HomeMy WebLinkAbout2264-04 - ADMIN Ordinance - City Council - 2004/03/15•
ORDINANCE NO. 2264 - 04
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE AMENDING CHAPTER 12:
ENVIRONMENTAL AND PUBLIC HEALTH
TO INCLUDE ARTICLE V: STORMWATER,
SOIL EROSION, AND SEDIMENTATION
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 12 of the St. Louis Park Municipal Code, is hereby amended to add a
new Article V as follows:
ARTICLE V. STORMWATER, SOIL EROSION, AND SEDIMENTATION
Sec. 12-151 Purpose.
The purpose of this ordinance is to provide for the health, safety and general welfare of the
residents of St Louis Park by reducing and controlling stormwater, soil erosion and
sedimentation within the City. It establishes standards and specifications for conservation
practices and planning activities which enhance water quality, minimize stormwater pollution,
soil erosion, and sediment in waterways, and control the volume of water runoff to receiving
streams and other water resources.
• Sec. 12-152. Definitions
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in the section, except where the context clearly indicates a different meaning.
Authorized Enforcement Agency means employees or designees of the City or other
governing authorities designated to enforce this ordinance.
Best Management Practices (BMPs) means schedules of activities, prohibitions of practices,
general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce the discharge of
pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance
systems. BMPs also include treatment practices, operating procedures, and practices to control
site runoff, spillage or leaks, sludge or water disposal, or drainage from raw matenals storage.
City refers to the City of St Louis Park, any employees, agents, contractors or designee.
Clean Water Act refers to the Federal Water Pollution Control Act (33 U.S.0 § 1251 et seq ),
and any subsequent amendments thereto.
CWRMP means the Comprehensive Water Resources Management Plan on record in the City
offices
Discharge means any substance entering the stormwater system by any means
Discharge, Illicit means any direct or indirect non-stormwater discharge to the stormwater
system, except as exempted in Section 6.C. of this ordinance.
Ordinance No. 2264-04 -2-
Discharge, Non-Stormwater means any discharge to the stormwater system that is not
composed entirely of stormwater.
Erosion means any process that wears away the surface of the land by the action of water,
wind, ice or gravity. Erosion can be accelerated by the activities of people and nature.
Erosion Control refers to methods employed to prevent erosion. Examples include soil
stabilization practices, horizontal slope grading, temporary or permanent cover, and construction
phasing.
Erosion Control Plan means a plan detailing erosion control during construction activity as
defined in the Comprehensive Water Resources Management Plan (CWRMP), Appendix M.
Hazardous Materials means any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration; or, physical, chemical, or infectious
characteristics, may cause or significantly contribute to a substantial present or potential hazard
to human health, safety, property, or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
Illicit Connections means either
1) Any drain or conveyance, whether on the surface or subsurface, which allows an
illicit discharge to enter the stormwater system, including but not limited to any
conveyances which allow any non-stormwater discharge including wastewater,
process wastewater, and wash water to enter the stormwater system and any
connections to the stormwater system from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency or;
2) Any drain or conveyance connected from a commercial or industrial land use to
the stormwater system which has not been documented in plans, maps, or
equivalent records and approved by an authorized enforcement agency.
Industrial Activity means activities subject to NPDES Industnal Permits as defined in 40
CFR, Section 122.26 (b)(14).
Land Disturbing Activity means any activity which changes the volume or peak flow
discharge rate of rainfall runoff from the land surface, including the grading, digging, cutting,
scraping, or excavating of soil, placement of fill matenals, paving, construction, substantial
removal of vegetation or any activity which bears soil or rock, or involves the diversion or piping
of any natural or man-made watercourse.
NPDES means National Pollutant Discharge Elimination System as established pursuant to
33 USC § 1342(b) to regulate discharges of pollutants to waters of the United States
NPDES Permit means a National Pollutant Discharge Elimination System Stormwater
discharge permit issued by the Minnesota Pollution Control Agency (pursuant to 33 USC
§ 1342(b)) that regulates discharges of pollutants to waters of the United States, whether the
permit is applicable on an individual, group, or general area -wide basis.
