HomeMy WebLinkAboutOrdinance - 18-2022 - Amending City Code Chapter 11 Relating to Stormwater Management - 09/29/2022CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 18-2022
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 11, SECTION 11.55 RELATING TO STORMWATER
MANAGEMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Section 11.55, Subd. 2 is amended by inserting alphabetically
the following new definition:
Impervious Surface means 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 installation of the hard
surface. Examples include rooftops, sidewalks, patios, driveways, parking lots, and
concrete, asphalt, or gravel roads.
Section 2. City Code Chapter 11, Section 11.55, Subd. 5, Subsection C is amended by deleting
the phrase "MPCA publication 'Protecting Water Quality in Urban Areas"' and replacing it with
the phrase "Mim1esota Stormwater Manual".
Section 3. City Code Chapter 11, Section 11.55, Subd. 6, Subsection C is amended by deleting
items 1 through 4 and replacing them with the following:
1. Retain a runoff volume equal to one ( 1) inch times the area of the proposed
new and fully reconstructed impervious surfaces onsite.
2. For linear projects, retain a runoff volume equal to the greater of one (1)
inch of runoff from the new impervious surface or one-half (0.5) inch of
runoff from the sum of the new and fully reconstructed impervious surfaces
created by the project.
3. Pretreatment in the form of sump structure, vegetated filter strip, water
quality inlet or other Sediment control method to settle particulates
approved by the City shall be provided for all filtration and infiltration areas.
4. Calculations, modeling and design for and installation oflnfiltration BMPs
must be provided.
5. No wetlands or areas below the calculated normal water level of constructed
wet ponds shall be accepted as an Infiltration practice.
Section 4. City Code Chapter 11, Section 11.55, Subd. 6, Subsection D is amended by deleting
items 1through4 and replacing them with the following:
1. Where industrial facilities are not authorized to infiltrate industrial
Stormwater under an NPDES/SDS Industrial Stormwater Permit issued by
the Minnesota Pollution Control Agency (MPCA).
2. On land where vehicle fueling and maintenance currently occur, regardless
of the amount of new and fully reconstructed impervious surface.
3. Where there is less than three (3) feet vertical feet of separation from the
bottom of the Infiltration BMP to the elevation of seasonally saturated soils
or the top of bedrock.
4. Where high levels of contaminants in soil or groundwater will be mobilized
by the infiltrating Stormwater. Documentation regarding type and extent of
identified contaminants identified, such as a Phase I Environmental Site
Assessment or the MPCA's site screening assessment checklist, must be
provided.
5. Where predominately Hydrologic Soil Group D (clay) soils exist.
6. Where soil Infiltration rates exceed 8.3 inches per hour, unless soils are
amended to slow the infiltration rate below 8.3 inches per hour.
7. Within one thousand (1,000) feet up-gradient, or one hundred (100) feet
down-gradient of active karst features. The city may require the applicant
to perform additional appropriate geotechnical investigations in areas of
suspected active karst or shallow bedrock.
8. In an Emergency Response Area (ERA) within a Drinking Water Supply
Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13,
classified as high or very high vulnerability as defined by the Minnesota
Department of Health.
9. In an ERA within a DWSMA classified as moderate vulnerability, unless
the permittee performs or approves a higher level of engineering review
sufficient to provide a functioning treatment system and to prevent adverse
impacts to groundwater.
10. Outside of an ERA within a DWSMA classified as high or very high
vulnerability, unless the permittee performs or approves a higher level of
engineering review sufficient to provide a functioning treatment system and
to prevent adverse impacts to groundwater;
Section 5. City Code Chapter 11, Section 11.55, Subd. 6, Subsection Eis amended by deleting
items 1 through 8 and replacing them with the following:
1. Where the bottom of the Infiltration basin will be less than three (3) feet
above the normal water level of any adjacent wetland.
2. Within a Drinking Water Supply Management Area (DWSMA) as defined
in Minn. Rules 4720.5100, subp. 13.
3. Within fifty (50) feet of an outdoor salt stockpile or storage area.
4. Where vehicle fueling and maintenance previously occurred.
5. Within the Wellhead Management Zone (WMZ) of any City well.
Section 6. City Code Chapter 11, Section 11.55, Subd. 6, Subsection F, Item 2, is amended in the
last sentence by adding the words "or easements" after "right-of-way".
Section 7. City Code Chapter 11, Section 11.55, Subd. 6, Subsection F is amended in the first
sentence after Item 2 by adding the phrase "wet sedimentation basins," after "alternatives such as";
and "systems" after the word "Filtration".
Section 8. City Code Chapter 11, Section 11.55, Subd. 6, Subsection G, Item 3, is amended by
deleting the item in its entirety and replacing it with the following:
3. Mitigation projects must be completed within twenty-four (24) months after
the start of the Construction Activity or Land Alteration. If the permittee
determines more time is needed to complete the treatment project, the
permittee must provide the reason(s) and schedule(s) for completing the
project in the annual report.
Section 9. City Code Chapter 11, Section 11.55, Subd. 7, Subsection E, is amended by deleting
the subsection in its entirety and replacing it with the following:
E. Inspections and lvfaintenance during Land Alteration Activities. During the Land
Alteration the Permittee must inspect each Stormwater Facility and Erosion Control
System bi-weekly and immediately after each rainfall event of one-half (0.5) inches
or more. Any Erosion or breach in an Erosion Control System must be corrected
within forty-eight ( 48) hours of identifying the Erosion or breach. Correction may
include, but is not limited to: rehabilitation of an Infiltration practice; removal of
silt, litter and other debris from catch basins, inlets and drainage pipes; removal of
noxious or invasive weed species; and/or replacement of landscape vegetation.
