropriate BMPs required to satisfy the Land Alteration Permit requirements to the MEP will be completed by the City Engineer.

New Development means all Construction Activity that is not defined as Redevelopment.

NPDES means the National Pollutant Discharge Elimination System as established pursuant to 33 USC § 1342 (b) to regulate Discharges of Pollutants to waters of the United States.

NPDES Permit means a NPDES stormwater discharge permit that is issued by the Minnesota Pollution Control Agency (MPCA) to regulate Discharges of Pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.

Owner means any person having a sufficient proprietary interest in the land for which a permit is or may be issued under this section.

Permit means a Land Alteration Permit or a Building Permit.

Permittee means the holder of a Permit pursuant to this section.

Pollutant means: (i) toxic or hazardous substances, wastes, or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §9601-9657, as amended); (ii) substances that would require a permit for their Discharge into any water source or system or the air under the Federal Water Pollution Control Act, 33 U.S. C. §1251 et Seq., or the Clean Air Act, 42 U.S.C. §7401 et Seq.; (iii) hazardous substances, Pollutants or contaminates defined in Minnesota Statutes Chapter 115B; (iv) litter, yard waste, garbage, liquid and solid wastes, fertilizers, pesticides, herbicides, paints, solvents, automotive fluids, wastes and residues that result from constructing a building or structure, and (iv) any other similar state law or ordinance. A Pollutant of Concern is a Pollutant specifically identified in a USEPA-approved Total Maximum Daily Load (TMDL) report as causing a water quality impairment.

Redevelopment means any Construction Activity where, prior to start of construction, the areas to be disturbed have fifteen (15%) or more of impervious surface(s).

Retention Basin means a retention basin is a temporary or permanent natural or man-made structure, facility or basin that provides for storage of Stormwater where water is allowed to empty through evapotranspiration, Infiltration, Filtration or evaporation, including but not limited to wet, dry or National Urban Runoff Program (NURP) ponds.

Root Zone means the area under a tree which is at and within the Drip Line of a Canopy of a Tree.

Saturated Soil means the highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. Saturated soil is evidenced by the presence of redoximorphic features or other information.

Sediment means the product of an Erosion process, including solid matter both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, gravity or ice and has come to rest on the earth's surface either above or below the normal water level.

Sedimentation means the process or action of depositing Sediment.

Significant Tree means any living deciduous tree (except elm, willow, box elder and aspen) measuring at least twelve (12) and less than thirty-two (32) inches in Diameter, or a living coniferous tree measuring at least eight (8) and less than twenty-four (24) inches in Diameter.

(Source: Ordinance No. 28-2016, 11-24-2016)

Site means the area of Land within which Land Alteration occurs or is to occur.

Stormwater means any form of natural precipitation which causes water to runoff or flow from one (1) place to another and includes Stormwater runoff, snow melt runoff, and surface runoff and drainage.

Stormwater Facility means a stationary and permanent Stormwater BMP designed, constructed and operated to prevent or reduce the Discharge of Pollutants in Stormwater as well as structures built to collect, convey, or store Stormwater, including but not limited to, inlets, pipes, storm drains, pumping facilities, Retention Basins, Detention Basins, drainage channels, reservoirs, and other drainage structures.

Stormwater Management means the use of structural or non-structural practices that are designed to reduce the movement of Stormwater, including Stormwater Discharge volumes, and peak flow Discharge rates.

Stormwater Pollution Prevention Plan (SWPPP) means a plan described in Subdivision 8.E of this section. A SWPPP also refers to that SWPPP required by the MPCA under the NPDES Permit program to manage and reduce the Discharge of Pollutants in Stormwater.

Tree Trunk means the stem portion of a tree from the ground to the first branch thereof.

Vegetated Swales means a vegetated earthen channel that conveys Stormwater while treating the Stormwater with biofiltration. Such swales may be designed to pretreat surface runoff by removing Pollutants through Filtration and Infiltration.

WMZ (Wellhead Management Zone) is the area within a 50-foot radius from any municipal well.

Subd. 3. Permit Requirements and Exemptions.

Permit Required. Except as hereafter provided, it is unlawful for any person to use Land for, or to engage directly or indirectly in, Land Alteration unless such person shall first have applied to and obtained from the City, in the manner hereinafter provided, a Permit authorizing the same.

Single Family Dwelling. At a minimum, a person engaging in Land Alteration in connection with construction of a Single Family Dwelling must obtain a Building Permit from the City. In addition, a Land Alteration Permit may be required if the City Engineer or his/her designee determines that site conditions require a Permit or if a Land Alteration Permit is required in other Sections of the City Code. The Permittee who conducts Land Alterations pursuant to a Building Permit shall be required to comply with Subdivisions 5, and 7 of this section. Failure to comply with Subdivisions 5 and 7 of this section if applicable, will subject the Permittee to the provisions of Subdivision 7.J of this section. The application for the Building Permit shall include a Certificate of Survey, including a map of the Erosion Control Measures which will be provided, and must be pre-approved in writing by the City. Single Family Dwelling construction includes construction of a single family dwelling, garage, pool, addition, driveway or deck.

(Source: Ordinance No. 28-2016, 11-24-2016)

General Exemptions. The following Land Alterations are exempt from the requirements for a Permit:

Any Land Alteration occurring pursuant to a Land Alteration or Building Permit which was approved by the City prior to April 21, 2015 and which has not expired.

Movement of less than one hundred (100) cubic yards of earth.

For all lots except residential lots, the cutting, removal or killing of less than ten percent (10%) of the Significant Trees on any Land within a period of five (5) years. For residential lots, the cutting, removal or killing of less than ten percent (10%) of the Significant Trees or one (1) Significant Tree, whichever is greater, on any land within a period of five (5) years.

Any destruction or disruption of vegetation covering an area equal to or less than ten percent (10%) of any Land.

Installation of a fence, sign, telephone or electric poles and other posts or poles which result in less than one thousand (1,000) square feet of exposed soil.

Home gardens, turf or an individual's home landscaping, installation, repairs and/or maintenance work.

Retaining walls less than four (4) feet in height and twenty-five (25) feet in length that are constructed in a manner which does not change the existing Stormwater Drainage. This would include a single or tiered retaining wall system.

