02-13-2024
Environmental Quality and Energy
Commission
February 13, 2024
7:00 PM
Fridley Civic Campus, 7071 University Ave N.E.
Agenda
Call to Order
Approval of Agenda
Approval of Meeting Minutes
1.Approve the Minutes from the Environmental Quality and Energy Commission meeting of
December 12, 2023
New Business
2.Chapter 512 Erosion Control and Stormwater Management Recodification
3.2024 Sustainability Tour
Old Business
4.Title 5 Updates
5.Energy Action Plan Updates
6.Outreach and Events Updates
7.Grant Updates
Other Items
8.Informal Status Reports
Adjournment
Upon request, accommodation will be provided to allow individuals with disabilities to participate in
any City of Fridley services, programs, or activities. Hearing impaired persons who need an interpreter
or other persons who require auxiliary aids should contact the City at (763) 572-3450.
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AGENDA REPORT
Meeting Date:February 13, 2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Approve the Minutes from the Environmental Quality and Energy Commission meeting of December
12, 2023
Background
Approve the minutes from the Environmental Quality and Energy Commission meeting of December12,
2023.
Recommendation
Approve the minutes from the Environmental Quality and Energy Commission meeting of December
12, 2023.
Attachments and Other Resources
Environmental Quality and Energy Commission Minutes-December 12, 2023
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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ENVIRONMENTAL QUALITY & ENERGY
COMMISSION MEETING
December12,2023
7:00 PM
Fridley Civic Campus, 7071 University Ave N.E.
MINUTES
Call to Order
Chair Klemzcalled the Environmental Quality and Energy Commissionto order at7:07 p.m.
Roll Call
Present:Aaron Klemz
Heidi Ferris
Nick Olberding
Justin Foell
Sam Stoxen
Amy Dritz
Absent:Mark Hansen
Others Present: Rachel Workin, Environmental Planner
Approval of Agenda
Motionby CommissionerOlberding to approvethe meeting agenda. Secondedby CommissionerDritz.
The motion carriedunanimously.
Approval of Meeting Minutes
1.Approval of November14, 2023 Environmental Quality and Energy Commission Meeting
Minutes
Motionby CommissionerFerristo approvethe November14, 2023meeting minutes. Secondedby
CommissionerFoell.The motion carriedunanimously.
New Business
2.Pilot Voluntary Boulevard Planting Program
Ms. Workin shared that the City was interested in piloting a voluntary boulevard tree planting program
that any resident could opt into. She shared that the City would pilot the program with 25 trees. In the
event that more than 25 trees were requested, commissioners recommended prioritizing trees that
were in areas that had both low canopy coverage and were mapped as environmental justice areas by
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Environmental Quality & Energy Commission Minutes Page 2
Meeting 11/14/2023
the MPCA. Commissioner Ferris recommended considering fruiting trees and reaching areas with low
canopy coverage by phrasing outreach as an invitation and an opportunity to build community.
Old Business
3.!Energy Action Plan updates
Ms. Workin shared an update on adding solar to the Moore Lake Park Community Building.
4.!Outreach and Event updates
Ms. Workin shared that she planned to attend Winterfest to talk about recycling.
5.!Grant Updates
Ms. Workin shared that the Moore Lake Biochar and Iron Enhanced Sand Filter is constructed but
operations had not started due to supply chain issues delaying the delivery of the control panel for the
pump/getting power to the site. She said that it should be operational this spring.
Other Items
6.!Informal Status Reports
Ms. Workin shared items she planned to bring to the EQEC in 2024 and asked for commissioner
feedback on work activities and speakers. Ideas suggested including looking at rule changes to include
training requirement for salt applicators and deconstruction. Suggested speakers included someone
who could speak to the history of the river as well as representatives from the Fridley High School or
Middle School Grean Team. Ms. Workin said she would contact the schools and asked for assistance
identifying speakers on the topic of the river. Commissioners also discussed assembling a 2024 self-
guided sustainability tour. It was recommended that the commission discuss locations at a future
meeting.
Adjournment
Motion by Commissioner Dritz to adjourn the meeting. Seconded by Commissioner Olberding. The
Motion carried unanimously. The meeting was adjourned at 7:53 p.m.
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AGENDA REPORT
Meeting Date:December12, 2023 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Chapter 512 Erosion Control and Stormwater Management
Background
In 2021, the Fridley City Council initiated a full recodification effort of the City Code. Staff are currently
reviewingchapters within the proposedTitle 5 Lands and Building section including Chapter 512
Erosion Control and Stormwater Management.This chapter regulates land disturbing activities,
protects the quality of stormwater runoff, and provides the framework for the CityÔs land alteration
(grading) permit and enforcement of the illicit discharge program. This Chapter was created by
repealing and combining the existing Chapters 208 Erosion Control and224Illicit Discharge. The
proposed changes clarify the trigger for a grading permit and the standards that must be followed
during/post-construction. As part of the revisions, technical information was updated to reflect
modern best practices and placed in a separate policy document for easier review by permit
applicants. More detailed information regarding wetland impacts was included to facilitate the future
repeal of the Wetland Overlay District chapter. Additionally, language was added to the code
requiring a maintenance agreement for new stormwater infrastructure completed for large projects
and to provide the City the ability to remediate infrastructure not being maintained to the standards
of this agreement.
Additionally, staff have developed an Engineering Standards document to include the technical
information related to the CityÔs erosion control and stormwater management program. This includes
required erosion control, water quality, wetlandmanagement and inspection standards that permit
applicants must comply with.
Recommendation
Commissioners recommend Chapter 512 Erosion Control and Stormwater Management for approval
to the City Council.
Attachments and Other Resources
Chapter 512 Erosion Control and Stormwater Management
City of Fridley Engineering Standards
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Fridley City Code
Chapter 512. Erosion Control and Stormwater Management
512.01 Purpose
The purpose of this Chapter is to control or eliminate stormwater pollution along with soil erosion
and sedimentation within the City of Fridley (City) as required by federal and state law. This
Chapter establishes standards and specifications for conservation practices and planning
activities, which minimize stormwater pollution, soil erosion and sedimentation.
512.02 General Provisions
1.!Severability. If any section, clause, provision, or portion of this Chapter is judged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter
will not be affected.
2.!Abrogation and Greater Restrictions. It is not intended by this Chapter to repeal, abrogate
or impair any existing easements, covenants or deed restrictions. However, where this Chapter
imposes greater restrictions, the provisions of this Chapter will prevail. All other Chapters
inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only.
!
4/!Minimum Standards. The standards set forth herein and promulgated pursuant to this
Chapter are minimum standards. This Chapter does not intend or imply that compliance by
any person will ensure that there will be no contamination, pollution, or unauthorized
discharge of pollutants.!
!
4.!Responsibility. The City will administer, implement, and enforce the provisions of this
Chapter. Any powers granted or duties imposed on the City may be delegated in writing by
the City Manager to persons or entities acting in the beneficial interest of or in the employ of
the City.
512.03 Scope
All land alteration or drainage alteration must meet the requirements of this Chapter and the
Public Works General Specifications and Standards.
512.04 Definitions
Applicant: Any person, firm, sole proprietorship, partnership, corporation, company, state agency
or political subdivision that applies for a permit from the City proposing or performing a land
alteration or drainage alteration. Applicant also means agents, employees, contractors and others
and their agents,
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Best Management Practices (BMPs): Erosion and sediment control and water quality management
practices that are the most effective and practicable means of controlling, preventing and
minimizing the degradation of surface water, including construction-phasing, minimizing the
length of time soil areas are exposed, prohibitions and other management practices published by
state or designated area-wide planning agencies.
Drainage alteration: An increase in stormwater flows or a change in existing flow route at a
property boundary by changing land contours, diverting or obstructing surface or channel flow,
or creating a basin outlet.
Erosion: 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.
Fully reconstructed: Areas where impervious surfaces have been removed down to the underlying
soils. Activities such as structure renovation, mill and overlay projects, and other pavement
rehabilitation projects that do not expose the underlying soils beneath the structure, pavement,
or activity are not considered fully reconstructed. Maintenance activities such as catch basin
repair/replacement, utility repair/replacement, pipe repair/replacement, lighting, and pedestrian
ramp improvements are not considered fully reconstructed.
General permit: A permit issued under Minnesota Rules 7001.0210 to a category of
owners/operators whose operations, emissions, activities, discharges, or facilities are the same or
substantially similar.
Hazardous substances: 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 connection:
1. Any drain or conveyance, whether on the surface or subsurface, that allows an illicit
discharge to enter the storm drainage system including but not limited to sewage, processed
wastewater, wash water and any connections to the storm drainage 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
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2. Any drain or conveyance connected from a commercial or industrial land use to the storm
drainage system that has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
Illicit discharge: Any direct or indirect non-stormwater discharge to the storm drainage system,
except as exempted by this Chapter.
Impervious Surface: A constructed hard surface that either prevents or retards the entry of water
into the soil and causes water to run off the surface in greater quantities and at an increased rate
of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways,
parking lots, storage areas, and concrete, asphalt, or gravel roads.
Industrial activity: Activities subject to NPDES Industrial Stormwater Permits as defined in 40 CFR,
Section 122.26 (b)(14) titled Storm water discharge associated with industrial activity.
Land Disturbance Activity: Any land change that may result in soil erosion from water or wind and
the movement of sediments into or upon waters or lands within the City, including construction,
clearing and grubbing, grading, excavating, transporting, and filling of land. Also referred to as
Linear project: Construction of new or fully reconstructed roads, trails, sidewalks, or rail lines that
are not part of a common plan of development or sale. For example, roads being constructed
concurrently with a new residential development are not considered linear projects because they
are part of a common plan of development or sale.
Municipal separate storm sewer system (MS4): The system of conveyances, including sidewalks,
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains owned and operated by the City and designed or used for collecting or
conveying stormwater that is not used for collecting or conveying sewage.
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit: A permit
issued by Minnesota Pollution Control Agency (MPCA) that authorizes the discharge of pollutants
to Waters of the State, whether the permit is applicable on an individual, group, or general area-
wide basis.
Non-stormwater discharge: Any discharge to the storm drainage system that is not composed
entirely of stormwater.
Permit: Written permission granted by the City for construction, subdivision approval, or land
disturbing activities.
Sediment: The product of an erosion process, including solid materials, both mineral and organic,
that are in suspension, are being transported, or have been moved by water, wind, or ice, and
have come to rest on the earth's surface either above or below water level.
