HomeMy WebLinkAbout6.j MS4 Ordinance Approval and Summary PublicationROSEMOUNTEXECUTIVE SUMMARY
UTILITY COMMISSION
City Council Regular Meeting: February 17, 2015
AGENDA ITEM: MS4 Ordinance Approval and Summary
AGENDA SECTION:
Publication
Consent
PREPARED BY: Christine Watson, Public Works
AGENDA NO.
6j.
Coordinator
ATTACHMENTS: Resolution; Ordinance
APPROVED BY: ddi
RECOMMENDED ACTION:
Motion to Approve Ordinance 2015-01 - An Ordinance Repealing The Rosemount City
Code Title 10, Chapter 1, Surface Water Management Ordinance and Replacing with
New City Code Title 10, Chapter 1
and
Motion to Approve a Resolution Approving Summary Publication of Ordinance 2015-01
ISSUE
Staff is requesting City Council approval to repeal and replace City Code Title 10, Chapter 1, Surface
Water Management, as well as authorization for a summary publication of the Ordinance.
BACKGROUND
As discussed at the February 9, 2015, City Council Work Session, numerous changes and additions to
Title 10 - Chapter 1 are necessary to comply with the requirements of the new MS4 Permit. The
changes have been reviewed by City staff and the City Attorney.
Because publication of the entire Ordinance would be cost -prohibitive, staff is requesting City Council
adoption of a Resolution authorizing a summary publication, which is allowed by Minnesota Statute
412.191, Subd. 4. This statute allows for the publication of the "title and summary" in place of the
entire text, as long as the text is first approved by City Council.
SUMMARY
Staff is requesting City Council approval to repeal and replace Title 10 — Chapter 1, as well as approval
of a resolution approving summary publication of the revised ordinance.
G:\b1S4 Permit\20150217 CC NfS4 Ordinance Approval.docx
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RESOLUTION NO. 2015 -
RESOLUTION APPROVING SUMMARY PUBLICATION OF
ORDINANCE NO. 2015 - 01
WHEREAS, the City has approved the above referenced ordinance; and
WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of
publication of the complete text is not justified; and
WHEREAS, Minnesota Statutes §412.191, Subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the following summary clearly informs the public of the intent and effect
of the ordinance.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount
that the following summary is hereby approved for official publication in lieu of the entire
ordinance:
SUMMARY PUBLICATION
ORDINANCE NO. 2015 - 01
AN ORDINANCE REPEALING THE ROSEMOUNT CITY CODE
TITLE 10, CHAPTER 1, SURFACE WATER MANAGEMENT ORDINANCE
AND PROVIDING A NEW TITLE 10, CHAPTER 1
On February 17, 2015, the Rosemount City Council approved an ordinance
designated as Ordinance No. 2015-01, the title of which is stated above. The purpose
of the Ordinance is to promote, preserve, enhance and protect the natural resources
within the city by regulating activities that would have an adverse impact on water
quality and environmentally sensitive land. The ordinance establishes detailed
standards and procedures to accomplish this goal. Copies of the ordinance are
available for public inspection in the office of the City Clerk during normal business
hours or upon request by calling 651-322-2003.
/s/ Clarissa Hadler, City Clerk
BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the
ordinance in her office at City Hall for public inspection and to post a full copy of the
ordinance in a public place in the City for a period of two weeks.
Adopted by the City Council of the City of Rosemount, Minnesota this 17th day of
February, 2015.
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
E
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. 2015 - 01
AN ORDINANCE REPEALING THE ROSEMOUNT CITY CODE
TITLE 10, CHAPTER 1, SURFACE WATER MANAGEMENT
ORDINANCE AND PROVIDING A NEW TITLE 10, CHAPTER 1
The City Council of the City of Rosemount, Minnesota, ordains that the
Rosemount City Code is amended as follows:
Section 1. Title 10, Chapter 1, of the Rosemount City Code is repealed in its entirety.
Section 2. The Rosemount City Code is amended by adding a new Title 10, Chapter 1 — Water
Resources Management, Surface Water Management — as follows:
Title 10 - Water Resources Management
Chapter 1
SURFACE WATER MANAGEMENT
10-1-1: STATUTORY AUTHORIZATION:
10-1-2: FINDINGS:
10-1-3: PURPOSE:
10-1-4: DEFINITIONS:
10-1-5: SCOPE AND EFFECT:
10-1-6: INCORPORATION BY REFERENCE:
10-1-7: DEVELOPMENT SITE STORMWATER MANAGEMENT PLAN APPROVAL
PROCEDURES:
10-1-8: PLAN REVIEW PROCEDURE:
10-1-9: APPROVAL STANDARDS:
10-1-10: SURFACE WATER RELATED FEES:
10-1-11: WETLANDS:
10-1-12: EROSION AND SEDIMENT CONTROL:
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10-1-13: STORMWATER MANAGEMENT FOR PERMANENT FACILITIES
10-1-14: LAWN FERTILIZER REGULATIONS:
10-1-15: PENALTY:
10-1-16: APPEALS
10-1-17: OTHER CONTROLS:
10-1-1: STATUTORY AUTHORIZATION
This chapter is adopted pursuant to Minnesota statutes, section 462.351 (1990).
10-1-2: FINDINGS
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.
10-1-3: PURPOSE:
The purpose of this chapter 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.
10-1-4: DEFINITIONS:
For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall
have the meanings stated below. When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural number include the singular number,
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and words in the singular number include the plural number. The word "shall" is always
mandatory and not merely directive.
APPLICANT: Any person who wishes to obtain a building permit, zoning or subdivision
approval.
BEST MANAGEMENT PRACTICES (BMPs): The most effective and practicable means of
erosion prevention and sediment control, and water quality management practices that are the
most effective and practicable means of to control, prevent, and minimize degradation of
surface water, including avoidance of impacts, construction -phasing, minimizing the length of
time soil areas are exposed, prohibitions, pollution prevention through good housekeeping, and
other management practices published by state or designated area -wide planning agencies.
CITY: The city of Rosemount.
CITY ENGINEER: The professional engineer designated by the city as city engineer or a
representative thereof.
CLEARING: Any activity that removes the vegetative surface cover.
CONSERVATION EASEMENT: Legal land preservation agreement between a landowner and
a municipality or a qualified land protection organization. The easement confers the transfer of
usage rights from one parry to another.
CONSTRUCTION ACTIVITY: A disturbance to the land that results in a change in the
topography, existing soil cover (both vegetative and nonvegetative), or the existing soil
topography that may result in accelerated stormwater runoff, leading to soil erosion and
movement of sediment into surface waters or drainage systems. Examples of construction
activity may include clearing, grading, filling and excavating. Construction activity includes the
disturbance of less than one acre of total land area that is a part of a larger common plan of
development or sale if the larger common plan will ultimately disturb one acre or more.
CONTROL MEASURE: A practice or combination of practices to control erosion, sediment
transport and attendant pollution.
CONTROL PLAN: A plan indicating the specific measures and sequencing to be used to
control grading, sediment and erosion on a development site during and after construction.
DETENTION FACILITY: A permanent natural or manmade structure, including wetlands, for
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the temporary storage of runoff which contains a permanent pool of water.
DEVELOPER: Any person, group, firm, corporation, sole proprietorship, partnership, state
agency, or political subdivision thereof engaged in a land disturbance activity.
DEVELOPMENT: Any land disturbance activity that changes the site's runoff characteristics in
conjunction with residential, commercial, industrial or institutional construction or alteration.
DEWATERING: The removal of water for construction activity. It can be a discharge of
appropriated surface or ground water to dry and/or solidify a construction site. It may require
Minnesota department of natural resources permits to be appropriated and if contaminated may
require other MPCA permits to be discharged.
DRAINAGEWAY: Any channel that conveys surface runoff throughout the site.
EROSION: Any process that wears away the surface of the land by the action of water
EROSION CONTROL: Refers to methods employed to prevent erosion. Examples include soil
stabilization practices, horizontal slope grading, temporary or permanent cover, and
construction phasing.
EROSION PREVENTION: Any measures employed to prevent erosion. Examples include, but
are not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent
cover, and construction phasing.
EXPOSED SOIL AREAS: All areas of the construction site where the vegetation (trees, shrubs,
brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone
to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the
construction site.
FINAL GRADE: Excavation or fill of material to final smooth condition. Final grade completed
as part of individual site development.
FINAL STABILIZATION:
A. All soil disturbing activities at the site have been completed and a uniform (e.g., evenly
distributed, without large bare areas) perennial vegetative cover with a density of
seventy percent (70%) of the native background vegetative cover for the area has been
established on all unpaved areas and areas not covered by permanent structures, or
equivalent permanent stabilization measures (such as the use of riprap, gabions, or
geotextiles) have been employed;
B. For individual lots in residential construction by either: 1) the homebuilder completing
final stabilization as specified above, or 2) the homebuilder establishing temporary
stabilization including perimeter controls for an individual lot prior to occupation of the
home by the homeowner and informing the homeowner of the need for, and benefits of,
final stabilization. (Homeowners typically have an incentive to put in the landscaping
functionally equivalent to final stabilization as quick as possible to keep mud out of their
homes and off sidewalks and driveways.); or
C. For construction projects on land used for agricultural purposes (e.g., pipelines across
crop or range land) final stabilization may be accomplished by returning the disturbed
land to its preconstruction agricultural use. Areas disturbed that were not previously used
for agricultural activities, such as buffer strips immediately adjacent to surface waters and
drainage systems, and areas which are not being returned to their preconstruction
agricultural use must meet the final stabilization criteria in subsection A or B of this
definition.
FLOOD FRINGE: The portion of the floodplain outside of the floodway.
FLOODPLAIN: The areas adjoining a watercourse or water basin that have been or may be
covered by a regional flood.
FLOODWAY: The channel of the watercourse, the bed of water basins, and those portions of the
adjoining floodplains that are reasonably required to carry and discharge floodwater and provide
water storage during a regional flood.
GRADING: Excavation or fill of material, including the resulting conditions thereof.
GRADING, EROSION AND SEDIMENT PLANS: A set of plans prepared by or under the
direction of a licensed professional engineer. Plans are required to meet the specifications as
detailed in the city of Rosemount "Plan Requirements And Design Guidelines".
HYDRIC SOILS: Soils that are saturated, flooded, or ponded long enough during the growing
season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION: 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.
IMPERVIOUS SURFACE: 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 development. Examples include rooftops, sidewalks, patios, driveways,
parking lots, storage areas, and concrete, asphalt, or gravel roads.
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LAND DISTURBING OR DEVELOPMENT ACTIVITIES: Any change of the land surface
including removing vegetative cover, excavating, filling, grading, and the construction of any
structure.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The program
for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under
the clean water act (sections 301, 318, 402, and 405) and United States Code of Federal
Regulations title 33, sections 1317, 1328, 1342, and 1345.
PERIMETER CONTROL: A barrier that prevents sediment from leaving a site by filtering
sediment laden runoff or diverting it to a sediment trap or basin.
PERMANENT COVER: Final site stabilization. Examples include grass, gravel, asphalt, and
concrete. See also the definition of "final stabilization."
PERMIT: A permit issued by the municipality for the construction or alteration of ground.
PERSON: Any individual, firm, corporation, partnership, franchisee, association or
governmental entity.
PHASING: Clearing a parcel of land in distinct phases, with the stabilization of each phase
completed before the clearing of the next.
PLAN REQUIREMENTS AND DESIGN GUIDELINES: Manual detailing city specifications
for all plan requirements.
PUBLIC WATERS: Waters of the state as defined in Minnesota statutes, section 103G.005,
subdivision 15.
ROUGH GRADE: Excavation or fill of material to a condition suitable for general maintenance.
SEDIMENT: The product of an erosion process; solid material both mineral and organic, that is
in suspension, is being transported, or has been moved by water, wind, or ice, and has come to
rest on the earth's surface either above or below water level.
SEDIMENTATION: The process or action of depositing sediment.
SEDIMENT CONTROL: Measures and methods employed to prevent sediment from leaving the
site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales,
check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or
permanent sedimentation basins.
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SITE: A parcel of land or a contiguous combination thereof, where grading work is performed as
a single unified operation.
SITE DEVELOPMENT: Improvements and structures for the control of erosion, runoff, and
grading.
SOIL: The unconsolidated mineral and organic material on the immediate surface of the earth.
For the purposes of this document temporary stockpiles of clean sand, gravel, aggregate,
concrete or bituminous materials (which have less stringent protection ) are not considered "soil"
stockpiles.
STABILIZED: The exposed ground surface has been covered by appropriate materials such as
mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from
occurring. Grass seeding is not stabilization.
STANDARD PLATES: General drawings having or showing similar characteristics or qualities
that are representative of a construction practice or activity.
START OF CONSTRUCTION: The first land disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling; installation of streets and
walkways; excavation for basements, footings, piers, or foundations; erection of temporary
forms; and installation of accessory buildings such as garages.
STORMWATER: Defined under Minnesota rules 7077.0105, subp. 41(b), and includes
precipitation runoff, stormwater runoff, snow melt runoff, and any other surface runoff and
drainage.
