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ORD 09-07ORDINANCE NO.: 09-07 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REGARDING EROSION AND SEDIMENT CONTROL. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.1 of the City Code is hereby amended to include the following provisions: 8. Site Development Permit: a. Under one (1) acre: $250.00 escrow b. One (1) acre to five (5) acres: $500.00 escrow C. More than five (5) acres: $1000.00 escrow Section 2. Chapter 4 of the Otsego City Code is hereby amended to include the following provisions: SECTION 4 EROSION AND SEDIMENT CONTROL Section: 4-4-1 Purpose 4-4-2 Definitions 4-4-3 Permits 4-4-4 Grading, Drainage, and Erosion Control Plan Requirements 4-4-5 Design Requirements 4-4-6 Inspection 4-4-7 Enforcement 4-4-8 Severability 4-4-1: PURPOSE: A. During the construction process, soil is the most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing water quality, and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches, and the dredging of lakes. In addition, clearing and grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitat and for a healthy living environment for citizens of the City of Otsego. B. The purpose of this Section is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement earth within the City of Otsego. 4-4-2: DEFINITIONS: For the purposes of this section, the following terms shall mean: BMP Manual: The manual titled Protecting Water Quality in Urban Areas (Best management Practices for Minnesota) prepared by the Minnesota Pollution Control Agency, Division of Water Quality, Latest Edition. Certified Contractor: An individual who has received training and is licensed by the State of Minnesota to inspect and maintain erosion and sediment control practices. Clearing: Any activity which removes the vegetative surface cover. Drainage Way: Any channel that conveys surface runoff throughout the site. Erosion Control: Any measures that prevent erosion. Grading, Drainage, and Erosion Control Plan: A set of plans prepared by or under the direction of a licensed professional engineer that depicts existing and proposed grading, temporary and permanent drainage facilities, and indicates the specific measures and sequencing to be used to control sediment and erosion on a development site before, during and after construction. Grading: Excavation or fill of material, including the resulting conditions thereof. Perimeter Control: A barrier that prevents sediment from leaving a site either by filtering sediment -laden runoff, or diverting it to a sediment trap or basin. Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next. 2 Sediment Control: Any measures that prevent eroded sediment from leaving the site. Site: A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation. Site Development Permit: A permit issued by the municipality for which the purpose is construction or alteration of ground. Stabilization: The use of practices that prevent exposed soil from eroding. Start of Construction: The first land -disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages. Watercourse: A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land. Waterway A channel that directs surface runoff to a watercourse, or to the public storm drain. 4-4-3: PERMITS: No land owner or land operator shall receive any of building, grading or other land development permits required for land disturbance activities without first meeting the requirements of this Section prior to commencing the proposed activity. The permit application must be accompanied by the following in order that the permit application be considered: a Grading, Drainage, and Erosion Control Plan and a permit review escrow as established by Ordinance. A. This Section applies to any construction activity disturbing ten thousand (10,000) square feet or more. B. No site development permit is required for the following activities: 1. Any emergency activity which is immediately necessary for the protection of life, property or natural resources. 2. Existing nursery and agricultural operations conducted as a permitted main or accessory use. 3. Developments that do not disturb more than ten thousand (10,000) square feet of land, provided they are not part of a larger common development plan. 3 4. Repairs to any erosion or sediment control practice deemed necessary by City Engineer. C. Each application shall include the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and shall be accompanied by the appropriate permit escrow. D. Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Grading, Drainage, and Erosion Control Plan, and that a Certified Contractor shall be on site on all days where construction or grading activity takes place. E. Security: The applicant shall file with the City of Otsego a faithful performance bond or bonds, letter of credit, or other improvement security in an amount deemed sufficient by the City of Otsego to cover all costs of improvements, landscaping, and maintenance of improvements for such period as specified by the City of Otsego for engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. 2. Determination of other improvement securities will be upon completion of improvements and installation and establishment of landscape and turf. Establishment of landscape and turf will be at the discretion of the City Engineer. F. Review and Approval: 1. The City of Otsego will review each application for a site development permit to determine its conformance with the provisions of this Section. Within sixty (60) days after receiving an application, the City Engineer shall, in writing: a. Approve the permit application; or b. