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

(Code 1997, § 1371.01)

The city 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.

(Code 1997, § 1371.02)

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, achieving a balance between urban growth and development and protection of water quality and natural areas.

(Code 1997, § 1371.03)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means any person who wishes to obtain a building permit, zoning or subdivision approval.

Control measure means a practice or combination of practices to control erosion and attendant pollution.

Detention facility means a permanent natural or manmade structure, including wetlands, for the temporary storage or runoff, which has a stormwater outlet and may have a permanent pool of water.

Dual purpose pond means a detention facility without a permanent pool that functions as both a stormwater ponding basin and as a sedimentation basin. Sediment removal is accomplished through the use of filter media surrounding a slotted outlet pipe, with an overflow outlet set at an elevation that provides for minimum required run off volume and sediment storage.

Flood fringe means that portion of the floodplain outside of the floodway. The term "flood fringe" is synonymous with the term "floodway fringe" used in the flood insurance study for the city.

Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse, which have been or hereafter may be covered by the regional flood. (The critical 100-year storm). Or as may defined by a FEMA approved FIRM.

Floodway means the bed of a wetland or lake and the channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry or store the regional flood discharge.

Hydric soils means soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.

Hydrophytic vegetation means macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.

Land disturbing or development activities means any change of the land surface including removing vegetative cover, excavating, filling, grading, and the construction of any structure.

Person means any individual, firm, corporation, partnership, franchisee, association or governmental entity.

Public waters means waters of the state as defined in M.S.A. § 103G.005, subd. XX.

Regional flood means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the critical 100-year recurrence interval. Regional flood is synonymous with the term "base flood" in the flood insurance study.

Retention facility means a permanent natural or manmade structure that provides for the storage of stormwater runoff by means of a permanent pool of water.

Sediment means solid matter carried by water, sewage, or other liquids.

Structure means anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, mobile or manufactured homes, and other similar items.

Wetlands means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water no deeper than six feet. For purposes of this definition, wetlands must have the following three attributes:

(1)

Have a predominance of hydric soils;

(2)

Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

(3)

Under normal circumstances support a prevalence of such vegetation.

(Code 1997, § 1371.04)

(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 clerk-administrator. No building permit, subdivision approval, or permit to allow land disturbing activities shall be issued until approval of the stormwater management plan or a waiver of the approval requirements has been obtained in strict conformance with the provisions of this article. The provisions of section 36-513 apply to all land, public or private, located within the city.

(b)

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

(1)

Any part of a subdivision if a plat for the subdivision has been approved by the city council on or before the effective date of the ordinance from which this article is derived;

(2)

Any land disturbing activity for which plans have been approved by the watershed management organization within six months prior to the effective date of the ordinance from which this article is derived;

(3)

A lot for which a building permit has been approved on or before the effective date of the ordinance from which this article is derived;

(4)

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles gardening, tree planting, deck construction and other types of construction disturbing one-third acre or less; or

(5)

Emergency work to protect life, limb, or property.

(c)

Waiver. The city council may waive any requirement of this article upon making a finding that compliance with the requirement will involve an unnecessary hardship and the waiver of such requirement will not adversely affect the standards and requirements set forth in section 36-514. The city council may require as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct as may be necessary to adequately meet the standards and requirements.

(Code 1997, § 1371.05)

(a)

Application.

(1)

A written application for stormwater management plan approval, along with the proposed stormwater management plan, shall be filed with the city clerk-administrator 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. Prior to applying for approval of a stormwater management plan, an applicant may have the stormwater management plans reviewed by the appropriate departments of the city.

(2)

Two sets of clearly legible blue or black lined copies of drawings and required information shall be submitted to the city clerk-administrator and shall be accompanied by all required fees for processing and approval as set forth in section 36-515(e), and a bond when required by section 36-515(d) in the amount to be calculated in accordance with that section. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. The drawing size shall be limited to a maximum of 22 inches by 34 inches, and the drawing scale may range from a maximum of one inch equals 20 feet to a minimum of one inch equals 100 feet.

(b)

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 direction arrow, 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, 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, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the state department of natural resources, the state pollution control agency, the county soil and water conservation district or the United States Army Corps of Engineers;

e.

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

f.

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

g.

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

h.

100-year floodplain, flood fringes and floodways.

(2)

Site construction plan. A site construction plan including:

a.

