This article is adopted pursuant to the authorization and policies contained in Minnesota Statutes and Rules.

(Ord. No. 522, § 3, 5-4-2015)

The city hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands, natural habitat areas, areas 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 and in areas which may be affected by unplanned land usage.

(Ord. No. 522, § 3, 5-4-2015)

The purpose of this article 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 and 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.

(Ord. No. 522, § 3, 5-4-2015)

(a)

Applicability. Every applicant for a building permit, subdivision approval, or a permit to allow land disturbing activities must submit a stormwater management plan to the city. No building permit, subdivision approval, or permit to allow land disturbing activities shall be issued until approval of the stormwater management plan or a variance of the approval requirement has been obtained in strict conformance with section 36-4(f) of this article.

(b)

Minnesota Pollution Control Agency (MPCA). The MPCA is the permitting authority for land disturbing activities requiring an NPDES permit for construction activity, including the requirements for developing and implementing a SWPPP. Where required, the NPDES permit is in addition to permits required by the City of Excelsior.

(c)

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

(1)

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

(2)

Interior remodeling;

(3)

Any activity requiring a building permit which does not disturb any land and does not increase the area of impervious surface of the subject parcel;

(4)

Emergency work to protect life, limb, or property;

(5)

A proposed addition or the construction of an accessory structure when the plans have been reviewed and the site has been inspected by the zoning administrator and/or the city engineer and it has been determined that the land is flat and/or drainage will not have an impact on neighboring property(s) or any body of water.

(d)

Incorporation by reference. The city's engineering design standards are hereby incorporated into this article by reference. The Standards shall serve as the official guide for stormwater principles methods, and practices for proposed development activities for the City of Excelsior.

(e)

Variance. The city council, upon recommendation of the planning commission, may grant a variance to any requirement of this article upon making a finding that compliance with the requirement will involve an unnecessary hardship and the variance of such requirement will not adversely affect the standards and requirements set forth in section 36-5. The city council may require, as a condition of the variance, such dedication or construction or agreement to dedicate or construct as may be necessary to adequately meet said standards and requirements.

(Ord. No. 522, § 3, 5-4-2015)

(a)

Stormwater management. The following general and specific standards shall apply:

(1)

General standards.

a.

When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

b.

Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

c.

When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.

(2)

Specific standards.

a.

Stormwater management shall be performed according to the policies outlined in the most recent version of the city's surface water management plan.

b.

In addition to the city's policies, stormwater management shall be performed according to the policies of the Minnehaha Creek Watershed District.

c.

For land disturbing activities that require an NPDES general stormwater construction permit, activities shall be performed according to the NPDES permit requirements in addition to the policies of the city.

d.

Maximum impervious surface coverage and green space requirements of lots shall be based on zoning classification as provided in this article.

e.

New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

f.

New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming or surface debris before discharge.

g.

New single-family residential and duplex housing developments and construction shall incorporate best management practices (BMPs) designed to treat, store, filter, and/or infiltrate stormwater runoff onsite, and improve the water quality runoff before sending it downstream to downstream waters.

1.

These standards shall apply to new single-family and duplex residential home construction with a net increase of impervious surface from existing, unless the proposed home is constructed entirely within the footprint of the previously existing home. Residential BMPs shall not be required for home additions or detached garage construction or reconstruction.

2.

Residential BMP volume calculations shall be based on 1.0 inches of rain over the total increase in impervious surface area from existing conditions.

3.

Raingardens, drywells, infiltration/filtration trenches, and cisterns are all permitted types of residential BMPs subject to review and approval based on site conditions, including but not limited to site soils type, size of property, site grading and drainage, and groundwater table. Permeable pavers or permeable pavement is not considered acceptable as a residential BMP.

4.

The property owner shall be responsible for ownership, maintenance, and upkeep of the residential BMP necessary to keep it working properly and in good repair.

(Ord. No. 522, § 3, 5-4-2015; Ord. No. 558, § 1, 4-17-2017; Ord. No. 573, § 2, 1-8-2018)

h.

