ORDINANCE NO. 16-009, FIFTH SERIES

CITY OF NEW ULM, BROWN COUNTY, MINNESOTA

AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF THE CITY OF NEWULM RELATIVE TO STORM WATER MANAGEMENT AND STANDARDS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW ULM:

SECTION 1. That Chapter 13 of the City Code of the City of New Ulm is hereby amendedas follows:

CHAPTER 13

STORM WATER MANAGEMENT AND STANDARDS

Section 13. 01. Purpose. The City of New Ulm hereby finds that establishing storm watermanagement requirements and standards will result in the control of storm water pollutionand the reduction of soil erosion and sedimentation within the community. If left

uncontrolled, these sources of pollution can adversely affect the public health, safety, andgeneral welfare by impacting water quality, creating nuisances, impairing other beneficialuses of environmental resources and hindering the City of New Ulm in providing communityservices.

Subdivision 1. The requirements contained in this Chapter shall be considered to be inaddition to any site specific requirements identified in a Development Agreement betweenthe City of New Ulm and a landowner or developer.

Section 13.02. Definitions. For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meanings stated below. When not inconsistent withthe context, words used in the present tense include the future tense, words in the pluralnumber include the singular number, and words in the singular number include the pluralnumber. The word " shall" is always mandatory and not merely directive.

Subdivision 1. " Applicant" means any person who applies for a building permit, subdivision approval, zoning change, driveway curb opening, excavation or special usepermit, storm water permit, or any other permit that allows land -disturbing activities. Applicant" also means that person' s agents, employees, and others acting under theperson' s direction. " Applicant" also refers to the permit holder or holders and the permit

holder's agents, employees, and others acting under the permit holder's direction. Subd. 2. " Best management practice" or "BMP" means erosion and sediment control and

water quality management practices that are the most effective and practicable means ofcontrolling, preventing, and minimizing the degradation of surface water, including

construction -phasing, minimizing the length of time that soil areas are exposed, prohibitions, and other management practices published by federal, state, or designatedarea -wide planning agencies. Subd. 3. " Buffer" means a protective vegetated zone located adjacent to a natural

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resource, such as a lake, stream, or wetland, that is subject to direct or indirect humanalteration. Such a buffer strip is an integral part of protecting an aquatic ecosystemthrough filtering pollutants and providing adjacent habitat. For a stream, the width of abuffer strip is the width along each bank of the stream. Therefore, a 30 foot wide streamwith 100 -foot wide buffer strips has a total width of 230 feet. Acceptable buffer vegetation

includes preserving existing predevelopment vegetation and/or planting locally distributednative Minnesota trees, shrubs, and grassy vegetation. Subd. 4. " City Engineer' means the City Engineer of the City of New Ulm or that person'sdesignee.

Subd. 5. " Contaminated" means containing a harmful quantity of any substance. Subd. 6. " Contamination" means the presence of or entry of any substance which may bedeleterious to the public health and/or the quality of the water into the public storm watersystem, waters of the State, or waters of the United States.

Subd. 7. " Cosmetic cleaning" means cleaning done for cosmetic purposes to the exterior ofbuildings, motorized vehicles, parking lots, recreational vehicles, or similar activity. It doesnot include industrial cleaning, cleaning associated with manufacturing activities, hazardousor toxic waste cleaning, or any cleaning otherwise regulated under federal, state, or locallaws.

Subd. 8. " Development" means any land -disturbing activity that changes the site' s runoffcharacteristics in conjunction with residential, commercial, industrial, or institutional

construction or alteration.

Subd. 9. " Developer" means a person, firm, corporation, sole proprietorship, partnership,

federal or state agency, or political subdivision thereof, engaged in a land -disturbingand/or land development activity. Subd. 10. " Discharge" means the release, conveyance, channeling, runoff, or drainage ofstorm water, including snowmelt. Subd. 11. " Drainageway" means any natural or constructed channel that provides acourse for water flowing either continuously or intermittently and providing drainage for awatershed of 5 acres or more.

Subd. 12. " Erosion" means any process that wears away the surface of the land by theaction of water, wind, ice, or gravity. Erosion can be accelerated by the activities ofpeople and nature.

Subd. 13. " Erosion control" refers to methods employed to prevent erosion. Examplesinclude soil stabilization practices, horizontal slope grading, temporary or permanentcover, and construction phasing.

Subd. 14. " Erosion and sediment control practice" means the management procedures,

techniques, and methods to control soil erosion and sedimentation as officially adopted byeither the State, City, or local watershed authority, whichever is more stringent. Subd. 15. " Exposed soil" means all areas of a construction site where the vegetation

trees, shrubs, brush, grasses, etc.) or impervious surface has been removed, thus

rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrowareas, and disposal areas within the construction site. It does not include temporarystockpiles or surcharge areas of clean sand, gravel, concrete, or bituminous, which have

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less stringent protection. Once soil is exposed, it is considered " exposed soil," until it

meets the definition of "final stabilization."

Subd. 16. " Filter strip" means a vegetated section of land designed to treat runoff asoverland sheet flow. It may be designed in any natural vegetated form from a grassymeadow to a small forest. Its dense vegetated cover facilitates pollutant removal and

infiltration.

Subd. 17. " Final stabilization" means that land -disturbing activities at the site have beencompleted and that a uniform perennial vegetative cover with a density of 70 percent ofthe native cover for unimproved areas and areas not covered by permanent structures, orequivalent permanent stabilization measures ( such as the use of riprap, gabions, or

geotextiles) have been employed.

Subd. 18. " Harmful quantity" means the amount of any substance that will cause pollution ofwaters of the City, State, or nation that will cause lethal or sub -lethal adverse effects on therepresentative, sensitive aquatic monitoring organisms residing in waters. Subd. 19. " Hydric soils" means soils that are saturated, flooded, or ponded long enough

during the growing season to develop anaerobic conditions in the upper part of the soilprofile.

