HomeMy WebLinkAbout6.f. 2021 Stormwater Rebates
EXECUTIVE SUMMARY
City Council Regular Meeting: April 6, 2021
AGENDA ITEM: 2021 Stormwater Rebates AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, P.E. Director of Public
Works/City Engineer
Jane Byron, Storm Water Specialist
AGENDA NO. 6.f.
ATTACHMENTS: Stormwater Rebate Policy APPROVED BY: ELF
RECOMMENDED ACTION: Motion to update stormwater rebates for 2021
BACKGROUND
The City of Rosemount started a Stormwater Rebate program in 2020. City staff is seeking to update the
rebates to encourage greater participation by residents, better reflect a realistic reimbursement given
average project costs, and better reflect anticipated stormwater benefit. Recommended changes based on
project type are as follows:
• Rain barrels – Currently $20, no recommended changes
• Cisterns – Currently $150, recommend an increase to $250
• Native plantings under 11,000 square feet – Currently $100, recommend an increase to $250
• Native plantings over 11,000 square feet – Currently $250, recommend an increase to $500
• Raingardens – Currently $250, recommend an increase to $500
• Buffers or shoreline stabilization – Currently $250, recommend an increase to $500
• Stormwater reuse – Currently $250, recommend an increase to $500
• Permeable pavers or pavement – Currently $250, recommend an increase to $500
• Other projects as approved by the Director of Public Works/City Engineer – Currently $250,
recommend an increase to $500
The Utility Commission approved a recommendation to Council to approve updating stormwater rebates
as listed above at its March 22, 2021 meeting.
RECOMMENDATION
Staff recommends the City Council pass a motion to update the storm water rebates as recommended by
staff and passed by the Utility Commission.
CITY OF ROSEMOUNT
POLICY TITLE: STORMWATER REBATE PROGRAM
EFFECTIVE DATE:
POLICY NUMBER:
PROPOSED BY: PUBLIC WORKS
DATE APPROVED
BY COUNCIL:
DATE AMENDED
BY COUNCIL:
PURPOSE
The purpose of this policy is to lay out general guidelines for the fair distribution of a stormwater
utility rebate to residents, businesses, and organizations that install projects and practices voluntarily
on their property that improve stormwater quality or reduce stormwater volume. The standards laid
out in this policy are meant to ensure that projects are successful and functional. A rebate program
to encourage installation of stormwater improvement projects on private property will have the
following overall benefits to the City as a whole:
• Improved water quality in local waterbodies
• Reduced likelihood of flooding
• Groundwater recharge
• Normalization of yard care practices that are beneficial to water quality
• Improved neighborhood aesthetics
• Improved pollinator habitat
• Compliance with NPDES MS4 Permit public education and participation requirements
For the purpose of this Policy, the following definitions are utilized:
Applicant – A resident, business, or organization that applies for the rebate program
Best management practice (BMP) – A project that removes pollutants from
stormwater or reduces stormwater runoff volume. Examples include raingardens, rain
barrels, and buffers.
Buffer – A native planting adjacent to a waterbody
Businesses – All properties included in the Commercial or Industrial zoning classification
Cistern – A large tank, generally more than 200 gallons in size, used for storing harvested
rainwater
Critical Root Zone – The roots contained within the dripline of a tree canopy.
Cultivar – A plant variety that has been produced in cultivation by selective breeding. For
example, a gardener or horticulturalist may select plants with longer bloom time, a
different flower color, shorter height, or double bloom. Cultivar names have descripted
words or phrases in quotes following the plant species name: Purple Coneflower ‘Butterfly
Kisses’, Big Bluestem ‘Red October’, Joe-Pye Weed ‘Baby Joe’, etc. While being
developed, cultivars may have lost some of the beneficial water quality and pollinator
habitat traits that the original native plant species is known for.
Drinking Water Supply Management Area (DWSMA) – A mapped area of land
managed as part of a wellhead protection plan to protect drinking water sources
Easements – A portion of a privately-owned property with restricted uses that the City or
other entity (primarily utility companies) maintains restricted rights of use and access over.
