HomeMy WebLinkAboutOrdinance - 7-2015 - Amending City Code Section 11.55 - 06/25/2015 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 7-2015
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 I I 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
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 of stormwater runoff by providing site design
standards that minimize 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. Best Management Practices. Best Management Practices or BMPs (defined under
Minnesota Rules 4001.1020, subp. 5) are practices to prevent or reduce the pollution of the
waters of the state, including schedules of activities, prohibitions of practices, and other
management practices, and also includes treatment requirements, operation procedures and
practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage
from raw material storage. BMPs are effective and practicable means of controlling,
preventing, and minimizing degradation of surface water from Stormwater runoff.
C. Building Permit. A Building Permit is a Permit issued pursuant to Minn. Stat. chap. 326, the
State Building Code.
D. Caliper Inches. The length, in inches, of a straight line measured through the Tree Trunk of
a certified nursery raised tree at 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.
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 means the process by which Pollutants are removed 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 (70) 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 at multiple scales that manage wet weather
and maintains or restores natural hydrology by infiltrating, evapotranspiring, or harvesting
and using stormwater. On a regional scale, green infrastructure is the preservation or
restoration of natural landscape features, such as forests, floodplains and wetlands, coupled
with policies such as infill and redevelopment that reduce overall imperviousness in a
watershed. On a local scale, green infrastructure consists of site and neighborhood-specific
practices, such as bioretention, trees, green roofs, permeable pavements and cisterns.
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.
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. Maximum Extent Practicable. Maximum Extent Practicable or MEP means the statutory
standard (33 U.S.C. 1342(p)(3)(B)(iii)) that establishes the level of Pollutant reductions that
the Permittee must achieve. Determination of the appropriate BMPs required to satisfy the
Land Alteration Permit requirements to the MEP will be completed by the City Engineer.
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. Any person having a sufficient proprietary interest in the land for which a permit is
or may be issued under this Section.
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 Sete ., 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. 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.
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.
00. 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.E 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.
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.
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 Permit
authorizing the same.
B. Single Family Dwelling. At a minimum, a person engaging in Land Alteration in
connection with construction of a Single Family Dwelling must obtain a Building Permit
from the City. In 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 a 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.J 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.
C. General Exemptions. The following Land Alterations are exempt from the requirements for
a Permit:
1. Any Land Alteration occurring pursuant to a Land Alteration or Building Permit
which was 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. For all lots except residential lots, the cutting, removal or killing of less than 10% of
the Significant Trees on any Land within a period of five years. For residential lots,
the cutting, removal or killing of less than 10% of the Significant Trees or 1
Significant Tree, whichever is greater, 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.
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
that are constructed in a manner which does not change the existing Stormwater
Drainage. 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 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.
D. 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), the Minnesota Department of Natural
Resources (DNR) or the U.S. Army Corps of Engineers (USACE) or from complying with
the requirements and conditions of such permits. A copy of any permits related to Wetlands,
Land Alteration or Stormwater received from another federal, state or local authority must
be provided to the City Engineer prior to issuance of a Permit from the City.
Subd. 4. Tree Replacement Plan Requirements.
The issuance of a Land Alteration Permit or Building Permit 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 Trees lost or
reasonably anticipated to be lost as a result of Construction Activity or Land Alteration
immediately upon the occurrence of a loss, whether the loss occurs during Construction
Activity, Land Alteration or thereafter, by the Permittee, his agent, or 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.
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. 6.
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. 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.
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 Permit is required:
A. Concrete Truck Wash Out. Designation of an area for wash out of concrete trucks and
equipment must be provided by the Permittee. 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 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 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
impacted by the Erosion. Erosion breaches must be corrected within 48 hours of obtaining a
right-of-entry.
C. Drain inlet protection. All storm drain inlets shall be protected during Construction
Activities and Land Alteration with 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 or replacement. All driveway construction or replacement 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) completion of the structure(s) for which the driveway is
constructed; (ii) a driveway replacement project is started; or (iii) a Certificate of Occupancy
has been issued; unless otherwise approved by the City.
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 or Land Alteration, 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 in depth. 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 in depth. 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, 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 and 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.
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:IV) 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. 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, abutting property, receiving channels
or a wetland.
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. The evaluation must be provided with the Land
Development Application. Variances may not be granted by the City for the stormwater
requirements set forth in Subdivision 6.G.
A. Green Infrastructure Analysis. The use of Green Infrastructure techniques and practices
shall be the preferred BMPs for accomplishing compliance with Subd. 6.13. and Subd. 6. C.
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 shall 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
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.
E. Stormwater Discharge Volume Restrictions. The use of Infiltration shall be subject to
review and approval by the City Engineer where the use of Infiltration BMPs are restricted
due to Construction Activity occurring 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.
