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HomeMy WebLinkAboutOrdinance - 2-2006 - Amending City Code Section 11.55 Relating to Clean Site, Land Alterations, Tree Preservation and Stormwater Management Regulations - 02/07/2006 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 11.55 RELATING TO CLEAN SITE, LAND ALTERATION, TREE PRESERVATION, AND STORMWATER MANAGEMENT REGULATIONS AND ADOPTING BY REFERENCE THE MINNESOTA POLLUTION CONTROL AGENCY'S PUBLICATION DATED 2000, ENTITLED "PROTECTING WATER QUALITY IN URBAN AREAS," CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11 — Section 11.55 entitled "Mining Operation, Land Alteration, and Environmental Preservation Regulations" is amended as follows: 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, often 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 I 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. The Council seeks to promote, preserve and enhance the natural resources within the City and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating Land Alteration activities that would have an adverse and potentially irreversible impact on water quality and unique ni conflicts and encouraging and environmentally sensitive land while minimizing g g compatibility between Land Alteration activities and water quality and environmentally sensitive lands. 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. 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. This includes, but is not limited to, practices such as minimizing the length of time soil is exposed and construction-phasing. C. Caliper Inches. The len length, in ' f a straight line measured through the Tree Trunk pg inches, o g g 12 inches above the ground. D. Canopy of a Tree. The horizontal extension of a tree's branches in all directions from the Tree Trunk. E. Certified Contractor. An individual who has received training and is licensed by the State of Minnesota to inspect and maintain erosion control practices. F. Control Measure. The practice or combination of practices to control erosion and sedimentation and attendant pollution. G. 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. H. Discharge. The conveyance, channeling, runoff, or drainage of stormwater or any substance which enters a Stormwater Facility. I. Drip Line of a Tree. An imaginary vertical line which extends from the outermost branches of a tree's canopy to the ground. J. 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. K. Erosion. Any process that wears away the surface of the land by the action of water, wind, ice or gravity. L. Erosion Control Systems. Methods, measures or systems employed to prevent soil erosion. M. 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 is not considered stabilization. O. 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. P. Land Alteration Permit. A permit to allow Land Alteration. Q. 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. R. NPDES. National Pollutant Discharge Elimination System (NPDES) as established pursuant to 33 USC § 1342 (b) to regulate discharges of Pollutants to waters of the United States. S. 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. T. Permit. A Land Alteration Permit or a Building Permit. U. Permittee. The holder of a Permit pursuant to this Section. V. 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 Seg., or the Clean Air Act, 42 U.S.C. §7401 et SN.; (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. W. 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 infiltration or evaporation, including but not limited to wet or NURP ponds. X. Root Zone of a Tree. The area under a tree which is at and within the Drip Line of a tree's canopy. 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). Z. 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. AA. Sedimentation. The process or action of depositing sediment caused by erosion. BB. 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. CC. Site. The area of Land within which Land Alteration occurs or is to occur. DD. 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. EE. Stormwater Facility. Anything constructed to collect, convey, or store stormwater, including but not limited to, inlets, piped storm drains, pumping facilities, Retention and Detention Basins, drainage channels, reservoirs, and other drainage structures. FF. 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. GG. Stormwater Pollution Prevention Plan (SWPPP). A plan described in Subdivision 6.H. A SWPPP also refers to that SWPPP required by the MPCA under the NPDES Permit program (Minnesota Statutes Chapters 115 and 116, as amended). HH. Tree Trunk. The stem portion of a tree from the ground to the first branch thereof. II. Vegetated or Grassed 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. Subd. 3. Scope and Effect. 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 the construction of a Single Family Dwelling must obtain a Building Permit from the City. No Land Alteration Permit is required. The Permittee who conducts Land Alterations pursuant to the Building Permit shall be required to comply with Subds. 2, 5, and 8 of this Section and 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 Subds. 4 and 6.J hereof. Failure to comply with Subds. 2, 5, 8 and Subds. 4. and 6.J if applicable, will subject the Permittee to the provisions of Subd. 9. The application for the Building Permit shall include a Certificate of Survey in such form and content, including Erosion Control Measures, approved 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 Permit approved by the City Council prior to February 7, 2006. 2. A lot for which a Building Permit has been approved by the City prior to February 7, 2006. 3. 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. 5. Cutting, removal or killing of less than 10% of the Significant Trees on any Land within a period of five years. 6. Any destruction or disruption of vegetation covering an area equal to or less than 10% of any Land. 7. 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. 8. Home gardens or an individual's home landscaping, repairs and maintenance work. 9. Retaining walls less than four (4) feet in height and ten (10) feet in length are constructed. This would include a single or tiered retaining wall system. 10. Existing agricultural, horticultural or silvicultural operations. 11. Opening and closing graves. 12. 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. 13. Excavations for tunnels, wells, utilities or other public work projects which are undertaken by the City. 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. 