HomeMy WebLinkAboutVIII-03 1st Reading - Order Public Hearing - Ordinance Amendment - City Code Chapters 152 and 158 - Storm Water Management and Property Maintenance City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Caven, Assistant City Engineer
Date: November 30, 2022
Item: 1st Reading / Order Public Hearing: Amend City Code Chapters 152 – Storm Water Management
and City Code 158 – Property Maintenance
Council Action Requested:
The council is requested to consider the 1st reading and order a public hearing to amend Hastings City
Code Chapter 152 relating to Storm Water Management and City Code Chapter 158 relating to Property
Maintenance. The 2nd reading, public hearing, and final adoption would be scheduled for the December
19, 2022 City Council Meeting.
Background Information:
The Federal Clean Water Act requires small cities (called municipal separate storm sewer systems or
MS4) to submit a permit to discharge storm water into receiving water bodies. The storm water permit
typically covers a five-year period and is intended to reduce pollutants from not only our storm sewer
discharge points, but also from overland runoff that drains directly to rivers, lakes, and ponds.
To comply with the MS4 Permit, the City of Hastings submitted their first storm water pollution prevention
plan (SWPPP) annual report to the Minnesota Pollution Control Agency (MPCA) on June 30, 2008, and
submits an annual report by June 30th of each subsequent year. On November 16, 2020 the MPCA
drafted and approved a revised permit. Consequently, MS4’s were required to update their SWPPP by
the end of 2022 to reflect the permit changes. Many changes such as employee training, topics meeting
public outreach goals, and general documentation of storm water related practices and procedures have
already been completed. The remaining item to achieve permit compliance requires City Council approval
through the Public Hearing process to revise the City Ordinances as it relates to property maintenance
and design standards for development/construction projects. A summary of the proposed changes to the
ordinance include:
Chapter 152 – Storm Water Management
1. Re-organizes entire 152.08 Approval Standards section to make it flow better and be more user
friendly.
2. Provides clarity on permitting authority of the City of Hastings as it pertains to the rules and
standards of the Vermillion River Watershed Joint Powers Organization (VRWJPO) and MPCA.
3. Provides clarity in identifying storm water design and erosion control requirements (including
applicability):
a. For projects disturbing over one acre versus under one acre,
b. For linear projects (such as road reconstruction projects or trail projects).
4. Formally requires the MPCA volume control/water quality calculation to be submitted in addition
to the current VRWJPO requirement, and the more stringent of the two to be selected.
5. Provides clarity as to guidance of possible alternative approaches to volume control/water quality
when certain limitations exist on a constructed site.
6. Requires conservation easements or outlots to be recorded to protect identified buffers adjacent
to wetlands and watercourses.
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Chapter 158 – Property Maintenance
1. Requires property owners to store their de-icing salt under a roof and on a hard surface to
minimize its unnecessary leeching into the environment (Note: Training and other permit efforts
are simultaneously being made to minimize unnecessary usage of salt in the winter time.)
VRWJPO has reviewed the revised ordinance and confirms it satisfies the general intent of their rules.
The City of Hastings must be as strict or stricter than the VRWJPO rules to maintain permitting authority.
Furthermore, the recommended ordinance changes would bring the City of Hastings into compliance with
the MS4 Permit mandated by the MPCA.
Financial Impact:
No financial impact for the City.
Attachments:
Draft Ordinance Amendment
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ORDINANCE NO. _____________
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING
HASTINGS CITY CODE CHAPTER 152, STORMWATER MANAGEMENT AND
CHAPTER 158, PROPERTY MAINTENANCE REQUIREMENTS
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain
as follows:
SECTION 1 AMENDMENT. The Code of the City of Hastings, Counties of Dakota and
Washington, State of Minnesota, Chapter 152, Stormwater Management shall be amended as
follows (items in underlined are additions, items stricken are deletions):
152.04 Definitions:
BMP. Best Management Practices (BMPs) are the most effective and practical means of erosion
and sediment control, and water quality management practices aimed to control, prevent, and
minimize degradation of surface water.
BUFFER. An area of natural, minimally maintained, vegetated ground cover abutting or
surrounding a watercourse, public waters wetland, or wetland.
FULLY RECONSTRUCTED. Impervious surfaces that have been removed down to the
underlying soils. Activities such as structure renovation, reclamation projects, mill and overlay
projects, and other pavement rehabilitation projects do not expose the underlying soils beneath
the structure, pavement, or activity are not considered fully reconstructed.
IMPERVIOUS SURFACE. Constructed hard surface that either prevents or retards the entry
of water into the soil and causes water to run off the surface in greater quantities and at an
increased rate of flow than prior to development. Examples include rooftops, sidewalks,
driveways, parking lots and concrete, asphalt, or gravel roads or parking lots.
INFILTRATION. A stormwater retention method for the purpose of reducing the volume of
stormwater runoff by transmitting water into the ground through the earth’s surface.
LINEAR PROJECT. Construction of new or fully reconstructed roads, trails, sidewalks, or rail
lines that are not part of a larger common plan of development or sale.
MPCA. Minnesota Pollution Control Agency.
NPDES. National Pollutant Discharge Elimination System.
VRWJPO. Vermillion River Watershed Joint Powers Organization
WCA. Wetland Conservation Act
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WETLANDS. Any wetland as described in Minn. Stat. § 103G.005, subd. 19.
