HomeMy WebLinkAboutNo 950 Chapter 18, Article III-Erosion and Sedimentation Control, Chapter 18, Article VII-Stormwater Management, and Chapter 40, Article II-Sewers
Ordinance 950
CODE OF ORDINANCES
Chapter 18 -ENVIRONMENT
ARTICLE III. EROSION AND SEDIMENTATION CONTROL
Sec. 18-141. Purpose.
Sec. 18-142. Scope.
Sec. 18-143. Definitions.
Sec. 18-144. Erosion and sediment control plan.
Sec. 18-145. Review of plan.
Sec. 18-146. Modification of plan.
Sec. 18-147. Escrow requirement.
Sec. 18-148. Enforcement; penalty.
Secs. 18-149—18-175. Reserved.
Sec. 18-141. Purpose.
The purpose of this article is to control or eliminate soil erosion and sedimentation
within the city. This article establishes standards and specifications for conservation
practices and planning activities which minimize soil erosion and sedimentation.
Sec. 18-142. Scope.
Except as exempted by the definition of the term "land disturbance activity" in
section 18-143, any person, state agency, or political subdivision thereof proposing land
disturbance activity within the city shall apply to the city for a grading permit, submit an
erosion and sediment control plan, and sign an erosion control compliance agreement.
No land shall be disturbed until the erosion control compliance agreement has been
signed, the erosion and sediment control plan has been approved, installed erosion and
sediment control best management practices have been inspected by City staff, and the
grading permit has beenissued. The erosion and sediment control plan shall conform to
the standards set forth in this article and meet the requirements for erosion and
sediment control and waste controls in accordance with the MPCA’s Construction
Stormwater Permit as defined in section 18-143.
Sec. 18-143. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Applicantmeans aperson, business, corporation, state agency, or political
subdivision thereof who is submitting for coverage under one of the City’s permits or
submitting design plans for review by the City.
Best Management Practices or BMPs means practices to prevent orreduce the
pollution of the stormwater runoff, including schedules of activities, prohibition of
practices, and other management practices, and also includes treatment requirements,
operating procedures and practices to control plant site runoff, spillageor leaks, sludge,
or waste disposal or drainage from raw material storage.
BMP Manualmeans the MPCA’s most current Stormwater Best Management
Practices Manual.
Developermeans a person, business, corporation, legal entity, state agency, or
political subdivision thereof engaged in a land disturbance activity.
Erosionmeans any process that wears away the surface of the land by the action of
water, wind, ice, or gravity. Erosion can be accelerated by human and/or natural
activities.
Erosion and sediment control planmeans a document containing the requirements
ofsection 18-144that, when implemented, will decrease soil erosion on a parcel of land
being developed, as well as off-site sediment damages.
Erosion control compliance agreement means a document stating that all BMPs will
be installed and inspected prior to any land disturbing activities, the BMPs will be
maintained throughout the entirety of the project, and that the project site will be
stabilized prior to granting a Certificate of Occupancy and/or release of any grading
permit escrow.
Land disturbance activitymeans land change that may result in soil erosion from
water, wind, ice, or gravity and the movement of sediments into or upon waters or lands
of the city, adjacent cities or any adjacent properties, including clearing, grading,
excavating, transporting and filling of land. The term, "land disturbance activity", does
not mean the following:
(1)Minor land disturbance activities such as home gardens and an individual's
home landscaping, repairs, and maintenance work.
(2)Construction, installation, and maintenance of electric, telephone, and cable
television utility lines or individual service connections to these utilities, except
where a minimum of 10,000 square feet of land disturbance can be anticipated.
(3)Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural crops.
(4)Installation of fence, sign, telephone, and electric poles and other kinds of posts
or poles.
(5)Emergency work to protect life, limb, or property and emergency repairs.
However, if the land disturbingactivity would have required an approved
erosion and sediment control plan except for the emergency, the land area
disturbed shall be shaped and stabilized in accordance with the requirement of
the local plan-approving authority or the district when applicable.
MPCAmeans the Minnesota Pollution Control Agency.
MPCA’s Construction Stormwater Permitmeans the most current adopted
Minnesota Pollution Control Agency general permit to discharge stormwater associated
with construction activity.
MSMS means the most current version of the Maplewood Stormwater Management
Standards.
Sedimentmeans solid mineral or organic material that, in suspension, is being
transported or has been moved from its original site by air, water, gravity, or ice and has
been deposited at another location.
