City Council Ordinance 606ORDINANCE NO. 606
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE MONTICELLO CITY CODE TO COMPLY WITH
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) REGULATIONS:
TITLE 7, CHAPTER 10 — ILLICIT DISCHARGE, DETECTION, AND ELIMINATION
TITLE 10 - MONTICELLO ZONING CODE, CHAPTER 2, SECTION 2.4(M)
TITLE 10 - MONTICELLO ZONING CODE, CHAPTER 4, SECTION 4.10
TITLE 11, CHAPTER 5 — SUBDIVISION: DESIGN STANDARDS
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS:
Section 1. Monticello City Code, Title 7, Chapter 10 — Illicit Discharge, Detection, and
Elimination is hereby amended as follows:
CHANGE Section 7 -10 -1 Title to read:
Statutory Authorization, Purpose and Intent
ADD to Section 7 -10 -1:
(D) This section is adopted pursuant to the authorization and policies
contained in Minnesota Statutes, Chapters 103E and 462; Minnesota
Rules, Parts 6120.2500- 6120.3900; Minnesota Rules, Chapters 8410, 8420,
and 70510.0210.
ADD to Section 7 -10 -8:
(A) Emergency Cease and Desist Orders: When the City of Monticello finds
that any person has violated, or continues to violate, any provision of this
ordinance, or any order issued hereunder, or that the person's past
violations are likely to recur, and that the person's violation(s) has (have)
caused or contributed to an actual or threatened discharge to the MS4 or
waters of the United States which reasonably appears to present an
imminent or substantial endangerment to the health or welfare of persons
or to the environment, the City may issue an order to the violator directing it
immediately to cease and desist all such violations and directing the violator
to:
1. Immediately comply with all ordinance requirements; and
2. Take such appropriate preventive action as maybe needed to properly
address a continuing or threatened violation, including immediately
halting operations and /or terminating the discharge.
Any person notified of an emergency order directed to it under this
Subsection shall immediately comply and stop or eliminate its endangering
ORDINANCE NO. 606
discharge. In the event of a discharger's failure to immediately comply
voluntarily with the emergency order, the City may take such steps as
deemed necessary to prevent or minimize harm to the MS4 or waters of the
United States, and /or endangerment to persons or to the environment,
including immediate termination of a facility's water supply, sewer
connection, or other municipal utility services. The City of Monticello may
allow the person to recommence its discharge when it has demonstrated to
the satisfaction of the authorized enforcement agency that the period of
endangerment has passed, unless further termination proceedings are
initiated against the discharger under this ordinance. A person that is
responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the
causes of the harmful discharge and the measures taken to prevent any
future occurrence, to the authorized enforcement agency within 7 days of
receipt of the emergency order. Issuance of an emergency cease and desist
order shall not be a bar against, or a prerequisite for, taking any other
action against the violator.
CHANGE to Section 7 -10 -10 — Monitoring of Discharges:
(A) Applicability: This section applies to all facilities that have storm water
discharges associated with industrial activity,�uding and construction
activity.
ADD /CHANGE to Section 7 -10 -14 — Enforcement:
(A) Warning Notice. When the City of Monticello finds that any person has
violated, or continues to violate, any provision of this ordinance or any
order issued hereunder, the City may serve upon that person or business
a written Warning Notice, specifying the particular violation believed to
have occurred and requesting the discharger to immediately investigate
the matter and to seek a resolution whereby any offending discharge will
cease. Investigation and /or resolution of the matter in response to the
Warning Notice in no way relieves the alleged violator of liability for any
violations occurring before or after receipt of the Warning Notice.
Nothing in this subsection shall limit the authority of the city staff to
take any action, including emergency action or any other enforcement
action, without first issuing a Warning Notice.
(B) Notice of Violation: Whenever the City of Monticello finds a person has
violated a prohibition or failed to meet a requirement of this Ordinance,
the authorized enforcement agency may order compliance by written
notice of violation to the responsible person.
The Notice of Violation shall contain:
1. The name and address of the alleged violator;
2
ORDINANCE NO. 606
2 The address when available or a description of the building,
structure or land upon which the violation is occurring, or has
occurred;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to restore
compliance with this ordinance and a time schedule for the
completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
6. A statement that the determination of violation may be appealed to
the City of Monticello by filing a written notice of appeal within 30
days of service of notice of violation; and
7. A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be
done by a designated governmental agency or a contractor and the
expense thereof shall be charged to the violator.
Such notice may require without limitation:
1. Monitoring, analyses, and reporting;
2. Elimination of illicit connections or discharges;
3. Abatement of pollution and hazards;
4. Restoration of affected property;
5. Payment of fine to cover administrative and remediation costs;
6. Implementation of source control or treatment BMPs; and
7. Other actions as deemed necessary by the City.
Section 2. Monticello City Code, Title 10 - Zoning Code, Chapter 2, Section 2.4 — Specific
Review Procedures & Requirements is hereby amended as follows:
2.4(M) Grading, Drainage, Stormwater Management, and Erosion Control Permit
(1) Purpose
This section establishes when a grading, drainage, stormwater management,
and erosion control permit ( "Grading Permit ") is required, how it will be
reviewed, information required with the application, and how unauthorized
work will be handled. Requiring a Grading Permit enables the City to protect
the public by ensuring that erosion does not endanger water resources or
unnecessarily require extra maintenance of sewers and ditches and /or the
dredging of lakes and ponds. A Grading Permit promotes the public welfare
by guiding, regulating, and controlling the design, construction, use, and
maintenance of any development or other activity that disturbs or breaks the
topsoil or results in the movement of earth on land in Monticello.