Lands transitional between terrestrial and aquatic systems where the water table is usually at or
near the surface or the land is covered by shallow water no deeper than 6 feet. For purposes of
this definition, wetlands must have the following 3 attributes:
1. Have a predominance of hydric soils;
2. Are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in
saturated soil conditions; and
3. Under normal circumstances support a prevalence of the vegetation.
152.05 Scope and Effect.
A. Applicability. Every applicant for a building permit, subdivision approval, or a permit to
allow land disturbing activities must submit a stormwater management plan to the Public
Works Department. No building permit, subdivision approval, or permit to allow land
disturbing activities shall be issued until approval of the stormwater management plan or
a waiver of the approval requirements has been obtained in strict conformance with the
provisions of this chapter. The provisions of §152.09 this Chapter apply to all land,
public or private, located within the City of Hastings.
B. Exemptions. The provisions of this chapter do not apply to:
1. Any part of a subdivision if a plat for the subdivision has been approved by the
City Council on or before the effective date of this chapter,which includes an
approved storm water plan, for one year following preliminary approval and for
two years following final approval by the City Council.
2. Any land disturbing activity for which plans have been approved by the watershed
management organization within 6 months prior to the effective date of this
chapter;
3. A lot for which a building permit has been approved on or before the effective
date of this chapter;
4. Installation of fence, sign, telephone, and electric poles and other kinds of posts or
poles gardening, tree planting, deck construction, and other types of construction
disturbing 1/3 acre or less; or
5. Emergency work to protect life, limb, or property.
152.08 Approval Standards
A. Construction activity of any size
1. Site Dewatering
a. Water pumped from the site shall be treated by temporary sedimentation
basins, grit chambers, sand filters, up flow 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 in receiving channels or a wetland.
2. Waste And Material Disposal
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a. All waste and unused building materials (including garbage, debris,
concrete washout, cleaning wastes, wastewater, toxic materials or
hazardous materials) shall be properly disposed of off-site and not allowed
to be carried off by runoff into a receiving channel or storm sewer system.
3. Site Erosion & Sediment Control.
a. Erosion and sediment control measures shall be consistent with Best
Management Practices (BMPs), included in the City’s Builders Handbook
and Public Works Design Manual or otherwise approved by the City, and
shall be sufficient to retain sediment on site.
b. 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 removal is approved by the
City after the site had been stabilized. All permanent erosion control
measures shall be installed and operational per the design and as approved
by the City.
c. All activities on the site shall be phased and/or conducted in a logical
sequence to minimize the area of bare soil exposed at any one time.
d. All disturbed ground to be left inactive for 14 or more days shall be
stabilized by seeding and mulching, sodding, coverings, or other
equivalent control measure by no later than 14 calendar days after the
construction activity has ceased. Stabilization shall occur within 7
calendar days when within one aerial mile from an MPCA defined special
or impaired water.
e. All stockpiles shall contain silt fence or other effective sediment controls
at the base of stockpiles on the downgradient perimeter.
f. All storm drain inlets shall be protected during construction until control
measures are in place with best management practices included within the
City’s Builders Handbook and Public Works Design Manual or otherwise
approved by the City.
g. Each site shall have a minimum of graveled roads, access drives, and
parking areas of sufficient width and a length providing a minimum of 50
feet of maintained graveled surface both from the edge of the public or
private roadway 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.
Failure to keep the public or private roadway clean may result in the city
ordering a stop work order until the roadways are properly cleaned.
h. All erosion and sediment control inspection priorities must be given to
areas susceptible to erosion due to site topography, soil characteristics,
quality of receiving water, state of construction, and weather conditions.
4. Rate Control
a. Shall not adversely affect neighboring properties and downstream
stormwater systems.
B. Construction activity with land disturbing activities greater than or equal to one acre,
including projects less than an acre that are part of a larger common plan of development
or sale greater than equal to one acre.
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1. The City of Hastings is the permitting authority on construction projects.
Construction activity shall meet the permit requirements within
a. The most current requirements of the General Permit Authorization to
Discharge Stormwater Associated with Construction Activity Under the
National Pollutant Discharge Elimination System (NPDES)/State Disposal
System (SDS) Program, otherwise known as the Construction Stormwater
Permit, issued by the Minnesota Pollution Control Agency (MPCA).
b. The most current requirements of the Vermillion River Watershed Joint
Powers Organization.
2. Site Erosion & Sediment Control.
a. Qualified individual representing Construction Stormwater Permit holder
must submit to the City an erosion control inspection form one time per
week and after every half inch or greater rain event. A rain gage must be
present on site.
3. Design Standards
a. All on-site stormwater conveyance channels shall be designed and
constructed to withstand the expected velocity flow from a 10-year
frequency storm without erosion.
b. All on-site basins shall be designed and constructed to withstand the
expected 100-year frequency storm without erosion to the pond, inlet or
outlet discharge. The high water level (HWL) shall be noted on the plan
and entirely contained within an easement.
c. Precipitation frequency estimates must utilize the most current published
estimates by NOAA (ie. Atlas 14 Version 8).
d. Existing condition is considered the date received on the Stormwater
Management Plan submittal. “Common plan of development” dates back
to the year 2005.
e. Hydrologic models and design methodologies used for the determination
of runoff analysis of storm water management infrastructure shall be
signed by a registered Minnesota Professional Engineer and approved by
the Engineering Department.
f. Infiltration techniques are the preferred approach and to be given highest
priority to meeting volume and water quality requirements. Pre-treatment
leading to infiltration basins is recommended. Where limitations apply,
other green technologies shall be explored (ie. filtration,
evapotranspiration, reuse/harvesting, etc) to the maximum extent possible.
g. Infiltration areas must draw down within 48 hours of a significant rainfall
unless otherwise specified within the Minnesota Stormwater Manual. The
recommended number of soil borings, per Minnesota Stormwater Manual,
shall be provided in the location of the proposed infiltration BMP to
support the design infiltration rate.
h. Infiltration areas identified on the plan must either be fenced or delineated
prior to the project to protect the area from compaction during
construction activity.