•
Ordinance No. 2264-04 -3-
Non-Point Source Pollution means pollution from any source other than any discernable,
confined and discreet conveyances, and shall include but not be limited to pollutants from
agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
Permanent Stabilization Plan means a written plan to establish permanent vegetation to
prevent erosion of soil. This plan may be in the form of a letter. Permanent vegetation includes
sod, native grasses, trees or other acceptable forms of landscaping.
Person means any individual, association, organization, partnership, firm, corporation or
other private or public entity recognized by law and acting as either the owner or as the owner's
agent.
Pollutant means anything which causes or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-
hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other
discarded or abandoned objects, ordinances, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure; and noxious or
offensive matter of any kind.
Premises means any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
Sediment means solid matter carried by water, wastewater or other liquids.
Stormwater means any surface flow, runoff, and drainage consisting entirely of water from
any form of natural precipitation.
Stormwater Facility means anything within the stormwater system that collects, conveys or
stores stormwater, including, but not limited to any inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human -made or altered drainage channels, reservoirs,
and other drainage structures.
Stormwater Management means the use of structural or non-structural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge
rates and detrimental changes that affect water quality and habitat.
Stormwater Management Plan means a plan which describes how runoff and associated
water quality impacts resulting from the development will be controlled or managed. This plan
must indicate whether stormwater will be managed on-site or off-site and, if on-site, the general
location and type of practices. This final plan must be signed by a licensed professional engineer
(PE), who will verify that the design of all stormwater management practices meet the submittal
requirements of the Comprehensive Water Resources Management Plan (CWRMP).
Stormwater Pollution Prevention Plan (SWPPP) means a document which describes the Best
Management Practices and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant
discharges to stormwater, stormwater systems, and/or receiving waters to the maximum extent
practicable.
Ordinance No. 2264-04 -4-
Stormwater System means facilities by which stormwater is collected and/or conveyed,
including but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped
storm drains, pumping facilities, retention and detention basins, natural and human -made or
altered drainage channels, reservoirs, and other drainage structures.
Structure means anything manufactured, constructed, or erected, which is normally attached
to, or positioned on land, including portable structures, earthen structures, roads, parking lots and
paved storage areas.
Watercourse means a stream or body of water, or a natural or artificial channel for the
passage of stormwater.
Wastewater means any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Waters of the U.S. means any water in the United States per definition as specified 33 CFR
328.a.
Wetlands as defined in Minnesota Rules 7050.0130, subpart F, means areas that are
inundated or saturated by surface water or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas.
Sec. 12-153. Responsibility for Administration.
The City shall administer, implement, and enforce the provisions of this ordinance.
Sec. 12-154. Applicability.
This ordinance shall apply to all water entering the stormwater system generated on any
developed and undeveloped lands unless explicitly exempted by an authorized enforcement
agency or in this ordinance.
Sec. 12-155. Severability.
The provisions of this ordinance are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this Ordinance or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this Ordinance.
Sec. 12-156. Construction Site Stormwater Runoff and Erosion Control.
(a) Purpose. The purpose of this section is to regulate land disturbing activities, to preserve
and enhance the natural environment by reducing sedimentation in streams, lakes, stormwater
systems and other waterways, protect the quality of surface water resources, preserve and protect
wildlife habitat, restore sites to reduce the negative environmental effects of land disturbing
activities, provide effective practices for erosion and sedimentation control, and to comply with
local, state and federal regulations.
Ordinance No. 2264-04 -5-
(b) Scope. Except where an exemption applies, any person proposing a land disturbing
activity within the City shall apply to the City for the approval of erosion control plan. No land
shall be disturbed until the plan is approved by the City and conforms to the standards set forth
herein.
(c) Erosion control plan and permit required.
1. Review and approval. No person may grade, fill, excavate, store, dispose of soil
and earth materials, or perform any other land disturbing or land filling activity
without first submitting an erosion control plan for review and approval by the
City and obtaimng a permit as required in this section. The erosion control permit
is not a replacement for a City Conditional Use Permit as required in section 36-
79 of the City Ordinance, nor is it a replacement for a watershed district permit or
a state NPDES permit.