Easements will be visible on a plat for a property. A common example is drainage and
utility easements that are available to allow for the flow and storage of stormwater and
access to repair City infrastructure (e.g. underground sewer pipes).
Emergency Response Area (ERA) – The area within an aquifer (groundwater layer)
within a 1-year time of travel to a public water supply well
Filtration – The process whereby stormwater passes through a filter, such as soil or sand,
for the purpose of removing pollutants from stormwater, but does not soak into the
ground and become groundwater
Home owners’ associations – Single or multi-family housing developments governed by
an association
Infiltration – The process whereby stormwater soaks into the ground and becomes
groundwater
in/filtration or in/filtrate – shorthand for “infiltration or filtration”
Invasive plants – Plants that are not native to Minnesota and cause economic or
environmental harm or harm to human health
Native garden or native planting – A garden or large planted area where all vegetation is
native plants
Native plant – A plant that is of a species that could historically be found growing in
Minnesota prior to European settlement, is not a cultivar, and whose original plant
propagation source (e.g. seed) is within 200 miles (300 miles for trees and shrubs)
Ordinary High Water Elevation (OHW) – An elevation set by the Minnesota
Department of Natural Resources below which Public Waters regulations apply. The
OHW only applies to Public Waters.
Organizations – all properties included in the Institutional zoning classification
Pesticide – Chemicals used to kill a pest, whether an animal, plant, fungus, etc. Pesticides
include herbicides, insecticides, fungicides, and algicides.
Preemergent pesticides – Herbicides that prevent seeds from germinating.
Pretreatment – Practices used to reduce pollutants in stormwater before it enters a BMP.
Most typically, pretreatment is installed on infiltration BMPs to prevent clogging by
sediment if the source of runoff contains sediment. Pretreatment practices can also
remove trash and oils and grease.
Rain barrel – A small barrel, usually ranging in size from 50 – 200 gallons in size, used for
storing harvested rainwater
Raingarden – A garden built in a shallow depression that collects and in/filtrates
stormwater within 24 hours. Raingardens are typically 3-12” deep and are planted with
vegetation that can withstand periodic short-term inundation. Raingardens are dry most of
the time.
Rainwater harvesting – The process by which rainwater is collected, typically from
rooftops, and stored for later use. Rainwater harvesting is different than stormwater reuse
in that stormwater reuse typically requires a higher level of treatment to collected water to
allow for safe use of the collected water. Rain barrels and cisterns are common methods
by which harvested rainwater is stored.
Regulation – Any ordinance, rule, plan, contract, agreement, policy, or specification that
regulates activity within the City of Rosemount
Residents – All properties included in the Residential or Agricultural zoning classification
Reuse or stormwater reuse – The process by which stormwater is collected and stored
for later use. Stormwater reuse is different than rainwater harvesting in that it typically
requires a higher level of treatment to the collected water to allow for safe use.
Underground cisterns, underground detention galleries, and stormwater ponds are
common methods by which stormwater is stored in a stormwater reuse system.
Right-of-way or rights-of-way – an easement or area owned by the City or other
government entity designated to allow for transportation or movement of people. Rights-
of-way typically include streets, sidewalks, trails, and boulevard areas.
Stormwater or stormwater runoff or runoff – Water from rain or snowmelt that has run
or flowed over the ground or impervious surfaces such as roads and sidewalks
SWCD – the Dakota County Soil and Water Conservation District. Please note, this
organization is distinct from Dakota County.
POLICY
ELIGIBILITY
The rebate program will provide financial reimbursement, in the form of a stormwater utility fee
rebate, to stormwater utility rate payers that install stormwater best management practices on their
property within the City of Rosemount. Typical projects that will qualify for reimbursement include
native gardens, raingardens, buffers, and rainwater harvesting. The following eligibility requirement
must be met by all applicants unless otherwise approved by the Director of Public Works/City
Engineer:
• Projects must use infiltration, filtration, or volume control to treat or reduce runoff.