In order to protect all adjacent improved properties, all existing stormwater runoff and drainage patterns shall be maintained or improved during construction and following completion of the proposed work.

(Ord. No. 619, § 5, 12-21-2020)

(a)

Application. A written application for stormwater management plan approval, along with the proposed stormwater management plan, shall be filed with the city and shall include a statement indicating the grounds upon which the approval is requested, that the proposed use is 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 article. Two sets of clearly legible blue or black lined copies of drawings and required information shall be submitted to the zoning administrator. 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.

The applicant is responsible to apply for, and obtain any necessary permits or approvals required by other agencies, including, but not limited to, permits required by the Minnehaha Creek Watershed District, the Minnesota Pollution Control Agency, the Minnesota Department of Natural Resources, and the [U.S.] Army Corps of Engineers. For stormwater management plans submitted as a part of a preliminary plat application, the applicant must provide copies of the preliminary plat and stormwater management plan to the Minnehaha Creek Watershed District.

(b)

Unless otherwise exempted by this Code, an application for stormwater management approval shall include the following as a condition for its consideration:

(1)

A stormwater management plan;

(2)

A maintenance agreement.

The stormwater management plan shall be prepared to meet the requirements of section 36-6, and section 36-8 of this article, as well as the requirements within the city's engineering design standards; the maintenance agreement shall be prepared to meet the requirements of section 36-9 of this article.

(c)

Stormwater management plan. At a minimum, the stormwater management plan 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, subdivisions, 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 and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, 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 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.

100-year floodplains, flood fringes and floodways.

g.

Ordinary high water level of surface waters as established by the Minnesota Department of Natural Resources, normal water level and 100-year high water level of surface waters and detention facilities.

(2)

Site construction plan. A site construction plan including:

a.

Locations and dimensions of all proposed land disturbing activities and any phasing of those activities;

b.

Locations and dimensions of all temporary soil or dirt stockpiles;

c.

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

d.

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

e.

Provisions for maintenance of the construction site erosion control measures during construction, including a stormwater pollution prevention plan (SWPPP) for activities that require an NPDES general construction stormwater permit issued by the Minnesota Pollution Control Agency.

(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 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 drainage plan of the developed site delineating in which direction and at what rate stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect;

c.

The proposed size, alignment, low floor elevation, low building opening elevation, and intended use of any structures to be erected on the site;

d.

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

e.

Ordinary high water level of surface waters as established by the Minnesota Department of Natural Resources, normal water level and 100-year high water level of surface waters and detention facilities.

(4)

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

(Ord. No. 522, § 3, 5-4-2015)

(a)

Process. Stormwater management plans meeting the requirements of section 36-5 shall be submitted to the zoning administrator for review in accordance with the standards of section 36-7. The zoning administrator shall approve, approve with conditions, or deny the stormwater management plan. The decision by the zoning administrator may be appealed in accordance with article 7 of this Appendix E.

(b)

Duration. Approval of a plan submitted under the provisions of this article 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 reasons for the requested extension, the zoning administrator 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)

Conditions. A stormwater management plan may be approved subject to compliance with conditions reasonable and necessary to insure that the requirements contained in this article are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of structures, drainage facilities, storage basins and other facilities, 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 or other public entity of certain lands or interests therein.

(d)

Financial guarantee. Prior to approval of any stormwater management plan, the applicant shall submit an agreement to construct such required physical improvements, to dedicate property or easements, or to comply with such conditions as may have been agreed to. Such agreement shall be accompanied by a financial guarantee to cover the amount of the established cost of complying with the agreement. The agreement and guarantee shall insure completion and compliance with conditions within a specific time, which may be extended in accordance with section 36-6(b) of this article.

(Ord. No. 522, § 3, 5-4-2015; Ord. No. 558, § 1, 4-17-2017)

(a)

Standards. No stormwater management plan which fails to meet the standards contained in this section shall be approved by the zoning administrator.