2. General exemptions. Land disturbing activities, which meet all the following
criteria, are exempt from the requirements of this section:
a. The disturbed or filled area is 5,000 square feet or less in area, and;
b. The volume of soil or earth material stored or moved is 50 cubic yards or less,
and;
c. No drainage way is blocked or has its stormwater-carrying capacities or
characteristics modified; and.
d. The activity does not take place within 100 feet by horizontal measurement
from the top of the bank of a watercourse, the ordinary high water mark of a
water body, or the ordinary high water mark of a wetland associated with a
watercourse or water body. The activity does not take place within an
established 100 -year floodplain.
3. Categorical exemptions. Notwithstanding the requirements of the City Code, the
following activities are exempt from the permit requirements:
a. Emergency activities necessary to prevent or alleviate immediate
dangers to life or property.
b. General farming, gardening and nursery activities.
c. One and two family residential construction activity limited to:
1) additions to the existing structure,
2) landscaping and landscaping structures, and
3) construction of a garage.
(d) Submission requirements for erosion control permit.
1. Application items. Application for an erosion control permit shall include
submittal of:
Ordinance No. 2264-04 -6-
a. Application form and fee.
b. Site map and grading plan.
c. Interim erosion and sediment control plan as defined in the City's
Comprehensive Water Resources Management Plan, Appendix M.
d. As defined in the Comprehensive Water Resources Management Plan,
Appendix M:
• Final erosion control plan
• Stormwater management plan or permanent stabilization plan as
required
e. Work schedule.
f. Cost estimate.
2. Fees. All applications shall be accompanied by a permit fee. Fees for permits
shall be fixed and determined by the City council, adopted by resolution and
uniformly enforced. Such permit fees may, from time to time, be amended by City
council resolution. A copy of the resolution setting forth currently effective permit
fees shall be kept on file by the City and shall be open to inspection during regular
business hours.
(e) Review Procedure.
1. Process. City staff will review each complete application for an erosion control
permit to determine its conformance with the provisions of this ordinance. Within
60 days of receiving an application, City staff shall either approve, approve with
conditions, or deny an erosion control permit application.
2. Appeal. An appeal by an applicant of a denial of a permit under this section shall
be made under the manner prescribed in section 36-31 of this Code.
3. Site Review. When a permit is granted, City staff shall inspect the property for
erosion control compliance with city code, permit conditions and site plans prior
to the onset of construction activities.
(f) Form of security. Before a permit is issued, the City may require the permittee to post
security in a form acceptable to the City equal to 125 percent of the cost estimate stated in the
application and agreed by the City to be the cost of the work to be done under the permit. The
security may take the form of cash in United States currency or an irrevocable letter of credit
issued by a financial institution and in a form acceptable to the City.
1. Release of security.
a. Any security deposited with the City to guarantee performance of the
grading and erosion control work shall be released to the person holding
the permit upon determination by the City that the conditions of the permit
have been satisfactorily performed if no action has been taken by the City
to recover all or a part of the security before that determination has been
made.
•
Ordinance No. 2264-04 -7-
b. Securities held to ensure the successful completion of the final plan and an
interim plan shall be released to the permittee either one year after
termination of the permit, or when a final plan is submitted for the
unimproved site, whichever is later, if no action has been taken by the City
to recover all or a part of the security filed by the permittee before that
date.
(g) Suspension of permit. In enforcing the permit:
1. The City may suspend the permit and issue a stop work order and the permittee
shall cease all work on the work site except for work necessary to remedy the
cause of the suspension.
2. The permittee may request a reinstatement of a suspended permit upon correction
of the causes for suspension and, if the conditions of the permit have been
complied with in full, the City shall reinstate the permit.
3. If the permittee fails or refuses to cease work as required under subsection 6.H.
[Actions against security] of this section, the City shall revoke the permit.
4. The City shall not reinstate a revoked permit but shall proceed to act against the
security as provided in subsection 6.H. [Actions against security] of this section.