STORMWATER POLLUTION PREVENTION PLAN: A plan for stormwater discharge that
includes erosion prevention measures and sediment controls that, when implemented, will
decrease soil erosion on a parcel of land and decrease off site nonpoint pollution.
STRUCTURE: Anything manufactured, constructed or erected which is normally attached to or
positioned on land, including portable structures, earthen structures, roads, parking lots, and
paved storage areas.
SURFACE WATER OR WATERS: All streams, lakes, ponds, marshes, wetlands, reservoirs,
springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether
natural or artificial, public or private.
TEMPORARY EROSION PROTECTION: Methods employed to prevent erosion. Examples of
temporary cover include straw, wood fiber blanket, wood chips, and erosion netting.
WATERCOURSE: Any body of water, including, but not limited to, lakes, ponds, rivers,
streams, and bodies of water delineated by Rosemount.
WATERWAY: A channel that directs surface runoff to a watercourse or to the public storm
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drain.
WETLAND OR WETLANDS: Defined in Minnesota rules 7050.0130, subp. F and includes
those areas that are inundated or saturated by surface water or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater
treatment are not waters of the state. Wetlands must have the following attributes:
A. A predominance of hydric soils;
B. Inundated or saturated by surface water or ground water at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a
saturated soil condition; and
C. Under normal circumstances support a prevalence of such vegetation.
10-1-5: SCOPE AND EFFECT
A. Applicability:
1. Every applicant for a subdivision approval or a permit to allow land disturbing
activities must submit a storm water management plan to the city engineer. No
subdivision approval, or grading permit to allow land disturbing activities, shall be
issued until approval of the storm water management plan or a waiver of the approval
requirement has been obtained in strict conformance with the provisions of this
chapter.
2. Every applicant for a subdivision approval or a grading permit to allow wetland
disturbing activities must submit a wetland assessment report to the city engineer. No
subdivision approval, or grading permit to allow wetland disturbing activities shall be
issued until approval of the wetland replacement plan application or a certificate of
exemption has been obtained in strict conformance with the provisions of this chapter
and the Minnesota wetland conservation act. This chapter applies to all land, public or
private, located within the city.
3. Every applicant for a building permit, subdivision approval, or a grading permit to
allow land disturbing activities must adhere to erosion control measure standards and
specifications in strict conformance with the provisions of this chapter and the
specifications and be consistent with National Pollution Discharge Elimination Permit
10
(NPDES general construction permit) or as approved by the city engineer or
designated representative.
10-1-6: INCORPORATION BY REFERENCE
The following are incorporated into this chapter by reference:
A. The Rosemount Comprehensive Wetland Management Plan.
B. The Rosemount Surface Water Management Plan.
C. The Rosemount storm water utility policy.
D. The Minnesota Wetland Conservation Act. (Ord. XI.29, 11-20-2007).
E. The National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES
general construction permit) issued by the Minnesota Pollution Control Agency, August
1, 2013, as amended.
10-1-7: DEVELOPMENT SITE STORMWATER MANAGEMENT PLAN
APPROVAL PROCEDURES:
A. Application: A written application for stormwater management plan approval, along with
the proposed stormwater management plan and grading plan, shall be filed with the city
engineer 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 chapter. Prior to applying for approval of a stormwater
management plan, an applicant may have the stormwater management and grading plans
reviewed by the appropriate departments of the city.
Five (5) sets of clearly legible blue or black lined copies of all drawings on bond paper
are required. Required information shall be submitted to the city engineer and shall be
accompanied by a receipt from the finance department evidencing the payment of all
required fees for processing and approval as set forth in section 10-1-9 of this chapter,
and security when required by subsection 10-1-8D of this chapter in the amount to be
calculated in accordance with that subsection.
Stormwater management and grading plan drawings shall be prepared to a scale
appropriate to the site of the project and suitable for the review to be performed. At a
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minimum the scale shall be 1 to 600 (1 inch = 50 feet). Drawing sheets shall be 22 by 34
inches.
B. Stormwater Management Plan: At a minimum, the stormwater management plan shall
contain the following:
1. Existing Site Map: A map of existing site conditions showing the site and
immediately adjacent areas within 200 feet, and including:
a. The names, addresses, telephone numbers, and fax numbers of the applicant,
owner, developer, surveyor, engineer and contact person.
b. The section, township and range, north point oriented either up or to the right,
date and scale of drawing and number of sheets.
c. Plat names and block, lot and outlot boundaries for adjacent platted property
and full property identification numbers for adjacent un -platted property.
d. 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.
e. Location and indication of demolition, relocation, or abandonment of existing
structures, driveways, septic systems, alternate septic systems and wells.
f. Existing underground and overhead utilities, easements and rights of way.
g. Existing topography with a contour interval appropriate to the topography of
the land but in no case having a contour interval greater than 2 feet.
h. Existing topographic contours extending beyond the site 200 feet or enough to
completely show the limits of drainage basins not fully contained within the
proposed plat limits.
i. A delineation of all streams, rivers, ponds, public waters and wetlands located
on and immediately adjacent to the site, including depth of water, a statement
of general water quality and any classification given to the water body or
wetland by the Minnesota department of natural resources (include MNDNR
number and ordinary high water level), the Minnesota pollution control
12
agency, the U.S. fish and wildlife service, and/or the United States army corps
of engineers.
j. The city's most recent stormwater management plan district number along
with normal and high water levels for ponds.
k. 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.
1. 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.
in. Vegetative cover such as brush, grass and trees, including tree diameters, and
clearly delineating any vegetation proposed for removal.
n. The 10 -year and 100 -year floodplains, flood fringes and floodways.
2. Site Grading Plan: 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 1
to 600 (1 inch = 50 feet). Drawing sheets shall be 22 by 34 inches. A site grading plan
shall include:
a. The section, township and range, north point oriented either up or to the right,
date, revision number, scale of drawing and number of sheets.
b. Signature and Minnesota license number of the professional land surveyor or
professional engineer under whose supervision the plan was prepared.
c. Proposed septic systems, alternative septic systems and wells.
d. Locations and dimensions of all proposed land disturbing activities and any
phasing of those activities.
e. Locations and dimensions of all temporary soil or dirt stockpiles.
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f. Existing topography with a contour interval appropriate to the topography of
the land but in no case having a contour interval greater than 2 feet.
g. Existing topographic contours extending beyond the site 200 feet or enough to
completely show the limits of drainage basins not fully contained within the
proposed plat limits.
h. 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.
i. All lot corner elevations and bench marks utilized.
j. The proposed footprint and intended use of any structures or driveways to be
constructed on the site.
k. A delineation of all streams, rivers, ponds, public waters and wetlands located
on and immediately adjacent to the site, including depth of water, a statement
of general water quality and any classification given to the water body or
wetland by the Minnesota department of natural resources (include MNDNR
number and ordinary high water level), the Minnesota pollution control
agency, the U.S. fish and wildlife service, and/or the United States army corps
of engineers.
1. The city's most recent stormwater management plan district number along
with pond storage volume and normal and high water levels for ponds.
in. Emergency overflow routes from all low points, elevation of high point along
overflow route and directional flow arrows.
n. A drainage plan of the developed site delineating 10 -year and 100 -year design
drainage area/watershed and hydrologic/hydraulic calculations verifying
location and capacity of all overland drainage routes.
o. Access routes for maintenance to all inlets, outlets, manholes, and lift stations
at ponding areas proposed.
p. A clear delineation and tabulation of all areas which shall be paved or
surfaced, including a description of the surfacing material to be used.
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q. 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.
r. Any other information pertinent to the particular project which in the opinion
of the applicant or the city engineer is necessary for the review of the project.
s. Within thirty (30) days after completion of site development as per the
approved grading plan, and prior to the approval of individual building
permits, the developer shall provide the city with an as built grading plan.
3. Erosion and Sediment Control Plans: At a minimum, a separate erosion control plan is
required that will accompany the grading plan. No land shall be disturbed until the plan is
approved by the city engineer and conforms to the standards set forth herein. All plans
shall be consistent with National Pollutant Discharge Elimination Permit (NPDES
construction general permit) requirements, and the filing or approval requirements of
relevant Watershed Districts, Watershed Management Organizations, Ditch Authorities,
Soil and Water Conservation Districts, or other regulatory bodies.
a. The erosion and sediment control plan shall include the following:
i. A project description of the nature and purpose of the land -disturbing
activity and the amount of grading involved.
ii. All existing site conditions, including existing soils, topography,
vegetation (including size and type cover), natural resources and
drainage.
iii. All critical erosion areas for areas on the site that have potential for
serious erosion problems.
iv. A description of how the site will be stabilized after construction is
completed, including specifications.
V. A schedule of regular inspections and repair of erosion and sediment
control structures.
vi. A project schedule describing the projected timeline for completion of
all site activities and the sequence of construction of the development
15
site, including stripping and clearing; rough grading; construction of
utilities, infrastructure, and buildings; and final grading and
landscaping. Sequencing shall identify the expected date on which
clearing will begin, phasing of clearing or grading, the estimated
duration of exposure of cleared areas, areas of clearing, installation of
temporary erosion and sediment control measures, and establishment
of permanent vegetation.
vii. All erosion and sediment control measures necessary to meet the
objectives of this local regulation and state and federal regulations
throughout all phases of construction and after completion of
development of the site. Depending upon the complexity of the
project, the drafting of intermediate plans may be required at the close
of each season. All of the following requirements shall be adhered to
during the construction of the site:
a) Stabilize all soils and soil stockpiles within the shortest feasible
period of time, and according to the timelines established in the
NDPES construction general permit.
b) Prevent sediment damage to adjacent properties and other
designated areas.
c) Develop land in increments of workable sizes so that adequate
erosion and sediment controls can be provided as construction
progresses.
d) Coordinate erosion and sediment control measures with the
different stages of construction. Install appropriate control
measures prior to development when necessary to control
erosion.
e) Engineer the construction of steep slopes.
f) Use of temporary sediment basins is encouraged when
construction projects will impact steep slopes or when highly
erodible soils are present. Temporary sediment basins must be
designed according to NPDES construction general permit
requirements.
g) Protect storm sewers and paved roads from the entrance of
sediment.
h) Manage solid and hazardous wastes on site and properly
dispose of wastes.
i) When working in or crossing water bodies, take precautions to
contain sediment.
irf,
j) Insure that a trained person will regularly inspect the
construction site, according to the timelines established in the
NPDES construction general permit.
k) Maintain all temporary or permanent erosion and sediment
control practices, according to the timelines established in the
NPDES construction general permit.
1) Establish permanent vegetation upon completion of the
construction activity.
m) Dispose of temporary erosion and sediment control measures
following final stabilization.
n) Seeding mixtures and rates, types of sod, method of seedbed
preparation, expected seeding dates, type and rate of lime and
fertilizer application, and kind and quantity of mulching for
both temporary and permanent vegetative control measures.
Required specifications are detailed in the city of Rosemount
general specifications and "Plan Requirements and Design
Guidelines" manual.
o) Use methods of dewatering to reduce the discharge of turbid or
sediment -laden waters and prevent nuisance conditions.
p) Use methods to manage solid and hazardous wastes, and limit
the exposure of stormwater to any products, materials, and
wastes and to prevent the contamination of stormwater.
4. Stormwater Management for Permanent Facilities: Stormwater control facilities
included as part of the final design for a permanent development shall be addressed in
Section 10-1-13 of this chapter. Post -construction stormwater management BMPs
must be submitted to the city for review and approval before construction activity
may begin.
5. Waiver: Any or all of the above plan requirements in this subsection B may be
waived by the city engineer.
10-1-8: PLAN REVIEW PROCEDURE:
A. Process: Stormwater management plans meeting the requirements of section 10-1-7 of
this chapter shall be submitted to the city engineer for review in accordance with the
standards of section 10-1-9 of this chapter.
B. Duration: Approval of a plan submitted under the provisions of this chapter 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
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written request to the city engineer for an extension of time to commence construction
setting forth the reasons for the requested extension, the city engineer may grant one
extension of not greater than one single year. Receipt of any request for an extension
shall be acknowledged by the city engineer within fifteen (15) days. The city engineer
shall make a decision on the extension within thirty (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
chapter 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, require turf is established in specified areas, require
erosion control measures have been removed and their removal area inspected, and
landscaping is completed, 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 therein.
D. Security: 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 irrevocable, automatically renewing letter of
credit, performance bond or other improvement security in the amount specified by the
current city ordinance for fee schedule. The security shall cover all costs of engineering
and inspection, site improvements, street sweeping, repairs to erosion control measures,
and maintenance of improvements for such period as specified by the city. Such security
shall be provided prior to the release of the grading permit. The security shall be released
after final stabilization is complete, erosion control measures have been removed and
their removal area inspected. The agreement 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 adequacy, conditions and acceptability of any agreement and security shall be
determined by the city council or any official of the city as may be designated by
resolution of the city council.
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10-1-9: APPROVAL STANDARDS:
No stormwater management plan which fails to meet the standards contained in this section shall
be approved by the city engineer.
A. Surface Water Management Plan: See the most recent version of the city's surface water
management plan. All stormwater management plans shall be consistent with it.
B. Site Erosion and Sediment Control: Erosion control measures specified in grading plans
must meet all requirements of section 10-1-12 of this chapter.
