4.31 - Stormwater Management§ 4.31
Section 4.31: Stormwater Management
Subdivision 1. Statutory Authorization and Purpose
A. Statutory Authorization. This Section is adopted pursuant to the authorization
and policies contained in Minnesota Statutes Chapters 103B and 462;
Minnesota Rules, Parts 6120.2500-6120.3900, Minnesota Rules Chapters
8410, 8420 and 7050.0210.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
B. Findings. The City of Golden Valley finds that uncontrolled Stormwater runoff
and construction site erosion from land development and land disturbing
activities can have significant adverse impacts upon local and regional water
resources, diminishing the quality of public health, safety, public and private
property and natural resources of the community.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
C. Purpose. The general purpose of this Section is to establish regulatory
requirements for Land Development and Land Disturbing Activities aimed at
minimizing the threats to public health, safety, public and private property
and natural resources within the community resulting from construction Site
Erosion and post -construction Stormwater runoff, and Illicit Connections.
D. This Section is intended to meet the current construction Site Erosion and
sediment control and post -construction Stormwater management regulatory
requirements for construction activity and small construction activity (NPDES
Permit) as defined in 40 CFR pt. 122.26(b)(14)(x) and (b)(15), respectively.
E. This Section is intended to meet the Minimal Impact Design Standards
(MIDS) developed under Minnesota Statutes 2009, Section 115.03,
Subdivision 5c.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
Subdivision 2. Definitions and General Provisions
A. Definitions. The following terms are defined for purposes of this Section as
set forth below. Terms not defined in this Section shall have the meaning
customarily assigned to them as a matter of general usage. For the purposes
of this Section, the words "must" and "shall" are mandatory and not
permissive.
1. Administrator: The individual responsible for overseeing the
requirements of the City Code for purposes of this Section of this Code;
the Administrator shall be the City Engineer or his/her designee.
Golden Valley City Code Page 1 of 27
§ 4.31
2. Alteration: Any change or modification of land, water, vegetation or
existing structures.
3. Applicant: A Permittee, or any person or entity that applies for any
Permit for a project that includes a Land -Disturbing Activity. Applicant
also means that person's agents, employees, and others acting under that
person's direction.
4. Bassett Creek Watershed Management Commission or BCWMC:
The watershed management organization established by a joint powers
agreement between nine (9) member cities including the City of Golden
Valley. The BCWMC is responsible for managing water resources within
the forty (40) square mile Bassett Creek watershed. Most of the City of
Golden Valley is located within the Bassett Creek watershed.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
5. Best Management Practices or BMPs: Erosion and Sediment Control
and water quality management practices that are the most effective and
practicable means of controlling, preventing, and minimizing degradation
of Surface Water, including construction -phasing, minimizing the length of
time Soil areas are exposed, prohibitions, and other management
practices published by state or designated areawide planning agencies.
Examples of BMPs can be found in Protecting Water Quality in Urban
Areas, Minnesota Pollution Control Agency 2000, Minnesota Urban Small
Sites BMP Manual, Metropolitan Council 2001, State of Minnesota
Stormwater Manual, MPCA, Storm Water Management for Construction
Activities: Developing Pollution Prevention Plans and Best Management
Practices, U.S. Environmental Protection Agency 1992, and Erosion and
Sediment Control Handbook, Minnesota Department of Transportation
2013, as these documents may be amended from time to time.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
6. Calculated High Water Level: The peak elevation calculated for a one
hundred (100) -year precipitation or snowmelt runoff event.
7. Development: The construction, installation or Alteration of any
structure; the extraction, filling, clearing or other Alteration of land or
vegetation; the change of cross section of any water body of watercourse;
the subdivision of land pursuant to the City Code.
8. Earth Material: Any rock, natural Soil or fill or combination thereof.
9. Erosion: The wearing away of Soil by rainfall, Surface Water runoff, wind,
or ice movement.
Golden Valley City Code Page 2 of 27
§ 4.31
10. Erosion Control: Methods employed to prevent Erosion. Examples
include Soil stabilization practices, horizontal slope Grading, temporary or
Permanent Cover, and construction phasing.
11. Final Stabilization: The establishment of Permanent Cover on the entire
Site.
12. Floodplain: Those areas within the City which include the beds proper
and the areas adjoining Bassett Creek or its tributaries, which have been,
or hereafter may be, covered by a Regional Flood.
13. Grade: The vertical location of the ground surface.
14. Grading: Any Land Disturbance or landfill, or combination thereof.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
15. Hazardous Materials: Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or
physical, chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human health,
safety, property, or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
16. Illicit Connections: An illicit connection is defined as either of the
following:
a. Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the storm drain system, including
but not limited to any conveyance which allows any non-Stormwater
discharge including sewage, process wastewater, and wash water to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, except discharges from sump
pits, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by an authorized
enforcement agency; or
b. Any drain or conveyance connected from a residential, commercial or
industrial land use to the storm drain system, which has not been
documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
17. Land Disturbance or Land -Disturbing Activities: Any land change
that may result in Soil Erosion from water or wind and the movement of
Sediments into or upon waters or lands. This may include, but is not
limited to, a disturbance that results in a change in topography, or
Golden Valley City Code Page 3 of 27
§ 4.31
disturbance of the existing Soil cover (both vegetative and non -
vegetative). Land -Disturbing Activities include clearing and grubbing,
Grading, excavating, transporting Earth Material and filling of land for all
new construction and redevelopment. Activities that do not meet the
thresholds for projects identified in Subdivision 4(A) are not considered
Land -Disturbing activities.
18. Minnehaha Creek Watershed District or MCWD: The MCWD issues
Permits for Erosion Control and Stormwater management in a small area
of the City south of Interstate 394 and east of Highway 100.