4. Long-Term Stormwater BMP Maintenance Agreement
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a. A legal document shall be executed that determines the party responsible
for the long-term maintenance of the proposed stormwater BMPs designed
to meet the design standards of this Ordinance. Should the BMP be on
private property, the agreement shall allow the City to enter the property
to inspect, notify owner of maintenance duties, and if necessary conduct
necessary maintenance to maintain normal functionality of the BMP. In
the event maintenance is not performed, costs to perform maintenance
shall be assessed to the property owner.
5. Stormwater Calculations
a. Rate Control onsite within the area proposed to be disturbed
1. Not to exceed existing runoff rates for the following storms events
a) 1-year 24 hour
b) 10-year 24 hour
c) 100-year 24 hour
2. When discharging directly to the Vermillion River,
a) Peak runoff controls keep future peak flood flows for the
Vermillion River 100-year 4 day event from increasing
above existing conditions peak flow
3. Shall not adversely affect neighboring properties and downstream
stormwater systems.
b. Volume Control / Water Quality onsite within the area proposed to be
disturbed
1. The greater of the following:
a) Not to exceed existing runoff volume for the 2-year 24 hour
event
b) One-inch times the sum of the new and the fully
reconstructed impervious surface
2. Limitations
a) Within an emergency response area (ERA) identified
within the City of Hastings Wellhead Protection Plan,
otherwise known as a one-year capture zone for municipal
supply wells.
b) Where soil infiltration rates are more than 8.3 inches per
hour and cannot be amended to slow the rate.
c) Where high level of contaminants in soil or groundwater
may be mobilized. To make this determination, an MPCA
site screening assessment, or approved equal, must be
completed. The assessment is available in the Minnesota
Stormwater Manual.
d) Where vehicle fueling and maintenance operations occur.
e) Where industrial areas with exposed materials are capable
of leeching into the soil.
f) Where industrial facilities are not authorized to infiltrate
industrial stormwater under an NPDES/SDS Industrial
Stormwater Permit issued by the MPCA.
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g) Where less than three feet separates the bottom of the
infiltration system to the elevation of the top of bedrock or
seasonally saturated soils (ie. water table).
h) Type D Soils (clay)
i) Within 400 feet of a municipal well and within 100 feet of
a private well unless specifically allowed by an approved
Wellhead Protection Plan (WHPP).
j) Within 1,000 feet up-gradient, or 100 feet down-gradient of
active karst features.
k) Within linear projects where the lack of available right-of-
way prevents the installation of volume control practices.
c. Alternatives
1. Non-linear projects where the water quality volume cannot meet
the standards by treatment within the boundaries of a lot in the
final approved plat, per the limitations set forth in Section 152.08
If that cannot be accomplished the owner will be required to
identify and construct (or an equivalent cash payment) on locations
where off-site treatment can be completed within 24 months of the
start of any construction of site alteration. The order of preference
must be followed:
a) Locations that yield benefits to the same receiving water
that receives runoff from the original construction activity.
b) Locations within the same tributary area as the original
construction activity.
c) Locations in the next adjacent tributary up-stream.
d) Locations anywhere within the City of Hastings jurisdiction
2. Linear projects where the water quality volume cannot meet the
standards by treatment, per the limitations set forth in Section
152.08, volume control / water quality shall be the greater of the
following:
a) One-inch times the new impervious surface
b) One-half inch times the sum of the new and the fully
reconstructed impervious surface.
If alternative conditions cannot be met for linear projects, then
owners of construction activity must maximize the treatment of the
water quality volume prior to discharge from the MS4.
C. Buffers
1. Wetlands. Classification per the most current City of Hastings Water
Management Plan (ie. Figure 3-9, 2018-2027) or wetland functional assessment
for vegetative diversity using the Minnesota Routine Assessment Method
(MNRAM 3.0) or other state accepted functional assessment method approved by
the City.
a. Exceptional Quality Wetland (Preserve)
1. Average Buffer Width: 50 feet
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2. Minimum Buffer Width: 30 feet
b. High Quality Wetland (Manage 1)
1. Average Buffer Width: 40 feet
2. Minimum Buffer Width: 30 feet
c. Medium Quality Wetland (Manage 2)
1. Average Buffer Width: 30 feet
2. Minimum Buffer Width: 25 feet
d. Low Quality Wetland (Manage 3)
1. Average Buffer Width: 25 feet
2. Minimum Buffer Width: 16.5 feet
2. Watercourses. Classifications per the most current Standards for the Vermillion
River Watershed Joint Powers Organization (ie. Map 1, September 2019) as
measured from the edge of the meander belt of the watercourse.
a. Conservation Corridor (ie. Vermillion River below Hastings Falls):
1. Average Buffer Width: 150 feet
2. Minimum Buffer Width: 100 feet
b. Aquatic Corridor – Principal Connector (ie. Vermillion River above
Hastings Falls):
1. Average Buffer Width: 100 feet
2. Minimum Buffer Width: 65 feet
c. Aquatic Corridor – Tributary Connector (ie. Hastings Sand Coulee SNA)
1. Average Buffer Width: 50 feet
2. Minimum Buffer Width: 35 feet, plus 2 feet for every 1% of slope
d. Water Quality Corridor
1. Average Buffer Width: 30 feet
2. Minimum Buffer Width: 20 feet where there is a flow path for
concentrated surface runoff measured from the center line of the
flow path.