Existing agricultural, horticultural or silvicultural operations.

Opening and closing graves.

10.

Emergency work to prevent or alleviate immediate dangers to life, limb, property or natural resources. In such an event, if a Permit had been required but for the emergency, the obligations of this section shall apply and shall be performed at the earliest reasonable time thereafter.

11.

Excavations for tunnels, wells, utilities, trails, sidewalks, roads or other public work projects which are undertaken by the City, unless the disturbance meets the criteria established in Subdivision 6 of this section.

Other Requirements. Neither this section nor any administrative decision made under it exempts a person from other requirements of this Code, from procuring permits required by other agencies (including but not limited to the Watershed District, Hennepin County, Minnesota Pollution Control Agency (MPCA), the Minnesota Department of Natural Resources (DNR) or the U.S. Army Corps of Engineers (USACE) or from complying with the requirements and conditions of such permits. A copy of any permits related to Wetlands, Land Alteration or Stormwater received from another federal, state or local authority must be provided to the City Engineer prior to issuance of a Permit from the City.

Subd. 4. Tree Replacement Plan Requirements.

Application.

(Source: Ordinance No. 28-2016, 11-24-2016)

A Land Alteration Permit or Building Permit shall be further subject to and conditioned upon compliance by the Permittee with all provisions of this Subdivision 4, if such Permit is issued in connection with (1) a final plat application, (2) a Subdivision application resulting in the creation of one (1) or more new development parcels, (3) a PUD or (4) a site plan review.

In the event paragraph 1 above does not apply, a Land Alteration Permit or Building Permit shall be subject to the tree replacement requirements in (a) and (b) below if such Permit includes the removal of a Significant Tree or Heritage Tree as part of the redevelopment of a lot previously platted and developed.

A Significant Tree must be replaced with one (1) tree, subject to the conditions on location, size, timing, health and source outlined below.

A Heritage Tree shall not be removed without the written consent from the City Manager. The City Manager may condition such consent on replacement of the tree as determined by City staff subject to the requirements on location, size, timing, health and source of trees as set forth below.

General Exemptions. The following are exempt from the Tree Replacement Requirements of this Subdivision 4:

For all lots except residential lots, the cutting, removal or killing of less than ten percent (10%) of the Significant Trees and Heritage Trees on any Land within a period of five (5) years.

For residential lots the cutting, removal or killing of less than ten percent (10%) of the Significant Trees and Heritage Trees or the cutting, removal or killing of one (1) Significant Tree or Heritage Tree, whichever is greater, on any land within a period of five (5) years.

Single Family lots which are less than twenty-two thousand (22,000) square feet in size.

Property within the TOD and TC zoning districts.

The cutting of trees planted and grown by the owner or owner's predecessor on real estate which on April 17, 1990 was classified as Class 2b property according to Minnesota Statutes, 1989 Supplement, Section 273.13, Subdivision 23(b) because it was as of such date real estate, rural in character, and used exclusively for growing trees for timber, lumber, wood and wood products as described in clause (1) of said Subdivision 23(b).

The requirements of this Subdivision 4 shall be in addition to the requirements in City Code Section 11.42 relating to landscaping. If any of the requirements of this Subdivision 4 apply, a Tree Replacement Plan shall be submitted to the City in accordance with this subdivision. The Tree Replacement Plan may be combined with the landscaping plan required by City Code Section 11.42; provided that if the plans are combined, the combined plan shall identify which trees are replacement trees.

(Source: Ordinance No. 20-2023, 12-14-2023)

Tree Inventory. A Tree Inventory certified by a registered land surveyor, landscape architect or forester must be provided to the City Forester. The Tree Inventory must depict the following:

The size, species, condition and location on the Site of all Heritage Trees and Significant Trees. On large wooded areas, forest mensuration methods may be used to determine the total Diameter inches of trees outside the area of the proposed Land Alteration.

(Source: Ordinance No. 28-2016, 11-24-2016)

A list of Heritage Trees and Significant Trees which will be lost due to the proposed Land Alteration. Heritage Trees and Significant Trees shall be considered lost as a result of:

Grade change or Land Alteration, whether temporary or permanent, of greater than one (1) foot measured vertically, affecting forty percent (40%) (as measured on a horizontal plane) or more of the tree's Root Zone;

Utility construction (i.e., sewer, water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of forty percent (40%) or more of the tree's roots within the Root Zone;

Mechanical injury to the Tree Trunk of a Heritage or Significant Tree causing loss of more than forty percent (40%) of the bark at any given Diameter location along the trunk; or,

Compaction to a depth of six (6) inches or more of forty percent (40%) or more of the surface of the soil within a Heritage or Significant Tree's Root Zone.

The number, type and size of trees required to be replaced pursuant to this section.

The location of the replacement trees.

Tree Replacement Requirements. The Permittee shall replace Heritage Trees and Significant Trees lost or reasonably anticipated to be lost as a result of Construction Activity or Land Alteration immediately upon the occurrence of a loss, whether the loss occurs during Construction Activity, Land Alteration or thereafter, by the Permittee, his agent, or successor in interest by planting that number of trees (Replacement Trees) determined in accordance with the following criteria:

(Source: Ordinance No. 28-2016, 11-24-2016)

Replacement.

Significant Tree replacement formula:

A = Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration

B = Total Diameter Inches of Significant Trees Situated on the Land

C = Tree Replacement Constant (0.5)

D = Replacement Trees (Number of Caliper Inches)

[(A/B) x C] x A = D

EXAMPLE

A = 337

B = 943

C = 0.5

D = 60

[(337/943) x 0.5] x 337 = 60

Heritage trees that are lost or damaged are to be replaced at a ratio of 2:1, replaced caliper inches to lost or damaged Diameter-inch. Heritage Tree replacement must include a minimum of twenty percent (20%) replacement trees equal to or greater than four (4) caliper inches. In the case one (1) or more Heritage trees are saved, the amount of Diameter-inches of said saved Heritage tree(s) may be subtracted from the replacement required by Subdivision C.1 of this subdivision, provided however in no event shall the amount subtracted exceed fifty percent (50%) of the Replacement Trees (Number of Caliper Inches) as determined by the formula in Subdivision C.1. The not to exceed fifty percent (50%) limitation shall apply to applications deemed to be complete on or after March 7, 2017.