19. National Pollutant Discharge Elimination System or NPDES
Program: The program for issuing, modifying, revoking, reissuing,
terminating, monitoring, and enforcing Permits under the Clean Water
Act, Sections 301,318, 402, and 405 and United States Code of Federal
Regulations Title 33, Sections 1317, 1328, 1342, and 1345.
20. Owner: Includes fee owner, contract purchaser, and lessee for whom
construction is being undertaken.
21. Permanent Cover: Final Stabilization. Examples include grass, native
vegetation, landscape rock, mulch, asphalt, and concrete.
22. Permit: An official document or certificate issued by the City of Golden
Valley authorizing performance of a specified activity.
23. Permittee: An Applicant or any person or entity who signs the application
submitted to the City and is responsible for compliance with its terms and
conditions.
24. Regional Flood: A flood which is representative of large floods known to
have occurred generally in Minnesota, and reasonably characteristic of
what can be expected to occur on an average frequency in the magnitude
of the one hundred (100) -year recurrence interval.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
25. Redevelopment: For the purposes of determining post -construction
Stormwater management requirements, any construction activity where,
prior to the start of construction, the areas to be disturbed have fifteen
percent (15%) or more of existing impervious surface(s).
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
26. Sediment: The product of an Erosion process; solid material both mineral
and organic, that is in suspension, is being transported, or has been
moved by water, air, or ice, and has come to rest on the earth's surface
either above or below water level.
Golden Valley City Code Page 4 of 27
§ 4.31
27. Sediment Control: Methods employed to prevent Sediment from leaving
the Site. Sediment Control practices include silt fences, Sediment traps,
earth dikes, drainage swales, check dams, subsurface drainpipe slope
drains, storm drain inlet protection, and temporary or permanent
sedimentation basins.
28. Site: A parcel or parcels of real property owned by one (1) or more than
one (1) person, which is being or is capable of being developed as a
single project.
29. Soil: The unconsolidated mineral and organic mineral material on the
immediate surface of the earth.
30. Stabilized: The exposed ground surface has been covered by staked sod,
riprap, wood fiber blanket, or other material, which prevents Erosion from
occurring. Ground surface which has been seeded is not stabilized.
31. Stormwater: Precipitation runoff, Stormwater runoff, snowmelt runoff,
and any other surface runoff and drainage. Stormwater does not include
construction Site dewatering and Sump Discharge.
32. Stormwater Management Facilities: Structural and non-structural
components of the Stormwater Management System associated with the
quality and quantity of Stormwater runoff.
33. Stormwater Management Plan. A plan which describes how
Stormwater runoff and associated water quantity and water quality
impacts resulting from the proposed Development project will be
controlled and managed.
34. Stormwater Management System: Public and/or private systems of
collecting, conveying, storing and treating Stormwater runoff.
35. Stormwater Pollution Prevention Plan or SWPPP: A plan for
Stormwater discharge that includes Erosion prevention measures and
Sediment Controls that, when implemented, will decrease Soil Erosion on
a parcel of land and decrease off site nonpoint pollution.
36. Sump Discharge: Water that has been filtered through the ground or
Soil layers resulting in clear water. Sump Discharge is not considered
Stormwater.
37. Surface Waters: All streams, lakes, ponds, marshes, Wetlands,
reservoirs, springs, rivers, drainage systems, waterways, and
watercourses, whether natural or artificial, public or private.
38. Temporary Erosion Protection: Methods employed to prevent Erosion
before Final Stabilization. Examples include; Erosion netting, wood fiber
blanket, wood chips and silt fence.
Golden Valley City Code Page 5 of 27
§ 4.31
39. Wetlands: Wetlands are defined in Minn. R. 7055.0130, Subd. F and
includes those areas that are inundated or saturated by Surface Water or
ground water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated Soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas.
*Renumbering Source (15-39):
Ordinance No. 545, 2nd Series
Effective Date: 3-12-15
B. Responsibility. Neither the issuance of a Stormwater Management Permit nor
compliance with its conditions or the provisions of this Section, shall relieve
any person from any responsibility otherwise imposed by law for damages to
persons or properties, nor shall the issuance of any Permit hereunder serve
to impose any liability on the municipality or its officers or employees for
injury or damage to persons or property. A Permit issued pursuant to this
Section shall not relieve the Permittee of the responsibility of complying with
any other requirements established by law, regulation or ordinance.
C. Abrogation and Greater Restrictions. It is not the intention of this Section to
repeal or abrogate any existing Grading, drainage and Erosion Control or
Stormwater management policies or Permits issued under pre-existing
Section 4.31, which Permits shall continue in full force and effect; however,
where this Section imposes greater restrictions, the provisions of this Section
shall prevail.
D. Compatibility and Compliance with other Regulations. This Section is not
intended to modify or repeal any other ordinance, rule, regulation or other
provision of law. The requirements of this Section are in addition to the
requirements of any other ordinance, rule, regulation or other provision of
law, and where any provision of this Section imposes restrictions different
from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards shall control.
E. Application to all Water Entering System. This Section shall apply to all water
entering the City's Stormwater Management System from any land within the
City.
F. Responsibility for Administration and Waivers. The Administrator shall
administer, implement, and enforce the provisions of this Section. Any
powers granted or duties imposed upon the Administrator by this Section
may be delegated to persons or entities acting in the interest of the City. The
Administrator may waive any submittal or administrative requirement that
will not adversely affect achievement of the purpose, goals and performance
standards of this Section.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
Golden Valley City Code Page 6 of 27
§ 4.31
Subdivision 3. Permit Authority for Land -Disturbing Activities
A. City of Golden Valley. The City of Golden Valley is the permitting authority for
Land -Disturbing Activities listed in Subdivision 4(A) within the boundaries of
the BCWMC and the MCWD. The City may issue a Stormwater Management
Permit approving Land -Disturbing Activities in these areas.