8. Within the Wellhead Management Zone (WMZ) of any City well.
City approval shall be conditioned upon completion of higher engineering review and
submittal of the analysis to the City Engineer in these areas that demonstrate to the
reasonable satisfaction of the City Engineer that the 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. 6.13 or 6.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. 6.13 or 6.0 of this Section. A reasonable attempt must be made
to obtain right-of-way during the project planning process.
If the City Engineer 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 City may
allow, by an approval in writing, the Permittee or Owner to provide payment to the City in
lieu of the volume reduction upon written approval by the City. The request and any
information and/or calculations required to support the estimated amount of volume
reduction and payment amount must be provided in writing to the City Engineer with the
Application for the Land Alteration Permit.
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. 6.13 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 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, or (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 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.
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 Engineer. The payment
shall include all costs, including but not limited to the cost of land purchase, analysis,
design, construction, monitoring and maintenance of the mitigation site.
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
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 to meet the
requirements of Subd. 6.13 and 6.C, the Stormwater Facilities may be required to include a
Stormwater pond which shall be based on NURP Design Criteria with a calculated water
elevation for a 100-year frequency event. Proposals to provide an alternative to the NURP
Design Criteria may be considered but must be approved in writing by the City Engineer.
The NURP pond shall be designed by a Professional Engineer licensed in Minnesota (PE).
The following NURP Design Criteria must be incorporated into the design submitted for
review.
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 3H:IV.
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
Professional Engineer licensed in Minnesota (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 and final acceptance by the City.
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
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; and/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 within 48 hours of the inspection.
F. Post Activity Inspections. All Stormwater Facilities must undergo, at a minimum, one
inspection annually for two (2) years after completion and final acceptance of the
construction. After two 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. An inspection report for each
inspection shall be filed with the City within 48 hours of the inspection. 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. All 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
or other federal, state or local agency.
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.
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 be received by the City prior to completion of the construction of the
Stormwater Facility and 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. If the City identifies violations of this Section as a result of the inspection, the City
shall notify the Permittee of the violation and a time by which the violations must be
corrected. The notice shall further advise that, should the Permittee fail to correct the
violation by the stated date, the City will cause the violation to be corrected and the expense
thereof shall be charged to the Permittee or Owner. Each violation of this Section are
deemed and declared a public health and safety hazard and a public nuisance. 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 withdrawn from the Permittee's Financial Security required by 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 assess the Land for the cost of repair
work and any penalties and the amount assessed shall be a lien on the Land and may be
certified to the County Auditor to be placed on the tax statement and collected in the same
manner as ordinary taxes by the county.
Subd. 8. Land Alteration Permit Application Requirements.
A. A person seeking a Land Alteration Permit shall make application to the City on a form
provided by the City 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 or Land Alteration, as applicable.
B. 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. Prior to issuance of the Permit, the Applicant shall obtain necessary easements or
other property interests to allow access to the Stormwater Facilities for inspection and
maintenance. A copy of the easements and/or property interests must be provided with the
Application.
C. Land Alteration / Plan Review Permit Fee. A Land Alteration / Plan Review Fee in an
amount set forth 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, 50%
of the Permit Fee shall be returned to the Applicant.
D. 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
Professional Engineer licensed in Minnesota (PE) who must verify that the design of all
Stormwater Facilities and Erosion Control Systems meet the requirements contained in this
Section. The following plans must be included with the application:
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 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.
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.
E. Stormwater Pollution Prevention Plan (SWPPP). A SWPPP shall be provided with the
application 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 S WPPP.
F. Stormwater Treatment Calculations. Stormwater treatment calculations used to
determine compliance with Subds. 6 or 8 of this Section and any federal, state or local
regulatory requirements or permits shall be provided with the application.
G. 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 application.
Subd. 9. 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.
Consistent with Minn. Stat. 15.99, 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 required federal, state and
local permit approvals.
B. 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 may 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.
C. 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.
D. Expiration. All Land Alteration Permits shall expire 24 months after issuance unless
otherwise provided on the Permit.
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 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. (i) a performance bond in a form acceptable to the City; (ii)an irrevocable
letter of credit issued by a financial institution and in a form acceptable to the City; or (iii) 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 City may make a claim against, draw on or
withdraw from the financial security as appropriate in order to complete 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 be in an amount 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.
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 make a claim against, draw on or withdraw from 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 ceases performing the Land Alteration 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 ceases working on the Tree Replacement Plan for a period of thirty (30) days
or more.
The City may make a claim against, draw on or withdraw from 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 requirements of this Chapter and 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 approved by the City Engineer.