(b)

All land disturbing activities are required to follow the construction site stormwater runoff control standards set within this Code and the city's engineering design Standards. The standards should follow the following requirements:

(1)

Erosion control;

(2)

Sediment control practices;

(3)

Temporary sediment basins;

(4)

Dewatering and basin draining;

(5)

Inspection and maintenance;

(6)

Pollution management measures/construction site waste control;

(7)

Final stabilization;

(8)

Training.

(c)

Design standards. Stormwater detention facilities constructed in the City of Excelsior shall be designed according to the most current technology as reflected in this code and the city's engineering design standards.

(d)

Stormwater management criteria for permanent facilities.

(1)

An applicant shall install or construct, on or for the proposed land disturbing or development activity, all stormwater management facilities necessary to manage increased runoff so that peak discharge rates leaving the site are not increased for the two-year, ten-year, and 100-year critical-duration rainfall events. Accelerated channel erosion shall not occur as a result of the proposed land disturbing or development activity. At the discretion of the city, an applicant may also make an in-kind or monetary contribution to the development and maintenance of community stormwater management facilities designed to serve multiple land disturbing and development activities undertaken by one or more persons, including the applicant.

(2)

The applicant shall give consideration to reducing the need for stormwater management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond.

(3)

Drainage systems shall be designed to convey runoff from contributing drainage areas under fully developed conditions. Capacities of drainage systems shall be designed to meet the following standards:

a.

Local storm sewer shall convey runoff from the five-year, critical-duration, and rainfall event.

b.

Trunk storm sewer shall convey runoff from the ten-year, critical-duration, and rainfall event.

c.

Ponds and open channels shall convey runoff from the 100-year, critical-duration, and rainfall event.

(4)

Special attention shall be given to existing residential developments which do not currently comply with the 35 percent impervious cover limitation of article 60 of this Appendix E. When installing sidewalk and driveways, adding decks and building additions or constructing garages and storage buildings, the following methods are suggested as solutions to the problem of managing stormwater runoff from impervious surfaces:

a.

Building additions and decks shall be constructed to direct runoff to more pervious grassed filter strips, such as lawns and gardens.

b.

Runoff from garages or storage buildings can be separated from impervious surfaces by different roof designs and/or use of gutters and down spouts directing water to pervious areas.

c.

Sidewalks and driveways shall be sloped to drain towards pervious surfaces, such as lawns or gardens.

(5)

The following stormwater management practices shall be investigated in developing a stormwater management plan in the following descending order of preference:

a.

Natural infiltration of precipitation on-site;

b.

Flow attenuation by use of open vegetated swales and natural depressions;

c.

Stormwater retention facilities; and

d.

Stormwater detention facilities.

(6)

A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subsection (a) above. Justification shall be provided by the applicant for the method selected.

(e)

Water quality treatment standards. Stormwater treatment facilities shall be provided to remove 50 percent of phosphorus and 85 percent of total suspended solids, or a detention pond designed to NURP standards.

(f)

Volume control standards. Abstraction via infiltration, evapotranspiration, capture and/or reuse of one inch of rainfall from the site on a regional or site-specific basis is required for development or redevelopment for projects that increase stormwater runoff volume, provided that past and existing land use practices, groundwater elevations, and soil characteristics are suitable for infiltration.

(g)

Flood control. Development and land disturbing activities must meet the following criteria:

(1)

The basement floor elevation of any new building shall be placed at least two feet above the elevation of any known historic high groundwater elevations for the area and at least two feet above the 100-year high surfacewater elevation in the area.

(2)

The low building opening elevation of any new building shall be at least three feet above the projected 100-year high water elevation for the area. If this standard is considered a hardship, the standard may be lowered to placing the low building opening elevation at least two feet above the projected 100-year high water elevation if the following can be demonstrated:

a.

That within the two-foot freeboard area above the 100-year high water elevation, stormwater storage is at least 50 percent of the stormwater storage capacity below the 100-year high water elevation; and

b.

That a 25 percent obstruction of the basin outlet for a 100-year critical-duration rainfall event would not result in a high water elevation greater than one foot above the 100-year high water elevation; and

c.