B. Bassett Creek Watershed Management Commission (BCWMC). Although the
BCWMC is not a permitting authority, it has the authority to review and
approve projects that disturb an area of ten thousand (10,000) square feet
or more, or will result in more than two hundred (200) cubic yards of cut or
fill, and projects listed in the BCWMC document "Requirements for
Improvements and Development Proposals." Such projects must comply with
BCWMC guidelines, policies, standards and requirements. The BCWMC will
review the Applicant's submittal only after the project has received
preliminary review by the City indicating general compliance with existing
local watershed management plans.
C. Minnehaha Creek Watershed District (MCWD). The MCWD is the permitting
authority for Land Disturbing Activities in excess of five thousand (5,000)
square feet or fifty (50) cubic yards within the MCWD boundaries. In
addition, projects meeting criteria listed in the MCWD regulatory rules may
also be subject to review and permitting. Where required, the MCWD Permit
is in addition to a Permit required by the City of Golden Valley.
D. Minnesota Pollution Control Agency (MPCA). The MPCA is the permitting
authority for Land -Disturbing Activities requiring an NPDES Permit for
construction activity, including the requirements for developing and
implementing a SWPPP. The NPDES Permit is required for construction
activity that results in land disturbance of equal to or greater than one (1)
acre, or a common plan of development or sale that disturbs greater than
one (1) acre, as defined in the NPDES Permit. Where required, the NPDES
Permit is in addition to Permits required by the City of Golden Valley and the
MCWD.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
Subdivision 4. City of Golden Valley Stormwater Management Permit
A. Activities Requiring a City of Golden Valley Stormwater Management Permit.
1. Land -Disturbing Activities which remove Soils or vegetation, including but
not limited to clearing, digging, dredging, draining or filling. Any of the
following activities shall require a Stormwater Management Permit:
a. Any activities which disturb Soils or vegetation in excess of four
thousand (4,000) square feet.
Golden Valley City Code Page 7 of 27
§ 4.31
b. Any activity that would involve construction, installation, demolition,
modification or expansion of a building foundation wall.
c. Construction or demolition of a swimming pool.
d. Construction or demolition of a retaining wall of sufficient height to
require a building Permit.
e. Any Land -Disturbing Activities within City right-of-way that have a
duration greater than seventy-two (72) hours and are not covered by
a right-of-way excavation, utility, or plumbing Permit.
f. Cutting, filling, disposal, hauling in, or storage of more than thirty (30)
cubic yards of Soil.
g. Construction, reclamation, expansion, removal or modification of a
parking lot.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
h. Construction, expansion or modification of a Stormwater Management
Facility or Stormwater BMPs.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
i. Any Land -Disturbing Activities within the one hundred (100) -year
Floodplain or Calculated High Water Level of any water body, or
immediately adjacent to any Wetland or public water body, including
shoreline restoration and creek bank stabilization.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
j. Those activities required to meet the standards of the BCWMC as set
forth in the current version of BCWMC's "Requirements for
Improvements and Development Proposals," as amended from time to
time.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
2. The following activities may be undertaken without a Stormwater
Management Permit:
a. Maintenance of existing yards.
b. Emergency work to preserve life or property.
B. Application Submittal Requirements. Each City of Golden Valley Stormwater
Management Permit application shall include two (2) sets of plans and
supporting documentation and one (1) electronic copy of the plans and
Golden Valley City Code Page 8 of 27
§ 4.31
supporting documentation. The following items shall be required with each
application, except to the extent waived by the Administrator:
1. Completed application forms and fees required by the City and BCWMC, if
applicable.
2. Provision made for financial securities as required in Subdivision 4(F).
3. Copies of Permits or Permit applications required by other jurisdictions.
4. Existing Site conditions on a certified survey, prepared to City standards
and including existing topography, easements, vegetation and drainage.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
5. Stormwater Management Plan and Narrative. Plans must be prepared to
City standards and the standards or BCWMC, MCWD, and MPCA, if
applicable. For construction sites equal to or greater than one (1) acre,
plans must be submitted that:
a. Meet the requirements of Part III and Part IV of the NPDES
Construction Stormwater Permit.
b. Meet the post -construction Stormwater management requirements
listed in Subdivision 5 of this Section.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
C. Application Review Process and Permit Approval.
1. Pre -Review. The Administrator shall make a determination regarding the
completeness of a Permit application within fifteen (15) business days of
the receipt of the application and notify the Applicant if the application is
not complete. Incomplete applications may result in automatic denial of
the Permit.
2. Permit Review and Decision. Both the City and the appropriate watershed
management organizations review Permit applications. The Administrator
shall notify the Applicant of Permit approval or denial within sixty (60)
days of receipt of a complete application.
3. Permit Approval. Upon approval of the application, the Administrator shall
issue a Permit.
4. Permit Denial. If the Administrator determines that the application does
not meet the requirements of this Section, the application will be denied.
All land use and building Permits shall be suspended until the Applicant
has an approved Permit.
Golden Valley City Code Page 9 of 27
§ 4.31
5. Plan Modifications. The Applicant must amend any submitted plans as
necessary to include additional requirements, such as additional or
modified BMPs designed to correct problems identified, or to address
situations whenever:
a. There is a change in design, construction, operation, maintenance,
weather, or seasonal conditions that has a significant effect on the
discharge of pollutants to surface or ground waters.
b. Inspections or investigations by Site operators, local, state or federal
officials indicate the plans are not effective in preventing or
significantly minimizing the discharge of pollutants to surface or
ground waters or that the discharges are not meeting water quality
standards; or
c. The plan is not achieving the general objectives of minimizing
pollutants in Stormwater discharges associated with construction
activity.