C. Wetlands: Plans must meet all requirements for wetlands contained in section 10-1-11 of
this chapter.
D. Comprehensive Wetland Management Plan: See the most recent version of the city's
comprehensive wetland management plan. All stormwater management plans shall be
consistent with it.
E. Stormwater Management Criteria for Permanent Facilities: Plans must meet all
requirements for permanent facilities contained in section 10-1-13 of this chapter. See the
most recent version of the city's surface water management plan. All stormwater
management plans shall be consistent with it.
F. Design Standards: See the most recent version of the city's surface water management
plan. All stormwater management plans shall be consistent with it.
G. Steep Slopes: No land disturbing or development activities shall be allowed on slopes of
twenty five percent (25%) or more.
H. Retaining Walls: Retaining walls shall not be allowed in any city drainage, ponding or
utility easement.
I. Catch Basins: Newly installed and rehabilitated catch basins shall be provided with a
sump area for the collection of coarse grained material as specified by the city engineer.
Such basins shall be cleaned when they are half filled with material or as resources allow.
J. 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.
K. Structures: See the most recent version of the city's surface water management plan. All
stormwater management plans shall be consistent with it.
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L. Inspection And Maintenance: All stormwater management facilities shall be designed to
minimize the need of maintenance, to provide access for maintenance purposes and to be
structurally sound. All stormwater management facilities shall have a plan of operation
and maintenance that assures continued effective removal of pollutants carried in
stormwater runoff. It shall be the responsibility of the applicant to obtain any necessary
easements or other property interests to allow access to the stormwater management
facilities for inspection and maintenance purposes. The city may require a developer to
enter into a contract providing for access to perform maintenance and inspection to public
or private stormwater management facilities.
M. 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, specification 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.
N. Watershed Management Plans/Ground Water Management Plans: Stormwater
management plans shall be consistent with adopted watershed management plans and
ground water management plans prepared in accordance with Minnesota statutes sections
103B.231 and 10313.255, respectively, and as approved by the Minnesota board of water
and soil resources in accordance with state law.
O. Easements:
1. 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.
2. Easements are required for all ponding areas to the basin's 100 -year storm high water
level elevation.
3. Easements are required for all outlet swales and ditches, and for overland overflow
routes located downstream of basins located on site.
4. If the storm sewer is to be installed less than 10 feet deep within private property, the
easement shall be a minimum of 20 feet wide. If the storm sewer is 10 feet or greater,
the easement shall be twice as wide as the depth.
5. Easements necessary for maintenance vehicle access are required for all of the above
where not directly available on a public road.
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10-1-10: WETLANDS
A. Assessment Report Required: Every applicant for a subdivision approval or a grading
permit to allow wetland disturbing activities must submit a wetland assessment report to
the city engineer. No subdivision approval, or grading permit to allow wetland disturbing
activities shall be issued until approval of the wetland replacement plan application or a
certificate of exemption has been obtained in strict conformance with the provisions of
this chapter and the Minnesota wetland conservation act. This section applies to all land,
public or private, located within the city.
B. Consistency with Comprehensive Wetland Management Plan: Utilization and
development impacts to wetlands shall be consistent with the city's comprehensive
wetland management plan.
C. Impacts to Wetland:
1. Concentrated runoff discharge into wetlands shall be consistent with the storm water
management guidelines within the Rosemount comprehensive wetland management
plan.
2. A protective buffer strip of natural vegetation of width prescribed by the Rosemount
comprehensive wetland management plan 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 approved substitute
wetland resources or environments.
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10-1-12: EROSION AND SEDIMENT CONTROL:
A. Design Criteria: At minimum erosion control practices, sediment control practices, and
waterway crossings shall meet the design criteria set forth below and shall be consistent
with city of Rosemount general specifications and "Plan Requirements And Design
Guidelines" manual.
1. Cut and fill slopes shall be no greater than four to one (4:1), except as approved by
the city engineer.
2. Clearing, except that necessary to establish sediment control devices, shall not begin
until all sediment control devices have been installed and have been stabilized.
3. Phasing may be required on all sites based on site specifics, with the size of each
phase to be established at plan review and as approved by the city engineer/city of
Rosemount.
4. Proposed erosion control measures may be approved by the city engineer as part of a
grading plan review toward grading or building permit approval. Erosion control may
be specified by the city engineer as part of a site survey for individual building
permits. Erosion control may also be specified by the city engineer as needed and
deemed appropriate during the construction and post -construction periods separate
from the process described below.
B. Specifications: At a minimum, applicants shall meet the specifications set forth below
and observe the standards established in NPDES construction general permit
requirements and the city's surface water management plan.
1. Soil Stabilization: Soil stabilization shall be completed in a time period as specified
by the NPDES construction general permit and the city's general specifications and
standards. The city of Rosemount may require the site to be reseeded or a
nonvegetative option employed.
2. Seeding: Seeding shall be in accordance with seeding specifications. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention.
3. Special Techniques: Special techniques that meet the design criteria outlined in "Plan
Requirements And Design Guidelines" shall be in place on steep slopes or in drainage
ways and shall be used to ensure stabilization. Special techniques may include:
temporary sediment basins, slope draining and terracing.
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4. Soil Stockpiles: Soil stockpiles which shall be inactive for a period of seven (7) or
more days must be stabilized or covered at the end of each workday. Stockpiles shall
include perimeter sediment controls and must not be placed in natural buffers or
surface waters, including stormwater conveyances.
5. Ninety Percent Coverage: The entire site must be stabilized at a ninety percent (90%)
coverage, using a heavy mulch layer or another method that does not require
germination to control erosion, at the close of the construction season.
6. Site Development Sediment Controls: Site development sediment controls practices
shall include those identified in the city's general specifications including, but not
limited to:
a. Settling basins, sediment traps, or tanks.
b. Protection for adjacent properties by the use of a vegetated buffer strip in
combination with perimeter controls.
c. Perimeter control including machine sliced silt fence or other city approved
BMP, which shall be in place before, during and after grading of the site.
Fencing shall be removed only after seventy percent (70%) stabilization.
d. Designated as a temporary construction staging area.
7. Temporary sediment basins: For sites that have more than ten (10) acres of disturbed
soil that drains to a common location (or five (5) or more acres for special or impaired
waters), one or more temporary sediment basins shall be constructed. Use of
temporary basins is encouraged when construction projects will impact steep slopes
or when highly erodible soils are present. The basin shall provide treatment to the
runoff before it leaves the construction site or enters surface waters. The temporary
sediment basins must be designed and constructed as follows:
a. Provide live storage for a calculated volume of runoff from a 2 -year, 24-hour
storm from each acre drained to the basin. All basins shall provide at least
1,800 cubic feet of live storage from each acre drained or more.
b. For basins where the calculation in Section 10-1-12, B.7.a. has not been
performed, a temporary sediment basin providing 3,600 cubic feet of live
storage from each acre drained to the basin shall be provided for the entire
drainage area of the temporary basin.
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c. The outlet structure must be designed to withdraw water from the surface in
order to minimize the discharge of pollutants.
d. The basin outlet shall be designed to prevent short-circuiting and the
discharge of floating debris.
e. Ensure the basin can be completely drawn down to conduct maintenance
activities.
f. Include energy dissipation on the outlet of the basin and a stabilized
emergency overflow to prevent failure of pond integrity.
g. Be located outside of surface waters or any buffer zone, and be designed to
avoid draining water from wetlands unless appropriate approval from the U.S.
Army Corps of Engineers and the Minnesota Department of Natural
Resources is obtained.
h. If installation of a temporary sediment basin is not feasible, equivalent
sediment controls such as smaller sediment basins, and/or sediment traps, silt
fences, vegetative buffer strips, or any appropriate combination of measures
are required for all down-slope boundaries of the construction area and for
side -slope boundaries where appropriate. Determination of feasibility shall be
documented in the erosion and sediment control plan.
8. Individual Construction Site Sediment Controls: Individual construction site sediment
controls shall be installed as specified in the city's "Plan Requirements And Design
Guidelines" and shall include:
a. Rock construction entrance (driveway);
b. Perimeter controls including silt fence in place before, during and after
grading of the site. Fencing shall be removed only after proper turf
establishment.
9. Waterway and Watercourse Protection: Waterway and watercourse protection
requirements shall include stabilization of the watercourse channel before, during and
after any in -channel work consistent with the city's general specifications.
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a. A temporary stream crossing must be installed and approved by the local
government unit and regulating agency if a wet watercourse will be crossed
regularly during construction.
b. The watercourse channel shall be stabilized before, during, and within 24
hours after any in -channel work.
c. No in -water work shall be allowed in Public Waters during the MnDNR's
work exclusion dates.
d. Prior to placement of any equipment into any waters, all equipment must be
free of aquatic plants and non-native animals.
All on-site stormwater conveyance channels designed according to the criteria
outlined in this document. Stabilization adequate to prevent erosion located at
the outlets of all pipes and paved channels is required.
10. Site Dewatering: Site dewatering shall be conducted pursuant to the city's general
specifications document. Water pumped from the site shall be treated by temporary
sediment basins, grit chambers, sand filters, or other controls as appropriate to ensure
adequate treatment is obtained and that nuisance conditions will not result from the
discharge. Discharges from the site shall not be released in a manner that causes
erosion, scour, sedimentation or flooding of the site, receiving channels or wetlands.
11. 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 by runoff into a
receiving channel or storm sewer system.
a. Solid waste: All unused building materials and waste (including, but not
limited to: collected sediment, asphalt and concrete millings, floating debris,
paper, plastic, fabric, etc.) must be disposed of accordingly and shall comply
with disposal requirements set forth by the MPCA.
b. Hazardous/toxic waste: Paint, gasoline, oil and any hazardous materials must
be properly stored, including secondary containment, to prevent spills, leaks
or other discharges. Access to the storage areas must be restricted to prevent
vandalism. Storage and disposal of hazardous or toxic substance must be in
compliance with the requirements set forth by the MPCA.
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c. Liquid waste: All other non-stormwater discharges (including, but not limited
to, concrete truck washout, vehicle washing or maintenance spills) produced
during the construction activity shall not be discharged to any surface waters.
d. External washing of equipment and vehicles: All external washing activities
shall be limited to a designated area of the site. All runoff must be contained
and wastes from external washing activities must be disposed of properly. No
engine degreasing shall be allowed on the site.
e. Wastes generated by concrete and other washout operations: All liquid and
solid wastes generated by any concrete or other washout operations must be
contained in a leak proof facility or impermeable liner. Concrete waste must
not come into contact with the ground. Concrete waste must be disposed of
properly and in compliance with applicable MPCA regulations.
12. 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, MPCA standards and specifications.
13. Energy Dissipation: Pipe outlets must have temporary or permanent energy
dissipation within 24 hours of connection to a surface water.
14. Tracking: Vehicle tracking BMPs (including, but not limited to: rock pads, mud mats,
slash mulch, concrete or steel wash racks, or similar systems) must be installed to
minimize track out of sediment from the construction site. If vehicle tracking BMPs
are not actively preventing sediment from being tracked into the street, the applicant
must utilize street sweeping to contain sediment.
15. Final Stabilization: Final stabilization is not complete until the following criteria are
met:
a. All land disturbing activities must be finished and all soils shall be stabilized
by a uniform perennial vegetative cover with a density of 70% or greater of its
expected final growth density over the entire pervious surface area, or other
equivalent means necessary to prevent soil failure under erosive conditions.
b. The permanent stormwater management system is constructed, meets all of
the required design parameters and is operating as designed.
c. All temporary synthetic and structural erosion prevention and sediment
control BMPs (such as silt fence) have been removed. BMPs designed to
decompose on site may be left in place.
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d. For residential construction only, individual lots are considered finally
stabilized if the structure(s) are finished and temporary erosion protection and
down gradient perimeter control has been completed and the residence has
been sold to the homeowner.
e. For construction projects on agricultural land the disturbed land has been
returned to its preconstruction agricultural use.
C. Inspection:
1. Notification: The city engineer, chief building official or designated agent shall make
inspections as hereinafter required and either shall approve that portion of the work
completed or shall notify the permittee wherein the work fails to comply with the
erosion and sediment control plan as approved.
2. Procedure: To obtain inspections, the permittee shall notify the city of Rosemount at
least two (2) working days before the following:
a. Start of construction.
b. Installation of sediment and erosion measures.
c. Completion of site clearing.
d. Completion of rough grading.
e. Completion of final grading.
f. Close of the construction season.
g. Completion of final landscaping.
h. Removal of erosion control measures.
i. Final project compliance and acceptance closeout.
3. Permittee Inspection: The applicant shall be responsible at all times for the
maintenance and proper operation of all erosion prevention and sediment control
practices.
a. Inspections: The permittee or his/her agent shall ensure that a trained person
will regularly inspect the construction site at least once every seven days until
final stabilization, and within 24 hours of a rainfall event of one-half inch or
greater in a 24 hour period.
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b. Recordkeeping: All inspection and maintenance activities conducted on the
site during construction must be recorded in writing and retained with the
erosion and sediment control plan. Records of each inspection and
maintenance activity shall include the following:
i. Date and time of inspection;
ii. Name(s) of persons conducting the inspection;
iii. Findings of inspections, including recommendations for corrective
actions;
iv. Corrective actions taken, including the dates, times and the name of
the party completing the corrective action;
V. Date and the amount of rainfall events that are greater than one-half
inch in a 24 hour period; and
vi. Documentation of any changes made to the erosion and sediment
control plan.