Subd. 20. " Hydrophytic vegetation" means macrophytic ( large enough to be observed bythe naked eye) plant life growing in water, soil, or on a substrate that is at least

periodically deficient in oxygen as a result of excessive water content. Subd. 21. " Impervious surface" means a constructed hard surface that either prevents or

retards the entry of water into the soil, and causes water to run off the surface in greaterquantities and at an increased rate of flow than existed prior to development. Examplesinclude rooftops, sidewalks, patios, driveways, storage areas, and concrete, asphalt, or

gravel parking lots and roads. Subd. 22. " Land -disturbing activity" means any land change that may result in soil erosionfrom water or wind and the movement of sediments into or upon waters or lands within

the City' s jurisdiction. This may include, but is not limited to, 1) disturbance to the land

that results in a change in the topography, 2) disturbance of the existing soil cover ( bothvegetative and non -vegetative cover), or 3) disturbance of the existing soil topographythat may result in accelerated storm water runoff. Land -disturbing activity includesclearing and grubbing, grading, excavating, transporting, and filling of land for all newconstruction and redevelopment.

Subd. 23. " Landowner" means any person holding title to or having a divided or undividedinterest in land.

Subd. 24. " Maximum Extent Practicable" means to the maximum extent feasable given

the latest cost effective technology, industry, and constrution methods available. The CityEngineer shall determine if the Maxumum Extent Practicable has been obtained on a

case- by-case basis. Subd. 25. "MPCA" means the Minnesota Pollution Control Agency. Subd. 26. " Municipal separate storm sewer system ( MS4)" means the system of

conveyances, including sidewalks, municipal streets, driveways, curb & gutter, ditches,

channels, retention basins, catch basins or similar storm water inlets, and/or any other

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conveyance delivering water to the public storm sewer collection and delivery system. Subd. 27. " New Ulm Storm Water Manual" means a publication issued by the Citybearing the title ' New Ulm Storm Water Manual'. The New Ulm Storm Water Manual

contains information, instructions, and guidance on complying with the requirements ofthis chapter.

Subd. 28. " New Ulm storm water permit," means a permit issued by the City in accordancewith this chapter.

Subd. 29. " Normal water level" means the water level in a natural water body or

constructed pond having an outlet or overflow control structure that is the lowest waterlevel held by the outlet or overflow structure. Subd. 30. " NPDES" means the National Pollutant Discharge Elimination System. Subd. 31. " NRCS" means the Natural Resources Conservation Service. Subd. 32. " Operator" means the person ( usually the general contractor), designated by

the owner, who has day-to-day operational control and/ or the ability to modify projectplans and specifications related to the storm water management plan.

Subd. 33. " Ordinary high water level" refers to Minnesota Statute 103G.005, subdivision14, which states that the ordinary high water level means the boundary of waterbasins, watercourses, public waters, and public waters wetlands.

A. The ordinary high water level is an elevation delineating the highest water level thathas been maintained for a sufficient period of time to leave evidence upon thelandscape, commonly the point where the natural vegetation changes from

predominantly aquatic to predominantly terrestrial. B. For watercourses, the ordinary high water level is the elevation of the top of the bankof the channel.

C. For reservoirs and flowages, the ordinary high water level is the operating elevationof the normal summer pool.

Ordinary high water mark" is further defined in Minnesota Rule 6120.2500, subpart 11, as amended from time to time. Ordinary high water marks are determined by theMinnesota Department of Natural Resources' area hydrologist.

Subd. 34. " Owner' means the person or party possessing the title of the land on which theconstruction activities will occur; or if the construction activity is for a lease holder, the partyor individual identified as the lease holder; or the contracting government agency

responsible for the construction activity. Subd. 35. " Permit" within the context of this chapter is a New Ulm storm water managementpermit.

Subd. 36. " Permittee" means any person who applies for and receives approval of anerosion and sediment control plan and/ or permit from the City. Subd. 37. " Person" means a developer, individual, firm, corporation, partnership, franchise, association, owner, occupant of property, or agency, either public or private. Subd. 38. " Phased and connected land -disturbing activities" means two or more projectsthat include land -disturbing activities by the same developer that will have environmentaleffects on the same geographic area and will occur sequentially over a three-year timeperiod.

Subd. 39. " Pollutant" means dredged soil, solid waste, incinerator residue, sewage,

garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials,

toxic materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand,

cellar dirt, or industrial, municipal, recreational, and agricultural waste discharged into wateror into the municipal separate storm sewer system.

Subd. 40. " Pollution" means the alteration of the physical, thermal, chemical, or biological

quality of, or the contamination of, any waters of the State or the MS4, that renders thewater harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to

the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of thewater for any lawful or reasonable purpose. Subd. 41. " Public storm sewer" means a storm sewer located entirely within publicly -ownedland or easements.

Subd. 42. " Redevelopment" means any construction activity where, prior to the start ofconstruction, the areas to be disturbed have fifteen percent or more of impervioussurface.

Subd. 43. " Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or . disposing into groundwater,

subsurface soils, surface soils, the municipal separate storm sewer system ( MS4) or thewaters of the State.

Subd. 44. "Runoff' means the rainfall, snowmelt, dewatering, or irrigation water flowing overthe ground surface and into open channels, underground storm sewers, and/or detention orretention ponds.

Subd. 45. "Sediment" means solid material or organic material that, in suspension, is being

transported or has been moved by air, water, gravity, or ice, and deposited at anotherlocation.

Subd. 46. " Sediment control" means the methods employed to prevent sediment from

leaving the development site. Examples of sediment control practices include, but are notlimited to, silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurfacedrains, pipe slope drains, storm drain inlet protection, and temporary or permanentsedimentation basins.

Subd. 47. " Site" means the entire area included in the legal description of the parcel or

other land division on which the land development or land -disturbing activity is proposed. Subd. 48. " Special Waters" are as defined in the MPCA's general permit to discharge

storm water associated with construction activity under the National Pollutant DischargeElimination System/State Disposal System permit Appendix A ( Permit No: MN R100001and all subsequent versions). Special waters include but are not limited to DNR -

designated trout streams and MPCA-designated outstanding resource value water as per

most recent listing. Subd. 49. "State" means the State of Minnesota.

Subd. 50. " Storm sewer" means a pipe or conduit for carrying storm waters, surface runoff,

and drainage, excluding sewage and industrial wastes. Subd. 51. " Storm water" means precipitation runoff, storm water runoff, snow melt runoff,

and any other surface runoff and drainage.