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 Replacement Requirements. The Permittee shall replace significant live trees lost or reasonably anticipated to be lost as a result of building, construction or Land Alteration immediately or in the future, by the Permittee, his agent, 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") 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 11 of this Section. B. 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. (2) Outlots or common areas. (3) Buffer zones between different land uses and/or activities. (4) Project entrance areas. (5) Any other part of the land except any thereof dedicated or conveyed to the City, unless the City consents thereto. C. 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 or removed and shall include those species 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 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 p1gra 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 vir ink iana Robusta poplar Populus x Robusta Siouxland Cottonwood Populus deltoides x Siouxland White Oak Quercus alba Swamp White Oak uercus bicolor Pin Oak Quercus alustris DECIDUOUS TREES 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 IBOTANICAL NAME Balsam Fir Abies balsamea White Fir Abies concolor European Larch Larix decidua Black Hills Spruce Picea lauca'Densata' Austrian pine Pinus gigra Ponderosa Pine Pinus ponderosa Norway Pine Pinus resmosa Scotch Pine Pinus s lvestr s White Pine Pinus strobus Colorado Spruce Picea up ngens D. Time to Perform. Replacement trees shall be planted not less than 18 months from the date of issuance of the permit. E. 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 such date. Planting shall occur no later than the first fall or spring following such year. F. 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 th e 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. G. 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 of the following general requirements regardless of whether a Land Alteration Permit is required: A. Concrete Truck Wash Out. The Permittee must designate a location for wash out of concrete trucks and equipment. 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 water from the washing activities to a Stormwater Facility or water resource. B. Corrections. If erosion breaches the perimeter of the Site, the Permittee shall immediately correct, clean up and/or restore the Site. The Permittee shall obtain a right- of-entry from the adjoining property owner(s) and implement clean up and restoration on adjoining properties affected by the erosion breaches 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 Control Measures are in place. D. Driveway construction. All driveways to be constructed shall be installed in accordance with City Code Chapter 11 surface requirements within 120 days after construction of the structure(s), in connection with which the driveway is constructed, has been completed or 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 either subsections a and 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. (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 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 constructed in accordance with design specifications approved by the City. Sediment shall be removed 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 and sediment control structures must be returned to the configuration specified or approved by the City. F. Erosion Control Maintenance. All Erosion Control Systems shall be designed to minimize the need for maintenance, to provide access for maintenance purposes and be maintained in a functional condition until Final Stabilization of the construction site and all Land Alteration, including completion of turf and/or structural surfaces used to control soil erosion, are 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, the Permittee shall complete Final Stabilization of the site. Ground cover shall be established within sixty (60) days of a Certificate of Occupancy issued from April 1 to August 31 or by the following June 1 for a Certificate of Occupancy issued between September 1 to March 31. I. Hours of Operation. No operations 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 and 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 to one or greater as required in this Section, unless a steeper slope shall be 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 temporary construction fencing 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 bales or silt fence barriers around the pile. 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, 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 the workday or within the time frame stipulated in the Permit or as ordered by the City Engineer, Manager of Building Inspections or their delegate. Should eroded soils enter, or entrance appears imminent, into wetland or other water bodies, clean up and repair shall be immediate. The Permittee shall provide all traffic control and flagging required to protect the traveling public 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. 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 inimical 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. 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)]. 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 which shall include the following: A. Address / Name. The name, address and telephone number of the Applicant, and the owner of the land subject to 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 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 i inspection and maintenance. e ests to allow access to the Stormwater Facilities for p 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 resolution must be paid at the time of submitting an Application to the City. In the event the Application for a Land Alteration Permit is denied, the Land Alteration Permit Fee shall be returned to the Applicant. E. Site construction and/or site grading plans. Plans 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 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 100 feet of land abutting the Site that is sufficient to show on- and off-site drainage. 2. A topographic map of the Site showing the 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 Alteration. 4. The location and size of existing and proposed building pads. 5. Locations and dimensions of all temporary or interim soil or dirt stockpiles. 6. 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 after construction, including types, time frames and schedules. 