(h) Action against security. The City may act against the appropriate security if any of the
following conditions exist:
1. The permittee stops performing the land disturbing activities or filling, and
abandons the work site prior to completion of the grading plan.
2. The permittee fails to conform to the interim plan or final plan as approved, and
has had its permit revoked as provided in subsection (g) Suspension of Permit of
this section.
3. The techniques utilized under the interim or final plan fail within one year of
installation or before the final plan is implemented for the site or portion of the
site, whichever comes later.
4. The City determines that action by the City is necessary to prevent excessive
erosion from occurring on the site, or to prevent sediment from occurring on
adjacent or nearby properties.
The City shall use funds recovered from the security to reimburse the City for all direct and
indirect costs incurred in doing the remedial work undertaken by the City or private contractor
under contract with the City.
CURRENTLY: (Code 1976, § 14:4-10)
Cross reference(s)—Environment and public health, ch. 12. Suggest looking at cross-
references to Zoning as well. Someone from Planning should check this. Do we still need
references to Environment & public health?
Ordinance No. 2264-04 -8-
Sec. 12-157. Illicit Discharge and Connection
(a) Objectives. The objectives are to regulate the introduction of pollutants to the
stormwater system by any user; to prohibit illicit connections and discharges to the stormwater
system; and to establish authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this ordinance.
(b) Discharge Prohibitions.
1. Prohibition of Illicit Discharges. No person shall discharge or cause to be
discharged into the stormwater system or watercourses any materials, including
but not limited to pollutants or waters containing any pollutants that cause or
contribute to a violation of applicable water quality standards, other than
stormwater.
a. The commencement, execution or continuance of discharge of pollutants
to the stormwater system is prohibited except as follows: water line
flushing or other potable water sources, landscape irrigation or lawn
watering, diverted stream flows, ground water infiltration to storm drains,
uncontaminated pumped ground water, foundation or footing drains (not
including active groundwater de -watering systems), crawl space pumps,
air conditioning condensation, springs, non-commercial washing of
vehicles, natural riparian habitat or wet -land flows, fire fighting activities,
and any other water source not containing pollutants.
b. Discharges specified in writing by the authorized enforcement agency as
being necessary to protect public health and safety are allowed.
c. Dye testing is an allowable discharge, but requires a verbal notification to
the authorized enforcement agency prior to the time of the test.
d. The prohibition shall not apply to any non-stormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to the
discharger and administered under the authonty of the Federal
Environmental Protection Agency, Minnesota Pollution Control Agency,
or other agency, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any
discharge to the stormwater system.
2. Prohibition of Illicit Connections. The construction, use, maintenance or
continued existence of such connections to the stormwater system is prohibited.
This prohibition expressly includes, without limitation, illicit connections made in
the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
A person is considered to be in violation of this ordinance if the person connects a
line conveying wastewater to the stormwater system, or allows such a connection
to continue.
•
Ordinance No. 2264-04 -9-
(c) Suspension of Stormwater System Access.
1. Suspension due to Illicit Discharges in Emergency Situations. The City may,
without prior notice, suspend stormwater system discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge which
presents or may present imminent or substantial danger to the environment, or to
the health or welfare of persons, or to the stormwater system or waters of the
United States. If the violator fails to comply with a suspension order issued in an
emergency, the authorized enforcement agency may take such steps as deemed
necessary to prevent or minimize damage to the stormwater system or waters of
the United States, or to minimize danger to persons.
2. Suspension due to the Detection of Illicit Discharge. Any person discharging to
the stormwater system in violation of this ordinance may have their stormwater
system access terminated if such termination would abate or reduce an illicit
discharge. The City will notify a violator of the proposed termination of its
stormwater system access. The violator may petition the City for a
reconsideration and hearing. A person commits an offense if the person reinstates
stormwater system access to premises terminated pursuant to this Section, without
the pnor approval of the City.
(d) Monitoring of Discharges.