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Sediment Control: The methods employed to prevent sediment from leaving the development
site. Examples of sediment control practices are silt fences, sediment traps, earth dikes, drainage
swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection and
temporary or permanent sedimentation basins.
Stormwater (or storm water): Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation and resulting from such precipitation.
Stormwater management plan: 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 conveyance systems, or receiving waters to the maximum extent practicable.
Wastewater: Any water or other liquid, other than uncontaminated stormwater, discharged from
a premises.
Watercourse: A ditch, stream, creek, or other defined channel intended for the conveyance of
water runoff, groundwater discharge, or similar hydraulic or hydrologic purpose.
Waters of the State: All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs,
reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of
water, surface or underground, natural or artificial, public or private, which are contained within,
Statutes §115.01, Subdivision 22.
512.05 Technical Guides
The following are adopted by reference:
1.!The Minnesota Wetland Conservation Act, Minnesota Statutes (M.S.) §§ 103G.221 -
103G.2372, and its implementing rules, Minnesota Rules 8420.
2.!Public Works General Specifications and Standards(most current version to
govern).
512.06 Administration
1. A permit is required for any land alteration within the City that results in:
(a) The creation of 5,000 square feet or more of land disturbance or new or fully
reconstructed impervious surface.
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(b) The creation of 1,000 square feet or more of land disturbance or movement of 10 cubic
yards or more of material within the water quality impact zone as described in the Critical
Area Overlay District Chapter of the Code.
(c) The movement of 10 cubic yards or more of material on steep slopes or within the bluff
impact zone or shore impact zone as described in the Shoreland Overlay District Chapter
of the Code.
(d) The movement of 50 cubic yards or more of material not on steep slopes or within the
bluff impact zone or shore impact zone as described in the Shoreland Overla District
Chapter of the Code.
(e) Temporary soil stockpiles of 50 cubic yards or more.
(f) Impacts to wetlands.
(g) Construction of retaining walls that in combination are four feet tall or higher.
(h) Drainage alterations resulting in an increased rate of flow onto adjacent properties.
2. Calculations of areas of land disturbance or movement of material to determine if a permit
is required will be based on cumulative project impacts.
3. No land alteration or drainage alteration within the thresholds established in TBD.06.01
may occur until a permit is issued by the City.
4. Applications for permits required under this Chapter must submit the following information
unless the City Engineer or their designee determines that the information is not needed to
determine compliance with this Chapter:
(a) The name and address of the applicant and the location of the activity.
(b) A description of the project including the nature and purpose of the land alteration
activity and the amount of grading, utilities, new and reconstructed impervious surface
and building construction involved.
(c) A map of the existing site conditions including existing topography, property
information, steep and very steep slopes, existing drainage systems/patterns, type of soils,
potential for serious erosion problems, and floodplain boundaries.
(d) A site construction plan that includes the location of the proposed land alteration
activities and phasing of construction.
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(e) An erosion and sediment control plan meeting the requirements of the Public
Works General Specifications and Standards.
(f) A permanent stormwater management plan
Public Works General Specifications and Standards.
(g) A Public Works
General Specifications and Standards if proposing impacts to wetlands.
(h) Copies of any necessary easements or other property interests concerning the flow of
water if drainage is directed off-site.
(i) Copies of any inspection schedules as required by the Minnesota Pollution Control
(MPCA) NPDES/SDS Construction Stormwater General
Public Works General Specifications and Standards.
(j) Copies of any necessary easements for maintenance and access
Public Works General Specifications and Standards.
(k) A signed stormwater maintenance agreement meeting the requirements of Section
TBD.12.
(l) Proof of any necessary permits from other agencies including watershed districts,
Minnesota Department of Transportation, Anoka County, or other jurisdictional agencies.
(m) For sites with proposed disturbance greater than one acre, any other items necessary
Permit MNR100001.
512.07 Wetlands
1.
Public Works General Specifications and Standards.
2. Wetlands must not be drained, filled, excavated, or otherwise altered except in conformance
with the provisions of M.S. §§ 103G.221-103G.2372, Minnesota Rules 8420 and Section 404 of
the Federal Clean Water Act.
512.08 Drainage Alterations
1. All newly constructed and reconstructed buildings must route roof drain leaders to pervious
areas (not natural wetlands) where the runoff can infiltrate whenever practical. The discharge
rate must be controlled so that no erosion occurs in the pervious areas.
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2. Drainage may not be altered to be directed onto adjacent property in so far as practical
except as allowed with a City permit.
!
512.09 Illicit Discharge
1. Prohibition of illicit discharges. No person may throw, drain, or otherwise discharge, cause,
or allow others under its control to throw, drain, or otherwise discharge into the MS4 any
pollutants or waters containing any pollutants, other than stormwater. The commencement or
continuance of any illicit discharge to the storm drainage system is prohibited except as
described below:!
(a) Discharges from the following sources are exempt from discharge prohibitions
established by this Chapter: flows from riparian habitats and wetlands, diverted stream
flows, rising groundwater, springs, uncontaminated groundwater infiltration,
uncontaminated pumped groundwater, uncontaminated water from foundation or footing
drains, crawl space pumps, air conditioning condensate, irrigation water, lawn watering
discharge, individual residential car washing, water hydrant flushing or other water
treatment or distribution system, discharges from potable water sources, and street wash
water.!
(b) Discharge of swimming pools, crawl spaces, sump pumps, footing drains, and other
sources that may contain sediment or other forms of pollutants may not be discharged
directly to a gutter or storm sewer. This discharge must flow over a vegetated area to allow
filtering of pollutants, evaporation of chemicals, and infiltration of water consistent with
the stormwater requirements of the City.
(c) Discharges or flow from firefighting and other discharges specified in writing by the
City as being necessary to protect public health and safety.
(d) Discharges associated with dye testing. This activity requires a verbal notification to the
City prior to the start of any testing.
(e) Discharges associated with the necessary use of snow and ice control materials on
paved surfaces.
(f) Any non-stormwater discharge permitted under a NPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the authority of
Minnesota Pollution Control Agency (MPCA), 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 storm drainage system.
2. Prohibition of illicit connections.
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(a) The construction, use, maintenance, or continued existence of illicit connections to the
storm drainage system is prohibited.
(b) 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.
(c) A person is considered to be in violation of this Chapter if the person connects a line
conveying sewage to the MS4 or allows such a connection to continue.
(d) Connections in violation of this Chapter must be disconnected and redirected, if
necessary, to an approved onsite wastewater management system or the sanitary sewer
system upon approval of the City.
(e) Any drain or conveyance that has not been documented in plans, maps or similar
documents, and which may be connected to the storm sewer system, must be located by
the owner or occupant of that property at the owner's or occupant's sole expense upon
receipt of written notice of violation from the City requiring that such locating be
completed. Such notice will specify a reasonable time period within which the location of
the drain or conveyance is to be determined, that the drain or conveyance be identified as
storm sewer, sanitary sewer or other, and that the outfall location or point of connection
to the storm sewer system, sanitary sewer system or other discharge point be identified.
The results of these investigations must be documented and provided to the City.
3. Notification of Spills
Notwithstanding other requirements of law, as soon as any person responsible for a facility or
operation or responsible for emergency response for a facility or operation has information of
any known or suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into stormwater, the storm drain system, or waters, said
person must 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 must
immediately notify emergency response agencies of the occurrence via emergency dispatch
services. In the event of a release of non-hazardous materials, said person must notify the City
no later than the next business day. Notifications must be confirmed by written notice
addressed and mailed to the City within three business days of the phone notice. If the
discharge of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment must also retain an on-site written record of the
discharge and the actions taken to prevent its recurrence. Such records must be retained for
at least three years.
4. !Management Practices!
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(a) The City will adopt requirements identifying BMPs for any activity, operation, or
premises which may cause or contribute to pollution or contamination of stormwater, the
storm drainage system, or Waters of the State. The owner or operator of such activity,
operation, or premises must provide, at their owner's or operator's sole expense,
reasonable protection from accidental discharge of prohibited materials or other wastes
into the municipal storm drainage system or watercourses through the use of structural
and nonstructural BMPs.
(b) Any person responsible for a property or premises that is, or may be, the source of an
illicit discharge, may be required to implement, at said person's sole expense, additional
structural and non-structural BMPs to prevent the further discharge of pollutants to the
MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the
discharge of stormwater associated with industrial activity, to the extent practicable, must
be deemed proof of compliance with the provisions of this Section. These BMPs will be
part of a stormwater management plan (SWMP) as necessary for compliance with
requirements of the NPDES permit.!
512.10 Watercourse Protection
Every person who owns property through which a watercourse passes, or such person's lessee,
must keep and maintain that part of the watercourse within the property free of trash, debris, yard
waste, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly
retard the flow of water through the watercourse. In addition, the owner or lessee must maintain
existing privately owned structures at the owner's or lessee's sole expense 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.
512.11 Inspections
1. All erosion and sediment control measures and permanent stormwater BMPs must be
inspected by the applicant Public
Works General Specifications and Standards and any approved Maintenance Agreements.
2. The City and its authorized representatives must be allowed to:
(a) Enter upon a site for the purpose of obtaining information, examination of records,
conducting investigations, or performing inspections or surveys as often as may be
necessary to determine compliance with the Chapter.
(b) Where feasible, the City will give 24-hours advance notice. In cases of emergency or
ongoing discharge, the City must be given immediate access.
!
(c) Unreasonable delay in allowing the City access to the premises is a violation of this
Chapter.
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!
(d) The City may seek issuance of an administrative search warrant from any court of
competent jurisdiction if it has been refused access to any part of the premises from which
storm water is discharged, and 1) is able to demonstrate probable cause to believe that
there may be a violation of this Chapter, or 2) that there is a need to inspect or sample as
part of a routine inspection and such sampling program is designed to verify compliance
with this Chapter or any order issued hereunder, or 3) to protect the overall public health,
safety, and welfare of the City.
(e) Bring equipment on the site as is necessary to conduct any surveys and investigations
or require the property owner/discharger to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment must be maintained at all times in a safe
and proper operating condition by the discharger at its own expense. All devices used to
measure stormwater flow and quality must be calibrated to ensure their accuracy. !
(f) Examine and copy any books, papers, records, or memoranda pertaining to activities or
records required to be kept under the Public Works General Specifications and
Standards.
(g) Inspect the erosion and sediment controls and permanent stormwater BMPs.
(h) Remove any temporary or permanent obstruction to the safe and easy access of an
inspection.
(i) Correct deficiencies in stormwater and sediment and erosion control measures
3. The cost of providing access to inspectors and correcting deficiencies must be paid as
outlined in Section TBD.13 and Section TBD.15.