3. Exceptions
a. Wetland or public waters wetland listed under the Wetland Conservation
Act (WCA), and to those portions of wetlands that will be filled under
approved wetland replacement plans per the WCA.
b. In areas the Hastings Stormwater Management Plan requires a greater
buffer width.
c. Lots created that are enrolled in Green Acres, Rural Preserves,
Agricultural Preserves, or similar rural preservation programs controlling
or limiting the potential for future lot subdivision or development, as part
of the subdivision process.
4. Conservation Easements
a. A conservation easement or dedicated outlot shall be created when a part
of platting and subdivision approval, except where the buffer is located
within a public transportation right-of-way.
5. Allowable activities within any buffer
a. Use and maintenance of an unimproved access strip through the buffer,
not more than 10 feet in width (ie. For recreational access).
b. Structures that exist when the buffer is created.
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c. Placement, maintenance, repair, or replacement of public roads and utility
and drainage systems that exist when the buffer was created or are
required to comply with any subdivision approval or building permit
obtained from the City of Hastings or Dakota County, so long as any
adverse impacts of public road, utility, or drainage systems on the function
of the buffer have been avoided or minimized to the extent practical.
d. Clearing, grading, and seeding are allowed, if part of an approved Wetland
Replacement Plan or approved Stream Restoration Plan.
e. A multipurpose trail through an area protected by conservation easement
or in a dedicated outlot, is allowed provided it is designed and constructed
to minimize erosion and new impervious surfaces, and maintains an
absolute minimum distance of at least fifteen feet as measured from the
edge of the trail nearest the water resource to the wetland or public waters
wetland edge, the bank of the watercourse, or the meander belt, and
averages at least one-half the total required buffer width. Where needed to
cross the watercourse, the minimum impact alignments shall be used. The
area between the trail and the water resource must be maintained in
perennial vegetation in an undisturbed state accepting regular required
maintenance of the buffer. Boardwalks and pedestrian bridges associated
with a multipurpose trail must be approved by the City of Hastings.
f. The construction of underground utilities such as water, stormwater, and
sanitary sewers and pipelines provided the minimum impact alignment is
used, the area is satisfactorily stabilized and setbacks are met.
6. Allowable activities within those portions of the average buffer width that exceed
the minimum buffer width
a. Stormwater management facilities provided the land areas are stabilized
and alterations prohibited are upheld.
b. The area of shallow vegetated infiltration and biofiltration facilities, and
water quality ponds not to exceed 50 percent of the pond area, adjacent to
wetlands and watercourses may be included in buffer averaging provided
the facilities do not encroach into the minimum buffer width, and the land
areas are stabilized and alterations prohibited are upheld.
7. Alterations
a. Alterations, including building, storage, paving, routine mowing, burning,
plowing, introduction of noxious vegetation, cutting, dredging, filling,
mining, dumping, grazing livestock, agricultural production, yard waste
disposal, or fertilizer application are prohibited within any buffer.
Periodic mowing or burning, or the use of fertilizers and pesticides for the
purpose of managing and maintaining native vegetation is allowed with
approval from the City of Hastings. Noxious weeds may be removed and
mechanical or spot herbicide treatments may be used to control noxious
weeds, but aerial or broadcast spraying is not acceptable. Prohibited
alterations would not include plantings that enhance the natural vegetation
or selective clearing or pruning of trees or vegetation that are dead,
diseased or pose similar hazards.
8. Vegetation
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a. Acceptable Natural Vegetation. Where acceptable natural vegetation
exists in buffer areas, the retention of such vegetation in an undisturbed
state is required unless approval to replace such vegetation is received. A
buffer has acceptable vegetation if it:
1. Has a continuous, dense layer of non-invasive perennial grasses
and forbs that has been uncultivated or unbroken for at least five
consecutive years; or
2. Has an overstory of non-invasive trees and/or shrubs that has been
uncultivated or unbroken for at least five consecutive years; or
3. Contains a mixture of the above plant communities that has been
uncultivated or unbroken for at least five consecutive years.
b. Unacceptable Buffer Vegetation. Where buffer vegetation is found to be
unacceptable or needs to be replanted the following standards shall be
met:
1. Buffers shall be planted with a native seed mix approved by the
State of Minnesota, NRCS or the Dakota County SWCD, with the
exception of a one-time planting with an annual nurse or cover
crop. Plantings of native forbs and grasses may be substituted for
seedling. All substitutions must be approved by the City of
Hastings. Groupings/clusters of native trees and shrubs, of species
and at densities appropriate to site conditions, can also be planted
throughout the buffer area.
2. The seed mix and planting shall be broadcast/installed according to
the State of Minnesota, NRCS or Dakota County SWCD
specifications. The selected seed mixes and plantings for
permanent cover shall be appropriate for the soil site conditions
and free of invasive species.
3. Buffer vegetation (both natural and created) shall be protected by
erosion and sediment control measures during construction.
