Mound City Code ; ; 375.00
SECTION 375 – GRADING, SOIL EROSION, SEDIMENTATION CONTROL
AND STORMWATER MANAGEMENT
375.10 Grading, Soil Erosion, and Sedimentation Control.
Subd. 1. Purpose. The City requires the preparation and implementation of erosion control plans for land disturbing activities, in order to limit erosion from wind and water; reduce flow volumes and velocities of stormwater moving off-site; reduce sedimentation into water bodies; and protect soil stability during and after site disturbance. These measures should reflect the following principles:
A. Minimize, in area and duration, exposed soil and unstable soil conditions.
B. Minimize disturbance of natural soil cover and vegetation.
C. Protect receiving water bodies, wetlands and storm sewer inlets.
D. Retain sediments from disturbed properties on site.
E. Minimize off-site sediment transport on trucks and equipment.
F. Minimize work in and adjacent to water bodies and wetlands.
G. Maintain stable slopes.
H. Avoid steep slopes and the need for high cuts and fills.
I. Minimize disturbance to the surrounding soils, root systems and trunks of trees adjacent to site activity that are intended to be left standing.
J. Minimize the compaction of site soils.
Subd. 2. Permit Requirement. Unless specifically excepted by this section, land-disturbing activity shall require a permit incorporating an erosion control plan approved by the City and shall be conducted in accordance with that plan.
Subd. 3. Exceptions. The following land-disturbing activity shall not be subject to the requirements of this section:
A. Activity that: (1) disturbs an area of less than 5,000 square feet; and (2) involves the grading, excavating, filling, or storing on site of less than 50 cubic yards of soil or earth material.
B. Routine agricultural activity.
C. Emergency activity immediately necessary to protect life or prevent substantial physical harm to person or property.
D. Activity otherwise subject to this section, where the City has entered into a written agreement with the municipality where the activity takes place providing that the City will not exercise erosion control permitting authority within the City under the circumstances in question.
Subd. 4. Grading and Erosion Control Plan
A. A satisfactory erosion control and grading plan consistent with the City of Mound Surface Water Management Plan (Appendix J and other sections as applicable) and the Minnesota Pollution control Agency’s Best Management practices handbook, "protecting Water Quality in urban areas," as amended, must be approved by the City Engineer before a building permit is issued for construction, if the construction will result in disturbing the soil. To guarantee compliance with the plan, a five hundred dollar cash escrow or letter of credit, satisfactory to the City, shall be furnished the City before a building permit is issued. The maximum escrow required of an individual builder or subdivider, regardless of the number of building permits that have been issued to the builder or subdivider, is five thousand dollars ($5,000.00). The City may use the escrow or draw upon the letter of credit to reimburse the City for any labor or material costs it incurs in securing compliance with the plan or in implementing the plan. If the City draws on the escrow funds, no additional building permits shall be issued until the pre-draw escrow balance has been restored. The City shall endeavor to give notice to the owner or developer before proceeding, but such notice shall not be required in an emergency as determined by the City.
B. For subdivisions, the grading and erosion control plan must be consistent with the approved grading plan for the plat. Areas where the finished slope will be
steeper than three (3) units horizontal to one (1) vertical shall be specifically noted. Also, location of erosion control devices shall be clearly labeled.
C. Every effort shall be made to minimize disturbance of existing ground cover. No grading or filling shall be permitted within forty (40) feet of the ordinary high water mark of a water body unless specifically approved by the City. To minimize the erosion potential of exposed areas, restoration of ground cover shall be provided within five (5) days after completion of the grading operation. All grading must be completd in a manner to avoid a public nuisance as defined in City Code Chapter 1000.15A (Public Nuisance Affecting Peace and Safety). Construction and grading that has become a public nuisance is subject to abatement as contained in City Code Chapter 1000.25 (Abatement). (ORD. 12-2005, 8/7/05)
D. Every effort shall be made during the building permit application process to determine the full extent of erosion control required. However, the City Engineer may require additional controls to correct specific site related problems as normal inspections are performed.