An adequate overflow route from the basin will assure that water levels, even for extreme rainfall events, will be greater than one foot below the low building opening elevation.

(3)

An emergency spillway from ponding areas shall be installed a minimum of one foot below the lowest building opening and shall be designed to have a capacity to overflow water at an elevation below the lowest building opening at a rate not less than three times the 100-year peak discharge rate from the basin or the 100-year inflow rate to the basin, whichever is higher.

(h)

Wetlands. Minnehaha Creek Watershed District is the local government unit with jurisdictional control for enforcement of the Wetland Conservation Act. For most activities that could affect wetlands, the rules of the Minnehaha Creek Watershed District will apply. In addition to the rules of the district, the following standards shall apply:

(1)

Runoff shall not be discharged directly into wetlands without presettlement of the runoff.

(2)

A protective buffer strip of natural vegetation shall surround all wetlands. Buffer dimensions shall be as required by the Minnehaha Creek Watershed District, or the City's Engineering Design Standards, whichever is greater.

(3)

Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public and natural value. Replacement must be guided by the following principles in descending order of priority:

a.

Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland;

b.

Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;

c.

Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment;

d.

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and

e.

Compensating for the impact by replacing or providing substitute wetland resources or environments.

(i)

Bluffs. No land disturbing or development activities shall be allowed on bluffs as defined under definitions in article 2 of this Appendix E.

(j)

Structures. In a newly constructed or rehabilitated storm sewer system, the last downstream structure before discharge to a receiving water body shall be provided with a sump area for the collection of coarse-grained material. Such sumps shall be cleaned when they are half-filled with material.

(k)

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

(l)

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 city engineer. Plans, specifications and computations for stormwater management facilities submitted for review shall be sealed and signed by a registered professional engineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the city engineer.

(m)

Watershed management plans/groundwater management plans. Stormwater management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with applicable Minnesota Statutes and as approved by the Minnesota Board of Water and Soil Resources in accordance with state law.

(n)

Easements. If a stormwater management plan 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.

(Ord. No. 522, § 3, 5-4-2015)

(a)

Maintenance agreement. The responsible party shall enter into a maintenance agreement with the city that documents all responsibilities for operation and maintenance of all stormwater treatment practices. Such responsibility shall be documented in a maintenance plan and executed through a maintenance agreement. The maintenance agreement shall be executed and recorded against the parcel. The maintenance agreement shall be in a form approved by the city shall describe the inspection and maintenance obligations of this section and shall, at a minimum:

(1)

Designate the responsible party, which shall be permanently responsible for maintenance of the structural or nonstructural measures.

(2)

Pass responsibility for such maintenance to successors in title.

(3)

Grant the city and its representatives the right of entry for the purposes of inspecting all stormwater treatment practices.

(4)

Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party.

(5)

Include a maintenance plan that contains, but is not limited to the following:

a.

Identification of all structural stormwater treatment practices.

b.

A schedule for regular inspection, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to quality, temperature, and quantity of runoff.

c.

Identification of the responsible party for conducting the inspection, monitoring, and maintenance for each practice.

(6)

Identify a schedule and format for reporting compliance with the maintenance plan to the city.

(b)

Inspection of stormwater facility. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the National Pollutant Discharge Elimination System (NPDES) stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices.

As a part of an approved stormwater treatment plan and agreement, when any new stormwater treatment practice is installed on private property, or when any new connection is made between private property and a public drainage control system, or sanitary sewer; the property owner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the city has a reasonable basis to believe that a violation of this article is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this article.

The director of public works, or designated representative, shall inspect all stormwater management facilities during construction, during the first year of operation, and at least once every five years thereafter. The inspection records will be kept on file at the public works department for a period of six years. It shall be responsibility of the applicant to dedicate or obtain any necessary easements or other property interests to allow the city access to the stormwater management facilities for inspection and maintenance purposes.

(c)

Records of installation and maintenance activities. The responsible party shall make records of the installation and of all maintenance and repairs of the stormwater treatment practices, and shall retain the records for at least three years. These records shall be made available to the city during inspection of the stormwater treatment practice and at other reasonable times upon request.