4. During the first five full growing seasons, the buffer vegetation
shall be replanted if the vegetative cover is less than 90 percent,
unless condition is accepted by the City of Hastings.
D. Wetlands
1. General Provisions
1. Any drainage, filling, excavation, or other alteration of a public waters
wetland or wetland shall be conducted in compliance with Minnesota
Statues, §103G.245, Wetland Conservation Act (WCA), Minnesota Rules
8420, and regulation adopted hereunder. No wetland or public waters
wetland shall be drained, filled, or excavated without first submitting a
wetland application and obtaining the approval from the City of Hastings.
2. In order to preserve WCA exemption or no loss determination, projects
involving excavation in Types 1, 2, 6, and 7 wetlands must demonstrate a
beneficial purpose, such as habitat or water quality improvements, and
minimize loss of wetland function as determined by the City.
3. A high quality (or equivalent value) public waters wetland or wetland (as
determined by the Minnesota Routine Assessment Method (MNRAM 3.0)
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or other state accepted functional assessment method for vegetative
diversity, may not be used for stormwater management and treatment
unless the use will not adversely affect the function and public value of the
wetland and other alternatives do not exist.
2. No Net Loss and Wetland Alteration
1. Wetland replacement/mitigation must follow the priority order below:
1. Mitigation on-site
2. Mitigation within the same minor sub watershed as established by
the Minnesota Department of Natural Resources for the “1979
Watershed Mapping Project” pursuant to Minnesota Laws 1977,
chapter. 455, section33, subdivision 7, paragraph (a).
3. Mitigation within the JPO boundary
4. Mitigation within Dakota County
2. Transportation projects shall pursue wetland mitigation projects to the
extent practical using the criteria above. However, this does not preclude
the use of the BWSR Replacement Program.
A. Site Dewatering. Water pumped from the site shall be treated by temporary sedimentation
basins, grit chambers, sand filters, up flow 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 or a wetland.
B. Waste And Material Disposal. All waste and unused building materials (including
garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials)
shall be properly disposed of off-site and not allowed to be carried off by runoff into a
receiving channel or storm sewer system.
C. Tracking. Each site shall have graveled roads, access drives, and parking areas of
sufficient width and a length providing a minimum of 50 feet of maintained graveled
surface both from the edge of the public or private roadway 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.
Failure to keep the public or private roadway clean may result in the city ordering
construction halted until the time as the roadways are properly clean.
D. Drain Inlet Protection. All storm drain inlets shall be protected during construction until
control measures are in place with a straw bale, silt fence, or equivalent barrier meeting
accepted design criteria, standards and specifications included in the City’s Builders
Handbook and Public Works Design Manual or otherwise approved by the City.
E. Site Erosion Control.
1. Construction Erosion Control
a. Erosion and sediment control measures shall be consistent with Best
Management Practices (BMPs), included in the City’s Builders Handbook
and Public Works Design Manual or otherwise approved by the City, and
shall be sufficient to retain sediment on site. The City may at its discretion
use turbidity measurements as an indicator of potential non-compliance
with erosion and sediment control measures taken. Turbidity
measurements will be in accordance with VRWJPO Standards.
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b. 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 removal is approved by the
City after the site had been stabilized. All permanent erosion control
measures shall be installed and operational per the design and as approved
by the City.
c. For projects disturbing equal to or more than 1 acre, including smaller
sites that are part of a common plan of development:
1. Construction activity requirements shall meet the most current
requirements of the General Permit Authorization to Discharge
Stormwater Associated With Construction Activity Under the
National Pollutant Discharge Elimination System/State Disposal
System Permit Program Permit (NPDES General Construction
Permit) issued by the Minnesota Pollution Control Agency.
Construction activity requirements include, but are not limited to,
temporary sediment basins (Part III.C), stormwater pollution
prevention plan, erosion prevention practices, sediment control
practices, dewatering and basin draining, inspection and
maintenance, pollution prevention management measures, and
final stabilization (Part IV) as referenced in the NPDES General
Construction Permit;
2. 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.
3. If 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.
d. All activities on the site shall be phased and/or conducted in a logical
sequence to minimize the area of bare soil exposed at any one time.
e. All disturbed ground left inactive for 14 or more days shall be stabilized
by seeding and mulching, sodding, coverings, or other equivalent control
measure. Straw, hay, or other vegetative mulch shall be disc anchored.
Geotextile or other approved covering shall be anchored in accordance
with the manufacturer’s specifications.
f. Contractor is responsible for submitting to the City an erosion control
inspection form after every half inch or greater rain event and at a
minimum of one time per week. A rain gage must be present on site.
g. Erosion control and erosion control inspection priority must be given to
areas susceptible to erosion due to site topography, soil characteristics,
quality of receiving water, state of construction, and weather conditions.
F. Stormwater management criteria for new development or re-development projects with
land disturbance of greater than or equal to one acre. Green infrastructure techniques and
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practices (ie. infiltration, filtration, evapotranspiration, reuse/harvesting, conservation
design, urban forestry, green roofs) are to be given highest priority to meet the water
quality treatment requirements. Infiltration/filtration options are the preferred approach to
satisfying the water quality treatment requirements of the NPDES General Construction
Permit. Rate and volume calculations are to utilize NOAA Atlas 14 precipitation
frequency estimates.
1. Conditions
a. Post Construction Water Quality.
1. Post construction stormwater runoff quality measures shall meet
the standard for the General Permit Authorization to Discharge
Stormwater Associated With Construction Activity Under the
National Pollutant Discharge Elimination System/State Disposal
System Permit Program Permit (NPDES General Construction
Permit) issued by the Minnesota Pollution Control Agency.