A portion, in an amount determined by the City Engineer taking into consideration the percentage
of completion of project and the estimated cost to complete the project, 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.
Subd. 14. Adopted by Reference.
The Minnesota Pollution Control Agency's (MPCA's) publications entitled: "Protecting Water
Quality in Urban Areas" dated 2000, which is currently located at the web site address of
www.pca.state.mn.us/index.php/water/water-types-and-promo ,rams/stormwater/stormwater-
management/stormwater-best-mana ement-practices-manual.html and "Minnesota Stormwater
Manual", which is currently located at the web site address of
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
19th day of May, 2015 and finally read and adopted and ordered published at a regular meeting of
the City Council on the 161" day of June, 2015.
ATTEST:
Kat een Porta, City Clerk 4NyV-Lu s, o
PUBLISHED in the Eden Prairie News on June 25, 2015.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 7-2015
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. 7-2015. The full text is available for public
inspection by any person during regular office hours at the office of the City Clerk.
Amendments were made to Section 11.55 that include the following: Definitions were updated and
added to the section; Permit Requirements were amended; Tree Preservation Requirements - Tree
replacement plan requirements were consolidated into Subdivision 4; Stormwater Management
Standards and Design Criteria - Provisions for development plans with land disturbance of greater
than or equal to one acre in size were added including requirements for post-construction
stormwater management, green infrastructure analysis, volume discharge prohibitions, volume
discharge restrictions and stormwater treatment mitigation guidelines, and amendments that 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) permit program; Land Alteration Permit Application - New criteria were added for Land
Alteration Permit applications, including but not limited to site grading plan and stormwater
treatment calculation requirements; and Inspections, Monitoring and Maintenance - Requirements
for inspection, monitoring and maintenance of all constructed stormwater facilities both during and
after construction were revised.
Effective Date. This Ordinance shall take effect upon publication
ATTEST:
Ka Teen Porta, City Clerk a T uk s,
PUBLISHED in the Eden Prairie News on June 25, 2015.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA Affidavit of Publication
MINNE
SUMMARY OF ORDINANCE
NO.7-20 Southwest Newspapers
AN ORDINANCE OF THE
CITY OF EDEN PRAIRIE,
MINNESOTA,AMENDING CITY
CODE SECTION 11.55 RELATING State of Minnesota
TO LAND ALTERATION,
TREE PRESERVATION AND
STORMWATER MANAGEMENT S S.
REGULATIONS County of Hennepin )
The following is only a
summary of Ordinance No.7-2015.
The full text is available for public
inspection by any person during
regular office hours at the office Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
of the City Clerk. publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
Amendments were made has full knowledge of the facts herein stated as follows:
to Section 11.55 that include
the following: Definitions were (A)This newspaper has complied with the requirements constituting qualification as a legal
updated and addedm the section; newspaper,as provided b Minnesota Statute 331A.02,331A.07,and other applicable laws,as
Permit Requirements were amene . p Y pp
amended; Tree Preservation
Requirements-Tree replacement
plan requirements were (B)The printed public notice that is attached to this Affidavit and identified as No.
consolidated into Subdivision was published on the date or dates and in the newspaper stated in the attached Notice and said
4; Stormwater Management Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
Standards and Design Criteria the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
Provisions for development inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
plans with land disturbance of greater than or equal to an publication ublication of the Notice:
one acre in size were added
including requirements for abcdefghijklmnopgrstu z
post-construction stormwater _
management, green
infrastructure analysis,volume 1����s ' , ��A&j
discharge prohibitions,volume BY
discharge restrictions and Laurie A.Hartmann
stormwater treatment mitigation j
guidelines, and amendments
that bring the stormwater
management provisions into Subscribed and sworn before me on
conformance with the standards
established by theMinnesota
Pollution Control Agency for the - f
National Pollutant Discharge this day of 2015
Elimination System (NPDES)
permit program;Land Alteration
Permit Application-New criteria
were added for Land Alteration
Permit applications, including k JflMNE,JL kNN7E T E F)APK
but not limited to site grading € I Wi.` t (I�JG "rM1E�J?k
plan and stormwater treatment N a blic - ti f' A�. i 41u"S4G1� ,kES�''31!'.P,
calculation requirements; and
Inspections, Monitoring and
Maintenance - Requirements
for inspection, monitoring and
maintenance of all constructed
stormwater facilities both during
and after construction were revised. RATE INFORMATION
Effective Date. This Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Ordinance shall take effect upon publication. Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Nancy Tyra-Lukens,Mayor Rate actually charged for the above matter...............................................$12.59 per column inch
ATTEST: Kathleen Porta,City
Clerk
(Published in the Eden Prairie
News on Thursday,June 25,2015;
No.3864)