(3) Exceptions
3
ORDINANCE NO. 606
(a) No Grading Permit is required for land disturbances under the amounts
specified in Section 2.4(NM), or for the following activities:
(4) Application
(b) In addition to general review requirements, applications for a Grading
Permit shall also include at least the following to be considered complete
(except as exempted by the Community Development Department):
(ii) A Grading, Drainage, Stormwater Management, and Erosion
Control Plan meeting the requirements of Section 4.10(CD). Each
application shall include the required number of plans and other
required materials as specified by the Community Development
Department.
(iii) The application form shall include a statement by the applicant that
any land clearing, construction, or development involving the
movement of earth shall be in accordance with the approved
Grading, Drainage, Stormwater Management, and Erosion Control
Plan.
(5) Review
(b) Grading Permit Review Process
(ii) Applications determined to conform with the approval criteria
outlined in Section 2.4(NM)(5)(a) shall be approved by the
Community Development Department with any conditions deemed
necessary. A copy of the approved permit shall be provided to the
applicant which includes all conditions and comments.
(iii) Applications not conforming with the. approval criteria outlined in
Section 2.4(NM)(5)(a) shall be denied by the Community
Development Department. A notice of denial shall be provided to
the applicant which includes all identified reasons for denial.
Section 3. Monticello City Code, Title 10 - Zoning Code, Chapter 4 — Finishing Standards, is
hereby amended as follows:
DELETE existing Section 4.10 - Grading, Drainage, & Erosion Control in its entirety and
replace with the following new zoning section.
4
ORDINANCE NO. 606
4.10 Grading, Drainage, Stormwater Management, & Erosion Control
(A) Purpose
(1) Statutory Authorization. This Section is adopted pursuant to the authorization and
policies contained in Minnesota Statutes Chapters 103B and 462; Minnesota Rules,
Parts 6120.2500 - 6120.3900, Minnesota Rules Chapters 8410, 8420 and 70510.0210.
(2) Findings. The City of Monticello finds that uncontrolled Stormwater runoff and
construction Site Erosion from Land Development and Land Disturbing Activities can
have significant adverse impacts upon local and regional water resources, diminishing
the quality of public health, safety, public and private property and natural resources
of the community.
(3) Purpose. The general purpose of this Section is to establish regulatory requirements
for land Development and Land Disturbing Activities aimed at minimizing the threats
to public health, safety, public and private property and natural resources within the
community resulting from construction Site Erosion and post- construction Stormwater
runoff.
(4) This ordinance is intended to meet the current construction site erosion and sediment
control and post - construction Sormwater management regulatory requirements for
construction activity and small construction activity (NPDES Permit) as defined in 40
CFR pt. 122.26(b)(14)(x) and (b)(15), respectively.
(5) This ordinance is intended to meet the Minimal Impact Design Standards (MIDS)
developed under Minnesota Statutes 2009, Section 115.03, subdivision 5c.
(B) Definitions
(1) Best Management Practices (BMPs) means erosion and sediment control and water
quality management practices that are the most effective and practicable means of
controlling, preventing, and minimizing degradation of surface water, including, but
not limited to, avoidance of impacts, construction phasing, minimizing the length of
time soil areas are exposed, or prohibitions or other management practices published
by state or designated area -wide planning agencies.
(2) Contractor means the party who signs the permit, application, construction contract,
or development agreement with the city to construct a project. Where the construction
project involves more than one contractor, the general contractor shall be the
contractor that is responsible pursuant to the obligations set forth in this ordinance.
(3) Dewatering means the removal of water for construction activity such as the removal
of temporary sediment basin water or appropriated surface or groundwater to dry
and /or solidify a construction site.
(4) Erosion means the wearing away of the ground surface as a result of the movement
of wind, water, ice and /or land disturbance activities.
(5) Erosion Prevention means measures employed to prevent erosion. Examples include,
but are not limited to: soil stabilization practices, limited grading, mulch, temporary
or permanent cover, and construction phasing.
