10-10 Bill No. 2024-11 RevisedBILL NO. 2024-11
AN ORDINANCE AMENDING CHAPTERS IV - VI OF THE
RICHFIELD CODE OF ORDINANCES PERTAINING TO EROSION AND
SEDIMENTATION CONTROL, WATER RESOURCE MANAGEMENT AND WELL
DRILLING
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Chapter IV, sub-section 428.03 of the Richfield Code of Ordinances is
amended as follows:
428.03. - Administration.
The City Council hereby designates the City Engineer or their designee as
the Administrator of this Section. Erosion control plans shall be reviewed and
approved under the existing building permit process. Applications for a permit shall
include information required by this Code. Applications for a permit shall also meet
the requirements of the Richfield-Bloomington Watershed Management
Organization (RBWMO), and the Minnehaha Creek Watershed District (MCWD) or
the Nine Mile Creek Watershed District (NMCWD), as applicable. A fee in addition
to the building permit fee is required for erosion control plan review and inspections
as provided in Appendix D—License, Permit and Miscellaneous Fees.
Section 2. Chapter IV, Sub-section 428.05 of the Richfield Code of Ordinances is
re-numbered and amended as follows:
428.045. - Performance standards for erosion and sedimentation control.
The design, testing, installation, and maintenance of erosion and sediment
control operations and facilities shall adhere to the standards and specifications
contained in the latest version of the Minnesota Stormwater Manual, dated 2014,
as may be amended. Erosion control plans shall also adhere to the City's
Engineering Design Standards for erosion and sediment control.
Section 3. Chapter IV, sub-section 428.09 of the Richfield Code of Ordinances is
amended to remove an apparent typographical error or extraneous language “(;lt;)” as
follows:
428.09. General Exemptions.
Subdivision 1. The following land disturbing activities that meet all of the
requirements of this subdivision are exempt from this Section. The disturbed or fill
area is less than (;lt;) 5,000 square feet in area; and:
a.The volume of soil or earth material stored or moved is 50 cubic yards
or less; and
b.Impervious surface of less than 10,000 square feet is created; and
c.No drainageway is blocked or has its stormwater carrying capacities
or characteristics modified; and
d. The activity does not take place within 100 feet by horizontal
measurement from the top of the bank of the watercourse, the ordinary high water
mark of the water body, or the ordinary high water mark of a wetland associated
with a watercourse or water body.
Subd. 2. Agricultural lands, including gardens, used mainly for the
production of food, general farming, nurseries, etc. are exempt from this regulation.
Section 4. Chapter IV, sub-section 429.02 of the Richfield Code of Ordinances is
amended as follows:
429.02. Incorporation by reference.
The City's Engineering Design Standards are incorporated into this Section
by reference. The standards shall serve as the official guide for stormwater
principles, methods, and practices for proposed development activities. The City's
Engineering Design Standards are incorporated into this Section by reference. The
City’s National Pollution Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System Phase II General Permit (MS4 General Permit) is
incorporated into this sub-section by reference. Nothing in this section or this code
shall be interpreted as to limit or abrogate the provisions of the City’s MS4 General
Permit or other applicable federal or state regulation.
Section 5. Chapter IV, sub-section 429.03 of the Richfield Code of Ordinances is
amended as follows:
429.03. - Definitions.
Subdivision 1. For purposes of this Section, the following terms have the
meanings set forth below.
Subd. 2. (a) Best Management Practices (BMPs). The BMPs
identified in the SWPPP and this permit must be selected, installed,
and maintained in an appropriate and functional manner that is in
accordance with relevant manufacturer specifications and accepted
engineering practices. means practices to prevent or reduce the
pollution of bodies of water, including schedules of activities,
prohibitions of practices, and other management practices, and also
includes treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge, or
waste disposal or drainage from raw material storage.
(b) Storm Events (e.g. one-,two-,ten-, and 100-year) refers to the
Atlas 14 precipitation frequency estimates described by the National
Oceanic and Atmospheric Administration.
Section 6. Chapter IV, sub-section 429.05 of the Richfield Code of Ordinances is
amended as follows:
429.05. - Stormwater Management for Land Altering Activities.
Subdivision 1. Administration. The City Council hereby designates the
Director of Public Works or their designee as the administrator of this Section.