• The projects must not be required as a result of an enforcement action resulting from a
violation of rule, law, ordinance, permit, or contract. This applies to both City regulations
and regulations by other government entities, such as the State of Minnesota.
• Projects must not be required for the purpose of meeting minimum stormwater
requirements as part of a permit or other regulatory approval. Projects that go beyond
minimum requirements may be eligible on those portions of the project that go beyond
minimum requirements.
PROJECT STANDARDS
The following conditions apply to all projects
• Projects must comply with City regulations
• Projects must not increase erosion, have a negative impact on water quality, have a
negative impact on groundwater, damage adjoining property, create a safety or fire hazard,
or create a public nuisance
• Projects must comply with standards listed in the Minnesota Stormwater Manual, City
Specifications, and the Dakota County Low Impact Development Standards
• Unless otherwise approved by the Director of Public Works/City Engineer, projects shall
not be located within rights-of-way or easements. The City discourages the installation of
BMPs in rights-of-way and easements.
• Projects must be located in such a manner as to not hinder access to public infrastructure
• Unless otherwise stated in this document or otherwise approved by the Director of Public
Works/City Engineer, projects must not be located above an underground utility. The
City also reserves the right to decline funding for projects that occur below overhead
utilities in some cases.
• Projects must have a water quality benefit
• Site preparation and installation methods shall not cause compaction unless required to
support structures and approved by the Director of Public Works/City Engineer.
• Projects that require the approval of the Director of Public Works/City Engineer will
require a maintenance agreement and/or encroachment agreement. Agreements will
range from 10 years to in-perpetuity, depending on the nature of the project. Some
agreements may have to be recorded on the property. All projects requiring a
maintenance or encroachment agreement must summit an application and be approved
before the project is installed. Some projects requiring a maintenance or encroachment
agreement will require regular inspections by City staff during construction.
• Projects shall not remove or damage to the point of mortality healthy, mature, native,
non-hazardous, non-nuisance trees for the purpose of installing voluntary stormwater
BMPs. The exceptions are for trees that are causing damage to or endangering structures,
infrastructure, or safety; trees that are interfering with infrastructure maintenance access;
or ash trees. Mature trees include trees with a diameter 4’ above the ground of 6 inches or
greater.
Rain Barrels
• Must be at least 45 gallons in size to receive funding
• Must be winterized or removed from service in the winter
• Must have an emergency overflow that directs water away from house foundations
• Must be installed and maintained in such a manner that they do not interfere with
neighborhood aesthetics; visual screening may be required in some special cases
• Must provide adequate screening of the stored water to reduce the likelihood of mosquito
breeding and keep large debris out
• Must be installed, operated, and maintained in such a manner as to reasonably be
expected to prevent injury or damage to people, animals, or structures. The system must
be able to withstand the forces that can reasonably be expected to be exerted on it, be
level, not be prone to tipping, and adequately provide for protections from drowning
(provide reasonable safety measures to prevent living things from crawling or falling
inside the barrel). In some cases, anchoring to adjacent structures will be required to
prevent tipping.
• Must be used for non-potable uses only
• Collected rainwater must not be stored in and cannot run over a surface that has a high
potential to leach toxic materials. Examples include shingles that contain asbestos or
roofs treated with pesticides.
• Barrels must be watertight
Cisterns & Rainwater Harvesting
• Must meet all the requirements of a rain barrel listed above
• Must be at least 200 gallons in size
• Must be installed in such a manner as to allow adequate inspection and maintenance
access
• Must meet Minnesota Plumbing and Building Code and provide backflow protection for
systems integrated into potable plumbing systems or interior to buildings
• Underground storage systems must be able to withstand the forces exerted on them. For
example, systems located under parking areas need to be able to withstand the weight load
associated with the level of traffic.