9. A restoration plan for areas disturbed by the Land Alteration. F. Proposed Use. A statement relating to the current and 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 Stormwater Permit for Construction Activity for the Site if required by the Minnesota Pollution Control Agency must be provided with the SWPPP. The following Stormwater management practices must be evaluated while developing the SWPPP: I. 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. Runoff Management Plan (RMP). A copy of the RMP, if required, submitted to the Lower Minnesota River Watershed District(LMRWD). J. Tree Inventory. A tree inventory certified by a registered land surveyor, landscape architect or forester depicting: 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 will be 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. 7. 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 either approve or deny issuance of a Permit or recommend that the application be forwarded to the City Council for review and approval. 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 or property. 2. Whether, and the extent to which, the Land Alteration may cause any 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 contemplated. 4. Whether the Land Alteration or proposed use is likely to cause substantial environmental damage. 5. Whether the Land Alteration or proposed use will be detrimental to the health, safety or general welfare of the public. 6. Whether adequate plans have been made for restoring and/or stabilizing the Site upon completion of the Land Alteration. 7. Whether there is a substantial likelihood that the Applicant will be able to comply with the rules and regulations of this and other applicable Sections of the City Code. 8. 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 completed. 9. 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 either approve or deny the request or recommend that the request be forwarded to the City Council for review and approval. The City may require additional reports and data from the Permittee in reviewing the request. Subd. 8. Inspections, Monitoring and Maintenance. Inspections of the Site to determine compliance with the requirements outlined in this Section are the responsibility of the Permittee and/or Owner of the Site. 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. A. Right of Entry and Access to Materials. The City shall be entitled to enter and inspect the Site 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 required by state or federal law. B. Obstructions to Access. Any temporary or permanent obstruction to safe and easy access to a Site subject to be inspected shall be promptly removed by the Applicant at the request of the City and shall not be replaced. C. Monitoring of Stormwater Discharge. The City shall have the right to set up on any Site subject to a Permit NPDES Permit or SWPPP such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the Stormwater. 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: 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 may 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. E. Post Activity Inspections. Unless the Owner of a Property receives an exemption from the City Engineer for a minor Stormwater Facility all Stormwater Facilities must undergo, at a minimum, one inspection every five (5) years after completion of the construction to document maintenance and repair needs and ensure compliance with the requirements of this Section and accomplishment of its purposes. 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 in favor of the .Cit J Y F. Post Activity Stormwater Facility Maintenance. Owners of a Property which includes a Stormwater Facility must maintain the Stormwater Facility to ensure proper functioning of the Stormwater Facility over time. Maintenance shall include: 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 in favor of the City. G. Stormwater Facility Easement. When any new Stormwater Facility is installed on private property, or when any new connection is made between private property and a public Stormwater system, the property owner shall grant to the City an easement in recordable form granting the City the right to maintain, reconstruct, repair and inspect the Stormwater Facility. The easement shall include the right to enter onto the Site to gain Y g access to the Stormwater Facility. Subd. 9. Failure to Maintain Practices If a Permittee fails or refuses to meet any of the requirements of this Section, the City, after reasonable notice, may correct a violation 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 done by the City with its forces, or a contractor and the expense thereof shall be charged to the Permittee. Building inspections may be withheld until the violation is abated or corrected. 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 for the project, then the City may thereafter if authorized by law assess the owner(s) of the facility or project site for the cost of repair work and any penalties and the cost of the work shall be a lien on the property and may be placed on the tax bill and collected as ordinary taxes by the county. Subd. 10. Suspension or Revocation of Permit. The City may suspend or revoke the Permit as follows: A. Suspension. If the City determines that the permit was issued in error or on the basis of incorrect information; is 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 Section, the City may suspend the permit 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. B. Revocation. If the Permittee refuses or fails to cease work after the suspension, 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 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, including but not limited to, the Applicant's obligations imposed pursuant to this Section and indemnifying 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. 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 Security of 125 percent (125%) of the cost estimate stated in the application for a Land Alteration Permit and agreed by the City to be the cost of the work to be done under the Land Alteration Permit("Land Alteration Permit Financial Security"). B. Tree Replacement Financial Security. The Council may make its approval of the issuance of a Land Alteration Permit in which trees are required to be replaced contingent on the Applicant posting additional Financial Security of 150 percent (150%) of the estimated cost to furnish and plant the replacement trees ("estimated cost"). 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"). 