(Source: Ordinance No. 5-2017, 3-30-2017)

Payment.

Alternatively, if the Permittee demonstrates to the satisfaction of the City Manager. that it is not practical or reasonable to plant all or some of the required replacement trees on the Land, the Permittee may request approval to make cash payment to the City to be used for planting of trees and natural enhancements to the land within the City. Cash payments shall be calculated as set forth in the adopted fee schedule at the time of issuance of the Land Alteration Permit.

The trees required to be replaced pursuant to this section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code. A Financial Security is required as described in Subdivision 12 of this section.

Location of Replacement Trees. Replacement Trees shall be planted in one (1) or more of the following areas on the Land:

Restoration areas including steep slopes.

Outlots or common areas.

Buffer zones between different land uses and/or activities.

Project entrance areas.

Wetland Buffer Areas.

Stormwater BMPs designed according to Subdivision 6.

Any other part of the Land except areas dedicated or conveyed to the City, unless the City consents in writing.

Sizes and Types of Replacement Trees. Replacement Trees must be no less than the following sizes:

Deciduous trees - no less than two and one-half (2½) Caliper Inches.

Coniferous trees - no less than six (6) feet high.

(Source: Ordinance No. 28-2016, 11-24-2016)

On steep slopes (i.e., greater than 3:1) deciduous trees may be two (2) Caliper Inches and coniferous trees may be six (6) feet in height.

Replacement Trees shall be of a species similar to the trees which are lost and shall be pre-approved in writing by the City.

Time to Perform. Replacement trees shall be planted not less than 18 months after the date of issuance of the Permit.

Missing, Dead or Unhealthy Trees. Any Replacement Tree which is not alive or healthy one (1) year after the date that the last Replacement Tree has been planted shall be removed and a new healthy tree of the same size and species shall be planted in place of the removed tree. All such plantings shall occur within one (1) year of the date the tree qualifies as dead, unhealthy or missing.

Sources of Trees. Replacement trees shall consist of "certified nursery stock" as defined by Minnesota Statutes Section 18.46.

Trees planted in place of missing, dead, or unhealthy Replacement Trees shall consist only of "certified nursery stock" as defined by Minnesota Statutes Section 18.46.

Exceptions. The provisions of Subdivision 4 shall not apply to the cutting of trees planted and grown by the owner or owner's predecessor on real estate which on April 17, 1990 was classified as Class 2b property according to Minnesota Statutes, 1989 Supplement, Section 273.13, Subdivision 23(b) because it was as of such date real estate, rural in character, and used exclusively for growing trees for timber, lumber, wood and wood products as described in clause (1) of said Subdivision 23(b).

Subd. 5. General Requirements for Land Alteration. Land Alteration shall be subject to and conditioned upon the performance by the Permittee or Owner of the following general requirements regardless of whether a Permit is required:

Concrete Truck Wash Out. Designation of an area for wash out of concrete trucks and equipment must be provided by the Permittee. Sites that are one (1) acre or more must provide on the Site a station for washing out concrete trucks and equipment. The location of the wash out area or wash out station shall preclude the drainage of concrete and all other wash out wastes from the washing activities to a Stormwater Facility or water resource.

Corrections. Breaches of the perimeter of the Site by Erosion shall be immediately corrected, cleaned up and restored. A right-of-entry from the adjoining property owner(s) must be obtained to implement clean up and restoration on adjoining properties that were impacted by the Erosion. Erosion breaches must be corrected within forty-eight (48) hours of obtaining a right-of-entry.

Drain Inlet Protection. All storm drain inlets shall be protected during Construction Activities and Land Alteration with silt fence or other equivalent barrier meeting accepted design criteria, standards and specifications contained in the Minnesota Stormwater Manual or alternative pre-approved in writing by the City until Final Stabilization is completed.

(Source: Ordinance No. 18-2022, 9-29-2022)

Driveway Construction or Replacement. All driveway construction or replacement that disturbs the underlying soils shall be installed in accordance with City Code Chapter 11 surface requirements. Driveway construction shall be completed within one hundred twenty (120) days after the earlier of the following: (i) completion of the structure(s) for which the driveway is constructed; (ii) a driveway replacement project is started; or (iii) a Certificate of Occupancy has been issued; unless otherwise approved by the City.

Erosion Control Installation. Erosion Control Systems shall be installed prior to commencement of any Land Alteration activity and maintained during the Land Alteration activities in accordance with the following parameters:

Stormwater channeled from adjacent areas passing through the Site shall be diverted around disturbed areas during the Land Alteration, if practical. Diverted Stormwater shall be conveyed in a manner that will not erode the channels.

All activities on the Site shall be conducted in a manner which minimizes the area of bare soil exposed at any one (1) time.

Runoff from the Site shall be controlled by meeting subsection a. below and either subsection b. or c., depending on the size of the Site.

All disturbed earth shall be stabilized by seeding (if prior to September 15), sodding, mulching, or other equivalent Control Measure pre-approved in writing by the City within fourteen (14) days of ceasing Construction Activity or Land Alteration, unless required otherwise in a federal, state or local permit.

For sites with more than ten (10) acres disturbed at one time, or if a channel originates in the disturbed area, one (1) or more temporary and/or permanent Detention or Retention Basins (Basin) shall be constructed. Each Basin shall have a surface area of at least 1% of the area draining to the Basin and at least three (3) feet in depth. Each Basin shall be constructed in accordance with design specifications approved by the City. The Permittee or Owner shall ensure that Sediment is removed on a regular basis in order to maintain a depth of three (3) feet in depth. The Basin Discharge rate shall also be sufficiently low as to not cause erosion along the Discharge channel or the receiving water.

For Sites with less than ten (10) acres disturbed at one (1) time, silt fences, or equivalent Control Measures shall be placed along the side and down slopes of the Site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce Sediment reaching the channel.