D. Site and BMP Maintenance:
1. Responsibilities: Prior to any construction in the plat, the developer shall provide the
city engineer with a schedule for erosion and sediment control inspection and
maintenance, including schedules for street cleaning, and street sweeping. All site and
BMP maintenance activities must comply with the requirements of the NPDES
construction general permit. The applicant shall investigate and comply with the
following BMP maintenance requirements:
a. Silt fence: All silt fences must be repaired, replaced or supplemented when
they become nonfunctional or the sediment reaches one-half (1/2) of the
height of the fence. Repairs shall be made by the end of the next business day
after discovery or as soon as field conditions allow access.
b. Temporary Sediment Basins: Temporary sedimentation basins must be
drained and the sediment must be removed when the depth of the sediment
collected in the basin reaches one-half the storage volume. Drainage and
removal must be completed within 72 hours of discovery or as soon as field
conditions allow access.
c. Surface Waters and Conveyance Systems: Surface water, including drainage
ditches and conveyance systems, must be inspected for visible signs of
sediment being deposited by erosion. The applicant must remove all sediment
deposited in surface waters, including drainage ways, catch basins, and other
drainage systems and must re -stabilize the areas of exposed soil as a result of
sediment removal. The removal and stabilization must take place within seven
days of discovery unless legal, regulatory or physical access constraints
prevent remediation. In the event of an access constraint, the applicant shall
use all reasonable efforts to obtain access. If access is precluded, removal and
stabilization must take place within seven calendar days of obtaining access.
The applicant is responsible for contacting all local, regional, state and federal
authorities and obtaining any required permits prior to conducting any work.
d. Streets and Paved Surfaces: Where vehicle traffic leaves any part of the site,
the exit locations must be inspected for visible signs of off-site sediment
tracking onto paved surfaces. Tracked sediment must be removed from all off-
site paved surfaces as soon as possible or within 24 hours of discovery.
e. General Maintenance: The applicant shall be responsible for the operation and
maintenance of temporary and permanent water quality management BMPs,
as well as erosion prevention and sediment control BMPs for the duration of
the construction work on the site. The applicant remains responsible until
another parry has assumed control over all areas of the site that have not
established final stabilization and a Notice of Termination (NOT) has been
submitted to the Minnesota Pollution Control Agency.
f. Off -Site Deposition: If sediment escapes the construction site, off-site
accumulations of sediment must be removed in a manner and at a frequency
sufficient to minimize off-site impacts.
g. Infiltration Areas: All infiltration areas must be inspected to ensure that no
sediment from ongoing construction activities is reaching the infiltration area
and these areas are protected from compaction caused by construction
equipment driving across the infiltration area.
2. Lapse: If the site development permittee repeatedly fails to meet or maintain sediment
and erosion control measures per the approved grading, sediment and erosion control
plan, the city may, in its discretion, perform the work or contract to have the work
completed and drawn down on the escrow deposit, letter of credit or bond to pay any
costs.
a. The city will attempt to notify the developer in advance of any proposed
action, but failure of the city to do so will not affect the developer's and city's
rights or obligations hereunder.
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b. If the developer does not reimburse the city for any cost the city incurred
beyond that covered by the deposit, for such work within ten (10) days from
the date notice of the amount owed to the city is mailed, the city may draw on
the security to reimburse city for such costs.
10-1-13: Stormwater Management for Permanent Facilities
A. Specifications: All post -construction stormwater management plans must be submitted to
the city engineer prior to the start of construction activity. At a minimum, applicants shall
meet the specifications set forth below and observe the standards established in NPDES
construction general permit requirements, the city's surface water management plan, and
the city's Plan Requirements And Design Guidelines.
B. Design Criteria:
1. Volume Control: Volume control measures are required on projects to meet the water
quality criteria of the city's surface water management plan and the standard for the
general permit authorization to discharge stormwater associated with construction
activity under the NPDES construction general permit.
2. Rate Control:
a. For newly developing areas, no discharge or infiltration can be assumed for
purposes of establishing the 100 -year, 24-hour storm event high water
elevation. For events with longer duration, a maximum peak stormwater
discharge rate will be limited to 0.05 cfs/acre. Redeveloping areas will be
required to meet these standards to the maximum reasonable extent practical.
b. In the event that the city will not be providing a regional system, storage of
the runoff from the 100 -year, 24-hour storm event is required on site.
c. Landlocked depressions that presently do not have a defined outlet and do not
typically overflow may be allowed a positive overflow to prevent damage to
adjacent properties. Any overflows from landlocked depressions will comply
with the city's rate control, runoff volume control, and low floor requirements
including storing runoff from the 100 -year, 24-hour storm event for new
development and restricting discharge to 0.05 cfs per acre for longer duration
storm events.
d. New storm sewer systems shall be designed to accommodate discharge rates
from a 10 -year storm event.
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3. Flood Control: The city requires that for any new or redevelopment, at least 3 feet of
freeboard between the anticipated critical 100 -year high water elevation and the
minimum building opening be maintained. Any deviation from the 3 feet freeboard
requirement is subject to the following conditions and may be approved by the city
engineer if the following can be demonstrated:
a. That within the 2 -foot freeboard area, stormwater storage is available which is
equal to or exceeds 50% of the stormwater storage currently available in the
basin below the 100 -year high water elevation.
b. That a 25% obstruction of the basin outlet over a 24-hour period would not
result in more than 1 foot of additional bounce in the basin.
c. An adequate overflow route from the basin is available that will provide
assurance that 1 foot of freeboard will be maintained for the proposed low
building opening.
4. Design Criteria of Permanent Facilities: All permanent stormwater facilities must
meet the design criteria as provided in the city's surface water management plan.
C. Limitations and Restrictions:
1. Stormwater control facilities shall not receive discharges from or be constructed in
areas where:
a. Industrial facilities are not authorized to infiltrate industrial stormwater under
an NPDES Industrial Stormwater permit issued by the MPCA.
b. Vehicle fueling or maintenance activities occur.
c. There is less than three (3) feet of separation between the bottom of the
infiltration system to the elevation of the seasonally saturated soils or the top
of bedrock.
d. There are known groundwater contaminants or groundwater will be mobilized
by the construction of infiltration BMPs.
2. For areas where infiltration is prohibited the applicant shall consider alternative
volume reduction BMPs and the water quality volume must be treated by a wet
sedimentation basin, filtration system, regional ponding or similar method prior to the
release of stormwater to surface water.
3. For linear projects with lack of right-of-way, easements or other permissions from
property owners to install treatments systems that are capable of treating the total
water quality volume on site, the project must maximize treatment through other
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methods or combination of methods before runoff is released to nearby surface
waters. Alternative treatment options include: grassed swales, filtration systems,
smaller ponds, or grit chambers. In all circumstances, a reasonable attempt must be
made to obtain right-of-way during the project planning and all attempts of
infeasibility must be recorded.
4. The city may restrict the use of infiltration features to meet post -construction
requirements for stormwater management, without higher engineering review, if the
infiltration techniques will be constructed in the following areas where:
a. Soils are predominately Hydrologic Soil Group D (clay) soils.
b. Within 1,000 feet up -gradient, or 100 feet down -gradient of active karst
features.
c. Drinking Water Supply Management Areas are present, as defined by Minn.
R. 4720.5 1000, subp.13, unless precluded by a local unit of government with
an MS4 permit.
d. Soil infiltration rates are more than 8.3 inches per hour unless soils are
amended to flow the infiltration rate below 8.3 inches per hour.
D. Exceptions: The city may authorize lesser volume control for the following situations:
1. If the project meets one of the limitations outlined above; and
2. If the owner/operator implements to the maximum extent possible other volume
reduction practices, besides infiltration, on the site but may not meet the requirements
for post -construction stormwater management.
E. Mitigation Provisions: Under certain circumstances some construction projects cannot
meet the Total Suspended Solids (TSS) and/or Total Phosphorus (TP) reduction
requirements for new or redevelopment projects on the site of the original construction.
When this occurs, the owner/operator will be required to identify alternative locations
where TSS and TP treatment standards can be achieved. Mitigation project locations are
chosen in the following order of preference:
1. Locations that yield benefits to the same receiving water that receives runoff from the
original construction activity.
2. Locations within the same Department of Natural Resource (DNR) catchment area as
the original construction activity.
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3. Locations in the next adjacent DNR catchment area up -stream.
4. Locations anywhere within the city of Rosemount.
Mitigation projects shall also meet the following criteria:
1. Mitigation projects shall involve the establishment new structural stormwater BMPs
or the retrofit of existing structural stormwater BMPs, or the use of a properly
designed regional structural stormwater BMP.
2. Previously required routine maintenance of structural stormwater BMPs cannot be
considered mitigation.
3. Mitigation projects must be finished within 24 months after the original construction
activity begins.
4. Monies received for mitigation purposes in lieu of meeting conditions for post -
construction stormwater management shall be applied to a public stormwater project
and shall comply with subsection 10-1-13E of this chapter.
5. A maintenance agreement specifying the responsible party for long-term maintenance
shall be identified.
F. Maintenance Agreement: The applicant shall enter into a maintenance agreement with the
city that documents all responsibilities for operation and maintenance of private long-
term stormwater treatment BMPs. Such responsibility shall be documented in a
maintenance plan and executed through a maintenance agreement. All maintenance
agreements must be approved by the city and recorded at the Dakota County recorder's
office prior to final plan approval. At a minimum, the maintenance agreement shall
describe the inspection and maintenance obligations:
1. The responsible party who is permanently responsible for maintenance of the
structural and nonstructural measures.
2. Pass responsibilities for such maintenance to successors in title.
3. Allow the city and its representatives the right of entry for the purposes of inspecting
all permanent stormwater management systems.
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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 of the
permanent stormwater management system.
5. Include a maintenance plan that contains, but is not limited to the following:
a. Identification of all structural permanent stormwater management systems.
b. A schedule for regular inspections, 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.
d. Include a schedule and format for reporting compliance with the maintenance
agreement to the city.
6. The issuance of a permit constitutes a right -of -entry for the City, its contractors, and
agents to enter upon the construction site. The applicant shall allow the City, its
contractors, agents and any authorized representatives, upon presentation of
credentials, to:
a. Enter upon the permitted site for the purpose of obtaining information,
examination of records, conducting investigations or surveys.
b. Bring such equipment upon the permitted development as is necessary to
conduct such surveys and investigations.
c. Examine and copy any books, papers, records, or memoranda pertaining to
activities or records required to be kept under the terms and conditions of the
permit.
d. Inspect the stormwater pollution control measures.
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.
10-1-14: LAWN FERTILIZER REGULATIONS:
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 storm
water drainage systems, natural drainage ways, or within wetland buffer areas.
34
B. Lawn Fertilizer Content: Except for the first growing season for newly established turf
areas, no person shall apply liquid fertilizer which contains more than one-half percent
(0.5%) by weight of phosphorus, or granular fertilizer which contains more than three
percent (3%) by weight of phosphorus, unless the single application is less than or equal
to one-tenth (0.1) pound of phosphorus per one thousand (1,000) square feet. Annual
application amount shall not exceed one-half (0.5) pound of phosphorus per one thousand
(1,000) square feet of lawn area.
C. Buffer Zone: Fertilizer applications shall not be made adjacent to any water body or
wetland to a distance which is the larger of 16.5 feet or any buffer width as specified for
individual wetlands in the Rosemount Comprehensive Wetland Management Plan.
10-1-15: PENALTY:
A. Notice of Violation: When the city determines that an activity is not being carried out in
accordance with the requirements of this ordinance, 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 or applicant;
2. The address when available or a description of the land upon which the violation is
occurrmg;
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 service of the notice of violation. Service
may be accomplished by mail or by personal delivery of the notice.
B. Stop Work Order/Revocation Of Site Development Permit: In the event that any person
holding a site development permit pursuant to this chapter violates the terms of the permit
or implements site development in such a manner as to materially adversely affect the
health, welfare, environment, or safety of persons residing or working in the
neighborhood or development site so as to be materially detrimental to the public welfare
or injurious to property or improvements in the neighborhood, the city of Rosemount may
35
suspend or revoke the site development permit through the issuance of a stop work order
or the revocation of site development or building permit. No development, utility or street
construction will be allowed and no building permits will be issued unless the
development is in full compliance with the requirements of this subsection.
C. Restoration of Lands: Any violator may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within a reasonable time after
notice, the city may take necessary corrective action, the cost of which may, after notice
and opportunity for hearing, be specially assessed against the property and collected
along with the ordinary taxes by the county.
D. Violation And Penalties:
I. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation,
or fill, or cause the same to be done, contrary to or in violation of any terms of this
chapter. Any person violating any of the provisions of this chapter shall be deemed
guilty of a misdemeanor and is subject to the penalty as described in title 1, chapter 4
of this code and each day during which any violation of any of the provisions of this
chapter is committed, continued, or permitted, shall constitute a separate offense.
