Agenda - Council - 11/14/2006 - Laserfiche WebLink

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INTRODUCE EROSION CONTROL ORDINANCE By: Leonard Linton, Civil Engineer II Background: CASE # I' The City is required to comply with the National Pollutant Discharge Elimination System Phase II (NPDES II) program as administered by the Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency (MPCA). The City filed a 5 year plan in 2003 outlining measures that would be undertaken to improve stormwater quality. The plan was revised and resubmitted in 2006 as required by the MPCA. One of the requirements is adoption of an Erosion Control Ordinance. City Code and the rules of the Lower Rum River Water Management Organization cover most of the requirements contained in this new Ordinance; however, the current code lacks provisions for enforcing the requirements. The Planning Commission held a public hearing on the ordinance at the November 2, 2006 meeting. This was required since the ordinance is part of Chapter 9 of the City Code. The ordinance covers most earth disturbing activities that will take place in the City. There are some exceptions for emergency repairs and small utility excavations. Any project requiring a building permit will be required to comply with the ordinance. The new ordinance has provisions for collecting an erosion control escrow at the time the permit is obtained. The escrow will cover city costs for street cleaning and erosion control if the applicant fails to take corrective measures after being notified of the problem. The escrow will not be required if the project is in a development covered by a current Letter of Credit with the city and the Developer provides written verification that the builder will be covered by the Letter of Credit. The public works committee of the City Council has reviewed the Ordinance and recommended it be presented to the full Council after the public hearing at the Planning Commission. Commission Action: Motion to introduce the Erosion Control Ordinance. Reviewed by: Public Works Director/Principal City Engineer CC: 11/14/06 -235-