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HomeMy WebLinkAboutPlanning Commission - 03/09/2015 AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, March 9, 2015, 7:00 P.M. PLANNING COMMISSION MEMBERS: John Kirk, Jon Stoltz, Charles Weber, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Andrew Pieper STAFF MEMBERS: Julie Klima, City Planner; Rod Rue, City Engineer; Stu Fox, Manager of Parks and Natural Resources Regina Rojas, Senior Planner I. PLEDGE OF ALLEGIANCE -- ROLL CALL II. APPROVAL OF AGENDA III. MINUTES A. Approval of the Minutes for the February 23, 2015 meeting IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS VII. PLANNERS’ REPORT A. STORMWATER CODE AMENDMENT VIII. MEMBERS’ REPORTS A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJORNMENT ANNOTATED AGENDA TO: Planning Commission Members FROM: Julie Klima, City Planner RE: Planning Commission Meeting for Monday, March 9, 2015 ___________________________________________________________________________________________ MONDAY, MARCH 9, 2015 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE- ROLL CALL III. APPROVAL OF AGENDA MOTION: Move to approve the agenda. IV. APPROVAL OF MINUTES MOTION: Move to approve the following Planning Commission minutes: A. PLANNING COMMISSION MEETING HELD MONDAY, FFEBRUARY 23, 2015 V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS VIII. PLANNERS’ REPORT A. STORMWATER CODE AMENDMENT Leslie Stovring, Environmental Coordinator, will provide a presentation on the proposed code amendment. Included for the Commission’s reference is a clean copy of the amendment language as currently proposed. Also attached is a working copy of the existing language in City Code indicating proposed changes. The Commission is asked to review the draft code amendment and be prepared with questions after the presentation by staff. No formal action is requested at this time. The Code Amendment will be back for a public hearing and formal action in April. IX. MEMBERS’ REPORT B. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Move to adjourn the Planning Commission meeting. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 23, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Charles Weber, Andrew Pieper STAFF MEMBERS: Julie Klima, City Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE – ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Frank and Kirk were absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Pieper, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 9, 2015 MOTION by Pieper, seconded by Wuttke, to approve the minutes. Motion carried 4-0; Egan and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. WAGNER PROPERTY by Pemtom Land Company Location: 10841 and 10861 Blossom Road Request for: • Planned Unit Development Concept Review on 6.5 acres Planning Commission Minutes February 23, 2015 Page 2 • Planned Unit Development District Review with waivers on 6.5 acres • Zoning District Change from R1-22 to R1-13.5 on 6.5 acres • Preliminary Plat of 6.5 acres into 12 lots and road right of way Dan Blake, representing The Pemton Land Company, presented the proposal. He stated they did have a neighborhood meeting last month with approximately 30 people in attendance. Mr. Blake utilized the overhead projector to show where the property was located on the map. He pointed out there are 12 single family lots on 6.5 acres. There is also a lot of topography on this site. A good portion of trees are cedar, along with some oak. Mr. Blake said he would rather answer questions from the City Staff, Commission and the public. Chair Stoltz asked Klima to review the staff report. Klima said the need for the waiver is the necessity to connect all of the roads through the project. Staff recommends approval subject to the conditions listed in the staff report. Chair Stoltz opened the meeting up for public input. Kathy Mason, (unknown address), asked who it was that stated they did not want a cul-de-sac. Klima said when Mr. Blake came in to talk to City Staff, the Planning and Engineering Staff said that the roads should connect on this property consistent with city plans. Higgins asked Mr. Blake about the tree replacement program and that there are some red pines slated to be removed. In regards to the history of this property, she asked if these trees could be saved. Mr. Blake said he would be open to reviewing this and would keep the trees where ever possible. MOTION by Weber, seconded by Egan, to close the public hearing. Motion carried 6-0. MOTION by Weber, seconded by Egan, to recommend approval of the PUD Concept Review on 6.5 acres; Planned Unit Development Review with waivers on 6.5 acres; Zoning District Change from R1-22 to R1-13.5 on 6.5 acres; Preliminary Plat of 6.5 acres into 12 lots and road right of way based on plans stamp dated February 11, 2015, and the information included in the staff report dated February 23, 2015. Motion carried 6-0. B. CODE AMENDMENT RELATING TO FENCE HEIGHT by City of Eden Prairie Request to: • Amend City Code relating to the maximum fence height. Klima presented this code amendment. She stated the current City Code restricts fence height to 6 feet. The Minnesota Building Code recently revised their Planning Commission Minutes February 23, 2015 Page 3 height restriction to 7 feet. The City would like to be consistent with this code and staff recommendation is for approval. Chair Stoltz opened the meeting up for public input. There was no input. Wuttke asked if the limitation is 7 feet or could it be higher. Klima said the Planning Commission and City Council can approve a higher fence restriction. In the past, if someone wanted a higher fence, it was first analyzed by staff to see if it is appropriate to ask for a variance request. Chair Stoltz asked if the Commission has ever said no to a variance request. Klima said as long as she has been with the Planning Department she has not seen a variance request turned down. She pointed out Staff will work with the project proponent to fine tune the variance request to a point where it is favorable to city standards. Wuttke asked if there has been any thought on district differences, in regards to fence height. Klima suggested reviewing item G, it addresses general screening. The way it was written, 6 feet was the same for all the districts and 7 feet would be the same. Egan commented even though the State is changing their guideline, Eden Prairie does not necessarily have to follow what they do, as then everyone will be putting up 7 feet fences. Klima said the fences would not be required to go to 7 feet, but they would have an opportunity. Egan said she is concerned with a 7 foot fence and asked it that height is really needed. Klima said this is a request to amend the code to keep it consistent with the Minnesota Building Code. The Commission should discuss if this amendment is appropriate for Eden Prairie. Wuttke said most of the fences are built for 6 feet sections. Klima said with the new restriction for the Minnesota Building Code, she anticipates the fence sections will be built to 7 feet. Wuttke asked if the LRT will need fences and how high they would be. Klima said they have not gotten into that detail yet in regards to the LRT. Wuttke asked if Staff has thought about delineation by districts. Chair Stoltz asked if it was done by zones, would it make it easier for staff. Klima said the issue of height variance has primarily been an issue in the residential areas. Wuttke said he would like to see what has been requested in the past 10 years and to see what other cities are doing. Higgins said she would like more information on this and is not prepared to move forward with this tonight. Pieper also agreed he would like some more background information on this. Chair Stoltz said it appears the majority of the Commission would like more information on this topic. Planning Commission Minutes February 23, 2015 Page 4 MOTION by Wuttke, seconded by Higgins, to recommend a continuance to the March 23, 2015 meeting. Motion carried 6-0. VII. PLANNERS’ REPORT No Planners’ report. VIII. MEMBERS’ REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT Weber stated the meeting that was held a few weeks ago discussed the design of the stations. The next Community Advisory Meeting will be held on February 24th. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Weber, seconded by Higgins, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:37 p.m. Memorandum To: Planning Commission From: Leslie A. Stovring, Environmental Coordinator Date: March 9, 2015 Re: Code Amendment – City Code Section 11.55 Relating to Land Alteration, Tree Preservation and Stormwater Management Regulations What are the Land Alteration, Tree Preservation and Stormwater Management Regulations? The Code was developed to protect water quality and preserve trees within the City. The Stormwater Management Regulations serve to supplement the General Permit Authorization to Discharge Stormwater Associated with Construction Activity under the National Pollutant Discharge Elimination System (NPDES) / State Disposal System (SDS) Program, commonly called the NPDES Permit, which provides a set of minimum standards for water quality protection and stormwater management. Why is the Amendment to the Code Proposed? Eden Prairie was issued coverage under the latest NPDES permit on April 3, 2014. The NPDES permit includes a number of new requirements, including updating our City Code for management of stormwater post-construction. The amendment to the Code is to address the following: • Ensure that the City requirements meet or exceed the standards set in State’s Construction Activity Permit under the NPDES / DSD Program. • Incorporate new requirements for volume control and nutrient management for construction sites that disturb one (1) acre or greater (including common plans of development). What are the Potential Impacts of this Revision? Adoption of these standards will require additional staff time to review projects that are greater than one acre in size or more. It is not anticipated that this will slow down the development review process. The Watershed District process would be separate and the City Code requirements would be as or perhaps less restrictive in most instances. City projects, including linear projects such as roads or trails, will require additional analysis and provisions for infiltration and treatment of stormwater runoff to the maximum extent practicable. If mitigation is required, additional time for an analysis to locate mitigation opportunities; procuring funding for purchase of property or easements; construction of the mitigation; and monitoring and maintenance of mitigation sites would be needed. This would potentially be an added cost for the city and the developer. What are the Key Changes? • Consolidation of Tree Protection Requirements (Subd. 4) • Addition of new stormwater management requirements (Subd. 6) • Better correlation with the City’s NPDES Permit requirements in general • Miscellaneous or housekeeping issues that have arisen during day to day application of the ordinance. This includes reorganization of the Code. What are the Next Steps? Commission members are requested to review the attached Code Amendment and be prepared to ask questions after the presentation by staff. No formal action is requested at this time. The Code Amendment will be back for a public hearing and formal action in April. Key Acronyms BMP – Best Management Practice DNR – Minnesota Department of Natural Resources MEP – Maximum Extent Practicable MPCA – Minnesota Pollution Control Agency MS4 – Municipal Separate Storm Sewer System NPDES – National Pollutant Discharge Elimination System USEPA – U.S. Environmental Protection Agency WMZ – Wellhead Management Zone CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTERATION, TREE PRESERVATION, AND STORMWATER MANAGEMENT REGULATIONS 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 is hereby amended by deleting Section 11.55 in its entirety and replacing it with the following: SECTION 11.55 - LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT REGULATIONS. Subd. 1. Declaration of Policy and Purpose. A. Land Alterations are inherently accompanied by noise and dust, may create hazardous conditions and may result in lasting disfigurement of the places where they are carried on and thus may affect existing land uses in nearby areas, discourage further permanent development of the surrounding properties, impair adequate planning or municipal development, and diminish public health, safety, and general welfare. It is, therefore, desirable to regulate Land Alterations in the City. B. Tree removal, damage, and destruction tends to endanger the natural character of the land from which the trees have been removed and surrounding lands, and to diminish and impair the public health, safety and general welfare. The Council desires to protect the integrity of the natural environment and finds that trees do so by providing for better air quality, scenic beauty, protection against wind and water erosion, and natural insulation for energy preservation. Further, the Council finds that trees protect privacy and provide enhancement of property values. It is, therefore, the further purpose of this Section to provide regulations relating to the cutting, removal or killing of trees, with the consequent damage and destruction of the wooded and forested areas of the City, to promote the orderly development of such areas and thereby minimize public and private losses; to insure maintenance of the natural vegetation and topography; to encourage protection and preservation of the natural environment and beauty of the City; to encourage a resourceful and prudent approach to urban development of wooded areas which provides for minimal tree loss and mitigation of tree removal resulting from development; to provide an objective method to evaluate a development's impact on trees and wooded areas and identify whether and how the impact may be reduced; to provide incentive for creative land use and good site design which preserves trees while allowing development in wooded areas with mitigation Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 1 of 25 of tree removal and destruction; and to provide for enforcement and administration thereby promoting and protecting the public health, safety and welfare. C. The Council seeks to promote, preserve and enhance the natural resources within the City and protect them from adverse effects occasioned by stormwater runoff caused by poorly sited development or incompatible activities by providing site design standards that encourage the minimization of stormwater runoff to meet the requirements of appropriate regulatory agencies. Subd. 2. Definitions. For the purposes of this Section, the following terms, phrases, and words shall have the meanings stated below. A. Applicant. A Person submitting an application for a Permit. B. BMPs. BMPs are Best Management Practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water from Stormwater runoff. This includes, but is not limited to, BMPs such as operating procedures and practices to control site runoff, spillage or leaks; minimizing the length of time soil is exposed; and construction-phasing. C. Building Permit. A Building Permit is a Permit issued in accordance with Minnesota Rules Chapter 1300.0120. D. Caliper Inches. The length, in inches, of a straight line measured through the Tree Trunk 12 inches above the ground. E. Canopy of a Tree. The horizontal extension of a tree's branches in all directions from the Tree Trunk. F. Certified Contractor. An individual who has received training and is licensed by the State of Minnesota to inspect and maintain erosion control practices. G. Construction Activity. A disturbance to the land that results in a change to the topography or existing soil cover (both vegetative and non-vegetative)that may result in accelerated stormwater runoff. Examples of Construction Activity may include clearing, grading, filling and excavation. H. Control Measure. The practice or combination of practices to control Erosion, Sedimentation and Pollution. I. Detention Basin. A Detention Basin is a natural or man-made structure, facility or basin for the temporary storage of Stormwater to allow settling of Pollutants while delaying Discharge of water so that water slowly empties from the area, including but not limited to, wetlands, dry ponds, Vegetated Swales, Infiltration trenches and Infiltration basins. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 2 of 25 J. Development Plan – A contiguous area that includes a common plan of development or sale where multiple separate and distinct land disturbing activities, including New Development or Redevelopment, may be taking place at different times, or different schedules, but under one proposed plan. One Development Plan is broadly defined to include design, Permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur. K. Discharge. The conveyance, channeling, runoff, or drainage of Stormwater or any substance which enters a Stormwater Facility. L. DNR Catchment Area. The Hydrologic Unit 08 drainage areas that drain to a river, stream or lake as delineated and digitized by the Minnesota Department of Natural Resources (DNR) Watershed Delineation Project. The mapping information for the DNR Catchment Areas is available at the DNR Data Deli web site (deli.dnr.state.mn.us). M. Drip Line of a Tree. An imaginary vertical line which extends from the outermost branches of the Canopy of a Tree to the ground. N. Diameter. Wherever this term is used in reference to the measurement of a tree it shall mean a Tree Trunk as measured 4.5 feet above the ground. O. Erosion. Any process that wears away the surface of the land by the action of water, wind, ice or gravity. P. Erosion Control Systems. Methods, measures or systems employed to prevent soil Erosion. Q. Filtration. Filtration provides Pollutant removal through filtering and settling of stormwater runoff, biological and microbiological uptake, and/or soil adsorption. Filtering practices include media filters (surface, underground, perimeter), vegetative filters (filter strips, grass channels), and combination media/vegetative filters (dry swales). R. Final Stabilization. All Land Alteration has been completed and a uniform perennial vegetative cover with a density of seventy-five (75) percent of the cover for unpaved areas and areas not covered by permanent structures has been established on the land or equivalent permanent cover or stabilization measures have been employed as approved by the City. Sowing grass seed or an annual cover crop is not considered Final Stabilization. S. Green Infrastructure. A wide array of practices that manage wet weather and maintain or restore natural hydrology by techniques such as preserving natural landscape features, Infiltration, Filtration, evapotranspiration, incorporation of trees for Infiltration or Filtration, or harvesting and re-using stormwater. T. Infiltration. Infiltration is the capture and temporary storage of water to allow passage or movement of the water into the soil through the use of techniques such as Infiltration basins, Infiltration trenches, rainwater gardens, underground Infiltration systems, or natural or enhanced swales. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 3 of 25 U. Land. Land shall mean and include an entire Lot (as defined in Section 11.02 of the City Code) on or within the boundaries of which Land Alteration has occurred, or is to occur. V. Land Alteration Permit. A Permit to allow Land Alteration. This would include Grading and Filling Permit referenced in Section 11.50 Subd. 11. W. Land Alteration. Any land disturbing activity, including excavating; grading; digging, cutting, scraping, clearing; removal of trees; filling or other change or movement of earth which may result in diversion of a man-made or natural water course or Erosion of Sediments. X. MEP. MEP means the statutory standard (33 U.S.C. 1342(p)(3)(B)(iii)) that establishes the level of Pollutant reductions that must be achieved to the Maximum Extent Practicable. Y. New Development. All Construction Activity that is not defined as Redevelopment. Z. NPDES. NPDES means the National Pollutant Discharge Elimination System as established pursuant to 33 USC § 1342 (b) to regulate Discharges of Pollutants to waters of the United States. AA. NPDES Permit. A NPDES stormwater discharge permit that is issued by the Minnesota Pollution Control Agency (MPCA) to regulate Discharges of Pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis. BB. Owner. The record Owner of the Land or Site in question. CC. Permit. A Land Alteration Permit or a Building Permit. DD. Permittee. The holder of a Permit pursuant to this Section. EE. Pollutant. Pollutant means: (i) toxic or hazardous substances, wastes, or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. §9601-9657, as amended); (ii) substances that would require a permit for their Discharge into any water source or system or the air under the Federal Water Pollution Control Act, 33 U.S. C. §1251 et Seq., or the Clean Air Act, 42 U.S.C. §7401 et Seq.; (iii) hazardous substances, Pollutants or contaminates defined in Minnesota Statutes Chapter 115B; (iv) litter, yard waste, garbage, liquid and solid wastes, fertilizers, pesticides, herbicides, paints, solvents, automotive fluids, wastes and residues that result from constructing a building or structure, and (iv) any other similar state law or ordinance. A Pollutant of Concern is a Pollutant specifically identified in a USEPA-approved Total Maximum Daily Load (TMDL) report as causing a water quality impairment. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 4 of 25 FF. Redevelopment. Any Construction Activity where, prior to start of construction, the areas to be disturbed have 15% or more of impervious surface(s). GG. Retention Basin. A retention basin is a temporary or permanent natural or man-made structure, facility or basin that provides for storage of Stormwater where water is allowed to empty through evapotranspiration, Infiltration, Filtration or evaporation, including but not limited to wet, dry or National Urban Runoff Program (NURP) ponds. HH. Root Zone. The area under a tree which is at and within the Drip Line of a Canopy of a Tree. II. Saturated Soil. The highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. Saturated soil is evidenced by the presence of redoximorphic features or other information. JJ. Sediment. The product of an Erosion process, including solid matter both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, gravity or ice and has come to rest on the earth’s surface either above or below the normal water level. KK. Sedimentation. The process or action of depositing Sediment. LL. Significant Tree. Any deciduous hardwood tree (except elm, willow, box elder and aspen) measuring 12 inches in Diameter or greater, or a coniferous tree measuring 8 inches in Diameter or greater. MM. Site. The area of Land within which Land Alteration occurs or is to occur. NN. Stormwater. Any form of natural precipitation which causes water to runoff or flow from one place to another and includes Stormwater runoff, snow melt runoff, and surface runoff and drainage. OO. Stormwater Facility. A stationary and permanent Stormwater BMP designed, constructed and operated to prevent or reduce the Discharge of Pollutants in Stormwater as well as structures built to collect, convey, or store Stormwater, including but not limited to, inlets, pipes, storm drains, pumping facilities, Retention Basins, Detention Basins, drainage channels, reservoirs, and other drainage structures. PP. Stormwater Management. The use of structural or non-structural practices that are designed to reduce the movement of Stormwater, including Stormwater Discharge volumes, and peak flow Discharge rates. QQ. Stormwater Pollution Prevention Plan (SWPPP). A plan described in Subd. 8.H of this Section. A SWPPP also refers to that SWPPP required by the MPCA under the NPDES Permit program to manage and reduce the Discharge of Pollutants in Stormwater. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 5 of 25 RR. Tree Trunk. The stem portion of a tree from the ground to the first branch thereof. SS. Vegetated Swales. A vegetated earthen channel that conveys Stormwater while treating the Stormwater with biofiltration. Such swales may be designed to pretreat surface runoff by removing Pollutants through Filtration and Infiltration. TT. WMZ. The WMZ (Wellhead Management Zone) is the area within a fifty (50) foot radius from any municipal well. Subd. 3. Permit Requirements and Exemptions. Except as hereafter provided, it is unlawful for any person to use Land for, or to engage directly or indirectly in, Land Alteration unless such person shall first have applied to and obtained from the City, in the manner hereinafter provided, a Permit authorizing the same. A. Single Family Dwelling. A person engaging in Land Alteration in connection with construction of a Single Family Dwelling must obtain a Building Permit from the City. A Land Alteration Permit may be required if the City Engineer or his/her designee determines that site conditions require a Permit or a Land Alteration Permit is required in other Sections of the City Code. The Permittee who conducts Land Alterations pursuant to the Building Permit shall be required to comply with Subds. 5, and 7 of this Section. In the event more than 10% of the Significant Trees on the Site are to be removed, the Permittee shall also comply with Subd. 4 of this Section. Failure to comply with Subds. 4, 5, and 7 of this Section if applicable, will subject the Permittee to the provisions of Subd. 7.H of this Section. The application for the Building Permit shall include a Certificate of Survey, including a map of the Erosion Control Measures which will be provided, and must be pre- approved in writing by the City. Single Family Dwelling construction includes construction of a single family dwelling, garage, pool, addition, driveway or deck. B. General Exemptions. The following Land Alterations are exempt from the requirements for a Land Alteration Permit: 1. Any Land Alteration occurring pursuant to a Land Alteration or Building Permit approved by the City prior to April 21, 2015 and which has not expired. 2. Movement of less than 100 cubic yards of earth. 3. Cutting, removal or killing of less than 10% of the Significant Trees on any Land within a period of five years. 4. Any destruction or disruption of vegetation covering an area equal to or less than 10% of any Land. 5. Installation of a fence, sign, telephone or electric poles and other posts or poles which result in less than 1,000 square feet of exposed soil. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 6 of 25 6. Home gardens, turf or an individual’s home landscaping, installation, repairs and/or maintenance work. 7. Retaining walls less than four (4) feet in height and twenty-five (25) feet in length are constructed in a manner which does not change the existing Stormwater drainage pattern. This would include a single or tiered retaining wall system. 8. Existing agricultural, horticultural or silvicultural operations. 9. Opening and closing graves. 10. Emergency work to prevent or alleviate immediate dangers to life, limb, property or natural resources. In such an event, if a Land Alteration Permit had been required but for the emergency, the obligations of this Section shall apply and shall be performed at the earliest reasonable time thereafter. 11. Excavations for tunnels, wells, utilities, trails, sidewalks, roads or other public work projects which are undertaken by the City, unless the disturbance meets the criteria established in Subd. 6 of this Section. C. Other Requirements. Neither this Section nor any administrative decision made under it exempts a person from other requirements of this Code, from procuring permits required by other agencies (including but not limited to the Watershed District, Hennepin County, Minnesota Pollution Control Agency (MPCA) or the Minnesota Department of Natural Resources (DNR)) or for complying with the requirements and conditions of such permits. A copy of the permits received from another federal, state or local authority must be provided to the City Engineer. Subd. 4. Tree Replacement Plan Requirements. The issuance of a Land Alteration Permit or Building Permit, if applicable, shall be further subject to and conditioned upon compliance by the Permittee with the following: A. Tree Inventory. A Tree Inventory certified by a registered land surveyor, landscape architect or forester must be provided to the City Forester. The Tree Inventory must depict the following: 1. The size, species, condition and location on the Site of all Significant Trees. On large wooded areas, forest mensuration methods may be used to determine the total Diameter inches of trees outside the area of the proposed Land Alteration. 2. A list of Significant Trees which will be lost due to the proposed Land Alteration. Significant Trees shall be considered lost as a result of: Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 7 of 25 a. grade change or Land Alteration, whether temporary or permanent, of greater than one (1) foot measured vertically, affecting 60% (as measured on a horizontal plane) or more of the tree's Root Zone; b. utility construction (i.e., sewer, water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of 60% or more of the tree's roots within the Root Zone; c. mechanical injury to the Tree Trunk of a Significant Tree causing loss of more than 40% of the bark at any given Diameter location along the trunk; or, d. compaction to a depth of 6 inches or more of 60% or more of the surface of the soil within a Significant Tree's Root Zone. 3. The number, type and size of trees required to be replaced pursuant to this Section. 4. The location of the replacement trees. B. Tree Replacement Requirements. The Permittee shall replace Significant Trees lost or reasonably anticipated to be lost as a result of Construction Activity or Land Alteration immediately or in the future, by the Permittee, his agent, or his successor in interest by planting that number of trees (Replacement Trees) determined in accordance with the following formula: A = Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration B = Total Diameter Inches of Significant Trees Situated on the Land C = Tree Replacement Constant (1.33) D = Replacement Trees (Number of Caliper Inches) [(A/B) x C] x A = D EXAMPLE A = 337 B = 943 C = 1.33 D = 160 [(337/943) x 1.33] x 337 = 160 The trees required to be replaced pursuant to this Section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code. A Financial Security is required as described in Subdivision 12 of this Section. C. Location of Replacement Trees. Replacement Trees shall be planted in one or more of the following areas on the Land: 1. Restoration areas including steep slopes. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 8 of 25 2. Outlots or common areas. 3. Buffer zones between different land uses and/or activities. 4. Project entrance areas. 5. Wetland Buffer Areas 6. Stormwater BMPs designed according to Subd. 7. 7. Any other part of the Land except areas dedicated or conveyed to the City, unless the City consents in writing. D. Sizes and Types of Replacement Trees. Replacement Trees must be no less than the following sizes: 1. Deciduous trees - no less than three (3) Caliper Inches. 2. Coniferous trees - no less than seven (7) feet high. On steep slopes (i.e., greater than 3:1) deciduous trees may be two (2) Caliper Inches and coniferous trees may be six (6) feet in height. Replacement Trees shall be of a species similar to the trees which are lost and shall be pre- approved in writing by the City. E. Time to Perform. Replacement trees shall be planted not less than 18 months after the date of issuance of the Permit. F. Missing, Dead or Unhealthy Trees. Any Replacement Tree which is not alive or healthy one (1) year after the date that the last Replacement Tree has been planted shall be removed and a new healthy tree of the same size and species shall be planted in place of the removed tree. A new healthy tree of the same size and species shall be planted in place of any Replacement Tree missing within one (1) year after the date the last Replacement Tree has been planted on the Land. All such plantings shall occur within one year of the date the tree qualifies as dead, unhealthy or missing. G. Sources of Trees. Replacement trees shall consist of "certified nursery stock" as defined by Minnesota Statutes Section 18.46 or other trees ("wilding trees") so long as such wilding trees comply with the following standards. A wilding tree measured in Caliper Inches shall not exceed the maximum height as shown in the table below: CALIPER INCHES MAXIMUM HEIGHT (FEET) 2 18 3 20 4 24 5 28 Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 9 of 25 The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than one-half of the total height of the tree. (Example: a 16 foot tree must have a branch within 8 feet of the surface of the surrounding ground.) Trees planted in place of missing, dead, or unhealthy Replacement Trees shall consist only of “certified nursery stock” as defined by Minnesota Statutes, Section 18.46. H. Exceptions. The provisions of Subd. 4 shall not apply to the cutting of trees planted and grown by the owner or owner's predecessor on real estate which on April 17, 1990 was classified as Class 2b property according to Minnesota Statutes 1989 Supplement, Section 273.13, Subd. 23(b) because it was as of such date real estate, rural in character, and used exclusively for growing trees for timber, lumber, wood and wood products as described in clause (1) of said Subd. 23(b). Subd. 5. General Requirements for Land Alteration. Land Alteration shall be subject to and conditioned upon the performance by the Permittee or Owner of the following general requirements regardless of whether a Land Alteration Permit is required: A. Concrete Truck Wash Out. Designation of an area for wash out of concrete trucks and equipment must be provided. Sites that are one acre or more must provide a station for washing out concrete trucks and equipment. The location of the wash out area or wash out station shall preclude the drainage of concrete and all other wash out wastes from the washing activities to a Stormwater Facility or water resource. B. Corrections. Breaches of the perimeter of the Site by Erosion shall be immediately corrected, cleaned up and/or restored. A right-of-entry from the adjoining property owner(s) must be obtained to implement clean up and restoration on adjoining properties that were affected by the Erosion. Breaches must be corrected within 48 hours of obtaining approval. C. Drain inlet protection. All storm drain inlets shall be protected during construction with straw bales, silt fence or other equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas" or alternative pre-approved in writing by the City until Final Stabilization is completed. D. Driveway construction. All driveway construction that disturbs the underlying soils shall be installed in accordance with City Code Chapter 11 surface requirements. Driveway construction shall be completed within 120 days after the earlier of the following: (i) construction of the structure(s) for which the driveway is constructed; (ii) a rehabilitation project is completed; or (iii) a Certificate of Occupancy has been issued; unless otherwise approved by the City. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 10 of 25 E. Erosion Control Installation. Erosion Control Systems shall be installed prior to commencement of any Land Alteration activity and maintained during the Land Alteration activities in accordance with the following parameters: 1. Stormwater channeled from adjacent areas passing through the Site shall be diverted around disturbed areas during the Land Alteration, if practical. Diverted Stormwater shall be conveyed in a manner that will not erode the channels. 2. All activities on the Site shall be conducted in a manner which minimizes the area of bare soil exposed at any one time. 3. Runoff from the Site shall be controlled by meeting subsection a. below and either subsection b. or c., depending on the size of the Site. a. All disturbed earth shall be stabilized by seeding (if prior to September 15), sodding, mulching, or other equivalent Control Measure pre-approved in writing by the City within fourteen (14) days of ceasing Construction Activity, unless required otherwise in a federal, state or local permit. b. For sites with more than ten (10) acres disturbed at one time, or if a channel originates in the disturbed area, one (1) or more temporary and/or permanent Detention or Retention Basins (Basin) shall be constructed. Each Basin shall have a surface area of at least 1% of the area draining to the Basin and at least three (3) feet. Each Basin shall be constructed in accordance with design specifications approved by the City. The Permittee or Owner shall ensure that Sediment is removed on a regular basis in order to maintain a depth of three (3) feet. The Basin Discharge rate shall also be sufficiently low as to not cause erosion along the Discharge channel or the receiving water. c. For Sites with less than ten (10) acres disturbed at one time, silt fences, straw bales, or equivalent Control Measures shall be placed along the side and down slopes of the Site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce Sediment reaching the channel. Erosion Control Systems may be adjusted during dry weather to accommodate short term activities, such as those that require the passage of very large vehicles. As soon as the activity is finished and in any event prior to the occurrence of rainfall, the Erosion Control Systems must be returned to the original configuration. F. Erosion Control Maintenance. All Erosion Control Systems shall be designed to minimize the need for maintenance, to provide access for maintenance purposes. All Erosion Control Systems shall be maintained in a functional condition until Final Stabilization of the Site and until all Land Alteration, including completion of turf and/or structural surfaces used to control soil erosion, is complete. Erosion Control Systems shall be removed within thirty (30) days following Final Stabilization. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 11 of 25 H. Final Stabilization. Upon ceasing operations or upon interrupting Land Alterations for a period of six (6) months or more, the Permittee or Owner shall complete Final Stabilization of the site. For a Certificate of Occupancy issued from April 1 to August 31, ground cover shall be established within sixty (60) days of the issuance of the Certificate. For a Certificate of Occupancy issued between September 1 to March 31, ground cover shall be established prior to June 1 of the following year. I. Hours of Operation. No Land Alterations shall be conducted prior to 7:00 o'clock a.m. nor after 7:00 o'clock p.m. on Monday through Friday, prior to 9:00 o’clock a.m. nor after 7:00 o’clock p.m. on Saturday, nor any time on Sundays or legal holidays. The City may, upon good cause being shown, vary these days and hours in writing. J. Protection of Adjoining Structures. No Land Alteration shall occur which may endanger the use or support of adjoining lands or structures. K. Slope Stabilization. Land contours made in conjunction with Land Alteration shall be sloped on all sides at a minimum ratio of three horizontal to one vertical (3H:1V) or greater, unless a steeper slope is approved in writing by the City. M. Temporary Fencing. Temporary construction fencing must be installed around the Site, if necessary, to protect the public or natural resources against injury or damage. All temporary construction fencing shall be removed within ten (10) days following elimination of potential injury or damage or issuance of a Certificate of Occupancy, whichever occurs first. The fencing shall not be used as a permanent installation. N. Temporary Soil or Dirt Storage. Soil or dirt storage piles containing more than fifty (50) cubic yards of material shall be stabilized by mulching, vegetative cover, tarps, or other equivalent Control Measures within fourteen (14) days unless required otherwise in a federal, state or local permit. O. Tracking or Spilling. Best Management Practices (BMPs) shall be employed to minimize Sediment from being tracked or spilled onto public or private roadways. The BMPs may include, but are not limited to, the following: frequent cleaning of streets adjacent to the construction site, rock construction entrances, graveled roads, washing stations, and parking areas of sufficient width and length. Sediment reaching a sidewalk, trail or public or private road shall be removed by street cleaning with power sweepers (not flushing) before the end of each workday or as otherwise ordered by the City in writing. Should eroded soils enter, or entrance appears imminent, into wetland or other water bodies, clean up and repair shall be immediate. The Permittee or Owner shall be responsible for signage and other protection measure during clean up operations. P. Site Dewatering. Water pumped from the Site shall be treated by temporary Sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators or other controls as appropriate. Water may not be Discharged in a manner that causes Erosion or flooding that creates an adverse impact to the Site, receiving channels or a wetland. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 12 of 25 Q. Unsafe Conditions. The Permittee shall repair, change, alter, modify or desist from any Land Alteration deemed by the City Engineer or his/her designee to be the cause of unsanitary, dangerous, or polluted conditions harmful to the general welfare of the City. R. Waste and Material Collection and Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, litter, wastewater or sewage, toxic materials or hazardous materials) shall be properly contained while on site, properly disposed of off-site, and not allowed to be carried by water and/or wind off the site or into a receiving channel or storm sewer system. Waste containers and all construction materials shall not be placed or stored such that they obstruct, encroach upon, or interfere wholly or in part with any public right-of-way, including but not limited to, public roadways, trails, sidewalks, parks or other public properties unless a permit is issued under City Code Section 6.06. S. Wetlands and Waterways. Stormwater shall not be Discharged directly into any natural water bodies such as wetlands, lakes or streams without pre-settlement. Wetlands must not be drained or filled, wholly or partially, unless a permit to replace by restoring or creating wetland areas of at least equal public value has been issued by the local governing unit. The permit and replacement must be in accordance with the Wetlands Conservation Act [MN Statutes 103G.221 et. Seq. (herein referred to as the WCA)] and City Code Section 11.51. Subd. 6. Development Plan Stormwater Management Standards and Design Criteria Development Plans with land disturbance of greater than or equal to one acre, including projects of less than one acre that are part of a larger common plan of development or sale, shall include evaluation of the following provisions. A. Green Infrastructure Analysis. The use of Green Infrastructure techniques and practices shall be the preferred BMPs for accomplishing compliance with Subd. 7. C. and Subd. 7. D. The following Green Infrastructure design options or types of features must be considered, consistent with zoning, subdivision and PUD requirements: 1. Preserving natural vegetation. 2. Preserving and utilizing natural upland swales, depressions and upland storage areas in the post-development condition to the degree that they can convey, store, infiltrate, filter or retain Stormwater runoff before Discharge. Preservation requires that no grading or other Construction Activity occurs in these areas. 3. Minimizing impervious surface. 4. Installing permeable pavement to allow stormwater runoff to filter through surface voids into an underlying reservoir for temporary storage and/or Infiltration. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 13 of 25 5. Utilizing vegetated areas to filter sheet flow, remove Sediment and other Pollutants and increase time of concentration to slow Discharge or reduce runoff of Stormwater. 6. Disconnecting impervious areas by allowing runoff from small impervious areas to be directed to pervious areas where it can be infiltrated or filtered. 7. Installing a green roof to provide an environment for plant growth for treatment of stormwater through filtering of suspended solids and pollutants and/or for volume and rate control as part of the roof system for the building. 8. Using irrigation ponds or systems, cisterns, rain barrels and related BMPs to reuse Stormwater runoff. 9. Planting of trees as a tree BMP for retention and detention of stormwater runoff as defined in the Minnesota Stormwater Manual or State of Minnesota Minimal Impact Design Standards (MIDS). 10. Utilizing a soil amendment or decompaction process after site disturbance. 11. Minimizing parking facility size. 12. Increasing buffers around streams, steep slopes and wetlands to protect from flood damage and/or provide additional water quality treatment. Development Plans should be designed to protect and minimize impacts to natural features such as wetlands, wooded areas, rare and endangered species habitat, preservation areas designated by the Hennepin County Biological Survey, Metro greenways, and parkland to the MEP. B. Post-Construction Stormwater Management. Development Plans shall include the following conditions to the MEP. 1. New Development projects must have no net increase from pre-project conditions (on an annual average basis) of: a. Stormwater Discharge Volume b. Stormwater Discharges of Total Suspended Solids (TSS) c. Stormwater Discharges of Total Phosphorus (TP) 2. Redevelopment projects must have a net reduction from pre-project conditions (on an annual average basis) of: a. Stormwater Discharge volume b. Stormwater Discharges of TSS c. Stormwater Discharges of TP Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 14 of 25 C. Volume Management. Volume Management Measures for Development Plans shall meet the following standards: 1. Retain a runoff volume equal to one (1.0) inch times the area of the proposed new impervious surfaces onsite. 2. 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 Infiltration areas. 3. Calculations, modeling and design for and installation of Infiltration BMPs must be provided. 4. No wetlands or areas below the calculated normal water level of constructed wet ponds shall be accepted as an Infiltration practice. D. Stormwater Discharge Volume Prohibitions. The use of Infiltration is prohibited on sites where the Infiltration BMP will receive Discharges from, or be constructed in, any of the following areas: 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. 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 II Environmental Site Assessment, must be provided. 5. Within the Wellhead Management Zone (WMZ) of any City well. E. Stormwater Discharge Volume Restrictions. The use of Infiltration is restricted and subject to review and approval by the City where the Infiltration BMP will be constructed on any of the following sites: 1. Where predominately Hydrologic Soil Group D (clay) soils exist. 2. Within 1,000 feet up-gradient, or 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. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 15 of 25 3. Where the bottom of the Infiltration basin will be less than 3 feet above the normal water level of any adjacent wetland. 4. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. Rules 4720.5100, subp. 13. 5. Where soil Infiltration rates exceed 8.3 inches per hour. 6. Within 50 feet of a salt stockpile or storage area. 7. Where vehicle fueling and maintenance previously occurred. Additional analysis and higher engineering review will be required in these areas to ensure that Infiltration BMPs will perform properly and that groundwater is adequately protected. F. Stormwater Discharge Volume Exceptions. The use of less Infiltration for volume control on the site of the Construction Activity may be allowed subject to review and approval in writing by the City where: 1. The Site is precluded from infiltrating Stormwater through a designed system due to any of the limitations described in Subds. 6.D or 7.E of this Section. 2. The project is a linear project where the right-of-way precludes the installation of volume control practices that meet the conditions for post-construction storm water management Subds. B or C of this Section. A reasonable attempt must be made to obtain right-of-way during the project planning process. If the City determines that Infiltration is restricted or prohibited on site, the Applicant shall incorporate to the MEP Stormwater treatment alternatives such as Filtration, evapotranspiration, reuse, harvesting, conservation design, green roofs, or other similar techniques on the Site to reduce Stormwater Discharge volume. The Permittee may be allowed to provide payment to the City in lieu of the volume reduction upon written approval by the City. G. Stormwater Management Mitigation. In circumstances where the Permittee cannot cost effectively meet the post-construction requirements for Total Suspended Solids (TSS) or Total Phosphorus (TP) treatment established in Subd. 6.B in this Section. on the Site, the Permittee must identify locations where mitigation projects will be completed by the Permittee. The TSS and/or TP not addressed on Site must be addressed through mitigation approved by in writing by the City and, at a minimum, shall ensure the following: 1. Mitigation project areas are selected in the following order of preference: a. Locations that yield benefits to the same receiving water that Stormwater runoff drains to from the Construction Activity. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 16 of 25 b. Locations with the same Department of Natural Resource (DNR) catchment area as the Construction Activity. c. Locations in the next adjacent DNR catchment area up-stream d. Locations anywhere within the City. 2. Mitigation projects must be approved by the City in writing and may include either: (i) creation of new Stormwater Facilities, (ii) retrofit of existing Stormwater Facilities, (iii) creation or use of a regional Stormwater Facility. Routine maintenance of Stormwater Facilities already installed cannot be used to meet mitigation requirements. 3. Completed within 24 months after the start of the Construction Activity. The Permittee may be allowed to provide payment to the City in lieu of the Stormwater Management mitigation activity upon written approval by the City. The Permittee shall determine, document and provide the contact information for the Person who is responsible for long-term maintenance on all mitigation projects. The Person responsible is subject to approval by the City. H. Stormwater Facility Design Standards. All storm sewer system components, including inlets, outlets, catch basins, piping and other structures designed to treat or convey Stormwater, shall be designed for a minimum 10-year design frequency event using currently accepted rainfall data with the exception of storm sewer systems near critical topographic features such as steep slopes and bluffs which shall be designed for a 100-year design frequency event with a designated overland emergency overflow (EOF). Green Infrastructure required by the City or other regulatory agency may be considered for reductions in storm sewer design requirements if pre-approved in writing by the City Engineer. I. NURP Design Criteria. If Stormwater Facilities are required by the City, the Stormwater Facilities shall include a Stormwater pond based on NURP Design Criteria. The NURP pond shall be designed by a Licensed Professional Engineer (PE). Alternatives to the NURP Design Criteria must be approved in writing by the City. The NURP Design Criteria include the following. 1. A permanent pond surface equal to 2% of the impervious area draining to the pond or 1% of the entire area draining to the pond, whichever amount is greater. 2. An average permanent pool depth of four (4) to ten (10) feet. 3. A recommended permanent pool length to width ratio of 3H:1V or greater. 4. A minimum protective shelf extending ten (10) feet into the permanent pool with a slope of 10:1, beyond which slopes shall not exceed 3H:1V. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 17 of 25 5. All Stormwater Facilities shall have a device to keep oil, grease, and other water borne material from moving downstream as a result of normal operations. Subd. 7. Inspections, Monitoring and Maintenance. Inspections of the Site and Stormwater Facility to determine compliance with the requirements of this Section are the responsibility of the Permittee and/or Owner. Sites which require a NPDES Permit or are greater than 1.0 acre in size must have inspections completed by a Certified Professional in Erosion & Sediment Control (CPESC) or a Licensed Professional Engineer (PE). Inspection results and maintenance activity reports must be completed and submitted in writing to the City for a minimum of two (2) years following completion of construction. A. Right of Entry and Access to Materials. The City shall be entitled to enter and inspect the Site and Stormwater Facilities as often as may be necessary to determine compliance with this Section and shall be entitled to examine and copy records, wherever they may be kept that must be maintained pursuant to the Permit or local, state or federal law. B. Obstructions to Access. Any temporary or permanent obstruction to safe and easy access to a Site or Stormwater Facility subject to inspection shall be promptly removed by the Permittee or Owner at the request of the City and shall not be replaced. C. Monitoring and Testing of Stormwater Discharge and Stormwater Facilities. To assure that the Land Alteration is being conducted in accordance with the conditions stated on the Permit, the City may order, at the expense of the Permittee or Owner, monitoring of the Stormwater Discharge and/or Stormwater Facility, including those field measurements or testing the City deems necessary to assure that the conditions and requirements of the Permit are being followed. If the monitoring is not completed, the City shall have the right to set up on any Site such devices as are necessary in the opinion of the City to conduct monitoring, testing and/or sampling of the Stormwater and/or Stormwater Facility. D. Inspections and Maintenance 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 0.5 inches or more. Any Erosion or breach in an Erosion Control System must be corrected within 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; or replacement of landscape vegetation. Inspections shall include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of Erosion Control Systems and other Stormwater Facilities. Documentation for each inspection must be provided to the City in a format approved by the City. E. Post Activity Inspections. All Stormwater Facilities must undergo, at a minimum, one inspection annually for five (5) years after completion of the construction. After five annual Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 18 of 25 inspections are approved by the City in writing, all Stormwater Facilities must undergo, at a minimum, one inspection every five (5) years to document maintenance and repair needs and ensure compliance with the requirements of this Section and all federal, state and local regulations. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement or maintenance agreement in favor of the City, Watershed District or other federal, state or local agency. F. As-Built Surveys. An as-built survey of every Stormwater Facility must be provided to the City within one year of final completion of Construction. F. Post Activity Stormwater Facility Maintenance. Owners of Land which includes a Stormwater Facility must maintain the Stormwater Facility to ensure proper functioning of the Stormwater Facility over time. Maintenance shall include: restoration or replacement of Stormwater Facilities’ function; removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; or replacement of landscape vegetation if needed. Any required maintenance shall be addressed in a timely manner, as determined by the City. The maintenance requirement may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility over time. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement or maintenance agreement in favor of the City or Watershed District. The City may perform maintenance on any private Stormwater Facility which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the storm sewer system or surface waters. The Owner of the private system shall be responsible for any costs and charges that are associated with this work. G. Stormwater Facility Easement. When any new Stormwater Facility is installed on private property where it receives drainage from a public Stormwater system, the property owner shall grant to the City an easement in recordable form granting the City the right, but not the obligation, to maintain, reconstruct, repair and inspect the Stormwater Facility. The easement shall include the right to enter onto the Site to gain access to the Stormwater Facility. H. Failure to Maintain Practices. If a Permittee fails or refuses to meet any of the requirements of this Section, the City, after notice, may inspect the Stormwater Facility to determine if maintenance is required to ensure compliance with this Section and/or correct any violations by performing all necessary work to place the Site in compliance with this Section. The notice shall set forth a deadline within which correction of the violation must be completed. The notice shall further advise that, should the Permittee fail to correct the violation within the established deadline, the work will be completed or arranged by the City and the expense thereof shall be charged to the Permittee or Owner. Building inspections may be withheld until the violation is abated or corrected. The City may also issue a stop- work order on any activities that violate the terms of this Section. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 19 of 25 If payment is not made within thirty (30) days after costs are incurred by the City, payment will be made from the Permittee’s Financial Security as described in this Section. If there is an insufficient amount in the Financial Security to cover the costs incurred by the City or if there is no Financial Security, then the City may, if authorized by law, assess the Site and/or Land for the cost of repair work and any penalties and the amount assessed shall be a lien on the Site and/or Land and may be placed on the tax bill and collected as ordinary taxes by the county. Subd. 8. Land Alteration Permit Application Requirements. A person seeking a Land Alteration Permit shall make application to the City on a City-approved form and must include information that exhibits compliance with City Code Section 11.55 and other federal, state and local permit requirements, including the State of Minnesota issued NPDES/SDS General Permit to Discharge Stormwater Associated with Construction Activity, as applicable. The Land Alteration Permit application shall include the following: A. Applicant / Owner. The name, address and telephone number of the following: (i) the Applicant, (ii) the Owner of the Land and/or Site, and (iii) the Person or operator to be performing the Land Alteration. B. Estimated Cost of the Land Alteration. The Applicant must provide an estimated cost for the proposed land alteration. C. Inspection and Maintenance. All Stormwater Facilities shall be designed to minimize the need for maintenance, to provide access for maintenance purposes and to be structurally sound. The Applicant shall obtain necessary easements or other property interests to allow access to the Stormwater Facilities for inspection and maintenance. D. Land Alteration Permit Fees. A Plan Review Fee and a Land Alteration Permit Fee in an amount determined by the Council in the City Fee Schedule must be paid at the time of submitting an Application to the City. In the event the Land Alteration Permit application is denied, the Land Alteration Permit Fee shall be returned to the Applicant. E. Site construction and/or site grading plans. All plans provided shall be at the same scale. The minimum scale shall be one inch equals 50 feet. All plans must be signed by a Licensed Professional Engineer (PE) who must verify that the design of all Stormwater Facilities and Erosion Control Systems meet the requirements contained in this Section. The plans must include the following: 1. A topographic map of the Site as it exists prior to the proposed Land Alteration showing ground elevation contours at two-foot intervals. The map shall include a minimum of 250 feet of land abutting the Site on each side that is sufficient to show on- and off-site drainage. 2. A topographic map of the Site (grading plan) showing the existing and proposed ground elevation contours at two-foot intervals. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 20 of 25 3. Locations and dimensions of all proposed Land Alterations and site features before and after Land Alteration. 4. The Emergency Over Flow (EOF) location and elevation for each Stormwater Facility. 5. The location and size of existing and proposed building pads. 6. Locations and dimensions of all temporary or interim soil or dirt stockpiles. 7. Location, dimensions and plans of all temporary, interim and final Stormwater Facilities and Erosion Control Systems necessary to meet the requirements of this Section. 8. Methods that will be used to stabilize the site during and after construction, including types, time frames and schedules. 9. A restoration plan for areas disturbed by the Land Alteration, including Final Stabilization measures. F. Proposed Use. A statement relating to the intended or proposed use of the Land including, if any, the type of building or structure situated, or contemplated to be built thereon. G. Schedule. The estimated period of time within which the Land Alteration will be conducted, including any phasing of Land Alteration. The schedule must include an anticipated start and completion date of the Land Alteration including the installation of temporary, interim and final Erosion Control Systems needed to meet the requirements of this Section. H. Stormwater Pollution Prevention Plan (SWPPP). A SWPPP shall be provided that describes the control and management of the flow of Stormwater and associated water quality impacts resulting from the development. A copy of the completed NPDES/SDS Construction Stormwater General Permit for the Site if required by the Minnesota Pollution Control Agency (MPCA) must be provided with the SWPPP. I. Stormwater Treatment Calculations. Stormwater treatment calculations used to determine compliance with Subds. 6 or 9 of this Section and any federal, state or local regulatory requirements or permits shall be provided. I. Runoff Management Plan (RMP). If the proposed project is in the Lower Minnesota River Watershed District (LMRWD) a Runoff Management Plan (RMP) must be developed by the Applicant for management of Stormwater runoff in accordance with LMRWD requirements. A copy of the RMP, if required, must be provided with the Land Alteration Permit application. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 21 of 25 Subd. 9. Permit Application Review and Approval. The City Engineer or his/her designee shall review an application for a Land Alteration Permit to determine its conformance with the provisions of this Section. Within 90 days of receiving a complete Application, the City Engineer or his/her designee shall in writing either approve or deny issuance of a Permit or recommend that the application be forwarded to the City Council for review and denial or approval. Prior to release of the Land Alteration Permit, the Applicant shall provide written copies of all federal, state and local permit approvals. All Land Alteration Permits will expire within 24 months of written approval by the City unless otherwise noted on the Permit. A. Conditions. Approval, denial, or approval subject to conditions of a Land Alteration Permit shall be based upon the following factors: 1. Whether, and the extent to which, the Land Alteration may create or exacerbate a safety risk to surrounding persons, the public or property. 2. Whether, and the extent to which, the Land Alteration may cause undue harm to the environment including, but not limited to, noise, dust, Erosion, undue destruction of vegetation, and accumulation of waste materials and Pollutants. 3. Whether the physical characteristics of the Site, including but not limited to topography, vegetation, susceptibility to Erosion or siltation, susceptibility to flooding, water storage or retention, are such that the Site is not suitable for Land Alteration or the use proposed. 4. Whether adequate plans have been made for restoring and/or stabilizing the Site upon completion of the Land Alteration. 5. Whether there is a substantial likelihood that the Applicant will be able to comply with the rules and regulations of this Section, other applicable Sections of the City Code, and all applicable state, federal and local regulations. 6. Whether the Site proposed for the Land Alteration is zoned for the proposed use. 7. If the City accepts maintenance of the Stormwater Facility, the City can require conveyance to the City or other public entity certain lands or interests therein. A Land Alteration Permit may be approved subject to conditions which limit the size; kind or character of the proposed Land Alteration; require the construction of Stormwater Facilities; require replacement of vegetation; establish monitoring procedures; require staging the work over time; and/or require buffering. B. Modifications. A Permittee may submit to the City a written request for modification of a Permit. The City Engineer or his/her designee shall review the request and in writing either approve or deny the request or recommend that the request be forwarded to the City Council Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 22 of 25 for review and denial or approval. The City may require additional reports and data from the Permittee. Subd. 10. Suspension or Revocation of Permit. The City may suspend or revoke a Permit as follows: A. Suspension. If the City determines any of the following: (i) the Permit was issued in error or on the basis of incorrect information; or (ii) the Permit or work are in violation of any provision of this Section or any federal, state or local regulation, the City may suspend the Permit and issue a stop work order and the Permittee shall cease all work on the Site except for work necessary to remedy the cause of the suspension. The Permittee may request reinstatement of a suspended Permit upon correction of the causes for suspension. If the conditions of the Permit have been complied with in full, the City shall reinstate the Permit. B. Revocation. If the Permittee refuses or fails to cease work after the suspension or refuses or fails to correct the causes for suspension within the time period provided in the stop work order, the City shall revoke the Permit. Subd. 11. Financial Security. Financial Security is required prior to issuance of a Land Alteration Permit. The Financial Security may take the form of a performance bond or irrevocable letter of credit issued by a financial institution and in a form acceptable to the City or cash in United States currency. The performance bond, letter of credit, or an agreement relating to the deposit of cash with the City shall provide that the financial surety; the issuer of the letter of credit; and/or depositor of cash undertakes and guarantees the performance of Applicant’s obligations pursuant to the terms of the Permit and this Section, including but not limited to, the Applicant’s obligations imposed pursuant to the Permit and this Section and indemnification of the City against any loss, cost or expense, including an amount as and for reasonable attorney’s fees incurred in enforcing the obligations of Applicant pursuant to the Permit or this Section. A. Land Alteration Permit Financial Security. The Financial Surety for a Land Alteration Permit shall consist of 125 percent (125%) of the cost estimate of the work to be done as stated in the application for a Land Alteration Permit and as approved by the City Engineer or his/her designee. B. Tree Replacement Financial Security. In addition, if trees are required to be replaced pursuant to this Section an additional Financial Security shall be provided in the amount of 150 percent (150%) of the estimated cost to furnish and plant the Replacement Trees as approved by the City Forester or his/her designee. The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of the Replacement Trees. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 23 of 25 In the event the estimated cost submitted by the Applicant to the City is not approved, the City Engineer or his/her designee shall have the right in his/her sole discretion to determine the estimated cost for purposes of the Financial Surety. Subd. 12. Action Against Financial Security. The City may act against the appropriate Financial Security in the event of a violation of the terms of the Permit, including but not limited to the following: A. The Permittee stops performing the Land Alteration and abandons the work site for a period of thirty (30) days or more prior to completion of the Land Alteration. B. The Permittee fails to conform to the Land Alteration Permit as approved, and/or has had its Land Alteration Permit revoked. C. The techniques outlined in the Land Alteration Permit fail within one year of installation or before Final Stabilization is achieved for the Site or portion of the Site, whichever comes later. D. The City determines that action by the City is necessary to prevent excessive Erosion from occurring on the Site, or to prevent Sediment from occurring on adjacent or nearby properties. E. The Permittee stops working on the Tree Replacement Plan for a period of thirty (30) days or more. The City may draw on the Financial Security in whole or in part, for all direct and indirect costs incurred in doing the remedial work undertaken by the City, its employees, consultants and/or contractors. Subd. 13. Release of Financial Security. Any remaining Financial Security shall be released to the person who deposited the Financial Security upon determination by the City that the conditions of the Land Alteration Permit and/or Tree Replacement Plan have been satisfactorily performed. No portion of the Financial Security shall be released while there are unsatisfied obligations of the Permittee, including the obligation to indemnify the City for any expenses incurred in enforcing the terms of the Permit or this Section. When more than half of the Site’s maximum exposed soil area achieves Final Stabilization, the City may reduce the total required amount of the Financial Security, if recommended by the City Engineer or his/her designee. A portion of the Financial Security shall be retained to secure the Permittee’s or Owner’s obligation to remove and replant Replacement Trees which are dead, unhealthy or missing as provided for in this Section. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 24 of 25 Subd. 14. References. The Minnesota Pollution Control Agency’s (MPCA’s) publications entitled “Protecting Water Quality in Urban Areas” dated 2000 located at www.pca.state.mn.us/index.php/water/water-types - and-programs/stormwater/stormwater-management/stormwater-best-management-practices- manual.html and the “Minnesota Stormwater Manual” located at http://stormwater.pca.state.mn.us/index.php/Main_Page are hereby adopted and incorporated by reference.. Section 2. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to 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. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 25 of 25 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11 –is hereby amended by deleting Section 11.55 entitled “Mining Operation, Land Alteration,in its entirety and Environmental Preservation Regulations” is amended as followsreplacing it with the following: SECTION 11.55 - LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT REGULATIONS. Subd. 1. Declaration of Policy and Purpose. A. Land Alterations are conducted in certain places in the City. They are inherently accompanied by noise and dust, oftenmay create hazardous conditions and may result in lasting disfigurement of the places where they are carried on and thus may affect existing land uses in nearby areas, discourage further permanent development of the surrounding properties, impair adequate planning or municipal development, and diminish public health, safety, and general welfare. It is, therefore, desirable to regulate Land Alterations in the City. B. Tree removal, damage, and destruction tends to endanger the natural character of the land from which the trees have been removed and surrounding lands, and to diminish and impair the public health, safety and general welfare. The Council desires to protect the integrity of the natural environment and finds that trees do so by providing for better air quality, scenic beauty, protection against wind and water erosion, and natural insulation for energy preservation. Further, the Council finds that trees protect privacy and provide enhancement of property values. It is, therefore, the further purpose of this Section to provide regulations relating to the cutting, removal or killing of trees, with the consequent damage and destruction of the wooded and forested areas of the City, to promote the orderly development of such areas and thereby minimize public and private losses; to insure maintenance of the natural vegetation and topography; to encourage protection and preservation of the natural environment and beauty of the City; to encourage a resourceful and prudent approach to urban development of wooded areas which provides for minimal tree loss and mitigation of tree removal resulting from development; to provide an objective method to evaluate a development's impact on trees and wooded areas and identify whether and how the impact may be reduced; to provide incentive for creative land use and good site design which preserves trees while allowing development in wooded areas with mitigation of tree removal and destruction; and to provide for enforcement and administration thereby promoting and protecting the public health, safety and welfare. C. Development projects can often create nuisance or even hazardous conditions such as erosion, litter, incomplete projects, noise, and parking issues. These conditions can interfere with existing land uses in surrounding areas and diminish public health, safety and general welfare. C. The Council seeks to promote, preserve and enhance the natural resources within the City and protect them from adverse effects occasioned by stormwater runoff caused by poorly sited development or incompatible activities by regulating Land Alteration activitiesproviding site design standards that would have an adverse and potentially Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 1 of 29 irreversible impact on water quality and unique and environmentally sensitive land while minimizing conflicts and encouraging compatibility between Land Alteration activities and water quality and environmentally sensitive landsencourage the minimization of stormwater runoff to meet the requirements of appropriate regulatory agencies. Subd. 2. Definitions. For the purposes of this Section, the following terms, phrases, and words shall have the meanings stated below. A. Applicant. A personPerson submitting an application for a Permit. B. BMPs. BMPs are Best Management Practices (BMPs). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water. from Stormwater runoff. This includes, but is not limited to, BMPs such as operating procedures and practices such as to control site runoff, spillage or leaks; minimizing the length of time soil is exposed; and construction-phasing. CC. Building Permit. A Building Permit is a Permit issued in accordance with Minnesota Rules 1300.0120. D. Caliper Inches. The length, in inches, of a straight line measured through the Tree Trunk 12 inches above the ground. DE. Canopy of a Tree. The horizontal extension of a tree's branches in all directions from the Tree Trunk. EF. Certified Contractor. An individual who has received training and is licensed by the State of Minnesota to inspect and maintain erosion control practices. FG. Construction Activity. A disturbance to the land that results in a change to the topography or existing soil cover (both vegetative and non-vegetative)that may result in accelerated stormwater runoff. Examples of Construction Activity may include clearing, grading, filling and excavation. H. Control Measure. The practice or combination of practices to control erosion and sedimentation and attendant pollutionErosion, Sedimentation and Pollution. GI. Detention Basin. A detention basinDetention Basin is a natural or man-made structure, facility or basin for the temporary storage of Stormwater to allow settling of Pollutants while delaying dischargeDischarge of water so that water slowly empties from the area, including but not limited to, wetlands, dry ponds, vegetated swales, infiltrationVegetated Swales, Infiltration trenches and infiltrationInfiltration basins. HJ. Development Plan – A contiguous area that includes a common plan of development or sale where multiple separate and distinct land disturbing activities, including New Development or Redevelopment, may be taking place at different times, or different schedules, but under Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 2 of 29 one proposed plan. One Development Plan is broadly defined to include design, Permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur. K. Discharge. The conveyance, channeling, runoff, or drainage of stormwaterStormwater or any substance which enters a Stormwater Facility. IL. DNR Catchment Area. The Hydrologic Unit 08 drainage areas that drain to a river, stream or lake as delineated and digitized by the Minnesota Department of Natural Resources (DNR) Watershed Delineation Project. The mapping information for the DNR Catchment Areas is available at the DNR Data Deli web site (deli.dnr.state.mn.us). M. Drip Line of a Tree. An imaginary vertical line which extends from the outermost branches of a tree's canopythe Canopy of a Tree to the ground. JN. Diameter. Wherever this term is used in reference to the measurement of a tree it shall mean a Tree Trunk as measured 4.5 feet above the ground. KO. Erosion. Any process that wears away the surface of the land by the action of water, wind, ice or gravity. LP. Erosion Control Systems. Methods, measures or systems employed to prevent soil erosionErosion. MQ. Filtration. Filtration provides Pollutant removal through filtering and settling of stormwater runoff, biological and microbiological uptake, and/or soil adsorption. Filtering practices include media filters (surface, underground, perimeter), vegetative filters (filter strips, grass channels), and combination media/vegetative filters (dry swales). R. Final Stabilization. All Land Alteration has been completed and a uniform perennial vegetative cover with a density of seventy-five (75) percent of the cover for unpaved areas and areas not covered by permanent structures has been established on the land or equivalent permanent cover or stabilization measures have been employed as approved by the City. Sowing grass seed or an annual cover crop is not considered stabilizationFinal Stabilization. OS. Green Infrastructure. A wide array of practices that manage wet weather and maintain or restore natural hydrology by techniques such as preserving natural landscape features, Infiltration, Filtration, evapotranspiration, incorporation of trees for Infiltration or Filtration, or harvesting and re-using stormwater. T. Infiltration. Infiltration is the capture and temporary storage of water to allow passage or movement of the water into the soil through the use of techniques such as Infiltration basins, Infiltration trenches, rainwater gardens, underground Infiltration systems, or natural or enhanced swales. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 3 of 29 U. Land. “Land” shall mean and include an entire Lot (as defined in Section 11.02 of the City Code) on or within the boundaries of which Land Alteration has occurred, or is to occur. PV. Land Alteration Permit. A permitPermit to allow Land Alteration. This includes Grading and Filling Permit referenced in Section 11.50 Subd. 11. QW. Land Alteration. Any land disturbing activity, including excavating; grading; digging, cutting, scraping, clearing; removal of trees; filling or other change or movement of earth which may result in diversion of a man-made or natural water course or erosionErosion of sedimentsSediments. RX. MEP. MEP means the statutory standard (33 U.S.C. 1342(p)(3)(B)(iii)) that establishes the level of Pollutant reductions that must be achieved to the Maximum Extent Practicable. Y. New Development. All Construction Activity that is not defined as Redevelopment. Z. NPDES. NPDES means the National Pollutant Discharge Elimination System (NPDES) as established pursuant to 33 USC § 1342 (b) to regulate dischargesDischarges of Pollutants to waters of the United States. SAA. NPDES Permit. A NPDES stormwater discharge permit that is issued by the Minnesota Pollution Control Agency (MPCA) to regulate dischargesDischarges of Pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis. TBB. Owner. The record Owner of the Land or Site in question. CC. Permit. A Land Alteration Permit or a Building Permit. UDD. Permittee. The holder of a Permit pursuant to this Section. VEE. Pollutant. Pollutant means: (i) toxic or hazardous substances, wastes, or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. §9601-9657, as amended); (ii) substances that would require a permit for their dischargeDischarge into any water source or system or the air under the Federal Water Pollution Control Act, 33 U.S. C. §1251 et Seq., or the Clean Air Act, 42 U.S.C. §7401 et Seq.; (iii) hazardous substances, Pollutants or contaminates defined in Minnesota Statutes Chapter 115B; (iv) litter, yard waste, garbage, liquid and solid wastes, fertilizers, pesticides, herbicides, paints, solvents, automotive fluids, wastes and residues that result from constructing a building or structure, and (iv) any other similar state law or ordinance. A Pollutant of Concern is a Pollutant specifically identified in a USEPA- approved Total Maximum Daily Load (TMDL) report as causing a water quality impairment. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 4 of 29 WFF. Redevelopment. Any Construction Activity where, prior to start of construction, the areas to be disturbed have 15% or more of impervious surface(s). GG. Retention Basin. A retention basin is a temporary or permanent natural or man -made structure, facility or basin that provides a permanent pool of water for storage of Stormwater where water is allowed to empty through infiltrationevapotranspiration, Infiltration, Filtration or evaporation, including but not limited to wet or , dry or National Urban Runoff Program (NURP) ponds. XHH. Root Zone of a Tree. The area under a tree which is at and within the Drip Line of a tree's canopyCanopy of a Tree. Y. Runoff Management Plan (RMP). A plan that must be developed by the Applicant for management of stormwater runoff as required by the Lower Minnesota River Watershed District (LMRWD). ZII. Saturated Soil. The highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. Saturated soil is evidenced by the presence of redoximorphic features or other information. JJ. Sediment. The product of an erosionErosion process, including solid matter both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, gravity or ice and has come to rest on the earth’s surface either above or below the normal water level. AAKK. Sedimentation. The process or action of depositing sediment caused by erosionSediment. BBLL. Significant Tree. Any deciduous hardwood tree (except elm, willow, box elder and aspen) measuring 12 inchesCaliper Inches in Diameter or greater, or a coniferous tree measuring 8 inchesCaliper Inches in Diameter or greater. CCMM. Site. The area of Land within which Land Alteration occurs or is to occur. DDNN. Stormwater. Any form of natural precipitation, including the melting of snow and ice, which causes water to runoff or flow from one place to another and includes Stormwater runoff, snow melt runoff, and surface runoff and drainage. EEOO. Stormwater Facility. AnythingA stationary and permanent Stormwater BMP designed, constructed and operated to prevent or reduce the Discharge of Pollutants in Stormwater as well as structures built to collect, convey, or store stormwaterStormwater, including but not limited to, inlets, pipedpipes, storm drains, pumping facilities, Retention andBasins, Detention Basins, drainage channels, reservoirs, and other drainage structures. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 5 of 29 FFPP. Stormwater Management. The use of structural or non-structural practices that are designed to reduce the movement of Stormwater, including Stormwater dischargeDischarge volumes, and peak flow dischargeDischarge rates. GGQQ. Stormwater Pollution Prevention Plan (SWPPP). A plan described in Subdivision 6Subd. 8.H. of this Section. A SWPPP also refers to that SWPPP required by the MPCA under the NPDES Permit program (Minnesota Statutes Chapters 115to manage and 116, as amended).reduce the Discharge of Pollutants in Stormwater. HHRR. Tree Trunk. The stem portion of a tree from the ground to the first branch thereof. IISS. Vegetated or Grassed Swales. A vegetated earthen channel that conveys stormwaterStormwater while treating the stormwaterStormwater with biofiltration. Such swales may be designed to pretreat surface runoff by removing pollutantsPollutants through filtrationFiltration and infiltrationInfiltration. TT. WMZ. The WMZ (Wellhead Management Zone) is the area within a fifty (50) foot radius from any municipal well. Subd. 3. ScopePermit Requirements and EffectExemptions. A. Permit Required. Except as hereafter provided, it is unlawful for any person to use Land for, or to engage directly or indirectly in, Land Alteration unless such person shall first have applied to and obtained from the City, in the manner hereinafter provided, a Building Permit or Land Alteration Permit authorizing the same. AB. Single Family Dwelling. A person engaging in Land Alteration in connection with the construction of a Single Family Dwelling must obtain a Building Permit from the City. NoIn addition, a Land Alteration Permit may be required if the City Engineer or his/her designee determines that site conditions require a Permit or if a Land Alteration Permit is required. in other Sections of the City Code. The Permittee who conducts Land Alterations pursuant to thea Building Permit shall be required to comply with Subds. 2, 5, and 87 of this Section and in. In the event more than 10% of the Significant Trees on the Site are to be removed in connection with construction of the Dwelling, the Permittee shall also comply with SubdsSubd. 4 and 6.J hereof.of this Section. Failure to comply with Subds. 24, 5, 8 and Subds. 4. and 6.J7 of this Section if applicable, will subject the Permittee to the provisions of Subd. 9.7.H of this Section. The application for the Building Permit shall include a Certificate of Survey in such form and content, including a map of the Erosion Control Measures, which will be provided, and must be pre-approved in writing by the City. Single Family Dwelling construction includes construction of a single family dwelling, garage, pool, addition, driveway or deck. B. General Exemptions. The following Land Alterations are exempt from the requirements for a Land Alteration Permit: Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 6 of 29 1. Any Land Alteration occurring pursuant to a Land Alteration or Building Permit which was approved by the City Council prior to February 7, 2006. 2. A lot forApril 21, 2015 and which a Building Permit has been approved by the City prior to February 7, 2006not expired. 32. Movement of less than 100 cubic yards of earth. 4. Alteration of earth of less than one foot from its natural contour on any contiguous 1,000 square feet. 53. Cutting, removal or killing of less than 10% of the Significant Trees on any Land within a period of five years. 64. Any destruction or disruption of vegetation covering an area equal to or less than 10% of any Land. 75. Installation of a fence, sign, telephone or electric poles and other posts or poles which result in less than 1,000 square feet of exposed soil. 86. Home gardens, turf or an individual’s home landscaping, installation, repairs and/or maintenance work. 97. Retaining walls less than four (4) feet in height and ten (10twenty-five (25) feet in length that are constructed. in a manner which does not change the existing Stormwater Drainage. This would include a single or tiered retaining wall system. 108. Existing agricultural, horticultural or silvicultural operations. 119. Opening and closing graves. 12. 10. Emergency work to prevent or alleviate immediate dangers to life, limb, property or natural resources. In such an event, if a Land Alteration Permit had been required but for the emergency, the obligations of this Section shall apply and shall be performed at the earliest reasonable time thereafter. 1311. Excavations for tunnels, wells, utilities, trails, sidewalks, roads or other public work projects which are undertaken by the City, unless the disturbance meets the criteria established in Subd. 6 of this Section. C. Other Requirements. Neither this Section nor any administrative decision made under it exempts a person from other requirements of this Code, from procuring permits required by other agencies (including but not limited to the Watershed District, Hennepin County, Minnesota Pollution Control Agency (MPCA) or the Minnesota Department of Natural Resources (DNR)) or for complying with the requirements and conditions of such permits. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 7 of 29 A copy of any permits related to Land Alteration or Stormwater received from another federal, state or local authority must be provided to the City Engineer. Subd. 4. Tree Replacement Plan Requirements. The issuance of a Land Alteration Permit or Building Permit, if applicable, shall be further subject to and conditioned upon compliance by the Permittee with the following: A. Tree Inventory. A Tree Inventory certified by a registered land surveyor, landscape architect or forester must be provided to the City Forester. The Tree Inventory must depict the following: 1. The size, species, condition and location on the Site of all Significant Trees. On large wooded areas, forest mensuration methods may be used to determine the total Diameter inches of trees outside the area of the proposed Land Alteration. 2. A list of Significant Trees which will be lost due to the proposed Land Alteration. Significant Trees shall be considered lost as a result of: a. grade change or Land Alteration, whether temporary or permanent, of greater than one (1) foot measured vertically, affecting 60% (as measured on a horizontal plane) or more of the tree's Root Zone; b. utility construction (i.e., sewer, water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of 60% or more of the tree's roots within the Root Zone; c. mechanical injury to the Tree Trunk of a Significant Tree causing loss of more than 40% of the bark at any given Diameter location along the trunk; or, d. compaction to a depth of 6 inches or more of 60% or more of the surface of the soil within a Significant Tree's Root Zone. 3. The number, type and size of trees required to be replaced pursuant to this Section. 4. The location of the replacement trees. B. Tree Replacement Requirements. The Permittee shall replace significant live treesSignificant Trees lost or reasonably anticipated to be lost as a result of building, constructionConstruction Activity or Land Alteration immediately or in the future, by the Permittee, his agent, or his successor in interest, or any other person to whom or by whom all or any part of the land may be sold, graded, built upon, or altered by planting that number of trees ("replacement trees")(Replacement Trees) determined in accordance with the following formula: A = Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 8 of 29 B = Total Diameter Inches of Significant Trees Situated on the Land C = Tree Replacement Constant (1.33) D = Replacement Trees (Number of Caliper Inches) [(A/B) x C] x A = D EXAMPLE A = 337 B = 943 C = 1.33 D = 160 [(337/943) x 1.33] x 337 = 160 The trees required to be replaced pursuant to this Section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code. A Financial Security is required as described in Subdivision 1112 of this Section. BC. Location of Replacement Trees. Replacement treesTrees shall be planted in one or more of the following areas on the landLand: (1). Restoration areas including steep slopes. (2). Outlots or common areas. (3). Buffer zones between different land uses and/or activities. (4). Project entrance areas. (5). Wetland Buffer Areas 6. Stormwater BMPs designed according to Subd. 7. 7. Any other part of the landLand except any thereofareas dedicated or conveyed to the City, unless the City consents theretoin writing. CD. Sizes and Types of Replacement Trees. Replacement treesTrees must be no less than the following sizes: (1). Deciduous trees - no less than three (3) Caliper Inches. (2). Coniferous trees - no less than seven (7) feet high. On steep slopes (i.e., greater than 3:1) deciduous trees may be two (2) Caliper Inches and coniferous trees may be six (6) feet in height. Replacement treesTrees shall be of a species similar to the trees which are lost or removed and shall include those speciesbe pre-approved in writing by the City. The following table is provided for guidance in selection of trees and shrubs. DECIDUOUS TREES COMMON NAME BOTANICAL NAME Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 9 of 29 DECIDUOUS TREES Red Maple or cultivar Acer rubrum, Northwood, Firedance Silver Queen Maple (seedless) Acer saccharinum, 'Silver Queen' Sugar Maple or cultivar Acer saccharum, Green Mountain River Birch Betula nigra Hackberry Celtis occidentalis Green Ash or cultivar Fraxinus pennsylvanica, Kindred, Newport, Bergeson, Marshall's Seedless, Patmore, Summit Ginkgo Ginkgo biloba (male only) Honeylocust Gleditsia triacanthos inermis Kentucky Coffeetree Gymnocladus dioica Ironwood Ostrya virginiana Robusta poplar Populus x Robusta Siouxland Cottonwood Populus deltoides x Siouxland White Oak Quercus alba Swamp White Oak Quercus bicolor Pin Oak Quercus palustris Northern Red Oak Quercus rubra American Linden Tilia americana Littleleaf Linden or cultivar Tilia cordata, Glenleven, Greenspire Redmond Linden Tilia americana, 'Redmond' CONIFEROUS TREES COMMON NAME BOTANICAL NAME Balsam Fir Abies balsamea White Fir Abies concolor European Larch Larix decidua Black Hills Spruce Picea glauca 'Densata' Austrian pine Pinus nigra Ponderosa Pine Pinus ponderosa Norway Pine Pinus resinosa Scotch Pine Pinus sylvestris White Pine Pinus strobus Colorado Spruce Picea pungens D. E. Time to Perform. Replacement trees shall be planted not less than 18 months fromafter the date of issuance of the permitPermit. F. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 10 of 29 E. Missing, Dead or Unhealthy Trees. Any replacement treeReplacement Tree which is not alive or healthy one (1) year after the date that the last replacement treeReplacement Tree has been planted shall be removed and a new healthy tree of the same size and species shall be planted in place of the removed tree. A new healthy tree of the same size and species shall be planted in place of any replacement tree Replacement Tree missing within one (1) year after the date the last Replacement Tree has been planted on the Land. All such date. Plantingplantings shall occur no later than the first fall or spring following suchwithin one year of the date the tree qualifies as dead, unhealthy or missing. FG. Sources of Trees. Replacement trees shall consist of "certified nursery stock" as defined by Minnesota Statutes Section 18.46 or other trees ("wilding trees") so long as such wilding trees comply with the following standards. A wilding tree measured in Caliper Inches shall not exceed the maximum height as shown in the table below: CALIPER INCHES MAXIMUM HEIGHT (FEET) 2 18 2 18 3 20 3 20 4 24 5 28 The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than one-half of the total height of the tree. (Example: a 16 foot tree must have a branch within 8 feet of the surface of the surrounding ground.) Trees planted in place of missing, dead, or unhealthy replacement treesReplacement Trees shall consist only of “certified nursery stock” as defined by Minnesota Statutes, Section 18.46. GH. Exceptions. The provisions of Subd. 4 shall not apply to the cutting of trees planted and grown by the owner or owner's predecessor on real estate which on April 17, 1990 was classified as Class 2b property according to Minnesota Statutes 1989 Supplement, Section 273.13, Subd. 23(b) because it was as of such date real estate, rural in character, and used exclusively for growing trees for timber, lumber, wood and wood products as described in clause (1) of said Subd. 23(b). Subd. 5. General Requirements for Land Alteration. Land Alteration shall be subject to and conditioned upon the performance by the Permittee or Owner of the following general requirements regardless of whether a Land Alteration Permit is required: Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 11 of 29 A. Concrete Truck Wash Out. The Permittee must designate a location Designation of an area for wash out of concrete trucks and equipment. must be provided. Sites that are one acre or more must provide on the Site a station for washing out concrete trucks and equipment. The location of the wash out area or wash out station shall preclude the drainage of concrete and waterall other wash out wastes from the washing activities to a Stormwater Facility or water resource. B. Corrections. If erosion breaches Breaches of the perimeter of the Site, the Permittee by Erosion shall be immediately correct, cleancorrected, cleaned up and/or restore the Site. The Permittee shall obtain arestored. A right-of-entry from the adjoining property owner(s) andmust be obtained to implement clean up and restoration on adjoining properties that were affected by the erosion breachesErosion. Breaches must be corrected within 48 hours of obtaining approvala right-of-entry. C. Drain inlet protection. All storm drain inlets shall be protected during constructionConstruction Activities and Land Alteration with straw bales, silt fence or other equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas" or alternative pre- approved in writing by the City until Control Measures are in placeFinal Stabilization is completed. D. Driveway construction. All driveways to be constructeddriveway construction that disturbs the underlying soils shall be installed in accordance with City Code Chapter 11 surface requirements . Driveway construction shall be completed within 120 days after the earlier of the following: (i) construction of the structure(s), in connection with) for which the driveway is constructed, has been; (ii) a rehabilitation project is completed; or (iii) a Certificate of Occupancy has been issued, whichever occurs first,; unless otherwise approved by the City. E. Erosion Control Installation. Erosion Control Systems shall be installed by the Permittee prior to commencement of any Land Alteration activity and maintained during the Land Alteration activities in accordance with the following parameters: 1. Stormwater channeled from adjacent areas passing through the Site shall be diverted around disturbed areas during the Land Alteration, if practical. Diverted Stormwater shall be conveyed in a manner that will not erode the channels. 2. All activities on the Site shall be conducted in a manner which minimizes the area of bare soil exposed at any one time. 3. Runoff from the Site shall be controlled by meeting subsection a. below and either subsections a and subsection b. or c,., depending on the size of the Site. (a). All disturbed earth left inactive for more than thirty (30) days shall be stabilized by seeding (if prior to September 15), sodding, mulching, or other equivalent Control Measure pre-approved in writing by the City within Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 12 of 29 fourteen (14) days of ceasing Construction Activity or Land Alternation, unless required otherwise in a federal, state or local permit. (b). For sites with more than ten (10) acres disturbed at one time, or if a channel originates in the disturbed area, one (1) or more temporary and/or permanent Detention or Retention Basins (Basin) shall be constructed. Each Basin shall have a surface area of at least 1% of the area draining to the Basin and at least three (3) feet of depth and . Each Basin shall be constructed in accordance with design specifications approved by the City. The Permittee or Owner shall ensure that Sediment shall beis removed on a regular basis in order to maintain a depth of three (3) feet. The Basin dischargeDischarge rate shall also be sufficiently low as to not cause erosion along the dischargeDischarge channel or the receiving water. (c). For Sites with less than ten (10) acres disturbed at one time, silt fences, straw bales, or equivalent Control Measures shall be placed along the side and down slopes of the siteSite. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sedimentSediment reaching the channel. Erosion Control Systems may be adjusted during dry weather to accommodate short term activities, such as those that require the passage of very large vehicles. As soon as the activity is finished and in any event prior to the occurrence of rainfall, the erosion and sediment control structuresErosion Control Systems must be returned to the original configuration specified or approved by the City. F. Erosion Control Maintenance. All Erosion Control Systems shall be designed to minimize the need for maintenance, and to provide access for maintenance purposes and. All Erosion Control Systems shall be maintained in a functional condition until Final Stabilization of the construction siteSite and until all Land Alteration, including completion of turf and/or structural surfaces used to control soil erosion, areis complete. Erosion Control Systems shall be removed within thirty (30) days following Final Stabilization. G. Field Testing / Field Measurements. To assure that the Land Alteration is being conducted in accordance with the conditions stated on the Land Alteration Permit and with the requirements of this Section, the City may order, at the expense of the Permittee, those field measurements the City deems necessary to assure that such conditions and requirements are being followed. Such work is to be done at the direction of the City on an hourly charge fixed by the City. H. Final Stabilization. Upon ceasing operations or upon interrupting Land Alterations for a period of six (6) months or more, the Permittee or Owner shall complete Final Stabilization of the site. Ground cover shall be established within sixty (60) days of For a Certificate of Occupancy issued from April 1 to August 31 or by the following June 1 for, ground cover shall be established within sixty (60) days of the issuance of the Certificate. For a Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 13 of 29 Certificate of Occupancy issued between September 1 to March 31, ground cover shall be established prior to June 1 of the following year. I. Hours of Operation. No operationsLand Alterations shall be conducted prior to 7:00 o'clock a.m. nor after 7:00 o'clock p.m. on Monday through Friday, prior to 9:00 o’clock a.m. nor after 7:00 o’clock p.m. on Saturday, nor any time on Sundays andor legal holidays. The City may, upon good cause being shown, vary these days and hours in writing. J. Protection of Adjoining Structures. No Land Alteration shall occur which may endanger the use or support of adjoining lands or structures. K. Slope Stabilization. Land contours made in conjunction with Land Alteration shall be sloped on all sides at a minimum ratio of three horizontal to one vertical (3H:1V) or greater as required in this Section, unless a steeper slope shall beis approved in writing by the City. L. Stormwater Facility / Stormwater Management Design. If Stormwater Facilities are required by the City, the Stormwater Facilities shall be designed by a Licensed Professional Engineer (PE) based on National Urban Runoff Program (NURP) Design Criteria. Alternatives to the NURP Design Criteria must be approved by the City. The NURP Design Criteria includes the following. 1. A permanent pond surface equal to 2% of the impervious area draining to the pond or 1% of the entire area draining to the pond, whichever amount is greater. 2. An average permanent pool depth of four (4) to ten (10) feet. 3. A recommended permanent pool length to width ratio of 3:1 or greater. 4. A minimum protective shelf extending ten (10) feet into the permanent pool with a slope of 10:1, beyond which slopes shall not exceed 3:1. 5. All Stormwater Facilities shall have a device to keep oil, grease, and other water borne material from moving downstream as a result of normal operations. M. Temporary Construction Fencing. The Permittee shall install temporaryTemporary construction fencing must be installed around the Site, if necessary, to protect the public or natural resources against injury or damage. All temporary construction fencing shall be removed within ten (10) days following elimination of potential injury or damage or issuance of a Certificate of Occupancy, whichever occurs first. The fencing shall not be used as a permanent installation. N. Temporary Soil or Dirt Storage. Soil or dirt storage piles containing more than fifty (50) cubic yards of material remaining for more than twenty-one (21) days shall be stabilized by mulching, vegetative cover, tarps, or other means. Erosion from piles shall be controlled by placing straw balesequivalent Control Measures within fourteen (14) days unless required otherwise in a federal, state or silt fence barriers around the pilelocal permit. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 14 of 29 O. Tracking or Spilling. Best Management Practices (BMPs) shall be employed to minimize sedimentSediment from being tracked or spilled onto public or private roadways. The BMPs may include, but are not limited to, the following: frequent cleaning of streets adjacent to the construction site, rock construction entrances, graveled roads, washing stations, and parking areas of sufficient width and length. Sediment reaching a sidewalk, trail or public or private road shall be removed by street cleaning with power sweepers (not flushing) before the end of theeach workday or within the time frame stipulated in the Permit or as otherwise ordered by the City Engineer, Manager of Building Inspections or their delegatein writing. Should eroded soils enter, or entrance appears imminent, into wetland or other water bodies, clean up and repair shall be immediate. The Permittee or Owner shall provide all traffic controlbe responsible for signage and flagging required to protect the traveling publicother protection measure during clean up operations. P. Site Dewatering. Water pumped from the Site shall be treated by temporary sedimentationSedimentation basins, grit chambers, sand filters, upflow chambers, hydro- cyclones, swirl concentrators or other controls as appropriate. Water may not be dischargedDischarged in a manner that causes erosionErosion or flooding that creates an adverse impact to the siteSite, abutting property, receiving channels or a wetland. Q. Unsafe Conditions. The Permittee shall repair, change, alter or, modify or desist from any Land Alteration deemed by the City Engineer or his/her designee to be the cause of unsanitary, dangerous, or polluted conditions inimicalharmful to the general welfare of the City. R. Waste and Material Collection and Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, litter, wastewater or sewage, toxic materials or hazardous materials) shall be properly contained while on site, properly disposed of off-site, and not allowed to be carried by water and/or wind off the site or into a receiving channel or storm sewer system. Waste containers and all construction materials shall not be placed or stored such that they obstruct, encroach upon, or interfere wholly or in part with any public right-of-way, including but not limited to, public roadways, trails, sidewalks, parks or other public properties unless a permit is issued under City Code Section 6.06. S. Wetlands and Waterways. Stormwater shall not be Discharged directly into any natural water bodies such as wetlands, lakes or streams without pre-settlement. Wetlands must not be drained or filled, wholly or partially, unless a permit to replace by restoring or creating wetland areas of at least equal public value has been issued by the local governing unit. The permit and replacement must be in accordance with the Wetlands Conservation Act [MN Statutes 103G.221 et. Seq. (herein referred to as the WCA)] and City Code Section 11.51. Subd. 6. Development Plan Stormwater Management Standards and Design Criteria Development Plans with land disturbance of greater than or equal to one acre, including projects of less than one acre that are part of a larger common plan of development or sale, shall include evaluation of the following provisions. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 15 of 29 A. Green Infrastructure Analysis. The use of Green Infrastructure techniques and practices shall be the preferred BMPs for accomplishing compliance with Subd. 7. C. and Subd. 7. D. The following Green Infrastructure design options or types of features must be considered, consistent with zoning, subdivision and PUD requirements: 1. Preserving natural vegetation. 2. Preserving and utilizing natural upland swales, depressions and upland storage areas in the post-development condition to the degree that they can convey, store, infiltrate, filter or retain Stormwater runoff before Discharge. Preservation requires that no grading or other Construction Activity occurs in these areas. 3. Minimizing impervious surface. 4. Installing permeable pavement to allow stormwater runoff to filter through surface voids into an underlying reservoir for temporary storage and/or Infiltration. 5. Utilizing vegetated areas to filter sheet flow, remove Sediment and other Pollutants and increase time of concentration to slow Discharge or reduce runoff of Stormwater. 6. Disconnecting impervious areas by allowing runoff from small impervious areas to be directed to pervious areas where it can be infiltrated or filtered. 7. Installing a green roof to provide an environment for plant growth for treatment of stormwater through filtering of suspended solids and pollutants and/or for volume and rate control as part of the roof system for the building. 8. Using irrigation ponds or systems, cisterns, rain barrels and related BMPs to reuse Stormwater runoff. 9. Planting of trees for retention and detention of Stormwater runoff as defined in the Minnesota Stormwater Manual or State of Minnesota Minimal Impact Design Standards (MIDS). 10. Utilizing a soil amendment or decompaction process after site disturbance. 11. Minimizing parking facility size. 12. Increasing buffers around streams, steep slopes and wetlands to protect from flood damage and/or provide additional water quality treatment. Development Plans should be designed to protect and minimize impacts to natural features such as wetlands, wooded areas, rare and endangered species habitat, preservation areas Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 16 of 29 designated by the Hennepin County Biological Survey, Metro greenways, and parkland to the MEP. B. Post-Construction Stormwater Management. Development Plans shall include the following conditions to the MEP. 1. New Development projects must have no net increase from pre-project conditions (on an annual average basis) of: a. Stormwater Discharge Volume b. Stormwater Discharges of Total Suspended Solids (TSS) c. Stormwater Discharges of Total Phosphorus (TP) 2. Redevelopment projects must have a net reduction from pre-project conditions (on an annual average basis) of: a. Stormwater Discharge volume b. Stormwater Discharges of TSS c. Stormwater Discharges of TP C. Volume Management. Volume Management Measures for Development Plans shall meet the following standards: 1. Retain a runoff volume equal to one (1.0) inch times the area of the proposed new impervious surfaces onsite. 2. 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 Infiltration areas. 3. Calculations, modeling and design for and installation of Infiltration BMPs must be provided. 4. No wetlands or areas below the calculated normal water level of constructed wet ponds shall be accepted as an Infiltration practice. D. Stormwater Discharge Volume Prohibitions. The use of Infiltration is prohibited on sites where the Infiltration BMP will receive Discharges from, or be constructed in, any of the following areas: 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. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 17 of 29 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 II Environmental Site Assessment, must be provided. 5. Within the Wellhead Management Zone (WMZ) of any City well. E. Stormwater Discharge Volume Restrictions. The use of Infiltration is restricted and subject to review and approval by the City where the Infiltration BMP will be constructed on any of the following sites: 1. Where predominately Hydrologic Soil Group D (clay) soils exist. 2. Within 1,000 feet up-gradient, or 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. 3. Where the bottom of the Infiltration basin will be less than 3 feet above the normal water level of any adjacent wetland. 4. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. Rules 4720.5100, subp. 13. 5. Where soil Infiltration rates exceed 8.3 inches per hour. 6. Within 50 feet of a salt stockpile or storage area. 7. Where vehicle fueling and maintenance previously occurred. Additional analysis and higher engineering review will be required in these areas to ensure that Infiltration BMPs will perform properly and that groundwater is adequately protected. F. Stormwater Discharge Volume Exceptions. The use of less Infiltration for volume control on the Site of the Construction Activity or Land Alteration may be allowed subject to review and approval in writing by the City where: 1. The Site is precluded from infiltrating Stormwater through a designed system due to any of the limitations described in Subds. 6.D or 7.E of this Section. 