2. Upon conviction of any such violation, such person, partnership, or corporation shall
be punished by a fine as specified by the city ordinance for fee schedule for each
offense. In addition to any other penalty authorized by this section, any person,
partnership, or corporation convicted of violating any of the provisions of this chapter
shall be required to bear the expense of such restoration.
10-1-16: APPEALS:
Any person aggrieved by an action relating to the enforcement of this ordinance, including 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, may
appeal the action to the city. The following conditions apply to all appeals:
A. The applicant shall submit the appeal in writing to the City Clerk and include supporting
documentation. The City must receive the written appeal within 10 days of the notice of
violation.
B. City staff shall make a decision on the appeal within 15 business days of receipt of a
complete appeal application.
36
C. The applicant may appeal the decision of city staff to the city council. This appeal must
be filed with the City Clerk within 30 days of city staff's decision. Subject to any
applicable state law, the decision of the City Council is final.
10-1-17: OTHER CONTROLS:
In the event of any conflict between the provisions of this chapter and the provisions of any other
city ordinance adopted by the city council, the more restrictive standard prevails.
Section 3: This ordinance will become effective from and after its date of publication.
Adopted this 17`h day of February, 2015.
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
Published this day of , 2015 in the Rosemount Town Pages.
37
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. 2015 - 01
AN ORDINANCE REPEALING THE ROSEMOUNT CITY CODE
TITLE 10, CHAPTER 1, SURFACE WATER MANAGEMENT
ORDINANCE AND PROVIDING A NEW TITLE 10, CHAPTER 1
The City Council of the City of Rosemount, Minnesota, ordains that the
Rosemount City Code is amended as follows:
Section 1. Title 10, Chapter 1, of the Rosemount City Code is repealed in its entirety.
Section 2. The Rosemount City Code is amended by adding a new Title 10, Chapter 1 — Water
Resources Management, Surface Water Management — as follows:
Title 10 - Water Resources Management
Chapter 1
SURFACE WATER MANAGEMENT
10-1-1: STATUTORY AUTHORIZATION:
10-1-2: FINDINGS:
10-1-3: PURPOSE:
10-1-4: DEFINITIONS:
10-1-5: SCOPE AND EFFECT:
10-1-6: INCORPORATION BY REFERENCE:
10-1-7: DEVELOPMENT SITE STORMWATER MANAGEMENT PLAN APPROVAL
PROCEDURES:
10-1-8: PLAN REVIEW PROCEDURE:
10-1-9: APPROVAL STANDARDS:
10-1-10: SURFACE WATER RELATED FEES:
10-1-11: WETLANDS:
10-1-12: EROSION AND SEDIMENT CONTROL:
10-1-13: STORMWATER MANAGEMENT FOR PERMANENT FACILITIES
10-1-143: LAWN FERTILIZER REGULATIONS:
10-1-154: PENALTY:
10-1-16: APPEALS
10-14317: OTHER CONTROLS:
10-1-1: STATUTORY AUTHORIZATION
This chapter is adopted pursuant to Minnesota statutes, section 462.351 (1990).
10-1-2: FINDINGS
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.
10-1-3: PURPOSE:
The purpose of this chapter 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.
10-1-4: DEFINITIONS:
For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall
have the meanings stated below. When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural number include the singular number,
39
and words in the singular number include the plural number. The word "shall" is always
mandatory and not merely directive.
APPLICANT: Any person who wishes to obtain a building permit, zoning or subdivision
approval.
BEST MANAGEMENT PRACTICES (BMPs): The most effective and practicable means of
erosion prevention and sediment control, and water qualitmanagement practices that are the
most effective and practicable means of to control, prevent, and minimize degradation of
surface water, including avoidance of impacts, construction -phasing, minimizing the length of
time soil areas are exposed, prohibitions, pollution prevention through good housekeeping, and
other management practices published by state or designated area -wide planning agencies.
_
CITY: The city of Rosemount.
CITY ENGINEER: The professional engineer designated by the city as city engineer or a
representative thereof.
CLEARING: Any activity that removes the vegetative surface cover.
CONSERVATION EASEMENT: Legal land preservation agreement between a landowner and
a municipality or a qualified land protection organization. The easement confers the transfer of
usage rights from one parry to another.
CONSTRUCTION ACTIVITY: A disturbance to the land that results in a change in the
topography, existing soil cover (both vegetative and nonvegetative), or the existing soil
topography that may result in accelerated stormwater runoff, leading to soil erosion and
movement of sediment into surface waters or drainage systems. Examples of construction
activity may include clearing, grading, filling and excavating. Construction activity includes the
disturbance of less than one acre of total land area that is a part of a larger common plan of
development or sale if the larger common plan will ultimately disturb one acre or more.
CONTROL MEASURE: A practice or combination of practices to control erosion, sediment
transport and attendant pollution.
CONTROL PLAN: A plan indicating the specific measures and sequencing to be used to
control grading, sediment and erosion on a development site during and after construction.
DETENTION FACILITY: A permanent natural or manmade structure, including wetlands, for
.e
the temporary storage of runoff which contains a permanent pool of water.
DEVELOPER: Any person, group, firm, corporation, sole proprietorship, partnership, state
agency, or political subdivision thereof engaged in a land disturbance activity.
DEVELOPMENT: Any land disturbance activity that changes the site's runoff characteristics in
conjunction with residential, commercial, industrial or institutional construction or alteration.
DEWATERING: The removal of water for construction activity. It can be a discharge of
appropriated surface or ground water to dry and/or solidify a construction site. It may require
Minnesota department of natural resources permits to be appropriated and if contaminated may
require other MPCA permits to be discharged.
DRAINAGEWAY: Any channel that conveys surface runoff throughout the site.
EROSION: Any process that wears away the surface of the land by the action of water.
EROSION CONTROL: Refers to methods employed to prevent erosion. Examples include soil
stabilization practices, horizontal sloperg ading temporary or permanent cover, and
construction phasing.
EROSION PREVENTION: Any measures employed to prevent erosion. Examples include, but
are not limited to: soil stabilization practices, limitedrgrading, mulch, temporary or permanent
cover, and construction phasing.
EXPOSED SOIL AREAS: All areas of the construction site where the vegetation (trees, shrubs,
brush, grasses, etc.,) or impervious surface has been removed, thus rendering the soil more prone
to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the
construction site.
FINAL GRADE: Excavation or fill of material to final smooth condition. Final grade completed
as part of individual site development.
FINAL STABILIZATION:
A. All soil disturbing activities at the site have been completed and a uniform (e.g., evenly
distributed, without large bare areas) perennial vegetative cover with a density of
seventy percent (70%) of the native background vegetative cover for the area has been
established on all unpaved areas and areas not covered by permanent structures, or
equivalent permanent stabilization measures (such as the use of riprap, gabions, or
geotextiles) have been employed;
41
B. For individual lots in residential construction by either: 1) the homebuilder completing
final stabilization as specified above, or 2) the homebuilder establishing temporary
stabilization including perimeter controls for an individual lot prior to occupation of the
home by the homeowner and informing the homeowner of the need for, and benefits of,
final stabilization. (Homeowners typically have an incentive to put in the landscaping
functionally equivalent to final stabilization as quick as possible to keep mud out of their
homes and off sidewalks and driveways.); or
C. For construction projects on land used for agricultural purposes (e.g., pipelines across
crop or range land) final stabilization may be accomplished by returning the disturbed
land to its preconstruction agricultural use. Areas disturbed that were not previously used
for agricultural activities, such as buffer strips immediately adjacent to surface waters and
drainage systems, and areas which are not being returned to their preconstruction
agricultural use must meet the final stabilization criteria in subsection A or B of this
definition.
FLOOD FRINGE: The portion of the floodplain outside of the floodway.
FLOODPLAIN: The areas adjoining a watercourse or water basin that have been or may be
covered by a regional flood.
FLOODWAY: The channel of the watercourse, the bed of water basins, and those portions of the
adjoining floodplains that are reasonably required to carry and discharge floodwater and provide
water storage during a regional flood.
GRADING: Excavation or fill of material, including the resulting conditions thereof.
GRADING, EROSION AND SEDIMENT PLANS: A set of plans prepared by or under the
direction of a licensed professional engineer. Plans are required to meet the specifications as
detailed in the city of Rosemount "Plan Requirements And Design Guidelines".
HYDRIC SOILS: Soils that are saturated, flooded, or ponded long enough during the growing
season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION: 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.
IMPERVIOUS SURFACE: 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 development. Examples include rooftops, sidewalks, patios, driveways,
parking lots, storage areas, and concrete, asphalt, or gravel roads.
W
LAND DISTURBING OR DEVELOPMENT ACTIVITIES: Any change of the land surface
including removing vegetative cover, excavating, filling, grading, and the construction of any
structure.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The program
for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under
the clean water act (sections 301, 318, 402, and 405) and United States Code of Federal
Regulations title 33, sections 1317, 1328, 1342, and 1345.
PERIMETER CONTROL: A barrier that prevents sediment from leaving a site by filtering
sediment laden runoff or diverting it to a sediment trap or basin.
PERMANENT COVER: Final site stabilization. Examples include grass, gravel, asphalt, and
concrete. See also the definition of "final stabilization."
PERMIT: A permit issued by the municipality for the construction or alteration of ground.
PERSON: Any individual, firm, corporation, partnership, franchisee, association or
governmental entity.
PHASING: Clearing a parcel of land in distinct phases, with the stabilization of each phase
completed before the clearing of the next.
PLAN REQUIREMENTS AND DESIGN GUIDELINES: Manual detailing city specifications
for all plan requirements.
PUBLIC WATERS: Waters of the state as defined in Minnesota statutes, section 103G.005,
subdivision 15.
ROUGH GRADE: Excavation or fill of material to a condition suitable for general maintenance.
SEDIMENT: The product of an erosion process; solid material both mineral and organic, that is
in suspension, is being transported, or has been moved by water, wind, or ice, and has come to
rest on the earth's surface either above or below water level.
SEDIMENTATION: The process or action of depositing sediment.
SEDIMENT CONTROL: Measures and methods employed to prevent sediment from leaving the
site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales,
check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or
43
permanent sedimentation basins.
SITE: A parcel of land or a contiguous combination thereof, where grading work is performed as
a single unified operation.
SITE DEVELOPMENT: Improvements and structures for the control of erosion, runoff, and
grading.
SOIL: The unconsolidated mineral and organic material on the immediate surface of the earth.
For the purposes of this document temporary stockpiles of clean sand, gravel, aggregate,
concrete or bituminous materials (which have less stringent protection ) are not considered "soil"
stockpiles.
STABILIZED: The exposed ground surface has been covered by appropriate materials such as
mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from
occurring. Grass seeding is not stabilization.
STANDARD PLATES: General drawings having or showing similar characteristics or qualities
that are representative of a construction practice or activity.
START OF CONSTRUCTION: The first land disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling; installation of streets and
walkways; excavation for basements, footings, piers, or foundations; erection of temporary
forms; and installation of accessory buildings such as garages.
STORMWATER: Defined under Minnesota rules 7077.0105, subp. 41(b), and includes
precipitation runoff, stormwater runoff, snow melt runoff, and any other surface runoff and
drainage.
STORMWATER POLLUTION PREVENTION PLAN: A plan for stormwater discharge that
includes erosion prevention measures and sediment controls that, when implemented, will
decrease soil erosion on a parcel of land and decrease off site nonpoint pollution.
STRUCTURE: Anything manufactured, constructed or erected which is normally attached to or
positioned on land, including portable structures, earthen structures, roads, parking lots, and
paved storage areas.
SURFACE WATER OR WATERS: All streams, lakes, ponds, marshes, wetlands, reservoirs,
springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether
natural or artificial, public or private.
TEMPORARY EROSION PROTECTION: Methods employed to prevent erosion. Examples of
temporary cover include straw, wood fiber blanket, wood chips, and erosion netting.
WATERCOURSE: Any body of water, including, but not limited to, lakes, ponds, rivers,
streams, and bodies of water delineated by Rosemount.
WATERWAY: A channel that directs surface runoff to a watercourse or to the public storm
drain.
WETLAND OR WETLANDS: Defined in Minnesota rules 7050.0130, subp. F and includes
those areas that are inundated or saturated by surface water or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater
treatment are not waters of the state. Wetlands must have the following attributes:
A. A predominance of hydric soils;
B. Inundated or saturated by surface water or ground water at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a
saturated soil condition; and
C. Under normal circumstances support a prevalence of such vegetation.
10-1-5: SCOPE AND EFFECT
A. Applicability:
1. Every applicant for a subdivision approval or a permit to allow land disturbing
activities must submit a storm water management plan to the city engineer. No
subdivision approval, or grading permit to allow land disturbing activities, shall be
issued until approval of the storm water management plan or a waiver of the approval
requirement has been obtained in strict conformance with the provisions of this
chapter.
2. Every applicant for a subdivision approval or a grading permit to allow wetland
disturbing activities must submit a wetland assessment report to the city engineer. No
subdivision approval, or grading permit to allow wetland disturbing activities shall be
issued until approval of the wetland replacement plan application or a certificate of
exemption has been obtained in strict conformance with the provisions of this chapter
and the Minnesota wetland conservation act. This chapter applies to all land, public or
private, located within the city.