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Subd. 52. " Storm water connection fee" means a fee payable to the City for connection tothe City's storm water management system. Such fee will be established by the City and isoften a part of a development agreement for new developments.

Subd. 53. " Storm water management" means the planned set of public policies and

activities undertaken to regulate runoff and reduce erosion, and to maintain or improve

water quality under various specified conditions within various portions of the drainagesystem.

Subd. 54. " Storm water management system" means physical facilities that collect, store,

convey, and treat storm water runoff in urban areas. These facilities normally includedetention and retention facilities, streets, storm sewers, inlets, open channels, and special

structures, such as inlets, manholes, and energy dissipaters. Subd. 55. " Subdivision" means any tract of land divided into building lots for private, public, commercial, industrial, etc. development for the purpose of sale, rent, or lease, includingplanned unit development.

Subd. 56. " SWCD" means the soil and water conservation district.

Subd. 57. " SWPPP" means storm water pollution prevention plan.

Subd. 58. "TMDL" means total maximum daily limits. Subd. 59. " Trout streams" refers to those stream segments listed in Minnesota Rules6264.0050, subpart 4.

Subd. 60. " Undeveloped land" means land that in its current state has not been impacted by

significant land -disturbing activities. Subd. 61. " Waters of the State" means all streams, lakes, ponds, marshes, watercourses,

waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all

other bodies or accumulations of water, surface or underground, natural or artificial, public or

private, which are contained within, flow through, or border upon the State or any portionthereof.

Subd. 62. " Wetlands" means lands transitional between terrestrial and aquatic systems

excluding drainage ditch bottoms and storm water ponds) where the water table is usuallyat or near the surface or the land is covered by shallow water. For purposes of thisdefinition, wetlands must have the following three attributes:

A. A predominance of hydric soils;

B. Are inundated or saturated by the surface or groundwater at a frequency andduration sufficient to support a prevalence of hydrophilic vegetation typically adapted forlife in saturated soil conditions; and

C. Under normal circumstances support the prevalence of such vegetation.

Section 13. 03. New Ulm Storm Water Permit.

Subdivision 1. Permit required. Prior to engaging in any land -disturbing activity, anowner shall first obtain from the City Engineer a New Ulm Storm Water Permit. The ownershall complete and file with the City a New Ulm Storm Water Permit application in the formprescribed by the City Engineer and accompanied by a fee established by the CityCouncil. The owner and general contractor shall both be identified on the storm waterpermit application. The general contractor who signs the application is jointly responsible

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with the owner for compliance with the permit conditions. No New Ulm Storm Water

Permit application for land -disturbing activities greater than one acre may be consideredunless the applicant has obtained an NDPES permit from the Minnesota Pollution Control

Agency. Municipal projects administered by the City Engineering department shall includeerosion and sediment control plans and Storm Water Pollution Prevention Plans that are

designed under the guidance of the City Engineer and shall be approved by a Licensedprofessional engineer, but shall be exempt from the requirements of this section and

section 13.04.

Subd. 2. Permit Exemptions. The requirement for a New Ulm Storm Water Permit do

not apply to: A. Any activity that disturbs less than 1, 000 square feet of land. B. Installation and maintenance of fence, sign, telephone, and electric poles and other

kinds of posts or poles.

C. Minor land disturbance activities such as home gardens and lawn maintenance.

D. Tilling, planting, or harvesting of agricultural or horticultural crops, or planting ofsilvicultural ( forestry) crops, or for such removals for maintenance activities, but suchactivities shall implement SWCD and NRCS approved erosion control practices.

E. Emergency work to protect life, limb, or property, and emergency repairs. If, in theabsence of an emergency, the land -disturbing activity would have required an approvederosion and sediment control plan, then the disturbed land area shall be shaped and

stabilized in accordance with the City' s requirements as soon as possible. Subd. 3. Permit delays. The City Engineer may withhold approval of a New Ulm StormWater Permit until all issues associated with the site are resolved to the satisfaction of the

City Engineer. Permits may be conditioned with delays such that work cannot begin untila specified date or until after the site is inspected.

Subd. 4. Permit conditions. Permits are issued subject to all provisions of this chapterand all other applicable regulations, user charges and fees established by the City

Council. Permits may contain, but are not limited to, any of the following conditions: A. Limits on the maximum rate of allowable storm water discharge.

B. Requirements for water quality of storm water discharge. C. Requirements for the installation, operation, and maintenance of storm water

facilities including detention/ retention or other treatment facilities. D. Requirements for erosion and sediment control, including measures to be

implemented and other procedures necessary to protect the storm water system. E. Compliance schedule.

F. Requirements for notification to the City Engineer three days prior to thecommencement of land disturbing activities. G. Easements.

H. Other conditions as deemed appropriate by the City Engineer to insure compliancewith this chapter.

Subd. 5. Permit duration. Approval of a New Ulm Storm Water Permit submitted underthe provisions of this chapter shall expire one year after the date of approval unlessconstruction has commenced in accordance with the plan. Prior to the date of expiration,

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the applicant or applicant's agent may submit to the City Engineer a written request for anextension of time to commence construction activities. This request shall include thereasons for the requested extension and a projected timetable for construction and

completion. An extension of not greater than one year may be granted by the CityEngineer. Receipt of any request for an extension shall be acknowledged by the CityEngineer within 15 days and a final decision on the extension shall be made within 30days of receipt.

Subd. 6. Permit modification. The City Engineer is authorized to modify the New UlmStorm Water Permit for cause. The City Engineer shall provide written notice to thepermittee of the modification to the permit, and shall state the cause therefore, at least

thirty days before the modified permit is to take effect. Written notice shall be deemed tobe delivered upon mailing the notice to the address of the permittee and the owner asprovided in the application, or such other address as the permittee or owner may provide

to the City Engineer in writing. Cause for modifying the permit shall include but not belimited to:

A. Promulgation of new federal, state or local regulatory requirements. B. Changes in the requirements of this chapter.

C. Changes in the process used by the permittee or changes in discharge rate, volume, or character of storm water runoff from the site.

D. Changes in the design or capability of receiving storm water systems. E. Findings that the methods currently being used by the permittee are not achievingthe required water quality standards, as judged by the City Engineer.