5
ORDINANCE NO. 606
(6) Final Stabilization means:
(a) All soil disturbing activities at the site have been completed and a uniform (e.g.,
evenly distributed, without large bare areas) perennial vegetative cover with a
density of 70 percent of the native background vegetative cover for the area has
been established on all unpaved areas and areas not covered by permanent
structures, or equivalent permanent stabilization measures (such as the use of
riprap, gabions, or geotextiles) have been employed;
(b) For individual lots in residential construction by the contractor, the contractor
must either: (A) complete final stabilization as specified above, or (B) establish
temporary stabilization including perimeter controls for an individual lot prior
to occupation of the structure. If the contractor chooses (B), it must inform the
owner in writing of the requirements for final stabilization;
(c) For construction projects on land used for agricultural purposes (e.g., pipelines
across crop or range land) final stabilization may be accomplished by returning
the disturbed land to its preconstruction agricultural use. Areas disturbed that
were not previously used for agricultural activities, such as buffer strips
immediately adjacent to surface waters and drainage systems and areas which
are not being returned to their preconstruction agricultural use must meet the
final stabilization criteria in subparts (a) or (b) above,
(d) The contractor must clean out all sediment from conveyances and from
temporary sedimentation basins that are to be used as permanent water quality
management basins. Sediment must be stabilized to prevent it from washing
back into the basin, conveyances or drainage ways discharging off -site or to
surface waters. The cleanout of permanent basins must be sufficient to return
the basin to design capacity. All drainage ditches constructed to drain water
from the site after construction is complete must be stabilized to preclude
erosion; and
(e) All temporary synthetic and structural erosion prevention and sediment control
BMPs (such as silt fence) must be removed as part of the final stabilization on
the site.
(7) Impervious Surface means 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, parking lots, storage areas and
concrete, asphalt, or gravel driveways or roads.
(8) Land Disturbing Activity means 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's jurisdiction, including, but not limited to, clearing, grubbing, grading,
excavating, transporting and filling.
(9) Owner means the person or entity with a legal or equitable interest in the land on
which the construction activities will occur.
(10) Permanent Cover shall mean Final Stabilization,
Me
ORDINANCE NO. 606
(11) Sediment means the product of an erosion process; solid material both mineral and
organic, that is in suspension, is being transported, or has been moved by water, air
or ice, and has come to rest on the earth's surface either above or below water level.
(12) Stabilized means the exposed ground surface after it has been covered by appropriate
materials such as mulch, staked sod, riprap, wood fiber blankets, or other material
that prevents erosion from occurring. Grass seeding is not considered stabilized until
it has established and meets the definition of Final Stabilization. .
(13) Stormwater shall have the meaning given to it by Minnesota Rule 7077.0105, subpart
41(b).
(14) Stormwater Pollution Prevention Plan means a plan for stormwater discharge that
includes erosion prevention measures and sediment controls that, when implemented,
will minimize soil erosion on a parcel of land and minimize off -site nonpoint
pollution to the maximum extent practicable.
(15) Surface Water or Waters means all streams, lakes, ponds, marshes, wetlands,
reservoirs, springs, rivers, drainage systems, waterways, watercourses, wells,
reservoirs, aquifers, irrigation systems and all other bodies or accumulations of
water, surface or underground, natural or artificial, public or private.
(16) Temporary Erosion Protection means short term methods employed to prevent
erosion. Examples of these methods include: straw, wood fiber blanket, wood chips
and erosion netting.
(C) Permits
(1) The thresholds for required Grading, Drainage, Stormwater Management and
Erosion Control permits along with the permit review process is outlined in Section
2.4(M) of this ordinance.
(2) The Permittee(s) shall be responsible for obtaining required permits from other
government agencies prior to conducting grading work (e.g. dewatering a site for
development will require one or more permits from the MPCA).
(D) Grading, Drainage, Stormwater Management, and Erosion Control Plan Requirements:
Grading, drainage, stormwater management and erosion control plans are required for
any activities that require a grading permit as defined in Section 2.4(M). The plans shall
contain the following information and be in conformance with the City's Plan
Requirements and Design Guidelines ( "Design Manual "):
(1) The name and address of the applicant, a legal description of the site, north point, date
and scale of drawing and number of sheets;
(2) An existing site map: a map of existing site conditions showing the site and
immediately adjacent areas, which shall include the following information;
(a) Existing topography with a contour interval appropriate to the topography of the
land but in no case having a contour interval greater than two feet;
FA
ORDINANCE NO. 606
(b) A delineation of all Surface Waters located on and immediately adjacent to the site,
including depth of water, a description of all vegetation which may be found in the
water, a statement of general water quality and any classification given to the water
body or wetland by the Minnesota Department of Natural Resources, the
Minnesota Pollution Control Agency, and /or the United States Army Corps of
Engineers;
(c) The location and dimensions of existing stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site delineating the direction
and the rate the stormwater is conveyed from the site, identifying the receiving
stream, river, public water, or wetland and setting forth those areas of the unaltered
site where stormwater collects;
(d) A description of the soils of the site, including a map indicating soil types of areas
to be disturbed as well as a soil report containing information on the suitability of
the soils for the type of development proposed and for the type of sewage disposal
proposed which describes any remedial steps to be taken by the applicant to render
the soils suitable;
(e) The location and type of vegetative cover on the site and clearly delineating any
vegetation proposed for removal; and
(f) 100 year floodplain, flood fringes and floodways boundaries.
