Agenda - Council - 12/12/2006 - Laserfiche WebLink

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Case #1: Review Stormwater Pollution Control Ordinance 0 Civil Engineer II Linton explained the City of Ramsey is required to obtain a permit under the National Pollutant Discharge Elimination System Phase II program (NPDES II). Staff has applied for the permit and submitted the Storm Water Pollution Prevention Plan (SWPPP) for public notice. One of.the mandatory elements for every participant in the NPDES II program is development of an ordinance to control storm water runoff during construction. Mr. Linton indicated the proposed ordinance had a public hearing at the Planning Commission as required by City Code. The ordinance was reviewed and revised by staff after the public hearing and will be submitted to the Planning Commission for a06ubStaff wo uld ld 1 ke to present thg in November. eordinanceto ce must be adopted by the City before the end of 20 Council prior to the request for adoption. Mr. Linton explained the ordinance defines the need for erosion control measures on construction projects, including new residential construction. Current City Code addresses erosion control on subdivisions and commercial/industrial developments through the plat and site plan review process. Developers are required to post a Stage I Surety with the City for, subdivisions and site plans. The City can draw on this surety to correct erosion problems if the Developer fails to respond in a timely manner under the current ordinance. This power did not extend to the individual builders and getting the streets cleaned was sometimes problematic. Civil Engineer II Linton explained this new ordinance addresses the individual builders. They will need to provide a letter stating the developer will cover their erosion control measures under his Surety or else the builder will be required to post an escrow for erosion control with the City • when the building permit is picked up. The escrow will be returned at the end of the project if cleanup of the streets is not required. Construction on lots not covered by a current Surety will also be required to post an escrow. The amount of the escrow will be included in the Annual Rates and Charges adopted by the City Council so the ordinance will not need to be revised to change the rate. Mr. Linton advised staff recommends forwarding the Storm Water Pollution Control Ordinance to the City Council for adoption Chairperson Elvig clarified with Civil Engineer II Linton that this escrow is only required while the building is occurring. Chairperson Elvig questioned why this ordinance would be more impacting in the rural area versus urban areas. Civil Engineer II Linton explained a lot of record in the rural area will not have a Stage I Surety, which provides the City with a letter of credit that is released as the project goes forward. Chairperson Elvig asked whether this escrow would be in addition to the Stage I Surety currently in place by developers. Civil Engineer II Linton explained the Stage I Surety is all that is required. However, if the developer were to sell sites to builder a letter would need to be signed stating that builder is authorized to use the developer's Surety to cover their erosion control requirements. Public Works Committee/ October 17, 2006 —170— Page 2 of 11