The City Engineer shall include within the modified permit a reasonable time schedule forcompliance with the altered or added requirements in the modified permit.

Subd. 7. Permit amendments. Permits may be amended by the applicant or owner by awritten request submitted to the City Engineer. The request shall contain the reasons forthe change and documentation related to any additional impacts that may result fromamendment approval. Amendment requests submitted prior to issuance of a permit shallbe considered part of the original submittal. Amendment requests filed after permit

approval shall be considered and reviewed under the same procedures and guidelines

used for the permit applications under this section. Depending on the extent of the

amendment, the City Engineer may waive any additional fees for a permit amendmentreview.

Subd. 8. Permit transfer. A permit runs with the property it covers, until the permittedactivities are completed, and is transferable to new landowners in its entirety or by parcel, with each parcel being subject to the permit and any conditions that apply to that parcel. In the event land under such a permit is transferred or conveyed in fee, such transfer or

conveyance must be reported in writing to the City Engineer and the new landownerwithin 7 days of the transfer. This section refers to City- issued permits and does notrelease the permittee or owner from transfer requirements of a NPDES permit. Subd. 9. Financial securities. The applicant for a large site project permit shall provide

security for the performance of the work described and delineated on the approved stormwater permit submittals and any related remedial work and legal fees in an amount equal

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to 125% of the permittee' s estimated cost for implementation of erosion and sediment

control measures and construction of permanent storm water management practices. The

form of the security for a large site project shall be one or a combination of the followingto be determined by the City:

A. Letter of credit in a form acceptable to the City Attorney. B. Cash in U. S. currency or certified check. C. A performance bond naming the City as a co -beneficiary. The applicant for a small site project permit shall not be required to provide security forthe performance of the work.

Subd. 10. Maintaining the financial security. If at any time during the course of thework the financial security falls below 50% of the required deposit, the applicant shall

make another deposit in the amount necessary to restore the cash deposit to the requiredamount. If the applicant does not bring the financial security back up to the requiredamount within 7 days after notification by the City that the amount has fallen below 50% of the required amount the City may:

A. Withhold the scheduling of inspections and/or issuance of a certificate of occupancy. B. Revoke any permit issued by the City to the applicant for the site in question or anyother of the applicant's sites with the City's jurisdiction.

Subd. 11. Action against the financial security. The City may act against the financialsecurity if any of the conditions listed below exist.

A. The applicant ceases land -disturbing activities and/ or filling and abandons the worksite prior to completion of the requirements of the New Ulm Storm Water Permit. B. The applicant fails to conform to the requirements of the New Ulm Storm Water

Permit as approved by the City. C. The techniques utilized under the requirements of the New Ulm Storm Water Permitfail within one year of installation and the owner fails to take corrective action.

D. The applicant fails to reimburse the City for corrective action taken. Subd. 12. City use of funds. The City shall use funds from this security to financeremedial work undertaken by the City or a private contractor under contract with the Cityand to reimburse the City for all direct costs incurred in the process of remedial workincluding, but not limited to, staff time and attorney's fees. Subd. 13. Returning the financial security. The security deposited with the City forfaithful performance of the requirements of the New Ulm Storm Water Permit and anyrelated remedial work shall be released one full year after the completion of theinstallation of all storm water management measures as shown on the permit submittals.

Subd. 14. Fees. All applications for storm water permit approval shall be accompanied byan application fee as determined by the City Council. Subd. 15. Use of best management practices. All land -disturbing activities not requiringa New Ulm Storm Water Permit are encouraged to incorporate erosion and sediment

control best management practices when undertaking land -disturbing activities.

Section 13.04. New Ulm Storm Water Permit requirements.

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Subdivision 1. Permit required.

A. No land -disturbing activity shall commence on any site meeting the requirements ofthis Subdivision without first submitting a New Ulm Storm Water Permit application, paying the permit fee and obtaining a permit, unless specifically defined otherwise. B. Small site projects as defined in subdivision 2 of this section shall develop and be incompliance with an erosion and sediment control plan. C. Large site projects as defined in subdivision 4 of this section shall develop and be incompliance with an erosion and sediment control plan, site construction plan, and StormWater Pollution Prevention Plan approved for the project.

D. All erosion and sediment control plans, site construction plans, and Storm WaterPollution Prevention Plans must be prepared in accordance with the City standards, Citypermits, TMDL allocation plans, the New Ulm Storm Water Manual, and other specialdistrict plans as shall be adopted and amended from time to time.

E. Compliance with NPDES requirements. The erosion and sediment control plan and

the Storm Water Pollution Prevention Plan shall contain the information required forcompliance with the most recent requirements for an application for general storm waterpermit for construction ( MN R100001) as part of the Minnesota Pollution Control

Agency' s NPDES/ SDS in Minnesota Rules Chapter 7090, including all applicablespecial provisions.

Subd. 2. Small site projects. Small site projects for redevelopment and new construction

are defined as follows:

A. All land -disturbing activities greater than 1, 000 square feet and less than one acre. B. Excavation or filling in excess of 100 cubic yards but less than 1, 000 cubic yards ofmaterial.

C. Public and private roads or driveways on slopes any part of which exceeds 5%. D. Linear electric, telephone, cable television, utility lines, or individual service

connections to these utilities in excess of 1, 000 feet in length. Subd. 3. Small site projects; application procedures.

A. Application Process.

1. A written application for a New Ulm Storm Water Permit.

2. Two sets of clearly legible copies of permit submittals and required information shallbe submitted to the City Engineer and shall be accompanied by all applicable fees. Drawings shall conform to the requirements of the New Ulm Storm Water Manual

B. Existing Conditions Plan At a minimum, the existing conditions plan shall containthe information required by the New Ulm Storm Water Manual, except as determinedotherwise by the City Engineer. C. Site construction plan. At a minimum, the site construction plan shall include

information required by the New Ulm Storm Water Manual. D. Erosion and sediment control plan. At a minimum, the erosion and sediment

control plan shall contain the information required by the New Ulm Storm Water Manual, except as determined otherwise by the City Engineer. The erosion and sediment controlplan shall be prepared by an individual with a current University of Minnesota Erosion & Sediment Control Specialist certification, or a licensed engineer, and must be reviewed

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and approved by the City Engineer prior to issuance of a small site project storm waterpermit.

