HomeMy WebLinkAbout2022-467 Ordinance AmendmentCity of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2022-467
Motion By: Nichols
Seconded By: Bottema
October 13, 2022
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 54 IN TITLE V (PUBLIC
WORKS) OF THE CORCORAN CITY CODE RELATED TO LAND DISTURBANCE
AND EROSION AND SEDIMENT CONTROL REGULATIONS (CITY FILE 22-035)
THE CITY OF CORCORAN ORDAINS:
SECTION 1. Amendment of the City Code. The text of Chapter 54.05 of the Corcoran City
Code is hereby amended by adding the underlined material as follows.
54.05: DEFINITIONS
Corcoran Engineering and D
summarizes stormwater review
esi�n Guide. The Corcoran Engineering and Design Guide
and a
�roval processes, outlines
roi ect submittal requirements
and provides guidance for the permanent stormwater management system design criteria. The
Guide also outlines the standards and requirements that must be met for compliance with this
Chapter of the Ci
Code of Ordinances and for a
royal.
Fully Reconstructed. Areas where impervious surfaces have been removed down to the
underlying soils. Activities such as structure renovation, mill and overlay proiects. and other
pavement rehabilitation
rojects that do not expose the underling soils beneath the structure,
pavement, or activity are not considered fully reconstructed. Maintenance activities such as catch
basin repair/replacement, utility repair/replacement, pi
e estrlan ramp improvements are no
e repair/replacement, liahtin
t considered fully reconstructed.
and
Linear Proiect. Construction of new or fully reconstructed roads, trails, sidewalks, or rail lines
that are not
art of a common plan of development or sale. For example, roads being constructed
concurrently with a new residential development are not considered linear prof ects because the)
are part of a common plan of development or sale.
SECTION 2. Amendment of the CityCode. The text of Subd. 1. and Subd. 2. of Chapter
54.06 of the Corcoran City Code is hereby amended by removing the �e material and
adding the underlined material as follows.
54.06: SCOPE AND EFFECT
Subd. 1. Applicability. Every person, prior to commencing any land disturbing activities, shall
apply for and secure a Land Disturbance Ppermit from the City. Land �� �*„r�.�r,-.o Disturbance
Permits shall fall under two main categories: over one acre and under one acre. Where
the area to be disturbed is greater than or equal to one acre or part of a larger common plan or
development greater than or equal to one acre, a Storm Water Pollution Prevention Plan
(SWPPP) must be submitted to the Issuing Authority. No land disturbance permit, grading
permit, building permit, subdivision approval, or other permit to allow land disturbing activities
shall be issued until approval of the SWPPP or a waiver of the approval requirement has been
Pagel of 8
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2022-467
obtained in strict conformance with the provisions of this Chapter.
October 13, 2022
All Land Disturbing Activity, including without limitation such activity which disturbs less than
one acre of land, must meet the requirements of this Chapter. The provisions of Subd. 2. below
apply to all land, public, or private.
Subd. 2. Exemptions. The permitting provisions of this Chapter do not apply to
(a) Any part of a subdivision if a plat for the subdivision has been annroved by the City
Council on or before the effective
(b) A lot for which a building permit
this Chapter;
date of this Chapter;
has been approved on or before the effective date of
(c) Emergency work to protect life, limb, or property, provided that erosion control
measures, including any necessary remedial action, are implemented as soon as possible;
(d) Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural (forestry)
crops, or other agricultural production operations, including private gardens;
(e) An excavation below finished grade and backfilling for basements and footings of a
building, retaining wall, or other structure authorized by a valid building permit;
(� Cemetery graves;
(g) A separate grading permit may not b
e required in cases where a grading and drainage
plan for a private development has been approved as part of a subdivision or other land
use approval;
(h) Construction and installation or abandonment of individual subsurface sewage treatment
s. stems (septic), including tanks, piping, and drain fields, authorized by a valid
ermit:
(i) Any land disturbing or land filling activities relating to general yard maintenance or
landscaping, unless the volume of soil or earth stored or moved exceeds 50 cubic vards
or has the potential to impact drainage; or
(j) Mining, quarrying, excavating, processing,
alternative City regulatory process.
stockpiling operations subject to an
SECTION 3. Amendment of the Cit Code. The text of Subd. 4 of Chapter 54.07 of the
Corcoran City Code is hereby amended by removing the material and adding the
underlined material as follows:
54.07: LAND DISTURBANCE PERMIT SUBMITTAL PROCEDURES
Subd. 4. Site Map and Plan. A site map and plan must be submitted with the application which
shall meet all erosion. sediment_ and waste control standards established b
the MPCA's
NPDES/SDS Construction Stormwater General Permit MNR100001 and include the following
(no application will be reviewed until all necessary information has been submitted)
(a) Project Information:
(1) A project description, including the nature and purpose of the Land
Disturbing Activity and the amount of grading, utilities, and building
(Z)
(3)
(4)
construction involved.