512.12 Maintenance
1. Maintenance of erosion and sediment control devices must occur in conformance with the
Public Works General Specifications and Standards and the approved Maintenance
Agreement.
2. All stormwater BMPs must be designed to minimize the need for maintenance, to provide
access for maintenance purposes and to be structurally sound.
3. A Maintenance Agreement must be developed for the ongoing inspection maintenance
of all permanent structural stormwater BMPs that documents all responsibilities for
operation and maintenance. The Maintenance Agreement will be executed and recorded
against the parcel. The Maintenance Agreement must be in a form approved by the City and
must, at a minimum:
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(a) Designate the Responsible Party who is responsible for ongoing inspection and
maintenance of the permanent structural stormwater BMPs and the costs of any needed
inspection and maintenance to be completed by the City as outlined in Section TBD.15.
(b) Pass responsibilities for such maintenance to successors in title.
(c) Include a maintenance plan that contains, but is not limited to the following:
(1) Identification of all structural permanent stormwater BMPs.
(2) A schedule for regular inspection, monitoring, and maintenance of each structural
BMP. Monitoring must verify whether the practice is functioning as designed and
may include, but is not limited to quality, temperature, and quantity of runoff.
(3) Include a schedule and format for reporting compliance with the maintenance
agreement to the City.
(d) Allow the City and its representatives the right-of-entry for the purpose of inspecting
all permanent stormwater BMPs.
(e) Allow the City the right to repair and maintain the facility, if necessary maintenance
is not performed after proper and reasonable notice to the Responsible Party, at the cost
to the Responsible Party as outlined in Section TBD.15.
4. The Responsible Party must make records of the installation and of all maintenance and
repairs of the stormwater BMPs and must retain the records for at least three years. These
records must be made available to the City during inspection of the stormwater BMPs and
at other reasonable times upon request.
512.13 Financial Securities
1. The applicant must provide a financial security for the performance of the work in
conjunction with a permit in the amount outlined in the Fees Chapter of the Code.
2. This security must be available prior to commencing the project. The form of the security
must be:
(a) By a cash security deposited to the City for 30% of the total financial security when less
than five acres of soil will be simultaneously exposed. When over five acres of soil will be
simultaneously exposed to erosion, the cash security increases to the first $5,000 or 10%
of the total financial security, whichever is greater.
(b) The remainder of the financial security must be placed either with the City, a
responsible escrow agent, or trust company, at the option of the City. Such security must
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contain money, an irrevocable letter of credit, negotiable bonds of the kind approved for
securing deposits of public money or other instruments of credit from one or more
financial institutions, subject to regulation by the state and federal government wherein
said financial institution pledges that the funds are on deposit and guaranteed for
payment. This security must declare the City free and harmless from all suits or claims for
damages resulting from the negligent grading, removal, placement, or storage of rock,
sand, gravel, soil, or other like material within the City. The type of security must be of a
type acceptable to the City.
3. The City may request a greater financial security from an applicant if the City determines
that the development site is especially prone to erosion or the resource to be protected is
especially valuable. If more soil is simultaneously exposed to erosion than originally planned,
the amount of security must increase in relation to this additional exposure.
4. If at any time during the work the deposited security amount falls below 50% of the required
deposit, the Applicant must make another deposit in the amount necessary to restore the
deposit to the required amount within five days. if a deposit is not made, the City may:
(a) Withhold the scheduling of inspections or the issuance of a Certificate of Occupancy.
(b) Revoke any permit issued by the City to the applicant for the site in question and any
(c) When more than one-
stabilization, the City may reduce the total required amount of the financial security by
one-third, if recommended in writing by the City Engineer. When more than two-thirds of
the total required amount of the financial security by two-thirds of the initial amount, if
recommended in writing by the City Engineer.
(d) Any unspent amount of the financial security deposited with the City for faithful
performance of the permit and permit related remedial work must be released not more
than one full year after the completion of the installation of all such measures and the
establishment of final stabilization.
512.14 Enforcemen u/!!
1.!In the following instances, the City may take enforcement actions against the applicant or
property owner:
(a) The applicant or property owner ceases land disturbing activities and abandons the
work site prior to completion of the permit requirements.
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(b) The applicant or property owner fails to conform to this Chapter, the approved permit,
Public Works General Specifications and Standards, the approved erosion and
sediment control plan, the permanent stormwater management plan, or related
supplementary instructions.
(c) The Responsible Party does not follow the approved Maintenance Agreement
2. When an applicant, property owner, or Responsible Party fails to conform to any provision
of this Chapter, Public Works General Specifications and Standards, an approved
permit, or an approved Maintenance Agreement within the time stipulated by the City, the
City may take the following actions:
(a) Issue a stop work order, withhold the scheduling of inspections or the issuance of a
Certificate of Occupancy. !
(b) Suspend or revoke any permit issued by the City to the applicant for the site in question
or any other of the
(c) Perform corrective work to address the violation either utilizing City staff or by a
separate contract.
3. Additionally the City may undertake the following enforcement actions against the property
owner for violations related to Section TBD.09 Illicit Discharge:
(a) Written warnings. When the City finds that a person has violated a prohibition or
failed to meet a requirement of this Chapter and the violation or failure to meet a
requirement has no ongoing adverse impact to the MS4 or Waters of the State, City staff
or failure to meet a requirement, to obtain voluntary compliance with this Chapter.
(b) Notice of violation. Whenever the City finds that a person has violated a prohibition or
failed to meet a requirement of this Chapter, the City may order compliance by written
notice of violation to the person. Such notice may require without limitation:
(1) The performance of monitoring, analysis, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations must cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards
and the restoration of any affected property;
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(5) The implementation of source control or treatment BMPs. If abatement of a
violation or restoration of affected property is required, the notice will set forth a
deadline within which such remediation or restoration must be completed. Said notice
must advise that, should the violator fail to remediate or restore within the established
deadline, the work will be done by a designated governmental agency or a contractor
and the expense will be charged to the violator as outlined in Section TBD.15;
(c) Suspension due to illicit discharge. The City may suspend MS4 discharge access under
the following circumstances:
(1) Suspension due to illicit discharge in emergency situations. The City may, without
prior notice, suspend MS4 discharge access to a person when such suspension is
necessary to stop an actual or threatened discharge that presents or may present
imminent and substantial danger to the environment, or to the health or welfare of
persons, or to the MS4 or Waters of the State. If the violator fails to comply with a
suspension order issued in an emergency, the City may take such steps as it deems
necessary to prevent or minimize damage to the MS4 or Waters of the State.
(2) Suspension due to detection of illicit discharge. Any person discharging to the
MS4 in violation of this chapter may have its MS4 access suspended if such
suspension would abate or reduce an illicit discharge. The City will notify the violator
of the proposed suspension of its MS4 access. The person may petition the City for
reconsideration and hearing. A person commits an offense if the violator reinstates
MS4 access to premises suspended pursuant to this Chapter, without the prior
approval of the City.
4. The City will begin corrective work under the following schedule:
(a) For failures of erosion and sediment control devices, illicit discharges, and illicit
connections:
(1) Except during an emergency action, 48 hours after notification by the City or 72
hours after the failure of erosion and sediment control measures, whichever is less, or
the date listed within the notice of violation, the City at its discretion may begin
corrective work.
(2) Notification of the need to perform corrective work should be in writing, but if it is
verbal, a written notification should follow as quickly as practical. If after making a
good faith effort to notify the responsible party or parties the City has been unable to
establish contact, the City may proceed with the corrective work.
(b) For failures of permanent stormwater BMPs or failures to comply with an approved
maintenance plan, the City will provide the applicant, property owner, or the Responsible
Party notice in writing that it intends to correct a violation of the design standards or
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maintenance plan by performing all necessary work to place the stormwater BMP in
proper working condition. The notified party will have 30 days to perform the required
maintenance and repair of the BMP in an approved manner. After 30 days, the City may
proceed with the corrective work.
(c) If circumstances exist such that noncompliance with this Chapter poses an immediate
danger to the public health, safety, and welfare as determined by the City Engineer or their
designee, the City may take emergency preventative action. During such a condition the
City may take immediate action prior to notifying the applicant and notify the applicant as
soon as possible after work commences. Any cost to the City may be recovered from the
applicant or property owner.
5. Violations deemed a public nuisance. In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in violation of any of the
provisions of this chapter is a threat to public health, safety, and welfare, and is declared and
deemed a nuisance as outlined in the Public Nuisances Chapter of the Code.
6. Remedies not exclusive The remedies listed in this chapter are not exclusive of any other
remedies, including but not limited to civil action to enjoin or otherwise compel the cessation
of any violation of this Chapter, available under any applicable federal, state or local law, and
it is within the discretion of the City to seek cumulative remedies. The City may recover all
attorn
including sampling and monitoring expenses.
512.15 Abatement
1. All costs incurred by the City during inspection and enforcement actions including but not
limited to site access, staff time, contractor fees, must be reimbursed to
the City. If payment is not made within 30 days after costs are incurred by the City, payment
2. If there is an insufficient financial amount in the financial securities to cover the costs
incurred by the City or if no financial security was provided, then the City may assess the
remaining amount against the property. As a condition of the permit for land disturbance
activities, the owner will waive notice of any assessment hearing to be conducted by the City,
concurs that the benefit to the property exceeds the amount of the proposed assessment, and
waives all rights by virtue of M.S. § 429.081 to challenge the amount or validity of the
assessment.
512.16 Fees
The fees for this chapter are set in the Fees Chapter of the Code.
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PublicWorksGeneral
Specificationsand
Standards
Draft January10, 2024
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Table of Contents
Description Page No.
Contents
EROSION CONTROL AND STORMWATER MANAGEMENT....................................................................2
1.Overview.............................................................................................................................................................................................
2
2.Definitions..........................................................................................................................................................................................
2
3.Technical Guides..............................................................................................................................................................................4
4.Erosion and Sediment Control Plan.........................................................................................................................................5
5.Erosion and Sediment Control Standards..............................................................................................................................6
6.Permanent Stormwater Management Plan........................................................................................................................12
7.Permanent Stormwater Management Standards............................................................................................................13
8.Wetland Management Plan......................................................................................................................................................15
9.Wetland Management Standards..........................................................................................................................................15
10.Inspections.................................................................................................................................................................................16
City of Fridley
Public Works General Specifications and Standards
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EROSIONCONTROLAND
STORMWATERMANAGEMENT
1.Overview
It is the intent of the City to control or eliminate stormwater pollution along with soil erosion and
sedimentationthrough its Stormwater Pollution Prevention Planandas required by its Municipal Separate
Storm Sewer System Permit from the Minnesota Pollution Control Agency(MPCA). These standardsestablish
specific erosion and sediment control as well as permanent stormwater management practices that must be
followed during land and drainage altering activitiesto reduce the risk of soil erosion and stormwater
pollution.