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or C. Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission. n 2. Failure of the City of Otsego to act on original or revised applications within sixty (60) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the City of Otsego. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the City of Otsego. G. Permits issued under this Section shall be valid from the date of issuance through the date the City of Otsego notifies the permit holder that the site has passed the final inspection as required under the permit. 4-4-4: GRADING, DRAINAGE, AND EROSION CONTROL PLAN REQUIREMENTS: A. The Plan shall meet the criteria set forth in the most recent version of the Engineering Manual. B. Modifications to the Plan: Major amendments of the Grading, Drainage, and Erosion Control Plan shall be submitted to the City of Otsego and shall be processed and approved, or disapproved, in the same manner as the original plans. 2. Field modifications of a minor nature may be authorized by the City Engineer by written authorization to the permitee. 4-4-5: DESIGN REQUIREMENTS: Grading, erosion control, and sediment control practices shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City Engineer. Any construction activity disturbing one (1) acre or more of land shall meet additional criteria outlined in Section 5 if this Chapter. The design shall conform to the most recent version of the Engineering Manual and as specified herein: A. Clearing and Grading: 1. Clearing and grading of natural resources protection areas, including Wild and Scenic Recreational River District, Shoreland Overlay District, wetlands or wetland buffers shall not be permitted, except when in compliance all other Chapters of the City Code. 5 2. Clearing techniques that retain natural vegetation and retain natural drainage patterns shall be used to the satisfaction of the City Engineer. 3. Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of each phase to be established at plan review and as approved by the City Engineer. 4. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 5. Cut and fill slopes shall be no greater than 2:1, except as approved by the City Engineer to meet other community or environmental objectives. B. Erosion Control: Exposed soil (including stockpiles) must be stabilized according to the following schedule: Slope Time (days of inactivity) Steeper than 3:1 7 days 3:1 to 10:1 14 days Flatter than 10:1 21 days 2. If vegetative erosion control methods, such as seeding, have not become established within two (2) weeks, the City Engineer may require that the site be reseeded, or that a non -vegetative option be employed. 3. On steep slopes or in drainage ways, special techniques that meet the design criteria outlined in the Engineering Manual shall be used to ensure stabilization. 4. At the close of the construction season, the entire site must be stabilized, using a heavy mulch layer, or another method that does not require germination to control erosion. 5. Best management practices shall be employed to prevent the blowing of dust or sediment from the site. 6. Best management practices that divert upland runoff past disturbed slopes shall be employed. C. Sediment Controls: 0 Sediment controls shall be provided and maintained per the Engineering Manual. All control measures shall be installed prior to commencement of any upstream construction activities. 2. Where possible, detention basins shall be designed in a manner that allows adaptation to provide long term stormwater management. Detention basins must be cleaned after permanent erosion control measures are in place or final stabilization has been established. The design of the detention basins shall be per the Engineering Manual. 3. Adjacent properties shall be protected by the use of a vegetated buffer strip, in combination with perimeter controls. 4. Soil stockpiles must be stabilized or covered at the end of each work day unless a perimeter control is in place. D. Waterways and Watercourses: 1. When a wet watercourse must be crossed regularly during construction, a temporary stream crossing shall be provided, and an approval obtained from Department of Natural Resources. 2. When in -channel work is conducted, the channel shall be stabilized before, during and after work. 3. All on-site stormwater conveyance channels shall be designed according to the criteria outlined in the Engineering Manual. 4. Stabilization adequate to prevent erosion must be provided at the outlets of all pipes and paved channels. E. Construction Site Access: A temporary access road designed in compliance with the Engineering Manual shall be provided at all sites. 2. Other measures may be required at the discretion of the City Engineer in order to ensure that sediment is not tracked onto public streets by construction vehicles, or washed into storm drains. 4-4-6: INSPECTION: 7 A. The City Engineer shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the permitee wherein the work fails to comply with the Grading, Drainage, and Erosion Control Plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City of Otsego shall be maintained at the site during the progress of the work. In order to obtain inspections, the permitee shall notify the City of Otsego at least two (2) working days before the following: 1. Start of Construction. 2. Erosion and sediment control measures are in place and stabilized. 