Locations and dimensions of all proposed land disturbing activities and any phasing and phasing time frame 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 article;

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 (in general such erosion control measure shall be installed prior to any grading activity); and

e.

Provisions for maintenance of the construction site erosion control measures during construction.

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

c.

A drainage plan of the developed site delineating 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;

d.

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

e.

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

f.

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

(Code 1997, § 1371.06)

(a)

Process. Applicant prepared stormwater management plans meeting the requirements of section 36-514 shall be submitted to the city clerk-administrator and to the city council for review in accordance with the standards of section 36-516. City council action on the storm management plan must be accomplished within 120 days following the date the application for approval is filed with the city clerk-administrator.

(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 city clerk-administrator for an extension of time to commence construction setting forth the reasons for the requested extension, the city clerk-administrator may grant an extension of not greater than one single year. Receipt of any request for extension shall be acknowledged by the city clerk-administrator within 15 days. The city clerk-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 ensure 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 placement of vegetation, establish required monitoring procedures, stage the work over time, require alteration of the site design to ensure buffering, and require the conveyance to the city or other public entity of certain lands or interests.

(d)

Performance bond. 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 performance bond to cover the amount of the established cost of complying with the agreement. The agreement and performance bond shall guarantee completion and compliance with conditions within a specific time, which time may be extended in accordance with subsection (b) of this section. The performance bond amount shall be determined by the city engineer, and shall be set at 125 percent of the estimated cost of the required improvement. The adequacy, conditions and acceptability of any agreement and performance bond shall be determined by the city council or any official of the city as may be designated by resolution of the city council.

(e)

Fees. All applications for stormwater management plan approval shall be accompanied by a processing and approval fee as required by resolution of the city council.

(Code 1997, § 1371.07)

(a)

Generally. No stormwater management plan which fails to meet the standards contained in this section shall be approved by the city council.

(b)

Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, up-flow chambers, hydro-cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels or a wetland.

(c)

Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried off by runoff into a receiving channel or storm sewer system.

(d)

Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and a length providing a minimum of 50 feet of maintained graveled surface both from the edge of the public or private roadway to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday. Failure to keep the public or private roadway clean may result in the city ordering construction halted until such time as the roadways are properly clean.

(e)

Drain inlet protection. All storm drain inlets shall be protected during construction until control measures are in place with a straw bale, silt fence or equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas."

(f)

Site erosion control. The following criteria in subsections (f)(1) through (4) of this section apply only to construction activities that result in runoff leaving the site:

(1)

Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheet-flow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff rates of less than 0.51 feet three/seconds across the disturbed area for the one-year storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.

(2)

All activities on the site shall be phased or conducted in a logical sequence to minimize the area of bare soil exposed at any one time.

(3)

Runoff from the entire disturbed area on the site shall be controlled by meeting either subsections (f)(3)a and (f)(3)b of this section or subsections (f)(3)a and (f)(3)c of this section.

a.

All disturbed ground left inactive for 14 or more days shall be stabilized by mulching and seeding, or sodding (only available prior to September 15) or by mulching or covering or other equivalent control measure. Straw, hay or other vegetative mulch shall be disc anchored. Geotextile or other approved covering shall be anchored in accordance with the manufacturer's specifications.

b.

For sites with more than ten acres disturbed at one time, or if a channel originates in the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least one percent of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.

c.

For sites with less than ten acres disturbed at one time, silt fences, straw bales, or equivalent control measures shall be placed along all side-slope and down-slope sides 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. Silt fence and swale/ditch checks shall be installed in accordance with the standard plates for "Preassembled Silt Fence" and "Bale Ditch Check" on file in the office of the city engineer. The use of silt fences, straw bales, or equivalent control measures must include a maintenance and inspection schedule.

(4)

Any soil or dirt storage piles containing more than ten cubic yards of material shall not to the exact possible, be located with a down-slope drainage length of less than 25 feet from the toe of the pile to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or silt fence barriers around the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tarps or suitable alternative control, if exposed for more than seven days, and the storm drain inlets must be protected with straw bale or other appropriate filtering barriers.

(g)

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 the two-year, ten-year, and 100-year storm peak discharge rates existing before the proposed development shall not be increased and accelerated channel erosion will not occur as a result of the proposed land disturbing or development activity. An applicant may also be allowed or required to make an in-kind or monetary contribution to the development and maintenance of community stormwater management city for 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)

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

a.

Infiltration of runoff on-site, if suitable soil conditions are available for use;

b.