2.Definitions
These definitions apply to this guide. Unless specifically defined below, the words or phrases used in this
Chapter shall have the same meaning as they have in common usage. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number include the singular
mandatory and not merely directive.
Applicants:Any person, group, or organization that applies for a building permit, subdivision approval, critical
area permit, right-of-way permit or a land alteration permitproposing a land alteration or drainage alteration.
Applicant also means a
Best Management Practices (BMPs): Erosion and sediment control and stormwatermanagement practices
that are the most effective and practicable means of controlling, preventing, and minimizing the degradation
of surface water, including construction-phasing, minimizing the length of time soil areas are exposed,
prohibitions, and other management practices published by state or designated area-wide planning agencies.
Buffer Zone: An undisturbed area.
Common Plan of Development or Sale: A contiguous area where multiple separate and distinct land
disturbing activities may be taking place at different times, or on different schedules, but under one proposed
plan. This item is broadly defined to include design, permit application, advertisement, or physical
demarcation indicating that land disturbing activities may occur.
Discharge: The release, conveyance, channeling, runoff, or drainage of stormwater, including snowmelt, from
a construction site.
Drainage alteration: An increase in stormwater flows or a change in existing flow route at a property boundary
by changing land contours, diverting or obstructing surface or channel flow, or creating a basin outlet.
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Erosion: 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.
Exposed Soil Areas: All areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.)
or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil
stockpile areas, borrow areas and disposal areas within the construction site. It does not include temporary
stockpiles or surcharge areas of clean sand, gravel, concrete, or bituminous. Once soil is exposed, it is
Final Stabilization:When all soil disturbing activitiesat the site have been completed, and a uniform (evenly
distributed, e.g., without large bare areas) perennial vegetative cover with a density of 75 percent of the cover
for unpaved areas and areas not covered by permanent structures has been established, or equivalent
permanent stabilization measures have been employed. Sowing grass seed alone is not considered final
Fully reconstructed: Areas where impervious surfaces have been removed down to the underlying soils.
Activities such as structure renovation, mill and overlay projects, and other pavement rehabilitation projects
that do not expose the underlying soils beneath the structure, pavement, or activity are not considered fully
reconstructed. Maintenance activities such as catch basin repair/replacement, utility repair/replacement, pipe
repair/replacement, lighting, and pedestrian ramp improvements are not considered fully reconstructed.
General permit: A permit issued under Minn. R. 7001.0210 to a category of owners/operatorswhose
operations,emissions,activities,discharges,orfacilitiesarethe same or substantially similar.
Impaired water: Awater with aUnited States Environmental Protection Agencyapproved Total Maximum Daily
Load (TMDL)for any of the impairments and waters identified as impaired under section 303 (d) of the federal
Clean Water Act for phosphorus (nutrient eutrophication biological indicators), turbidity, TSS, dissolved
oxygen or aquatic biota (fish bioassessment, aquatic plant bioassessment and aquatic macroinvertebrate
bioassessment).
Impervious Surface: A constructed hard surface that either prevents or retards the entry of water into the soil
and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior
to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and
concrete, asphalt, or gravel roads.
Land Disturbance Activity: Any land change that may result in soil erosion from water or wind and the
movement of sediments into or upon waters or lands within the City, including construction, clearing and
grubbing, grading, excavating, transporting, and filling
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Linearproject: Constructionofneworfullyreconstructedroads,trails,sidewalks,orrail lines that are not part of a
common plan of development or sale. For example, roads being constructedconcurrentlywitha newresidential
developmentarenotconsideredlinearprojects because they are part of a common plan of development or sale.
subdivision approval, or to allow land disturbing activities
Public Waters:All water basins and watercourses described in Minn. Stat. Sect. 103G.005 subp. 15.
Sediment: The product of an erosion process, including solid materials, both mineral and organic, that are in
suspension, are being transported, or have been moved by water, wind, or ice, and have come to rest on the
earth's surface eitherabove or below water level.
Sedimentation: The process or action of depositing sediment.
Sediment Control: The methods employed to prevent sediment from leaving the development site. Examples
of sediment control practicessilt fences, sediment traps, earth dikes, drainage
swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or
permanent sedimentbasins.
Soil: The unconsolidated mineral and organic material on the immediate surface of the earth. For the
purposes of this Chapter, temporary stockpiles of clean sand, gravel, aggregate, concrete, or bituminous
Stabilized: The exposed ground surface after it has been covered by sod, erosion control blanket, riprap,
pavement, or other material that prevents erosion. Sowing grass seed alone is not considered stabilization.
Steep Slope: Any slope steeper than 15 percent (15 feet of rise for every 100-foothorizontal run).
Stormwater: Precipitation runoff, stormwater runoff, snow melt off, and any other surface runoff and drainage.
Stormwater does not include construction site dewatering.
Surface Water: All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems,
waterways, watercourses, and irrigation systems whether natural or artificial, public or private,except that
surface waters do not include stormwater treatment systems.
Wetlands: Having the meaning given under M.S. § 103G.005.
3.Technical Guides
The following guides are adopted by reference:
1.Stormwaterand Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban
Storm-Water and Snow-MPCA(most current version to govern).
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2.States Department of Agriculture, Natural Resources
Conservation Service(most current version to govern).
3.MPCA(most current version to govern).
4.by theMinnesota Department of Transportation(most current
version to govern).
5.by the
Minnesota Department of Health (most current version to govern).
4.Erosion and Sediment Control Plan
A.All applicantsregulated under City Code Chapter 208.06.01must submit an erosion and sediment control
plan demonstrating that the applicant can meet the erosion and sediment control standards listed in
Section 5of this document. The plan shall include the location, phasing and type oferosion and sediment
controlBMPsincluding but not limited to:
1)Downgradientsedimentcontrols
2)Soilstabilization(temporaryandpermanent)and vegetative restoration
3)Vehicletracking.
4)Pipeoutletenergydissipation
5)Bufferzones
6)Inletprotection
7)Stockpiles
8)Temporaryorpermanentsediment basins and containmentsystems
9)Dewateringandbasindraining
10)Schedule and method of disposal for all temporary materials
11)Schedule and method of disposal for all collected sediment and floating debris.
B.If the approved erosion and sediment control plan is not sufficient to manage erosion and sedimentation on
site as determined by the City Engineer or their designee, the erosion and sediment control plan must be
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updated to a standard approved by theCity.
5.Erosionand SedimentControl Standards
All land alteration activities must meet the following standards:
A.All projects proposing more than one acre of land alteration activities must meet the standards established
by the MPCA's NPDES/SDS Construction Stormwater General Permit MNR1Minnesota Pollution Control
entirety as now constituted and from time to time amended.
B.Erosion and sediment control BMPs must be properly installed before construction activity begins and left
in placeuntil permanent cover is established.
C.Erosion and sediment control BMPs may be adjusted during dry weather to accommodate short term
activities, suchasthose allowing the passage of very large vehicles. As soon as this activity is finished, or
before the next runoff event, the erosion and sediment control structures must be returned to the
configuration specified by the City.
D.Erosion and sediment control BMPs must be established on all downgradient perimeters of the site and
downgradient areas of the site that drain to any surface water, including curb and gutter systems.
E.Erosion and sediment control BMPs must be located upgradient of any buffer zones.
F.If downgradient erosion and sediment control BMPs are overloaded, based on frequent failure or excessive
maintenance requirements, additional upgradient or redundant BMPs must be installed to eliminate the
overloading.
G.Temporary or permanent drainage ditches and sediment basins designed as part of a sediment
containment system (e.g., ditches with rock-check dams) require sediment control practices only as
appropriate for site conditions,
H.A floatingsilt curtain placed in the water is not a sediment control BMP to satisfy perimeter control in this
part except when working on a shoreline or below the waterline. When applicable, after the short-term
construction activity (e.g., installation of rip rap along the shoreline) in that area is complete, upland
perimeter control practices must immediately be installed if exposed soils still drain to a surface water.
I.If silt fence is installed it shall conform to Sections 3886.1 and 3886.2, Standard Specifications for
Construction, Minnesota Department of Transportation.
J.The netting and fill material of all temporary rolled erosion prevention blanket shall be made from only
natural fibers and conform to Section 3885, Standard Specifications for Construction, Minnesota
Department of Transportation.
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K.Activity shall be phased to minimize disturbed areas subject to erosion at any one time.
L.No more land can be disturbed (i.e., phasing) than can be effectively inspectedandmaintained
inaccordancewithinspectionandmaintenance requirements.
M.All areas not to be disturbed must be delineated onsite before work begins.
N.Movement of sediment on to adjacent properties, roadways, and other designated areas such as streams,
wetlands, lakes, and unique vegetation (oak groves, rare and endangered species habitats, etc.) is not
allowed.
O.Perimeter control devices must be repaired, replaced, or supplemented when they become nonfunctional
or the sediment reaches 1/2 of the height of the device.
P.Disturbance of steep slopesshouldbeminimized.Ifsteepslopesmustbedisturbed,techniquessuchas
phasing and stabilization practices designed for steep slopes (e.g., slope draining and terracing) must
be implemented.
Q.Allexposedsoilareas,includingstockpiles,mustbestabilized.
1)Stabilization must be initiated immediately to limit soil erosion when constructionactivityhas
permanentlyortemporarilyceasedonanyportionof thesiteandwillnotresumeforaperiod
exceeding14calendardays(orseven calendar days on a project that is within one mile (aerial
radius measurement) of andflows to an impaired water).
2)Stabilization must be completed no later than 14 calendar days after the constructionactivityhas
ceased(orsevencalendardaysonaprojectthatis within one mile (aerial radius measurement) of
andflows to an impaired waters).
3)Stabilizationisnotrequiredonconstructedbasecomponentsofroads,parking lots and similar
surfaces.
4)Stabilizationisnotrequiredontemporarystockpileswithoutsignificantsilt,clay or organic
components (e.g., clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles) but
permittees must provide sediment controls at the base of the stockpile.
5)Allexposedsoilareaswithin200feetoftheedge,andthatdraintoPublic Waters that the
frames, must be stabilized within 24 hours during the restriction period.