Erosion Control Systems may be adjusted during dry weather to accommodate short term activities, such as those that require the passage of very large vehicles. As soon as the activity is finished and in any event prior to the occurrence of rainfall, the Erosion Control Systems must be returned to the original configuration.

Erosion Control Maintenance. All Erosion Control Systems shall be designed to minimize the need for maintenance and to provide access for maintenance purposes. All Erosion Control Systems shall be maintained in a functional condition until Final Stabilization of the Site and until all Land Alteration, including completion of turf and/or structural surfaces used to control soil erosion, is complete. Erosion Control Systems shall be removed within thirty (30) days following Final Stabilization.

Final Stabilization. Upon ceasing operations or upon interrupting Land Alterations for a period of six (6) months or more, the Permittee or Owner shall complete Final Stabilization of the site. For a Certificate of Occupancy issued from April 1 to August 31, ground cover shall be established within sixty (60) days of the issuance of the Certificate. For a Certificate of Occupancy issued between September 1 to March 31, ground cover shall be established prior to June 1 of the following year.

Hours of Operation. No Land Alterations shall be conducted prior to 7:00 a.m. nor after 7:00 p.m. on Monday through Friday, prior to 9:00 a.m. nor after 7:00 p.m. on Saturday, nor any time on Sundays or legal holidays. The City may, upon good cause being shown, vary these days and hours in writing.

Protection of Adjoining Structures. No Land Alteration shall occur which may endanger the use or support of adjoining lands or structures.

Slope Stabilization. Land contours made in conjunction with Land Alteration shall be sloped on all sides at a minimum ratio of three (3) horizontal to one (1) vertical (3H:1V) or greater, unless a steeper slope is approved in writing by the City.

Temporary Fencing. Temporary construction fencing must be installed around the Site, if necessary, to protect the public or natural resources against injury or damage. All temporary construction fencing shall be removed within ten (10) days following elimination of potential injury or damage or issuance of a Certificate of Occupancy, whichever occurs first. The fencing shall not be used as a permanent installation.

Temporary Soil or Dirt Storage. Soil or dirt storage piles containing more than fifty (50) cubic yards of material shall be stabilized by mulching, vegetative cover, tarps, or other equivalent Control Measures within fourteen (14) days unless required otherwise in a federal, state or local permit.

Tracking or Spilling. BMPs shall be employed to minimize Sediment from being tracked or spilled onto public or private roadways. The BMPs may include, but are not limited to, the following: frequent cleaning of streets adjacent to the construction site, rock construction entrances, graveled roads, washing stations, and parking areas of sufficient width and length. Sediment reaching a sidewalk, trail or public or private road shall be removed by street cleaning with power sweepers (not flushing) before the end of each workday or as otherwise ordered by the City in writing. Should eroded soils enter, or entrance appears imminent, into wetland or other water bodies, clean up and repair shall be immediate. The Permittee or Owner shall be responsible for signage and other protection measure during clean up operations.

Site Dewatering. Water pumped from the Site shall be treated by temporary Sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators or other controls as appropriate. Water may not be Discharged in a manner that causes Erosion or flooding that creates an adverse impact to the Site, abutting property, receiving channels or a wetland.

Unsafe Conditions. The Permittee shall repair, change, alter, modify or desist from any Land Alteration deemed by the City Engineer or his/her designee to be the cause of unsanitary, dangerous, or polluted conditions harmful to the general welfare of the City.

Waste and Material Collection and Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, litter, wastewater or sewage, toxic materials or hazardous materials) shall be properly contained while on site, properly disposed of off-site, and not allowed to be carried by water and/or wind off the site or into a receiving channel or storm sewer system. Waste containers and all construction materials shall not be placed or stored such that they obstruct, encroach upon, or interfere wholly or in part with any public right-of-way, including but not limited to, public roadways, trails, sidewalks, parks or other public properties unless a permit is issued under City Code Section 6.03.

Wetlands and Waterways. Stormwater shall not be Discharged directly into any natural water bodies such as wetlands, lakes or streams without pre-settlement. Wetlands must not be drained or filled, wholly or partially, unless a permit to replace by restoring or creating wetland areas of at least equal public value has been issued by the local governing unit. The permit and replacement must be in accordance with the Wetlands Conservation Act [Minnesota Statutes Section 103G.221 et seq. (herein referred to as the WCA)] and City Code Section 11.51.

Subd. 6. Development Plan Stormwater Management Standards and Design Criteria. Development Plans with land disturbance of greater than or equal to one (1) acre, including projects of less than one (1) acre that are part of a larger common plan of development or sale, shall include evaluation of the following provisions. The evaluation must be provided with the Land Development Application. Variances may not be granted by the City for the stormwater requirements set forth in Subdivision 6.G.

Green Infrastructure Analysis. The use of Green Infrastructure techniques and practices shall be the preferred BMPs for accomplishing compliance with Subdivision 6.B. and Subdivision 6.C The following Green Infrastructure design options or types of features must be considered, consistent with zoning, subdivision and PUD requirements:

Preserving natural vegetation.

Preserving and utilizing natural upland swales, depressions and upland storage areas in the post-development condition to the degree that they can convey, store, infiltrate, filter or retain Stormwater runoff before Discharge. Preservation requires that no grading or other Construction Activity occurs in these areas.

Minimizing impervious surface.

Installing permeable pavement to allow stormwater runoff to filter through surface voids into an underlying reservoir for temporary storage and/or Infiltration.

Utilizing vegetated areas to filter sheet flow, remove Sediment and other Pollutants and increase time of concentration to slow Discharge or reduce runoff of Stormwater.

Disconnecting impervious areas by allowing runoff from small impervious areas to be directed to pervious areas where it can be infiltrated or filtered.

Installing a green roof to provide an environment for plant growth for treatment of stormwater through filtering of suspended solids and pollutants and/or for volume and rate control as part of the roof system for the building.

Using irrigation ponds or systems, cisterns, rain barrels and related BMPs to reuse Stormwater runoff.

Planting of trees for retention and detention of Stormwater runoff as defined in the Minnesota Stormwater Manual or State of Minnesota Minimal Impact Design Standards (MIDS).

10.

Utilizing a soil amendment or decompaction process after site disturbance.