2. Stormwater discharges of Total Suspended Solids (TSS) and Total
Phosphorus (TP) shall have no net increase from pre-project
conditions for new development and a net reduction from pre-
project conditions for re-development.
3. Circumstances where the TSS and TP requirements cannot be
reasonably achieved on site shall be addressed through mitigation.
a) Mitigation projects shall be selected in the following order
of preference:
1. Locations that yield benefits to the same receiving
water that receives runoff from the original
construction activity.
2. Locations within the same Department of Natural
Resource (DNR) catchment area as the original
construction activity.
3. Locations in the next adjacent DNR catchment area
up-stream.
4. Locations anywhere within the City of Hastings.
b) Mitigation projects must involve the creation of new
structural stormwater BMPs, retrofit of existing structural
stormwater BMPs, or the use of a properly designed
regional structural stormwater BMP.
c) Routine maintenance of structural BMPs cannot be used to
meet mitigation.
d) Mitigation projects shall be completed within 24 months
after the start of the original construction activity.
e) The long term maintenance for storm water BMPs shall be
determined prior to construction activity.
f) If monetary payment is received to satisfy mitigation
processes then payment shall be applied to a public storm
water project and comply with City Ordinance
152.08(F)(1)(a)(3)(1) (a-d)
b. Peak Runoff Rate.
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1. Hydrologic models and design methodologies used for the
determination of runoff and analysis of stormwater management
infrastructure shall be signed by a registered professional engineer
and approved by the Engineering Department.
2. Runoff rates for proposed land disturbing activities greater than or
equal to one acre shall:
a) Utilize an existing condition in the runoff calculation as
defined as the land cover condition existing in the year
2005.
b) Not exceed existing runoff rates for the 1-year 24 hour, 10-
year 24 hour, 100-year 24 hour, and 100 year 4 day storm
events.
c. Volume Runoff Criteria.
1. Hydrologic models and design methodologies used for the
determination of runoff and analysis of stormwater management
infrastructure shall be signed by a registered professional engineer
and approved by the Engineering Department.
2. Runoff volume for proposed land disturbing activities greater than
or equal to one acre shall:
a) Utilize an existing condition in the runoff calculation as
defined as the land cover condition existing in a pre-project
condition.
b) Not exceed the existing pre-project runoff rates for the 2-
year 24 hour storm event.
3. Exceptions where a lessor volume control will be acceptable.
a) Infiltration, as listed in 152.08(F)(2)(a), prohibit volume
control.
b) Non-infiltration green technologies are implemented to the
maximum extent possible.
c) Outlets from landlocked basins with a tributary drainage
area of greater than or equal to 100 acres, provided:
1. Outlets are consistent with other portions of the City
Ordinances
2. Outlets have been analyzed for any detrimental
downstream impacts, riparian impacts, and habitat
impacts. The analysis shall include:
a) Use a hydrograph method based on sound
hydrologic theory to analyze runoff for the
design or analysis of flows and water levels;
b) Ensure a hydrologic analysis is consistent
with the Stormwater Runoff Control Criteria
of the City Ordinances.
c) Ensure the outlet does not create adverse
downstream flooding or water quality
conditions, or materially affect stability of
downstream major waterways;
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d) Maintain dead storage within the basin to
the maximum extent possible while
preventing damage to property adjacent to
the basin;
e) Ensure that the low floors of new structures
adjacent to the basin are set consistent with
the Floodplain Alterations Rule; and
f) Ensure that proposed development tributary
to the land-locked basin has incorporated
runoff volume control practices to the extent
practical.
d) Artificial drainage, flow obstruction, and diversions
involving waterways, public waters, and wetlands with
drainage areas of 640 acres or more, provided:
1. Alterations and diversions are consistent with other
portions of the City Ordinances
2. Alterations and diversions have been analyzed for
any detrimental downstream impacts, riparian
impacts, and habitat impacts. The analysis shall
include:
a) Provide reasonable necessity for such
drainage alteration or diversion to improve
or protect human health and safety, or to
improve or protect aquatic resources;
b) Ensure reasonable care has been taken to
avoid unnecessary injury to upstream and
downstream land;
c) Ensure the utility or benefit accruing to the
land on which the drainage will be altered
reasonably outweighs the gravity of the
harm resulting to the land receiving the
burden; and
d) Ensure the drainage alteration or diversion is
being accomplished by reasonably
improving and aiding the normal and natural
system of drainage according to its
reasonable carrying capacity, or in the
absence of a practicable natural drain, a
reasonable and feasible artificial drainage
system is being adopted.
e) Drainage alterations, diversions, and
landlocked basin outlets shall be provided
with stable channels and outfall.
d. Design Criteria
1. Minimize connected impervious surfaces.
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2. Vegetation used in conjunction with infiltration systems must be
tolerant of urban pollutants and the range of soil moisture
conditions anticipated.
3. Infiltration and filtration areas must be fenced or otherwise
protected from disturbance before the land disturbing project
begins.
2. Limitations of using infiltration techniques to achieve stormwater management.
Filtration and other green technologies should be considered instead.
a. Conditions
1. Where vehicle fueling and maintenance occur.
2. Where industrial areas with exposed materials are capable of
leeching into the soil
3. Where industrial facilities are not authorized to infiltrate industrial
stormwater under an NPDES/SDS Industrial Stormwater Permit
issued by the Agency.