3. Site Clearing has been completed. 4. Rough Grading has been completed. 5. Final Grading has been completed. 6. Close of the Construction Season. 7. Final Landscaping. B. The permitee or their agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of the 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 the City Engineer at the time interval specified in the approved permit. C. The City Engineer shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section 4-4-7.13 of this Section. D. After final stabilization of the site has been -established, the City Engineer shall inspect the site for compliance with the approved Grading, Drainage, and Erosion Control Plans. 4-4-7: ENFORCEMENT: A. Stop -Work Order and Revocation of Permit. In the event that any person holding a site development permit pursuant to this Section violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons 8 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 Engineer may suspend or revoke the site development permit. B. Violation and Penalties: 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 Section. 2. 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. 3. In addition to the other penalties authorized by this Section, any person, partnership, or corporation convicted of violating any of the provisions of this Section shall be required to bear the expense of such restoration. 4. The remedies listed in this Section are not exclusive of any other remedies available under any applicable federal or state law or the City Code and it is within the discretion of the City of Otsego to seek cumulative remedies. 4-4-8: SEVERABILITY: The provisions of this Section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Section. Section 2. Chapter 4 of the Otsego City Code is hereby amended to include the following provisions: SECTION 5 POST CONSTRUCTION STORMWATER MANAGEMENT Section: 4-5-1 Purpose 4-5-2 Definitions 4-5-3 Permits 0 4-5-4 Waivers 4-5-5 Stormwater Management Plan 4-5-6 Design Requirements for Stormwater Management 4-5-7 Inspection 4-5-8 Maintenance and Repair Requirements 4-5-9 Enforcement 4-5-10 Severability 4-5-1: PURPOSE: A. Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; B. Stormwater runoff contributes to increased quantities of water -borne pollutants; and, C. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites. It is determined that the regulation of stormwater runoff discharges from land development projects and other .construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will prevent threats to public health and safety. D. The purpose of this Section is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public and environment in the watersheds within the City of Otsego through the following objectives: 1. Minimize increases in stormwater runoff from any development in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels. 2. Minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality. 3. Minimize the total annual volume of surface water runoff which flows from any specific site during and following development to not 10 exceed the pre -development hydrologic regime to the maximum extent practicable. 4. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety. E. This Section is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this Section should be considered minimum requirements, and where any provision of this Section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. 4-5-2: DEFINITIONS: For the purposes of this section, the following terms shall mean: Accelerated Erosion: Erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action. Applicant: A property owner or agent of a property owner who has filed an application for a stormwater management permit. Building: Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. BMP Manual: The manual titled Protecting Water Quality in Urban Areas (Best management Practices for Minnesota) prepared by the Minnesota Pollution Control Agency, Division of Water Quality, Latest Edition. Channel: A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Dedication: The deliberate appropriation of property by its owner for general public use. 11 Detention: The temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants. Detention Facility: A detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates. Developer: A person who undertakes land disturbance activities. Drainage Easement: A legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes. Fee in Lieu: A payment of money in place of meeting all or part of the storm water performance standards required by this ordinance. Grading, Drainage, and Erosion Control Plan: A set of plans prepared by or under the direction of a licensed professional engineer that depicts existing and proposed grading, temporary and permanent drainage facilities, and indicates the specific measures and sequencing to be used to control sediment and erosion on a development site before, during and after construction. Hotspot: An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. Hydrologic Soil Group (HSG): A Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff. Impervious Cover: Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc). Industrial Stormwater Permit: An National Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. Infiltration: The process of percolating stormwater into the subsoil. Infiltration Facility: means any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade. 12 Jurisdictional Wetland: means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Disturbance Activity: Any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation„ or any activity which bares soil or rock or involves the diversion or piping of any natural or man- made watercourse. Landowner: The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. Maintenance Agreement: A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of storm water management practices. Nonpoint Source Pollution: Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC ' 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Offset Fee: A monetary compensation paid to a local government for failure to meet pollutant load reduction targets. Off -Site Facility: A stormwater management measure located outside the subject property boundary described in the permit application for land development activity. On -Site Facility: A stormwater management measure located within the subject property boundary described in the permit application for land development activity. Recharge: The replenishment of underground water reserves. 13 Redevelopment: Any construction, alteration or improvement exceeding ten thousand (10,000) square feet in areas where existing land use is high density commercial, industrial, institutional or multi -family residential. Site Development Permit: The permit issued by the municipality for which the purpose is construction or alteration of ground. Stop Work Order: An order issued which requires that all construction activity on a site be stopped. Stormwater Management: The use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat. Stormwater Management Plan: The hydrologic analysis report and drainage area map(s) that provides the pre -development and post -development hydrologic site conditions. Stormwater Retrofit: A stormwater management practice designed for an existing development site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site. Stormwater Runoff: Means flow on the surface of the ground, resulting from precipitation. Stormwater Treatment Practices (STPs): means measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. SWPPP: The Stormwater Pollution Prevention Plan required by the NPDES permit. Water Quality Volume (WQ„): The storage needed to capture and treat 90% of the average annual stormwater runoff volume. Numerically (WQ„) will vary as a function of long term rainfall statistical data. Watercourse: A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. 4-5-3: PERMITS: No land owner or land operator shall receive any of the building, grading or other land development permits required for land disturbance 14 activities without first meeting the requirements of this ordinance prior to commencing the proposed activity. The permit application must be accompanied by the following in order that the permit application be considered: a Grading, Drainage, and Erosion Control Plan, a Stormwater Management Plan, and a permit review escrow as established in Section 2-4-2 of the City Code. A. This Section shall be applicable to all site development permit applications, unless eligible for an exemption or granted a waiver by the City of Otsego under the specifications of this ordinance. The ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. In addition, all plans must also be reviewed by local environmental protection officials to ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with any local and regional watershed plans. B. To prevent the adverse impacts of stormwater runoff, the City of Otsego has developed a set of performance standards that must be met at new development sites. These standards apply to any construction activity disturbing one (1) acre or more of land. C. No site development permit is required for the following activities: 1. Additions or modifications to existing single family structures. 2. Developments that do not disturb more than one (1) acre of land provided they are not part of a larger common development plan. 3. Repairs to any stormwater treatment practice deemed necessary by City Engineer or any emergency activity which is immediately necessary for the protection of life, property or natural resources. D. When a development plan is submitted that qualifies as a redevelopment project as defined in Section 4-5-2 of this ordinance, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current Engineering Manual. These criteria are dependent on the amount of impervious area created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the City of Otsego. E. The applicant shall file with the City of Otsego a security as outlined in Section 4-4-3-E of this Chapter. 15 F. The permit application shall follow the review and approval procedure outlined in Section 4-4-3-F of this Chapter. G. Permits issued under this section shall be valid from the date of issuance through the date the City of Otsego notifies the permit holder that the site has passed the final inspection as required under the permit. 4-5-4: WAIVERS: Every applicant shall provide for stormwater management as required by this ordinance, unless a written request is filed to waive this requirement. Requests to waive the stormwater management requirements shall be submitted to the City of Otsego for approval. A. The minimum requirements for stormwater management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies: 1. It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this ordinance. 2. Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the City of Otsego and the implementation of the plan is required by local ordinance. 