Ordinance No. 1226 02-13-2006ORDINANCE NO. 1226
OFFICIAL TITLE AND SUMMARY
I. Title
An ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code
Pursuant to Section 3 of the Fridley City Charter, to replace Chapter 208 — Erosion
Control with a new Chapter 208 — Stormwater Management and Erosion Control.
II. Summary
The City Council of the City of Fridley does hereby ordain as follows:
That Chapter 208 — Erosion Control is hereby deleted in it entirety and replaced with a
new Chapter 208 — Stormwater Management and Erosion Control. In summary, the new
Chapter 208 provides specifications for the submittal of Stormwater Pollution Control
Plans, controls to the rate of excess runoff, treatment of runoff, requirements for
inspections during and after construction, and securities requirements for maintenance of
stormwater management facilities.
III. Notice
This title and Summary has been published to clearly inform the public of the intent and
effect of the City of Fridley's Zoning ordinance. A copy of the ordinance, in its entirety,
is available for inspection by any person during regular business hours at the offices of
the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 13th DAY OF FEBRUARY 2006.
���
SCOTT J. LUND, AYOR
ATTE :
DEBRA A. SKOGE CITY CLERK
Public Hearing: December 12, 2005
First Reading: January 9, 2006
Second Reading: February 13, 2006
Published: March 9, 2006
ORDINANCE NO. 1226
AN ORDINANCE REPEALING CHAPTER 208 OF THE FRIDLEY CITY CODE
PERTAINING TO STORMWATER MANAGEMENT AND EROSION CONTROL
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 208 of the Fridley City Code be hereby repealed as follows:
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Section 2: That Section 208 of the Fridley City Code be hereby renamed Stormwater
Management and Erosion Control and amended as follows:
208.01 PURPOSE AND INTENT
The purpose of this ordinance is to control or eliminate storm water pollution alon� with soil
erosion and sedimentation within the City of Fridley. It establishes standards and specifications
for conservation practices and plannin� activities, which minimize storm water pollution, soil
erosion and sedimentation.
208.02 SCOPE
Except where a variance is r.°� anted, any person, firm, sole proprietorshi�, partnershi�,
corporation, state a.°�enc�, or political subdivision proposin� a land disturbance activity within
the City of Fridley shall a�plv to the city for the a�proval of the storm water pollution control
plan. No land shall be disturbed until the plan is a�proved by the city and conforms to the
standards set forth herein.
208.03 DEFINITIONS
These definitions a�plv to this ordinance. Unless specifically defined below, the words or
phrases used in this ordinance shall have the same meanin a.°� s they have in common usage.
When not inconsistent with the conte�t, words used in the present tense include the future tense,
words in the plural number include the sin�ular number, and words in the sin�ular number
include the plural number. The words "shall" and "must" are always mandatory and not merel�
directive.
Ordinance No. 1226 Page 6
1. A�plicant: Any person or .°�roup that a�plies for a building�ermit, subdivision a�proval, or a
permit to allow land disturbin� activities. A�plicant also means that person's a.°�ents, employees,
and others actin� under this person's or .°�roup's direction. The term "a�plicant" also refers to the
permit holder or holders and the permit holder's a.°�ents, employees, and others actin� under this
person's or .°�roup's direction.
2. Best Mana�ement Practices (BMPs): Erosion and sediment control and water qualitX
mana�ement practices that are the most effective and practicable means of controlling,
preventing, and minimizin� the de�radation of surface water, includin� construction-phasing,
minimizin� the len�th of time soil areas are exposed,�rohibitions, and other mana e'°� ment
practices published by state or desi�nated area-wide plannin� a�encies.
3. Common Plan of Development or Sale: A conti�uous area where multiple separate and
distinct land disturbin� activities may be takin�place at different times, or on different
schedules, but under one proposed plan. This item is broadly defined to include desi�n, permit
application, advertisement or physical demarcation indicatin� that land disturbin� activities ma�
occur.
4. Developer: Any person, �rou�, firm, corporation, sole proprietorshi�, partnershi�, state
a�enc�, or political subdivision thereof en�a�ed in a land disturbance activit�
5. Development: Any land disturbance activity that chan�es the site's runoff characteristics in
conjunction with residential, commercial, industrial or institutional construction or alteration.
6. Dischar�e: The release, conveyance, channeling, runoff, or draina�, of storm water,
includin� snowmelt, from a construction site.
7. Energy Dissipation: This refers to methods employed at pipe outlets to prevent erosion.
Examples include, but are not limited to; aprons, ripra�, splash pads, and �abions that are
desi n.°� ed to prevent erosion.
8. Erosion: Any process that wears away the surface of the land by the action of water, wind,
ice, or r.°� avity. Erosion can be accelerated by the activities of people and nature.
9. Erosion Control: Refers to methods employed to prevent erosion. Examples include soil
stabilization practices, horizontal slope r.°� ading, temporary or permanent cover, and
construction phasing_
10. Erosion and Sediment Practice Specifications or Practice: The mana e.°� ment procedures,
techniques, and methods to control soil erosion and sedimentation as officially adopted by the
state, count�, city or local watershed .°�rou�, whichever is most strin'°�ent.
11. Exposed Soil Areas: All areas of the construction site where the ve�etation (trees, shrubs,
brush r, � asses, etc.) or impervious surface has been removed, thus renderin� the soil more prone
to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the
Ordinance No. 1226
Page 7
construction site. It does not include temporary stockpiles or surchar�e areas of clean sand,
r.°� avel, concrete or bituminous. Once soil is exposed, it is considered "exposed soil," until it
meets the definition of "final stabilization."
12. Filter Strips: A ve�etated section of land desi�ned to treat runoff as overland sheet flow.
They may be desi�ned in any natural ve�etated form from a.°�rassy meadow to a small forest.