1. Access to Faczhties.
a. The City shall be allowed to enter and inspect facilities and properties
subject to regulation under this ordinance as often as may be necessary to
determine compliance with this ordinance and for the purposes of
inspection, sampling, examination and copying of records that must be
kept under the conditions of an NPDES permit to discharge stormwater,
and the performance of any additional duties as defined by state and
federal law.
b. The City shall have the right to set up on any permitted facility such
devices as are necessary in the opinion of the authorized enforcement
agency to conduct monitoring and/or sampling of the facility's stormwater
discharge.
c. The City has the right to require the discharger to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition by
the discharger at its own expense.
d. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the
owner or operator at the written or oral request of the City and shall not be
replaced. The costs of clearing such access shall be borne by the owner of
operator.
Ordinance No. 2264-04 -10-
e. Unreasonable delays in allowing the City access to a permitted facility is a
violation of a stormwater discharge permit and of this ordinance. A person
who is the operator of a facility with a NPDES permit to discharge
stormwater associated with industrial activity commits an offense if the
person denies the City reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this
ordinance.
(e) Requirement To Prevent, Control, And Reduce Stormwater Pollutants By The Use
Of Best Management Practices.
(i)
1. Owner Responsibility. The owner or operator of any property shall provide, at
owner/operator's expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the municipal stormwater system or
watercourses through the use of structural and non-structural Best Management
Practices (BMPs). Further, any person responsible for a property or premise,
which is, or may be, the source of an illicit discharge, may be required to
implement, at said person's expense, additional structural and non-structural
BMPs to prevent the further discharge of pollutants to the stormwater system.
These BMPs are listed in the Stormwater Pollution Prevention Plan (SWPPP) and
the Minnesota Pollution Control Agency's current BMPs, and are necessary for
compliance with requirements of the NPDES permit and Appendix J of the City's
Comprehensive Water Resources Management Plan.
Water Course Protection.
1. Owner Responsibility. Every property owner through which a watercourse
passes, or such person's lessee, shall keep and maintain that part of the
watercourse within their property free of trash, debris, excessive vegetation, and
other obstacles that would pollute, contaminate, or significantly impact the flow
of water through the watercourse. All owners or lessees shall maintain existing
privately owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical integrity of
the watercourse.
(g) Notification of Spills.
1. Notwithstanding other requirements of law, as soon as any person responsible for
a facility, vehicle or operation, or responsible for emergency response for a
facility or operation has knowledge of any known or suspected release of
materials of any amount, which are resulting or may result in illicit discharges or
pollutants discharging into the stormwater system or water of the United States,
said person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of hazardous materials
said person shall immediately notify the City and other emergency response
agencies of the occurrence via emergency dispatch services.
In the event of a release of non -hazardous materials, said person shall notify the
City in person or by phone no later than the next business day.
•
•
•
Ordinance No. 2264-04 -11-
If the discharge of prohibited materials emanates from a commercial or industrial
establishment or vehicle, the owner or operator of such establishment or vehicle
shall also retain a written record of the discharge and the actions taken to prevent
its recurrence. Such records shall be retained for at least three years.
Sec. 12-158. Post construction stormwater runoff.
(a) Objectives. The objectives of this Section are to establish minimum stormwater
management requirements and controls to protect and safeguard the general health, safety, and
welfare of the public residing in watersheds within this jurisdiction. This section seeks to meet
that purpose through the following objectives:
1. Reduce stormwater runoff rates and volumes, soil erosion and non -point source
pollution, wherever possible, through stormwater management controls and to
ensure that these management controls are properly maintained and pose no threat
to public safety;
2. Control stormwater runoff in any development to reduce flooding, silt deposits,
stream bank erosion and maintain the integrity of stream channels;
3. Control non -point source pollution caused by stormwater runoff from
development; and
4. Control the total annual volume of surface water runoff, which flows from any
specific site following development.
(b) Applicability. The rules of applicability are as set forth in Sec. 12-156. (Construction
Site Stormwater Runoff and Erosion Control) of this ordinance, with some exceptions. A
stormwater management plan is not required for construction or redevelopment of a single or
double family home. A stormwater management plan is not required for residential construction
on less than two (2) acres with a density of two (2) units or less per acre. However, a permanent
stabilization plan is required for projects that meet these exceptions.
(c) Stormwater Management Plan.