E. Additional Information. Any other information pertinent to the particular project that, in the opinion of the City Engineer, is necessary for the review of the project. F. City Review Schedule. Within ten days of application for a small site New UlmStorm Water Permit, the City Engineer will either issue or deny said permit or requestadditional information. If additional information is requested, the City Engineer willeither issue or deny the permit within ten days of the submittal of the requestedinformation.

G. Preliminary Review Encouraged. The applicant and contractor are encouraged toreview proposed activities with the City Engineer prior to completing plans for land - disturbing activities. The City Engineer may suggest alternative methods of constructionand erosion and sediment control that will assist the applicant in complying with thischapter.

Subd. 4. Large site projects. Large site projects requiring a New Ulm Storm WaterPermit in accordance with subdivision 5 of this section are defined as any one of the

following: A. All land -disturbing activities greater than one acre or phased and connected land - disturbing activities that cumulatively disturb more than one acre within a three yearperiod.

B. Excavation or fill of greater than 1, 000 cubic yards of material.

C. Any alteration of the course, current, or cross-section of natural or constructeddrainageways.

Subd. 5. Large site projects; application procedures.

A. Application process.

1. A written application for a New Ulm Storm Water Permit. Prior to applying forapproval of a New Ulm Storm Water Permit, an applicant may have the permit

submittals reviewed by the appropriate departments of the City. 2. The New Ulm Storm Water Permit submittals must be prepared by a licensed

engineer, and reviewed and approved by the City Engineer prior to issuance of a largesite project New Ulm storm water permit.

B. Submittals.

1. Two sets of clearly legible copies of the submittals shall be submitted to the CityEngineer and shall be accompanied by all applicable fees. Drawings shall conform tothe requirements of the New Ulm Storm Water Manual.

2. The New Ulm Storm Water Permit submittals shall contain the information requiredfor compliance with the most recent requirements for a storm water pollutionprevention plan ( SWPPP) as part of the Minnesota Pollution Control Agency'sNPDES/ SDS " Application for General Storm Water Permit for Construction

MNR100001)" or the most current version, including all applicable special provisions.

3. A copy of the NPDES general construction permit must be submitted as part of theNew Ulm Storm Water Permit.

4. Existing conditions plan. At a minimum, the existing conditions plan shall contain

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the information required by the New Ulm Storm Water Manual, except as determinedotherwise by the City Engineer. 5. Site construction plan. At a minimum, the site construction plan shall contain the

information required by the New Ulm Storm Water Manual, except as determinedotherwise by the City Engineer. 6. Erosion and sediment control plan. At a minimum, the erosion and sediment

control plan shall contain the information required by the New Ulm Storm WaterManual, except as determined otherwise by the City Engineer. 7. Storm Water Pollution Prevention Plan:

a. The owner must develop a SWPPP prior to submitting any large site storm waterpermit application and prior to conducting any land -disturbing activity.

8. A long term maintenance plan indicating the responsible party or parties chargedwith the long- term maintenance, repair, or replacement of any privately owned stormwater conveyance and retention facilities. Such plan shall also include information on

the intended final ownership of the properties containing such facilities and the meansby which inspection, maintenance, repair, or replacement shall be funded and

accomplished, and any other requirements according to the New Ulm Storm WaterManual.

9. Legal documents. Legal documents for securing temporary or permanent

easements as necessary shall be submitted for review. C. City Review Schedule. Within two weeks of application for a large site New UlmStorm Water Permit, the City Engineer will either issue or deny said permit or requestadditional information. If Planning Commission or City Council approval of a project isrequired, the findings of the City Engineer's review for compliance under this chaptershall also be forwarded to the Planning Commission. If additional information is

requested, the City Engineer will either issue or deny the permit within two weeks of thesubmittal of the requested information.

D. Preliminary Review Encouraged. The applicant and contractor are encouraged toreview proposed activities with the City Engineer prior to completing plans for land - disturbing activities. The City Engineer may suggest alternative methods of constructionand erosion and sediment control that will assist the applicant in complying with thischapter.

Section 13.05. Construction site storm water runoff control.

Subdivision. 1. Requirements. Storm water runoff from construction sites within the Cityof New Ulm shall be controlled and abated in accordance with the New Ulm Storm WaterManual and State and Federal permit requirements in order to minimize pollution of

downstream waters and to reduce erosion and sedimentation.

Subd. 2. Approval. An erosion and sediment control plan, site construction plan, or

Storm Water Pollution Prevention Plan that does not meet the standards contained in theNew Ulm Storm Water Manual and State and Federal permit requirements will not beapproved.

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Section 13.06. Post -construction storm water management in new development andredevelopment.

Subdivision 1. Statutory authorization. This section is written pursuant to MinnesotaStatutes Sections 462.351- 462. 364, which grant municipalities the necessary powers and

a uniform procedure for municipal planning. Subd. 2. Approval. An erosion and sediment control plan, site construction plan, or

Storm Water Pollution Prevention Plan that does not meet the standards contained in thissection will not be approved.

Subd. 3. Coverage

A. The provisions contained herein and in the New Ulm Storm Water Manual apply tothe post -construction storm water structures, practices, and design elements of thefinished site on new development and redevelopment projects with land disturbance of

greater than or equal to one acre, including projects less than once acre that are part ofa larger common plan of development or sale.

B. The post -construction storm water best management practices shall include anycombination of structural or design techniques and practices necessary to meet the

following conditions on the site of a construction activity. a. For new development projects— no net increase from pre -project conditions on an

annual average basis of storm water discharge volume, unless precluded by thestorm water management limitations as described in the New Ulm Storm WaterManual, storm water discharges of Total Suspended Solids (TSS), and storm water

discharges of Total Phosphorus (TP).

b. For redevelopment projects — a net reduction from pre -project conditions on an

annual average basis of storm water discharge volume, unless precluded by thestorm water management limitations as described in the New Ulm Storm WaterManual, storm water discharges of Total Suspended Solids (TSS), and storm water

discharges of Total Phosphorus (TP).

c. For new development and redevelopment projects with storm water management

limitations as described in the New Ulm Storm Water Manual, the designed postconstruction discharge shall be reduced to the maximum extent practicable.