Sedimentationmeans the process or action of depositingsediment that is
determined to have been caused by erosion.
Sec. 18-144. Erosion and sediment control plan.
(a)Required.Every applicant for a building permit, a subdivision approval, grading
permit, or a permit to allow land disturbing activities must submit an erosion and
sediment control plan to the City. No building permit, subdivision approval, grading
permit, or permit to allow land disturbing activities shall be issued until approval of
the erosion and sediment control plan.
(b)Criteria addressed.The erosion and sediment control plan shall meet the
requirements of the MPCA’s Construction Stormwater Permit and the MSMS.
(c)Contents of plan.The erosion and sediment control plan shall meet the plan
requirements of the MPCA’s Construction Stormwater Permit and the MSMS.
Sec. 18-145. Review of plan.
(a)Generally.The city appoints a staff member to review the erosion and sediment
control plan. The most current version of the MPCA’s BMP Manual and the MSMS
are the reference for erosion and sediment control practice specifications in the city.
(b)Approval process.If the city determines that the erosion and sediment control plan
meets the requirements of this article, the developer will be instructed to proceed
with the installation of the proposed erosion and sediment control BMP’s. Once the
erosion and sediment control BMP’s are installed the applicant will contact the city
for a field inspection. If additional BMP’s are found to be required or if there are any
adjustments to the installed BMP’s the city shall notify the applicant. A follow up
inspection will be scheduled after the requested changes are made.Once the field
inspection has been approved the city shall issue a permit, valid for a specified
period of time,that authorizes the land disturbance activity contingent on the
implementation and completion of the erosion and sediment control plan.
(c)Denial.If the city determines that the erosion and sediment control plan does not
meet the requirements of this article, the city shall not issue a permit for the land
disturbance activity. The erosion and sediment control plan must be resubmitted for
approval before the land disturbance activity begins. All land use and building
permits must be suspended until the applicant has an approved erosion and
sediment control plan.
(d)Permit suspension.If the city determines that the approved erosion and sediment
control plan is not being implemented according to that schedule or the control
measures are not being properly maintained, all land use and building permits must
be suspended until the applicant has fully implemented and maintained the control
measures identified in the approved erosion and sediment control plan.
Sec. 18-146. Modification of plan.
An approved erosion and sediment control plan may be modified on submission of
an application for modification to the city and subsequent approval by the city engineer
or appointed staff member. In reviewing such application, the city may require additional
reports and data.
Sec. 18-147. Escrow requirement.
After approval of an erosion and sediment control plan, the city shall require the
applicant to escrow a sum of money sufficient to ensure the installation, completion, and
maintenance of the erosion and sediment control plan and practices. The escrow may
be reduced, upon request, after phases of the project are complete. The escrow amount
will vary depending on the size and scope of the project. Upon project completion, all
remaining escrow shall be returned to the applicant.
Sec. 18-148. Enforcement; penalty.
(a)The city shall be responsible for the enforcement of this article.
(b)Any person who fails to comply with or violates any section of this article shall be
charged with a misdemeanor and, upon conviction, shall be subject to punishment
in accordance withsection 1-15. All land use and building permits shall be
suspended until the applicant has corrected the violation and amended the erosion
and sediment control plan for the land disturbance activity. Each day that a separate
violation exists shall constitute a separate offense.
(c)Remedies not exclusive:The remedies listed in this division are not exclusive of any
other remedies available under any applicable federal, state, or local law and it is
within the discretion of the City of Maplewood to seek cumulative remedies. The
City of Maplewood may recover all attorneys’ fees, court costs, and clean up costs
associated with enforcement of this division including sampling and monitoring
expenses. The City may recover all fees and costs by assessing the costs to the
property.
(d)Compatibility with other regulations: This ordinance is not intended to modify or
repeal any other ordinance, rule,regulation, or other provision of law. The
requirements of this ordinance are in addition to the requirements of any other
ordinance, rule, regulation, or other provision of law, and where any provision of this
ordinance imposes restrictions different from those imposed by any other ordinance,
rule, regulation, or other provision of law, whichever provision is more restrictive or
imposes higher protective standards for human health or the environment shall
control.
(e)Severability:If any provision of this ordinance is found to be invalid for any reason
by a court of competent jurisdiction, the validity of the remaining provisions shall not
be affected.
Secs. 18-149—18-175. Reserved.