3_Every applicant for a building permit, subdivision approval, or a grading permit to
allow land disturbing activities must adhere to erosion control measure standards and
45
specifications in strict conformance with the provisions of this chapter and the
specifications and be consistent with National Pollution Discharge Elimination Permit
(NPDES general construction permit) or as approved by the city engineer or
designated representative.
10-1-6: INCORPORATION BY REFERENCE
The following are incorporated into this chapter by reference:
A. The Rosemount Comprehensive ei: etland Management Plan.
B. The Rosemount Surface Water Management Plan.
C. The Rosemount storm water utility policy.
D. The Minnesota Wetland Conservation Act. (Ord. XL29, 11-20-2007).
E. The National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES
general construction permit) issued by the Minnesota Pollution Control Agency, Aum
1, 2013, as amended.
10-1-7: DEVELOPMENT SITE STORMWATER MANAGEMENT PLAN
;1WW 10W.11Z"11pill .1_* 1
A. Application: A written application for stormwater management plan approval, along with
the proposed stormwater management plan and grading plan, shall be filed with the city
engineer 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 chapter. Prior to applying for approval of a stormwater
management plan, an applicant may have the stormwater management and grading plans
reviewed by the appropriate departments of the city.
Five (5) sets of clearly legible blue or black lined copies of all drawings on bond paper
are required. Required information shall be submitted to the city engineer and shall be
accompanied by a receipt from the finance department evidencing the payment of all
required fees for processing and approval as set forth in section 10-1-9 of this chapter,
and security when required by subsection 10-1-8D of this chapter in the amount to be
calculated in accordance with that subsection.
M.
Stormwater management and grading plan 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 1 to 600 (1 inch = 50 feet). Drawing sheets shall be 22 by 34
inches.
B. Stormwater Management Plan: At a minimum, the stormwater management plan shall
contain the following:
1. Existing Site Map: A map of existing site conditions showing the site and
immediately adjacent areas within 200 feet, and including:
a. The names, addresses, telephone numbers, and fax numbers of the applicant,
owner, developer, surveyor, engineer and contact person.
b. The section, township and range, north point oriented either up or to the right,
date and scale of drawing and number of sheets.
c. Plat names and block, lot and outlot boundaries for adjacent platted property
and full property identification numbers for adjacent un -platted property.
d. 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.
e. Location and indication of demolition, relocation, or abandonment of existing
structures, driveways, septic systems, alternate septic systems and wells.
f. Existing underground and overhead utilities, easements and rights of way.
g. Existing topography with a contour interval appropriate to the topography of
the land but in no case having a contour interval greater than 2 feet.
h. Existing topographic contours extending beyond the site 200 feet or enough to
completely show the limits of drainage basins not fully contained within the
proposed plat limits.
i. A delineation of all streams, rivers, ponds, public waters and wetlands located
on and immediately adjacent to the site, including depth of water, a statement
of general water quality and any classification given to the water body or
47
wetland by the Minnesota department of natural resources (include MNDNR
number and ordinary high water level), the Minnesota pollution control
agency, the U.S. fish and wildlife service, and/or the United States army corps
of engineers.
j. The city's most recent stormwater management plan district number along
with normal and high water levels for ponds.
k. 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.
1. 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.
m. Vegetative cover such as brush, grass and trees, including tree diameters, and
clearly delineating any vegetation proposed for removal.
n. The 10 -year and 100 -year floodplains, flood fringes and floodways.
2. Site Grading Plan: 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 1
to 600 (1 inch = 50 feet). Drawing sheets shall be 22 by 34 inches. A site grading plan
shall include:
a. The section, township and range, north point oriented either up or to the right,
date, revision number, scale of drawing and number of sheets.
b. Signature and Minnesota license number of the professional land
surveyor or professional engineer under whose supervision the plan was
prepared.
c. Proposed septic systems, alternative septic systems and wells.
d. Locations and dimensions of all proposed land disturbing activities and any
phasing of those activities.
e. Locations and dimensions of all temporary soil or dirt stockpiles.
f. Existing topography with a contour interval appropriate to the topography of
the land but in no case having a contour interval greater than 2 feet.
g. Existing topographic contours extending beyond the site 200 feet or enough to
completely show the limits of drainage basins not fully contained within the
proposed plat limits.
h. 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.
i. All lot corner elevations and bench marks utilized.
j. The proposed footprint and intended use of any structures or driveways to be
constructed on the site.
k. A delineation of all streams, rivers, ponds, public waters and wetlands located
on and immediately adjacent to the site, including depth of water, a statement
of general water quality and any classification given to the water body or
wetland by the Minnesota department of natural resources (include MNDNR
number and ordinary high water level), the Minnesota pollution control
agency, the U.S. fish and wildlife service, and/or the United States army corps
of engineers.
1. The city's most recent stormwater management plan district number along
with pond storage volume and normal and high water levels for ponds.
in. Emergency overflow routes from all low points, elevation of high point along
overflow route and directional flow arrows.
n. A drainage plan of the developed site delineating 10 -year and 100 -year design
drainage area/watershed and hydrologic/hydraulic calculations verifying
location and capacity of all overland drainage routes.
o. Access routes for maintenance to all inlets, outlets, manholes, and lift stations
at ponding areas proposed.
p. A clear delineation and tabulation of all areas which shall be paved or
surfaced, including a description of the surfacing material to be used.
q. 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.
r. Any other information pertinent to the particular project which in the opinion
of the applicant or the city engineer is necessary for the review of the project.
s. Within thirty (30) days after completion of site development as per the
approved grading plan, and prior to the approval of individual building
permits, the developer shall provide the city with an as built grading plan.
3. Erosion and Sediment Control Plans: At a minimum, a separate erosion control plan is
required that will accompany the grading plan. No land shall be disturbed until the plan is
approved by the city engineer and conforms to the standards set forth herein. All plans
shall be consistent with National Pollutant Discharge Elimination Permit (NPDES
construction general permit) requirements, and the filing or approval requirements of
relevant Watershed Districts, Watershed Management Organizations, Ditch Authorities,
Soil and Water Conservation Districts, or other regulatory bodies.
a. The erosion and sediment control plan shall include the following:
i. A project description of the nature and purpose of the land -disturbing
activity and the amount ofrg ading involved.
ii. All existing site conditions, including existing soils, topography=
vegetation (including size and We cover), natural resources and
drainage.
iii. All critical erosion areas for areas on the site that have potential for
serious erosion problems.
iv. A description of how the site will be stabilized after construction is
completed, including specifications.
50
V. A schedule of regular inspections and repair of erosion and sediment
control structures.
vi. A project schedule describing the projected timeline for completion of
all site activities and the sequence of construction of the development
site, including stripping and clearing; rough grading; construction of
utilities, infrastructure, and buildings; and final grading and
landscaping. Sequencing shall identify the expected date on which
clearing will begin, phasing of clearing or grading, the estimated
duration of exposure of cleared areas, areas of clearing, installation of
temporary erosion and sediment control measures, and establishment
of permanent vegetation.
vii. All erosion and sediment control measures necessary to meet the
objectives of this local regulation and state and federal regulations
throughout all phases of construction and after completion of
development of the site. Depending upon the complexity of the
project, the drafting of intermediate plans may be required at the close
of each season. All of the following requirements shall be adhered to
during the construction of the site:
a) Stabilize all soils and soil stockpiles within the shortest feasible
period of time, and according to the timelines established in the
NDPES constructioneg neral permit.
b) Prevent sediment damagejacent properties and other
designated areas.
c) Develop land in increments of workable sizes so that adequate
erosion and sediment controls can be provided as construction
progresses.
d) Coordinate erosion and sediment control measures with the
different stages of construction. Install appropriate control
measures prior to development when necessary to control
MMIT.1fr lhI
e) Engineer the construction of steep slopes.
f) Use of temporary sediment basins is encouraged when
construction projects will impact steep slopes or when highly
erodible soils are present. Temporary sediment basins must be
designed according to NPDES constructioneg neral permit
requirements.
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g) Protect storm sewers and paved roads from the entrance of
sediment.
h) Manage solid and hazardous wastes on site and properly
dispose of wastes.
i) When working in or crossing water bodies, take precautions to
contain sediment.
j) Insure that a trained person will regularly inspect the
construction site, according to the timelines established in the
NPDES constructione�permit.
k) Maintain all temporary or permanent erosion and sediment
control practices, according to the timelines established in the
NPDES construction _e�p2permit.
1) Establish permanent vegetation upon completion of the
construction activi
m) Dispose of temporary erosion and sediment control measures
following final stabilization.
n) Seeding mixtures and rates, types of sod, method of seedbed
preparation, expected seeding dates, type and rate of lime and
fertilizer application, and kind and quantity of mulching for
both temporarand permanent vegetative control measures.
Required specifications are detailed in the city of Rosemount
general specifications and "Plan Requirements and Design
Guidelines" manual.
o) Use methods of dewatering to reduce the discharge of turbid or
sediment -laden waters and prevent nuisance conditions.
p) Use methods to manage solid and hazardous wastes, and limit
the exposure of stormwater to any products, materials, and
wastes and to prevent the contamination of stormwater.
4. Stormwater Management for Permanent Facilities: Stormwater control facilities
included as part of the final design for a permanent development shall be addressed in
Section 10-1-13 of this chapter. Post -construction stormwater management BMPs
must be submitted to the city for review and approval before construction activity
may begin.
5. Waiver: Any or all of the above plan requirements in this subsection B may be
waived by the city engineer.
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10-1-8: PLAN REVIEW PROCEDURE:
A. Process: Stormwater management plans meeting the requirements of section 10-1-7 of
this chapter shall be submitted to the city engineer for review in accordance with the
standards of section 10-1-9 of this chapter.
B. Duration: Approval of a plan submitted under the provisions of this chapter 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 engineer for an extension of time to commence construction
setting forth the reasons for the requested extension, the city engineer may grant one
extension of not greater than one single year. Receipt of any request for an extension
shall be acknowledged by the city engineer within fifteen (15) days. The city engineer
shall make a decision on the extension within thirty (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
chapter 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, require turf is established in specified areas, require
erosion control measures have been removed and their removal area inspected, and
landscaping is completed, 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 therein.
D. Security: 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 irrevocable, automatically renewing letter of
credit, performance bond or other improvement security in the amount specified by the
current city ordinance for fee schedule. The security shall cover all costs of engineering
and inspection, site improvements, street sweeping, repairs to erosion control measures,
and maintenance of improvements for such period as specified by the city. Such security
shall be provided prior to the release of the grading permit. The security shall be released
after final stabilization is complete, erosion control measures have been removed and
their removal area inspected. The agreement shall guarantee completion and compliance
with conditions within a specific time, which time may be extended in accordance with
subsection B of this section.
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The adequacy, conditions and acceptability of any agreement and security shall be
determined by the city council or any official of the city as may be designated by
resolution of the city council.
10-1-9: APPROVAL STANDARDS:
No stormwater management plan which fails to meet the standards contained in this section shall
be approved by the city engineer.
A. Surface Water Management Plan: T -he -See the most recent version of the city's surface
water management plan_ is hereby adopted by ef iro-n-po and -all -All stormwater
management plans shall be consistent with it.
B. Site Erosion and Sediment Control: Erosion control measures specified in grading plans
must meet all requirements of section 10-1-12 of this chapter.
C. Wetlands: Plans must meet all requirements for wetlands contained in section 10-1-11 of
this chapter.
D. Comprehensive Wetland Management Plan: See the most recent version of the city's
comprehensive wetland management plan. All
stormwater management plans shall be consistent with it.
E. Stormwater Management Criteria for Permanent Facilities: Plans must meet all
requirements for permanent facilities contained in section 10-1-13 of this chapter. See the
most recent version of the city's surface water management plan_ whie , is hereby adopted
by fefefenee aiid all All stormwater management plans shall be consistent with it.
F. Design Standards: See the most recent version of the city's surface water management
plan. All stormwater management plans
shall be consistent with it.
G. Steep Slopes: No land disturbing or development activities shall be allowed on slopes of
twenty five percent (25%) or more.
H. Retaining Walls: Retaining walls shall not be allowed in any city drainage, ponding or
utility easement.
I. Catch Basins: Newly installed and rehabilitated catch basins shall be provided with a
sump area for the collection of coarse grained material as specified by the city engineer.
Such basins shall be cleaned when they are half filled with material or as resources allow.
54
J. 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.
K. Structures: See the most recent version of the city's surface water management plan.
whieh is hereby adopted by refer -e ee �All stormwater management plans shall be
consistent with it.
L. Inspection And Maintenance: All stormwater management facilities shall be designed to
minimize the need of maintenance, to provide access for maintenance purposes and to be
structurally sound. All stormwater management facilities shall have a plan of operation
and maintenance that assures continued effective removal of pollutants carried in
stormwater runoff. It shall be the responsibility of the applicant to obtain any necessary
easements or other property interests to allow access to the stormwater management
facilities for inspection and maintenance purposes. The city may require a developer to
enter into a contract providing for access to perform maintenance and inspection to public
or private stormwater management facilities.
M. 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, specification 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.
N. Watershed Management Plans/Ground Water Management Plans: Stormwater
management plans shall be consistent with adopted watershed management plans and
ground water management plans prepared in accordance with Minnesota statutes sections
103B.231 and 10313.255, respectively, and as approved by the Minnesota board of water
and soil resources in accordance with state law.