Subd. 4. Wetlands.

1. Runoff shall not be discharged directly into wetlands without pretreatment of therunoff. All runoff into wetlands, including piped outfalls, shall be pretreated in

accordance with the minimum water quality treatment outlined herein for newdevelopments.

2. A protective buffer strip of natural vegetation including grass, rye, and native prairiegrasses, at least 20 feet in width from high water level shall surround all wetlands. This20 foot strip may be modified with approval of the City Engineer based on thetopography of the area and shall have no greater than a 1' to 5' slope ( vertical tohorizontal).

3. Wetlands shall not be drained or filled, wholly or partially, without first obtaining aMinnesota Wetlands Conservation Act ( WCA) permit in accordance with Minnesota

Rules 6115 and/or Minnesota Rules 8420 and the Federal Clean Water Act.

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4. Whenever new wetland construction mitigation is proposed and accepted, the

developer shall submit an irrevocable letter of credit, payable to the City of New Ulm, in the amount equal to 1. 5 times the price of purchasing credits from the nearestavailable and Minnesota Board of Soil and Water Resources approved wetland bank.

The developer shall conform to the requirements of the permitting authority, and

submit copies of all reports and permits to the City. If the developer fails to provide therequired reports or if the wetland fails to meet the required mitigation size or quality,

the City will give a 30 -day notice requesting a plan of action and warning thedeveloper of the City's right to utilize the letter of credit to rectify the problem. Mitigation by the purchase of banked wetland credits shall be exempt from the letter ofcredit requirement.

5. Buffer strip. Mowing shall not be allowed within the buffer strip without the writtenpermission of the City Engineer.

Subd. 5. Maintenance. All storm water management structures and facilities shall be

maintained in perpetuity to assure that the structures and facilities function as originallydesigned. The developer and/ or owner shall be responsible for any claims from ordamage to property affected by the storm water structures and facilities constructed as apart of the development. The City may require the developer and/or owner to conductroutine necessary maintenance on .the facilities. If the developer and/or owner do notcomplete the necessary mainenance in a timely fashon, the City may conduct suchmaintenance and assess the costs back to the developer and/ or owner. The developer

and/or owner, when legally transferring the property to another party, shall ensure that theCity's right to perpetuate maintenance responsibiltiy shall also be transferred. The Citymay assume the responsibility for maintenance with jurisdiction over the structures andfacilities. In the event that the developer/owner changes site configurations or the

structural stormwater BMPs change, new or improved BMPs willl be required so that the

net effectiveness of the BMPs for volume and pollutant reduction from the site does not

decrease. The developer and/or owner will also need to conform to the requirements of

any separate development agreement with the City. Subd. 6. Easements. Applicants shall establish, in a form acceptable to the City, temporary and perpetual easements, or dedicated outlots, for ponding, flowage, wetland, and drainage purposes over hydrologic features such as waterbodies and storm water

basins. The easements, or outlots, shall include the right of reasonable access for

inspection, monitoring, maintenance and enforcement purposes. If a storm water

management plan involves the redirection or increase of some or all runoff from the site, it

shall be the responsibility of the applicant to obtain from adjacent property owners anynecessary easements or other property interests concerning flowage of water. Subd. 7. Covenants. The City may require that the land be subjected to restrictivecovenants or a conservation easement, in a form acceptable to the City, to prevent thefuture expansion of impervious surface and the loss of infiltration capacity. Subd. 8. Monitoring facilities. The City may require the permittee to provide andoperate at the permittee's expense a monitoring facility to allow inspection, sampling, andflow measurements of each storm water system component. Where at all possible, the

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monitoring facility shall be located on the permittee' s property as opposed to beinglocated on public rights-of-way. Ample room must be allowed for accurate flow measuringand sampling and the facility shall be kept in a safe and proper operating condition.

Section 13.07. Illicit discharge.

Subdivision. 1. Requirements. Illicit discharges into the City's storm water managementsystem shall be eliminated in accordance with this Section.

Subd. 2. Administration. The City Engineer and the Engineer's authorized

representatives are authorized to administer, implement, and enforce the provisions of

this section.

Subd. 3. Discharge to MS4 prohibited.

A. A person commits a violation if the person introduces or causes to be introduced into

the New Ulm MS4 any discharge that is not composed entirely of storm water. B. The following are considered exempt discharge activities from enforcement actionfor a violation of subdivision 3.A:

1. A discharge authorized by, and in full compliance with a site specific NPDES permitfor construction activities.

2. A discharge or flow resulting from fire fighting by the Fire Department. 3. Agricultural storm water runoff.

4. A discharge or flow from water line flushing or disinfection that contains no harmfulquantity of total residual chlorine or any other chemical used in line disinfection. 5. A discharge or flow from lawn watering, or landscape irrigation. 6. A discharge or flow from a diverted stream flow or natural spring. 7. A discharge or flow from uncontaminated pumped groundwater or risinggroundwater.

8. Uncontaminated groundwater infiltration.

9. Uncontaminated discharge or flow from a foundation drain, sump pump, or footingdrain.

10. A discharge or flow from a potable water source not containing any harmfulsubstance or material from the cleaning or draining of a storage tank or othercontainer.

11. A discharge or flow from air conditioning condensation that is unmixed with waterfrom a cooling tower, emissions scrubber, emissions filter, or any other source ofpollutant.

12. A discharge or flow from individual residential car washing. 13. A discharge or flow from a riparian habitat or wetland.

14. A discharge or flow of cold water ( or hot water with prior permission of the CityEngineer) used in street washing or cosmetic cleaning that is not contaminated withany soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmfulcleaning substance. 15. Drainage from a private residential swimming pool containing no harmfulquantities of chlorine or other chemicals. Drainage from swimming pool filter

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backwash is prohibited.

C. No exemption shall be allowed under subdivision 3. 13 if:

1. The discharge or flow in question has been determined by the City Engineer to be asource of a pollutant or pollutants to the waters of the State or to the MS4. 2. Written notice of such determination has been provided to the discharger. 3. The discharge has continued after the expiration of the time given in the notice tocease the discharge.

