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HomeMy WebLinkAbout6.l. MS4 Ordinance Approval and Summary Publication6.l. 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 10-1-14: 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, 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. BUILDING INSPECTOR: A person who has received training and is given authority by the city of Rosemount to inspect and maintain erosion and sediment control practices. 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 party 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 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. 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. 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 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. B. Exemptions: The provisions of this chapter do not apply to: 1. Any part of subdivision if a plat for the subdivision has been approved by the city council on or before the effective date hereof; 2. Any land disturbing activitiy for which plans have been approved by the Vermillion River Watershed Management Organization within six (6) months prior to the effective date hereof; 3. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles; 4. Excavations and/or land moving activities involving less than thirty eight (38) cubic meters (50 cubic yards) of soil; 5. Emergency work to protect life, limb, or property. C. Waiver: The city council may waive any requirement of this chapter upon making a finding that compliance with the requirement will involve an unnecessary hardship and the waiver of such requirement will not adversely affect the standards and requirements set forth in this chapter. The city council may require as a condition of the waiver such dedication or construction, or agreement to dedicate or construct, as may be necessary to adequately meet said standards and requirements. 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 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 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. l. 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. l. The city's most recent stormwater management plan district number along with pond storage volume and normal and high water levels for ponds. m. 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. The erosion and sediment control plan shall include the following: a. A project description of the nature and purpose of the land-disturbing activity and the amount of grading involved. b. All existing site conditions, including existing soils, topography, vegetation (including size and type cover), natural resources and drainage. c. All critical erosion areas for areas on the site that have potential for serious erosion problems. d. A description of how the site will be stabilized after construction is completed, including specifications. e. A schedule of regular inspections and repair of erosion and sediment control structures. f. 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. g. 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: i. 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. ii. Prevent sediment damage to adjacent properties and other designated areas. iii. Develop land in increments of workable sizes so that adequate erosion and sediment controls can be provided as construction progresses. iv. Coordinate erosion and sediment control measures with the different stages of construction. Install appropriate control measures prior to development when necessary to control erosion. v. Engineer the construction of steep slopes. vi. 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. vii. Protect storm sewers and paved roads from the entrance of sediment. viii. Manage solid and hazardous wastes on site and properly dispose of wastes. ix. When working in or crossing water bodies, take precautions to contain sediment. x. Insure that a trained person will regularly inspect the construction site, according to the timelines established in the NPDES construction general permit. xi. Maintain all temporary or permanent erosion and sediment control practices, according to the timelines established in the NPDES construction general permit. xii. Establish permanent vegetation upon completion of the construction activity. xiii. Dispose of temporary erosion and sediment control measures following final stabilization. xiv. 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. xv. Use methods of dewatering to reduce the discharge of turbid or sediment- laden waters and prevent nuisance conditions. xvi. 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 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. 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. 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 103B.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. 10-1-10: SURFACE WATER RELATED FEES: A. Storm Water Utility: 1. Utility Established: The city does hereby establish in Rosemount storm water utility for the purpose of managing city- owned storm water facilities, the collection of storm water connection charges, utility user fees and expenditures necessary to own and operate this utility as expressly allowed under Minnesota statues, sections 412.321 through 412.391. 2. Operation and Administration: The operation and administration of the Rosemount storm water utility will be the responsibility of the utilities commission as established in title 2, chapter 4 of this code. 3. Rules and Regulations: Establishment of operational standards, user fees and other rules and regulations established for the purpose of operating this utility are established in the “Storm Water Utility Policy” adopted herein by reference and may be amended by city council resolution as is deemed necessary by the council. 4. Effect, User Fees: the Rosemount storm water utility will be established on April 1, 1992, with the first user fees collected in July 1992. B. Processing and Approval Fee: All applications for storm water management plan approval shall be accompanied by a processing and approval fee determined by the city council. An applicant may also be required to pay a storm water trunk area charge and/or storm water connection charge in order to fund the development and maintenance of community storm water management facilities designed to serve multiple land disturbing and development activities undertaken by one or more persons, including the applicant. 10-1-11: 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. 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. 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. c.d. Designated as a concrete wash out area. d.e. 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. 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. 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. 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. 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. 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 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 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. 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. 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 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. 4720.51000, 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. 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. 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. 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 occurring; 3. A statement specifying the nature of the violation; 4. A description of the remedial measures necessary to bring the development activity into compliance with this ordinance and a time schedule for the completion of such remedial action; 5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and 6. A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of 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. 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. 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. 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.