A project narrative describing the timin
prevention and sediment control BMPs.
Site location and property address.
Property owner's name, address, and tel
Page 2 of 8
g for installation of all erosion
ephone number.
City of Corcoran October 13, 2022
County of Hennepin
State of Minnesota
ORDINANCE NO. 2022-467
(5) The name, address, and telephone number of the Applicant.
(6) Names, addresses, telephone numbers, and responsibilities of all contractors,
subcontractors, and other persons who will engage in the Land Disturbing
Activities.
(7) Name, address, and telephone number of a single individual responsible
for overseeing implementation of the erosion control plan on site.
(8) Number of acres to be disturbed, number of acres of impervious surface
for pre- and post -construction.
(9) Phasing of construction, including time frames and schedules.
(10) Date SWPPP was prepared and name of preparer.
(b) Existing Site Map. A map of existing site conditions showing the site and immediately
adjacent areas, including
(1) Location of the tract by an insert map at a scale sufficient to clearly identify
the location of the property and giving such information as the names and
numbers of adjoining roads, railroads, utilities, subdivisions, towns, and
districts or other landmarks.
(2) Existing topography with a contour interval appropriate to the topography of
the land, but in no case having a contour interval greater than two feet.
(3) A delineation of all receiving waterbodies, including streams, rivers, public
waters, and wetlands located on, immediately adjacent or to which the site
discharge to. Including any designations for special or impaired waters. The
classification given to a water body or wetland shall be consistent with the
State Department of Natural Resources, the State Pollution Control Agency,
and/or the United States Army Corps of Engineers.
(1) Location and dimensions of existing stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site delineating in which
direction and at what rate stormwater is conveyed from the site, identifying
the receiving stream, river, public water, or wetland, and setting forth those
areas of the unaltered site where stormwater collects.
(5) A description of the soils of the site, including a map indicating soil types of
areas to be disturbed as well as a soil report containing information on the
suitability of the soils for the type of development proposed and for the type
of sewage disposal proposed and describing any remedial steps to betaken by
the Applicant to render the soils suitable.
(6) Existing vegetative cover and clearly
delineating any vegetation proposed for
(7) Locations of existing buffer strips.
(8) One -hundred -year floodplain, flood fringes, and floodways.
(c) Site Construction Plan. A site construction plan including
(1) Schedule of anticipated starting and completion date of each Land Disturbing
Activity, including the timing of installation of construction site erosion and
sediment control measures.
(2) Locations and dimensions of all proposed land disturbing activities.
(3) Locations and dimensions of all temporary stockpiles.
(4) Description of all BMPs for the site and the sequence and schedule of when
City of Corcoran
County of Hennepin
State of Minnesota
(5)
October 73, 2022
ORDINANCE NO. 2022-4OI
BMPs will be implemented.
Location and type of all temporary and permanent erosion prevention and
sediment control BMPs.
Estimated quantities for all erosion prevention and sediment control BMPs.
Standard details and/or specifications for all BMPs.
Identify temporary sediment basins, if more than ten acres are disturbed and
drain to a single point of discharge.
Calculations used for the design of temporary sediment basins.
Dewatering practices.
Procedures used to establish additional temporary BMPs as necessary for the
site conditions during construction
.
Any vehicular access locations for the site.
Locations of areas to be phased to minimize
duration of exposed soils.
Final stabilization plan for each phase.
Methods used for permanent cover of all expose
Areas not to be disturbed on site.
Identification of required buffer zone areas.
soi
l areas.
A description of construction and waste materials to be stored on -site, and a
description of controls and storage practices to minimize exposure of the
materials to stormwater.
(19) A description of spill prevention controls.
(d) Plan of Final Site Conditions. A plan of final site conditions on the same scale as the
existing site map showing the site changes including
(1) Finished grading shown at contours at the same interval as provide above or
as required to clearly indicate the relationship or proposed changes to existing
topography and remaining features.
(2) A landscape plan, drawn to an appropriate scale, including dimensions and
distances and the location, type, size, and description of all proposed
landscape materials which will be added to the site as part of the development.
(3) A drainage plan of the developed site delineating in which direction and at
what rate stormwater will be conveyed from the site and setting forth the areas
of the site where stormwater will be allowed to collect.
(4) The proposed size, alignments, and intended use of any structures to be
erected on the site.