Their dense ve�etated cover facilitates pollutant removal and infiltration.
13. Final Stabilization: Means that all soil disturbin� activities at the site have been completed,
and that a uniform (evenly distributed, e.g;, without lar�e bare areas�perennial ve�etative cover
with a density of seventy-five (75�percent of the cover for unpaved areas and areas not covered
bv permanent structures has been established, or equivalent permanent stabilization measures
have been employed. Simplv sowin��rass seed is not considered final stabilization.
14. Hydric Soils: Soils that are saturated, flooded, or ponded lon.°� enou h.°� durin.°� the r.°� owing
season to develop anaerobic conditions in the u�per part.
15. Hydrophytic Ve�etation: Macrophytic (lar e.°� enou�h to be observed by the naked eye)
plant life r.°� owin� in water, soil or on a substrate that is at least periodically deficient in oxy�en
as a result of excessive water content.
16. 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 �reater quantities and at an
increased rate of flow than existed prior to development. Examples include rooftops, sidewalks,
patios, driveways, parkin.°� lots, stora e.°� areas, and concrete, asphalt, or �ravel roads.
17. Land Disturbance Activity: Any land chan�e that may result in soil erosion from water or
wind and the movement of sediments into or upon waters or lands within the City of Fridle�,
includin� construction, clearin�& ru.°� bbing, �rading, excavating, transportin� and filling of
land. Within the conte�t of this rule, land disturbance activity does not mean:
A Minor land disturbance activities such as home �ardens and an individual's home
landscaping, repairs, and maintenance work.
B. Additions or modifications to existing sin�le family structures that which result in
creatin� under five thousand (5,000) square feet of exposed soil or impervious surface.
C. Construction, installation, and maintenance of fences, signs,�osts,�oles, and electric,
telephone, cable television, utility lines or individual service connections to these
utilities, which result in creatin� under five thousand (5,000) square feet of exposed soil
or impervious surface.
D. Tilling, planting, or harvestin.°� of a�ricultural, horticultural, or forest crops.
E. Emer.°�ency work to protect life, limb, or property and emer.°�ency repairs, unless the land
disturbin� activity would have otherwise required an a�proved erosion and sediment
Ordinance No. 1226
Page 8
control plan, except for the emer.°�ency. If such a plan would have been required, then
the disturbed land area shall be shaped and stabilized in accordance with the City of
Fridley's requirements as soon as possible.
F. Street and utility reconstruction projects that result in a net increase in impervious area
of less than 5%.
18. Native Ve�etation: The presettlement (Already existin� in Minnesota at the time of
statehood in 1858 roup of plant species native to the local re.°�ion, that were not introduced as a
result of European settlement or subsequent human introduction.
19. Ordinary Hi�h Water Mark Minnesota Statute 103G.005, subdivision 14 defines.
"Ordinary hi�h water level" as the boundary of waterbasins, watercourses,�ublic waters, and
public waters wetlands, and:
(1) the ordinary hi�h water level is an elevation delineatin t.°� he hi�hest water level that
has been maintained for a sufficient period of time to leave evidence upon the
landscape, commonly the point where the natural ve�etation chan�es from
predominantly aquatic to predominantly terrestrial;
(2) for watercourses, the ordinary hi�h water level is the elevation of the top of the bank
of the channel; and
(3) for reservoirs and flowages, the ordinary hi�h water level is the operatin� elevation of
the normal summer pool.
The term "ordinary hi�h water mark" is further defined in Minnesota Rule
6120.2500, subpart 11. Ordinary hi�h water marks are determined by the Minnesota
Department of Natural Resources' area hydrologist.
20. Paved Surface: A constructed hard, smooth surface made of asphalt, concrete or other
pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and
parkin'°� lots.
21. Permanent Cover. Means "final stabilization." Examples include .°�rass, �ravel, asphalt, and
concrete. See also the definition of "final stabilization."
22. Permit: With in the conte�t of this code a"permit" is a written warrant or license r.°� anted
for construction, subdivision a�proval, or to allow land disturbin� activities
23. Phased Project or Development: Clearing a parcel of land in distinct phases, with at least
fift�percent (50%) of the project's preceding�hase meetin� the definition of "final stabilization"
and the remainder proceedin� toward completion, before be i.°� nnin� the ne�t phase of clearing_
24. Runoff Coefficient: The fraction of total precipitation that is not infiltrated into or
otherwise retained by the soil, concrete, asphalt or other surface upon which it falls, that will
Ordinance No. 1226
Page 9
appear at the conveyance as runoff. This coefficient is usually estimated for an event or on an
avera�e annual basis.
25. Sediment: The product of an erosion process; solid material both mineral and or.°�anic, that
is in suspension, is bein t.°� ransported, or has been moved by water, wind, or ice, and has come
to rest on the earth's surface either above or below water level.
26. Sedimentation: The process or action of depositin� sediment.
27. 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, draina�e swales, check dams, subsurface drains,�ipe slope drains, storm drain inlet
protection, and temporary or permanent sedimentation basins.
28. Si�nificant Redevelopment: Alterations of a property that chan�es the "footprint" of a site
or buildin� in such a way that results in the disturbance of over one (1) acre of land. This term
is not intended to include activities, which would not be expected to cause adverse storm water
quality impacts and offer no new o�portunity for storm water controls, such as e�terior
remodelin�.
29. Soil: The unconsolidated mineral and or�anic material on the immediate surface of the
earth. For the purposes of this document, temporary stockpiles of clean sand, �ravel, ag�regate,
concrete or bituminous materials are not considered "soil" stockpiles.
30. Stabilized: The exposed �round surface after it has been covered by sod, erosion control
blanket, ripra�, pavement or other material that prevents erosion. Simplv sowin��rass seed is
not considered stabilization.
