Ch11.§4-20 · City of Nowthen public records

# STORMWATER AND WETLAND MANAGEMENT A. ## Purpose: 1\. Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition. 2\. Stormwater runoff contributes to increased quantities of water-borne pollutants.   3\. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites. It is determined that the regulation of stormwater runoff discharges from land development projects and other construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will prevent threats to public health and safety. 4\. The purpose of this Section is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public and environment in the watersheds within the City of Nowthen as stipulated in the City of Nowthen Water Management Plan, adopted by the City Council on January 14, 2020. 5\. This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. B. Applicability: Every applicant for a building permit, subdivision approval, or a permit to allow land disturbing activities must meet the requirements of this Chapter. 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 with the provisions of this Chapter. This ordinance shall be applicable to all site development permit applications, unless eligible for an exemption under the provisions of this Chapter. 1\. Exemptions. The provisions of this Section do not apply to: a. The plowing, tilling, planting, or harvesting of agricultural, horticultural, or silvicultural crops. b. Additions or modifications to existing single family structures, except where site disturbance is 10,000 sf or more. C. Site development of lots for which a stormwater management plan was approved as part of a larger common development plan.   d. Any emergency activity which is immediately necessary for the protection of life, property or natural resources. 2\. Waivers. Every applicant shall provide for stormwater management as required by this Section, unless a written request is filed to waive this requirement. The City Council, upon recommendation of the Planning & Zoning Commission , may waive any requirement of this ordinance upon making a finding that compliance with the ordinance would cause an unnecessary hardship and the waiver of such requirement will not adversely affect the objectives of this ordinance. Requests to waive the stormwater management requirements shall be submitted to the City of Nowthen for approval as a Variance under the terms of this Chapter. 3\. In instances where meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site, the City of Nowthen may grant a waiver from strict compliance with these stormwater management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a waiver, the applicant must demonstrate to the satisfaction of the City of Nowthen that the waiver will not result in the following impacts to downstream waterways: a. Deterioration of existing culverts and other structures. b. Increase in stormwater runoff rates and volume, soil erosion, siltation, stream temperature, or nonpoint source pollution. C. Accelerated stream bank or streambed erosion or siltation. d. Increased threat of flood damage to public health, life, property. 4\. Where compliance with minimum requirements for on-site stormwater management is waived, the applicant will satisfy the minimum requirements by meeting one (1) of the mitigation measures selected by the City of Nowthen. Mitigation measures may include, but are not limited to, the following: a. The creation of a stormwater management facility or other drainage improvements on previously developed properties, public or private, that currently lack stormwater management facilities designed and constructed in accordance with the purposes and standards of this ordinance. b. Monetary contributions (Fee-in-Lieu) to fund stormwater management activities that are designed to service multiple land   disturbing and development activities undertaken by one or more persons, including the applicant. (1) Where the City of Nowthen waives all or part of the minimum stormwater management requirements, or where the waiver is based on the provision of adequate stormwater facilities provided downstream of the proposed development, the applicant shall be required to pay a fee in an amount as determined by the City of Nowthen. (2) When an applicant obtains a waiver of the required stormwater management, the monetary contribution required shall be calculated on a case-by-case basis by the City Engineer. All of the monetary contributions shall be credited to an appropriate capital improvements program project, and shall be made by the developer prior to the issuance of any building permit for the development. C. Dedication of Land. In lieu of a monetary contribution, an applicant may obtain a waiver of the required stormwater management by entering into an agreement with the City of Nowthen for the granting of an easement or the dedication of land by the applicant, to be used for the construction of an off-site stormwater management facility. The agreement shall be entered into by the applicant and the City of Nowthen prior to the recording of plats or, if no record plat is required, prior to the issuance of the building permit. ## C. Storm Water Management Plan: 1\. It is the policy of the City of Nowthen to require development to control urban stormwater quantity and quality through a management approach of detention and infiltration basins. Detention and infiltration basins, whether on-site or regional in nature, shall be designed to incorporate all requirements of the Minnesota NPDES/SDS General Stormwater Permit for Construction Activity (MN R100001). 