11.

Minimizing parking facility size.

12.

Increasing buffers around streams, steep slopes and wetlands to protect from flood damage and/or provide additional water quality treatment.

Development Plans shall be designed to protect and minimize impacts to natural features such as wetlands, wooded areas, rare and endangered species habitat, preservation areas designated by the Hennepin County Biological Survey, Metro greenways, and parkland to the MEP.

Post-Construction Stormwater Management. Development Plans shall include the following conditions to the MEP.

New Development projects must have no net increase from pre-project conditions on an annual average basis of:

Stormwater Discharge Volume.

Stormwater Discharges of Total Suspended Solids (TSS).

Stormwater Discharges of Total Phosphorus (TP).

Redevelopment projects must have a net reduction from pre-project conditions on an annual average basis of:

Stormwater Discharge volume.

Stormwater Discharges of TSS.

Stormwater Discharges of TP.

Volume Management. Volume Management Measures for Development Plans shall meet the following standards:

Retain a runoff volume equal to one (1) inch times the area of the proposed new and fully reconstructed impervious surfaces onsite.

For linear projects, retain a runoff volume equal to the greater of one (1) inch of runoff from the new impervious surface or one-half (0.5) inch of runoff from the sum of the new and fully reconstructed impervious surfaces created by the project.

Pretreatment in the form of sump structure, vegetated filter strip, water quality inlet or other Sediment control method to settle particulates approved by the City shall be provided for all filtration and infiltration areas.

Calculations, modeling and design for and installation of Infiltration BMPs must be provided.

No wetlands or areas below the calculated normal water level of constructed wet ponds shall be accepted as an Infiltration practice.

(Source: Ordinance No. 18-2022, 9-29-2022)

Stormwater Discharge Volume Prohibitions. The use of Infiltration is prohibited on sites where the Infiltration BMP will receive Discharges from, or be constructed in, any of the following areas:

Where industrial facilities are not authorized to infiltrate industrial Stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the Minnesota Pollution Control Agency (MPCA).

On land where vehicle fueling and maintenance currently occur, regardless of the amount of new and fully reconstructed impervious surface.

Where there is less than three (3) feet vertical feet of separation from the bottom of the Infiltration BMP to the elevation of seasonally saturated soils or the top of bedrock.

Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating Stormwater. Documentation regarding type and extent of identified contaminants identified, such as a Phase I Environmental Site Assessment or the MPCA's site screening assessment checklist, must be provided.

Where predominately Hydrologic Soil Group D (clay) soils exist.

Where soil Infiltration rates exceed 8.3 inches per hour, unless soils are amended to slow the infiltration rate below 8.3 inches per hour.

Within one thousand (1,000) feet up-gradient, or one hundred (100) feet down-gradient of active karst features. The city may require the applicant to perform additional appropriate geotechnical investigations in areas of suspected active karst or shallow bedrock.

In an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as high or very high vulnerability as defined by the Minnesota Department of Health.

In an ERA within a DWSMA classified as moderate vulnerability, unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater.

10.

Outside of an ERA within a DWSMA classified as high or very high vulnerability, unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater;

(Source: Ordinance No. 18-2022, 9-29-2022)

Stormwater Discharge Volume Restrictions. The use of Infiltration shall be subject to review and approval by the City Engineer where the use of Infiltration BMPs are restricted due to Construction Activity occurring on any of the following sites:

Where the bottom of the Infiltration basin will be less than three (3) feet above the normal water level of any adjacent wetland.

Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. Rules 4720.5100, subp. 13.

Within fifty (50) feet of an outdoor salt stockpile or storage area.

Where vehicle fueling and maintenance previously occurred.

Within the Wellhead Management Zone (WMZ) of any City well.

(Source: Ordinance No. 18-2022, 9-29-2022)

City approval shall be conditioned upon completion of higher engineering review and submittal of the analysis to the City Engineer in these areas that demonstrate to the reasonable satisfaction of the City Engineer that the Infiltration BMPs will perform properly and that groundwater is adequately protected.

Stormwater Discharge Volume Exceptions. The use of less Infiltration for volume control on the Site of the Construction Activity or Land Alteration may be allowed subject to review and approval in writing by the City where:

The Site is precluded from infiltrating Stormwater through a designed system due to any of the limitations described in Subdivisions 6.D or 6.E of this section.

The project is a linear project where the right-of-way precludes the installation of volume control practices that meet the conditions for post-construction storm water management Subdivisions 6.B or 6.C of this section. A reasonable attempt must be made to obtain right-of-way or easements during the project planning process.

If the City Engineer determines that Infiltration is restricted or prohibited on site, the Permittee or Owner shall incorporate to the MEP Stormwater treatment alternatives such as wet sedimentation basins, Filtration systems, evapotranspiration, reuse, harvesting, conservation design, green roofs, or other similar techniques on the Site to reduce Stormwater Discharge volume. The City may allow, by an approval in writing, the Permittee or Owner to provide payment to the City in lieu of the volume reduction upon written approval by the City. The request and any information and/or calculations required to support the estimated amount of volume reduction and payment amount must be provided in writing to the City Engineer with the Application for the Land Alteration Permit.

(Source: Ordinance No. 18-2022, 9-29-2022)

Stormwater Management Mitigation. In circumstances where the Permittee cannot cost effectively meet the post-construction requirements for Total Suspended Solids (TSS) or Total Phosphorus (TP) treatment established in Subdivision 6.B in this section on the Site, the Permittee must identify locations where mitigation projects will be completed by the Permittee. The TSS and/or TP not addressed on Site must be addressed through mitigation approved in writing by the City and, at a minimum, shall ensure the following:

Mitigation project areas are selected in the following order of preference:

Locations that yield benefits to the same receiving water that Stormwater runoff drains to from the Construction Activity or Land Alteration.

Locations with the same Department of Natural Resource (DNR) catchment area as the Construction Activity or Land Alteration.

Locations in the next adjacent DNR catchment area up-stream

Locations anywhere within the City.

Mitigation projects must be approved by the City in writing and may include either: (i) creation of new Stormwater Facilities, (ii) retrofit of existing Stormwater Facilities, or (iii) creation or use of a regional Stormwater Facility. Routine maintenance of Stormwater Facilities already installed cannot be used to meet mitigation requirements.