6. Permit Duration. Permits issued under this Section shall be valid for the
period during which the proposed Land -Disturbing or filling Activities and
Soil storage takes place or is scheduled to take place. The Permittee shall
commence permitted activities within sixty (60) days of the issuance of
the Permit for Grading or the Permittee shall resubmit all required
application forms, maps, plans, schedules and security to the
Administrator, except where an item to be resubmitted is waived by the
Administrator. The Permit will expire or terminate when:
a. The Site has been Stabilized and approved by the Administrator; or
b. There has been one hundred eighty (180) days of inactivity.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
D. Performance Standards for Construction Site Stormwater Runoff Control.
1. All Grading material and Soil however placed on a Grading Site shall
remain within the limits of the Grading Site and not travel onto adjacent
property, streets, or other public or private property as dust, mud,
chunks, or otherwise, unless approved by all affected adjacent property
owners and the Administrator.
2. All proposed Stormwater BMPs must be maintained in accordance with the
plans, details and specifications approved by the City.
3. Projects within the BCWMC boundaries that disturb an area of ten
thousand (10,000) square feet or more or will result in more than two
hundred (200) cubic yards of cut or fill shall meet the current
Golden Valley City Code Page 10 of 27
§ 4.31
requirements for Construction Erosion and Sediment Control Plans
specified by the BCWMC. Projects required to meet water quality
standards of the BCWMC shall meet the current design and maintenance
requirements for the proposed BMPs as specified by the BCWMC.
4. Projects within the MCWD boundaries that disturb an area of five
thousand (5,000) square feet or more or will result in more than fifty (50)
cubic yards shall meet the erosion and sediment control requirements
specified in the current regulatory rules.
5. Projects with Land Disturbing and on-site activities equal to or greater
than one (1) acre shall meet the requirements of Part III and Part IV of
the NPDES Construction Stormwater Permit for erosion and sediment
controls and waste controls.
E. Applicant Responsibilities.
1. Inspections. The Applicant is responsible for regular inspections and
record keeping needed to document compliance with the Permit
requirements. At a minimum, the Applicant must inspect the construction
project once a week and within twenty-four (24) hours of a rainfall event
of one-half (1/2) inch or greater in a twenty-four (24) hour period. The
City may conduct inspections as needed to ensure that both Erosion and
Sediment Control measures and Stormwater BMPs are properly installed
and maintained prior to construction, during construction, and at the
completion of the project. The Applicant shall notify the City a minimum
of seventy-two (72) hours prior to the following required City inspections:
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
a. Initial Inspection - when all Erosion and Sediment Control BMPs are
installed. This inspection must be completed before a building Permit
can be issued.
b. Project Complete Inspection - when the project is complete including,
but not limited to, final Grading, installation of all Stormwater
Management Facilities, and Final Stabilization measures are complete.
One (1) -year warranty begins after inspector approves project.
c. Warranty Inspection - completed one (1) year later to confirm that
permanent Site stabilization methods have been successful and
vegetation, has been established.
2. Reporting. The Applicant shall submit reports to the Administrator under
the following circumstances and shall submit recommendations for
corrective measures, if appropriate, with such reports:
Golden Valley City Code Page 11 of 27
§ 4.31
a. There are delays of more than seven (7) days in obtaining materials,
machinery, services or manpower necessary to the implementation of
the Stormwater Management Plan as scheduled.
b. There are delays of seven (7) days in land disturbing or filling activities
or Soil storage.
c. The work is not being done in conformance with the approved plans
and Permit. Any changes to the approved plan must be submitted to
the Administrator for review and approval before work can commence.
3. Right of Entry. The issuance of a Permit constitutes a right -of -entry for
the City or its contractor to enter the construction Site. The Applicant
shall allow the City and its authorized representatives, to:
a. Enter the permitted Site for the purpose of obtaining information,
examining records, conducting investigations or surveys;
b. Bring such equipment on the Site as is necessary to conduct such
surveys and investigations;
c. Examine and copy any books, papers, or digital files pertaining to
activities or records required to be kept under the terms and
conditions of the permitted Site;
d. Inspect the Stormwater pollution control measures;
e. Sample and monitor any items or activities pertaining to Stormwater
pollution control measures;
f. Correct deficiencies in Stormwater and Erosion and Sediment Control
measures consistent with Subdivision 4(G)(5-6) of this Section.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
F. Financial Security.
1. Amount and Type. The Applicant shall provide security for the
performance of work to provide all temporary and permanent erosion and
sediment control measures described and delineated in the approved
Permit in an amount not less than one hundred and twenty five percent
(125%) of the approved estimated cost of performing the described work.
The type of the security shall be one (1) or a combination of the following
to be determined by the Administrator:
a. Bond or bonds issued by one (1) or more corporate sureties duly
authorized to do business in the State of Minnesota. The form of the
bond or bonds shall be subject to the approval of the City Attorney;
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§ 4.31
b. Deposit, either with the Administrator or a responsible escrow agent or
trust company at the option of the Administrator, of money, negotiable
bonds of the kind approved for securing deposits of public monies, or
other instrument of credit from one (1) or more financial institutions
subject to regulation by the State or Federal government wherein said
financial institution pledges funds are on deposit and guaranteed for
payment;
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
c. Irrevocable Letter of Credit in a form acceptable to the City Attorney;
or
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
d. Cash in U.S. currency.