3. Provisions are made to manage stormwater by an off-site facility. The off-site facility is required to be in place, to be designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long- term operation and maintenance of the stormwater practice. 4. The City of Otsego finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site. a. Onsite non-structural practices will be used that reduce: 1) The generation of stormwater from the site, 2) The size and cost of stormwater storage.and 3) The pollutants generated at the site. These non- structural practices are explained in detail in the 16 current BMP Manual and the amount of credit available for using such practices shall be determined by the City of Otsego. B. In instances where one of the conditions above applies, the City of Otsego may grant a waiver from strict compliance with these stormwater management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a waiver, the applicant must demonstrate to the satisfaction of the City of Otsego that the waiver will not result in the following impacts to downstream waterways: 1. Deterioration of existing culverts and other structures; 2. Degradation of biological functions or habitat; 3. Accelerated streambank or streambed erosion or siltation; 4. Increased threat of flood damage to public health, life, property. C. Where compliance with minimum requirements for stormwater management is waived, the applicant will satisfy the minimum requirements by meeting one of the mitigation measures selected by the City of Otsego authority. Mitigation measures may include, but are not limited to, the following: The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation. These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat, 2. The creation of a stormwater management facility or other drainage improvements on previously developed properties, public or private, that currently lack stormwater management facilities designed and constructed in accordance with the purposes and standards of this ordinance. 3. Monetary contributions (Fee -in -Lieu) to fund stormwater management activities such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water quality and macroinvertebrates, stream flow monitoring, threatened and endangered species studies, hydrologic studies, and monitoring of stormwater management practices.) a. Fee -in -Lieu of Stormwater Management Practices. 17 1) Where the City of Otsego waives all or part of the minimum stormwater management requirements, or where the waiver is based on the provision of adequate stormwater facilities provided downstream of the proposed development, the applicant shall be required to pay a fee in an amount as determined by the City of Otsego. 2) When an applicant obtains a waiver of the required stormwater management, the monetary contribution required shall be in accordance the adopted fee schedule. Otsego is storm water authority established by the City of Otsego, and based on the cubic feet of storage required for stormwater management of the development in question. All of the monetary contributions shall be credited to an appropriate capital improvements program project, and shall be made by the developer prior to the issuance of any building permit for the development. b. Dedication of land: In lieu of a monetary contribution, an applicant may obtain a waiver of the required stormwater management by entering into an agreement with the City of Otsego for the granting of an easement or the dedication of land by the applicant, to be used for the construction of an off-site stormwater management facility. The agreement shall be entered into by the applicant and the City of Otsego prior to the recording of plats or, if no record plat is required, prior to the issuance of the building permit. 4-5-5: STORMWATER MANAGEMENT PLAN: The plan shall include a stormwater drainage report and where storm sewer structures and pipe are present or proposed, storm sewer capacity calculations. The plan shall conform to the most recent version of the Engineering Manual requirements. A. The stormwater drainage report shall include: 1. A title page, table of contents, written summary of items critical to the review of the entire report, computer printouts of the hydrologic analysis stormwater model, and drainage area maps. 18 2. When storm sewer is proposed or present storm sewer sizing and spread calculations shall accompany the stormwater drainage report. Separate drainage area maps are required depicting the area draining to each storm sewer structure. B. The Grading, Drainage, and Erosion Control Plan shall incorporate all stormwater facilities (i.e. ponds, infiltration basins, storm sewer, etc.) as shown in the Stormwater Management Plan. C. Modifications to the plan: 1. Major amendments of the Stormwater Management Plan shall be submitted to the City of Otsego and shall be processed and approved, or disapproved, in the same manner as the original plans. 2. Field modifications of a minor nature may be authorized by the City Engineer by written authorization to the permitee. 4-5-6: DESIGN REQUIREMENTS FOR STORMWATER MANAGEMENT: Stormwater management practices shall be adequate to provide the best possible protection of the City of Otsego's residents and resources to the satisfaction of the City Engineer. The design shall conform to the most recent version of the Engineering Manual. 