31. Steep Slope: Any slope steeper than fifteen (15�percent (Fifteen (15) feet of rise for everX
one hundred (100) feet horizontal run�
32. Storm Water: Under Minnesota Rule 7077.0105, subpart 41b storm water, "means
precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and
draina.°�e."(Accordin� to the Code of Federal Re�ulations (CFR) under 40 CFR 122.26 [bl f 131,
"Storm water means storm water runoff, snow melt runoff and surface and drainage_"). Storm
water does not include construction site dewaterin�.
33. Storm Water Pollution Control Plan: A joint storm water and erosion and sediment control
plan that is a document containin t.°� he requirements of Section 208.05, that when implemented
will decrease soil erosion on a parcel of land and off-site nonpoint pollution. It involves both
temporary and permanent controls.
34. Stormwater Pond or Basin: A permanent man-made structure used for the temporarX
stora�e of runoff. Detention Pond is considered a permanent man-made structure containing a
temborarv bool of water. A Retention Pond or a Wet Retention Facilitv is considered a
permanent man-made structure containing a permanent pool of water.
Ordinance No. 1226
Page 10
35. Structure: Anythin� manufactured, constructed or erected which is normally attached to or
positioned on land, includin�portable structures, earthen structures, roads,�arkin'°� lots, and
paved stora�e areas.
36. Subdivision: Any tract of land divided into buildin� lots for private,�ublic, commercial,
industrial, etc. development. Minnesota Rule 6120.2500, subpart 17 defines subdivision as,"
land that is divided for the purpose of sale, rent, or lease, includinu�planned unit development."
37. Temporary Protection: Short-term methods employed to prevent erosion. Examples of such
protection are straw, mulch, erosion control blankets, wood chips, and erosion netting_
38. Ve�etated or Grassy Swale: A ve�etated earthen channel that conveys storm water, while
treatin� the storm water by biofiltration. Such swales remove pollutants by both filtration and
infiltration.
39. Very Steep Slope: Any slope steeper than one foot of rise for each three feet of horizontal
run (Thirty-three (33�percent slope
40. Waters of the State: As defined in Minnesota Statutes section 115.01, subdivision 22 the
term ". "'waters of the state' means all streams, lakes, ponds, marshes, watercourses,
waterways, wells, sprin�s, reservoirs, aquifers, irri at.°� ion systems, draina.°�e systems and all
other bodies or accumulations of water, surface or under r.°� ound, natural or artificial,�ublic or
private, which are contained within, flow throu�h, or border upon the state or any portion
thereof."
41. Wetlands: As defined in Minnesota Rules 7050.0130, subpart F, ". .`wetlands' are those
areas that are inundated or saturated by surface water or �roundwater at a frequency and
duration sufficient to su�port, and that under normal circumstances do su�port, a prevalence of
ve�etation ty�ically adapted for life in saturated soil conditions. Wetlands e.°� nerally include
swamps, marshes, bo�s, and similar areas. Constructed wetlands desi�ned for wastewater
treatment are not waters of the state. Wetlands must have the followin� attributes:
A. A predominance of hydric soils;
B. Inundated or saturated by surface water or �roundwater at a frequency and duration
sufficient to su�port a prevalence of hydrophytic ve�etation ty�ically adapted for life in
a saturated soil condition; and
C.) Under normal circumstances su�port a prevalence of such ve�etation."
208.04 TECHNICAL GUIDES
The followin� handbooks are adopted by reference:
1. "Protectin� Water Quality in Urban Areas", Minnesota Pollution Control Agency
Ordinance No. 1226
Page 11
2. "Storm-Water and Wetlands: Plannin� and Evaluation Guidelines for Addressing
Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on Wetlands",
Minnesota Pollution Control A.°�encX
3. "Minnesota Urban Small Sites BMP Manual", Metropolitan Council
www. metrocouncil. org/environment/environment.htm
4. "Storm Water Mana�ement for Construction Activities: Developin� Pollution
Prevention Plans and Best Mana�ement Practices", United States Environmental
Protection A.°�encX
5. "Erosion Control Desi�n Manual", Minnesota Department of Transportation
6. "Field Office Technical Guide of the United States Department of A�riculture", Soil
Conservation Service
7. "Soil Survey of Anoka County", developed by the United States Department of
A�riculture, Soil Conservation Service
8. Minnesota Construction Site Erosion and Sediment Control Plannin� Handbook
208.05 STORMWATER POLLUTION CONTROL PLAN
Every a�plicant for a building�ermit, subdivision a�proval, or a permit to allow land disturbing
activities must submit a storm water pollution control plan to the city en�ineer. No building
permit, subdivision a�proval, or permit to allow land disturbin� activities shall be issued until
the city a�proves this plan.
1. Storm Water Runoff Rates. Release rates from storm water treatment basins shall not
increase over the predevelopment twenty-four (24) hour two (2) vear, ten (10) vear and one
hundred (100�year peak storm dischar e.°� rates, based on the last ten (l0�years of how that land
was used. Accelerated channel erosion must not occur as a result of the proposed activity. For
dischar�es to wetlands volume control is more important than dischar�e rate control.
2. The Storm Water Pollution Control Plan and the Gradin� Plan. The storm water pollution
control plan's measures, the limit of disturbed surface shall be marked on the a�proved r.°� ading
plan, and identified with fla�s, stakes, si�ns etc. on the development site before work be.°�ins.
3. Inspections of the Storm Water Pollution Control Plan's Measures. At a minimum, such
inspections shall be done weekly by the developer or the developer's desi�nated representative,
and within twenty-four (24) hours after every storm or snow melt event lar e.°� enou�h to result in
runoff from the site (�proximately 0.25 inches or more in twenty-four (24) hours). At a
minimum, these inspections shall be done durin� active construction.