Subd. 2. Application. Stormwater management plans shall be reviewed and
approved under the existing building permit review process. The applicant must
include the requirements of this Section in the plans submitted as part of the
building permit review.
Subd. 3. Stormwater Management Regulations. Residential development
projects with land disturbing activities of one acre or greater, or any commercial,
industrial, institutional or mixed-use development with land disturbing activities of
½ acre or greater shall submit a stormwater management plan that meets the
criteria of the City's Engineering Design Standards to the City prior to construction.
(a) For projects that exceed these thresholds, stormwater Stormwater runoff
discharge rates may not exceed the existing conditions for the one -, two-,
ten-, and 100-year storm events. If the increase in imperviousness is 50
percent or greater, the discharge rate requirements must be based on pre -
development conditions.
(b) Stormwater runoff to a landlocked area that cannot handle the increased
runoff must maintain runoff volumes to the existing conditions.
(c) Stormwater ponds must have a ten -foot, 10:1 bench, two (2) feet of
freeboard, and must be designed to remove floatables floating debris from
a one-year event.
(d) For projects with total land disturbance less than one acre, sidewalks
Sidewalks and trails that do not exceed ten (10) feet in width and are
bordered by a pervious buffer of at least five (5) feet on each side are not
included in may be excluded from calculations for net increase in impervious
surface with the approval of the City Engineer.
(e) For projects with total land disturbance less than one acre, water Water
quality and quantity provision requirements may be waived by the
administrator if a downstream facility is in place or will be constructed and
the facility is designed to accommodate the stormwater runoff from the
project. Projects with total land disturbance greater than one acre must
adhere to the off-site treatment sequencing described in the MS4 General
permit, wherein onsite treatment must be considered first.
(f) For projects with total land disturbance less than one acre, the The
requirements of this Section may be waived by the administrator or the City
Engineer if it is determined that meeting the requirements of this Subsection
on site is not feasible.
Subd. 4. Performance criteria for stormwater management. Unless
determined by the City to be exempt or granted a waiver, all site designs shall
establish Stormwater Management Practices to control the peak flow rates and
pollutants of stormwater discharge associated with specified design storms and
runoff volumes, as detailed in the City's Engineering Design Standards.
Subd. 5. Stormwater Management Regulations in the Minnehaha Creek
Watershed District ("MCWD"). In the area of the jurisdiction of the Minnehaha
Creek Watershed District, no one may create new or replace existing pervious
surface or change the contours of a parcel of land in a way that affects the
direction, peak rate, volume, or water quality of runoff flows from the parcel or
subdivide a parcel of one (1) acre or more in size into three (3) or more lots without
first submitting a stormwater management plan to the City Director of Public Works
and securing a permit from the City approving the plan.
(a) New development, redevelopment, subdivision of land and linear
transportation projects must comply with applicable requirements of the
MCWD Stormwater Management Rule.
(b) Activities that are exempt from the MCWD Stormwater Management
Rule are exempt from this Section.
(c) An applicant must meet the requirements of, and provide a stormwater
management plan that includes all information required by, the MCWD
Stormwater Management Rule unless otherwise directed by the Director of
Public Works.
Subd. 6. Financial assurance. The City may require a performance bond,
letter of credit or other financial assurance for any project that requires installation
of stormwater best management practices. The financial assurance shall be
maintained until the stormwater best management practice has been constructed
and stabilized.
Subd. 7. Compliance with plan and maintenance of facilities.
(a) Projects shall be constructed and maintained in accordance with the
approved stormwater management plan, the City's Engineering Design
Standards and any conditions imposed by the City.
(b) All stormwater management structures and facilities must be designed
for maintenance access and properly maintained in perpetuity to assure that
they continue to function as designed.
(c) The Responsible Party shall enter into a Maintenance Agreement with
the City that documents all responsibilities for operation and maintenance
of all permanent storm water management facilities. Such responsibility
shall be documented in a maintenance plan and executed through a
Maintenance Agreement. The Maintenance Agreement shall be executed
and recorded against the parcel. The stormwater Maintenance Agreement
shall be in a form approved by the City and shall describe the inspection
and maintenance obligations of this Section and shall, at a minimum:
(1) Designate the Responsible Party who is permanently responsible
for maintenance of the structural and nonstructural measures.