(g) The location of any water body, and any biologically or archaeologically significant
areas within one mile of the site that is identified as: (CGP Part I.B. 6)
i. Impaired pursuant to section 303(d) of the Federal Clean Water Act (33
U.S. C. § 303(d)) where the identified pollutant(s) or stressor(s) are
phosphorus (nutrient eutrophication biological indicators), turbidity,
dissolved oxygen or aquatic biota ash bioassessment, aquatic plant
bioassessment and aquatic macroinvertebrate bioassessment), and with or
without a U.S. Environmental Protection Agency (USEPA) approved
Total Maximum Daily Load (TMDL) for any of these identified
pollutants) or stressors(s) also meeting the specific impaired waters
criteria of the Minnesota Pollution Control Agency's National Pollutant
Discharge Elimination System (NPDES) construction general permit
(Permit No: MNRI0001), regarding construction -site erosion and
sediment control;
ii. An outstanding resource value waters as listed in Minn. R. 7050.0180,
subp. 3, 4, 5, 6, 6a and 6b;
iii. A trout waters as listed in Minn. R. 6264.0050, subp. 2 and 4;
iv. A wetland defined in Minn. R. 7050.0186 subd.la.B;
v. Any lands where state or federally listed endangered or threatened species
are known to occur, or properties listed in the National Register of
Historic Places, including archaeological sites may be impacted.
(3) A site construction plan which shall include the following information:
(a) Locations and dimensions of all proposed land disturbing activities and any
phasing of those activities;
(b) Locations and dimensions of all temporary soil or dirt stockpiles;
(c) Locations and dimensions of all erosion prevention measures and best
management practices necessary to meet the requirements of this ordinance;
ORDINANCE NO. 606
(d) Schedule of anticipated start and completion dates of each land disturbing activity
including the dates of installation of erosion prevention measures for each phase
needed to meet the requirements of this ordinance; and
(e) Provisions for maintenance of the erosion and sediment prevention measures prior
to final stabilization.
(4) A plan of final site conditions, which shall include the following information:
(a) Finished grading shown at contours at the same interval as provided on the
existing site map to clearly indicate the relationship of proposed changes to the
site's existing topography and remaining features;
(b) A landscape plan, drawn to an appropriate scale, including dimensions and
distances and the location, type, size and description of all proposed landscape
materials that will be added to the site;
(c) A drainage plan of the developed site delineating in which direction and the rate
stormwater will be conveyed from the site and setting forth the areas of the site
where stormwater will be allowed to collect;
(d) The proposed size, alignments and intended use of any structures to be erected on
the site;
(e) A clear delineation and tabulation of all impervious surfaces to be installed on the
site, including a description of the surfacing material to be used;
(fi Any other information pertinent to the particular project which in the opinion of
the applicant is necessary for the review of the project; and
(g) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected
seeding dates, type and rate of lime and fertilizer application, and kind and quantity
of mulching for both temporary and permanent vegetative control measures.
Required specifications are referenced in the City of Monticello's Design Manual.
(h) Provisions for maintenance of erosion and sediment plan, specifically in
boulevards, easements and other public areas, and estimates of the cost of
maintenance.
(i) Provisions for regular permittee inspections of all control measures in accordance
with the inspection schedule outlined on the approved Grading, Drainage,
Stormwater Management and Erosion Control Plan(s).
(j) Modifications to the plan shall be processed and approved or disapproved in the
same manner as a new application per the requirements of Section 2.4(M).
(5) A copy of the applicant's Minnesota Pollution Control Agency's Permit for
discharging stormwater from construction activity (MNR100001), if the area of
disturbed land is equal to or greater than one (1) acre. A Stormwater Pollution
Prevention Plan must be prepared and must meet the NPDES requirements and
conform to the SWPPP standards specified in the MPCA NPDES construction general
permit (Permit No: MNRI0001), regarding construction -site erosion and sediment
control (CGP Part HLA B).
(E) Stormwater Management
Plan Required: The proposed provisions for stormwater runoff shall be documented in a
stormwater management plan including a narrative, prepared by a Minnesota licensed
engineer to stating how the proposed activity meets the requirements of the City of
Monticello's Design Manual.
9
ORDINANCE NO. 606
(1) Minimum Standards For Runoff Water Management Plans: A runoff water management
plan shall include the following items:
(a) A map containing a delineation of the subwatershed contributing runoff from off
site, and proposed and existing subwatersheds on site. The delineation shall
conform to the nomenclature of the water resources management plan and shall
indicate any significant departures from the watershed delineation of the water
resources management plan.
(b) Delineation of existing on site "wetlands'; as defined in the Wetland Conservation
Act, lakes, watercourses, shoreland, and /or floodplain areas.
(c) For water bodies and channels, a listing of normal (runout) and calculated 10 year
and 100 year elevations on site for both existing and proposed conditions.
(d) Stormwater runoff volumes and rates for existing and proposed conditions.
(e) All hydrologic and hydraulic computations completed to design the proposed
stormwater management facilities. Reservoir routing procedures and critical
duration runoff events shall be used for design of water storage areas and outlets.
(f) A checklist of best management practices to demonstrate that, to the maximum
extent practical, the plan has incorporated the structural and nonstructural best
management practices described in the book "Protecting Water Quality In Urban
Areas'; published by the Minnesota Pollution Control Agency or the applicable
publications.
(g) A grading plan identifying stormwater overflow routes along streets or drainage
easements designed to protect structures from damage due to:
i. Storms in excess of the design storm, or
ii. Clogging, collapse or other failure of the primary drainage facilities.