4. Minimum Requirements of the Storm Water Pollution Control Plan. The plan shall contain
or consider:
A. The name and address of the a�plicant and the location of the activit�
B. Project description: the nature and purpose of the land disturbin� activity and the
amount of r.°� ading, utilities, and buildin� construction involved.
Ordinance No. 1226
Page 12
C. Phasin� of construction: time frames and schedules for the project's various aspects.
D. A map of the existin� site conditions: existing topograph�, property information, stee�
and very steep slopes, existin� draina.°�e systems/patterns, ty�e of soils, waterways,
wetlands, ve�etative cover, and one hundred (100�year flood plain boundaries.
E. A site construction plan that includes the location of the proposed land disturbing
activities, stockpile locations, erosion and sediment control plan, construction schedule,
and the plan for the maintenance and inspections of the storm water pollution control
measures.
F. Adjacent areas: nei h.°� borin� streams, lakes, residential areas, roads, etc., which mi h'°� t be
affected by the land disturbin a.°� ctivit�
G. Desi�nate the site's areas that have the potential for serious erosion problems.
H. Erosion and sediment control measures: the methods that will be used to control erosion
and sedimentation on the site, both durin� and after the construction process.
LPermanent stabilization: how the site will be stabilized after construction is completed, includin�
specifications, time frames or schedules.
J. Calculations: any that were made for the desi�n of such items as sediment basins, wet
detention basins, diversions, waterways, infiltration zones and other a�plicable practices.
5. General Storm Water Pollution Control Plan Criteria. The plan shall address the following_
A. Stabilizin a.°� 11 exposed soils and soil stockpiles and the related time frame or schedule.
B. Establishinu�permanent ve�etation and the related time frame or schedule.
C. Preventin� sediment dama e.°� to adjacent properties and other desi�nated areas such as
streams, wetlands, lakes and unique ve�etation (Oak r.°� oves, rare and endan e.°� red
species habitats, etc.)
D. Schedulin� for erosion and sediment control practices.
E. Where permanent and temporary sedimentation basins will be located.
F. En in.°� eerin� the construction and stabilization of steep and very steep slopes.
G. Measures for controllin.°� the quality and quantity of storm water leavin.°� a site.
H. Stabilizin� all waterways and outlets.
I. Protectin� storm sewers from the entrance of sediment.
Ordinance No. 1226
Page 13
J. What precautions will be taken to contain sediment, when workin� in or crossin.°� water
bodies.
K. Restabilizin.°� utility construction areas as soon as possible.
L. Protectinu�paved roads from sediment and mud brou�ht in from access routes.
M. The eventual disposin o.°� f temporary erosion and sediment control measures.
N. How the temporary and permanent erosion and sediment controls will be maintained.
O. The disposal of collected sediment and floatin� debris.
Minimum Storm Water Pollution Control Measures and Related Insbections. These
minimum control measures are required where bare soil is exposed. Due to the diversity of
individual construction sites, each site will be individually evaluated. Where additional control
measures are needed, they will be specified at the discretion of the city en�ineer. The city will
determine what action is necessarv.
A. All r.°� adin�plans and buildin� site surveys must be reviewed by the city for the
effectiveness of erosion control measures in the conte�t of site topography and drainage.
B. Sediment control measures must be properly installed by the builder before construction
activity be�ins. Such structures may be adjusted during dry weather to accommodate
short term activities, such as those allowin.°� the passa�e of very lar�e vehicles. As soon
as this activity is finished or before the ne�t runoff event, the erosion and sediment
control structures must be returned to the confi�uration specified by the city. A sediment
control inspection must then be scheduled, and passed before a footin.°� inspection will
be done.
C. Diversion of channeled runoff around disturbed areas, if practical, or the protection of
the channel.
D. Easements. If a storm water mana e.°� ment plan involves directin� some or all of the site's
runoff, the a�plicant or his desi�nated representative shall obtain from adjacent propertX
owners any necessary easements or other property interests concernin� the flowing of
such water.
E. The schedulin� of the site's activities to lessen their impact on erosion and sediment
creation, so as to minimize the amount of exposed soil.
F. Control runoff as follows (Either 1 and 2 or 1 and 3�
(1) Unless precluded by moderate or heavy snow cover (Mulchin� can still occur if a
li�ht snow cover is present.�, stabilize all exposed inactive disturbed soil areas within
Ordinance No. 1226
Page 14
two hundred (200) feet of any water of the state, or within two hundred (200) feet of
any conveyance (curb, �,utter, storm sewer inlet, draina e.°� ditch, etc.) with sod, seed
or weed-free mulch. This must be done, if the a�plicant will not work the area for
seven (7) days on slopes �reater than three (3) feet horizontal to one (1) foot vertical
(3:1�, fourteen (14) days on slopes rangin� from 3:1 to 10:1 and twenty-one (21�
days for slopes flatter than 10:1.
(2) For disturbed areas �reater than five (5) acres construct temporary or permanent
sedimentation basins. Sedimentation basins must have a minimum surface area
eaual of at least 1% of the area drainin� to basin, and be constructed in accordance
with accepted design specifications includin� access for operations and maintenance.
Basin dischar�e rates must also be controlled to prevent erosion in the discharge
channel.
(3) For disturbed areas less than five (5) acres sedimentation basins are encouraged, but
not required, unless required by the city en�ineer. The a�plicant shall install erosion
and sediment controls at locations directed by the city. Minimum requirements
include silt fences, rock check dams, or other equivalent control measures along
slopes. Silt fences are required alon� channel ed�es to reduce the amount of
sediment reachin� the channel. Silt fences, rock check dams, etc. must be re u.°� larl�
inspected and maintained. The a�plicant is also required to obtain a National
Pollutant Dischar�e Elimination System/State Disposal System (NPDES/SDS�
construction storm water permit from the Minnesota Pollution Control A.°�ency for
any project that disturbs one (1) acre or more of land. This one acre value also
applies to a common plan of development or sale.