(5) A clear delineation and tabulation of all areas which shall be paved or
surfaced, including a description of the surfacing material to be used.
(6) Any other information pertinent to the project which, in the opinion of the
Applicant, is necessary for the review of the project.
(e) Post-Constratction Stormwater Management Plan.
(fl MPCA Construction Permit.
activity is responsible for obtaining_ a MPCA Construction Stormwater Permit for
discharging
The A
licant of construction
stor
mwater from construction activity (MNR100001).
(g) Other• Permits. The A
licant of construction activity is responsible for obtaining an
City of Corcoran
County of Hennepin
State of Minnesota
October 7 3, 2022
ORDINANCE NO. 2022-467
other required permits from the Issuing Authority and other State, Federal, or local
governmental agencies having any authority over the work to be performed. Typically,
such aencies may include, but are not limited to, the U.S.Army Corps of engi
gneers, the
MPCA, the Minnesota Department of Transportation, and the State Historical
Preservation Office.
SECTION 4. Amendment of the City Code. The text of Chapter 54.10 of the Corcoran City
Code is hereby amended by removing the t material and inserting the underlined
material as follows.
54.10:
STORMWATER MANAGEMENT
Subd. 1. Submittal of Site Plans Consistin
POST -CONSTRUCTION
of Post -Construction Plans.
(a) Site plans must be submitted for review and confirmation that Ordinance requirements
have been met
rot to start of construction actvty
iii.
(b) Site plans must consist of the following;
(1) All calculations for the permanent stormwater treatment system;
(Z)
The water quality volume that will be treated through volume reduction
practices;
Rationale and documentation supportin 4 the location of any off -site
permanent stormwater treatment projects;
If applicable, the amount paid to the City in lieu of off -site treatment under
Subd. 2.f.4.; and
All legal mechanisms related to Subd. I (Long -Term Maintenance).
Subd. 2. Post -Construction Stormwater Management BMPs. Post -Construction Stormwater
Management BMPs must meet the following criteria:
(a) Designed with accepted en ineerin
Engineerin4 and Design Guide.
(b) Treat the water
surface and the full
ual'
ractices and in
accordance__ with the Corcoran
ity volume on any_ project where the sum of the new impervious
reconstructed_ im�eryious surface equals one or more acres.
(c) For non -linear projects, water quality volume (calculated as an instantaneous volume
must be calculated as 1.1-inch times the sum of the new_and the fully reconstructed
impervious surface.
(d) For linear projects, water c�uality volume (calculated as an instantaneous volume) must
be calculated as the lamer of 1.1-inch times the new impervious surface or 0.55-inch
times the sum of the new and the fully reconstructed impervious surface. Where the
entire water quality volume cannot be treated within the existing right -of --way, a
reasonable attempt to obtain additional right -of --way, easement, or other permission to
treat the stormwater during the project planning_ process must be made. Volume
reduction practices must be considered first, as described in Subd. 2.e. Volume
reduction practices are not required if the practices cannot be provided cost effectively.
If additional right -of --way, easements, or other permission cannot be obtained, the
owner/operator of construction activity must maximize the treatment of the water
quality volume prior to discharge from the City's MS4.
(e) Volume reduction practices (e.g., infiltration) to retain the water quali
volume on -site
must be considered first when designing the permanent stormwater treatment cvctPm
g
Page 5 of 8
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2022-467
October 7 Jy 2022
Wet sedimentation basins and filtration systems are not considered volume reduction
practices. If infiltration is prohibited, as described in the Infiltration System section of
the Corcoran i n ineerin 4 and Design Guide, other volume reduction practices, a wet
sedimentation basin, or a filtration basin may be considered.
0 Off Site Treatment.
(1) For non -linear proiects, where the water quality volume cannot cost
effective)
volume must be addressed through off -site treatment
and meet the followingrequirements (must be selected in the following order
of preference):
(A) Locations that yield benefits to the same receiving water that receives
runoff from the original construction activi�.
(B) Locations within the same DNR catchment areas as the original
construction activity.
(C) Locations in the next adjacent DNR catchment area up -stream.
(D)Locations anywhere within the Citv's jurisdiction.
(2) Off -site treatment projects must involve the creation of new structural
stormwater BMPs or the retrofit of existing structural stormwater BMPs, or
the use of a properly designed regional structural stormwater BMP. Routine
maintenance of structural stormwater BMPs owned or oberated by the Citv
(4)
remainin
be treated on the site of the original construction activity, the
water q uali
cannot be used to meet this requirement.
Off -site treatment projects must be completed no later th
the start of the original construction activity.
The a
licant ma
rovide payment to the Ci
an 24 months after
in lieu of off -site treatment.