4-5-7: INSPECTION: The stormwater management practices shall be subject to the inspection procedures outlined in Section 4-4-6 of this ordinance and as specified herein: A. All applicants are required to submit actual "As -Built" plans for any stormwater management practices located on-site after final construction is completed. The Grading, Drainage, and Erosion Control Plan must have survey elevations shown to adequately show the final grading of all pond, basins, ditches, swales, and berms are built per the stormwater management design. 19 4-5-8: MAINTENANCE AND REPAIR REQUIREMENTS A. Maintenance Easement: Prior to the issuance of any permit that has an stormwater management facility as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the City of Otsego, or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this ordinance. The easement agreement shall be recorded by the Wright County in the land records. B. Maintenance Covenants: 1. Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by the City of Otsego and recorded into the land record prior to final plan approval. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts. 2. The City of Otsego, in lieu of an maintenance covenant, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. C. Requirements for Maintenance Covenants: All stormwater management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this ordinance and accomplishment of its purposes. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner, as determined by the City of Otsego, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the stormwater management facility. 20 D. Inspection of Stormwater Facilities: Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices. E. Right -of -Entry for Inspection: When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the property owner shall grant to the City of Otsego the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. F. Records of Installation and Maintenance Activities: Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least 5 years. These records shall be made available to the City of Otsego during inspection of the facility and at other reasonable times upon request. G. Failure to Maintain Practices: If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the City of Otsego, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. 2. The City of Otsego shall notify the party responsible for maintenance of the stormwater management facility of the violation in writing. Upon receipt of that notice, the responsible person shall have 24 hours to 7 days, as deemed appropriate by the City 21 Engineer and depending on the nature of the violation, to effect maintenance and repair of the facility in an approved manner. 3. After proper notice, the City of Otsego may assess the _owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as property taxes. 4-5-9: ENFORCEMENT: A. Stop -Work Order and Revocation of Permit. In the event that any person holding a site development permit pursuant to this Section violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, 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 Engineer may suspend or revoke the site development permit. B. Violation and Penalties 1. 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 Section. 2. 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. 3. In addition to the other penalties authorized by this Section, any person, partnership, or corporation convicted of violating any of the provisions of this Section shall be required to bear the expense of such restoration. 4. The remedies listed in this Section are not exclusive of any other remedies available under any applicable federal or state law or the City Code and it is within the discretion of the City of Otsego to seek cumulative remedies. 4-5-10: SEVERABILITY: If the provisions of any article, section, subsection, paragraph, subdivision or clause of this ordinance shall be judged 22 invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Section. Section 4. Chapter 6 of the Otsego City Code is hereby amended to include the following provisions: SECTION 9 STORMWATER UTILITIES Section: 6-9-1 Purpose 6-9-2 Definitions 6-9-3 Applicability 6-9-4 Administration 6-9-5 Ultimate Responsibility 6-9-6 Discharge Prohibitions 6-9-7 Suspension of MS4 Access 6-9-8 Industrial or Construction Activity Discharges 6-9-9 Monitoring of Discharges 6-9-10 Best Management Practices 6-9-11 Watercourse Protection 6-9-12 Notification of Spills 6-9-13 Enforcement 6-9-14 Severability 6-9-1: PURPOSE: The purpose of this Section is to provide for the health, safety, and general welfare of the residents and environment of the City of Otsego through the regulation of non -storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This Section establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Section are: A. To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user B. To prohibit Illicit Connections and Discharges to the MS4. 23 C. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Section. D. To establish responsibility for failure and remediation, if necessary. 6-9-2: DEFINITIONS: For the purposes of this section, the following terms shall mean: Best Management Practices (BMPs): schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. ' 1251 et seq.), and any subsequent amendments thereto. Construction Activity: Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one (1) acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal Discharge: Any direct or indirect non -storm water discharge to the storm drain system. Illicit Connections: An illicit connection is defined as either of the following: A. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non -storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system 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; or, 24 B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC ' 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Non -Storm Water Discharge: Any discharge to the storm drain system that is not composed entirely of storm water. Person: means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, Sections, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Drainage System: Publicly -owned facilities by which storm water 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 detention basins, natural and human -made or altered drainage channels, reservoirs, and other drainage structures. Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Stormwater Pollution Prevention Plan (SWPPP): A document which describes the Best Management Practices and activities to be implemented by a person or 25 business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged from a facility. 6-9-3: APPLICABILITY: This Section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City of Otsego. 6-9-4: ADMINISTRATION: The City of Otsego shall administer, implement, and enforce the provisions of this Section. Any powers granted or duties imposed upon the City of Otsego may be delegated by the City Council of the City of Otsego to persons or entities acting in the beneficial interest of or in the employ of the City. 6-9-5: ULTIMATE RESPONSIBILITY: The standards set forth herein and promulgated pursuant to this Section are minimum standards; therefore this Section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. 6-9-6: DISCHARGE PROHIBITIONS: A. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. B. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: 1. The following discharges are exempt from discharge prohibitions established by this Section: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering 26 systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet -land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire fighting activities, and any other water source not containing Pollutants. 2. Discharges specified in writing by the City of Otsego as being necessary to protect public health and safety. 3. Dye testing is an allowable discharge, but requires a verbal notification to the City of Otsego prior to the time of the test. 4. The prohibition shall not apply to any non -storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. C. Prohibition of Illicit Connections: The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. 2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person is considered to be in violation of this Section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. 6-9-7: SUSPENSION OF MS4 ACCESS: A. Suspension due to Illicit Discharges in Emergency Situations: 1. The City of Otsego may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. 27 2. If the violator fails to comply with a suspension order issued in an emergency, the City of Otsego may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. B. Suspension due to the Detection of Illicit Discharge: 1. Any person discharging to the MS4 in violation of this Section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The City of Otsego will notify a violator of the proposed termination of its MS4 access. The violator may petition the City of Otsego for a reconsideration and hearing. 2. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the City of Otsego. 6-9-8: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES: Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Otsego prior to the allowing of discharges to the MS4. 6-9-9: MONITORING OF DISCHARGES: A. Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. B. Access to Facilities: 1. The City of Otsego shall be permitted to enter and inspect facilities subject to regulation under this Section as often as may be necessary to determine compliance with this Section. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency. 2. Facility operators shall allow the City of Otsego ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the 28 performance of any additional duties as defined by state and federal law. 3. The City of Otsego shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City of Otsego to conduct monitoring and/or sampling of the facility's storm water discharge. 4. The City of Otsego has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City of Otsego and shall not be replaced. The costs of clearing such access shall be borne by the operator. 6. Unreasonable delays in allowing the City of Otsego access to a permitted facility shall be a violation of a storm water discharge permit and of this Section. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the City of Otsego reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Section. 7. If the City of Otsego has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Section or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City of Otsego may seek issuance of a search warrant from any court of competent jurisdiction. 6-9-10: BEST MANAGEMENT PRACTICES: The City of Otsego shall adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or 29 contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States. 2. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non- structural BMPs. 3. Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. 4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. 