D. A person commits a violation if the person introduces or causes to be introduced into

the MS4 any harmful quantity of any substance. Subd. 4. Connection of sanitary sewer prohibited. A person commits an offense if theperson connects a pipe or other device conveying sewage to the MS4, or allows such aconnection to continue.

Subd. 5. Nuisances.

A. An actual or threatened discharge to the MS4 that violates or would violate this

section is hereby declared to be a nuisance. B. A pipe or other device conveying sewage or designed to convey sewage that isconnected to the MS4 is hereby declared to be a nuisance.

Section 13.08. Inspection, Violations, and Penalties

Subdivision. 1. Inspection. The City Engineer or designee may inspect the storm watermanagement system of any permittee, or any connection to the MS4 to determinecompliance with the requirements of this chapter. The permittee or property owner shall

promptly allow the City Engineer or designee, upon presentation of credentials, to: A. Enter upon the permitted site or the site of a connection to the MS4 for the purposeof obtaining information, examining records, and/or conducting investigations,

inspections or surveys.

B. Bring such equipment upon the site as is necessary to conduct such inspections, surveys, and investigations.

C. Examine and copy any books, papers, records, or memoranda pertaining toactivities or records required to be kept under the terms and conditions of the site

including the requirements or conditions attached to an approved SWPPP of anNPDES/SDS storm water permit for construction activity. D. Inspect the storm water pollution control measures or the connection to the MS4. E. Sample and monitor any items or activities pertaining to storm water pollution controlmeasures or discharges to the MS4.

Any temporary or permanent obstruction to the safe and easy access for such aninspection shall be promptly removed upon the inspector's request. The cost of providingsuch access shall be borne by the permittee or owner of a site discharging to the MS4. Subd. 2. Storm water violations and reporting. New Ulm Storm Water Permit, and

non -permit related storm water violations include, but are not limited to:

A. Commencing site grading or preparation work without first having obtained a NewUlm Storm Water Permit and, if required, a NPDES/ SDS storm water permit for

construction activity.

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B. Noncompliance with the requirements or conditions attached to an approved

SWPPP of an NPDES/SDS storm water permit for construction activity. C. Non- conformance with the requirements of the New Ulm Storm Water Permit, New

Ulm Storm Water Manual, or other standards established by the City Engineer. D. Causing or allowing an illicit discharge, as specified in Section 13.07 of this Chapter, into the City MS4, a natural watercourse, storm water easement, stream, or river. E. Failure to remove sediments transported or tracked onto City Right -of -Way and/ or

streets by vehicles, construction traffic, rainfall events or other means, within 24 hoursof it being deposited on the street. F. Failure to install and maintain the erosion control measures ( BMPs) on a

construction site as outlined in the approved SWPPP and its amendments, New UlmStorm Water Permit, New Ulm Storm Water Manual, or other standards established bythe City Engineer. G. Depositing leaves, grass clippings, or other debris into or on the public right-of-way, roadway, or storm sewer system. H. Other violations or issues as described throughout this chapter.

The City Engineer shall document the reporting of a violation in writing. Such violationsmay be reported pursuant to a site inspection or a public complaint followed by a siteinspection. At a minimum, the complaint file shall contain the name and address of theowner, date, time, and nature of the violation, as well as other information as deemed

necessary to document site conditions, including photos and personal conversationrecords. In the case of a public complaint the file shall also, if voluntarily provided, contain

the name, address, and phone number of the individual filing the complaint. In addition, the complaint file shall contain records documenting subsequent site inspections, compliance actions, and a memo outlining the determination of the City Engineer and anyenforcement action taken and/ or any noncompliance fees levied. Subd. 3. Emergency suspension of a permit.

A. The City Engineer, may for cause, order the suspension of a New Ulm Storm WaterPermit when the City Engineer determines that an actual or threatened dischargepresents or may present an imminent or substantial danger to the health or welfare ofpersons downstream, or substantial danger to the environment. If a permit is

suspended, all work in the area covered by the permit shall cease immediately. If anyperson is notified of such suspension and fails to comply voluntarily with the suspensionorder, the City shall take whatever steps are necessary to obtain compliance. The CityEngineer may reinstate the New Ulm Storm Water Permit upon proof of compliance withall permit conditions and that the danger no longer exists. The City Engineer may alsoorder the immediate suspension of all work if a person or entity is conducting an activityfor which a permit is needed without first obtaining the appropriate permit. The

suspension shall remain in effect until the required permit(s) are obtained.

Subd. 4 Emergency suspension of utility service and MS4 access. A. The City Engineer may, without prior notice, suspend water service, sanitary sewerservice, and/or MS4 discharge access to a person or property discharging to the MS4, waters of the State, or Waste Water Treatment Plant when such suspension is

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necessary to stop an actual or threatened discharge which presents or may presentimminent and substantial danger to the environment or to the health or welfare of

persons or presents or may present imminent and substantial danger to the MS4 orwaters of the State. If the violator fails to comply with an order of suspension, the CityEngineer may take such steps as deemed necessary to prevent or minimize damage tothe MS4 or waters of the State, or to minimize danger to persons. The City Engineershall not reinstate suspended services or MS4 access to the violator until:

1. The violator presents proof, satisfactory to the City Engineer that the noncomplyingdischarge has been eliminated and its cause determined and corrected.

2. The violator pays the City for all costs the City incurred in responding to abating, remediating, treating and disposing of the discharge or threatened discharge. 3. The violator pays the City for all costs the City will incur in reinstating service oraccess.

Subd. 5. Non -emergency revocation of a permit. A New Ulm Storm Water Permit maybe revoked following notice. An opportunity for a hearing in accordance with subdivision 8of this section will be provided. The City Engineer may revoke apermit for cause, including but not limited to:

A. Violation of any terms or conditions of the applicable permit. B. False statements on any required reports and applications. C. Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts. D. Any other violation of this chapter or related ordinance.

