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HomeMy WebLinkAbout0848ORDINANCE NO. 848 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE, THE ZONING ORDINANCE, CONCERNING FLOODPLAINS, EROSION AND DRAINAGE THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 11-16-7 of the Lakeville City Code is amended to read: 11-16-7: EROSION AND DRAINAGE: A. Permit Applicants: No person or political subdivision shall commence a land disturbing activity or create new impervious surface without first obtaining a permit from the City that incorporates and approves a Stormwater Pollution Prevention Plan (SWPPP) for the activity, development or redevelopment. For sites disturbing less than one (1) acre, an Erosion and Sediment Control Plan maybe submitted as part of the building permit application. B. .Development Not Permitted: No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of sediment on adjacent properties: Such runoff shall be properly channeled into a storm drain, watercourse, ponding area, or other public facilities subject to the review and approval of the City Engineer. C. Standards: Erosion and sediment controls shall meet the standards for the General Permit Authorization to Discharge Storm Water Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MN R100001 (NPDES General Construction Permit) issued by the Minnesota Pollution Control Agency, as amended. Final stabilization of the site must be completed in accordance with NPDES General Construction Permit requirements. D. Engineer Approval: In the case of all single-family lots, multiple-family lots, business, industrial and institutional developments, the drainage and erosion control plans shall be subject to the engineer's written approval. No modification in grade and drainage flow through fill, cuts, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the City Engineer. E. Approval Of Erosion Control Measures: Proposed erosion control measures maybe approved by the City Engineer as part of grading plan review. Erosion control maybe specified by the City Engineer as part of a site survey for individual building permits. Erosion and sediment control measures shall be consistent with Best Management Practices (BMPs) for erosion and sedimentation control as specified in the Minnesota Stormwater Manual (MPCA, 141081x03 2005); as amended, and shall be sufficient to retain sediment on site. Erosion control measures may also be specified by the City Engineer as needed and deemed appropriate during the construction and post-construction periods separate from the above. F. Storm Sewer Inlets: All storm sewer inlets which are functioning during construction shall be protected so that sediment laden water not enter the conveyance system without first being filtered or otherwise treated to remove sediment. G. Stormwater Channels: All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. Erosion controls must be provided at the outlets of all storm sewer pipes. H. Sediment Control Practices: All temporary erosion and sediment controls shall be installed on all down gradient perimeters before commencing the land disturbing activity, and left in place and maintained as needed until removed per City approval after the site had been stabilized. All permanent erosion. control measures shall be installed and operational per the design and as required by the City. L Tracking: Each site shall have rock construction entrance,. access drives and parking areas. of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday or more often if necessary to maintain the road in safe driving condition. J. Seeding: All disturbed ground left inactive for seven (7) or more days shall. be stabilized by seeding or sodding or by mulching or covering or other equivalent control measure. K. Sites More Than One Acre Not Graded: If the activity creates more than one (1) acre of disturbed area, and the activity is taking place on a site where soils are currently disturbed (e.g., a tilled agricultural site that is being developed), areas that will not be graded as part of the development and areas that will not be stabilized according to the timeframes specified in the NPDES General Construction permit Part IV.B.S, shall be seeded with a temporary or permanent cover before commencing the proposed land disturbing activity. L. Removal:. All temporary erosion control devices including silt fence, gravel, hay bales or other measures shall be removed from the construction site and properly disposed of or recycled. This removal and disposal must occur within thirty (30) days of the establishment of permanent vegetative cover on the disturbed area. M. -Site Dewatering: Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters; upflow chambers, hydro-cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels of a wetland. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. Minnesota department of natural resources regulations regarding appropriate permits shall also be strictly adhered to. 141081x03 2 N. Waste And Material Disposal: All waste and unused building materials (including garbage, debris, cleaning wastes,. waste water, toxic materials or hazardous materials) shall be properly disposed of off site. and not allowed to be carried by runoff into a receiving channel or storm sewer system. O. Foundation, Garage Floor: Unless approved by the city engineer, the top of the foundation and garage floor of all structures shall be at least eighteen inches (18") above the grade of the crown of the street: P. Stop Work Order: The city's building official or city engineer may issue stop work orders for any violation of this title. SECTION 2. Section 11-101-11 (E) of the Lakeville City Code is amended to read: 11-101-11: FW, FLOODWAY DISTRICT: E. Standards For Fooodway Conditional Uses: No structure (temporary or permanent), fill (including fill for roads- and levees), deposit, obstruction, storage of materials or equipment, or other uses maybe allowed as a conditional use which, acting alone or in combination with existing or anticipated future uses, adversely affect the capacity of the floodway, or increase flood heights, with the exception of floodway boundary amendments. Consideration of the effects of a proposed use shall be based upon the reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. All conditional use applications shall be accompanied by a floodway impact statement drafted by a registered engineer. The City Engineer shall be responsible for submitting the proposal and application to the Department of Natural Resources and any other governmental unit having jurisdiction over.-the area for review and comment. 1. Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. 2. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless along-term site development plan is submitted which includes an erosion sedimentation prevention element to the plan. 3. As an alternative, and consistent with subsection E2 of this Section, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or .other materials which would have caused an increase to the stage of the 100=year or regional flood but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the. property in the office of the County Recorder. 