2\. The Storm Water Management Plan shall be in conformance with the requirements of the approved local Water Management Plan for the City of Nowthen, as amended. Facilities shall be designed in accordance with the approved local Water Management Plan and Standard Specifications for the City of Nowthen, as amended. D. Wetland Management Standards: 1\. The City finds that wetlands serve a variety of beneficial functions and values. Wetlands maintain water quality, reduce flooding and erosion,   provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Wetlands are important physical, educational, ecological, aesthetic, recreational, and economic assets to the City. They are critical to the city's supply of clean drinking water, stormwater management, and other aspects of health, safety, and general welfare. Regulating wetlands and the land uses around them is therefore in the public interest. 2\. In order to protect wetlands, this chapter incorporates by reference the Minnesota Wetland Conservation Act of 1991 (hereinafter referred to as the WCA) and any future amendments adopted by the legislature. 3\. In addition to having regulations that affect the physical impacts within wetland areas, the state pollution control agency (PCA) has required the city to address potential non-point source impacts from future development with the establishment of buffer strip standards to complement the existing stormwater standards. A buffer strip is an upland area left in, or restored to, its natural state (non-turf grass) that surrounds a wetland or stormwater pond and reduces negative impacts to wetlands from adjacent development. 4\. Drainage swales, ditches, storm sewers and culverts typically collect street and front yard drainage and direct the drainage to an appropriately sized pond for pre-treatment prior to discharge to a wetland or water body. Back yard drainage typically reaches wetlands or water bodies without any pretreatment thereby allowing lawn and garden chemicals, sediments, pet wastes, fertilizer, and other types of contaminants to directly impact the receiving water body. 5\. The city has found that wetlands vary significantly in the degree that they have been altered. Wetlands exhibit great variations in their overall quality. Therefore, the city has determined that it is necessary and beneficial to protect wetlands based on the needs for their existing quality. 6\. Through the adoption and enforcement of this section, the City shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices and mitigation when development occurs in the vicinity of wetlands. Through the implementation of this section, the city seeks to accomplish the following: a. To satisfy the requirements of the WCA as it may be amended and thereby achieve no net loss of wetlands within the city. b. To satisfy the requirements of the Minnesota PCA by treating non- point source pollution that currently is not treated by ponds (primarily   back yard drainage) and to limit disturbance from adjacent development by utilizing the appropriately sized buffer strip. C. To balance the needs to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the city. d. To promote water quality by maintaining the ability of wetlands to recharge groundwater and receive the discharge of groundwater, to retain sediment and toxins, and to filter nutrients from surface water runoff before it discharges into the Rum River and other receiving waters, thus avoiding the contamination and eutrophication of these water features. e. To provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the city. f. To prevent property damage and the losses associated with flood conditions, and reduce erosion problems. g. To preserve the natural character of the landscape through the restoration of wetland ecosystems. 7\. This section shall apply to any applicant for a subdivision approval, or a grading, excavation, or mining permit to allow wetland disturbing activities. No subdivision approval or grading permit to allow wetland disturbing activities shall be issued until approval of the wetland replacement plan application or a certificate of exemption has been obtained in strict conformance with the provisions of this section and the Minnesota Wetland Conservation Act. This section applies to all land, public or private, located within the City of Nowthen. 8\. Wetland Function and Value Assessment. A wetland function and value assessment shall be required in accordance with the provisions of the approved local Water Management Plan for the City of Nowthen, as amended. Function and value assessments shall be required when any of the following activities are proposed: a. Subdivision b. Any projects with wetland impacts as defined by the WCA (Minnesota Rules 8420). C. Wetland excavation greater than 0.5 acres.   