2. Release. Security deposited with the City for faithful performance of the
approved plans and to finance necessary remedial work shall be released
one (1) year after final inspection has been approved by the
Administrator, provided no action against such security has been filed
prior to that date. The City reserves the right to retain all or a percentage
of the security for a warranty period at the discretion of the
Administrator.
3. Reduction of Security. The Applicant may have the option to reduce the
security one (1) time within the first twelve (12) months of the issuance
of the Permit, and thereafter, one (1) time within any twelve (12) month
period, which period shall commence on the anniversary date of the
issuance of the Permit and shall end on the day preceding the anniversary
date of the issuance of the Permit.
G. Enforcement Actions to Ensure Compliance.
1. Orders. The Administrator may issue an order to modify the approved
Permit and stipulate a time frame for compliance per Subdivision 4(C)(5)
The Applicant shall comply with said order.
2. Permit Suspension. The Administrator shall suspend the Permit and issue
a stop work order if the Administrator determines that the Permit was
issued in error, the Applicant supplied incorrect information, or the
Applicant is in violation of any provision of the approved plans, the
Permit, or this Section. The Administrator shall reinstate a suspended
Permit upon the Applicant's correction of the cause of the suspension.
3. Construction Stop Work Order. The City Building Official may issue a stop
work order for a related building Permit if requested by the Administrator.
Golden Valley City Code Page 13 of 27
§ 4.31
4. Permit Revocation. If the Applicant fails or refuses to cease work as
required, the Administrator shall revoke the Permit and the Applicant shall
be subject to enforcement, penalties, and loss of its financial security in
accordance with terms of Subdivision 4(G)(6) of this Section. The
Administrator shall not reinstate a revoked Permit.
5. Remedial Corrective Action. The City or a private contractor under
contract with the City may conduct remedial or corrective action on the
project Site or adjacent Sites affected by project failure or to implement
actions specified in an order to modify plans and Permit. The City may
charge Applicant for all costs associated with correcting failures or
remediating damage from the failures according to the order including but
not limited to, materials, equipment, staff time and attorney's fees. If
payment is not made within thirty (30) days, payment will be made from
the Applicant's financial security or, in the case where no Permit was
issued, payment will be assessed against the property.
6. Action Against Financial Security. In any of the following circumstances,
the City shall use funds from the financial security to finance remedial
work undertaken later by the City or a private contractor under contract
to the City, and to reimburse the City for all direct costs including, but not
limited to, staff time and attorney's fees:
a. The Applicant ceases Land -Disturbing Activities and/or filling activities
prior to completion of the Stormwater Management Plan;
b. The Applicant fails to conform to the Stormwater Management Plan as
approved or as modified under this Code, and has had his/her Permit
revoked under this Code;
c. The techniques utilized under the Stormwater Management Plan fail
within one (1) year of installation, or before Final Stabilization is
implemented for the Site or portions of the Site, whichever is later;
d. The Administrator determines that action by the City is necessary to
prevent excessive Erosion from occurring on the Site; or
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
e. The Applicant fails to establish Wetland, Stream, or Shoreline buffers
as described in the Stormwater Permit.
7. Misdemeanor Violation
failure to comply with
misdemeanor.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
. Any violation of the provisions of this Section or
any of its requirements shall constitute a
Golden Valley City Code Page 14 of 27
§ 4.31
8. Cumulative Enforcement. The procedures for enforcement of a Permit, as
set forth in this Section, are cumulative and not exclusive.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
Subdivision 5. Post -Construction Stormwater Management
A. The following projects must include a site plan with post -construction
Stormwater management BMPs that meet the requirements of this Section
and are designed, constructed, and maintained in accordance with the
NPDES Construction Stormwater Permit:
1. New development and redevelopment projects with land disturbance of
greater than or equal to one (1) acre, including projects less than one (1)
acre that are part of a larger common plan of development or sale.
2. Non-residential development and redevelopment projects greater than
one half (1/2) acre and less than one (1) acre that, at the time of
permitting, discharge Stormwater through their private systems directly
to a surface water without being routed through a Stormwater
Management Facility or BMP.
B. Rate Control. Post -construction Stormwater runoff rates must not exceed
pre -project rates for the two (2), ten (10), and one hundred (100) year
twenty four (24) hour precipitation events.
C. Stormwater volume control techniques and practices including, but not
limited to, infiltration, evapotranspiration, reuse/harvesting, conservation
design, urban forestry, and green roofs, shall be given preference as design
options provided they are consistent with City zoning, subdivision, and
Planned Unit Development requirements, and sanitary sewer inflow and
infiltration reduction requirements.
D. The Minimal Impact Design Standards (MIDS) and performance goals
developed under and pursuant to Minnesota Statutes 2009, Section 115.03,
Subdivision 5c, along with the MIDS calculator and design sequence
flowchart, and design criteria in the Minnesota Stormwater Manual, is the
recommended method for achieving the post -construction Stormwater
management requirements described in this Section.
E. For new development projects there shall be no net increase from pre -project
conditions (on an annual average basis) of:
1. Stormwater discharge Volume, unless precluded by the Stormwater
management limitations in 5(G) below.
2. Stormwater discharges of Total Suspended Solids (TSS)
Golden Valley City Code Page 15 of 27
§ 4.31
3. Stormwater discharges of Total Phosphorus (TP)
F. For redevelopment projects there shall be a net reduction from pre -project
conditions (on an annual average basis) of:
1. Stormwater discharge Volume, unless precluded by the Stormwater
management limitations in 5(G) below.