Mitigation projects must be completed within twenty-four (24) months after the start of the Construction Activity or Land Alteration. If the permittee determines more time is needed to complete the treatment project, the permittee must provide the reason(s) and schedule(s) for completing the project in the annual report.

(Source: Ordinance No. 18-2022, 9-29-2022)

The Permittee shall determine, document and provide the contact information for the Person who is responsible for long-term maintenance on all mitigation projects. The Person responsible is subject to approval by the City.

The Permittee may be allowed to provide payment to the City in lieu of the Stormwater Management mitigation activity upon written approval by the City Engineer. The payment shall include all costs, including but not limited to the cost of land purchase, analysis, design, construction, monitoring and maintenance of the mitigation site.

Stormwater Facility Design Standards. All storm sewer system components, including inlets, outlets, catch basins, piping and other structures designed to treat or convey Stormwater, shall be designed for a minimum ten-year frequency event using currently accepted rainfall data with the exception of storm sewer systems near critical topographic features such as steep slopes and bluffs which shall be designed for a 100-year frequency event with a designated overland emergency overflow (EOF). Green Infrastructure required by the City or other regulatory agency may be considered for reductions in storm sewer design requirements if pre-approved in writing by the City Engineer.

NURP Design Criteria. If Stormwater Facilities are required by the City to meet the requirements of Subdivisions 6.B and 6.C, the Stormwater Facilities may be required to include a Stormwater pond which shall be based on NURP Design Criteria with a calculated water elevation for a 100-year frequency event. Proposals to provide an alternative to the NURP Design Criteria may be considered but must be approved in writing by the City Engineer. The NURP pond shall be designed by a Professional Engineer licensed in Minnesota (PE). The following NURP Design Criteria must be incorporated into the design submitted for review.

A permanent pond surface equal to two percent (2%) of the impervious area draining to the pond or one percent (1%) of the entire area draining to the pond, whichever amount is greater.

An average permanent pool depth of four (4) to ten (10) feet.

A recommended permanent pool length to width ratio of 3:1 or greater.

A minimum protective shelf extending ten (10) feet into the permanent pool with a slope of 10:1, beyond which slopes shall not exceed 3H:1V.

All Stormwater Facilities shall have a device to keep oil, grease, and other water borne material from moving downstream as a result of normal operations.

Subd. 7. Inspections, Monitoring and Maintenance.

Inspections. Inspections of the Site and Stormwater Facility to determine compliance with the requirements of this section are the responsibility of the Permittee and/or Owner. Sites which require a NPDES Permit or are greater than one (1) acre in size must have inspections completed by a Certified Professional in Erosion & Sediment Control (CPESC) or a Professional Engineer licensed in Minnesota (PE). Inspection results and maintenance activity reports must be completed and submitted in writing to the City for a minimum of two (2) years following completion of construction and final acceptance by the City.

Right of Entry and Access to Materials. The City shall be entitled to enter and inspect the Site and Stormwater Facilities as often as may be necessary to determine compliance with this section and shall be entitled to examine and copy records, wherever they may be kept that must be maintained pursuant to the Permit or local, state or federal law.

Obstructions to Access. Any temporary or permanent obstruction to safe and easy access to a Site or Stormwater Facility subject to inspection shall be promptly removed by the Permittee or Owner at the request of the City and shall not be replaced.

Monitoring and Testing of Stormwater Discharge and Stormwater Facilities. To assure that the Land Alteration is being conducted in accordance with the conditions stated on the Permit, the City may order, at the expense of the Permittee or Owner, monitoring of the Stormwater Discharge and/or Stormwater Facility, including those field measurements or testing the City deems necessary to assure that the conditions and requirements of the Permit are being followed. If the monitoring is not completed, the City shall have the right to set up on any Site such devices as are necessary in the opinion of the City to conduct monitoring, testing and/or sampling of the Stormwater and/or Stormwater Facility.

Inspections and Maintenance during Land Alteration Activities. During the Land Alteration the Permittee must inspect each Stormwater Facility and Erosion Control System bi-weekly and immediately after each rainfall event of one-half (0.5) inches or more. Any Erosion or breach in an Erosion Control System must be corrected within forty-eight (48) hours of identifying the Erosion or breach. Correction may include, but is not limited to: rehabilitation of an Infiltration practice; removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; and/or replacement of landscape vegetation. Inspections shall include, but are not limited to, evaluation of the following items:

Stabilization of exposed soils (including stockpiles);

Stabilization of ditch and swale bottoms;

Sediment control BMPs on all downgradient perimeters of the project and upgradient of buffer zones;

Storm drain inlet protection;

Energy dissipation at pipe outlets;

Vehicle tracking BMPs;

Preservation of a fifty (50) foot natural buffer or redundant sediment controls where stormwater flows to a surface water within fifty (50) feet of disturbed soils;

Owner/operator of construction activity self-inspection records;

Containment for all liquid and solid wastes generated by washout operations (e.g., concrete, stucco, paint, form release oils, curing compounds, and other construction materials); and

10.

Maintenance and functionality of BMPs.

Documentation for each inspection must be provided to the City in a format approved by the City within forty-eight (48) hours of the inspection.

(Source: Ordinance No. 18-2022, 9-29-2022)

Post Activity Inspections. All Stormwater Facilities must undergo, at a minimum, one (1) inspection annually for two (2) years after completion and final acceptance of the construction. After two (2) annual inspections are approved by the City in writing, all Stormwater Facilities must undergo, at a minimum, one (1) inspection every five (5) years to document maintenance and repair needs and ensure compliance with the requirements of this section and all federal, state and local regulations. An inspection report for each inspection shall be filed with the City within ninety (90) days of the inspection. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement or maintenance agreement in favor of the City, Watershed District or other federal, state or local agency.

(Source: Ordinance No. 18-2022, 9-29-2022)

As-Built Surveys. An as-built survey of every Stormwater Facility must be provided to the City within one (1) year of final completion of Construction Activity or Land Alteration.