4. Where high level of contaminants in soil or groundwater will be
mobilized.
5. Where less than three (3) feet separates the bottom of the
infiltration system to the elevation of the top of bedrock or
seasonally saturated soils (ie. water table).
6. Type D Soils (clay)
7. Where soil infiltration rates are more than 8.3 inches per hour.
8. Within an emergency response area, as defined by the Drinking
Water Surface Management Area (DWSMA).
9. Within the one year travel zone of a municipal or other community
supply well as defined in the Hastings Well Head Protection Plan
(WHPP). The following design requirements need be adhered to if
infiltration for volume control is to be considered as an option:
a) Pretreatment of stormwater runoff is designed to protect
infiltration system from clogging with sediment and to
protect groundwater quality.
b) Hydrological soil group classification and saturated
infiltration rate shall comply with the current VRWJPO
rules.
c) Site specific infiltration or hydraulic conductivity
measurements shall be performed by a licensed soil
scientist or engineer.
d) Infiltration rates shall reflect the least permeable horizon
within the first five feet below the bottom of the infiltration
system.
e) Infiltration system shall be capable of infiltrating the
required volume within 72 hours.
10. Within 100 feet of a private well unless specifically allowed by an
approved WHPP.
11. Within 1,000 feet up-gradient, or 100 feet down gradient of active
karst features.
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12. Within linear projects where the lack of available or obtainable
right-of-way prevents the installation of volume control practices.
3. Long term maintenance of structural stormwater BMPs
a. A legal document shall be executed that determines the party responsible
for long term maintenance of the stormwater BMP. Should the BMP be on
private property, the agreement shall allow the City to enter the property
to inspect, notify owner of maintenance duties, and if necessary conduct
necessary maintenance to maintain normal functionality of the BMP.
Costs to perform maintenance shall be assessed to the property owner.
G. Wetlands
1. General Provisions
a. Any drainage, filling, excavation, or other alteration of a public waters
wetland or wetland shall be conducted in compliance with Minnesota
Statues, §103G.245, Wetland Conservation Act (WCA), Minnesota Rules
8420, and regulations adopted hereunder.
b. In order to preserve WCA exemption or no loss determination, projects
involving excavation in Types 1, 2, 6, and 7 wetlands must demonstrate a
beneficial purpose, such as habitat or water quality improvements, and
minimize loss of wetland function as determined by the City.
c. A high quality (or equivalent value) public waters wetland or wetland (as
determined by methods acceptable to the VRWJPO for vegetative
diversity) may not be used for stormwater management and treatment
unless the use will not adversely affect the function and public value of the
wetland and other alternatives do not exist. Runoff shall not be discharged
directly into a high quality public water wetlands or wetland (as
determined by methods acceptable to the VRWJPO for vegetative
diversity) without pretreatment of the runoff.
2. No Net Loss and Wetland Alteration
a. No permits will be granted until the WCA replacement plan is approved or
exemption certificate is obtained. Wetland replacement/mitigation citing
must follow the priority order:
1. Mitigation on-site
2. Mitigation within the same minor sub watershed as established by
the Minnesota Department of Natural Resources for the “1979
Watershed Mapping Project” pursuant to Minnesota Laws 1977,
chapter. 455, section33, subdivision 7, paragraph (a).
3. Mitigation within the JPO boundary
4. Mitigation within Dakota County
b. Transportation projects shall pursue wetland mitigation projects to the
extent practical using the criteria above. However, this does not preclude
the use of the BWSR Replacement Program.
3. Wetland Buffer Areas
a. Application. Buffer areas abutting all rivers, streams, and wetlands as
identified in Figure 4 of the City’s Water Management Plan.
b. Classification. A wetlands functional assessment for vegetative diversity
will be completed with each wetland and public waters wetland,
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delineated for a project and buffers established according to the
management classification in the following table. Figure 4 and 8 in the
Water Management Plan, as adopted in 2009, delineates three different
quality standards for wetlands. All wetlands shown on Figure 8 not shown
on Figure 4 are considered Low Quality. Buffers on wetlands begin at the
delineated edge of the wetland; (the line where hydrology, vegetation, and
soils indicate a change between upland and wetland).
1. Exceptional Quality Wetland:
a) Average Buffer Width: 50ft
b) Minimum Buffer Width: 30ft
2. High Quality Wetland:
a) Average Buffer Width: 40ft
b) Minimum Buffer Width: 30ft
3. Medium Quality Wetland:
a) Average Buffer Width: 30ft
b) Minimum Buffer Width: 25ft
4. Low Quality Wetland:
a) Average Buffer Width: 25ft
b) Minimum Buffer Width: 16.5ft
c. Buffer area requirements. Where acceptable natural vegetation exists in
buffer areas, the retention of such vegetation in an undisturbed state is
required unless approval to replace such vegetation is received. A buffer
has acceptable vegetation if it:
1. Has a continuous, dense layer of perennial grasses that has been
uncultivated or unbroken for at least 5 consecutive years; or,
2. Has an overstory of trees and/or shrubs that has been uncultivated
or unbroken for at least 5 consecutive years; or,
3. Contains a mixture of the plant communities in Criteria (c)(1) and
(c)(2) above that has been uncultivated or unbroken for at least 5
years.
d. Maintenance of Buffer Areas. Buffers shall be staked and protected in the
field prior to construction unless the vegetation and the condition of the
buffer are considered inadequate. Existing conditions vegetation will be
considered unacceptable if:
1. Topography or sparse vegetation tends to channelize the flow of
surface water
2. Some other reason the vegetation is unlikely to retain nutrients and
sediment
e. Requirements for Replanting. Where buffer vegetation and conditions are
unacceptable, or where approval has been obtained to replant, buffers shall
be replanted and maintained according to the following criteria:
1. Buffers shall be planted with a native seed mix approved by
MnDOT, BWSR, NRCS or the Dakota County SWCD, with the
exception of a one-time planting with an annual nurse or cover
crop. Plantings of native forbs and grasses may be substituted for
seeding. All substitutions must be approved by the City.