G. Sediment basins related to impervious surface area. Where a project's ultimate
development replaces surface ve�etation with one (1) or more acres of cumulative
impervious surface, and all runoff has not been accounted for in a local unit of
�overnment's existin� storm water mana e.°� ment plan or practice, the runoff must be
dischar�ed to a wet sedimentation basin prior to enterin� waters of the state.
(1) At a minimum the work shall conform with the current version of the Minnesota
Pollution Control Agency's publication, "Protectin� Water Quality in Urban Areas,"
and the current requirements found in the same a'°�ency's NPDES/SDS permits for
storm water associated with construction activities.
H. Generall�, sufficient silt fence shall be required to hold all sheet flow runoff �enerated at
an individual site, until it can either infiltrate or seep throu�h silt fence's pores.
I. Temporary stockpilin o.°� f fifty (50) or more cubic yards of excess soil on any lot or other
vacant area shall not be allowed without issuance of a�radin� bermit for the earth
movin a.°� ctivity in question.
J. For soil stockpiles �reater than ten (10) cubic yards the toe of the pile must be more than
twenty-five (25) feet from a road, draina�e channel or storm water inlet. If such
Ordinance No. 1226
Page 15
stockpiles will be left for more than seven (7) days, they must be stabilized with mulch,
ve et.°� ation, tarps or other means. If left for less than seven (7) days, erosion from
stockpiles must be controlled with silt fences or rock check dams.
(1) If for any reason a soil or non-soil stockpile of any size is located closer than twent�
five (25)feet from a road, draina�e channel or storm water inlet, and will be left for
more than seven (7) days, it must be covered with tarps or controlled in some other
manner.
(2) All non-soil (clean sand, �ravel, concrete or bituminous) must at a minimum have a
silt fencin� or other effective sediment control measures installed.
K. All sand, �ravel or other mining operations takin�place on the development site shall
applv for a Minnesota Pollution Control A.°�ency National Pollutant Discharge
Elimination System General Storm Water permit for industrial activities and all required
Minnesota Debartment of Natural Resources bermits.
L. Temporary rock construction entrances, or equally effective means of preventing
vehicles from trackin� sediment from the site, may be required wherever vehicles enter
and exit a site.
(1) Vehicle trackin� of sediment from the site must be minimized by BMPs such as
stone pads, concrete or steel wash racks, or equivalent systems. Street sweeping
must be used if such BMPs are not adeauate.
M. Parking is prohibited on all bare lots and all temporary construction entrances, exce�t
where street parkin� is not available. Gravel entrances are to be used for deliveries on1X
as per the development contract.
N. Streets must be cleaned and swept whenever trackin� of sediments occurs. Sediment
shall not be allowed to remain on the streets if the site is to be left idle for weekends or
holidays. A re�ular sweepin� schedule should be established.
O. Water (impacted by the construction activit�) removed from the site by pumpin.°� must
be treated by temporary sedimentation basins, �eote�tile filters, �rit chambers, sand
filters, up-flow chambers, hydro-cyclones, swirl concentrators or other a�propriate
controls. Such water shall not be dischar�ed in a manner that causes erosion or flooding
of the site, receivin� channels, adjacent property or a wetland.
P. All storm drain inlets must be protected durin� construction until control measures are in
place with either silt fence or an equivalent barrier that meets accepted desi�n criteria,
standards and specifications as contained in the latest version of the Minnesota Pollution
Control Agency's publication, "Protectin� Water Quality in Urban Areas."
Ordinance No. 1226
Page 16
Q. Roof drain leaders. All newly constructed and reconstructed buildin�s shall route roof
drain leaders to pervious areas (not natural wetlands) where the runoff can infiltrate
whenever practical. The dischar�e rate shall be controlled so that no erosion occurs in
the pervious areas.
R. Removal from the project's site of more than one (1) acre of topsoil shall not be done,
unless written permission is iv.°� en by the city en�ineer. Excessive removal of topsoil from
the project's site can cause si�nificant current and future soil erosion problems.
S. Inspection and maintenance. All storm water pollution control mana�ement facilities
must be desi�ned to minimize the need of maintenance, to provide easy vehicle
(tvpically ei.°�ht (8) feet or wider) and personnel access for maintenance purposes and be
structurallv sound. These facilities must have Storm Water Maintenance A�reement that
ensures continued effective removal of the pollutants carried in storm water runoff. The
owner shall inspect all storm water mana�ement facilities durin� construction, twice
durin� the first year of operation and at least once every vear thereafter. The city will
keep all inspection records on file for a period of six (6) vears.
(1) Inspection and maintenance easements. It shall be the responsibility of the a�plicant
to obtain any necessary easements or other property interests to allow access to the
storm water mana�ement facilities for inspection and maintenance purpose.
T. Follow-up inspections must be performed by the owner on a re�ular basis to ensure that
erosion and sediment control measures are properly installed and maintained. In all cases
the inspectors will attempt to work with the a�plicant and/or builder to maintain proper
erosion and sediment control at all sites.
(1) In cases where cooperation is withheld, construction stop orders may be issued bX
the cit�, until all erosion and sediment control measures meet specifications. A
second erosion and sediment controU r.°� adin.°� inspection must then be scheduled and
passed before the final inspection will be done.
U. All infiltration areas must be inspected to ensure that sediment from on.°�oing
construction activities is not reachin� infiltration areas, and that these areas are also
beinu�protected from soil compaction from the movement of construction equipment.