(2) Pass responsibilities for such maintenance to successors in title.
(3) Allow the City and its representatives the right-of-entry for the
purposes of inspecting all permanent storm water management
facilities.
(4) Allow the City the right to maintain the facility if necessary
maintenance is not performed within 60 calendar days after a written
notice has been sent to the responsible party of the permanent storm
water management facility.
(5) Include a maintenance plan that contains, but is not limited to the
following:
(a) Identification of all structural permanent storm water
facilities.
(b) A schedule for regular inspection, monitoring, and
maintenance of each practice. Monitoring shall verify whether
the practice is functioning as designed and may include, but
is not limited to quality, temperature, and quantity of runoff.
(c) Identification of the Responsible Party for conducting the
inspection, monitoring and maintenance for each practice.
(d) Include a schedule and format for reporting compliance
with the maintenance agreement to the City.
(d) The issuance of a permit constitutes a right-of-entry for the City or its
contractor to enter upon the construction site. The applicant shall allow the
City and its authorized representatives, upon presentation of credentials, to:
(1) Enter upon the permitted site for the purpose of obtaining
information, examination of records, conducting investigations or
surveys.
(2) Bring such equipment upon the permitted development as is
necessary to conduct such surveys and investigations.
(3) Examine and copy any books, papers, records, or memoranda
pertaining to activities or records required to be kept under the terms
and conditions of the permit.
(4) Inspect the stormwater pollution control measures.
(5) Sample and monitor any items or activities pertaining to
stormwater pollution control measures.
(6) Correct deficiencies in stormwater and erosion and sediment
control measures.
Subd. 8. Inspection of Storm Water Management Facilities.
(a) Inspection programs shall be established on any reasonable basis,
including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections of
businesses or industries of a type associated with higher than usual
discharges of contaminants or pollutants or with discharges of a type which
are more likely than the typical discharge to cause violations of state or
federal water or sediment quality standards or the NPDES permit; and joint
inspections with other agencies inspecting under environmental or safety
laws. Inspections may include, but are not limited to, reviewing maintenance
and repair records; sampling discharges, surface water, groundwater, and
material or water in drainage control facilities; and evaluating the condition
of drainage control facilities and other storm water management practices.
(1) When any new storm water management facility is installed on
private property, or when any new connection is made between
private property and a public drainage control system, sanitary
sewer, or combined sewer; the property owner shall grant to the City
the right to enter the property at reasonable times and in a
reasonable manner for the purpose of inspection. This includes the
right to enter a property when the City has a reasonable basis to
believe that a violation of this Section is occurring or ha s occurred,
and to enter when necessary for abatement of a public nuisance or
correction of a violation.
(2) The Director of Public Works, or designated representative, shall
inspect all storm water management facilities during construction,
during the first year of operation, and at least once every five years
thereafter or require inspections of structural stormwater BMPs
(excluding stormwater ponds) once each calendar year unless either
of the following conditions apply: complaints received or patterns of
maintenance indicate a greater frequency is necessary,
or maintenance or sediment removal is not required after completion
of the first two calendar year inspections; in which case the frequency
of inspections may be reduced to once every two (2) calendar
years. Stormwater ponds shall be inspected at least once every five
years, prior to the expiration of the most current MS4 general permit.
The inspection records will be kept on file at the public works
department for a period of 6 years. It shall be the responsibility of the
applicant to obtain any necessary easements or other property
interests to allow access to the storm water management facilities for
inspection and maintenance purposes.
(b) Records of Installation and Maintenance Activities. The Responsible
Party shall make records of the installation and of all maintenance and
repairs of the storm water management facilities, and shall retain the
records for at least three (3) years. These records shall be made available
to the City during inspection of the storm water management facilities and
at other reasonable times upon request.
(c) Failure to Maintain Practices. If a Responsible Party fails or refuses to
meet the requirements of the Maintenance Agreement, the City, after
reasonable notice, may correct a violation of the design standards or
maintenance needs by performing all necessary work to place the storm
water management facility in proper working condition. In the event that the
storm water management facility becomes a danger to public safety or
public health, the City shall notify the Responsible Party in writing. Upon
receipt of that notice, the Responsible Party shall have thirty days to perform
maintenance and repair of the facility in an approved manner. After proper
notice, the City may specially assess the owner(s) of the storm water
management facility for the cost to maintain the practice and any penalties;
and the cost of the work shall be assessed against the property a nd
collected along with ordinary taxes by the county.