(h) An assessment of the potential for construction or contribution to regional detention
basins, as opposed to the construction of on -site stormwater basins. The water
resources management plan identifies potential regional stormwater basins for
control of rate and nutrient loading. The following criteria shall be used to
determine whether on site storage is required within the subdivision:
i. If the stormwater management plan indicates construction or enlargement
of a storage site or water quality storage in a wetland or other water body,
the facility or its equivalent shall be constructed to meet the goals of the
water resources management plan.
ii. If a proposed subdivision is indirectly tributary to a water body and the
intervening regional detention storage is inadequate, in the opinion of city
staff, to meet the water quality goals for downstream water bodies as
described in the water resources management plan, additional on -site
stormwater basin construction will be required to meet these goals.
iii. If a proposed subdivision will increase rates of runoff and where
downstream stormwater storage or conveyance facilities are inadequate to
protect downstream riparian owners from effects of these increases, then
on site stormwater storage must be constructed to restrict stormwater rates
to the predevelopment rates.
(2) Where on site water quality detention basins are required, the permittee(s) will have to
comply with the design and sizing requirements determined by the City of Monticello's
Design Manual.
(3) Maintenance of Private Stormwater Management Facilities.
10
ORDINANCE NO. 606
(a) No private Stormwater Management Facilities may be approved unless a
maintenance plan is provided and is consistent with the City's Design Manual. All
such facilities shall be inspected annually, with reports submitted to the City, and
maintained in proper condition consistent with the performance standards for
which they were originally designed.
(b) Owners of private Stormwater Management Facilities shall provide an agreement
to the City describing responsibility for the long -term operation and maintenance of
the facilities.
(4) Public Stormwater Management Facilities - Easements: The applicant shall establish,
in a form acceptable to the city, temporary and perpetual easements, or dedicated
outlots, for ponding, flowage, and drainage purposes over hydrologic features such as
water bodies and sormwater basins. The easements or outlots shall include the right of
reasonable access for inspection, monitoring, maintenance, and enforcement purposes.
(F) Construction Requirements
(1) Construction Specifications
(a) Site Dewatering and Basin Draining: Water pumped from the site shall be treated
by temporary sedimentation basins, grit chambers, sand filters, upflow chambers,
hydrocyclones, swirl concentrators or other appropriate controls as appropriate.
Water shall not be discharged in a manner that causes Erosion, scour,
sedimentation or flooding of the site, receiving channels or wetlands.
(b) Grading, erosion and sediment controls as specified in the City's Design Manual.
(c) Tracking: All roads, access drives and parking areas must utilize a temporary
tracking pad and must be of sufficient width and length to prevent sediment from
being tracked onto public or private roadways and /or the stormwater conveyance
system. Temporary tracking pads must be installed and maintained in all locations
on the site where vehicles enter and exit.
(d) Clearing and grading of natural resources, such as forests and wetlands, shall not
be permitted, except when in compliance with all provisions of this ordinance.
Clearing techniques that retain natural vegetation and drainage patterns shall be
recommended as necessary and used to the satisfaction of the Community
Development Department.
(e) Clearing, except that necessary to establish sediment control devices, shall not
begin until all sediment control devices have been installed and have been
stabilized.
(fi Phasing may be required on all sites based on site specifics, with the size of each
phase to be established at plan review and as approved by the Community
Development Department.
(g) Silt fence or equivalent sediment control measures to be used must conform to the
City's standards.
(h) Silt fences or equivalent sediment control measures must be installed along the
downslope and sideslope perimeters and up gradient of any buffer zones from the
approved grading and construction limits before any up gradient land - disturbing
activities begin. Perimeter controls should be located to maintain a buffer of
existing vegetation during construction, as site conditions allow, along the edges of
any curbs, wetlands, channels or other water resources that could receive sediment
11
ORDINANCE NO. 606
from the,site. These controls shall remain in place until final stabilization has been
established.
(i) Sufficient silt fence or equivalent sediment control measures are required to hold
all sheet flow runoff generated at an individual site to minimize sediment from
entering surface waters, including curb and gutter systems and storm sewer
systems. Additional measures such as check dams, diversion, temporary or
permanent sedimentation basins and drainage ditches are required to handle
channelized flow. Additional upgradient sediment control practices or redundant
BMPs shall be installed if down gradient sediment controls are overloaded (based
on frequent failure or excessive maintenance requirement) (CGP Part IV. C.1.a -b).
(j) All storm drain inlets must be protected during construction until all sources with
potential for discharging to the inlet have been stabilized (CGP Part IV. C.4).
(k) Soil stabilization shall be initiated immediately to limit soil erosion but in no case
completed later than fourteen (14) days after construction activity in that portion of
the site has temporarily or permanently ceased, and seven (7) days if discharge
points are located within 1 -mile of an impaired or special waterbody.
(l) Final stabilization on all sites shall become established within six (6) months. The
City of Monticello may require the site to be reseeded or a non - vegetative option
employed.
(m)Seeding shall be in accordance with the City's current seeding specification as
detailed in the Design Manual. All seeded areas shall be fertilized, mulched, and
disc anchored as necessary for seed retention.