7. Permanent Storm Water Pollution Controls.
A. The a�plicant shall install and construct all permanent storm water mana e.°� ment
facilities necessary to mana�e increased runoff, so that the dischar�e rates from storm
water treatment basins, such that the predevelopment twenty-four (24) hour two (2) vear,
ten (l0�year, and one hundred (100�year peak storm dischar�e rates are not increased.
These predevelopment rates shall be based on the last ten (10) vears of how that land
was used. Accelerated channel erosion must not occur as a result of the proposed land
disturbin� or development activit�
Ordinance No. 1226
Page 17
(1) All calculations and information used in determinin� these peak storm discharge
rates shall be submitted alon� with the storm water pollution control plan.
B. The a�plicant shall consider reducin� the need for permanent storm water mana e.°� ment
facilities by incorporatin� the use of natural topography and land cover such as natural
swales and depressions as they exist before development to the de�ree that they can
accommodate the additional flow of treated (e.�., settled) water without compromising
the integrity or quality of the wetland or pond.
C. The followin�permanent storm water mana e.°� ment practices must be investi at.°� ed in
developin� the storm water mana e.°� ment part of the storm water pollution control plan in
the followin� descendin� order of preference:
(1) Protect and preserve as much natural or ve�etated area on the site as possible,
minimizing impervious surfaces. Direct runoff to ve�etated areas rather than to
adjoinin st.°� reets, storm sewers and ditches.
(2) Flow attenuation of treated storm water by the use of open ve�etated swales and
natural depressions.
(3) Storm water pondin� facilities (includinu�percolation facilities�; and
(4) A combination of successive practices may be used to achieve the a�plicable
minimum control requirements specified in subsection (C) above. The a�plicant
shall provide justification for the method selected.
D. Redevelopment of existin�parcels must provide treatment of stormwater from
impervious surfaces even if the amount of impervious remains the same or is reduced.
Treatment may be accomplished throu�h the use of pondin a.°� reas, infiltration areas, or
structural stormwater treatment devices.
The a�plicant shall submit documentation showin� the chosen method will remove in
excess of 80% of suspended solids and other pollutants from a 1.5 inch 24 hour storm
event.
E.The a�plicant shall be required to si�n and file a Stormwater Maintenance A�reement
that ensures continued effective removal of the pollutants carried in storm water runoff.
The A�reement also ensures continued maintenance, cleanin a.°� nd upkeep of the facilit�
8. Minimum Desi�n Standards for Storm Water Wet Detention Facilities. At a minimum these
facilities must conform to the most current technology as reflected in the current version of the
Minnesota Pollution Control Agency's publication, "Protectin� Water Quality in Urban Areas"
and the current requirements found in the same a.°�ency's NPDES permits for storm water
associated with construction activities.
Ordinance No. 1226
9. Minimum Protection for Natural Wetlands.
Page 18
A.Runoff must not be dischar�ed directly into wetlands without a�propriate quality (e.i.,
treated) and quantity runoff control, dependin� on the individual wetland's ve et.°� ation
sensitivitv. See the current version of the Minnesota Pollution Control A�encd s
publication, "Storm-Water and Wetlands: Plannin� and Evaluation Guidelines for
Addressin� Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on
Wetlands" for �uidance.
B. Wetlands must not be drained or filled, wholly or partiall�, unless replaced by either
restorin� or creatin� wetland areas of at least equal public value. Compensation,
includin t.°� he replacement ratio and quality of replacement should be consistent with the
requirements outlined in the Board of Water and Soil Resources rules that implement the
Minnesota Wetland Conservation Act of 1991 including any and all amendments to it.
C. Work in and around wetlands must be �uided by the followinu�principles in descending
order of priorit�
(1) Avoid both the direct and indirect impact of the activity that may destroy or diminish
the wetland.
(2) Minimize the impact by limitin� the de�ree or ma�nitude of the wetland related
activitv.
(3) Rectify the impact by repairing, rehabilitating, or restorin� the affected wetland
environment with one of at least equal public value.
(4) Reduce or eliminate the adverse impact over time by preservation and maintenance
operations durin� the life of the activit�
10. Models/Methodolo�ies/Computations. Hydrolo�ic models and desi�n methodolo�ies used
for the determinin� runoff characteristics and analyzin� storm water mana�ement structures
must be a�proved by the city en�ineer. Plans, specifications and computations for storm water
mana�ement facilities submitted for review must be sealed and si n.°� ed by a re is.°� tered
professional en�ineer. All computations must a�pear in the plans submitted for review, unless
otherwise a�proved by the city en i.°� neer.
208.06 REVIEW
The city en�ineer shall review the storm water pollution control plan.
1. Permit Required. If the city determines that the storm water pollution control plan meets the
requirements of this ordinance, the city shall issue a permit valid for a specified period of time,
that authorizes the land disturbance activity contin�ent on the implementation and completion
of the storm water pollution control plan.
Ordinance No. 1226
Page 19
2. Permit Denial. If the city determines that the storm water pollution control plan does not
meet the requirements of this ordinance, the city shall not issue a permit for the land disturbance
activitv.
A. All land use and buildin�permits for the site in question must be suspended until the
applicant has an a�proved storm water pollution control plan.
3. Permit Suspension and Revocation If the storm water pollution control plan is not being
implemented the city can suspend or revoke the permit authorizin� the land disturbance activit�
208.07 MODIFICATION OF PLAN
An a�proved storm water pollution control plan may be modified on submission of a written
application for modification to the cit�, and after written a�proval by the city en�ineer. In
reviewin� such an a�plication, the city en�ineer may require additional reports and data.
1. Records Retention. The city shall retain the written records of such modifications for at least
three ( 3 �years.