CODE OF ORDINANCES
Chapter 18 -ENVIRONMENT
ARTICLE VII. STORMWATER MANAGEMENT
ARTICLE VII. STORMWATER MANAGEMENT
Sec. 18-271. Applicability.
Sec. 18-272. Erosion control.
Sec. 18-273. Illicit discharges.
Sec. 18-274. Regulating use of coal tar-based sealer products.
Secs. 18-275—18-300. Reserved.
Sec. 18-271. Applicability.
The Maplewood Stormwater Management Standards (MSMS) serves as the guiding
document for stormwater design within the City of Maplewood. The City Engineer or
qualified designated city staff shall use engineering judgment during the design or review
of storm sewer systems to determine if the design meets the requirements and/or intent
of the MSMS.
All new development and redevelopment projects meeting and/or exceeding the
thresholds for disturbed area and/or new impervious surface area, as defined by the
MSMS, shall meet the requirements for runoff ratesand water quality treatmentas set
forth by the MSMS.
a)Runoff rates.Runoff rates resulting from a project subject to the standards shall not
exceed the pre-project runoff rates for the two-year, ten-year, and 100-year critical
duration storm events.
b)Water quality treatment.To the maximum extent practicable the required infiltration
volume, as defined by the MSMS, shall be met onsite.
1)All proposed infiltration and filtration practices shall meet the requirements of the
MSMS.
2)For projects where infiltration or filtration is not feasible, or is prohibited as
described in the MSMS, the project must meet the mitigation provision of the
MSMS.
Sec. 18-272. Erosion control.
Erosion control standards apply to all land disturbance activity unless specifically
exempted by the definition of the term "land disturbance activity" in the city's erosion and
sedimentation control ordinance provided in section 18-143.
Sec. 18-273. Illicit discharges.
(a)Definitions: The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly
specifies a different meaning:
(1)Illicit Connectionmeans any drain or conveyance, whether on the surface or
subsurface, which allows an illicit discharge to enter the storm drain system
including but not limited to any non-stormwater discharge such as sewage,
process wastewater, and wash water, and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain or
connection had been previously allowed, permitted, or approved by an authorized
enforcement agency.
(2)Illicit Discharge means any discharge to a municipal separate storm sewer system
that is not composed entirely of stormwater except discharges pursuant to a
National Pollutant Discharge Elimination System (NPDES) permit (other than the
NPDES permit for discharges from the municipal separate storm sewer system)
and discharges resulting from firefighting activities.
(3)Municipal Separate Storm Sewer System(MS4) means a stormwater conveyance
or unified stormwater conveyance system (including but not limited to roads with
drainage systems, municipal streets, catch basins, stormwater detention facilities,
water quality treatment systems, curbs, gutters, ditches, natural or man-made
channels, or sidewalks) owned and operated by the City of Maplewood and
designed or used for collecting or conveying stormwater, and that is not used for
collecting or conveying sewage.
(4)Non-stormwatermeans any discharge to the municipal storm sewer system that is
not composed entirely of stormwater.
(5)Street Wash Water means water utilized by the City ofMaplewood in
sweeping/cleaning of streets.
(6)Stormwatermeans any surface flow, runoff, and drainage consisting entirely of
water in the form of natural precipitation, and resulting from such precipitation.
(7)Storm Sewer System means any facility by which stormwater is collected and/or
conveyed, including but not limited to any roads with drainage systems, municipal
streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and
detentions basins, natural and human made or altered drainage channels,
reservoirs, water quality treatment systems, and other drainage structures.
(b)Prohibition of illicit discharges: No person shall throw, drain, or otherwise discharge,
cause, or allow others under their control to throw, drain, or otherwise discharge into
the MS4 any non-stormwater, pollutants, or waters containing any pollutants other
than stormwater. The following discharges are exempt:
(1)Water line flushing performed by a government agency, other potable water
sources, landscape irrigation or lawn watering, diverted stream flows, rising
groundwater, groundwater infiltration to storm drains, uncontaminated pumped
groundwater, foundation or footing drains (not including active groundwater
dewatering systems), crawl space pumps, air conditioningcondensation, springs,
natural riparian habitat or wetland flows, irrigation water, individual residential car
washing, dechlorinated swimming pool discharges, street wash water, and any
other water source not containing pollutants;
(2)Discharges or flows from fire fighting, and other discharges specified in writing by
the city as being necessary to protect public health and safety;
(3)The prohibition provision above shall not apply to any non-stormwater discharge
permitted under an National Pollutant Discharge Elimination System (NPDES)
permit or order issued to the discharger and administered under the authority of
the Minnesota Pollution Control Agency and the U.S. Environmental Protection
Agency, provided that the discharger is in fullcompliance with all requirements of
the permit, waiver, or order and other applicable laws and regulations, and
provided that written approval has been granted for any discharge to the
(municipal/county) separate storm sewer system.