• Underground tanks must not be located below the water table
• Must provide adequate treatment of the stored water for the specified use
Raingardens
• Raingardens shall be designed and function as infiltration BMPs unless otherwise
specified to function as a filter in this policy
• Raingardens shall be free of linings that prevent infiltration into underlying soils unless a
filtration practice is deemed necessary by the City
• The planted area of the raingarden shall be covered with 3-4 inches of shredded
hardwood mulch
• Side slopes within raingardens shall not exceed 3(horizontal):1(vertical) or shall provide an
adequate slope retaining system as approved by the City
• Raingardens shall be installed no closer than 15 feet from full basement foundations, 10
feet from half basements, or 5 feet from slab-on-grade foundations. These setback
distances may apply to other underground structures at the City’s discretion.
• Raingardens shall be installed a minimum of 3 feet from the curb and gutter or outer
shoulder edges of paved streets if there is no curb and gutter. Raingardens shall be
installed a minimum of 10 feet back from the outer shoulder edge of unpaved roads.
• Raingardens must have a stabilized outlet.
• Raingarden base must be at least 3 feet higher than seasonally high-water table elevation
unless converted from an infiltration system to a filter system
• Adequate pretreatment based on the source of stormwater entering the raingarden must
be provided. Pretreatment is typically not required for raingardens that receive roof
runoff and in typical residential applications that don’t receive runoff from the street.
• Fertilizers and pre-emergent pesticides shall not be used in either the construction or
maintenance of raingardens
• Raingardens must convert from an infiltration to filtration BMP in the following
circumstances:
If the garden is receiving runoff from a vehicle fueling or maintenance area
Commercial, institutional, industrial, or agricultural zoned properties where
high levels of contaminants in the soil can be mobilized by infiltrating water
Commercial, institutional, industrial, or agricultural zoned properties where
amended soil infiltration rates are greater than 8.3 inches per hour
Commercial, institutional, industrial, or agricultural zoned properties within
the ERA within the high or very high vulnerability DWSMA
Commercial, institutional, industrial, or agricultural zoned properties within
the ERA within the moderate vulnerability DWSMA unless otherwise
approved by the Director of Public Works/City Engineer
Commercial, institutional, industrial, or agricultural zoned properties within
the high or very high vulnerability DWSMA and outside of the ERA unless
otherwise approved by the Director of Public Works/City Engineer
Areas that receive runoff from automobile salvage yards; scrap recycling and
waste recycling facilities; or hazardous waste treatment, storage, or disposal
facilities
Areas 1000 feet upgradient or 100 feet downgradient of active karst features
• Raingardens must be kept free of invasive plants
• Raingardens shall have edging. The edging shall be installed such that it doesn’t hinder
the ability of stormwater to enter the garden.
• Raingarden depth shall be at least 3” deep and no more than 18” deep
• Raingardens must infiltrate or filter all captured water within 24 hours
• Raingardens shall not damage the critical root zone of healthy, mature, native, non-
hazardous, non-nuisance trees such that the tree is mortally wounded.
Native Plantings
• Shall be at least 100 square feet in size
• Only native plants shall be planted in native gardens. Cultivars of native plants will not be
accepted. Native gardens can be installed adjacent to an existing garden that has
nonnative plants.
• Shall be kept free of invasive plants
• Shall be situated such that they treat stormwater from impervious surfaces
• Native planting may be located over underground utilities if space constraints exist on the
property, no shrubs are used in the planting, no trees are used in the planting, the
property owner is willing to enter into a 10 year maintenance agreement for the project,
no known capital improvement projects are planned for the utility for the next 10 years,
no grade changes will occur as a result of the project, no obstructions to access or
maintenance are placed in the project, and the project has received preapproval from the
Director of Public Works/City engineer. The affected utility shall not be held responsible
for any damages to the project in the course of maintaining or operating the utility.
• Native plantings shall be installed a minimum of 3 feet from the curb and gutter or outer
shoulder edges of paved streets if there is no curb and gutter. Native plantings shall be
installed a minimum of 10 feet back from the outer shoulder edge of unpaved roads.