(d)

Failure to maintain practices. If a responsible party fails or refuses to meet the requirements of the maintenance agreement, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the stormwater treatment practice in proper working condition. In the event that the stormwater treatment practice becomes a danger to public safety or public health, the city shall notify the responsible party in writing. Upon receipt of that notice, the Responsible Party shall have thirty days to perform maintenance and repair of the facility in an approved manner. After proper notice, the city may specially assess the owner(s) of the stormwater treatment practice for the cost of repair work and any penalties; and the cost of the work shall be assessed against the property and collected along with ordinary taxes by the county.

(Ord. No. 522, § 3, 5-4-2015)

(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 drainageways, 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 plants or vegetative growth.

(c)

Fertilizer content. No person shall apply any lawn fertilizer, liquid or granular, that contains any amount of phosphorous or other compounds containing phosphorous, such as phosphate, except small quantities when a soil text indicates added phosphorous is needed to support healthy turf growth, or during the first year when new area of turf is being established.

(d)

Buffer zone. Fertilizer applications shall not be made within one rod (16.5 feet) of any wetland or water resource.

(e)

Sale and display of lawn fertilizer. No person, firm, corporation, franchise, or commercial establishment shall sell or display for sale any lawn fertilizer, liquid or granular, within the city that contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, unless:

(1)

Phosphorous-free fertilizer is also available for sale.

(2)

Phosphorous-free fertilizer and fertilizer with phosphorous are separately displayed which each display being clearly marked as to whether or not the fertilizer contains phosphorous.

(3)

Displays of phosphorous-free fertilizer are of equal or greater size and prominence.

(4)

A sign or brochure is on prominent display next to any fertilizer display containing the city's regulations concerning the use of fertilizer with phosphorous.

(Ord. No. 522, § 3, 5-4-2015)

The issuance of a building permit or a permit to allow land disturbing activities constitutes a right-of-entry for the city or its contractor to enter the construction site. The applicant shall allow the city and its authorized representatives to:

(a)

Enter the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys;

(b)

Bring such equipment on the Site as is necessary to conduct such surveys and investigations;

(c)

Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted site;

(d)

Inspect the stormwater treatment practices;

(e)

Sample and monitor any items or activities pertaining to stormwater pollution control measures;

(f)

Correct deficiencies in stormwater and erosion and sediment control measures consistent with this Code and the city's engineering design standards.

(Ord. No. 522, § 3, 5-4-2015)

If city employees have been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Code or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. No. 522, § 3, 5-4-2015)

Any violation of this Article 36 may be enforced via the procedures outlined in Article 10 of this Appendix E.

(a)

Notice of violation. When the city determines that an activity is not being carried out in accordance with the requirements of the stormwater management regulations of this Code, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

(1)

The name and address of the owner of applicant;

(2)

The address when available or a description of the land upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to bring the development activity into compliance with this ordinance and a time schedule for the completion of such remedial action;

(5)

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and

(6)

A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of services notice of violation.

(b)

Stop work orders. Persons receiving a notice of violation will be required to halt all construction activities. This stop work order will be in effect until the city confirms that the land disturbance activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this Code.

(c)

Civil and criminal penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of the stormwater management regulations of this Code shall be guilty of a misdemeanor and subject to prosecution. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.

(Ord. No. 522, § 3, 5-4-2015)

Any person aggrieved by the action of any official charged with the enforcement of the stormwater management regulations of this Code, as the result of the disapproval of a properly filed application for approval, issuance of a written notice of violation, or an alleged failure to properly enforce the ordinance in regard to a specific application, shall have the right to appeal the action pursuant to the procedures outlined in Article 7 of this Appendix E.

(Ord. No. 522, § 3, 5-4-2015)

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

(Ord. No. 522, § 3, 5-4-2015)

The provisions of the stormwater management regulations of this Code are severable. If any provision of these stormwater management regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applicants of these stormwater mnaagement regulations which can be given effect without the invalid provision or application.

(Ord. No. 522, § 3, 5-4-2015)