(n) Special techniques that meet the design criteria outlined in Design Manual shall be
in place on steep slopes or in drainage ways to ensure stabilization.
(o) Soil stockpiles which shall be inactive for a period of seven (7) or more days shall
include provisions for perimeter sediment controls. The placement of soil stockpiles
adjacent to public rights -of -way or waterways is prohibited.
(p) The entire site must be stabilized to a minimum of 70% coverage, using a heavy
mulch layer or another method that does not require germination to control
erosion, at the close of the construction season.
(q) Techniques shall be employed to prevent the blowing of dust or sediment from the
site.
(r) Techniques that divert upland runoff past disturbed slopes shall be employed.
(s) For sites that have more than ten (10) acres of disturbed soil that drains to a
common location, one or more temporary sediment basins shall be constructed. Use
of temporary basins is encouraged when construction projects will impact steep
slopes or when highly erodible soils are present. The basin shall provide treatment
to the runoff before it leaves the construction site or enters surface waters. The
temporary sediment basins must be designed and constructed as follows:
i. Provide live storage for a calculated volume of runoff from a two (2) year, 24-
hour storm from each acre drained to the basin. All basins shall provide at
least 1,800 cubic feet of live storage from each acre drained or more.
ii. For basins where the calculation from the previous requirement has not been
performed, a temporary sediment basin providing 3,600 cubic feet of live
storage from each acre drained to the basin shall be provided.
iii. The outlet structure must be designed to withdraw water from the surface in
order to minimize the discharge of pollutants.
12
ORDINANCE NO. 606
iv. The basin outlet shall be designed to prevent short - circuiting and the
discharge of floating debris.
v. Ensure the basin can be completely drawn down to conduct maintenance
activities.
vi. Include energy dissipation on the outlet of the basin and a stabilized
emergency overflow to prevent failure of pond integrity.
vii. Be located outside of surface waters or any buffer zone, and be designed to
avoid draining water from wetlands unless appropriate approval from the U.S.
Army Corps of Engineers and the Minnesota Department of Natural
Resources is obtained.
viii. If installation of a temporary sediment basin is infeasible, equivalent sediment
controls such as smaller sediment basins, and /or sediment traps, silt fences,
vegetative buffer strips, or any appropriate combination of measures are
required for all down -slope boundaries of the construction area and for side -
slope boundaries where appropriate. Determination of infeasibility shall be
documented in the erosion and sediment control plan.
(2) Waterway and Watercourse Protection Requirements
The Permittee(s) shall implement the following waterway and watercourse measures
on the site:
(a) A temporary stream crossing installed and approved by the local government unit
and regulating agency if a wet watercourse will be crossed regularly during
construction.
(b) Stabilization of the watercourse channel before, during, and within 24 hours after
any in- channel work
(c) The normal wetted perimeter of any temporary or permanent drainage ditch or
Swale that drains water from the site, or diverts water around a site must be
stabilized within 24 hours of connecting to a surface water and within 200 feet of
the water's edge of a Public Waters that drains to waters where the Minnesota
Department of Natural Resources has promulgated "work in water restrictions"
during specified fish spawning time frames (CGP Part IV.A.2).
(d) Portions of the ditch that are under construction must be stabilized within 24 hours
after the construction activity in that portion has ceased. The normal wetted
perimeter is defined as the area that is in contact with water during annual flow
events.
(e) All on -site stormwater conveyance channels designed according to the criteria
outlined in the Plan Requirements and Design Guidelines.
(� Stabilization adequate to prevent erosion located at the outlets of all pipes and
paved channels.
(3) Pollution Prevention Management Measures
The Permittee(s) shall implement the following pollution prevention management
measures on the site:
(a) Solid Waste: Collected sediment, asphalt and concrete millings, floating debris,
paper, plastic, fabric, construction and demolition debris and other wastes must be
disposed of properly and must comply with MPCA disposal requirements.
(b) Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be
properly stored, including secondary containment, to prevent spills, leaks or other
discharge. Restricted access to storage areas must be provided to prevent
13
ORDINANCE NO. 606
vandalism. Storage and disposal of hazardous waste must be in compliance with
MPCA regulations.
(c) External washing of trucks and other construction vehicles must be limited to a
defined area of the site. Runoff must be contained and waste properly disposed of.
No engine degreasing is allowed on site.
(d) Portable toilets must be positioned so that they are secure and will not be tipped or
knocked over. Sanitary waste must be disposed of properly in accordance with
Minn. R. ch. 7041.
(e) Concrete and other washout waste must have effective containment for all liquid
and solid wastes generated by these operations related to the construction activity.
The liquid and solid washout wastes must not contact the ground outside a proper
containment area. Waste must be disposed of properly and in compliance with
MPCA rules, and a sign must be installed adjacent to each washout facility.
(4) Special and Impaired Waters:
(a) Additional BMPs together with enhanced runoff controls are required for
discharge from a site to special and impaired water as defined by Appendix A of the
Minnesota Pollution Control Agency General Stormwater Permit for Construction
Activity.