• Native plantings shall be free of linings that prevent infiltration into underlying soils
• The planted area of the native planting shall be covered with 3-4 inches of shredded
hardwood mulch unless the planting has been established by a seed mix. If the planting is
established by a seed mix, temporary erosion controls (e.g. erosion control blanket, cover
crops, etc.) shall be installed during establishment.
• Fertilizers and pre-emergent pesticides shall not be used in either the construction or
maintenance of native gardens
• Native plantings shall have edging. The edging shall be installed such that it doesn’t
hinder the ability of stormwater to enter the garden. Very large native plantings may use
boundary markers every 50’ rather than edging. Forest understory plantings following
buckthorn or other invasive understory plant removal are not subject to the requirement
for edging or markers.
• The native planning cannot be a preexisting natural feature
Buffers
• Any project that involves work occurring below the OHW of a Public Water, including
planting below the OHW, must contact the MnDNR to determine if permits are required
for the project
• Only native plants shall be planted in buffers. Cultivars of native plants will not be
accepted.
• Only portions of buffers that are wider than what is required by any government
regulation or agreement are eligible for this program
• Buffers must extend at least an average of 16.5’ landward from the waterbody. Buffers
must extend at least 15’ along the shoreline.
• Hard armoring practices, such as riprap or retaining walls, are not eligible
• Shall be kept free of invasive plants.
• No shrubs or trees shall be planted over underground utilities. The affected utility shall
not be held responsible for any damages to the project in the course of maintaining or
operating the utility.
• Adequate erosion and sediment control must be installed throughout the life of the
project. Generally, this means that an erosion control blanket adequate to the
establishment time and slope will be required at the beginning of the project. In some
cases, coconut fiber logs will be required to protect the waters edge from forces exerted
on it by the water.
• Buffers shall have edging; or, buffers shall have boundary markers no less than every 50
feet and at every major buffer boundary directional change. Edging shall be installed
such that it doesn’t hinder the ability of stormwater to enter the buffer. Forest
understory plantings following buckthorn or other invasive understory plant removal are
not subject to the requirement for edging or markers.
• The buffer cannot be a preexisting natural feature
• Shall be free of linings that prevent infiltration into underlying soils
• Fertilizers and pre-emergent pesticides shall not be used in either the construction or
maintenance of buffers
• Fill shall not be installed in buffers without prior written approval by the Director of
Public Works/City Engineer
• Shall include goose or other wildlife exclusion measures if warranted by conditions in the
adjacent waterbody.
Stormwater Reuse
• Shall meet all the requirements for cisterns and rainwater harvesting
• Projects whose water source is a natural waterbody, such as lakes and wetlands, shall not
be eligible for this program
• Shall be subject to watering restrictions
• Shall be approved by the Director of Public Works/City Engineer
Permeable Pavers & Pavements
• Shall be approved by the Director of Public Works/City Engineer
• Permeable pavers and pavements are not allowed in the following circumstances:
o If the area is receiving runoff from a vehicle fueling or maintenance area
o Commercial, institutional, industrial, or agricultural zoned properties where high
levels of contaminants in the soil can be mobilized by infiltrating water
o Commercial, institutional, industrial, or agricultural zoned properties where
amended soil infiltration rates are greater than 8.3 inches per hour
o Properties within the ERA within the high or very high vulnerability DWSMA
o Properties within the ERA within the moderate vulnerability DWSMA unless
otherwise approved by the Director of Public Works/City Engineer
o Commercial, institutional, industrial, or agricultural zoned properties within the
high or very high vulnerability DWSMA and outside of the ERA unless otherwise
approved by the Director of Public Works/City Engineer
o Areas that receive runoff from automobile salvage yards; scrap recycling and
waste recycling facilities; or hazardous waste treatment, storage, or disposal
facilities
o Areas 1000 feet upgradient or 100 feet downgradient of active karst features
• Must be able to withstand the forces exerted on them. Systems need to be able to
withstand the weight load associated with the level of traffic.