Subd. 3. Long -Term Maintenance.
(a) The Permit Holder must enter into a long-term maintenance agreement with the City
that documents all responsibilities for long-term operation and maintenance of
stormwater treatment practices that are llOt owned or operated by the City. At a
minimum, the long-term maintenance agreement must include provisions that satisfy
the following:
(1) Allow the City to conduct inspections of structural stormwater BMPs not
owned or operated b
(Z)
(3)
erform necess
costs for those structural storrrlwater BMPs when the City determines the
owner of that structural stormwater BMP has not ensured proper function.
Preserve the City's right to ensure maintenance responsibility, for structural
stormwater BMPs not owned or operated by the City, when those
responsibilities are legally transferred to another party; and
Protect/preserve structural stormwater BMPs. If structural stormwater BMPs
change, causing decreased effectiveness, new, repaired, or improved
structural stormwater BMPs must be implemented to provide equivalent
treatment to the original BMP.
SECTION 4. Amendment of the City Code. The numbering for subsequent sections and
headings of Chapter 54 already existing within the Corcoran City Code is hereby amended
by removing the material and inserting the underlined material as follows:
�4.� 54.11: INSPECTIONS AND MAINTENANCE
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2022-467
4 54.12: COMPLETION OF WORK
54.13: ENFORCEMENT PROCEDURES
--W:13 54.14: RELEASE OF SECURITY
�4 54.15: PENALTY
�4-:-I-5-54.16: SEVERABILITY
SECTION 5. Amendment of the Cit
within the Corcoran City Code and as
by adding the underlined material as
October 73, 2022
;ode. The text of Chapter 54.12 (Completion of Work)
amended by this Ordinance is hereby further amended
ollows:
Work will be considered complete when all exposed soil areas have undergone final stabilization
and have permanent cover as defined in Section 54.05 of this Chapter, is constructed to finish
grade, is in conformance with all permit conditions of approval to the satisfaction of the City
including post -construction stormwater management and has passed a final inspection. The
WIN,
Holder or representative shall notify the Issuing Authority when the land disturbing
operations are ready for final inspection. Final approval shall not be given until all work,
including installation of all drainage facilities and other protective devises, and all erosion
control measures, has been completed and final stabilization has occurred in accordance with this
Chapter.
SECTION 6. Amendment of the Cit
Code. The Title V: Public Works table of contents for
Chapter 54 within the Corcoran City Code is hereby amended by removing the material
and adding the underlined material as follows:
CHAPTER 54: LAND DISTBURNACE AND EROSION AND SEDIMENT CONTROL... 54-3
54.01: INTENT............................................................................................................... 54-3
54.02: STATUTORY AUTHORIZATION.................................................................... 54-3
54.03: FINDINGS........................................................................................................... 54-3
54.04: PURPOSE............................................................................................................ 54-3
54.05: DEFINITIONS..................................................................................................... 54-3
54.06: SCOPE AND EFFECT........................................................................................ 54-6
54.07: LAND DISTURBANCE PERMIT SUBMITTAL PROCEDURES .................. 0 54-7
54.08: PLAN REVIEW PROCESS.............................................................................. 54-10
54.09: MINIMUM CONSTRUCTION SITE BEST MANAGEMENT PRACTICES 54-
1()1
54.10: 2TTI A 4 n MTLT.T n IT�� POST —CONSTRUCTION
STORMWATER MANAGEMENT. 60690000009090*06000 oo**e0000000*000000000000*90000000**00000900054-12
54:11: r OMPT UTTnIsT nF 117C)P IC INSPECTIONS AND MAINTENANCE.......... 54424
54.12:
54.13
54.14:
54.15:
�R� COMPLETION OF WORK ................... 54-1 �5
ENFORCEMENT PROCEDURES .................... 54-146
p�1�T A T Tv RELEASE OF SECURITY.......................................................... 54468
��ZT�� n RTT T'Tv PENALTY.......................................................................... 54468
54.16: SEVERABILITY............................................................................................... 544 8
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2022-467
7. EffE
October 13, 2022
This Ordinance shall be in full force and effect as of 12:01AM November 30, 2022.
ADOPTED by the City Council on the 13th day of October 20220
VOTING AYE
® McKee, Tom
® Bottema, Jon
® Nichols, Jeremy
® Schultz, Alan
® Vehrenkamp, Dean
ATTEST:
Michell Friedrich —City Clerk
VOTING NAY
❑ McKee, Tom
❑ Bottema, Jon
❑ Nichols, Jeremy
❑ Schultz, Alan
❑ Vehrenkamp, Dean
Tom McK6e -Mayor
City Seal