E. All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading. Noncompliance with the grading and erosion control plan shall constitute grounds for an order from the City Engineer to halt all construction.
F. All contraction activity that results in disturbance of the ground shall comply with the Minnesota Pollution control Agency’s Best Management Practices handbook, "Protecting Water Quality in Urban Areas," as amended.
375.20 Requirement for Stormwater Management.
Subd. 1. Purpose.
A. Require stormwater facilities to be included in land development projects where practicable and effective.
B. Manage stormwater and snowmelt runoff on a regional or subwatershed basis throughout the City to:
1. Promote effective water quality treatment, where feasible, prior to discharge to surface waterbodies and wetlands;
2. Limit developed peak rates of runoff into major surface water bodies to less than or equal to existing peak rates; and
3. Promote infiltration of both precipitation and runoff.
Subd. 2. Applicability of Stormwater Management Permit Requirements.
As provided herein, before creating any impervious surface or changing the contours of a parcel of land in a way that affects the direction, peak rate or water quality of storm flows from the parcel, a developer of land for residential, commercial, industrial, institutional, or public roadway, sidewalk or trail uses shall submit a stormwater management plan and secure a permit. The plan shall incorporate provisions of the City of Mound Surface Water Management Plan and the Best Management Practices (BMP’s) as found in the Minnesota Pollution Control Agency’s Best Management Practices handbook, "Protecting Water Quality in Urban Areas," as amended, rate control and water quality control, as applicable. The applicability of the stormwater management requirements set forth in this section to a given development or redevelopment is set forth in paragraphs A through E.
A. Single Family Homes. A permit is not required for the construction or reconstruction of a single-family home or its residential appurtenances.
B. Single-Family, Developed or Redeveloped Subdivision. A permit is not required from the City for construction on less than two (2) acres with a density of two (2) units or less per acre. A permit is required for residential development or redevelopment of subdivisions with a density of two (2) units or less per acre on sites of two (2) acres or more, as follows:
1. For development or redevelopment of subdivisions of two (2) acres or more but less than eight (8) acres, the best management practices provisions set forth in Subd. 3 of this section are required.
2. For development or redevelopment of subdivisions of eight (8) acres or more but less than twenty (20) acres, the best management praactices provisions set forth in Subd. 3 and the water quantity control provisions set forth in Subd. 4 of this section are required.
3. For development or redevelopment of subdivisions of twenty (20) acres or more, the best management practices provisions set forth in Subd. 3, the water quantity control provisions set forth in Subd. 4, and the water quality provisions set forth in Subd. 4 of this section are required.
C. Medium Density Residential Land Development. A permit is not required for the development or redevelopment on a site of less than two (2) acres of residential subdivisions with single-family units at a density of more than two (2) units per acre or a multi-unit residential development or redevelopment, at a density of less than eight (8) units per acre. A permit is required for development or redevelopment on a site of two (2) acres or more of residential subdivisions with a density of more than two (2) units per acre or multi-unit residential development or redevelopment at a density of less then eight (8) units per acre, as follows:
1. For development or redevelopment of two (2) acres or more but less than five (5) acres, the best management practices provisions set forth in Subd. 3 of this section are required.
2. For development or redevelopment of five (5) acres or more but less than eight (8) acres, the best management practices provisions set forth in Subd. 3 and the water quantity control provisions set forth in Subd. 4 of this section are required.
3. For development or redevelopment of eight (8) acres or more, the best management practices provisions set forth in Subd. 3 , the water quantity control provisions set forth in subd. 4, and the water quality provisions set forth in Subd. 4 of this section are required.
D. Commercial, Industrial, or Institutional Development or Redevelopment; Mixed use; High Density Residential Development or Redevelopment. A permit is required for commercial, industrial, institutional or mixed use development or redevelopment, or for multi-unit residential development or redevelopment at a density greater than or equal to eight (8) units per acre, as follows:
1. For all development or redevelopment, the best management practices provisions set forth in Subd. 3 of this section are required.