The survey shall be provided in the Minnesota County Coordinate System, Hennepin County North American Datum 1983 (NAD83) (1996) projection in U.S. Survey feet. All vertical elevations shall be in North American Datum 1988 (NAVD88). The survey shall also be in a format compatible with the City's current GIS software.

(Source: Ordinance No. 18-2022, 9-29-2022)

Post Activity Stormwater Facility Maintenance. Owners of Land which includes a Stormwater Facility must maintain the Stormwater Facility to ensure proper functioning of the Stormwater Facility over time. Maintenance shall include: restoration or replacement of Stormwater Facilities' function; removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; or replacement of landscape vegetation if needed. All required maintenance shall be addressed in a timely manner, as determined by the City. The maintenance requirement may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility over time. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement or maintenance agreement in favor of the City or Watershed District or other federal, state or local agency.

The City may perform maintenance on any private Stormwater Facility which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the storm sewer system or surface waters. The Owner of the private system shall be responsible for any costs and charges that are associated with this work.

Stormwater Facility Easement. When any new Stormwater Facility is installed on private property where it receives drainage from a public Stormwater system, the property owner shall grant to the City an easement in recordable form granting the City the right, but not the obligation, to maintain, reconstruct, repair and inspect the Stormwater Facility. The easement shall be received by the City prior to completion of the construction of the Stormwater Facility and shall include the right to enter onto the Site to gain access to the Stormwater Facility.

Failure to Maintain Practices. If a Permittee fails or refuses to meet any of the requirements of this section, the City, after notice, may inspect the Stormwater Facility to determine if maintenance is required to ensure compliance with this section and/or correct any violations by performing all necessary work to place the Site in compliance with this section. If the City identifies violations of this section as a result of the inspection, the City shall notify the Permittee of the violation and a time by which the violations must be corrected. The notice shall further advise that, should the Permittee fail to correct the violation by the stated date, the City will cause the violation to be corrected and the expense thereof shall be charged to the Permittee or Owner. Each violation of this section are deemed and declared a public health and safety hazard and a public nuisance. Building inspections may be withheld until the violation is abated or corrected. The City may also issue a stop-work order on any activities that violate the terms of this section.

If payment is not made within thirty (30) days after costs are incurred by the City, payment will be withdrawn from the Permittee's Financial Security required by this section. If there is an insufficient amount in the Financial Security to cover the costs incurred by the City or if there is no Financial Security, then the City may assess the Land for the cost of repair work and any penalties and the amount assessed shall be a lien on the Land and may be certified to the County Auditor to be placed on the tax statement and collected in the same manner as ordinary taxes by the county.

Subd. 8. Land Alteration Permit Application Requirements.

A person seeking a Land Alteration Permit shall make application to the City on a form provided by the City and must include information that exhibits compliance with City Code Section 11.55 and other federal, state and local permit requirements, including the State of Minnesota issued NPDES/SDS General Permit to Discharge Stormwater Associated with Construction Activity or Land Alteration, as applicable.

Inspection and Maintenance. All Stormwater Facilities shall be designed to minimize the need for maintenance, to provide access for maintenance purposes and to be structurally sound. Prior to issuance of the Permit, the Applicant shall obtain necessary easements or other property interests to allow access to the Stormwater Facilities for inspection and maintenance. A copy of the easements and/or property interests must be provided with the Application.

Land Alteration/Plan Review Permit Fee. A Land Alteration/Plan Review Fee in an amount set forth in the City Fee Schedule must be paid at the time of submitting an Application to the City. In the event the Land Alteration Permit application is denied, fifty percent (50%) of the Permit Fee shall be returned to the Applicant.

Site construction and/or site grading plans. All plans provided shall be at the same scale. The minimum scale shall be one inch equals fifty (50) feet (1" = 50'). All plans must be signed by a Professional Engineer licensed in Minnesota (PE) who must verify that the design of all Stormwater Facilities and Erosion Control Systems meet the requirements contained in this section. The following plans must be included with the application:

A topographic map of the Site as it exists prior to the proposed Land Alteration showing ground elevation contours at two-foot intervals. The map shall include a minimum of two hundred fifty (2500 feet of land abutting the Site on all sides that is sufficient to show on- and off-site drainage.

A topographic map of the Site (grading plan) showing the existing and proposed ground elevation contours at two-foot intervals.

Locations and dimensions of all proposed Land Alterations and site features before and after Land Alteration.

A dewatering and basin draining plan.

The Emergency Over Flow (EOF) location and elevation for each Stormwater Facility.

The location and size of existing and proposed building pads.

Locations and dimensions of all temporary or interim soil or dirt stockpiles.

Location, dimensions and plans of all temporary, interim and final Stormwater Facilities and Erosion Control Systems necessary to meet the requirements of this section.

Methods that will be used to inspect, maintain, and stabilize the site during and after construction, including types, time frames and schedules.

10.

A restoration plan for areas disturbed by the Land Alteration, including Final Stabilization measures.

(Source: Ordinance No. 18-2022, 9-29-2022)

Stormwater Pollution Prevention Plan (SWPPP). A SWPPP shall be provided with the application that describes the control and management of the flow of Stormwater and associated water quality impacts resulting from the development. A copy of the completed NPDES/SDS Construction Stormwater General Permit for the Site if required by the Minnesota Pollution Control Agency (MPCA) must be provided with the SWPPP.

Stormwater Treatment Calculations. Stormwater treatment calculations used to determine compliance with Subdivisions 6 or 8 of this section and any federal, state or local regulatory requirements or permits shall be provided with the application.

Runoff Management Plan (RMP). If the proposed project is in the Lower Minnesota River Watershed District (LMRWD) a Runoff Management Plan (RMP) must be developed by the Applicant for management of Stormwater runoff in accordance with LMRWD requirements. A copy of the RMP, if required, must be provided with the application.

Subd. 9. Permit Application Review and Approval.

Issuance or Denial. The City Engineer or his/her designee shall review an application for a Land Alteration Permit to determine its conformance with the provisions of this section. Consistent with Minnesota Statutes Section 15.99, the City Engineer or his/her designee shall in writing either approve or deny issuance of a Permit or recommend that the application be forwarded to the City Council for review and denial or approval. Prior to release of the Land Alteration Permit, the Applicant shall provide written copies of all required federal, state and local permit approvals.