2. The project is a linear project where the right-of-way precludes the installation of volume control practices that meet the conditions for post-construction storm water Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 18 of 29 management Subds. B or C of this Section. A reasonable attempt must be made to obtain right-of-way during the project planning process. If the City determines that Infiltration is restricted or prohibited on site, the Permittee or Owner shall incorporate to the MEP Stormwater treatment alternatives such as Filtration, evapotranspiration, reuse, harvesting, conservation design, green roofs, or other similar techniques on the Site to reduce Stormwater Discharge volume. The Permittee or Owner may be allowed to provide payment to the City in lieu of the volume reduction upon written approval by the City. G. Stormwater Management Mitigation. In circumstances where the Permittee cannot cost effectively meet the post-construction requirements for Total Suspended Solids (TSS) or Total Phosphorus (TP) treatment established in Subd. 6.B in this Section on the Site, the Permittee must identify locations where mitigation projects will be completed by the Permittee. The TSS and/or TP not addressed on Site must be addressed through mitigation approved by in writing by the City and, at a minimum, shall ensure the following: 1. Mitigation project areas are selected in the following order of preference: a. Locations that yield benefits to the same receiving water that Stormwater runoff drains to from the Construction Activity or Land Alteration. b. Locations with the same Department of Natural Resource (DNR) catchment area as the Construction Activity or Land Alteration. c. Locations in the next adjacent DNR catchment area up-stream d. Locations anywhere within the City. 2. Mitigation projects must be approved by the City in writing and may include either: (i) creation of new Stormwater Facilities, (ii) retrofit of existing Stormwater Facilities, (iii) creation or use of a regional Stormwater Facility. Routine maintenance of Stormwater Facilities already installed cannot be used to meet mitigation requirements. 3. Completed within 24 months after the start of the Construction Activity or Land Alteration. The Permittee may be allowed to provide payment to the City in lieu of the Stormwater Management mitigation activity upon written approval by the City. The Permittee shall determine, document and provide the contact information for the Person who is responsible for long-term maintenance on all mitigation projects. The Person responsible is subject to approval by the City. H. Stormwater Facility Design Standards. All storm sewer system components, including inlets, outlets, catch basins, piping and other structures designed to treat or convey Stormwater, shall be designed for a minimum 10-year frequency event using currently accepted rainfall data with the exception of storm sewer systems near critical topographic features such as steep slopes and bluffs which shall be designed for a 100-year frequency Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 19 of 29 event with a designated overland emergency overflow (EOF). Green Infrastructure required by the City or other regulatory agency may be considered for reductions in storm sewer design requirements if pre-approved in writing by the City Engineer. I. NURP Design Criteria. If Stormwater Facilities are required by the City, the Stormwater Facilities shall include a Stormwater pond based on NURP Design Criteria. The NURP pond shall be designed by a Licensed Professional Engineer (PE). Alternatives to the NURP Design Criteria must be approved in writing by the City. The NURP Design Criteria include the following. 1. A permanent pond surface equal to 2% of the impervious area draining to the pond or 1% of the entire area draining to the pond, whichever amount is greater. 2. An average permanent pool depth of four (4) to ten (10) feet. 3. A recommended permanent pool length to width ratio of 3H:1V or greater. 4. A minimum protective shelf extending ten (10) feet into the permanent pool with a slope of 10:1, beyond which slopes shall not exceed 3H:1V. 5. All Stormwater Facilities shall have a device to keep oil, grease, and other water borne material from moving downstream as a result of normal operations. Subd. 7. Inspections, Monitoring and Maintenance. A. Inspections. Inspections of the Site and Stormwater Facility to determine compliance with the requirements of this Section are the responsibility of the Permittee and/or Owner. Sites which require a NPDES Permit or are greater than 1.0 acre in size must have inspections completed by a Certified Professional in Erosion & Sediment Control (CPESC) or a Licensed Professional Engineer (PE). Inspection results and maintenance activity reports must be completed and submitted in writing to the City for a minimum of two (2) years following completion of construction. B. Right of Entry and Access to Materials. The City shall be entitled to enter and inspect the Site and Stormwater Facilities as often as may be necessary to determine compliance with this Section and shall be entitled to examine and copy records, wherever they may be kept that must be maintained pursuant to the Permit or local, state or federal law. C. Obstructions to Access. Any temporary or permanent obstruction to safe and easy access to a Site or Stormwater Facility subject to inspection shall be promptly removed by the Permittee or Owner at the request of the City and shall not be replaced. D. Monitoring and Testing of Stormwater Discharge and Stormwater Facilities. To assure that the Land Alteration is being conducted in accordance with the conditions stated on the Permit, the City may order, at the expense of the Permittee or Owner, monitoring of the Stormwater Discharge and/or Stormwater Facility, including those field measurements or Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 20 of 29 testing the City deems necessary to assure that the conditions and requirements of the Permit are being followed. If the monitoring is not completed, the City shall have the right to set up on any Site such devices as are necessary in the opinion of the City to conduct monitoring, testing and/or sampling of the Stormwater and/or Stormwater Facility. E. Inspections and Maintenance 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 0.5 inches or more. Any Erosion or breach in an Erosion Control System must be corrected within 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; or replacement of landscape vegetation. Inspections shall include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of Erosion Control Systems and other Stormwater Facilities. Documentation for each inspection must be provided to the City in a format approved by the City. F. Post Activity Inspections. All Stormwater Facilities must undergo, at a minimum, one inspection annually for five (5) years after completion of the construction. After five annual inspections are approved by the City in writing, all Stormwater Facilities must undergo, at a minimum, one inspection every five (5) years to document maintenance and repair needs and ensure compliance with the requirements of this Section and all federal, state and local regulations. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement or maintenance agreement in favor of the City, Watershed District or other federal, state or local agency. G. As-Built Surveys. An as-built survey of every Stormwater Facility must be provided to the City within one year of final completion of Construction Activity or Land Alteration. H. Post Activity Stormwater Facility Maintenance. Owners of Land which includes a Stormwater Facility must maintain the Stormwater Facility to ensure proper functioning of the Stormwater Facility over time. Maintenance shall include: restoration or replacement of Stormwater Facilities’ function; removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; or replacement of landscape vegetation if needed. Any required maintenance shall be addressed in a timely manner, as determined by the City. The maintenance requirement may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility over time. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement or maintenance agreement in favor of the City or Watershed District. The City may perform maintenance on any private Stormwater Facility which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the storm sewer system or surface waters. The Owner of the private system Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 21 of 29 shall be responsible for any costs and charges that are associated with this work. I. Stormwater Facility Easement. When any new Stormwater Facility is installed on private property where it receives drainage from a public Stormwater system, the property owner shall grant to the City an easement in recordable form granting the City the right, but not the obligation, to maintain, reconstruct, repair and inspect the Stormwater Facility. The easement shall include the right to enter onto the Site to gain access to the Stormwater Facility. J. Failure to Maintain Practices. If a Permittee fails or refuses to meet any of the requirements of this Section, the City, after notice, may inspect the Stormwater Facility to determine if maintenance is required to ensure compliance with this Section and/or correct any violations by performing all necessary work to place the Site in compliance with this Section. The notice shall set forth a deadline within which correction of the violation must be completed. The notice shall further advise that, should the Permittee fail to correct the violation within the established deadline, the work will be completed or arranged by the City and the expense thereof shall be charged to the Permittee or Owner. Building inspections may be withheld until the violation is abated or corrected. The City may also issue a stop- work order on any activities that violate the terms of this Section. If payment is not made within thirty (30) days after costs are incurred by the City, payment will be made from the Permittee’s Financial Security as described in this Section. If there is an insufficient amount in the Financial Security to cover the costs incurred by the City or if there is no Financial Security, then the City may, if authorized by law, assess the Site and/or Land for the cost of repair work and any penalties and the amount assessed shall be a lien on the Site and/or Land and may be placed on the tax bill and collected as ordinary taxes by the county. Subd. 8 Subd. 6. Land Alteration Permit Application Requirements. A person seeking a Land Alteration Permit shall make application to the City on a City-approved form whichand must include information that exhibits compliance with City Code Section 11.55 and other federal, state and local permit requirements, including the State of Minnesota issued NPDES/SDS General Permit to Discharge Stormwater Associated with Construction Activity or Land Alteration, as applicable. The Land Alteration Permit application shall include the following: A. Address / Name.A. Applicant / Owner. The name, address and telephone number of the Applicant, andfollowing: (i) the ownerApplicant, (ii) the Owner of the land subjectLand and/or Site, and (iii) the Person or operator to be performing the Land Alteration and the Site of the proposed Land Alteration. B. Estimated Cost of the Land Alteration. The Applicant must provide an estimated cost for the proposed land alterationLand Alteration. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 22 of 29 C. Inspection and Maintenance. All Stormwater Facilities shall be designed to minimize the need for maintenance, to provide access for maintenance purposes and to be structurally sound. The Applicant shall obtain necessary easements or other property interests to allow access to the Stormwater Facilities for inspection and maintenance. D. Land Alteration Permit Fees. A Plan Review Fee and a Land Alteration Permit Fee in an amount determined by the Council and fixed by resolutionin the City Fee Schedule must be paid at the time of submitting an Application to the City. In the event the Application for a Land Alteration Permit application is denied, the Land Alteration Permit Fee shall be returned to the Applicant. E. Site construction and/or site grading plans. Plans All plans provided shall be provided at the same scale. The minimum scale shall be one inch equals 50 feet. All plans must be signed by a Licensed Professional Engineer (PE) who must verify that the design of all Stormwater Facilities and Erosion Control Systems meet the requirements contained in this Section. The plans must include the following.: 1. A topographic map of the Site on which as it exists prior to the proposed Land Alteration is to occur showing ground elevation contours at two-foot intervals. The map shall show the Site as it exists prior to the proposed Land Alteration and shall include a minimum of 100250 feet of land abutting the Site all sides that is sufficient to show on- and off-site drainage. 2. A topographic map of the Site (grading plan) showing the existing and proposed ground elevation contours at two-foot intervals of the Site when the Land Alteration is completed. 3. Locations and dimensions of all proposed Land Alterations and site features before and after Land Alteration. 44. The Emergency Over Flow (EOF) location and elevation for each Stormwater Facility. 5. The location and size of existing and proposed building pads. 56. Locations and dimensions of all temporary or interim soil or dirt stockpiles. 67. Location, dimensions and plans of all temporary, interim and final Stormwater Facilities and Erosion Control Systems necessary to meet the requirements of this Section. 7. Finished grading plan which shows at two-foot intervals, the land and Site features before and after the Land Alteration. 8. Methods that will be used to stabilize the site during and after construction, including types, time frames and schedules. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 23 of 29 9. A restoration plan for areas disturbed by the Land Alteration, including Final Stabilization measures. F. Proposed Use. A statement relating to the current andintended or proposed use of the Land including, if any, the type of building or structure situated, or contemplated to be built thereon. G. Schedule. The estimated period of time within which the Land Alteration will be conducted, including any phasing of Land Alteration. The schedule must include an anticipated start and completion date of the Land Alteration including the installation of temporary, interim and final Erosion Control Systems needed to meet the requirements of this Section. H. Stormwater Pollution Prevention Plan (SWPPP). A SWPPP shall be provided that describes the control and management of the flow of Stormwater and associated water quality impacts resulting from the development. A copy of the Application for General completed NPDES/SDS Construction Stormwater General Permit for Construction Activity for the Site if required by the Minnesota Pollution Control Agency (MPCA) must be provided with the SWPPP. The following Stormwater management practices must be evaluated while developing the SWPPP: 1. Natural infiltration of precipitation on-site; 2. Flow attenuation by use of open vegetated swales and natural depressions; 3. Stormwater Detention Basins; and 4. Stormwater Retention Basins. I. Stormwater Treatment Calculations. Stormwater treatment calculations used to determine compliance with Subds. 6 or 9 of this Section and any federal, state or local regulatory requirements or permits shall be provided. I. Runoff Management Plan (RMP). A copy of the RMP, if required, submitted toIf the proposed project is in the Lower Minnesota River Watershed District (LMRWD). Willa Runoff Management Plan (RMP) must be developed by the Applicant for management of Stormwater runoff in accordance with LMRWD requirements. A copy of the RMP, if required, must be provided with the Land Alteration Permit application. J. )Tree Inventory. A tree inventory certified by a registered land surveyor, landscape architect or forester depicting: Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 24 of 29 1. The size, species, condition and location on the Site of all Significant Trees. On large wooded areas, forest mensuration methods may be used to determine the total Diameter inches of trees outside the area of the proposed Land Alteration. 2. Significant trees which lost due to the proposed Land Alteration. Significant Trees shall be considered lost as a result of: (i) grade change or Land Alteration, whether temporary or permanent, of greater than one (1) foot measured vertically, affecting 60% (as measured on a horizontal plane) or more of the tree's Root Zone; (ii) utility construction (i.e., sewer, water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of 60% or more of the tree's roots within the Root Zone; (iii) mechanical injury to the Tree Trunk of a Significant Tree causing loss of more than 40% of the bark at any given diameter location along the trunk; or, (iv) compaction to a depth of 6 inches or more of 60% or more of the surface of the soil within a Significant Tree's Root Zone. 3. The number, type and size of trees required to be replaced pursuant to this Section. 4. The location of the replacement trees. Subd. 79. Permit Application Review and Approval. A. Issuance or Denial. The City Engineer or his/her designee shall review an application for a Land Alteration Permit to determine its conformance with the provisions of this Section. Within 90 days of receiving a complete Application, the City Engineer or his/her designee shall in writing either approve or deny issuance of a Permit or recommend that the application be forwarded to the City Council for review and approval. denial or approval. Prior to release of the Land Alteration Permit, the Applicant shall provide written copies of all required federal, state and local permit approvals. A. Conditions. Approval, denial, or approval subject to conditions of a Land Alteration Permit shall be based upon the following factors: 1. Whether, and the extent to which, the Land Alteration may create or exacerbate a safety risk to surrounding persons, the public or property. 2. Whether, and the extent to which, the Land Alteration may cause anyundue harm to the environment including, but not limited to, noise, dust, erosionErosion, undue destruction of vegetation, and accumulation of waste materials and Pollutants. 3. Whether the physical characteristics of the Site, including but not limited to topography, vegetation, susceptibility to erosionErosion or siltation, susceptibility to flooding, water storage or retention, are such that the Site is not suitable for Land Alteration or the use contemplatedproposed. 4. Whether the Land Alteration or proposed use is likely to cause substantial environmental damage. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 25 of 29 5. Whether the Land Alteration or proposed use will be detrimental to the health, safety or general welfare of the public. 64. Whether adequate plans have been made for restoring and/or stabilizing the Site upon completion of the Land Alteration. 75. Whether there is a substantial likelihood that the Applicant will be able to comply with the rules and regulations of this andSection, other applicable Sections of the City Code, and all applicable state, federal and local regulations. 