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

c.

Stormwater retention facilities; and

d.

Stormwater detention facilities.

(4)

A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subsection (g)(1) of this section. Justification shall be provided by the applicant for the method selected.

(h)

Dual-purpose or wet pond. Permanent stormwater detention facilities constructed in the city shall be designed according to the most current technology as reflected in the MPCA publication "Protecting Water Quality in Urban Areas," and shall contain, at a minimum, the following design factors:

(1)

Runoff and sediment storage volume.

(2)

If a permanent pool is to be construed as part of the sedimentation basin (rather than a dual-purpose pond), the following minimum design criteria shall govern:

a.

An average permanent pool depth of four to ten feet;

b.

A permanent pool length-to-width ratio shall be 3:1 or greater;

c.

Pool side slopes shall not exceed 5:1;

d.

A protective buffer strip of vegetation surrounding the permanent pool at a minimum width of 16.5 feet.

(3)

All permanent stormwater detention facilities shall have a device to keep oil, grease and other floatable material from moving downstream as a result of normal operations.

(4)

Stormwater detention facilities for new development must be sufficient to limit peak flows in each subwatershed to those that existed before the development for the ten-year storm event. All calculations and hydrologic models/information used in determining peak flows shall be submitted along with the stormwater management plan.

(i)

Wetlands.

(1)

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

(2)

A protective buffer strip of natural vegetation at least 16.5 feet in width shall surround all wetlands.

(3)

Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public 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. Compensation, including the replacement ratio and quality of replacement shall be consistent with the requirements outlined in the rules which will be adopted by the board of water and soil resources to implement the Wetland Conservation Act of 1991.

(j)

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

(k)

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

(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 signed by a registered professional engineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the public works director.

(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 M.S.A. §§ 103B.231 and 103B.255, respectively, and as approved by the state 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 at a point, which presently does not receive runoff, 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.

(Code 1997, § 1371.08)

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

(Code 1997, § 1371.09)

(a)

Purpose. The city understands that rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. The purpose of this article is to regulate the use of sealer products within the city, in order to protect, restore, and preserve the quality of its waters.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Asphalt-based sealer means a petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar.

Coal tar means a byproduct of the process used to refine coal.

Coal tar-based sealer means a sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces.

MPCA means The Minnesota Pollution Control Agency.

PAHs means polycyclic aromatic hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances which are present in coal tar and believed harmful to humans, fish, and other aquatic life.

(c)

Prohibitions.

(1)

No person shall apply any coal tar-based sealer to any driveway, parking lot, or other surface within the city.

(2)

No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar-based sealer to any driveway, parking lot, or other surface within the city.

(3)

No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar-based sealer to any driveway, parking lot, or other surface within the city.

(d)

Asphalt-based sealcoat products. The provisions of this article shall only apply to use of coal tar-based sealer in the city and shall not affect the use of asphalt-based sealer products within the city.

(e)

Penalty. Any person violating any provision of this article shall be guilty of a misdemeanor.

(f)

Severability. If any provision of this article is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.

(Code 1997, § 1371.11)

Every person violates a section, subdivision, paragraph or provision of this article when he performs an act prohibited or declared unlawful, or fails to act when such failure is prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.

(Code 1997, § 1371.99)

Editor's note— Ord. No. 2021-04, adopted March 18, 2021, repealed § 36-520, which pertained to moratoria and derived from Ord. No. 2015-9, § 1372, adopted Dec. 17, 2017. Section 36-521 was enacted to explain said moratorium repleal.

(a)

Authority. The city is authorized under M.S.A. § 462.355, subd. 4 to regulate, restrict or prohibit a use, development or subdivision within the jurisdiction or a portion thereof while the city is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls.

(b)

Section 36-522. The city adopted section 36-522 in January 2020 and amended it in December 2020 to establish and extend a moratorium on new development or subdivision within the Bailey Road zoning study area.

(c)

Completion of Bailey Road area study. The city's planning commission and council completed the zoning study for the Bailey Road area in February 2021. The planning commission held a public hearing on the proposed zoning district and regulations for the area. The city council adopted the new official controls, including the zoning district and regulations on March 4, 2020.

(d)

Repeal of the Bailey Road study area zoning moratorium (section 36-522). The city hereby repeals section 36-522, the moratorium on development in the Bailey Road study area.

(Ord. No. 2021-04, 3-18-2021)