6-9-11: WATERCOURSE PROTECTION: Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. 6-9-12: NOTIFICATION OF SPILLS: 1. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. 2. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. W, 3. In the event of a release of non -hazardous materials, said person shall notify the City of Otsego in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City of Otsego within three (3) business days of the phone notice. 4. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. 6-9-13: ENFORCEMENT: A. Notice. Whenever the City of Otsego finds that a person has violated a prohibition or failed to meet a requirement of this Section, the City of Otsego may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: 1. The performance of monitoring, analyses, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and 5. Payment of all expenses incurred by the City of Otsego related to administrative and remediation costs; and 6. The implementation of source control or treatment BMPs. B. Action Required. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. 31 C. Appeal. Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal .must be received within ten (10) days from the date of the Notice of Violation. Hearing on the appeal before the appropriate authority or their designee shall take place within fifteen (15) days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. D. Post Appeal Enforcement. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within ten (10) days of the decision of the City of Otsego upholding the decision of the authorized enforcement agency, then representatives of the City of Otsego shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. E. Abatement Costs. Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment according to State Statute. If the amount due is not paid within a timely manner as determined by the decision of the City of Otsego or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. F. Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Section. If a person has violated or continues to violate the provisions of this Section, the City of Otsego may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. G. Compensatory Actions. In lieu of enforcement proceedings, penalties, and remedies authorized by this Section, the City of Otsego may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup or other actions approved by the City Council. H. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Section is a threat to public 32 health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. I. Criminal Prosecution. Any person violating any provision of this chapter shall be punished pursuant to applicable State Statute regarding misdemeanor penalties, as amended, plus the costs of prosecution. K. Remedies Not Exclusive. The remedies listed in this Section 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 Otsego to seek cumulative remedies. 6-9-14: SEVERABILITY: The provisions of this Section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Section. Section 5. This Ordinance shall become effective immediately upon its passage and publication according to law. MOTION BY: CM HEIDNER SECOND BY: CM SCHARBER ALL IN FAVOR: MAYOR STOCKAMP: COUNCIIME,,BERS: HEIDNER, SCHARBER, DARKENWALD AND THORSTED. THOSE OPPOSED: NONE. ADOPTED by the Otsego City Council this 13th day of July, 2009. CITY OF OTSEGO On -. Mayor - 33 ATTEST: Tami Loff, City Clerk 34 SUMMARY OF ORDINANCE NO.: 09-07 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REGARDING EROSION AND SEDIMENT CONTROL. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.1 of the City Code is hereby amended to include the following provisions: 8. Site Development Permit: a. Under one (1) acre: $250.00 escrow b. One (1) acre to five (5) acres: $500.00 escrow C. More than five (5) acres: $1000.00 escrow Section 2. Chapter 4 of the Otsego City Code is hereby amended to include the following provisions: SECTION 4 EROSION AND SEDIMENT CONTROL Section: 4-4-1 Purpose 4-4-2 Definitions 4-4-3 Permits 4-4-4 Grading, Drainage, and Erosion Control Plan Requirements 4-4-5 Design Requirements 4-4-6 Inspection 4-4-7 Enforcement 4-4-8 Severability Section 3. Chapter 4 of the Otsego City Code is hereby amended to include the following provisions: SECTION 5 POST CONSTRUCTION STORMWATER MANAGEMENT Section: 4-5-1 Purpose 4-5-2 - Definitions 4-5-3 Permits 4-5-4 Waivers 4-5-5 Stormwater Management Plan 4-5-6 Design Requirements for Stormwater Management 4-5-7 Inspection 4-5-8 Maintenance and Repair Requirements 4-5-9 Enforcement 4-5-10 Severability Section 4. Chapter 6 of the Otsego City Code is hereby amended to include the following provisions: SECTION 9 STORMWATER UTILITIES Section: 6-9-1 Purpose 6-9-2 Definitions 6-9-3 Applicability 6-9-4 Administration 6-9-5 Ultimate Responsibility 6-9-6 Discharge Prohibitions 6-9-7 Suspension of MS4 Access 6-9-8 Industrial or Construction Activity Discharges 6-9-9 Monitoring of Discharges 6-9-10 Best Management Practices 6-9-11 Watercourse Protection 6-9-12 Notification of Spills 6-9-13 Enforcement 6-9-14 Severability Section 5. This Ordinance shall become effective immediately upon its passage and publication according to law. iA MOTION BY: Heidner SECOND BY: Scharber ALL IN FAVOR: Darkenwald, Heidner, Scharber, Stockamp, Thorsted THOSE OPPOSED: None ADOPTED by the Otsego City Council this 13th day of July, 2009. CITY OF OTSEGO BY: Jessica Stockamp, Mayor ATTEST: Tami Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours. 3