2. Stormwater discharges of TSS
3. Stormwater discharges of TP
G. Stormwater management limitations and exceptions
1. Limitations
a. Infiltration prohibited. The use of infiltration techniques are prohibited
when the infiltration structural Stormwater BMP will receive discharges
from, or be constructed in, the following areas:
1. Where industrial facilities are not authorized to infiltrate industrial
Stormwater under an NPDES/SDS Industrial Stormwater Permit.
2. Where vehicle fueling and maintenance occur.
3. Where less than three (3) feet of separation from the bottom of the
infiltration system to the elevation of the seasonally saturated soils
or the top of bedrock exists.
4. Where high levels of contaminants in soil or groundwater will be
mobilized by infiltrating Stormwater.
5. Within twenty five (25) feet of a sanitary sewer pipe due to the
possibility of inflow and infiltration of clear water into the sanitary
sewer system.
b. Infiltration restricted. The use of infiltration techniques will be
restricted when the infiltration device will be constructed in areas:
1. With predominately Hydrologic Soil Group D (clay) soils
2. Within one thousand (1,000) feet up -gradient, or one hundred
(100) feet down -gradient of active karst features
3. Within a Drinking Water Supply Management Area (DWSMA) as
defined in Minn. R. 4720.5100, subd. 13
4. Where soil infiltration rates are more than 8.3 inches per hour
Golden Valley City Code Page 16 of 27
§ 4.31
c. Linear Projects
1. Linear projects on sites where infiltration is not prohibited or
restricted that create one (1) acre or greater of new impervious
surfaces, shall meet the requirements of Subdivision 5(E) for the
increase in impervious surface.
2. Linear projects on sites where infiltration is prohibited or restricted
that create one (1) acre or greater of fully reconstructed surface,
shall meet the requirements of Subdivision 5(F) above for the
impervious surface.
3. Mill and overlay and other resurfacing activities are not considered
fully reconstructed.
4. A reasonable attempt must be made to obtain right-of-way,
property, or easements during the project planning process for
volume control practices. For linear projects where the lack of
right-of-way or property precludes the installation of volume
control practices to meet 1 or 2 above, exceptions as described in
5(G)(2) below can be applied.
2. Exceptions. A lesser volume control standard on the site of the original
construction activity may be applied, at the discretion of the City, under
the following circumstances:
a. The permittee or owner of the construction site is precluded from
infiltrating Stormwater due to limitations under Subdivision 5(G)(1)(a),
(b), or (c) above, and
b. The permittee or owner of the construction site implements volume
reduction techniques, other than infiltration, on the site of the original
construction activity that reduce Stormwater discharge volume but
may not meet the requirements of post -construction Stormwater
management.
H. Mitigation. There may be circumstances where the permittee or owner of a
construction site cannot cost effectively meet the conditions for post -
construction Stormwater management for TSS and/or TP on the site of the
original construction activity. For this purpose, the City or permittee/owner
shall identify locations where mitigation projects can be completed. Any
Stormwater discharges of TSS and/or TP not addressed on the site of the
original construction activity must be addressed through mitigation and, at a
minimum, shall ensure the following requirements are met:
1. Mitigation project areas are selected in the following order of preference,
with consultation and approval of the City:
Golden Valley City Code Page 17 of 27
§ 4.31
a. Locations that yield benefits to the same receiving water that receives
runoff from the original construction activity
b. Locations within the same Department of Natural Resource (DNR)
catchment area as the original construction activity
c. Locations in the next adjacent DNR catchment area up -stream
d. Locations anywhere within the City
2. Mitigation projects must involve the creation of new structural Stormwater
BMPs or the retrofit of existing structural Stormwater BMPs, or the use of
a properly designed regional structural Stormwater BMP.
3. Routine maintenance of structural Stormwater BMPs already required by
this Section cannot be used to meet the mitigation requirements.
4. Mitigation projects shall be completed within twenty-four (24) months
after the start of the original construction activity.
5. The City shall determine, and document, who is responsible for long-term
maintenance on all mitigation projects.
6. If the City receives payment from the owner and/or permittee for
mitigation purposes in lieu of the owner or permittee meeting the
conditions for post -construction Stormwater management, the City shall
apply any such payment received to a public Stormwater project, and all
projects must be in compliance with this Section.
Subdivision 6. General Performance Standards
A. Freeboard. The elevation separation of buildings with respect to lakes,
streams, ponds, basins, Wetlands, and Stormwater Management Facilities
shall conform to the following:
1. All new and existing structures and uses located in the Floodplain are
subject to Section 11.60 of the City Code.
2. For structures and uses located outside the Floodplain, the following shall
apply:
a. The lowest floor elevation of all new principal and accessory
structures, and additions to existing structures, shall be at least two
(2) feet above the Calculated High Water Level of adjacent Wetlands,
basins, ponds, and Stormwater Management Facilities, or be
structurally flood proofed in accordance with Section 11.60 of the City
Code. Calculated High Water Levels shall be determined by the City
based on the relevant federal, state, BCWMC, and City studies.
Golden Valley City Code Page 18 of 27
§ 4.31
B. Setbacks. New principal structures shall be setback twenty-five (25) feet
from the following features:
1. A delineated Wetland edge.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
2. The top of bank of a pond, filtration basin, infiltration basin, as
determined by the Administrator unless such a feature is incorporated
into the architectural design of the building and the construction plans are
prepared and signed by a licensed structural engineer.
C. Buffers.
1. Native or Natural Vegetation Buffers must be established or preserved in
accordance with this Section and the requirements of the BCWMC.