9\. Wetland Excavations. State law restricts excavations in some wetland types, but not in other wetlands. Pond digging and excavation have the potential for significant negative impacts if done improperly or in improper locations. Excavations shall be denied when any of the following conditions exist: a. Excavations in sedge meadow wetlands. b. Excavations in forested wetlands. C. Excavations in bogs. d. Excavations in wetlands identified as Natural Heritage Communities by the Minnesota County Biological Survey. e. Excavations in wetlands deemed a natural community, supporting ecologically sensitive flora and fauna, based on a field visit by the Soil and Water Conservation District. f. The excavation will not provide diversity to the wetland basin or complex. g. Wetlands which support a wide variety of plant species. h. Wetlands that score high on the MnRAM vegetative diversity criteria. i. Excavations for the purpose of creating aesthetic reflecting pools. 10\. Buffer Strips. Wetland buffers are unmowed areas adjacent to wetlands that contain non-invasive vegetation, preferably dense native vegetation. Buffers filter pollutants before they can enter the wetland, reduce erosion, protect vegetation diversity and wildlife habitat, and minimize human impacts to the wetlands. Buffers are required around all wetlands within new subdivisions, with the width dependent upon relative susceptibility. a. Design standards. Buffer strips shall be designed in accordance with the approved local Water Management Plan and Standard Specifications for the City of Nowthen, as amended. b. Minimum buffer widths. Minimum widths are shown in Table 1 below. (Ordinance 2015-02, adopted July 14, 2015)   <table> <caption>Table 1 Summary of Wetland Standards</caption> <tr> <th>Wetland Class</th> <th>Minimum Buffer Width</th> <th>Structure Setbacks</th> <th>Sequencing and Avoidance</th> <th>Wetland Replacement Ratios</th> <th>Excavation</th> </tr> <tr> <td>High Priority Wetlands</td> <td>25 ft</td> <td>50 ft</td> <td>No impacts allowed without demonstrating significant public benefit.</td> <td rowspan="3">Minnesota Wetland Conservation Act (WCA) ratios apply</td> <td rowspan="4">All excavations >0.5 acres regulated per text</td> </tr> <tr> <td>Moderate Priority Wetlands</td> <td>20 ft</td> <td>40 ft</td> <td>WCA sequencing applies.</td> </tr> <tr> <td>Minor Priority Wetlands</td> <td>15 ft</td> <td>30 ft</td> <td>WCA sequencing applies.</td> </tr> <tr> <td>Use Wetlands</td> <td>15 ft</td> <td>30 ft</td> <td>WCA sequencing applies.</td> <td></td> </tr> </table> E. Inspection and Maintenance: All stormwater management facilities shall be designed to minimize the need of maintenance, to provide access for maintenance purposes, and to be structurally sound. It shall be the responsibility of the applicant to obtain or provide any necessary easements or other property interests to allow for inspection and maintenance purposes. The City of Nowthen may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this ordinance and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. ## F. Enforcement: 1\. Stop-Work Order and Revocation of Permit. In the event that any person holding a site development permit violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City may suspend or revoke the site development permit. 2\. Violations and Penalties   a. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this Section. b. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each seven (7)-day period during which any violated provision is continued or permitted, shall constitute a separate offense. C. In addition to the other penalties authorized by this Section, any person, partnership, or corporation convicted of violating any of the provisions of this Section shall be required to bear the expense of such restoration. d. The remedies listed in this Section are not exclusive of any other remedies available under any applicable federal or state law or other City ordinances and it is within the discretion of the City of Nowthen to seek cumulative remedies. (Ordinance 2013-04, adopted April 9, 2013)   # SECTION 5 BUILDING TYPE AND CONSTRUCTION <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>11-5-1</td> <td>Purpose</td> </tr> <tr> <td>11-5-2</td> <td>General Provisions</td> </tr> <tr> <td>11-5-3</td> <td>Exterior Building Finishes</td> </tr> </table> 11-5-1: PURPOSE: Buildings in all zoning districts shall maintain a high standard for exterior architecture to ensure a high quality of development and land use compatibility that contribute positively to community image in regard to material quality, visual aesthetics, permanence and stability and to prevent use of materials that are unsightly, deteriorate rapidly, contribute to depreciation of area property values, or cause urban blight. (Ordinance #38, October 11, 2011)

Ch.11 § 4-20

Amendment history