208.08 FINANCIAL SECURITIES
The a�plicant shall provide a financial security for the performance of the work, in conjuction
with a buildin�permit or land alteration permit, described and delineated on the a�proved
r.°� ading�lan involvin� the storm water pollution control plan and any storm water and pollution
control plan related remedial work in, at a rate of three thousand dollars ($3,OOO�per acre for
the maximum acrea�e of soil that will be simultaneously exposed to erosion durin.°� the project's
construction. (See the definitions of "exposed soil area" and "final stabilization" for
clarification.) This security must be available prior to commencin.°� the project. The form of the
security must be:
A. By cash security deposited to the city for thirty percent (30%) of the total financial
security when less than five (5) acres of soil will be simultaneously exposed. When over
five (5) acres of soil will be simultaneously exposed to erosion, then the cash securitX
increases to the first five thousand dollars ($5,000) or ten percent (10%) of the total
financial securit�, whichever is rg eater.
B. The remainder of the financial security shall be placed either with the cit�, a responsible
escrow a.°�ent, or trust compan�, at the option of the cit�, mone�, an irrevocable letter of
credit, ne�otiable bonds of the kind a�proved for securing deposits of public money or
other instruments of credit from one or more financial institutions, subject to re ul.°� ation
bv the state and federal �overnment wherein said financial institution pled�es that the
funds are on deposit and �uaranteed for payment. This security shall save the city free
and harmless from all suits or claims for dama�es resultin� from the ne li��ent r.°� ading,
removal,�lacement or stora�e of rock, sand, �ravel, soil or other like material within the
city. The ty�e of security must be of a ty�e acceptable to the cit�
Ordinance No. 1226
Page 20
C. The city may request a�reater financial securit�, if the city considers that the
development site is especially prone to erosion, or the resource to be protected is
especially valuable.
D. If more soil is simultaneously exposed to erosion than ori i.°� nally planned, the amount of
the security shall increase in relation to this additional exposure.
L MAINTAINING THE FINANCIAL SECURITY
If at anytime durin� the course of the work this amount falls below 50% of the required deposit,
the a�plicant shall make another deposit in the amount necessary to restore the deposit to the
required amount within five (5) days. Otherwise the city ma�
A. Withhold the schedulin� of inspections and/or the issuance of a Certificate of
Occupanc�
B. Revoke any permit issued by the city to the a�plicant for the site in question and an�
other of the a�plicant's sites within the city's jurisdiction.
2. PROPORTIONAL REDUCTION OF THE FINANCIAL SECURITY
When more than one-third of the a�plicant's maximum exposed soil area achieves final
stabilization, the city can reduce the total required amount of the financial security by one-third,
if recommended in writing by the city en�ineer. When more than two-thirds of the a�plicant's
maximum exposed soil area achieves final stabilization, the city can reduce the total required
amount of the financial security by two-thirds of the initial amount, if recommended in writin�
bv the city en i.°� neer.
3. ACTION AGAINST THE FINANCIAL SECURITY
The city may act a�ainst the financial securit�, if any of the conditions listed below exist. The
city shall use funds from this security to finance any corrective or remedial work undertaken bX
the city or a contractor under contract to the city and to reimburse the city for all direct cost
incurred in the process of remedial work including, but not limited to, staff time and attorney's
fees.
A. The abblicant ceases land disturbin� activities and/or fillin� and abandons the work site
prior to completion of the city a�proved r.°� adinu�plan.
B. The a�plicant fails to conform to any city a�proved r.°� adinu�plan and/or the storm water
pollution control plan as a�proved by the cit�, or related su�plementary instructions.
C. The techniques utilized under the storm water pollution control plan fail within one (1)
year of installation.
Ordinance No. 1226
D. The a�plicant fails to reimburse the city for corrective action taken under 208.09.
E. Emer.°�ency action under either 208.08.4 (below) or an�part of 208.09.
4. EMERGENCY ACTION
Page 21
If circumstances exist such that noncompliance with this ordinance poses an immediate danger
to the public health, safety and welfare, as determined by the city en i.°� neer, the city may take
emer.°�ency preventative action. The city shall also take every reasonable action possible to
contact and direct the a�plicant to take any necessary action. Any cost to the city may be
recovered from the a�plicant's financial securit�
5. RETURNING THE FINANCIAL SECURITY
Any unspent amount of the financial security deposited with the city for faithful performance of
the storm water pollution control plan and any storm water and pollution control plan related
remedial work must be released not more than one (1) full year after the completion of the
installation of all such measures and the establishment of final stabilization.
208.09 NOTIFICATION OF FAILURE OF THE STORM WATER POLLUTION
CONTROL PLAN
The city shall notify the a�plicant, when the city is .°�oin� to act on the financial securities part
of this ordinance.
1. NOTIFICATION BY THE CITY
The initial contact will be to the party or parties listed on the a�plication and/or the storm water
pollution control plan as contacts. Except durin� an emer.°�ency action under 208.08.4, fort�
ei�ht (48) hours after notification by the city or seventy-two (72) hours after the failure of
erosion control measures, whichever is less, the city at its discretion, may be�in corrective
work Such notification should be in writing, but if it is verbal, a written notification should
follow as quickly as practical. If after making a�ood faith effort to notify the responsible partX
or parties, the city has been unable to establish contact, the city ma�proceed with the corrective
work.
A. There are conditions when time is of the essence in controllin� erosion. Durin� such a
condition the city may take immediate action, and then notify the a�plicant as soon as
possible.