6)Thenormalwettedperimeterofthelast200linearfeetoftemporaryorpermanent drainage ditches
or swales that drain water from the site must be stabilized within 24 hours after connecting to a
surface water or property edge.
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7)Stabilization of remaining portions of temporary or permanent ditches or swales mustbecompleted
within14calendardaysafterconnectingtoasurfacewateror property edge and after construction in
that portion of the ditch temporarily or permanently ceases.
8)Temporary or permanent ditches or swales being used as a sediment containment systemduring
construction(withproperlydesignedrock-ditchchecks,biorolls,silt dikes, etc.) do not need to be
stabilized. Stabilization of these areas must be completed within 24 hours after their use as a
sediment containment system ceases.
9)Mulch, hydro mulch, tackifier, polyacrylamide or similar erosion prevention practices must not be
used within any portion of the normal wetted perimeter of a temporaryorpermanentdrainageditch
orswalesectionwithacontinuousslopeof greater than 2 percent.
R.Temporaryorpermanentenergydissipationmustbeprovidedatallpipeoutlets within 24 hours after
connection to a surface water or permanent stormwater treatment system.
S.Stockpiles: Silt fence or other effective sediment controls must be provided at the base of stockpiles on the
downgradient perimeter.
1)All stockpiles must be located outside of natural buffers or surface waters, including stormwater
conveyances such as curb and gutter systems unless there is a bypass in place for the stormwater.
2)For Stockpiles greater than ten (10) cubic yards,the toe of the pile must be more than twenty-five (25)
feet from a road, drainage channel or stormwater inlet.
T.Vehicle tracking of sediment from the site must be minimized by BMPs such as temporary rock
construction entrances, stone pads, concrete or steel wash racks, or equivalent systems.
U.Parking is prohibited on all bare lots and all temporary construction entrances, except where street parking
is not available. Gravel entrances are to be used for deliveries only as per the development contract.
V.Streets must be cleaned and swept by the applicant whenever tracking of sediment occurs. Sediment shall
not be allowed to remain on the streets if the site is to be left idle for weekends or holidays. A regular
sweeping schedule must be established.
W.Sediment must be removed from all paved surfaces within one calendar day of discovery or, if applicable,
within a shorter time to avoid a safety hazard to users of public streets.
X.Any sediment entering public waters must be removed.
1)All necessary permits to work in public waters must be obtained prior to commencing work.
Y.All storm drain inlets must be protected using appropriate BMPs during construction until permanent
cover has been established on all areas with potential for discharging to the inlet.
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1)Inlet protection for a particular inlet may be removed if a specific safety concern (e.g. street
flooding/freezing) is identified. The need for removal must be documented in the site plan.
Z.Temporary sediment basins must be installed consistent with the following standards:
1)Where 10 or more acres of disturbed soil drain to a common location or where 5 or more acres of
undisturbed soil drain to a common location on the project that is within one mile (aerial radius
measurement) of an , the applicant must provide a basin to provide treatment of the
runoff before it leaves the construction site or enters surface waters.
2)Temporary sediment basins may be converted to a permanent basin after construction is complete;
however, the basin must be restored to the design in the approved permanent stormwater
management planprior to final stabilization.
3)Temporary basins may be removed when permanent cover has reduced the acreage of disturbed soils
to less than 10 (or 5 when applicable) acres draining to a common location.
4)Temporary basins mustprovide live storage for a calculated volume of runoff from a two (2) year, 24-
hour storm from each acre drained to the basin, except that in no case shall the basin provide less than
1,800 cubic feet of live storage per acre drained to the basin.
5)Where the two (2)-year, 24-hour storm runoff amount is not calculated, the temporary sediment basin
6)Outlets must be designed to prevent short-circuiting and the discharge of floating debris.
7)The outlet structure must be designed to withdraw water from the surface to minimize the discharge of
pollutants. The use of a surface withdrawal mechanism may be temporarily suspended during frozen
conditions. The basin must include a stabilized emergency overflow to prevent failure of pond integrity.
8)Energy dissipation must be provided for the basin outlet within 24 hours after connection to a surface
water.
9)Temporary sediment basinsmustbesituatedoutsideofsurfacewaters.
10)The temporary basins must be constructed and made operational prior to disturbing 10 or more acres
of soil draining to a common location.
11)Temporary sediment basins must be drained when the depth of sediment collected in the basin reaches
1/2 the storage volume.
12)Where a temporary sediment basin meeting the above requirements is infeasible, effective sediment
controls such as smaller sediment basins, and/or sediment traps, silt fences, vegetative buffer strips, or
any appropriate combination of measures must be installed as dictated by individual site conditions,
including all down-slope boundaries and side-slope boundaries. In determining whether installing a
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sediment basin is infeasible, the applicantmust consider public safety and may consider factors such as
site soils, slope, and available area on site. The determination of infeasibility must be documented in the
site plan.
AA.In any areas of the site where final vegetative stabilization will occur, vehicle and equipment use must be
restricted to minimize soil compaction.
BB.Discharges from BMPs must be directed to vegetated areas unless it is infeasible.
CC.A 50-foot buffer zonemust be preserved or, if a buffer is infeasible on the site, redundant (double)
perimeter sediment controls must be provided when a surface water is located within 50 feet of the
projects earth disturbances and stormwater flows to the surface water.
1)Permittees must install perimeter sediment controls at least 5 feet apart unless limited by lack of
available space.
2)Natural buffers are not required adjacent to road ditches, judicial ditches, county ditches, stormwater
conveyance channels, storm drain inlets, and sediment basins.
3)If preserving the buffer is infeasible, the reasons must be documented in the site plan.
4)Sheet piling is a redundant perimeter control if installed in a manner that retains all stormwater.
DD.Polymers, flocculants, or other sedimentationtreatment chemicals must be used in accordance with
accepted engineering practices, dosing specifications and sediment removal design specifications provided
by the manufacturer or supplier.
EE.Conventional erosion and sediment controls must be used prior tochemical addition and must direct
treated stormwater to a sediment control system for filtration or settlement of the floc prior to discharge.
FF.Dewatering and Basin Draining
1)Water impacted by the construction activity and removed from the site by pumping must be treated
by temporary sediment basins, geotextile filters, grit chambers, sand filters, up-flow chambers, hydro-
cyclones, swirl concentrators or other appropriate controls.
2)Turbid or sediment-laden waters related to dewatering or basin draining (e.g., pumped discharges,
trench/ditch cuts for drainage) must be discharged to a temporary or permanent sediment basin on the
project site unless infeasible.
3)Dewatering to surface waters may be conducted if visual checks are completed to ensure adequate
treatment has been obtained and nuisance conditions (see Minn. R. 7050.0210, subp. 2) will not result
from the discharge.
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4)If turbid or sediment-laden water cannot be discharged to a sedimentation basin prior to entering a
surface water, the discharge must be treated with appropriate BMPs such that the discharge does not
adversely affect the surface water or downstream properties.
5)An oil-water separator or suitable filtration device (e.g., cartridge filters, absorbents pads) must be used
prior to discharge of water containing oil or grease.
6)Water from dewatering or basin-draining activities must be discharged in a manner that does not cause
erosion or scour in the immediate vicinity of discharge points.
7)Dewatering or basin-draining activities cannot cause inundation of wetlands that causes significant
adverse impact to the wetland in the immediate vicinity of discharge points.
8)If filters with backwash water are used, all backwash must be hauled away for disposal, returned to the
beginning of the treatment process, or incorporated into the site in a manner that does not cause
erosion.
GG.Topsoil must be preserved on the site. Removal of topsoil on site requires written permission from the City
Engineeror their designee.
HH.The following Pollution Prevention Management Measuresshould be followed:
1)Building products and landscape materials must be placed under cover (e.g., plastic sheeting or
temporary roofs) or protected by similarly effective means as designed to minimize contact with
stormwater.
2)Products which are either not a source of contamination to stormwater or designed to be exposed to
stormwater are not required to be covered or protected.
3)Pesticides, herbicides, fertilizers and treatment chemicals must be placed under cover (e.g., plastic
sheeting or temporaryroofs) or protected by similarly effective means designed to minimize contact
with stormwater.
4)Hazardous materials and toxic waste (including oil, diesel fuel, gasoline, hydraulic fluids, paint solvents,
petroleum-based products, wood preservatives, additives, curing compounds, and acids) must be
stored in sealed containers to prevent spills, leaks or other discharge.
5)Hazardous materials must be stored and disposed of in accordance with Minn. R. ch. 7045.
6)Solid waste must be stored, collected, and disposedof in accordance with Minn. R. ch. 7035.
7)Portable toilets must be positioned so that they are secure and will not tip or be knocked over.
8)Sanitary waste from the portable toilets must be properly disposed in accordance with Minn. R. ch.
7041.
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9)Reasonable steps must be taken to prevent the discharge of spilled or leaked chemicals, including fuel,
from any area where chemicals or fuel will be loaded or unloaded including the use of drip pans or
absorbents unless infeasible.
10)Adequate supplies must be available at all times to clean up discharged materials and an appropriate
disposal method must be available for recovered spilled materials.
11)Spills must be immediately reported and cleaned up as required by Minn. Stat. Sect. 115.061, using dry
clean up measures where possible.
12)Vehicle exterior washing and equipmentshall be limitedto a defined area of the site.
13)Runoff from the washing area must be contained in a sediment basin or other similarly effective
controls.
14)Waste from the washing activity must be disposed of properly.
15)Soaps, detergents, and solvents must be properly used and stored.
16)Liquid and solid wastes generated by washout operations (e.g. concrete, stucco, paint, form release oils,
curing compounds and other construction materials) related to the construction activity must be
contained and not contact the ground. A sign, indicating the location of a washout facility, must be
installed.
208.02Steep Slopes
1.Work on steep slopes should be avoided where practical.
2.No reconstructed slopes shall be steeper than four feet horizontal to one foot vertical except that steeper
slopes may be permitted with the use of an approved retaining wall or other support.
6.Permanent Stormwater Management Plan
A.All applicants regulated under City Code Chapter 208.06.01 performing work above the following
thresholds must submit a permanent stormwater management plan:
1)Non-linear projects that create 5,000 square feet or more of new or reconstructed impervious surface.
2)Linear projects that create one acre or more of soil disturbance.
B.The permanent stormwater management plan shall include:
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1)Copies of all calculations to determine conformance with the permanent stormwater management
standardslisted in Section 7 of this document.
2)Runoff rates for the proposed activity and pre-development shall be determined using an Atlas 14-
based (nested, regional, state) rainfall distribution using NRCS approved methodology.
b.A geotechnical report containing a map and copy of all soil borings and soil boring logs.