1. Stormwater Management Plan Required for All New Developments and
Redevelopments. No application for development or redevelopment will be
approved unless it includes a stormwater management plan detailing in concept
how runoff and associated water quality impacts resulting from the development
will be controlled or managed. This plan must indicate whether stormwater will
be managed on-site or off-site and, if on-site, the general location and type of
practices.
The stormwater management plan(s) shall be referred for comment to interested
agencies, and any comments must be addressed in a final stormwater management
plan. This final plan must be signed by a licensed professional engineer (PE),
who will verify that the design of all stormwater management practices meet the
submittal requirements of the Comprehensive Water Resources Management
Plan.
Ordinance No. 2264-04 -12-
2. Maintenance of Existing Stormwater Facilities. Any stormwater facility in
existence prior to adoption of this ordinance shall be maintained by the owner of
the stormwater facility and in a manner to conform to design standards for that
facility. Any redevelopment of the stormwater facility shall require that the
facility meet current stormwater design standards as set forth in this ordinance.
The thresholds for maintenance are triggered once sediment deposition reaches a
point greater than is allowed under the design standard critena, or such deposition
begins to have a substantial effect on the water quality or holding capacity of the
pond.
3. Inspection of Stormwater Facilities. Inspection programs may be established on
a reasonable basis, including but not limited to an inspection at least once every
five years or more often if deemed necessary to ensure proper functioning of the
stormwater management facility. Inspections are the responsibility of the owner
of the stormwater facility and must be completed by a licensed professional
engineer (PE) hired for that purpose. Inspection results must be completed and
submitted to the City of St Louis Park every five years beginning five years from
the completion of development or from the date of this ordinance for a pre-
existing stormwater facility.
Inspections may include, but are not limited to: reviewing maintenance and repair
records; sampling discharges, surface water, groundwater, and material or water
in drainage control facilities; and evaluating the condition of drainage control
facilities and other stormwater treatment practices.
All new and existing stormwater management facilities must undergo, at a
minimum, an inspection every five years to document maintenance and repair
needs and ensure compliance with the requirements of this ordinance and
accomplishment of its purposes. This maintenance may include: removal of silt,
litter and other debris from all catch basins, inlets and drainage pipes; grass
cutting and vegetation removal; and necessary replacement of landscape
vegetation. Any maintenance needs found must be addressed in a timely manner,
as determined by the City of St. Louis Park. The inspection and maintenance
requirement may be increased as deemed necessary to ensure proper functioning
of the stormwater management facility.
(d) Maintenance Covenants. Maintenance of all stormwater management facilities shall be
ensured through the creation of a formal maintenance covenant that must be approved by the
City of St. Louis Park and recorded at the Hennepin County Recorders Office prior to final plan
approval. As part of the covenant, a schedule shall be developed for when and how often
maintenance will occur to ensure proper function of the stormwater management facility. The
covenant shall also include plans for periodic inspections to ensure proper performance of the
facility between scheduled cleanouts.
The owner/operator shall show in the maintenance covenant how it will utilize Best Management
Practices (BMPs) to prevent discharge of pollutants into the stormwater system. These BMPs are
listed in the City's Stormwater Pollution Prevention Plan (SWPPP) and the current Minnesota
Ordinance No. 2264-04 -13-
Pollution Control Agency BMP standards, and are necessary for compliance with requirements
of the NPDES permit and Appendix J of the City's Comprehensive Water Resources
Management Plan. The threshold for maintenance is triggered once sediment deposition reaches
a point greater than is allowed under the design standard criteria, or such deposition begins to
have a substantial effect on the water quality or holding capacity of the pond.
(e) Right -of -Entry for Inspection. When any new drainage control facility is installed on
private property, or when any new connection is made between private property and a public
stormwater system, the property owner shall grant to the City of St. Louis Park the right to enter
the property at reasonable times and in a reasonable manner for the purpose of inspection. This
includes the right to enter a property when the City has a reasonable basis to believe that a
violation of this ordinance is occurring or has occurred, and to enter when necessary for
abatement of a public nuisance or correction of a violation of this ordinance.