86. Whether the Site proposed for the Land Alteration is zoned for the use to which the Land will be put after the Land Alteration is completedproposed use. 97. If the City accepts maintenance of the Stormwater Facility, the City can require conveyance to the City or other public entity certain lands or interests therein. A Land Alteration Permit may be approved subject to conditions which limit the size; kind or character of the proposed Land Alteration; require the construction of Stormwater Facilities; require replacement of vegetation; establish monitoring procedures; require staging the work over time; and/or require buffering. B. Modifications. A Permittee may submit to the City a written request for modification of a Permit. The City Engineer or his/her designee shall review the request and in writing either approve or deny the request or recommend that the request be forwarded to the City Council for review and denial or approval. The City may require additional reports and data from the Permittee in reviewing the request. Subd. 8 C. Expiration. All Land Alteration Permits shall expire 24 months after issuance unless otherwise noted on the Permit. Subd. 10. Suspension or Revocation of Permit. The City may suspend or revoke thea Permit as follows: A. Suspension. If the City determines that either (i) the permitPermit was issued in error or on the basis of incorrect information; isor (ii) the Permit or work are in violation of any provision of this Section or any Ordinance or Regulation; or if an inspection reveals that the work is not in compliance with the requirements of this Sectionfederal, state or local regulation, the City may suspend the permitPermit and issue a stop work order and the Permittee shall cease all work on the work Site except for work necessary to remedy the cause of the suspension. The Permittee may request a reinstatement of a suspended Permit upon correction of the causes for suspension. If the conditions of the Permit have been complied with in full, the City shall reinstate the Permit. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 26 of 29 B. Revocation. If the Permittee refuses or fails to cease work after the suspension, the City shall or refuses or fails to correct the causes for suspension within the time period provided in the stop work order, the City may revoke the Permit. Subd. 11. Financial Security. Financial Security is required prior to issuance of a Land Alteration Permit. The Financial Security may take the form of a performance bond or irrevocable letter of credit issued by a financial institution and in a form acceptable to the City or cash in United States currency. The performance bond, letter of credit, or an agreement relating to the deposit of cash with the City shall provide that the financial surety, in the case of a performance bond; the issuer of the letter of credit; and/or depositor of cash undertakes and guarantees the performance of Applicant’s obligations pursuant to the terms of the Permit and this Section, including but not limited to, the Applicant’s obligations imposed pursuant to the Permit and this Section and indemnifyingindemnification of the City against any loss, cost or expense, including an amount as and for reasonable attorney’s fees incurred in enforcing the obligations of Applicant pursuant to the permit.Permit or this Section. The Financial Security shall include the following: A. Land Alteration Permit Financial Security. The Council may make its approval of the issuance of a Land Alteration Permit contingent upon the Applicant posting Financial SecuritySurety for a Land Alteration Permit shall consist of 125 percent (125%) of the cost estimate of the work to be done as stated in the application for a Land Alteration Permit and agreedas approved by the City to be the cost of the work to be done under the Land Alteration Permit (“Land Alteration Permit Financial Security”).Engineer or his/her designee. B. Tree Replacement Financial Security. The Council may make its approval of the issuance of a Land Alteration Permit in whichIn addition, if trees are required to be replaced contingent on the Applicant postingpursuant to this Section an additional Financial Security shall be provided in the amount of 150 percent (150%) of the estimated cost to furnish and plant the replacement trees ("estimated cost").Replacement Trees as approved by the City Forester or his/her designee. The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of the replacement trees. The estimated cost shall be subject to approval by the City. In the event the estimated cost submitted by the Applicant to the City is not approved by the City, the City shall have the right in its sole discretion to determine the estimated cost (“Tree Replacement Financial Security”).Replacement Trees. In the event the estimated cost submitted by the Applicant to the City is not approved, the City Engineer or his/her designee shall have the right in his/her sole discretion to determine the estimated cost for purposes of the Financial Surety. Subd. 12. Action Against Financial Security. The City may act against the appropriate Financial Security in the event of a violation of the terms of the Permit, including but not limited to the following: Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 27 of 29 A. The Permittee stops performing the Land Alteration or Tree Replacement and abandons the work site for a period of thirty (30) days or more prior to completion of the Land Alteration or Tree Replacement. B. The Permittee fails to conform to the Land Alteration Permit as approved, and/or has had its Land Alteration Permit revoked. C. The techniques outlined in the Land Alteration Permit fail within one year of installation or before Final Stabilization is achieved for the Site or portion of the Site, whichever comes later. D. The City determines that action by the City is necessary to prevent excessive erosionErosion from occurring on the Site, or to prevent sedimentSediment from occurring on adjacent or nearby properties. E. The Permittee stops working on the Tree Replacement Plan for a period of thirty (30) days or more. The City shall use funds recovered frommay draw on the Financial Security to reimburse the Cityin whole or in part, for all direct and indirect costs incurred in doing the remedial work undertaken by the City, its employees, consultants and/or private contractor under contract with the Citycontractors. Subd. 13. Release of Financial Security. The Land Alteration and Tree ReplacementAny remaining Financial SecuritiesSecurity shall be released to the personPerson who deposited the Financial SecuritiesSecurity upon determination by the City that the conditions of the Land Alteration Permit and/or Tree Replacement Plan have been satisfactorily performed and no action has been taken by the City to recover all or a part of the Financial Securities before that determination has been made.. No portion of the securitiesFinancial Security shall be released while there are unsatisfied obligations of the Permittee, including the obligation to indemnify the City for any expenses incurred in enforcing the terms of the agreement provided for inPermit or this Section. When more than half of the Site’s maximum exposed soil area achieves Final Stabilization, the City canmay reduce the total required amount of the Financial Security by half, if recommended by the City Engineer or his/her designee. A portion of the Tree Replacement Financial Security shall be retained to secure the Permittee’s or Owner’s obligation to remove and replant replacement treesReplacement Trees which are not alive or aredead, unhealthy at the end of one (1) year after the date that the last replacement tree has been planted to replant or missing or unhealthy trees. Upon completion of the replanting of such trees, the entire Financial Security will be releasedas provided for in this Section. Subd. 14. References. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 28 of 29 The Minnesota Pollution Control Agency’s (MPCA’s) publications entitled “Protecting Water Quality in Urban Areas” dated 2000 located at www.pca.state.mn.us/index.php/water/water-types - and “State of -programs/stormwater/stormwater-management/stormwater-best-management- practices-manual.html and the “Minnesota Stormwater Manual” dated November 2005located at http://stormwater.pca.state.mn.us/index.php/Main_Page are hereby adopted and incorporated by reference. Copies of the publications shall be kept in the Engineering Department... Section 2. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation” and Section 11.99, entitled “Violation a Misdemeanor” are herbyhereby adopted in their entirety, by reference, as though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of January 2006 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of February 2006. Land Alteration, Tree Preservation and Stormwater Management Regulations City Code Chapter 11.55 Page 29 of 29 PROJECT PROFILE – MARCH 9, 2015 PLANNING COMMISSION – MARCH 9, 2015 1. PLANNER’S REPORT Stormwater Code Amendment CONSERVATION COMMISSION – MARCH 10, 2015 HERITAGE PRESERVATION COMMISSION – MARCH 16, 2015 PLANNING COMMISSION – MARCH 23, 2015 1. CODE AMENDMENT RELATING TO FENCE HEIGHT (CONTINUED ITEM) Public hearing to amend City Code Chapter 11, Section 1.03, Subd 3 relating to the height of fences. Contact: Julie Klima, 952-949-8489 Application Info Planning Commission City Council Date Submitted Date Complete 120 Day Deadline Initial DRC review Notice to Paper Date 03/05/15 Resident Notice Date N/A Meeting Date 03/23/15 Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date 2. CODE AMENDMENT TO ADDRESS MEDICAL CANNABIS DISPENSARY Public hearing to amend City Code Chapter 11, Sections 11.20 and 11.30, adding Subd 4 Contact: Julie Klima, 952-949-8489 Application Info Planning Commission City Council Date Submitted N/A Date Complete N/A 120 Day Deadline N/A Initial DRC review Notice to Paper Date 03/05/15 Resident Notice Date N/A Meeting Date 03/23/15 Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date 1 CITY COUNCIL PUBLIC HEARING – MARCH 31, 2015 1. WAGNER PROPERTY (2014-19) by Pemtom Land Company. (STEVE/JULIE) Proposal for a 12- lot single family development. Location: 10841 & 10861 Blossom Rd. Contact: Dan Blake, 952-937-0716 Request for: • Planned Unit Development Concept Review on 6.5 acres • Planned Unit Development District Review with waivers on 6.5 acres • Zoning District Change from R1-22 R1-13.5 on 6.5 acres • Preliminary Plat of 6.5 acres into 12 lots and right of way Application Info Planning Commission City Council Date Submitted 12/19/14 Date Inc/com Letter must be sent 01-13-15 Inc. letter sent 01-09-15 Date Complete 02-05-15 120 Day Deadline 05-13-15 Initial DRC review 01-08-15 Notice to Paper Date 02-04-15 Resident Notice Date 02-06-15 Meeting Date 02-23-15 Notice to Paper Date 03-11-15 Resident Notice Date 03-12-15 1st Meeting Date 03-31-15 2nd Meeting Date CITY COUNCIL CONSENT – MARCH 31, 2015 1. O’REILLY AUTO PARTS STORE (2014-15) by C.M. Architecture, P.A. (REGINA) Proposal for constructing an Auto Parts Store Location: 8868 Aztec Dr. Contact: Ben Ptacek (612-547-1312) Request for: • Planned Unit Development Concept Review on .83 acres • Planned Unit Development District Review with waivers on .83 acres • Zoning District Review in the C-Com Zoning District on .83 acres • Site Plan Review on .83 acres Application Info Planning Commission City Council Date Submitted 9/26/14 Date Complete 11/18/14 120 Day Deadline 04/30/15 Initial DRC review Notice to Paper Date 11/20/14 Resident Notice Date 11/21/14 Meeting Date 12/8/14 Notice to Paper Date 1/8/15 Resident Notice Date 1/8/15 1st Meeting Date 01/20/15 2nd Meeting Date 02/17/15 2 2. File#2014-20TM by Verizon (c/o – Justin Holt – Jacob,) – Contact – Justin Holt 952.831.1043 x3102 office, 773.454.9428 mobile (Approved 00-00-14) Review time? Days Request: Small Cell Site (Project Installation of smaller antennas and associated equipment on City Center Roof to improve Public Safety Communications) – Incomplete as of 10-07-14 Location: 8080 Mitchell Road, Eden Prairie, MN Application Info (2014-20TM) Planning Commission City Council Date Submitted 10-07-14 Date Complete 00-00-14 120 Day Deadline 00-00-15 Initial DRC review 00-00-14 Notice to Paper Date N/A Resident Notice Date N/A Meeting Date N/A Notice to Paper Date N/A Resident Notice Date N/A 1st Meeting Date 03-03-15 2nd Meeting Date N/A PLANNING COMMISSION – APRIL 13, 2015 2. CODE AMENDMENT STORMWATER Public hearing to amend City Code Chapter 11, Section 11.55 relating to stormwater. Contact: Leslie Stovring, 952-949-8327 Application Info Planning Commission City Council Date Submitted Date Complete 120 Day Deadline Initial DRC review Notice to Paper Date 03/05/15 Resident Notice Date N/A Meeting Date 03/23/15 Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date 3 IN BUT NOT SCHEDULED 1. CROSSROADS CENTER (2014-18) by Tim Cashin. (JULIE) Proposal for façade and landscape improvements. Location: 7731 Flying Cloud Drive Contact: Tim Cashin, 952-212-5004 Request for: • Planned Unit Development Concept Review on 2.9 acres • Planned Unit Development District Review with waivers on 2.9 acres • Zoning District Amendment within the Commercial-Regional-Services District on 2.9 acres • Site Plan Review on 2.9 acres Application Info Planning Commission City Council Date Submitted 11/21/14 Date Complete 1/14/15 120 Day Deadline 5/13/15 Initial DRC review 12/4/14 Notice to Paper Date Resident Notice Date Meeting Date Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date 2. HAMPTON INN HOTEL (2014-20) by Michael Monn Architects. (REGINA) Proposal for façade improvements and 2,800 square foot building addition. Location: 7740 Flying Cloud Drive Contact: Mike Monn, 612-247-5406 Request for: • Planned Unit Development with waivers on 3.19 acres • Zoning District Amendment on 3.19 acres • Site Plan Review on 3.19 acres Application Info Planning Commission City Council Date Submitted 12/19/14 Date Complete 120 Day Deadline Initial DRC review Notice to Paper Date Resident Notice Date Meeting Date Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date 4 3. KIRTLAND/OSTER HOME (2015-02) by Lisanne Oster. (REGINA) Proposal for combining two existing parcels into one on Riley Lake to construct one single family home. Location: 9010 Riley Lake Road Contact: Lisanne Oster, 952-432-8409 Request for: • Zoning District Review on 1.28 acres • Preliminary Plat on 1.28 acres Application Info Planning Commission City Council Date Submitted 01/09/15 Date Complete 120 Day Deadline Initial DRC review Notice to Paper Date Resident Notice Date Meeting Date Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date 4. EDEN PRAIRIE PLAZA (SALON CONCEPTS) (2015-03) by SCEPRE, LLC. (TANIA) Proposal for adding 60 additional parking spaces Location: 8040 Glen Lane Contact: Brent Van Lieu, 513-200-4261 Request for: • Planned Unit Development District Review on 3.03 acres • Zoning District Review on 3.03 acres • Site Plan Review on 3.03 acres Application Info Planning Commission City Council Date Submitted 01/16/15 Date Complete 120 Day Deadline Initial DRC review Notice to Paper Date Resident Notice Date Meeting Date Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date 5 5. HARVEY SCHMIDT (2015-04) by Harvey Schmidt (TANIA) Proposal for 2 lot subdivision Location: 15480 Sunrise Circle Contact: Harvey Schmidt, 952-937-8893 Request for: • Zoning District Review on 1.05 acres • Preliminary Plat of 1.05 acres into 2 lots Application Info Planning Commission City Council Date Submitted 02/17/15 Date Complete 120 Day Deadline Initial DRC review Notice to Paper Date Resident Notice Date Meeting Date Notice to Paper Date Resident Notice Date 1st Meeting Date 2nd Meeting Date 6. VARIANCE #2015-01 by Lariat Companies, Inc. (TANIA) Location: 8345-8353 Crystal View Road Contact: Kelly Adams 952-955-7849 Request to: • Transfer exterior wall sign to a location other than their exterior wall area. Application Info Planning Commission City Council Date Submitted 02/26/15 Date Complete 120 Day Deadline Initial DRC review Notice to Paper Date Resident Notice Date Meeting Date Notice to Paper Date n/a Resident Notice Date n/a 1st Meeting Date n/a 2nd Meeting Date n/a 7. HIGH POINT AT RILEY CREEK 2ND (2014-16) by DR. Horton. (REGINA) Proposal for constructing 10 single family homes. Location: 16540 Beverly Drive Contact: Mike Suel 952-985-7823 Request for: • Zoning District Change from Rural to R1-13.5 on 5.35 acres • Preliminary Plat into 10 lots, 3 outlots and road right of way on 5.35 acres Application Info Planning Commission City Council Date Submitted 10/10/14 Date Complete 11/18/14 120 Day Deadline 05/31/15 Initial DRC review Notice to Paper Date 12/22/14 Resident Notice Date 12/22/14 Meeting Date 1/12/15 Notice to Paper Date 2/12/15 Resident Notice Date 2/13/15 1st Meeting Date 03/03/15 2nd Meeting Date 6 APPROVED VARIANCES TELECOMMUNICATION PROJECTS 1. File#2014-18TM by Verizon (c/o – Justin Holt – Jacob,) – Contact – Justin Holt 952.831.1043 x3102 office, 773.454.9428 mobile (Approved 00-00-14) Review time? Days Request: Small Cell Site (Pilot Project Installation of smaller antennas and associated equipment on Utility poles, traffic lights etc. in right of way.) – Incomplete as of 00-00-14 Location: Right of Way – Pioneer Trail between Homeward Hills Road and Hwy #169 Application Info (2014-19TM) Planning Commission City Council Date Submitted 00-00-14 Date Complete 00-00-14 120 Day Deadline 00-00-15 Initial DRC review Complete Letter due 00-00-15 Notice to Paper Date N/A Resident Notice Date N/A Meeting Date N.A Notice to Paper Date N/A Resident Notice Date N/A 1st Meeting Date N/A 2nd Meeting Date N/A 2. File#2015-01TM by Verizon (c/o – Dave Fisher – Buell) – Contact Dave Fisher Office# 651- 225-0784, mobile# 612-366-8944 (Approved 00-00-14) Review time? Days. Complete as of 02-05-15 Location: 8916 Aztec Drive, Eden Prairie, Minnesota Request: New construction of a 80’telecommunicaiton tower. Administrative review. Property zoned C-Comm Date Submitted 01-16-15 Date Complete 02-09-15 150 Day Deadline 07-05-15 Initial DRC review 01-22-15 01-29-15 Complete Letter Due 02-09-15 Notice to Paper Date N/A Resident Notice Date N/A Meeting Date N.A Notice to Paper Date N/A Resident Notice Date N/A 1st Meeting Date N/A 2nd Meeting Date N/A 7 3. File#2015-04TM by Verizon (c/o – Steve Trueman Verizon Representative) – Steve Trueman Office# 612-859-9787 (Approved 00-00-14) Review time? Days. Incomplete as of 02-23-15 Location: 6341 Baker Road, Eden Prairie, Minnesota Request: Running of Fiber Optic Cable from street to the Verizon Equipment Building. Administrative review. Property zoned C-Comm Date Submitted 02-23-15 Date Complete 00-00-15 150 Day Deadline 00-00-15 Initial DRC review None Complete Letter Due 02-09-15 Notice to Paper Date N/A Resident Notice Date N/A Meeting Date N.A Notice to Paper Date N/A Resident Notice Date N/A 1st Meeting Date N/A 2nd Meeting Date N/A 4. File#2015-05TM by Verizon Wireless (c/o – Lynda DePoe Jacobs Telecommunication) – Contact – Lynda DePoe 206-351-4019 (Approved 00-00-14) Review time??Days Request: Antenna upgrade (Replace 12 existing antenna on the roof of the 12 story office building 7500 Flying Cloud Drive) – Complete as of 03-05-15 Location: 7500 Flying Cloud Drive, Eden Prairie, MN Application Info (2015-05TM) Planning Commission City Council Date Submitted 03-03-15 Date Complete 03-05-15 120 Day Deadline ???? Initial DRC review 03-12-15 Notice to Paper Date N/A Resident Notice Date N/A Meeting Date N.A Notice to Paper Date N/A Resident Notice Date N/A 1st Meeting Date N/A 2nd Meeting Date N/A 8