7.Permanent Stormwater Management Standards
A.Rate Control: The discharge rates at the property line from the predevelopment 24-hour, two-year, 10-
year, and 100-year peak storm discharge rates maynot be increased.
1)Thes predevelopment rates shall be based on the last 10 years of land use.
2)All areascontributing to the practice shall be accounted for in the design of the rate control practice.
This includes areas off-siteand beyond the public right-of-way that will be contributing to the practice.
3)Accelerated channel erosion must not occur as a result of the proposed land disturbing or development
activity.
B.Water Quality Treatment
1)For nonlinear projects, without limitations, that create 5,000 square feet of new or reconstructed
impervious surface, 1.1 inches of runoff from the new and fully reconstructed impervious surfaces shall
be captured and retained on site.
2)For linear projects on sites, without limitations, that disturb one or more acre of land, the larger of the
following shall be captured and retained on site:
a.0.55 inches of runoff from the new and fully reconstructed impervious surfaces
b.1.1 inches of runoff from the net increase in impervious area
c.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. 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
MIDS Design Sequence Flow Chart shall be used.
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3)Volume reduction practices (e.g., infiltration or other) to retain the water quality volume on-site must
be considered first when designing the permanent stormwater treatment system. Wet sedimentation
basins and filtration systems are not considered volume reduction practices. If infiltration is prohibited,
as described in the Minnesota Stormwater Manual, other volume reduction practices, a wet
sedimentation basin, or filtrationmay be considered.
4)For projects on sites with limitations, the MIDS Design Sequence Flow Chart included in the Minnesota
Stormwater Manual or a City-approved alternative shall be used to identify a path to compliance
through flexible treatment options.
5)The City will develop a Memorandum of Understandingwith applicants to address flexible treatment
option #3 off site mitigation conditions listed within the MIDS Design Sequence Flow Cartor for the
use of regional treatment systems to provide the requiredwater quality treatment.
6)Specific site conditions may make infiltration difficult, undesirable, or impossible. Some of these
conditions are listed in the MIDS Design Sequence Flow Chart.
C.Soil borings
1)Infiltration volumes and facility sizes shall be calculated using the appropriate hydrologic soil group
classification, ASTM Unified Soil Class Symbol, and design infiltration rate from the Minnesota
Stormwater Manual.
2)The design infiltration rate will be based on the least permeable soil horizon within the first five feet
below the bottom elevation of the proposed infiltration management practice.
3)Soil borings shall be conducted in the exact location of the proposed infiltration BMPs and in the
quantity as described in the Minnesota Stormwater Manual as amended.
4)Soil borings should be logged using the USDA Soil Textural Classification System and the ASTM
Unified Soil Class Symbol.
a.A permit applicant can submit field measurements and revised rates (using the correction factors
provided in the Minnesota Stormwater Manual) if there is reason to believe the long-term
infiltration rates will be other than the design infiltration rates provided in the Minnesota
Stormwater Manual.
b.A geotechnical investigation shall be performed in the location of the proposed volume control
practices to confirm or determine underlying soil types, the depth to the seasonally high
groundwater table, and thedepth to bedrock or other impermeable layer.
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D.Drawdown time and maximum ponding depths shall not exceed the amounts defined in the Minnesota
Stormwater Manual.
E.Infiltration stormwater management practices must be designed to include adequate pretreatment
measures before discharge of runoff to the primary infiltration area, consistent with the Minnesota
Stormwater Manual.
F.Design and placement of infiltration stormwater management practices shall be done in accordance with
the Minnesota Department of H
8.Wetland Management Plan
A.All permit applicants regulated under Chapter 208.06.01proposing potential impacts to wetlands including
but not limited to filling, draining, or changes in drainage must submit a wetland management plan to be
approved by the City Engineer or their designee.
B.The Wetland Management Plan shall include:
1)Calculations demonstrating conformance with Section 9of this document.
2)An approved Notice of Decision from the Local Government Unit administering the Wetland
Conservation Act as needed to authorize any impactsto wetlands.
C.This rule does not regulate alteration of incidental wetlands as defined in Minnesota Rules chapter 8420, as
amended. An applicant must demonstrate that the subject wetlands are incidental.
9.Wetland Management Standards
A.Runoff must not be discharged directly into wetlands without appropriate quality (i.e.,treated) and
quantity runoff-Water and
Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Storm-Water and
Snow-
1)Wetland Susceptibility Class = Highly Susceptible; Permit Storm Bounce = Existing; Inundation Period
for 2-Year event = Existing; Inundation Period for 10-year or Greater Event =Existing.
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2)Wetland Susceptibility Class = Moderately Susceptible; Permit Storm Bounce = Existing plus 0.5 feet;
Inundation Period for 2-Year event = Existing plus 1 days; Inundation Period for 10-year or Greater
Event = Existing plus 7 days.
3)Wetland Susceptibility Class = Slightly Susceptible; Permit Storm Bounce = Existing plus 1.0 feet;
Inundation Period for 2-Year event = Existing plus 2 days; Inundation Period for 10-year or Greater
Event = Existing plus 14 days.
4)Wetland Susceptibility Class = Least Susceptible; Permit Storm Bounce = No Limit; Inundation Period for
2-Year event = Existing plus 7 days; Inundation Period for 10-year or Greater Event = Existing plus 21
days.
B.Wetlands must not be drained, filled, excavated, or otherwise altered except in conformance with the
provisions of the Minnesota Wetland Conservation Act,Minnesota Statutes 103G.221-103G.2372,
Minnesota Rules 8420, and Section 404 of the Federal Clean Water Act and as outlined in an approved
Notice of Decision from the Local Governmental Unit.
C.Work in and around wetlands must be guided by the following principles in descending order of priority:
1)Avoid both the direct and indirect impact of the activity that may destroy or diminish the wetland.
2)Minimize the impact by limiting the degree or magnitude of the wetland related activity.
3)Rectify the impact by repairing, rehabilitating, or restoring the affected wetland environment with one
of at least equal public value.
4)Reduce or eliminate the adverseimpact over time with preservation and maintenance operations
during the life of the activity.
10.Inspections
All permit applicants regulated under Chapter 208.06.01must meetthe following inspections standards:
A.A trained person must inspect the entire construction site at least once every seven days during active
construction and within 24 hours after a rainfall event greater than 1/2 inch in 24 hours.
B.All erosion and sediment control measures and permanent stormwater management BMPs mustbe
inspected to ensure integrity and effectiveness.
C.All nonfunctional erosion and sediment control practices must be repaired, replaced, or supplemented with
functional practices by the end of the next business day after discovery unless another time frame is
specified below. Additional time, if field conditions prevent access to the area, may be takenat the
discretion of the City Engineer or their designee.
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D.Surface watersmust be inspected for evidence of erosion and sediment deposition.
E.Construction site vehicle exit locations, streets and curb and gutter systems within and adjacent to the
project must be inspected for sedimentation from erosion or tracked sediment from vehicles.
1)At least one individual present on the site (or available to the project site in three(3) calendar days)
must be trained in the job duties of overseeing the implementation of, revising and/or amending the
site plans and performing inspections for the project.
F.Inspection schedules may be adjusted as follows:
1)Inspections of areas with permanent cover can be reduced to once per month, even if construction
activity continues on other portions of thesite.
2)Where sites have permanent cover on all exposed soil and no construction activity is occurring
anywhere on the site, inspections can be reduced to once per month and, after 12 months, may be
suspended completely until construction activity resumes.
3)Where construction activity has been suspended due to frozen ground conditions, inspections may be
suspended. Inspections must resume within 24 hours of runoff occurring, or upon resuming
construction, whichever comes first.
G.Inspections and maintenance activities must be recorded within 24 hours of being conducted and these
records must be retained with the site plan. These records must include:
1)Date and time of inspections.
2)Name of person(s) conducting inspections.
3)Accurate findings of inspections, including the specific location where corrective actions are needed.
4)Corrective actions taken (including dates, times, and party completing maintenance activities).
5)Date of all rainfall events greater than 1/2 inches in 24 hours, and the amount of rainfall for each event.
Rainfall amounts must be obtained by either a properly maintained rain gauge installed onsite, a
site specific rainfall data from radar summaries.
6)Observed discharges must be recorded, Discharges should be photographed,and the location of the
discharge described (i.e., color, odor, settled or suspended solids, oil sheen, and other obvious
indicators of pollutants)and reported to the City.
H.Any amendments to the site plan proposed as a result of the inspection must be documented within seven
calendardays.
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I.All infiltration areas must be inspected during construction to ensure that sediment is not reaching
infiltration areas and that these areas are also being protected from soil compaction from the movement
of construction equipment.
J.If sediment enters a permanent stormwater BMP during construction, it must be restored to its design
specifications prior to final stabilization.
K.The owner shall inspect all erosion and sediment control and permanent stormwater BMPs during
construction, twice during the first year of operation and at least once every yearthereafter. The City will
keep all inspection records on file for a period of six years.
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AGENDA REPORT
Meeting Date:February13, 2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
2024 Sustainability Tour
Background
During the December 12, 2023meeting, members of the commission suggested planning a
Recommendation
Commissioners should discuss the format and potential sites for the tour.
Attachments and Other Resources
None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date:February13, 2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Title 5 Updates
Background
In 2021, the Fridley City Council initiated a full recodification effort of the City Code. Staff are currently
reviewing chapters within the proposed Title 5 Lands and Building section. This includes Chapters 502
Landscape Maintenance, 503 Tree Management, and 504 Winter Maintenance previously
recommended for approval by the Environmental Quality and Energy Commission in 2022.
Recommendation
These chapters are presented for informational purposes due to the amount of time that has elapsed
since action by the EQEC.
Attachments and Other Resources
Chapters 502 Landscape Maintenance
Chapter 503 Tree Management
Chapter 504 Winter Maintenance
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Fridley City Code
Chapter 105.TBD Landscape Maintenance
105.01TBD.01 Purpose
The purpose of this section of city code is to Chapter is to establish minimum standards for
landscape maintenance and to protect surface water quality by allowing natural areas where they
can benefit water quality throughout the City of Fridley (City).
105.02TBD.02 Definitions
1. Designated Natural Area: An area of native plants that has never been disturbed, or an area
intentionally planted with native or naturalized perennial vegetation greater than ten (10) inches
in height that has an edged border separating it from areas of turf grass.