Conditions. Approval, denial, or approval subject to conditions of a Land Alteration Permit shall be based upon the following factors:

Whether, and the extent to which, the Land Alteration may create or exacerbate a safety risk to surrounding persons, the public or property.

Whether, and the extent to which, the Land Alteration may cause undue harm to the environment including, but not limited to, noise, dust, Erosion, undue destruction of vegetation, and accumulation of waste materials and Pollutants.

Whether the physical characteristics of the Site, including but not limited to topography, vegetation, susceptibility to Erosion or siltation, susceptibility to flooding, water storage or retention, are such that the Site is not suitable for Land Alteration or the use proposed.

Whether adequate plans have been made for restoring and/or stabilizing the Site upon completion of the Land Alteration.

Whether there is a substantial likelihood that the Applicant will be able to comply with the rules and regulations of this section, other applicable Sections of the City Code, and all applicable state, federal and local regulations.

Whether the Site proposed for the Land Alteration is zoned for the proposed use.

If the City accepts maintenance of the Stormwater Facility, the City may require conveyance to the City or other public entity certain lands or interests therein.

A Land Alteration Permit may be approved subject to conditions which limit the size; kind or character of the proposed Land Alteration; require the construction of Stormwater Facilities; require replacement of vegetation; establish monitoring procedures; require staging the work over time; and/or require buffering.

Modifications. A Permittee may submit to the City a written request for modification of a Permit. The City Engineer or his/her designee shall review the request and in writing either approve or deny the request or recommend that the request be forwarded to the City Council for review and denial or approval. The City may require additional reports and data from the Permittee.

Expiration. All Land Alteration Permits shall expire twenty-four (24) months after issuance unless otherwise provided on the Permit.

Subd. 10. Suspension or Revocation of Permit. The City may suspend or revoke a Permit as follows:

Suspension. If the City determines any of the following: (i) the Permit was issued in error or on the basis of incorrect information; or (ii) the Permit or work are in violation of any provision of this section or any federal, state or local regulation, the City may suspend the Permit and issue a stop work order and the Permittee shall cease all work on the Site except for work necessary to remedy the cause of the suspension. The Permittee may request reinstatement of a suspended Permit upon correction of the causes for suspension. If the conditions of the Permit have been complied with in full, the City shall reinstate the Permit.

Revocation. If the Permittee refuses or fails to cease work after the suspension or refuses or fails to correct the causes for suspension within the time period provided in the stop work order, the City may revoke the Permit.

Subd. 11. Financial Security. Financial Security is required prior to issuance of a Land Alteration Permit. The Financial Security may take the form of: (i) a performance bond in a form acceptable to the City; (ii)an irrevocable letter of credit issued by a financial institution and in a form acceptable to the City; or (iii) cash in United States currency. The performance bond, letter of credit, or an agreement relating to the deposit of cash with the City shall provide that the City may make a claim against, draw on or withdraw from the financial security as appropriate in order to complete the performance of Applicant's obligations pursuant to the terms of the Permit and this section, including but not limited to, the Applicant's obligations imposed pursuant to the Permit and this section and indemnification of the City against any loss, cost or expense, including an amount as and for reasonable attorney's fees incurred in enforcing the obligations of Applicant pursuant to the Permit or this section.

Land Alteration Permit Financial Security. The Financial Surety for a Land Alteration Permit shall be in an amount of 125 percent (125%) of the cost estimate of the work to be done as stated in the application for a Land Alteration Permit and as approved by the City Engineer or his/her designee.

Tree Replacement Financial Security. In addition, if trees are required to be replaced pursuant to this section an additional Financial Security shall be provided in the amount of one hundred fifty percent (150%) of the estimated cost to furnish and plant the Replacement Trees as approved by the City Forester or his/her designee. The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of the Replacement Trees.

In the event the estimated cost submitted by the Applicant to the City is not approved, the City Engineer or his/her designee shall have the right in his/her sole discretion to determine the estimated cost for purposes of the Financial Surety.

Subd. 12. Action Against Financial Security. The City may make a claim against, draw on or withdraw from the appropriate Financial Security in the event of a violation of the terms of the Permit, including but not limited to the following:

The Permittee ceases performing the Land Alteration for a period of thirty (30) days or more prior to completion of the Land Alteration.

The Permittee fails to conform to the Land Alteration Permit as approved, and/or has had its Land Alteration Permit revoked.

The techniques outlined in the Land Alteration Permit fail within one (1) year of installation or before Final Stabilization is achieved for the Site or portion of the Site, whichever comes later.

The City determines that action by the City is necessary to prevent excessive Erosion from occurring on the Site, or to prevent Sediment from occurring on adjacent or nearby properties.

The Permittee ceases working on the Tree Replacement Plan for a period of thirty (30) days or more.

The City may make a claim against, draw on or withdraw from the Financial Security in whole or in part, for all direct and indirect costs incurred in doing the remedial work undertaken by the City, its employees, consultants and/or contractors.

Subd. 13. Release of Financial Security. Any remaining Financial Security shall be released to the Person who deposited the Financial Security upon determination by the City that the requirements of this chapter and the conditions of the Land Alteration Permit and/or Tree Replacement Plan have been satisfactorily performed. No portion of the Financial Security shall be released while there are unsatisfied obligations of the Permittee, including the obligation to indemnify the City for any expenses incurred in enforcing the terms of the Permit or this section.

When more than half of the Site's maximum exposed soil area achieves Final Stabilization, the City may reduce the total required amount of the Financial Security, if approved by the City Engineer.

A portion, in an amount determined by the City Engineer taking into consideration the percentage of completion of project and the estimated cost to complete the project, of the Financial Security shall be retained to secure the Permittee's or Owner's obligation to remove and replant Replacement Trees which are dead, unhealthy or missing as provided for in this section.

Subd. 14. Adopted by Reference. The Minnesota Stormwater Manual and Minnesota's Construction Stormwater General Permit published by the Minnesota Pollution Control Agency are hereby adopted and incorporated by reference.