• The reservoir layer must be at least 3 feet higher than seasonally high-water table
• Shall be designed to draw down within 48 hours
• Shall comply with recommendations of the Minnesota Stormwater Manual
• Shall be designed an operated to reduce the chance of clogging and pollution to
underlying groundwater
• Shall have adequate protections in place to prevent water intrusions into basements and
underground structures
• Shall have pretreatment adequate for the source of the stormwater entering the pavement
Other Projects
• May be accepted on a case-by-case basis and must be approved by the Director of Public
Works/City Engineer
• Must adhere to standard engineering practices
• For proprietary products, installation and maintenance must follow manufacturer’s
guidelines
PROCEDURE
APPLICATION PROCESS
Requests to receive the rebate must be submitted in writing on a form developed by the City with
required attachments and supporting information for consideration. The City is under no obligation
to approve an application nor to provide the rebate.
Projects that require submission of an application and pre-approval before the project has been
started include the following:
• Projects proposed to be located in easements and rights-of-way
• Projects located over underground utilities
• Projects that require a permit
• Projects that propose compacting soils or the subgrade as part of the project
• Projects that require a maintenance or encroachment agreement
• Proposed infiltration raingardens located in the ERA and moderate vulnerability DWSMA
located on commercial, institutional, industrial, or agricultural zoned properties
• Proposed infiltration raingardens located in the high or very high vulnerability DWSMA
located on commercial, institutional, industrial, or agricultural zoned properties
• Buffer projects that propose to add fill
• Stormwater reuse projects
• Permeable paver and pavement projects
• Projects that are not a rain barrel, cistern, rainwater harvesting, raingarden, native planting,
or buffer
• Native plantings located in an easement
Projects requiring a maintenance or encroachment agreement must have a fully-executed agreement
prior to approval and installation of the project. A pre-project site inspection by city staff or
representatives will be required.
Any project that is not required to submit an application for pre-approval can still be submitted for
review prior to installation. An optional preinstallation review can help troubleshoot common
design and installation mistakes. Most preinstallation reviews will include a visit to the location of
the proposed project to verify site conditions. It is highly recommended that all projects on
commercial, agricultural, industrial, and institutional zoned lands submit projects for preinstallation
review.
The deadline for application is October 1 each year. Applications submitted after October 1 will be
considered the following year and be subject to that year’s budget.
Pre-approval of a project or a preinstallation review shall not guarantee a rebate. Issuance of a
rebate shall be based on whether inspection of the completed project confirms compliance with this
policy and any maintenance or encroachment agreements associated with the project.
PROJECT ACCEPTANCE AND DISBURSEMENT OF REBATE
The applicant will be required to submit receipts for project expenses for review. Upon completion
of the project, submission of a complete application, and submission of receipts, the city will visit
the project to confirm installation in accordance with this policy; the city will make a reasonable
effort to contact the property owner with regards to when inspection will occur. Any project
requiring a maintenance or encroachment agreement must have an executed agreement prior to
project acceptance. Buffer projects that plant below the OHW of a Public Water will be required to
submit a copy of the MnDNR permit or approval to do so. Projects that use seed to establish a
vegetated BMP will not be eligible for reimbursement until perennial vegetation has become
established; this could take more than a year for some projects and does not include the
establishment of a cover crop for erosion prevention purposes. Projects that use seed to establish a
vegetated BMP will also be required to provide information on seed vendor, seed mix, and seed tags.
Projects will only receive rebates if funding remains in the program budget for the year. Qualifying,
complete projects will receive rebate on a first come first served basis.
Rebates for projects that are funded will show up as a credit on the next city utility bill. The
quarterly stormwater utility fee will be smaller than the rebate in most cases. As such, any excess
rebate will be carried over to the next bill until the entire rebate credit has been claimed.