2. Garden: A cultivated area dedicated to the growing of vegetables, fruit, flowers, perennials,
shrubs, and similar ornamental plants that were intentionally specifically planted in that location
and where common weeds are not the predominant vegetation.
3. Landscape: The area of a parcel of land that is not covered with an impervious surface.
4. Lot: A parcel of land adjacent to a street or road, including the right-of-way between the
property and the curb.
5. Noxious Weeds: Includes both Any prohibited noxious weeds and secondary noxious weeds as
defined by the State of Minnesota Department of Agriculture, excluding dandelions. (Note: this
does not include dandelions.)
6. Right-of-Way: The area on, below, or above a public roadway, highway, alley, street, bicycle
lane, public sidewalk, and or boulevard in which the City has an interest, including the dedicated
rights-of-way for travel purposes and utility easements of the City. A right-of-way does not include
the airwaves above a right-of-way with regard to cellular or other nonwire wireless
telecommunications or broadcast service.
7. Waterway: Any body of water that receives storm water runoff, including wetlands, lakes, ponds,
streams, rivers, and reservoirs. Shall Waterway does not include water flowing on streets, or water
pooling for less than 24 hours on private property after a rain event.
8. Wooded Area: An area of trees and other native plant materials. identified as follows: wherefor
every 100 square feet of area considered, contains at leastthere shall not be less than six (6) trees,
each of a six inch caliper measurement when, measured at a point of six inches above
grade from the base of each tree measured.
105.03TBD.03 Required Maintenance
Landscaped areas of all properties must be maintained by the owner to beand free of noxious
weeds. Ground cover, except for trees and shrubs, in landscaped areas may not exceed ten (10)
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inches in average height except for ground cover in gardens and designated natural areas.
Designated natural areas which do not need to be edged include: drainage ponds, ditches,
lakeshore areas, parks, 3 to 1three to one or greater slopes, stream banks, vacant lots, wetlands,
or wooded areas. Landscaped areas must be kept free of litter. Vegetation shall must not be
permitted to be overgrown or encroach onto adjacent properties. Failure to comply is a nuisance
as defined in the Public Nuisance Chapter of the Fridley City Code (Code).
105.04TBD.04 Intervention by the City
If the provisions of Section 105.03this Chapter are not complied with, the city manager or
his/herCity Manager or their designee shall will give written notice to the owner of the property
in violation. If the property owner fails to bring the violating property into compliance with Section
105.03 this Chapter within the time specified in the notice, or if the owner of the property cannot
be located, designated city City staff shall may perform the necessary work on the landscaping in
order to have the landscape broughtbring the landscaping into compliance. and The City will
invoice the property owner for the cost costs incurred by the City for the work performed and of
such service and abatement administrative costs associated with the abatement according to the
procedures established in Chapter 128the Abatement of Exterior Public Nuisances Chapter of the
City Code.
105.05TBD.05 Protection of Waterways
1. In addition to proper landscape maintenance, all property owners in the City of Fridley
must protect surface water quality through the following measures:
A.1. No person is permitted to deposit leaves, grass clippings, or other plant waste within
twenty-five (25) feet of a waterway or ten (10) feet of a bluff line, whichever is greater.
B.2. No person is permitted to deposit or store yard waste of any kind in a right-of-way or
roadway, except as permitted in Chapter 113 the Solid Waste Management Chapter of the
Code or in the process of maintaining the right-of-way.
C.3. Extreme care must be taken to prevent landscape fertilizers, pesticides, and herbicides
from falling on a paved surface. Any applied granular landscape fertilizer, pesticide, or
herbicide must be swept from any paved surfaces immediately upon completion of application
as specified in State Statuteslaw. Commercial lawn care product applicators must post public
notification signs when lawn care products are applied. No person shall may remove such
signs for 48 hours or, as required by State law.
105.06 Penalties
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of this Code. Each day the violation exists or
continues to exist shall be deemed a separate offense.
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fFridley City Code
Chapter 104.503. Tree Management
104.01. Declaration of Policy503.01 Purpose
The City Council of Fridley has determined that trees Trees provide a public benefit including
cleaner air, cleaner water, decreased soil erosion and increased property values in the City of
Fridley (City). It is further determined that nuisance trees growing upon on public and private
property impair the safety, good order, general welfare, and convenience of the public. It is
declared to be the intention of the Council to maintain a resilient urban forest and this Chapter is
enacted for that purpose.
503.02 Definitions
Boulevard Tree: A tree growing within an improved street or alley right-of-way or an easement
that has been acquired for an existing improved street or alley.
Removal: The cutting of a tree at the trunk to be level with the surrounding ground.
104.02.503.03 Forester Position Created
The powers and duties of the City Forester as set forth in this Chapter are hereby conferred upon
on the Director of Public Works and all designated representativesor their designee. It is the duty
of the Forester to coordinate under the direction and control of the City Manager or their designee
all activities of the City relating to the management of trees on City property, the control and
prevention of tree pests that would threat
elimination of nuisance trees. The Forester shall will recommend to the City Manager or their
designee the details of the program for the maintenance of a resilient urban forest and perform
the duties incident to such a program adopted by the Fridley City Council (Council).
104.03.503.04 Program
It is the intention of the Council of Fridley to conduct a Management Program directed at the
maintenance of a resilient urban forest. The City shall will have the right to plant, prune, maintain,
remove and replace all trees, shrubs, and other plantings now or hereafter on properties
controlled by the City including in any street, park, boulevard, public right-of-way or easement as
may be necessary to ensure public safety or to preserve and enhance the C
City shall will also have the right to require the abatement of any trees on public or private
property deemed to be public nuisances as outlined in the this Chapter.
104.04.503.05 Nuisance Declared
The following are public nuisances whenever they may bewhen found within the City of Fridley:
1. Any diseased or infested tree or part thereof, including logs, branches, stumps, firewood, or
other wooden material which has been determined to present a condition which endangers
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the safety or health of the public or urban forest and has not been abated according to the
prescription of the City Forester.
2. Any hazardous tree which is determined to have structural defects in the roots, stem, or
branches that may cause the tree or part thereof of the tree to fail, where such failure may
cause personal injury or property damage to A "target" includes, but is not limited
to, people, vehicles, buildings, and property, etc. Trees without targets are not considered
hazards even if they are likely to fail and can be considered beneficial in habitat protection.
104.05.503.06 Abatement
1. It is unlawful for any person to allow a public nuisance as defined in Section 104.04this
Chapter to remain on any premises owned within, or controlled by, the City of Fridley. Such
nuisances may be abated in the manner prescribed by this Chapter and according to the
procedures established in Chapter 128the Abatement of Exterior Public Nuisances Chapter of
the City Code.
2. In abating the nuisances defined in this Chapter, the Forester or their designee will prescribe
the nuisance tree or wood to be evaluated, monitored, sprayed, root barriered, removed,
burned or otherwise effectively treated so as to eliminate and prevent, as fully as possible, the
nuisance. Such abatement procedures will be carried out in accordance with current technical
and expert opinions and procedures.
104.06.503.07 Inventory, Inspection and Investigation
1. The Forester or an agent thereoftheir designee may inspect all premises and places within
the City as often as deemed appropriate to determine any condition described in Section
104.04 of this Chapter. The Forester shall will investigate all reported incidents of nuisance
trees.
2. The Forester or an agent thereoftheir designee may enter upon private premises at any
reasonable time for the purpose of carrying out any of the duties assigned under this Chapter.
3. The Forester or an agent thereoftheir designee shall will make a field diagnosis according
to generally accepted field diagnosis procedures.
104.07. Abatement of Nuisances
In abating the nuisances defined in Section 104.04, the Forester or an agent thereof shall prescribe
the nuisance tree or wood to be evaluated, monitored, sprayed, root barriered, removed, burned
or otherwise effectively treated so as to eliminate and prevent, as fully as possible, the nuisance.
Such abatement procedures shall be carried out in accordance with current technical and expert
opinions and procedures.
104.08.503.08 Procedures for Removal of Infected Trees or Woods
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When the Forester or their designee thereof finds that a public nuisance as defined in Section
104.04this Chapter exists in any tree or wood in any public or private place in the City, the Forester
shallwill:
1. On private property, notify the property owner in writing with a Nuisance Tree Abatement
Notice. The property owner shall must carry out any recommended abatement procedure(s)
within thirty (30) days from the date of receipt of the notification unless a written extension is
granted by the Forester.a specified amount of time from the date of receipt of the notification
unless a written extension is granted by the Forester.
(a) If the owner fails to follow the recommendation of the Nuisance Tree Abatement Notice
within the designated time period, the Forester shall will notify the property owner in
writing that the City will contract for the abatement of the public nuisance. The Forester
shall then proceed to contract for the abatement procedures as soon as possible and shall
report to the City Clerk all costs resulting from the abatement procedures carried out on
such private property. The City Clerk shall list all such charges related to the City
th
abatement administrative costs against each separate lot or parcel by September 15 of
taxes. All assessments and abatement-related costs shall be added to each assessment.
and will follow the abatement processes established in the Abatement of Exterior Public
Nuisances Chapter of the Code.
2. In the case of boulevard trees, defined as a tree growing within an improved street or alley
right-of-way or an easement that has been acquired for an existing improved street or alley,
notices will be mailed to the owner of the abutting property as previously described in Section
104.08.1. However, theThe City shall will abate any nuisance boulevard tree at no cost to the
property owner. If the property owner desires, the City will replace the tree with a tree on the
owners property in the vicinity of the removed tree.
3. All assessments levied for the repayment of tree disease abatement costs may be repaid
over a period designated by the City Council. Such assessments shall will be levied in
accordance with the assessment procedures established in City Code Chapter 128the
Abatement of Exterior Public Nuisances Chapter of the Code.
4. If the nuisance tree is located on public land, the Forester shall will transmit a similar
notification including prescription to the agency responsible for maintenance of said property.
Such nuisances on public property shall will be abated by the respective agentagency,
according to the prescriptions of the City Forester within thirty (30) days of notification unless
a written extension is granted by the Forester.
104.09. Program Records
The Forester shall keep accurate records of the Tree Management Program including the costs of
abatements ordered under this program. The Forester shall report to the City Council all work
done for which assessments are to be made stating and certifying the description of the land, lots,
and parcels involved and the amount chargeable to each.
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104.10.503.09 Interference Prohibited
It is unlawful for any person to prevent, delay or interfere with the Forester or agent thereoftheir
designee while they are engaged in the performance of duties imposed by this Chapter.