Inspections shall include, but are not limited to, evaluation of the following items:
1. Stabilization of exposed soils (including stockpiles);
2. Stabilization of ditch and swale bottoms;
3. Sediment control BMPs on all downgradient perimeters of the project and
upgradient of buffer zones;
4. Storm drain inlet protection;
5. Energy dissipation at pipe outlets;
6. Vehicle tracking BMPs;
7. Preservation of a fifty (50) foot natural buffer or redundant sediment
controls where stormwater flows to a surface water within fifty (50) feet of
disturbed soils;
8. Owner/operator of construction activity self-inspection records;
9. Containment for all liquid and solid wastes generated by washout operations
(e.g., concrete, stucco, paint, form release oils, curing compounds, and other
construction materials); and
10. Maintenance and functionality of BMPs.
Documentation for each inspection must be provided to the City in a format
approved by the City within forty-eight (48) hours of the inspection.
Section 10. City Code Chapter 11, Section 11.55, Subd. 7, Subsection F, is amended in the third
sentence by deleting the phrase "within forty-eight ( 48) hours" and replacing it with the phrase
"within ninety (90) days".
Section 11. City Code Chapter 11, Section 11.55, Subd. 7, Subsection G, is amended by adding
the following new sentence after the end of the subsection: "The survey shall be provided in the
Minnesota County Coordinate System, Hennepin County North American Datum 1983 (NAD83)
(1996) projection in U.S. Survey feet. All vertical elevations shall be in North American Datum
1988 (NAVD88). The survey shall also be in a format compatible with the City's current GIS
software."
Section 12. City Code Chapter 11, Section 11.55, Subd. 8, Subsection D, is amended by inserting
the following new Item 4 and renumbering the remaining items accordingly:
4. A dewatering and basin draining plan.
Section 13. City Code Chapter 11, Section 11.55, Subd. 8, Subsection D, is further amended in
Item 9 (as renumbered as provided in Section 12 above) by adding the words "inspect, maintain,
and" after "used to".
Section 14. City Code Chapter 11, Section 11.55, Subd. 14, is amended by deleting the subdivision
in its entirety and replacing it with the following:
Subd. 14. Adopted by Reference. The Minnesota Stormwater Manual and
Minnesota's Construction Stormwater General Permit published by the Minnesota
Pollution Control Agency are hereby adopted and incorporated by reference.
Section 15. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 16. This ordinance will become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day
of September, 2022, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 20th day of September, 2022.
atie O'Connor, Deputy City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the 29 day of September, 2022.
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 18-2022
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 11, SECTION 11.55 RELATING TO STORMWATER
MANAGEMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends Chapter 11, Section 11.55 of the City Code related to
stormwater management. The amendment adds definitions to the Section; repeals outdated
requirements and conditions and inserts new requirements and conditions consistent with MPCA
and MS4 requirements; inserts new requirements for stormwater management on linear projects;
details infiltration requirements and prohibitions; provides additional guidelines for off-site
stormwater treatment; and housekeeping amendments to make 11.55 more user-friendly.
Effective Date: This Ordinance shall take effect upon publication.
/~ C--
Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on September 29, 2022.
(A full copy of the text of this Ordinance is available from City Clerk.)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Debbie Schwalba being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as :
SS Mtka_Excelsior_Eden Prairie
with the known office of issue bein,g located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below :
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §33 lA.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 09/29/2022 and the last
insertion being on 09/29/2022.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The . newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged ·
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
Designated Agent
Subscribed and sworn to or affirmed before
me on 09/29/2022 by Debbie Schwalba.
Rate Information:
(1) Lowest classified rate paid by co=ercial users
for comparable space : .
$68 .50 per column inch
Ad ID 1260611
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA
SUMMARY OF
ORDINANCE 18-2022
AN ORDINANCE OF
THE CITY OF EDEN
PRAIRIE, MINNESOTA,
AMENDING
CITY CODE CHAPTER 11,
SECTION 11.55 RELATING
TO STORMWATER
MANAGEMENT; AND
ADOPTING BY REFERENCE
CITY .CODE CHAPTER 1
AND :SEGTION 11.99
WHICH AMONG OTHER
THINGS CONTAIN
PENALTY PROVISIONS
THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, MINNE-
SOTA, ORDAINS:
Summary: This ordinance
amends Chapter 11, Section
11.55 of the City Code related to
stormwater management. The
amendment adds definitions to the
Section; repeals outdated require-
ments and conditions and inserts
n~w requirements and conditions
consistent with MPCA and MS4
requirements; inserts new require-
ments for stormwater management
on linear projects; details infiltra-
tion requirements and prohibitions;
provides additional guidelines for
off-site stormwater treatment; and
housekeeping amendments to
make 11.55 more user-friendly.
Effective Date · This Ordinance
shall take effect upon publication.
A full copy of the text of this Or-
dinance is available from City Clerk.
Ronald A. Case , Mayor
ATTEST:·
Katie O'Connor; Deputy City Clerk
Published in the
Sun Sailor
September 29 , 2022
1260611