(G) Inspection
(1) Notification
The Erosion Control Inspector shall make inspections as hereinafter required and
either shall approve that portion of the work completed or shall notify the permittee
wherein the work fails to comply with the Erosion and Sediment Control Plan as
approved.
(2) Procedure
The City shall inspect all permit sites once per week and within 24 hours after a rain
event greater than 0. S inches. The City shall also require inspections at other
development benchmarks as follows and as applicable. Inspections must be continued
until final stabilization has occurred. To obtain inspections, the permittee shall notify
the City of Monticello at least one working day before the following:
(a) Installation of sediment and erosion control measures;
(b) Start of construction or site development;
(c) Close of the construction season;
(d) Completion of final stabilization/landscaping;
(e) Removal of erosion control measures;
(f) Final project compliance and acceptance close -out.
(3) Material Requirements
Seed tags shall be submitted to the Erosion Control Inspector for approval prior to
commencing work. Proof of application rates shall be provided.
(4) Permittee Inspection
The permittee or his/her agent shall also make regular inspections of all control
measures in accordance with the inspection schedule outlined on the approved
Grading, Drainage and Erosion Control Plan(s). The purpose of such inspections will
be to determine the overall effectiveness of the control plan and the need for additional
control measures. All inspections shall be documented in written form and submitted to
14
ORDINANCE NO. 606
the City of Monticello at the time interval specified in the approved permit. The records
of each inspection and maintenance activity shall include the following information:
(a) Date and time of inspection;
(b) Name(s) of persons conducting the inspection;
(c) Findings of inspections, including recommendations for corrective actions;
(d) Corrective actions taken, including the dates, times and the name of the party
completing the corrective action;
(e) Date and the amount of rainfall events that are greater than 0.5 inch in a 24 -hour
period; and
( Documentation of any changes made to the Stormwater Pollution Prevention Plan.
(S) Authorization
A member of the Community Development Department shall enter the property of the
applicant as deemed necessary to make regular inspections to ensure the validity of the
reports filed under Section 4.9(E)(4).
(H)Site Maintenance
(1) Responsibilities
(a) Within 24 hours, the permittee shall clean dirt and debris from streets that has
resulted from construction work by the Developer, home builders, subcontractors,
their agents or assigns. Prior to any construction in the plat, the Developer shall
provide the Community Development Department with a schedule for erosion and
sediment control inspection, street cleaning, and street sweeping.
(b) All silt fences and biorolls must be repaired, replaced or supplemented when they
become nonfunctional or the sediment reached one -half (112) of the height of the
fence or bioroll. Repairs shall be made within 24 hours of discovery or as soon as
field conditions allow access.
(c) Temporary and permanent sedimentation basins must be drained and the sediment
must be removed when the depth of the sediment collected in the basin reached
one -half (112) the storage volume. Drainage and removal must be completed within
72 hours of discovery or as soon as final conditions allow access.
(d) The applicant shall remove all deltas and sediment deposited in the surface waters,
including drainage ways, catch basins, and other drainage systems and must
restabilize the areas where sediment removal results in exposed soil. The removal
and stabilization must take place within seven (7) days of discovery unless
precluded by legal, regulatory or physical access constraints. In the event of an
access constraint, the applicant shall use all reasonable efforts to obtain access. If
the access is precluded, removal and stabilization must take place within seven (7)
calendar days of obtaining access. The applicant is responsible for contacting all
local, regional, state and federal authorities and obtaining any required permits
prior to conducting any work.
(e) No development, utility or street construction will be allowed and no Building
Permits will be issued unless the development is in full compliance with the
requirements of this Ordinance.
(I) Final Stabilization
The Permittee(s) must ensure Final Stabilization of the site after the completion of
construction activities and prior to the termination of the permit. Final Stabilization is not
15
ORDINANCE NO. 606
complete until all requirement in accordance to the definition in Section (B) are complete
that are intended to prevent discharge of pollutants associated with stormwater discharges
from the project.
(J) Certification
(1) Approved Grading, Drainage, Stormwater Management, and Erosion Control Plan
(a) Plans for grading, stripping, excavating, and filling work bearing the stamp of
approval of the Community Development Department, as applicable, shall be
maintained at the site during the progress of the work.
(b) The Stormwater Pollution Prevention Plan (SWPPP) must:
i. Ensure the SWPPP is prepared by an individual trained in the design of
construction SWPPPs in accordance with the MPCA NPDES construction
general permit training requirements (CGP Part III.A.3);
ii. Ensure at least one individual is present or available to the project site within
72 hours that is trained in the job duties for construction site management to
inspect, oversee implementation of, revise, and amend the SWPPP (CGP Part
III.F. b);
iii. Ensure at least one individual is present or available to the project site within
72 hours that is trained in the job duties for construction installation to
perform or supervise the installation, maintenance and repair of Best
Management Practices (BMPs) (CGP Part III.F. c);
iv. Document the names) of the trained personnel to design the construction
SWPPP, the construction site manager and the construction installer.
Documentation shall include the date of training, name of instructor(s), name
of entity providing the training, content covered and hours of training
attended (CGP Part III.A.3).