Projects must remain in place, with the exception of rain barrels, for no less than 5 years or a longer
time if specified in a maintenance or encroachment agreement. The project will be subject to City
inspection to confirm the BMP has remained in place and functional during that timeframe. The
City will make a reasonable effort to contact the property owner prior to any inspection. Removal
of the BMP before the end of that timeframe or refusal to allow City inspection shall result in the
cost of the rebate received being charged back to the property owner in their utility bill.
QUALIFYING EXPENSES
The City will only provide rebates for expenses that are specific to the function of the BMP: plants
in the BMP, equipment rental, mulch, edging, compost, etc.
The following expenses shall not qualify for reimbursement:
• Unpaid labor, including labor performed by the property owner, volunteers, and their
immediate relatives or dependents
• Hard armoring (e.g. riprap) of shorelines
• Materials whose only function is decorative: decorative rock, stepping stones, decorative
fencing, boulders, etc.
The City shall set a maximum reimbursement/rebate amount (i.e. cost cap) for the following
materials annually:
• Edging
• Trees
• Shrubs
• Dry riverbeds
• Splash blocks
• Retaining walls
• Downspout redirection
REBATE RATES
Rebate credits shall be earned at the following rates:
• No project shall receive a reimbursement that exceeds 50% of total qualifying expenses
• Projects may still qualify for rebate if they receive grants or cost share or reimbursement or
other financial assistance through another program offered from another government
organization or nonprofit. However, all combined financial assistance, including this rebate,
shall not exceed total qualifying expenses for the project. In other words, the property
owner shall not be allowed to make a monetary profit from installation of the project.
• Each property can only receive one (1) rebate per year and rebates cannot be combined
• Each property can only receive a maximum of four (4) rain barrel or cistern rebates over the
time that a same property owner owns the property
• Any individual can only receive a maximum of four (4) rain barrel or cistern rebates ever.
• The City shall annually set a maximum rebate award for projects. The maximum rebate
award will vary for different project types. The City may also adjust the maximum rebate
award based on size of practice and water quality benefit provided.
MAINTENANCE REQUIRED
Maintenance is required. Projects shall be maintained for a period of no less than 5 years. Some
projects will have a longer maintenance period as established through agreement with the City.
During the maintenance period, the City shall have the right to enter the property to confirm that
BMPs are being maintained. The city shall make a reasonable effort to inform the property owner
prior to inspection. Some BMPs will require submission of an annual inspection report by a
qualified professional if established through an agreement with the city.
The following items shall be included in any applicable maintenance agreement:
• Planted BMPs shall remain free of invasive plants
• Native vegetation shall remain native
• Planted BMPs shall remain vegetated
• Pesticides shall not be used in vegetated BMPs except for selective application to nonnative
pests
• Pesticide used in buffers shall be appropriate for use near water
• Fertilizers shall not be used in vegetated BMPs
• Snow shall not be stored on in/filtration BMPs
• Winter sand application shall not be used on permeable pavers or pavements
• An approved snow and ice control plan that limits deicers shall be required for permeable
pavers and pavements. Individuals and organizations performing winter maintenance shall
have MPCA Smart Salting certification, and certification shall remain current.
• Permeable pavers and pavements shall be vacuumed or regenerative air swept twice per year
at minimum: once in spring and once in fall. Vacuum or regenerative air sweepers shall not
use brushes. Power washing and vacuuming will be performed on any clogged areas that
remain after sweeping. Void spaces in paver systems shall be refilled by permeable
aggregates or sands as needed following sweeping, vacuuming, or power washing operations.
• Materials shall not be stored temporarily on in/filtration BMPs that have the potential to
clog or compact the BMP
• An approved pretreatment maintenance program appropriate for the location and
pretreatment BMP installed for projects requiring a maintenance agreement
• The size and capacity of the BMP shall not be reduced during the maintenance term
• The City shall have the right to inspect
• Annual inspection and maintenance reports by a qualified individual submitted by the grant
recipient to the City during the maintenance term for projects requiring a maintenance
agreement. Issues found in the annual report shall be repaired within three (3) months
unless a longer time period is approved by the city.