(1) Records of Installation and Maintenance Activities. Parties responsible for the
operation and maintenance of a stormwater management facility shall make records of the
installation and of all maintenance and repairs, and shall retain the records for at least ten years.
These records shall be made available to the City during inspection of the facility and at other
reasonable times upon request.
Reference Appendix "T" of the Comprehensive Surface Water Management Plan, entitled
Stormwater Management Guidelines for New Development or Redevelopment within the City of
St. Louis Park.
Sec. 12-159. Wetland Protection.
All land disturbing activities, which impact or may impact a wetland, must be in conformance
with the City's Wetland Management Plan, which is Appendix "B" of the City's Comprehensive
Surface Water Management Plan, as adopted by Council Resolution.
Sec. 12-160. Enforcement.
(a) Violation. Any action, failure to act or land use practice that would impair water quality
if allowed to continue, shall constitute a public nuisance and be treated as a misdemeanor under
this Code.
(b) Notice of Violation. Whenever the City finds that a person has violated any section of
this Code or failed to meet a requirement of this Ordinance, the City shall order compliance by
wntten Notice of Violation to the responsible person. Such notice may require:
1. Monitoring, analyses and reporting;
2. Elimination of illicit discharges or connections;
3. Abatement of pollution and hazards;
4. Restoration of affected property;
5. Remediation of issue;
6. Payment of a fine to cover administrative and remediation costs;
7. ' Implementation of source control or treatment BMPs; and
8. Other actions as deemed necessary by the City.
Ordinance No. 2264-04 -14-
If abatement of a violation and/or restoration of affected property is required, the notice shall set
forth a deadline within which such remediation or restoration must be completed. The notice
shall further advise that, should the violator fail to remediate or restore within the established
deadline, the work will be done by the City or other local governmental unit or a contractor and
the expense thereof shall be charged to the violator.
(c) Failure to maintain practices. If a responsible party fails or refuses to meet the
requirements of the maintenance covenant, the City of St. Louis Park, after reasonable notice,
may correct a violation of the design standards or maintenance needs by performing all necessary
work to place the facility in proper working condition. In the event that the stormwater
management facility becomes a danger to public safety or public health, the City of St. Louis
Park shall notify the party responsible for maintenance of the stormwater management facility in
writing. Upon receipt of that notice, the responsible person shall have 30 days to effect
maintenance and repair of the facility in an approved manner. After proper notice, the City of St.
Louis Park may assess the owner(s) of the facility for the cost of repair work and any penalties;
and the cost of the work shall be a lien on the property, or prorated against the beneficial users of
the property, and may be placed on the tax bill and collected as ordinary taxes by the county.
Sec. 12-161. Appeal of Notice of Violation.
Any person receiving a Notice of Violation may appeal the determination of the City. The notice
of appeal must be received within 5 days from the date of the Notice of Violation. Hearing on the
appeal before the appropriate authority or designee shall take place within 30 days from the date
of receipt of the notice of appeal. The decision of the City or the local government unit or
designee shall be final.
Sec. 12-162. Enforcement Measures After Appeal.
If the violation has not been corrected pursuant to the requirements set forth in the Notice of
Violation, or, in the event of an appeal, within 5 days of the decision of the City or local
government unit upholding the decision of the authorized enforcement agency, then
representatives of the authorized enforcement agency shall enter upon the subject private
property and are authorized to take any and all measures necessary to abate the violation and/or
restore the property. It shall be unlawful for any person, owner, agent or person in possession of
any premises to refuse to allow the government agency or designated contractor to enter upon the
premises for the purposes set forth above.
Sec. 12-163. Cost of Abatement of the Violation.
Within 30 days after abatement of the violation, the owner of the property will be notified of the
cost of abatement, including administrative costs. The property owner must file any objection to
the amount of the assessment in writing with the City within 30 days. If the amount due is not
paid within a timely manner as determined by the decision of the City or by the expiration of the
time in which to file an appeal, the costs shall become a special assessment against the property
and shall constitute a lien on the property for the amount of the assessment. Any person
violating any of the provisions of this article shall become liable to the City by reason of such
violation.