2. The buffers zone widths are as follows:
a. Streams. Ten (10) feet or twenty five percent (25%) of the distance
between the ordinary high water level and the nearest existing
structure, whichever is less.
b. Wetlands. Based on a Minnesota Routine Assessment Methodology
(MnRAM) classification or similar classification system, buffer widths
will be as follows (measured from the delineated wetland edge):
i. Preserve - Seventy five (75) feet average and minimum of fifty
(50) feet
ii. Manage 1 - Fifty (50) feet average and minimum of thirty (30)
feet
iii. Manage 2 or 3 - Twenty five (25) feet average and a minimum of
fifteen 15 feet
c. Lakes. Minimum of ten (10) feet in width measured from the OHWL.
d. Stormwater Management Facilities. Buffers shall extend from the
normal water level, or bottom of a dry basin, up to the top of bank of
the Stormwater Management Facility, as determined by the
Administrator, and shall be a minimum of ten (10) feet in width.
3. The following standards shall guide the creation or restoration of buffers
to achieve the goals and policies of the City's Surface Water Management
Plan. The Administrator may modify or waive standards depending on
each project Site and goals for the water body.
Golden Valley City Code Page 19 of 27
§ 4.31
a. The use of a meandering buffer strip to maintain a natural appearance
is encouraged in areas of flat topography.
b. An access corridor, not to exceed twenty (20) feet in width or twenty
percent (20%) of the buffer edge, whichever is less, is permitted.
c. Accessory structures intended to provide access to Wetlands such as
stairways and docks are permitted in the access corridor.
d. The City may require that the buffer may be placed in a conservation
easement.
e. Monuments identifying the conservation easement, designed in
accordance with City standards, should be placed every one hundred
(100) feet to delineate the buffer edge and at intersections with
property lines.
f. Buffer strip vegetation should be appropriate to the goals for the water
body. Where acceptable natural vegetation exists in buffer strip areas,
the retention of such vegetation in an undisturbed state is preferred.
D. Maintenance of Private Stormwater Management Facilities.
1. No private Stormwater Management Facilities may be approved unless a
maintenance plan is provided and is consistent with City and/or BCWMC
and MCWD standards. All such facilities shall be inspected annually or
more often, with reports submitted to the City, and maintained in proper
condition consistent with the performance standards for which they were
originally designed.
2. Owners of private Stormwater Management Facilities shall enter into an
agreement with the City describing responsibility for the long-term
inspection, operation and maintenance of the facilities.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
Subdivision 7. Stormwater and Urban Runoff Pollution Control
A. Illegal Disposal.
1. Discarded Materials. No person shall throw, deposit, place, leave,
maintain, or keep or permit to be thrown, placed, left, maintained or kept,
any refuse, rubbish, garbage, or any other discarded or abandoned
objects, articles, or accumulations, in or upon any street, alley, sidewalk,
storm drain, inlet, catch basin conduit or drainage structure, business
place, or upon any public or private plot of land in the City, so that the
same might be or become a pollutant, except in containers, recycling
bags, or other lawfully established waste disposal facility.
Golden Valley City Code Page 20 of 27
§ 4.31
2. Landscape Debris. No person shall dispose of leaves, dirt, or other
landscape debris into a street, road, alley, catch basin, culvert, curb,
gutter, inlet, ditch, natural watercourse, flood control channel, canal,
storm drain or any fabricated natural conveyance.
B. Illegal Discharges and Illicit Connections.
No person shall cause any illegal discharge to enter the municipal
Stormwater system unless such discharge consists of non-Stormwater
that is authorized by an NPDES point source Permit obtained from the
MPCA or is associated with firefighting activities.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
2. The commencement, conduct or continuance of any illegal discharge to
the storm drain system is prohibited except as described as follows:
a. The following discharges are exempt from discharge prohibitions
established by this Section: water line flushing, landscape irrigation,
diverted stream flows, rising ground water infiltration, uncontaminated
pumped ground water, sump pump discharge, discharges from potable
water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing
drains, lawn watering, individual residential car washing, flows from
riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water.
b. Discharges or flow from firefighting.
c. Discharges associated with dye testing; however, this activity requires
a verbal notification to the City's Public Works Division prior to the
time of the test.
3. The prohibition shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
United States Environmental Protection Agency (EPA), provided that the
discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided
that written approval has been granted for any discharge to the storm
drain system.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
4. No person shall use an Illicit Connection to intentionally convey non-
Stormwater to the City Stormwater system.
Golden Valley City Code Page 21 of 27
§ 4.31
C. Good Housekeeping Provisions. Any Owner or occupant of property within the
City shall comply with the following good housekeeping requirements:
1. Chemical or Septic Waste. No person shall leave, deposit, discharge,
dump, or otherwise expose any chemical or septic waste in an area where
discharge to streets or storm drain systems may occur. This Section shall
apply to both actual and potential discharges. For swimming pools, the
chlorination system should be suspended for seven (7) days to allow for
chlorine to evaporate before discharge to the Owner's property or into the
storm sewer system.
2. Runoff Minimized. Runoff of water from residential property shall be
minimized to the maximum extent practicable. Runoff of water from the
washing down of paved areas in commercial or industrial property is
prohibited unless necessary for health or safety purposes and not in
violation of any other provision of the City's Code.
3. Storage of Materials, Machinery, and Equipment. Materials or equipment
shall be stored to limit risk of contamination by runoff.
a. Objects, such as motor vehicle parts, containing grease, oil or other
hazardous substances, and unsealed receptacles containing hazardous
materials, shall not be stored in areas susceptible to runoff.
b. Any machinery or equipment which is to be repaired or maintained in
areas susceptible to runoff shall be placed in a confined area to contain
leaks, spills, or discharges
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
4. Watercourse Protection. Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain that
part of the watercourse within the property free of trash, debris, and
other obstacles that would pollute, contaminate, or significantly retard the
flow of water through the watercourse. In addition, the owner or lessee
shall maintain existing privately owned structures within or adjacent to a
watercourse, so that such structures will not become a hazard to use,
function, or physical integrity of the watercourse.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
D. Removal of Debris and Residue.
1. All motor vehicle parking lots located in areas susceptible to runoff shall
be kept clean of debris and residues. Such debris and residue shall be
collected and disposed of in accordance with law.