The City Engineer may revoke a New Ulm Storm Water Permit and order a temporarywork stoppage until a project is brought back into compliance. Notice of such an order

shall be given and a hearing opportunity provided in accordance with subdivisions 7 and 8of this section. Under a revoked permit no additional permit approvals ( i. e., building, excavation, etc.) shall be issued for any properties within the area included within thepermit boundaries until approved by the City Engineer. In addition, the City may deny newpermits ( i. e., storm water, building, excavation, etc.) to the permittee or landowner in

violation for projects in other locations until current permits are brought into compliance

Subd. 6. Non -emergency suspension of utility service and MS4 access. A. The City may terminate the City -provided water supply, sanitary sewer connection, and/ or MS4 access to any person or property discharging to the MS4 in violation of thisordinance, if such termination would abate or reduce the illicit discharge. The City shallnot reinstate suspended services or MS4 access to the discharger or property until:

1. The violator presents proof, satisfactory to the City Engineer, that the noncomplyingdischarge has been eliminated and its cause determined and corrected.

2. The violator pays the City for all costs the City incurred in responding to abating, remediating, treating and disposing of the discharge or threatened discharge. 3. The violator pays the City for all costs the City will incur in reinstating service oraccess.

Subd. 7. Notification. Whenever the City Engineer finds that any person has violated oris violating this chapter, New Ulm Storm Water Permit and/or its conditions, or anyprohibition, limitation, or requirement contained herein, the City Engineer shall serve upon

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such person a written notice stating the nature of the violation. Upon notification of theviolation, any illicit discharges must cease. Within 7 days of the date of the notice, unlessa shorter time frame is set by the City Engineer due to the nature of the violation, a plansatisfactory to the Engineer for correction thereof must be submitted to the City Engineer. If a satisfactory plan is not submitted in a timely manner, or the terms of such plan are notfollowed, the City Engineer may order all work in the affected area to cease until submittalof such a plan and compliance with the plan is acheived. If a person disagrees with the

determination of the City Engineer, that person may request a hearing as provided insubdivision 8 of this section.

Subd. 8. Hearing. A. Informal Hearing. Any person dissatisfied with an order the City Engineer issuedpursuant to this section may request an informal hearing before the City Engineer uponrequest made in writing and filed with the City Engineer. The informal hearing must beheld within 5 days of the request. Following the hearing, the City Engineer may affirm, modify or rescind the order. A request for a hearing filed pursuant to this section doesnot stay the order while the hearing is pending. B. Formal Hearing. Any person dissatisfied with an order the City Engineer issuedpursuant to this section may request a formal hearing by filing a written request for ahearing with the City Engineer, within 15 days of receipt of the order. The hearing mustbe held within 10 days of receipt of the request. A notice of hearing must be served onthe person appealing the order, specifying the time and place of a hearing and directingthe person appealing to show cause why the order of the City Engineer should not beupheld. The notice must be served personally or by registered or certified mail at least 5days before the hearing. The evidence submitted at the hearing shall be considered bythe City Manager or his/ her designee, who shall then shall either, uphold, modify, orrescind the order of the City Engineer. A request for a hearing filed pursuant to thissection does not stay the order while the hearing is pending. An appeal of the decision

may be taken to the District Court according to law. If the City Manager or his/herdesignee upholds an order, the order shall not be stayed as a result of an appeal to theDistrict Court.

Subd. 9. Legal action. The discharge of illicit, deposited, or eroded materials onto public

rights-of-way or public storm sewer systems within the City is a civil and criminal offenseand may result in an order to remove such materials. If any person commences any land - disturbing activities which result in increased storm water quantity or storm water qualitydegradation into the City's storm water management system contrary to the provisions ofthis chapter, or contrary to any federal or state requirements or any order of the CityEngineer, the City Attorney may commence action for appropriate legal and/or equitablerelief including administrative or criminal penalties. Subd. 10. Enforcement, penalty and noncompliance fees. Violation of an order of theCity Engineer made in accordance with this chapter, or failure to comply with anyprovision of this chapter and the orders, rules, regulations, and permits issued hereunder,

is a misdemeanor. Each day on which a violation occurs or continues to exist shall bedeemed a separate and distinct offense. All land use and building permits may be

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suspended until the applicant has corrected the violation. Fees for noncompliance and re-

inspection may be imposed for violation of this chapter. A schedule of such fees shall beestablished by the City Council. Subd. 11. City' s right to correct violations. The City reserves the right to initiatecleaning, repair, or replacement work at any point after notification, except in cases

deemed by the City Engineer as an emergency, in which such case, the City shall reservethe right to correct or mitigate the causes of the emergency prior to notification of theviolator.

Subd. 12. Costs of damage. Any person violating any of the provisions of this chapter, or who initiates an activity which causes a deposit, obstruction, damage, or other

impairment to the City's storm water management system, is liable to the City for anyexpense, loss, or damage caused by the violation or the discharge. The City may bill theperson violating this chapter the costs for any cleaning, repair, or replacement work

caused by the violation of storm water discharge. Failure to reimburse such costs within90 days may result in assessment of such costs against the violator's property. Subd. 13. City Attorney's fees and costs. In addition to the civil penalties providedherein, the City may recover reasonable attorney' s fees, court costs, court reporter's fees, and other expenses of litigation by appropriate action against the person found to haveviolated this chapter or the orders, rules, regulations, and permits issued hereunder.

Subd. 14. Falsifying information. It is a violation of this chapter to knowingly make anyfalse statement, representation, or certification in any applicable record, report, plan,

permit, or other document filed or required to be maintained pursuant to this chapter, or to

knowingly falsify, tamper with, or render inaccurate any monitoring device or methodrequired under this chapter.

Subd. 15. Penalties. Any person violating any provision of this chapter, in addition toother sanctions set forth above, may be charged with a misdemeanor. Subd. 16. Severability. If any section, sentence, clause, or phrase of this chapter is forany reason held to be invalid or unconstitutional by a decision of any court of competentjurisdiction, such decision shall not affect the validity of the remaining portions of thischapter.

SECTION II. That this ordinance shall take effect and shall be in force 30 days from andafter its adoption, approval, and publication.

Adopted by the City Council of the City of New Ulm this 21 st day of June, 2016.

Attest:

President of the City CoundY

IWIME

l

Fin ce Director

Approved by the Mayor of the City of New Ulm this 21 st day of June, 2016.

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