104.11.503.10 Tree Management License Required
It shall beis unlawful for any individual, partnership or corporation to conduct as a business the
cutting, trimming, pruning, removing, spraying or otherwise treating of trees, shrubs or vines in
the City without first having secured a license from athe City to conduct such business.
104.12.503.11 Tree Management License RequirementsApplication
1. Application
Application for a license under this Chapter shall be made at the office of the City Clerk of the
City.
2. Application Form
1. No person may operate a tree management service within the City without a valid license
from the City, which includes the following requirements: The application for a license shall be
made on a form approved by the City which includes
(a) Business name and address;
(b) Name Full legal name and address of applicant;
(c) Business phone number;
(d) Number and type of vehicles;
(e) Type of state licenses and/or certifications applicant or employees haveProof of registry
in the Minnesota Department of Agriculture Tree Care Registry; and
(f) Any other information deemed necessary by the City Clerk for the license.Location of
brush disposal site.
3.2. Liability Insurance
No license or renewal of a license shall will be granted, nor shall the sameor be effective, until
the applicant has filed with the City ClerkCity Manager or their designee, proof of a general
liability insurance policy covering all operations of such applicant under this Chapter for the
sum of at least one million dollars ($1,000,000) $1 million per occurrence and two million
dollars ($2,000,000) $2 million annual aggregate and for at least one hundred thousand dollars
($100,000) against liability for damage or destruction of property. The City shall must be
named and the insurance provided shall must include the City as an additional party insured.
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Said policy shallThe policy must provide that it may not be cancelled by the insurer except
after ten (10) days written notice to the City, and if such insurance is so cancelled and licensee
shall will fail to replace the same with another policy conforming to the provisions of this
Chapter said license shall will be automatically suspended until such insurance shall have been
replaced.
4.3. Worker's Compensation Insurance
Each license applicant shall must file with the City ClerkCity Manager or their designee a
Certificate of Insurance evidencing that the applicant carries the statutory amounts of
Worker's Compensation when such insurance is required by
State Statute.
5.4. Chemical Treatment Requirements
Applicants who propose to use chemical substances in any activity related to treatment or
disease control of trees, shrubs or vines shall must file with the City Clerk proof that the
applicant or an employee of the applicant administering such treatment has been certified by
the Agronomy Division of the Minnesota Department of Agriculture as a "commercial
pesticide applicatorSuch certification shall must include knowledge of tree disease chemical
treatment.
6. Minnesota Tree Care Registry
All applicants must be registered with the Minnesota Department of Agriculture Tree Care
Registry.
6. Fees
The annual license fee is provided in the Fees Chapter of the Code.
104.13. Fees
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
104.14. Penalties
Any violation of this Chapter is a misdemeanor and is subject to penalties provided for such
violations under the provisions of Chapter 901 of this Code.
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Fridley City Code
Chapter 504. Winter Maintenance
504.01 Purpose
The purpose of this section is to protect the public health and safety arising out of the deposit,
accumulation, and/or storage of winter snow, deicers, and/or ice on the public streets, sidewalks,
bikeway/walkway, and other public or private property and to provide penalties for violations.
Nothing in this Chapter may be construed to prohibit the City of Fridley (City) from conducting
snow or ice plowing or removal activities.
504.02 Definitions
Base Flood: The flood having a one-percent chance of being equaled or exceeded in any given
6120.5000.
Bulk Deicer Storage Facilities: All temporary and permanent, indoor and outdoor, salt piles, salt
bag storage, sand piles and other storage of materials used for deicing and/or traction during
winter conditions that are more than two tons in solid form (or 250 gallons in liquid form).
Bulk Snow Storage: Fallen snow that is trucked, hauled, or moved to a defined location not
including incidental accumulations of snow occurring due to routine roadway snow plowing.
Deicer: Any substance used to melt snow and ice or used for its anti-icing effects.
Floodplain: The beds, channel and the areas adjoining a wetland, lake or watercourse, or other
source which have been or hereafter may be inundated by the base flood.
Private Property: Property owned by a person, firm, voluntary associations or corporations other
than a government body that is not generally open for use by the public.
Public Property: Property that may be used by the public subject to reasonable regulations by a
governmental body, including public rights-of-way for streets and highways.
Semi-public Property: Private property generally open for use by the public but not owned or
maintained by a governmental body. Such property includes without limitation church property,
school property, shopping centers and all other property generally used by patrons of a
commercial or private business establishment; including private streets and residential areas.
Snow Season: The time between the first snowfall after July 1 in a given year until the last snowfall
before June 30 in the subsequent year.
504.03 Snow Removal
1. The City will remove snow and ice from City streets, alleys, walks and trails on public
property that it maintains in accordance with its Snow and Ice Control Policy.
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2.!It is unlawful unless specifically approved by the City for any property owner to place or
have placed snow or ice from their property, driveway, or parking area onto or across any
public sidewalk, bikeway/walkway, street or highway which results in piles or rows on the
paved surface or upon the boulevard or property of another property owner without prior
permission whether done by themselves or their agent. The Director of Public Works or their
designee may give approval for temporary placement of snow from private property onto
public property, provided the snow will be removed within 48 hours following its placement
on City property.
504.04 Bulk Deicer Storage Facility Requirements
1. General Requirements
(a) Indoor operations for the bulk storage of deicing materials must be provided wherever
possible in order to prevent such materials from dissolving or otherwise transported or
affected by rain, snow and melt water.
(b) All salt, sand and other deicing materials stored outdoors must be covered at all times.
(1) When not using a permanent roof, a waterproof impermeable cover must be placed
over all storage piles (to protect against precipitation and surface water runoff). The
cover must prevent runoff and leachate from being transported from the outdoor
storage pile location. The cover must be secured to prevent its removal by wind or
other storm events.
(2) Any leaks, tears or damage to roofs or covers should be immediately repaired in a
temporary or permanent fashion during winter to reduce the entrance of precipitation.
Permanent repairs must be completed prior to the next winter season.
2. Facility Siting
(a) The facility may not be located on or within floodplains, storm drains, manholes, catch
basins, wetlands or any other areas likely to absorb runoff.
(b) The facility must be located entirely on an impermeable surface.
(c) The facility must be protected by grading or other appropriate measures to prevent the
intrusion of liquids including stormwater runoff.
3. Bulk Snow Storage. Bulk Snow Storage piles must be located downslope from salt and deicer
storage areas to prevent the snow melt from flowing through storage areas and carrying
material to the nearest drainage system or waterway.
4. Transfer of Materials. Practices must be implemented in order to reduce exposure (e.g.,
sweeping, diversions, and/or containment) when transferring salt or other deicing material
from the facility.
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504.05 Parking Lot, Sidewalk, and Private Road Sweeping Requirements
Accumulated deicer and/or material used for traction during winter conditions remaining
following snow and/or ice melt must be removed to avoid discharge into the storm sewer system
or downstream waterbodies.
504.06 Owner Responsibility
1. Every property owner is responsible for ensuring that during the winter snow and ice
season that residual snow or ice from the driveway and/or parking area is not placed onto the
sidewalk, bikeway/walkway, street or another property without the property
permission during the snow or ice removal activities.
2. Property owners must eliminate any hazardous snow or ice condition by clearing residual
snow and ice from walks or trails on adjacent Public Property that are plowed by the City in
accordance with its Snow and Ice Control Policy. Such clearing of snow and ice by property
owners will occur within 48 hours of cessation of any snowfall and any subsequent snow and
ice removal activities performed by or on behalf of the City.
3. The property owner is responsible for any violation of this Chapter whether the violation
is the result of their action or that of an agent or tenant of the property owner.
504.07 Penalties
1. Violation of this Chapter is a public nuisance as defined by the Public Nuisance Chapter of
the Code, and is subject to all penalties and remedies. In addition, violations of this Chapter
are subject to all penalties and remedies pursuant to Minnesota Statutes Chapter 429.
2. Upon the first violation of this section each Snow Season, the property owner will be issued
a warning notice, subsequent violations may result in a civil penalty.
3. The Snow Removal Penalty is outlined in the Fees Chapter of the Code.
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AGENDA REPORT
Meeting Date:February 13, 2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Energy Action Plan Updates
Background
At the November 9, 2021 meeting, the EQEC recommended adoption of Phase 2 of the Energy Action
Plan. The following activities were completed this past month:
None
The following activities are projected:
Tabling at HRA Open House (3/24/2024)
Door knocking Fridley Terrace (Spring 2024)
EV Showcase at Touch A Truck event (Fall 2024)
Recommendation
None
Attachments and Other Resources
None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date: February 13,2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Outreach and Events Updates
Background
Outreach at community events is an importantstrategy to build environmental awareness and increase
engagement. Events that have been completed since the last meeting as well as upcoming outreach
events are listed below.
Completed events (12/13-2/13)
Winterfest-1/20/2024
Confirmed events and topics
HRA Open House-3/27
Environmental Fun Fest with Pop-Up Community Toy Story-5/18
Potential Upcoming Events
Baby Gear Swap at ECFE Fall Festival
Recommendation
None
Attachments and Other Resources
None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date:February13,2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Grant Updates
Background
The purpose of this item is to provide Commissioners updates on sustainability grants held by the City.
Grants in the Pre-Application Stage
2024 Street Project Rain Gardens
Grants Under Review
LRIP Mississippi ST
Regional Solicitation Grant-MississippiSt Trail
Regional Solicitation Grant-Safe Routes to School
MWMO Grants and RCWD Grants for hydrodynamic separators in 2024 Street Project
CCWD Grant for Leaf Box and Vacuum
Active Grants
Recycling grant (ongoing)
th
Met Council Regional Solicitation Grant for 44Avenue Bridge w/ Anoka County
BWSR/RCWD grant for Moore Lake IESF project
University Avenue Lighting Project
Met Council Water Efficiency Grant pt 3
MDH Well Sealing Grant pt 3
RCWD grant for sumps in Farr Lake neighborhood
CCWD Water Quality Grant for Apex Pond
MnDOT Active Transportation grant for University Avenue Trails
DNR Preparing for Emerald Ash Borer Grant Pt. 3
Dog Waste Stations in Moore Lake Park
st
CDBG Grant for 61Avenue Parcel
Sylvan Hills Park Feasibility Study
DNR ReLeaf Grant
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Safe Streets and Roads for All Planning Grant to create a Safety Action Plan
!DNR Shade Tree Grant
Grants Closed (1/1/2024+)
!
Recommendation
!None
Attachments and Other Resources
!None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date:February 13, 2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Informal Status Reports
Background
Staff and Commissioners will share informal status reports on programs happening in the City.
Recommendation
None
Attachments and Other Resources
None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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