Subd. 9. Construction standards. The design and construction criteria for
stormwater management plans outlined in the City's surface water management
plan, the City's Engineering Design Standards, and the Minnesota Stormwater
Manual, as amended, shall be utilized as the construction standards for these
regulations. These criteria are on file in the City engineering office.
Section 7. Chapter IV, sub-section 429.06 of the Richfield Code of Ordinances is
amended as follows:
429.06. - Penalties for Violation.
Subdivision 1. Violation of the provisions of these regulations or failure to
comply with any of its requirements shall constitute a misdemeanor and shall be
punishable as defined by law.
Subd. 2. Notice of Violation. When the City determines that an activity is not
being carried out in accordance with the requirements of this Section, it shall issue
a written notice of violation to the owner of the property. The notice of violation
shall contain:
(a) The name and address of the owner or Applicant,
(b) The address when available or a description of the land upon which the
violation is occurring,
(c) A statement specifying the nature of the violation,
(d) A description of the remedial measures necessary to bring the
development activity into compliance with this Section and a time schedule
for the completion of such remedial action,
(e) At statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed, and
(f) A statement that the determination of violation may be appealed to the
City Engineer by filing a written notice of appeal within 15 days of services
notice of violation.
Subd. 3. Stop Work Order. Persons receiving a stop work order will be
required to halt all construction activities immediately. This Stop Work Order will
be in effect until the City confirms that the Land Disturbance Activity is in
compliance and the violation has been satisfactorily addressed. Failure to address
a notice of violation in a timely manner may result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in this Section.
Subd. 4. Civil or Criminal Penalties. In addition to or as an alternative to any
penalty provided herein or by law, any person who violates the provisions of this
Section shall be guilty of a misdemeanor and subject to prosecution. Such person
shall be guilty of a separate offense for each day during which the violation occurs
or continues.
Subd. 5. Restoration of Lands and Water Bodies. Any violator may be
required to restore land or water bodies damaged or degraded by noncompliance
to its undisturbed condition. In the event that restoration is not undertaken within a
reasonable time after notice, the City may take necessary corrective action, the
cost of which may, after notice and opportunity for hearing, be specially assessed
against the property and collected along with the ordinary taxes by the county.
Subd. 6. Appeals. Any person aggrieved by the action of any official
charged with the enforcement of this Section, as the result of the disapproval of a
properly filed application for approval, issuance of a written notice of violation, or
an alleged failure to properly enforce this Section in regard to a specific application,
shall have the right to appeal the action to the City Engineer.
(a)The Applicant shall submit the appeal in writing and include supporting
documentation.
(b)City staff shall make a decision on the appeal within 15 business days
of receipt of a complete appeal application.
(c)The Applicant may appeal the decision of city staff to the City Manager
This appeal must be filed with the City Manager within 30 days of City staff's
decision.
Section 8. Chapter IV, sub-section 429.07 of the Richfield Code of Ordinances is
hereby repealed in its entirety.
Section 9. Chapter VI, Section 620 of the Richfield Code of Ordinances is
repealed in its entirety and replaced with the following:
620.01. Regulation and maintenance of wells.
Subdivision 1. License and regulation. No person may drill or seal a well or
engage in the business of well drilling or sealing in the City without first obtaining
a well contractor’s license or other applicable license from the Minnesota
Department of Health and complying with the requirements of this section.
620.02. Application of State law.
All well drilling and any use of water, either surface or underground in the
City shall be subject to the regulation of the use of water by the State contained in
Minnesota Statutes, Chapter 103I, Minnesota Administrative Rules Chapter 4725
and other applicable state law. Nothing contained in this section, or this code shall
be interpreted as to limit or abrogate the provisions of Minnesota Statutes, Chapter
103I or other applicable law.
Section 10. This Ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd Day of October,
2024.
Mary B. Supple, Mayor
ATTEST:
Michelle Friedrich, City Clerk