(4)These requirements do not replace or supersede other city ordinances,
watershed district rules or permit requirements, or state and federal rules or
permits required for the project.
(c)Prohibition of illicit connections: No person shall use any illicit connection to
intentionally convey non-stormwater to a storm sewer system. The construction,
use, maintenance or continued existence of illicit connections to a storm sewer
system is prohibited. This prohibition includes, without limitation; illicit connections
made in the past, regardless of whether the connection was permissible under the
law or practices applicable or prevailing at the time of connection.
(d)Inspection, monitoring, and testing: In response to a reported and/or identified illicit
discharge the City shall track the illicit discharge back to its source.
(1) The City Engineer and other duly authorized employees of the City, bearing
proper credentials and identification, shall at reasonable times be permitted to
enter upon all properties in the city utilizingproper procedures for the purpose of
inspection, observation, emergency response, measurement, sampling and
testing in connection with illicit discharge and the operation of the storm sewer
system.
(2)The City of Maplewood shall be permitted to enter and inspect facilities subject to
regulation under this division as necessary to determine compliance with this
division.
(3)The City of Maplewood shall have the right to set up at any storm sewer system
devices necessary in the opinion of the City to conduct monitoring, sampling
and/or dye testing of the facility’s stormwater discharge without need of securing
any easement, license or permit from the landowner.
(e)Violations, penalties and remedies:It shall be unlawful to violate any provisions or
fail tocomply with any of the requirements of this ordinance. The following is a list of
penalties and remedies that are available to the City and can be used to enforce
violations, depending on their severity:
(1)The City may send a letter of notice explaining to the person(s) responsible for
the violation what activities need to change and potential impacts that continuing
such activities may have.
(2)The City may send a code enforcement letter to the person(s) responsible for the
violation explaining what activities need to change, the cleanup measures that
need to performed by the individual(s), a deadline for completing the cleanup
work, and the penalties for failing to meet the cleanup deadline.
(3)The City may take legal action against any person(s) violating any provision of
this article. Any person(s) violating any provision of this article may be charged
with a misdemeanor and be subject to criminal penalties and restitution, if any.
(4)In the event the violation constitutes an immediate danger to public healthor
safety, the city is authorized to enter upon the subject property without giving
prior notice to take any and all measures necessary to abate the violation and/or
restore the property. In the event that the City is forced to perform such
abatement, the costs shall be assessed to the property.
(5)The City may, without prior notice, suspend storm sewer system access to any
building/site when such suspension is necessary to stop an actual or threatened
discharge, which presents or may present imminent and substantial danger to the
environment, to the health or welfare of persons, or to the storm sewer system or
surface waters.
(6)Failure to comply with a suspension order issued in an emergency will result in
any process deemed necessary to prevent or minimize damage to the storm
sewer system or surface waters, or to minimize danger to persons or property.
(f)Remedies not exclusive:The remedies listed in this division are not exclusive of any
other remedies available under any applicable federal, state, or local law and it is
within the discretion of the City of Maplewood to seek cumulative remedies. The City
of Maplewood may recover all attorneys’ fees, court costs, and clean up costs
associated with enforcement of this division including sampling and monitoring
expenses. The City may recover all fees and costs by assessing the costs to the
property.
(g)Compatibility with other regulations: This ordinance is not intended to modify or
repeal any other ordinance, rule,regulation, or other provision of law. The
requirements of this ordinance are in addition to the requirements of any other
ordinance, rule, regulation, or other provision of law, and where any provision of this
ordinance imposes restrictions different from those imposed by any other ordinance,
rule, regulation, or other provision of law, whichever provision is more restrictive or
imposes higher protective standards for human health or the environment shall
control.
(h)Severability:If any provision of this ordinance is found to be invalid for any reason
by a court of competent jurisdiction, the validity of the remaining provisions shall not
be affected.
Sec. 18-274. Regulating use of coal tar-based sealer products.