4. Any floodway alteration or filling shall not cause a net decrease in flood storage capacity below the regulatory flood protection elevation unless it is shown that the proposed alteration or filling, together with an equal degree of flood storage reduction on all other land in the affected reach of the water body or watercourse, will not cause high water or aggravate flooding on other land and will not unduly restrict flood flows. 141081x03 3 5. All structures shall be constructed with the lowest floor level at or above the regulatory flood. protection elevation plus any increases in flood stages attributable to .encroachments on the floodplain. 6. Flood storage, flowage, and drainage easements-shall be dedicated over areas in the floodway below the regulatory flood protection elevation of any water body, watercourse, or wetland. 7: Any alteration or filling that alters floodplain boundaries, including bridge crossings and regional ponds, and increases upstream high water levels maybe allowed :provided that: a. The applicant submits easements or other documentation in a form acceptable to the City demonstrating and recording the consent of the owner of any land ,affected by the increase in the 100-year flood level; b. The action is consistent with the City Code and State and Federal Regulations; and c. The upstream impacts, riparian impacts and habitat impacts of the proposed action are analyzed and no detrimental impacts result, or adverse impacts. are mitigated.. SECTION 3: Section 11-101-17 of the Lakeville City Code is amended to read: 11-101-17: SUBDIVISIONS: A. Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within. the flood plain. districts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Title and have road access both to the subdivision and to the individual building sites no lower than two feet (2') below the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. B. ..Easements. Flood storage, flowage and drainage easements shall be dedicated over areas in the floodway below the regulatory flood protection elevation of any water body, watercourse, or wetland in conjunction with the subdivision of land. C. Removal Of Special Flood Hazard Area Designation: FEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA requirements incorporate specific fih compaction and. side slope protection standards for multi-structure or multi-lot developments. SECTION 4. Section 11-101-19 of the Lakeville City Code is amended to read: 11-101-19: PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES: A. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be floodproofed in accordance with the State 141081v03 4 Building Code or elevated to above the regulatory flood protection elevation and comply with the following setbacks: L Where a watercourse has a sinuous flow pattern and a meander belt can be identified, the setback for new underground utilities shall be setback 15 feet from the outer edge of the meander belt. 2. Where a sinuous flow pattern and meander belt are not readily identifiable because of past channel alterations and/or the geomorphology of the channel, the setback established for new underground utilities shall provide for the potential for restoration and a sinuous flow pattern as follows: a. Where there are existing encroachments that limit full restoration of the watercourse to the meander widths appropriate for the watercourse type, the setback shall be 15 feet from the reasonably achievable restorationwidth as determined by the City Engineer for the meander belt given the existing encroachments. b. Where full restoration is possible, the setback shall be 15 feet from a meander belt width defined as 10 times the bankfull channel width. The bankfizll channel width of a stream, .creek, or river is its width at bankfizll stage; the water. level in a watercourse where the flow just begins to leave the main channel and enter the active floodplain. c. An assessment of the watercourse type maybe completed, and meander belt widths established according to the stream type, in place of using the above formula as approved by the City Engineer. 3. Exemption. Utilities that require reaching or crossing the watercourse, are exempted from this Section provided the minimum impact alignment is used. B. Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the FP Floodway District shall comply with subsection 11-101-11E of this Chapter. All railroad tracks, roads, bridges, and major transportation facilities must be constructed at or above the regulatory flood protection elevation where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or minor railroads may be constructed at an elevation two feet (2') below the regulatory flood protection elevation where failure or interruption of transportation services would not endanger the public health or safety. C. On-Site Sewage Treatment And Water Supply Systems: Where public utilities are not provided: 1) on-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) new or replacement on-site sewage treatment systems must be designed tominimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current Statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Chapter. SECTION 5. This Ordinance shall be effective immediately upon its passage and publication. 141081x03 5 ADOPTED by the City Council of the City of Lakeville this 17th day of November, 2008. CIT' BY: ATTEST: ~-. ~' ~. harlene Friedges, City Jerk 141081x03 PUBLIC NOTICE CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA SUMMARY OF ORDINANCES NO. 847 AND 848 AMENDING TITLE 10 OF THE LAKEVILLE CITY CODE (THE SUBDIVISION ORDINANCE) CONCERNING STORM DRAINAGE, EROSION CONTROL AND WETLANDS AND TITLE 11 OF THE LAKEVILLE CITY CODE (THE ZONING ORDINANCE) CONCERNING FLOODPLAINS, EROSION AND DRAINAGE These ordinances are revisions to Title 10, Section 4 of the City's Subdivision Ordinance concerning storm drainage, ero- sion control and wetlands and Title 11, Sections 16 and 101 of the City's Zoning Ordinance concerning floodplains, erosion and drainage. The ordinance revisions, which reflect the new Vermillion River Watershed Management Plan, are con- tained in the following sections: 10-4-3R: Seeding or Sodding 10-4-5: Erosion and Sediment Control 10-4-6: Storm Drainage 10-4-7: Protected Areas 10-4-12: Wetlands 11-16-7: Erosion and Drainage 11-101-11: FW, Floodway District 11-101-17: Subdivisions 11-101-19: Public Utilities, Railroads, Roads, and Bridges A printed copy of the entire ordinance is available for inspection by any person dur- ing the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 17th day of November 2008. CITY OF LAKEVILLE BY: Holly Dahl, Mayor ATTEST: Charlene Friedges, City Clerk 1497522 11/21/08 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS Tad Johnson, being duiy sworn on oath says that he is the managing editor of the newspaper known as Thisweek Farmington/Lakeville, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as ammended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Friday, the 21st day of November, 2008, and was therefore printed and published on every Friday to and including Friday. the 21st day of November, 2008, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefghijklmnopgrstuvwxyz Managing Editor Subscribed and sworn to before me on this 21st day of November. 2008 Notary Public 1497522 ;, T`•< Kara Elizabeth Shimota Notary Public r�. Minnesota ,le My Commission Expires January 31, 2012