Ordinance No. 2264-04 -15-
Sec. 12-164. Injunctive Relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Ordinance. If a person has violated or continues to violate the provisions of
this Ordinance, the authorized enforcement agency may petition for a preliminary or permanent
injunction restraining the person from activities which would create further violations or
compelling the person to perform abatement or remediation of the violation.
Sec. 12-165. Compensatory Action.
In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the
authorized enforcement agency may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and similar
programs.
Sec. 12-166. Violations Deemed A Public Nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist m violation of any of the provisions of this Ordinance is a threat to public
health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise
compel the cessation of such nuisance may be taken.
Sec. 12-167. Criminal Prosecution.
Any person that has violated or continues to violate this ordinance shall be liable to criminal
prosecution to the fullest extent of the law.
The authorized enforcement agency may recover all attorney's fees court costs and other
expenses associated with enforcement of this ordinance, including sampling and monitoring
expenses.
Sec. 12-168. Remedies Not Exclusive.
The remedies listed in this ordinance are not exclusive of any other remedies available under any
applicable federal, state or local law and it is within the discretion of the authorized enforcement
agenc o seek cumulative remedies.
1
Retie - . for ,. inistration:
ON 2. This ordinance shall take effect fifteen days after its publication.
City
Attest:
Adoptedlby the City/Council March 15, 2004
(C -(1A
ayot
/App ved as to Form and Executio :
Ci orne
ty Clerk A
y
J
STATE OF MINNESOTA)
SS
newspapers
AFFIDAVIT OF PUBLICATION
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief
Financial Officer of the newspaper known as Sun Sailor and has
full knowledge of the facts stated below
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn Stat §331A 02, §331A 07, and other applicable
laws, as amended
(B) The printed public notice that is attached was published in the newspaper once each week,
for one
March
successive weeks, it was first published on Thursday, the 25 day of
, 2004, and was thereafter printed and published on every Thursday to and
including Thursday, the day of , 2004, and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the
size and kind of type used in the composition and pub .n of t - notice
abcdefghijklmno
Subscribed and sworn o or affirmed bef
is O( day ofcJJLLX_� 20
t
CFO
re me
4
Nota , Public
a
MERIDEL M I-IEDBLOM
NOTARY PUBLI MINNESOTA
MY COMMISSIOh EXPIRES 1.31.2005
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
$ 2 85 per line
$ 6 20 per line
$ 1 40 per line
City of St. Louis Park
(Official Publication)
ORDINANCE NO. 2264-04
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF AN ORDINANCE AMENDING THE
ST. LOUIS PARK
ORDINANCE CODE AMENDING CHAPTER 12.
ENVIRONMENTAL AND PUBLIC HEALTH
TO INCLUDE ARTICLE V: STORMWATER,
SOIL EROSION, AND SEDIMENTATION
NOTICE IS HEREBY GIVEN that, on March 15,
2004, Ordinance No 2264-04 was adopted by the City
Council of the City of St Louis Park, Minnesota
NOTICE IS FURTHER GIVEN that, because of the
lengthy nature of Ordinance No 2264-04, the City Coun-
cil has directed that a title and summary be prepared for
publication
NOTICE IS FURTHER GIVEN that the ordinance
adopted by the City Council modifies existing city regula-
tions reducing and controllmg stormwater, soil erosion and
sedimentation within the City The ordinance conforms
the City's official controls to current state and federal re-
quirements, including those specified by the National Pol-
lutant Discharge Elimination System (NPDES) and cre-
ates a permit system integrated into existing city develop-
ment and permit process to address erosion and stormwa-
ter control measures It requires construction site
stormwater runoff and erosion control at development and
redevelopment sites, prohibits illicit discharges and con-
nections to the City stormwater system, regulates post -
construction runoff measures, requires wetland protection
measures, and provides enforcement and appeal proce-
dures
A printed copy of the whole ordinance is available for
inspection by any person during the City's regular office
hours
APPROVED for publication by the City Council of the
City of St Louis Park this 15th day of March, 2004
This ordinance shall take effect 15 days after pubhcation
(March 25, 2004)A3/ord 2264-04
II
I