O. Easements:
1. 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.
2. Easements are required for all ponding areas to the basin's 100 -year storm high water
level elevation.
3. Easements are required for all outlet swales and ditches, and for overland overflow
routes located downstream of basins located on site.
55
4. If the storm sewer is to be installed less than 10 feet deep within private property, the
easement shall be a minimum of 20 feet wide. If the storm sewer is 10 feet or greater,
the easement shall be twice as wide as the depth.
5. Easements necessary for maintenance vehicle access are required for all of the above
where not directly available on a public road.
10-1-10: WETLANDS
A. Assessment Report Required: Every applicant for a subdivision approval or a grading
permit to allow wetland disturbing activities must submit a wetland assessment report to
the city engineer. No subdivision approval, or grading permit to allow wetland disturbing
activities shall be issued until approval of the wetland replacement plan application or a
certificate of exemption has been obtained in strict conformance with the provisions of
this chapter and the Minnesota wetland conservation act. This section applies to all land,
public or private, located within the city.
B. Consistency with Comprehensive Wetland Management Plan: Utilization and
development impacts to wetlands shall be consistent with the city's comprehensive
wetland management plan. The most fe nt v of the eity's ^ r -ohms,., wetland
management plan is her-eby adopted by r-efer-enee and all development shall be eensistent
with it.
C. Impacts to Wetland:
1. Concentrated runoff discharge into wetlands shall be consistent with the storm water
management guidelines within the Rosemount comprehensive wetland management
plan.
2. A protective buffer strip of natural vegetation of width prescribed by the Rosemount
comprehensive wetland management plan 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;
ZVI
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 approved substitute
wetland resources or environments.
10-1-12: EROSION AND SEDIMENT CONTROL:
A. Design Criteria: At minimum erosion control practices, sediment control practices, and
waterway crossings shall meet the design criteria set forth below and shall be consistent
with city of Rosemount general specifications and "Plan Requirements And Design
Guidelines" manual.
1. Cut and fill slopes shall be no greater than four to one (4:1), except as approved by
the city engineer.
2. Clearing, except that necessary to establish sediment control devices, shall not begin
until all sediment control devices have been installed and have been stabilized.
3. Phasing may be required on all sites based on site specifics, with the size of each
phase to be established at plan review and as approved by the city engineer/city of
Rosemount.
4. Proposed erosion control measures may be approved by the city engineer as part of a
grading plan review toward grading or building permit approval. Erosion control may
be specified by the city engineer as part of a site survey for individual building
permits. Erosion control may also be specified by the city engineer as needed and
deemed appropriate during the construction and post -construction periods separate
from the process described below.
B. Specifications: At a minimum, applicants shall meet the specifications set forth below
and observe the standards established in NPDES construction general permit
requirements and the city's surface water management plan.
1. Soil Stabilization: Soil stabilization shall be completed in a time period as specified
by the NPDES standafds constructioneg neral permit and the city's general
57
specifications and standards. The city of Rosemount may require the site to be
reseeded or a nonvegetative option employed.
2. Seeding: Seeding shall be in accordance with seeding specifications. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention.
3. Special Techniques: Special techniques that meet the design criteria outlined in "Plan
Requirements And Design Guidelines" shall be in place on steep slopes or in drainage
ways and shall be used to ensure stabilization. Special techniques may include:
temporary sediment basins, slope draining and terracing.
4. Soil Stockpiles: Soil stockpiles which shall be inactive for a period of seven (7) or
more days must be stabilized or covered at the end of each workday -ate. Stockpiles
shall include perimeter sediment controls and must not be placed in natural buffers or
surface waters, including stormwater conveyances.
5. Ninety Percent Coverage: The entire site must be stabilized at a ninety percent (90%)
coverage, using a heavy mulch layer or another method that does not require
germination to control erosion, at the close of the construction season.
6. Site Development Sediment Controls: Site development sediment controls practices
shall include those identified in the city's general specifications including, but not
limited to:
a. Settling basins, sediment traps, or tanks.
b. Protection for adjacent properties by the use of a vegetated buffer strip in
combination with perimeter controls.
c. Perimeter control including machine sliced silt fence or other city approved
BMP, which shall be in place before, during and after grading of the site.
Fencing shall be removed only after seventy percent (70%) stabilization.
d. Designated as a temporary construction staging area.
7. Temporary sediment basins: For sites that have more than ten (10) acres of disturbed
soil that drains to a common location (or five 5) or more acres for special or impaired
waters), one or more temporary sediment basins shall be constructed. Use of
temporary basins is encouraged when construction projects will impact steep slopes
or when highly erodible soils are present. The basin shall provide treatment to the
runoff before it leaves the construction site or enters surface waters. The
sediment basins must be designed and constructed as follows:
4-.a. Provide live storage for a calculated volume of runoff from a 2 -year, 24-hour
storm from each acre drained to the basin. All basins shall provide at least
1,800 cubic feet of live storage from each acre drained or more.
e:b.For basins where the calculation in Section 10-1-12, B.7.a. has not been
performed, a temporary sediment basin providing 3,600 cubic feet of live
storage from each acre drained to the basin shall be provided for the entire
drainage area of the temporary basin.
-c. The outlet structure must be designed to withdraw water from the surface in
order to minimize the discharge of pollutants.
gA.The basin outlet shall be designed to prevent short-circuiting and the
discharge of floatingdebris.
h:e.Ensure the basin can be completely drawn down to conduct maintenance
artivities_
i -f. Include energy dissipation on the outlet of the basin and a stabilized
emergency overflow to prevent failure of pond integrity.
}g. Be located outside of surface waters or any buffer zone, and be designed to
avoid draining water from wetlands unless appropriate approval from the U.S.
Armorrps of Engineers and the Minnesota Department of Natural
Resources is obtained.
h. If installation of a temporary sediment basin is not feasible, equivalent
sediment controls such as smaller sediment basins, and/or sediment traps, silt
fences, vegetative buffer strips, or any appropriate combination of measures
are required for all down-slope boundaries of the construction area and for
side -slope boundaries where appropriate. Determination of feasibility shall be
documented in the erosion and sediment control plan.
8. Individual Construction Site Sediment Controls: Individual construction site sediment
controls shall be installed as specified in the city's "Plan Requirements And Design
Guidelines" and shall include:
a. Rock construction entrance (driveway);
59
b. Perimeter controls including silt fence in place before, during and after
grading of the site. Fencing shall be removed only after proper turf
establishment.
9_Waterway and Watercourse Protection: Waterway and watercourse protection
requirements shall include stabilization of the watercourse channel before, during and
after any in -channel work consistent with the city's general specifications.
a. A temporary stream crossing must be installed and approved by the local
government unit and regulating _ agency if a wet watercourse will be crossed
regularly during construction.
b. The watercourse channel shall be stabilized before, during, and within 24
hours after any in -channel work.
c. No in -water work shall be allowed in Public Waters during the MnDNR's
work exclusion dates.
d. Prior to placement of any equipment into any waters, all equipment must be
free of aquatic plants and non-native animals.
—All on-site stormwater conveyance channels designed according to the criteria
outlined in this document. Stabilization adequate to prevent erosion located at
the outlets of all pipes and paved channels is required.
X10. Site Dewatering:_ Site dewatering shall be conducted pursuant to the cites
general specifications document. Water pumped from the site shall be treated by
temporary sediment basins, grit chambers, sand filters, or other controls as
appropriate to ensure adequate treatment is obtained and that nuisance conditions will
not result from the discharge. Discharges from the site shall not be released in a
manner that causes erosion, scour, sedimentation or flooding of the site, receiving
channels or wetlands.
11. 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 by runoff into a
receiving channel or storm sewer system.
a. Solid waste: All unused building materials and waste (including, but not
limited to: collected sediment, asphalt and concrete millings, floatingdbris,
paper, plastic, fabric, etc.) must be disposed of accordingly and shall comply
with disposal requirements set forth by the MPCA.
b. Hazardous/toxic waste: Paint, gasoline, oil and any hazardous materials must
be properly stored, including secondary containment, to prevent spills, leaks
or other discharges. Access to the storage areas must be restricted to prevent
vandalism. Storage and disposal of hazardous or toxic substance must be in
compliance with the requirements set forth by the MPCA.
c. Liquid waste: All other non-stormwater discharges (including, but not limited
to, concrete truck washout, vehicle washing or maintenance spills) produced
during the construction activity shall not be discharged to any surface waters.
d. External washing of equipment and vehicles: All external washing activities
shall be limited to a designated area of the site. All runoff must be contained
and wastes from external washing activities must be disposed of properly. No
engine degreasing shall be allowed on the site.
e. Wastes generated by concrete and other washout operations: All liquid and
solid wastes generated by any concrete or other washout operations must be
contained in a leak proof facility or impermeable liner. Concrete waste must
not come into contact with the around. Concrete waste must be disposed of
properly and in compliance with applicable MPCA regulations.
4412. 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, MPCA standards and specifications.
13. Energy Dissipation: Pipe outlets must have temporary or permanent energy
dissipation within 24 hours of connection to a surface water.
14. Tracking: Vehicle tracking BMPs (including, but not limited to: rock pads, mud mats,
slash mulch, concrete or steel wash racks, or similar systems) must be installed to
minimize track out of sediment from the construction site. If vehicle tracking BMPs
are not actively_ preventing sediment from being tracked into the street, the applicant
must utilize street sweeping to contain sediment.
15. Final Stabilization: Final stabilization is not complete until the following criteria are
met:
61
a. All land disturbiniz activities must be finished and all soils shall be stabilized
by a uniform perennial vegetative cover with a density % or greater of its
expected final growth density over the entire pervious surface area, or other
equivalent means necessary to prevent soil failure under erosive conditions.
b. The permanent stormwater management system is constructed, meets all of
the required design parameters and is operatingas s designed.
c. All temporary synthetic and structural erosion prevention and sediment
control BMPs (such as silt fence) have been removed. BMPs designed to
decompose on site may be left in place.
d. For residential construction only, individual lots are considered finally
stabilized if the structure(s) are finished and temporary erosion protection and
down gradient perimeter control has been completed and the residence has
been sold to the homeowner.
e. For construction projects on agricultural land the disturbed land has been
returned to its preconstruction agricultural use.
C. Inspection:
1. Notification: The city engineer, chief building official or designated agent shall make
inspections as hereinafter required and either shall approve that portion of the work
completed or shall notify the permittee wherein the work fails to comply with the
erosion and sediment control plan as approved.
2. Procedure: To obtain inspections, the permittee shall notify the city of Rosemount at
least two (2) working days before the following:
a. Start of construction.
b. Installation of sediment and erosion measures.
c. Completion of site clearing.
d. Completion of rough grading.
e. Completion of final grading.
f. Close of the construction season.
C• 1
g. Completion of final landscaping.
h. Removal of erosion control measures.
i. Final project compliance and acceptance closeout.
3. Permittee Inspection: The applicant shall be responsible at all times for the
maintenance and proper operation of all erosion prevention and sediment control
practices.
a. Inspections: The permittee or his/her agent shall ensure that a trained person
will regularly inspect the construction site at least once every seven days until
final stabilization, and within 24 hours of a rainfall event of one-half inch or
greater in a 24 hour period.
b. Recordkeeping: All inspection and maintenance activities conducted on the
site during construction must be recorded in writing and retained with the
erosion and sediment control plan. Records of each inspection and
maintenance activity shall include the following_
i. Date and time of inspection;
ii. Name(s) of persons conductingthe he inspection;
iii. Findings of inspections, including recommendations for corrective
actions;
iv. Corrective actions taken, including the dates, times and the name of
the party completing the corrective action;
V. Date and the amount of rainfall events that are greater than one-half
inch in a 24 hour period; and
vi. Documentation of anchanges made to the erosion and sediment
control plan.
D. Site and BMP Maintenance:
1. _Responsibilities: Prior to any construction in the plat, the developer shall provide the
city engineer with a schedule for erosion and sediment control inspection and
maintenance, including schedules for street cleaning, and street sweeping_. All site
and BMP maintenance activities must comply with the requirements of the NPDES
constructione�permit. The applicant shall investigate and comply with the
following BMP maintenance requirements:
63
a. Silt fence: All silt fences must be repaired, replaced or supplemented when
they become nonfunctional or the sediment reaches one-half (1/2,) of the
height of the fence. Repairs shall be made by the end of the next business day
after discovery or as soon as field conditions allow access.
b. Temporary Sediment Basins: Temporary sedimentation basins must be
drained and the sediment must be removed when the depth of the sediment
collected in the basin reaches one-half the storage volume. Drainage
removal must be completed within 72 hours of discovery or as soon as field
conditions allow access.
c. Surface Waters and Conveyance Systems: Surface water, includingdge
ditches and conveyance systems, must be inspected for visible signs of
sediment being_ deposited by erosion. The applicant must remove all sediment
deposited in surface waters, includingdge ways, catch basins, and other
drainage systems and must re -stabilize the areas of exposed soil as a result of
sediment removal. The removal and stabilization must take place within seven
days of discovery unless legal, re u�ry or physical access constraints
prevent remediation. In the event of an access constraint, the applicant shall
use all reasonable efforts to obtain access. If access is precluded, removal and
stabilization must take place within seven calendar days of obtaining_ access.