2. EROSION OFF-SITE
If erosion breaches the perimeter of the site, the a�plicant shall immediately develop a cleanu�
and restoration plan, obtain the ri�ht-of-entry from the adjoinin�property owner, and
implement the cleanup and restoration plan within forty-ei.°�ht (48) hours of obtainin.°� the
adjoininu�property owner's permission. In no case, unless written a�proval is received from the
Ordinance No. 1226
Page 22
cit�, shall more than seven (7) calendar days .°�o by without corrective action bein� taken. If in
the discretion of the cit�, the a�plicant does not repair the dama�e caused by the erosion, the
city may do the remedial work required and char�e the cost to the a�plicant.
3. EROSION 1NT0 STREETS_ WETLANDS OR WATER BODIES
If eroded soils (includin� tracked soils from construction activities) enter or a�pear likely to
enter streets, wetlands, or other water bodies,�revention strategies, cleanup and repair must be
immediate. The a�plicant shall provide all traffic control and flagging required to protect the
traveling�ublic durin� the cleanup operations.
4. FAILURE TO DO CORRECTIVE WORK
When an a�plicant fails to conform to any provision of 208.08 or 208.09 within the time
stipulated, the city may take the followin� actions:
A. Withhold the schedulin� of inspections and/or the issuance of a Certificate of
Occupanc�
B. Suspend or revoke an�permit issued by the city to the a�plicant for the site in question or
any other of the a�plicant's sites within the city's jurisdiction.
C. Direct the correction of the deficiency by city forces or by a separate contract. The
issuance of a permit for land disturbance activity constitutes a ri�ht-of-entry for the citX
or its contractor to enter upon the construction site for the purpose of correctin� erosion
control deficiencies.
D. All costs incurred by the city in correctin� storm water pollution control deficiencies
must be reimbursed by the a�plicant. If payment is not made within thirty (30) days after
costs are incurred by the cit�, payment will be made from the a�plicant's financial
securities as described in 208.08.
E. If there is an insufficient financial amount in the a�plicant's financial securities as
described in 208.08, to cover the costs incurred by the cit�, then the city may assess the
remainin� amount a�ainst the property. As a condition of the permit for land disturbance
activities, the owner shall waive notice of any assessment hearin� to be conducted by the
cit�, concur that the benefit to the property exceeds the amount of the proposed
assessment, and waive all ri h.°� ts by virtue of Minnesota Statute 429.081 to challen.°�e the
amount or validity of the assessment.
208.10 VARIANCE
In any case where, upon a�plication of the responsible person or persons, the city finds that bX
reason of exceptional circumstances, strict conformity with this ordinance would be
Ordinance No. 1226
Page 23
unreasonable, impractical, or not feasible under the circumstances; the city in its discretion ma�
�rant a variance therefrom upon such conditions as it may prescribe for prevention, control, or
abatement of pollution in harmony with the e.°� neral purposes of this ordinance. The public shall
be a�iven the o�portunity for comment.
1. Variance Request. The variance request must be in writin� in a form acceptable to the cit�
2. Variance Public Notice. The variance request shall be public noticed in the normal manner
used for city council meetin i.°� tems, to allow the public an o�portunity for comment.
3. Variance Determination. After the public has been �iven the ri�ht to comment, the variance
shall either be a�proved or disa�proved by a vote of the city council.
4. Variance Response. The variance response must be in writing, and include the justification
for either r.°� antin� or denyin� the requested variance. A favorable response shall also include
any special conditions imposed by the cit�
5. Time Limit. If the variance is not acted upon within one (1) vear of bein� rg anted, the
variance shall become void.
Revocation. If anv of the variance's conditions are violated_ the citv mav revoke the
variance.
208.11 ENFORCEMENT
The city shall be responsible enforcin� this ordinance.
1. Penalties. Any person, firm, or corporation failin� to complv with or violating any of these
re�ulations, shall be deemed uilty of a misdemeanor and be subject to a fine or imprisonment
or both as defined in Chapter 901. All land use and buildinu�permits shall be suspended until the
applicant has corrected the violation. Each day that a separate violation exists shall constitute a
separate offense.
208.012 RIGHT OF ENTRY AND INSPECTION
1. Powers. The a�plicant shall promptly allow the city and their authorized representatives,
upon presentation of credentials to:
A. Enter upon the permitted site for the purpose of obtainin� information, examination of
records, conductin i.°� nvesti at.°� ions, inspections or surveys.
B. Brin� such equipment upon the permitted site as is necessary to conduct such surveys
and investi at.°� ions.
Ordinance No. 1226
Page 24
C. Examine and co�y any books,�apers, records, or memoranda pertainin� to activities or
records required to be kept under the terms and conditions of this permitted site.
D. Inspect the storm water pollution control measures.
E. Sample and monitor any items or activities pertainin� to storm water pollution control
measures.
F. Any temporary or permanent obstruction to the safe and easy access of such an
inspection shall be promptly removed upon the inspector's request. The cost of
providin� such access shall be born by the a�plicant.
208.13 ABROGATION AND GREATER RESTRICTIONS
It is not intended to repeal, abrogate, or impair any existin� easements, covenants, or deed
restrictions. However, where this ordinance imposes �reater restrictions, the provisions of this
ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereb�
repealed to the e�ent of the inconsistency onl�
208.14 SEVERABILITY
The provisions of this ordinance are severable, and if any provisions of this ordinance, or
application of any provision of this ordinance to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder of this ordinance must
not be affected therebv.
208.15 EFFECTIVE DATE
This ordinance will take effect and be in force after its bassa�e and official bublication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CTTY OF FRIDLEY THIS 13t'' DAY
OF FEBRUARY 2006.
������
SCOTT J. LUND, MAYOR
ATTEST:
�
DEBRA A. SKOGEN, CTTY CL
Public Hearing: December 12, 2005
First Reading: January 9, 2006
Second Reading: February 13, 2006
Publication: March 9, 2006