(2) As -built Grading Plan and Development Plan
Within thirty (30) days after completion of site development as per the approved
Grading, Drainage and Erosion Plan, and prior to the approval of individual building
permits, the Developer shall provide the City with an As Built Grading Plan and J
Development Plan as defined in the City of Monticello Plan Requirements and Design
Guidelines.
(3) Procedure
The City will withhold issuance of building permits until the approved certified As-
Built Grading Plan and As Built Development Plan are on file with the City, all
securities as required by this ordinance are received, conservation easement posts are
installed, and all erosion control measures are in place as determined by the
Community Development Department.
(4) Removal of Erosion Control Measures
The above specified requirements will be authorized for removal upon the sodding of
the rear yards, completion of punch list items involving ponds and slopes, final
stabilization, completion of proper turf establishment and placement of the proper
conservation easement posts and signs as specified. Inspection is required after the
removal of erosion control measures to verify proper restoration. Please refer to City of
Monticello's Design Man ual for specifications.
(S) Notice of Termination (NOT)
16
ORDINANCE NO. 606
The applicant must ensure final stabilization of the project. The applicant must submit
a NOT within 30 days of final stabilization being achieved, or another party assuming
control on all areas of the project that have not achieved final stabilization.
(K) Enforcement
(1) Notice of Violation
If the Grading permittee fails to meet or maintain sediment and erosion control
measures per the Approved Grading, Drainage, Stormwater Management, and Erosion
Control Plan, the City shall issue a Notice of Violation. The Notice of Violation shall
detail the default and prescribe a remedy and required schedule for compliance.
(2) Lapse and Order for Work
(a) If the Grading permittee fails to meet or maintain sediment and erosion control
measures per the Approved Grading, Drainage, Stormwater Management and
Erosion Control Plan, the City may, in its discretion, perform the work or contract
to have the work completed and draw down on the security to pay any costs.
(b) The City will endeavor to notify the Developer in advance of any proposed action,
but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder.
(3) Stop Work Order /Revocation of Grading Permit
In the event that any person holding a Grading Permit pursuant to this ordinance
violates the terms of the permit or implements site development in such a manner as to
materially adversely affect the health, welfare, environment, or safety of persons
residing or working in the neighborhood or development site so as to be materially
detrimental to the public welfare or injurious to property or improvements in the
neighborhood, the City of Monticello may suspend or revoke the Grading Permit
through the issuance of a stop work order or the revocation of the Grading or Building
Permit.
(4) Violation and Penalties
(a) No person shall construct, enlarge, alter, repair, or maintain any grading,
excavation, or fill, or cause the same to be done, contrary to or in violation of any
terms of this ordinance. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and each day during which any
violation of any of the provisions of this ordinance is committed, continued, or
permitted, shall constitute a separate offense.
(b) Upon conviction of any such violation, such person, partnership, or corporation
shall be punished by a fine as specified by the City ordinance per the fee schedule
for each offense. In addition to any other penalty authorized by this section, any
person, partnership, or corporation convicted of violating any of the provisions of
this ordinance shall be required to bear the expense of such restoration.
Section 4. Monticello City Code, Title 11, Chapter 5 — Subdivision: Design Standards is
hereby amended as follows:
ADD to Section 11 -5 -5 — Erosion and Sediment Control:
17
ORDINANCE NO. 606
(A) Erosion and sediment control standards shall comply with the City's
Engineering Design Guidelines ( "Design Manual ") as well as Chapter 4 of
the City's Zoning Ordinance.
(F) In the event that permanent stabilization cannot be feasibly obtained within
fourteen (14) days after construction activity in that portion of the site has
temporarily or permanently ceased, and seven (7) days if discharge points
are located within one (1) mile of an impaired or special waterbody,
temporary soil stabilization BMPs must be implemented within the
timeframe.
CHANGE to Section 11 -5 -6 —Drainage:
(A) Where municipal storm sewer systems do not exist or the introduction of said
system is deemed inappropriate by the City Council, storm water drainage
shall be discharged to marshlands, swamps, retention basins, or other
treatment facilities. Diversion of storm water to marshlands or swamps shall
be considered for existing or planned surface drainage and be pretreated prior
to being discharged. Pretreatment shall be considered satisfactory if the
project meets the water quality requirements of the City of Monticello's
Design Guidelines. Marshlands and swamps used for storm water shall
provide for natural or artificial water level control.
Section 5. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official Monticello City Code and Zoning Code, and to renumber
the tables and chapters accordingly as necessary to provide the intended effect of
this Ordinance. The City Clerk is further directed to make necessary corrections
to any internal citations and diagrams that result from such amendments, provided
that such changes retain the purpose and intent of the City Code or Zoning Code
as has been adopted.
Section 6. This Ordinance shall take effect and be in full force from and after its passage and
publication. Revisions will be made online after adoption by Council. Copies of
the complete Monticello City Code are available online and at Monticello City
Hall.
18
ORDINANCE NO. 606
ADOPTED BY the Monticello City Council this 8th day of December, 2014.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
(r r.
Jeff City Administrator
VOTING IN FAVOR: Herbst, Perrault, Posusta, Stumpf
VOTING IN OPPOSITION: None
ABSENT: Hilgart