(a)Purpose.The city understands that lakes, rivers, streams and other bodies of water
are natural assets which enhance the environmental, recreational, cultural and
economic resources and contribute to the general health and welfare of the
community. The use of sealers on asphalt driveways is a common practice.
However, scientific studies on the use of driveway sealers have demonstrated a
relationship between stormwater runoff and certain health and environmental
concerns. Regulation of sealer products within the city is needed in order to protect,
restore, and preserve the quality of its waters.
(b)Definitions.
Asphalt-based sealer.A petroleum-based sealer material that is commonly used on
driveways, parking lots, and other surfaces and which does not contain coal tar.
Coal tar.A byproduct of the process used to refine coal.
Coal tar-based sealer.A sealer material containing coal tar that has not been mixed
with asphalt and which is commonly used on driveways, parking lots and other
surfaces.
PAHs (polycyclic aromatic hydrocarbons).A group of organic chemicals formed
during the incomplete burning of coal, oil, gas, or other organic substances present
in coal tar and believed harmful to humans, fish, and other aquatic life.
(c)Prohibitions.
(1)No person shall apply any coal tar-based sealer to any driveway, parking lot, or
other surface within the city.
(2)No person shall contract with any commercial sealer product applicator,
residential or commercial developer, or any other person for the application of
any coal tar-based sealer to any driveway, parking lot, or other surface within
the city.
(3)No commercial sealer product applicator, residential or commercial developer,
or other similar individual or organization shall direct any employee,
independent contractor, volunteer, or other person to apply any coal tar-based
sealer to any driveway, parking lot, or other surface within the city.
(d)Exemption.Upon the express written approval from both the City and the MPCA, a
person conducting bona fide research on the effects of coal tar-based sealer
products or PAHs on the environment shall be exempt from the prohibitions
provided insection 18-274.
(e)Asphalt-based sealcoat products.The provisions of this article shall only apply to
use of coal tar-based sealer in the city and shall not affect the use of asphalt-based
sealer products within the city.
Secs. 18-275—18-300. Reserved.
CODE OF ORDINANCES
Chapter 40 -UTILITIES
ARTICLE II. -SEWERS
DIVISION 1. GENERALLY
DIVISION 1. GENERALLY
Sec. 40-26. Operation of municipal sanitary sewer system as public utility.
Sec. 40-27. Discharges from properties.
Sec. 40-28. Right of entry.
Sec. 40-29. Causing damage to sewer system.
Sec. 40-30. Variations from requirements of article.
Sec. 40-31. Violations of article.
Secs. 40-32—40-60. Reserved.
Sec. 40-26. Operation of municipal sanitary sewer system as public utility.
The entire municipal sanitary sewer system of the city shall be operated as a public
utility and convenience from which revenues will be derived, subject to this article.
Sec. 40-27. Discharges from properties.
No person shall discharge out of or permitto flow from any residence or place of
business or any other property operated or owned by such person any foul or odorous
liquids, slops or substances into any street, lane, private ground, or public ground within
the city or into any body of water, stream or ditch, except into a sanitary sewer pursuant
to this article. Violation of this ordinance may be deemed as an illicit discharge in
accordance with Sec. 18-273.
Sec. 40-28. Right of entry.
The city engineer and other duly authorized employees of the city, bearing proper
credentials and identification, shall at reasonable times be permitted to enter upon all
properties in the city utilizing proper procedures for the purpose of inspection,
observation, measurement, emergency response, sampling and testing in connection
with the operation of the municipal sanitary sewer system.
Sec. 40-29. Causing damage to sewer system.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which is a part of the
municipal sewer system.
Sec. 40-30. Variations from requirements of article.
The city sewer inspector may permit variations from the strict application of any of
the sections of this article if satisfied that there are special circumstances or conditions
affecting the premises for which the variation is requested and that the granting of such
variation will not materially adversely affect health, safety or general welfare or public or
private property. Any variation permitted under this section must be noted on the permit.
Sec. 40-31. Violations of article.
Unless expressly otherwise provided, any person found guilty of violating any
section of this article shall be guilty of a misdemeanor and, upon conviction,shall be
punished in accordance withsection 1-15and or to the extent allowed under Minnesota
law and may also be required to pay any restitution for costs associated with the
violation, e.g. clean-up costs borne by the City.
Secs. 40-32—40-60. Reserved.
The City Council approved this ordinance on June 8, 2015.