The applicant is responsible for contacting all local, regional, state and federal
authorities and obtaining any required permits prior to conducting any work.
d. Streets and Paved Surfaces: Where vehicle traffic leaves an part of the site,
the exit locations must be inspected for visible signs of off-site sediment
trackingpaved surfaces. Tracked sediment must be removed from all off-
site paved surfaces as soon as possible or within 24 hours of discoveoL
e. General Maintenance: The applicant shall be responsible for the operation and
maintenance of temporary and permanent water quality management BMPs,
as well as erosion prevention and sediment control BMPs for the duration of
the construction work on the site. The applicant remains responsible until
another party has assumed control over all areas of the site that have not
established final stabilization and a Notice of Termination (NOT,) has been
submitted to the Minnesota Pollution Control Agency.
f. Off -Site Deposition: If sediment escapes the construction site, off-site
accumulations of sediment must be removed in a manner and at a freq
sufficient to minimize off-site impacts.
g. Infiltration Areas: All infiltration areas must be inspected to ensure that no
sediment from ongoing construction activities is reaching the infiltration area
and these areas are protected from compaction caused by construction
equipment driving across the infiltration area.
2. Lapse: If the site development permittee repeatedly fails to meet or maintain sediment
and erosion control measures per the approved grading, sediment and erosion control
plan, the city may, in its discretion, perform the work or contract to have the work
completed and drawn down on the escrow deposit, letter of credit or bond to pay any
costs.
a. The city will endecwof attempt to notify the developer in advance of any
proposed action, but failure of the city to do so will not affect the developer's
and city's rights or obligations hereunder.
b. If the developer does not reimburse the city for any cost the city incurred
beyond that covered by the deposit, for such work within ten (10) days from
the date notice of the amount owed to the city is mailed, the city may draw on
the security to reimburse city for such costs.
10-1-13: Stormwater Management for Permanent Facilities
A. Specifications: All post -construction stormwater mana eg ment plans must be submitted to
the city engineer prior to the start of construction activity. At a minimum, applicants shall
meet the specifications set forth below and observe the standards established in NPDES
construction general permit requirements, the city's surface water management plan, and
the city's Plan Requirements And Design Guidelines. and the Veffflillion Rivef
Water -shed joint Powers Organization's (NIRWRO) Rules.
B. Design Criteria:
Volume Control: Volume control measures are required on projects to meet the water
Quality criteria of the city's surface water management plan and the standard for the
general authorization to discharge stormwater associated with construction
activity under the NPDES constructioneg neral permit.
1.
2. Rate Control:
65
a. For newly developing areas, no discharge or infiltration can be assumed for
purposes of establishing the 100 -year, 24-hour storm event high water
elevation. For events with longer duration, a maximum peak stormwater
discharge rate will be limited to 0.05 cfs/acre. Redeveloping areas will be
required to meet these standards to the maximum reasonable extent practical.
b. In the event that the city will not be providing a regional system, storage of
the runoff from the 100-vear. 24-hour storm event is reauired on site.
c. Landlocked depressions that presently do not have a defined outlet and do not
typically overflow may be allowed a positive overflow to prevent damage to
adjacent properties. Any overflows from landlocked depressions will comply
with the city's rate control, runoff volume control, and low floor requirements
including storing toring runoff from the 100 -year, 24-hour storm event for new
development and restricting discharge to 0.05 cfs per acre for longer duration
storm events.
These above mentioned Gi�. 5109 daf ds 14---t vr-ovosed-
d. New storm sewer systems shall be designed to accommodate discharge rates
from a 10 -year storm event.
3. Flood Control: The city requires that for any new or redevelopment, at least 3 feet of
freeboard between the anticipated critical 100 -year high water elevation and the
minimum building opening be maintained. Any deviation from the 3 feet freeboard
requirement is subject to the following conditions and may be approved by the
city engineer if the following can be demonstrated:
a. That within the 2 -foot freeboard area, stormwater storage is available which is
equal to or exceeds 50% of the stormwater storage currently available in the
basin below the 100 -year high water elevation.
b. That a 25% obstruction of the basin outlet over a 24-hour period would not
result in more than 1 foot of additional bounce in the basin.
a -.---An adequate overflow route from the basin is available that will provide
assurance that 1 foot of freeboard will be maintained for the proposed low
building opening_
b.c.
24.Design Criteria of Permanent Facilities: All permanent stormwater facilities must
meet the design criteria as provided in the city's surface water management plan.
C. Limitations and Restrictions:
1. Stormwater control facilities shall not receive discharves from or be constructed in
areas where:
a. Industrial facilities are not authorized to infiltrate industrial stormwater under
an NPDES Industrial Stormwater hermit issued by the MPCA.
b. Vehicle fueling or maintenance activities occur.
c. There is less than three (3) feet of separation between the bottom of the
infiltration system to the elevation of the seasonally saturated soils or the top
of bedrock.
d. There are known groundwater contaminants or groundwater will be mobilized
by the construction of infiltration BMPs.
2. For areas where infiltration is prohibited the applicant shall consider alternative
volume reduction BMPs and the water anality volume must be treated by a
sedimentation basin, filtration system, regional ponding or similar method prior to the
release of stormwater to surface water.
3. For linear projects with lack of right-of-way, easements or other permissions from
property owners to install treatments systems that are capable of treating the total
water quality volume on site, the project must maximize treatment through other
methods or combination of methods before runoff is released to nearby surface
waters. Alternative treatment options include: grassed swales, filtration systems,
smaller ponds, or grit chambers. In all circumstances, a reasonable attempt must be
made to obtain right-of-way during the project planning and all attempts of
infeasibility must be recorded.
4. The city may restrict the use of infiltration features to meet post -construction
requirements for stormwater management, without higher engineering review, if the
infiltration techniques will be constructed in the following areas where:
a. Soils are predominately Hydrologic Soil Group D (clay) soils.
b. Within 1,000 feet up -gradient, or 100 feet down -gradient of active karst
features_
c. Drinking Water Supply Management Areas are present, as defined by Minn.
R. 4720.5 1000, subp.13, unless precluded by a local unit of government with
an MS4 permit.
1}d.Soil infiltration rates are more than 8.3 inches per hour unless soils are
amended to flow the infiltration rate below 8.3 inches per hour.
D. Exceptions: The city may authorize lesser volume control for the following situations:
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1. If the project meets one of the limitations outlined above; and
2. If the owner/operator implements to the maximum extent possible other volume
reduction practices, besides infiltration, on the site but may not meet the requirements
for post -construction stormwater management.
E. Mitigation Provisions: Under certain circumstances some construction projects cannot
meet the Total Suspended Solids (TSS) and/or Total Phosphorus (TP) reduction
requirements for new or redevelopment projects on the site of the original construction.
When this occurs, the owner/operator will be required to identify alternative locations
where TSS and TP treatment standards can be achieved. Mitigation project locations are
chosen in the following order of preference:
1. Locations that yield benefits to the same receiving water that receives runoff from the
original construction actiyitL
2. Locations within the same Department of Natural Resource (DNR) catchment area as
the orijzinal construction activity.
3. Locations in the next adjacent DNR catchment area up -stream.
4. Locations anywhere within the city of Rosemount.
Mitigation projects shall also meet the following criteria:
1. Mitigation projects shall involve the establishment new structural stormwater BMPs
or the retrofit of existing structural stormwater BMPs, or the use of a properly
designed regional structural stormwater BMP.
2. Previously required routine maintenance of structural stormwater BMPs cannot be
considered mitigation.
3. Mitigation projects must be finished within 24 months after the original construction
activity begins.
4. Monies received for mitigation purposes in lieu of meeting conditions for post -
construction stormwater management shall be applied to a public stormwater project
and shall comply with subsection 10-1-13E of this chapter.
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5. A maintenance agreement specify the he responsible party for long-term maintenance
shall be identified.
F. Maintenance Agreement: The applicant shall enter into a maintenance agreement with the
city that documents all responsibilities for operation and maintenance of private long-
term stormwater treatment BMPs. Such responsibility shall be documented in a
maintenance plan and executed through a maintenance agreement. All maintenance
agreements must be approved by the -city and recorded at the Dakota County recorder's
office prior to final plan approval. At a minimum, the maintenance agreement shall
describe the inspection and maintenance obligations:
1. The responsible party who is permanently responsible for maintenance of the
structural and nonstructural measures.
2. Pass responsibilities for such maintenance to successors in title.
3. Allow the city and its representatives the right of entry for the purposes of inspecting
all permanent stormwater management systems.
4. Allow the city the rightpair and maintain the facility, if necessary maintenance is
not performed after proper and reasonable notice to the responsible party of the
permanent stop nwater management system.
5. Include a maintenance plan that contains, but is not limited to the following:
a. Identification of all structural permanent stormwater management systems.
b. A schedule for regular inspections, 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 parry for conductingthe he inspection,
monitoring and maintenance for each practice.
-a-.d. Include a schedule and format for reporting compliance with the maintenance
agreement to the city.
6. The issuance of a permit constitutes a right -of -entry for the City, its contractors, and
agents to enter upon the construction site. The applicant shall allow the Ci . , its
contractors, agents and any authorized representatives, upon presentation of
credentials, to:
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a. Enter upon the permitted site for the purpose of obtaining information,
examination of records, conductinginvestigations nvestigations or surveys.
b. Bring such equipment upon the permitted development as is necessm tato
conduct such surveys and investigations.
c. Examine and copy any books, papers, records, or memoranda pertaining to
activities or records required to be kept under the terms and conditions of the
permit.
d. Inspect the stormwater pollution control measures.
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.
10-1-4314: LAWN FERTILIZER REGULATIONS:
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 storm
water drainage systems, natural drainage ways, or within wetland buffer areas.
B. Lawn Fertilizer Content: Except for the first growing season for newly established turf
areas, no person shall apply liquid fertilizer which contains more than one-half percent
(0.5%) by weight of phosphorus, or granular fertilizer which contains more than three
percent (3%) by weight of phosphorus, unless the single application is less than or equal
to one-tenth (0.1) pound of phosphorus per one thousand (1,000) square feet. Annual
application amount shall not exceed one-half (0.5) pound of phosphorus per one thousand
(1,000) square feet of lawn area.
C. Buffer Zone: Fertilizer applications shall not be made adjacent to any water body or
wetland to a distance which is the larger of 16.5 feet or any buffer width as specified for
individual wetlands in the Rosemount Comprehensive Wetland Management Plan.
10-1-47415: PENALTY:
A. Notice of Violation: When the city determines that an activity is not being carried out in
accordance with the requirements of this ordinance, 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 or applicant;
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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 b, filing a
written notice of appeal within 15 days of service of the notice of violation. Service
may be accomplished by mail or by personal delivery of the notice.
B. Stop Work Order/Revocation Of Site Development Permit: In the event that any person
holding a site development permit pursuant to this chapter violates the terms of the permit
or implements site development in such a manner as to materially adversely affect the
health, welfare, environment, or safety of persons residing or working in the
neighborhood or development site so as to be materially detrimental to the public welfare
or injurious to property or improvements in the neighborhood, the city of Rosemount may
suspend or revoke the site development permit through the issuance of a stop work order
or the revocation of site development or building permit. No development, utility or street
construction will be allowed and no building permits will be issued unless the
development is in full compliance with the requirements of this subsection.
C. Restoration of Lands: Any violator may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within a reasonable time after
notice, the city may take necessary corrective action, the cost of which may, after notice
and opportunity for hearing be specially assessed against the property and collected
along with the ordinary taxes by the county.
4'=�. D. Violation And Penalties:
1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation,
or fill, or cause the same to be done, contrary to or in violation of any terms of this
chapter. Any person violating any of the provisions of this chapter shall be deemed
guilty of a misdemeanor and is subject to the penalty as described in title 1, chapter 4
of this code and each day during which any violation of any of the provisions of this
chapter is committed, continued, or permitted, shall constitute a separate offense.
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2. Upon conviction of any such violation, such person, partnership, or corporation shall
be punished by a fine as specified by the city ordinance for fee schedule for each
offense. In addition to any other penalty authorized by this section, any person,
partnership, or corporation convicted of violating any of the provisions of this chapter
shall be required to bear the expense of such restoration.
10-14416: APPEALS:
Any person aggrieved by an action relating to the enforcement of this ordinance, including 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, may
gppeal the action to the city. The following conditions apply to all appeals:
A. The applicant shall submit the appeal in writing to the City Clerk and include supporting
documentation. The City must receive the written appeal within 10 days of the notice of
violation.
B. City staff shall make a decision on the appeal within 15 business days of receipt of a
complete appeal application.
C. The applicant may appeal the decision of city staff to the city council. This appeal must
be filed with the City Clerk within 30 days of city staff's decision. Subject to any
applicable state law, the decision of the City Council is final.
10-1-1517: OTHER CONTROLS:
In the event of any conflict between the provisions of this chapter and the provisions of any other
city ordinance adopted by the city council, the more restrictive standard prevails.
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Section 3: This ordinance will become effective from and after its date of publication.
Adopted this 17th day of February, 2015.
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
Published this day of , 2015 in the Rosernount Town Pages.
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