2. For development or redevelopment activities on sites of one-half (1/2) acre or more but less than eight (8) acres, the best management practices provisions set forth in Subd. 3 and the water quantity control provisions set forth in Subd. 4 of this section are required.
3. For development or redevelopment activities on sites of eight (8) acres or more, the best management practices provisions set forth in Subd. 3, the water quantity control provisions set forth in Subd. 4, and the water quality provisions set forth in Subd. 4 of this section are required.
E. Roads, Streets, Highways, Sidewalks and Trails. A permit is not required for the maintenance or improvement of a public or private road, street, highway, sidewalk, trail or other linear way not otherwise regulated under paragraphs (a) through (d), if the project does not result in a net increase in impervious surface. A permit is required for a public or private road, street, highway, sidewalk, trail or other linear way that results in a net increase in impervious surface area, as follows:
1. For projects that result in a net increase in impervious surface of less than one (1) acre, the best management practices in Subd. 3 of this Section will be required;
2. For projects that result in a net increase in impervious surface of one (1) acre or more, but the total project area is less than five (5) acres, the best management practices provisions set forth in Subd. 3 and the water quantity control provisions set forth in Subd. 4 are required to treat the increase;
3. For projects that result in a net increase in impervious surface of one (1) acre or more and the total project area is five (5) acres or more, the best management practices provisions set forth in Subd. 3, the water quantity control provisions set forth in Subd. 4, and the water quality provisions set forth in Subd. 4 of this Section are required to treat the increase;
4. Sidewalks and trails that do not exceed ten (10) feet in width and are bordered by a pervious buffer of at least five feet on each side do not require a permit and are not included in any calculation of net increase in impervious surface when part of a road or street project. The interruption of pervious buffer by streets, driveways or other impervious surfaces crossing a sidewalk or trail does not invalidate this exception provided that these impervious surfaces do not exceed 25 percent of the area of the required pervious buffer.
F. Surety. A performance bond or other surety in a form satisfactory to the City is required for all activity, including clearing, grading, and excavation, that results in the disturbance of five (5) or more acres of land.
G. Common Scheme of Development. In determining stormwater management requirements under this section, development or redevelopment on adjacent sites under common or related ownership shall be considered in the aggregate. The requirements applicable to a development or redevelopment under this section shall be determined with respect to all development that has occurred on the site, or on adjacent sites under common or related ownership, since the date this Section took effect.
H. Additional Development or Redevelopment on Developed Sites. When the impervious area on a site is increased by 50 percent or more, the requirements imposed by this Section will be determined with respect to the site in a pre-development condition. When the impervious area on a site is increased by less than 50 percent, the requirements imposed by this Section will be determined with respect to only the additional impervious surface and site alteration proposed.
Subd. 3. Best Management Practice Requirements. BMPs consist of site design, structural and non-structural practices. BMPs must be incorporated in all projects requiring a permit under this section to limit creation of impervious surface, maintain or enhance on-site infiltration and peak flow control and limit pollutant generation on and discharge from the site. BMP's must be consistent with specifications of the MPCA manual "Protecting Water Quality in Urban Areas (revised July 1991) and its future revisions. The City, in its discretion, may allow a BMP not addressed in the MPCA manual on a demonstration of its effectiveness or if its application will generate new and useful data or information regarding its effectiveness. All applications for which compliance only with BMP’s is required shall delineate buildings and structures showing that door and window openings are a minimum of two feet above the 100 year high water elevation.
Subd. 4. Stormwater Management and Erosion Control Plan Standards Stormwater management plans shall incorporate provisions of the City of Mound Surface Water Management Plan (Appendix J and other sections as applicable) and the Minnesota Pollution Control Agency’s Best Management Practices handbook, "Protecting Water Quality in Urban Areas," as amended.
(ORD 07-2002, 7/7/02)