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 or Tree Replacement and abandons the work site for a period of thirty (30) days 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 erosion from occurring on the Site, or to prevent sediment from occurring on adjacent or nearby properties. The City shall use funds recovered from the Financial Security to reimburse the City for all direct and indirect costs incurred in doing the remedial work undertaken by the City and/or private contractor under contract with the City. Subd. 13. Release of Financial Security. The Land Alteration and Tree Replacement Financial Securities shall be released to the person who deposited the Financial Securities upon determination by the City that the conditions of the Land Alteration Permit and 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 securities shall be released while there are unsatisfied obligations of the Permittee to indemnify the City for any expenses incurred in enforcing the terms of the agreement provided for in this Section. When more than half of the Site's maximum exposed soil area achieves Final Stabilization, the City can 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 obligation to remove and replant replacement trees which are not alive or are unhealthy at the end of one (1) year after the date that the last replacement tree has been planted to replant missing or unhealthy trees. Upon completion of the replanting of such trees, the entire Financial Security will be released. Subd. 14. References. The Minnesota Pollution Control Agency's (MPCA's) publications entitled "Protecting Water Quality in Urban Areas" dated 2000 and "State of Minnesota Stormwater Manual" dated November 2005 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 f Entire City Code including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are herby 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. l K leen Porta, City Clerk NaVcy a-L ens, - _ r PUBLISHED in the Eden Prairie Sun Current on , 2006. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2-2006 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. The following is only a summary of Ordinance No. 2-2006. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. General Provisions. General Land Alteration Permit Requirements were added to provide basic standards for erosion control and stormwater management and hours of operation for construction for all land alteration activities. Mining Provisions. The provisions related to mining were deleted and incorporated into the land alteration permit requirements. Stormwater Management Provisions. Expanded provisions for maintaining a clean site during construction were added, including but not limited to driveway construction timelines, concrete truck wash outs, waste collection and disposal and tracking and spilling. The ordinance changes bring the stormwater management provisions into conformance with the standards established by the Minnesota Pollution Control Agency for the National Pollutant Discharge Elimination System (NPDES)program. Land Alteration Permit Application. New standards were added for Land Alteration Permit applications, including but not limited to permit application review and approval standards and financial security requirements. Inspections, Monitoring and Maintenance. Requirements were established for inspection, monitoring and maintenance of all constructed stormwater facilities both during and after construction. Effective Date. This Ordinance shall take effect upon publication ATTEST: Kat een Porta, City Clerk Ndncy -Lu ns, Mayo PUBLISHED in the Eden Prairie Sun Current on City of Eden Prairie (Official Publication) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.2-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CITY CODE newspapers RELATING LAND AL ERAATION,TREE PRIESE�RVA- 1.65 TION AND STORMWAER MANAGEMENT REGULA- AFFIDAVIT OF PUBLICATION TIONS. The following is only a summary of Ordinance No.2-2006. The full text is available for public inspection by any per- STATE OF MINNESOTA) son during regular office hours at the office of the City Clerk. SS. General Provisions. General Land Alteration Permit Re- quirements were added to provide basic standards for erosion control and stormwater management and hours COUNTY OF HENNEPIN) of operation for construction for ail land alteration activi- ties. Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- Mininq Provisions.The provisions related to mining were deleted and Incorporated Into the land alteration permit nancial Officer of the newspaper known as Eden Prairie Sun-Current requirements. Stormwater Management Provisions. Expanded rovi- and has full knowledge of the facts stated below: sions for maintaining a clean site during construction were added,including but not limited to driveway construction (A)The newspaper has complied with all of the requirements constituting timelines, ndtracking concrete kingtruc wean outs,waste collection and p q g qualification as a disposal and tracking and spilling. The ordinance changes bring the stormwater management provisions qualified newspaper,as provided by Minn.Stat.§331 A.02,§331 A.07,and other applic- Into conformata nce with the standards Agency forstttabNatO bbyithe Pol- lutantMinn Discharge Elimination System(NPDES)program. able laws,as amended. Land Alteration Permit Application. New standards were added for Land Alteration Permit applications,including (B)The printed public notice that is attached was published in the newspaper once each but not limited to permit application review and approval standards and financial security requirements. week,for one successive week(s);it was first published on Thursday,the 16 day 1�pections.Monitoring and Maintenance. Requirements were established for inspection,monitoring and mainte- of February ,2006,and was thereafter printed and published on every Thursday aandtt of��constructed stormwater facilities both during to and including Thursday,the day of ,2006;and printed below is Effective Date.This Ordinance shall take effect upon pub- lication a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- Nancy Myra-Lukans,Mayor Attest: Kathleen Ports,City Clerk edged as being the size and kind of type used in the composition and publication of the 16 2r0o06 in the Eden Prairie Sun Current on February notice: (Feb.16,2006)d4/2-2006 Summary abcdefghij klmnopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 23 day of March f 006. Raw Notary ublic MARY ANN CARLSON NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES I-M-W RATE INFORMATION (1)Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2)Maximum rate allowed by law $ 6.20 per line (3)Rate actually charged $ 1.30 per line