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Groupings/clusters of native trees and shrubs, of species and at
densities appropriate to site conditions, shall also be planted
throughout the buffer area.
2. The seed mix and planting shall be broadcast/installed according to
MnDOT, BWSR, NRCS or Dakota County SWCD specifications.
The selected seed mixes and plantings for permanent cover shall be
appropriate for the soil site conditions and free of invasive species.
3. Buffer vegetation (both natural and created) shall be protected by
erosion and sediment control measures during construction.
4. During the first five full growing seasons, except where the City
has determined vegetation establishment is acceptable, the owner
or applicant must replant buffer vegetation where the vegetative
cover is less than 90%. The owner or applicant must assure
reseeding/or replanting if the buffer changes at any time through
human intervention or activities.
f. Conservation Easement. Where a buffer is required, the City shall require
the protection of the buffer under a conservation easement, or include the
buffer in a dedicated outlet as part of platting and subdivision approval,
except where the buffer is located in a public transportation right-of-way.
Buffer shall also have monumentation to clearly designate the boundaries
of all new buffers within new residential subdivisions. A monument shall
consist of a post and a buffer strip sign approved by the City.
g. Usage:
1. Alterations, including building, storage, paving, routine mowing,
burning, plowing, introduction of noxious vegetation, cutting,
dredging, filing, mining, dumping, grazing livestock, agricultural
production, yard waste disposal, or fertilizer application are
prohibited within any buffer. Periodic mowing or burning, or the
use of fertilizers and pesticides for the purpose of managing and
maintaining native vegetation, may be allowed with approval of
the City. Noxious weeds may be removed and mechanical or spot
herbicide treatments may be used to control noxious weeds, but
aerial or broadcast spraying is not acceptable. Prohibited
alterations would not include plantings that enhance the natural
vegetation or selective clearing or pruning of trees or vegetation
that are dead, diseased or pose similar hazards, or as otherwise
clarified in Criteria 3d.
2. The following activities shall be permitted within any buffer, and
shall not constitute prohibited alterations:
a) The following activities are allowed within both the
minimum and average buffer width areas:
1. Use and maintenance of an unimproved access strip
through the buffer, not more than 10 feet in width,
for recreational access to the major waterway or
wetland and the exercise of riparian rights;
2. Structures that exist when the buffer is created;
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3. Placement, maintenance, repair, or replacement of
public roads and utility and drainage systems that
exist on creation of the buffer or are required to
comply with any subdivision approval or building
permit obtained from the City, so long as any
adverse impacts of public road, utility, or drainage
systems on the function of the buffer have been
avoided or minimized to the extent practical;
4. Clearing, grading, and seeding is allowed if part of
an approved Wetland Replacement Plan, or
approved Stream Restoration Plan.
5. Construction of a multipurpose trail, including
boardwalks and pedestrian bridges, provided it is
constructed to minimize erosion and new
impervious surface, and has an undisturbed area of
vegetative buffer at least ten (10) feet in width
between the trail and the wetland or public waters
wetland edge, or the bank of the major waterway; or
where needed to cross the major waterway, the
minimum impact alignment is used.
6. The construction of underground utilities such as
water, stormwater, and sanitary sewers and.
pipelines provided the minimum impact alignment
is used, the area is stabilized in accordance with
Criteria 3d above, and setbacks established in the
Floodplain Alterations Rule, are met.
b) The following activities are allowed within those portions
of the average buffer width that exceed the minimum buffer
width:
1. Stormwater management facilities, provided the
land areas are stabilized in accordance with Criteria
(e) (1-4) above, and alterations prohibited in
Criteria (g)(1) above are upheld.
2. The area of shallow vegetated infiltration and
biofiltration facilities, and water quality ponds not
to exceed 50 percent of the pond area, adjacent to
wetlands and major waterways may be included in
buffer averaging provided the facilities do not
encroach into the minimum buffer width, and the
land areas are stabilized in accordance with Criteria
3d above, and alterations prohibited in Criteria fl
above are upheld.
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SECTION 2. AMENDMENT. The Code of the City of Hastings, Counties of Dakota and
Washington, State of Minnesota, Chapter 158.04, Section H, Property Maintenance Requirements
- Repair and Maintenance of Existing Buildings shall be amended as follows (items underlined are
additions, items stricken are deletions):
8. Salt Storage.
a. De-icing materials must be stored
1. Indoors, or outside in a designated salt storage area under a roof or
cover that eliminates exposure to precipitation.
2. On an impervious surface
3. In a location that reduces exposure to precipitation when
transferring the de-icing material.
SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The text adopted by the Hastings City Council on December 19, 2022 modifies the City
Code to satisfy the general intent of the MS4 General Permit requirements for chloride
storage and stormwater management.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this 19th day of December, 2022.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the Hastings Journal on December 22, 2022.
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