Golden Valley City Code Page 22 of 27
§ 4.31
2. Fuel and chemical residue or other types of potentially harmful material,
such as animal waste, garbage or batteries, which are located in an area
susceptible to runoff, shall be removed as soon as possible and disposed
of properly. Household hazardous waste may be disposed of through the
County collection program or at any other appropriate disposal Site and
shall not be placed in a trash container.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
E. Notification of Spills or Leaks.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known or
suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into Stormwater, the Stormwater
management system, or surface waters, said person shall take all
necessary steps to ensure the discovery, containment, and cleanup of
such release. In the event of such a release of hazardous materials said
person shall immediately notify emergency response agencies of the
occurrence via emergency dispatch services. This shall include immediate
notification of the Minnesota Department of Safety Duty Officer, if the
source of the illegal discharge is a spill of leak as defined in Minn. Stat.
115.061. If the discharge of prohibited materials emanates from a
commercial or industrial establishment, the owner or operator of such
establishment shall also retain an on-site written record of the discharge
and the actions taken to prevent its recurrence. Such records shall be
retained for at least two (2) years.
F. Compliance Monitoring.
1. Right of Entry. City inspectors and regulators shall be permitted to enter
and inspect facilities subject to regulation under this Section of the City
Code as often as may be necessary to determine compliance with this
Section.
1. If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the
discharger shall make the necessary arrangements to allow access to
representatives of the City.
2. Facility operators shall allow approved City Employees ready access to
all parts of the premises for the purposes of inspection, sampling,
examination and copying of records that must be kept under the
conditions of an NPDES permit to discharge Stormwater.
3. The City shall have the right to set up on any facility such devices as
are necessary to conduct monitoring and/or sampling of the facility's
Stormwater discharge to ensure compliance with this Section.
Golden Valley City Code Page 23 of 27
§ 4.31
4. The City has the right to require the discharger to install monitoring
equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper
operating condition by the discharger at its own expense. All devices
used to measure Stormwater flow and quality shall be calibrated to
ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the City and shall not
be replaced. The costs of clearing such access shall be borne by the
operator.
6. Unreasonable delays in allowing City access to a facility is a violation
of this Section. A person who is the operator of a facility commits an
offense if the person denies the City reasonable access to the facility
for the purpose of conducting any activity authorized or required by
this Chapter.
2. Search Warrants. If the City has been refused access to any part of the
premises from which Stormwater is discharged, and is able to
demonstrate probable cause to believe that there may be a violation of
this Section, or that there is a need to inspect and/or sample as part of a
routine inspection and sampling program designed to verify compliance
with this Section or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the City may
seek issuance of a search warrant from any court of competent
jurisdiction.
G. Violations, Enforcement, and Penalties.
1. Violations. It shall be unlawful for any person to violate any provision or
fail to comply with any of the requirements of this Section. Any person
who has violated or continues to violate the provisions of this Section,
may be subject to the enforcement actions outlined in this Section or may
be restrained by injunction or otherwise abated in a manner provided by
law. In the event the violation constitutes an immediate danger to public
health or public safety, the City is authorized to enter upon the subject
private property, without giving prior notice, to take any and all measures
necessary to abate the violation and/or restore the property. The City is
authorized to seek costs of the abatement as outlined in Chapter 10 of the
City Code.
2. Warning Notice. When the City finds that any person has violated, or
continues to violate, any provision of this Section, or any order issued
hereunder, the City may serve upon that person a written Warning Notice,
specifying the particular violation believed to have occurred and
requesting the discharger to immediately investigate the matter and to
Golden Valley City Code Page 24 of 27
§ 4.31
seek a resolution whereby any offending discharge will cease.
Investigation and/or resolution of the matter in response to the Warning
Notice in no way relieves the alleged violator of liability for any violations
occurring before or after receipt of the Warning Notice. Nothing in this
subsection shall limit the authority of City to take any action, including
emergency action or any other enforcement action, without first issuing a
Warning Notice.
3. Notice of Violation. Whenever the City finds that a person has violated a
prohibition or failed to meet a requirement of this Section, the City may
order compliance by written notice of violation to the responsible person.
a. The Notice of Violation shall contain:
1. The name and address of the alleged violator;
2. The address when available or a description of the building,
structure or land upon which the violation is occurring, or has
occurred;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to restore
compliance with this Section and a time schedule for the
completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is
directed;
6. A statement that the determination of violation may be appealed to
the City by filing a written notice of appeal within five (5) days of
service of notice of violation; and
7. A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be
done by a designated governmental agency or a contractor and the
expense thereof shall be charged to the violator.
b. Such notice may require without limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and
desist;
Golden Valley City Code Page 25 of 27
§ 4.31
4. The abatement or remediation of storm water pollution or
contamination hazards and the restoration of any affected property
5. Payment of a fine to cover administrative and remediation costs;
and
6. The implementation of source control or treatment BMPs.
4. Civil Penalties. In the event of alleged violator fails to take the remedial
measures set forth in the notice of violation or otherwise fails to cure the
violations described therein within five (5) days, or such greater period as
the City shall deem appropriate, the City may impose a penalty not to
exceed one thousand dollars ($1000.00) (depending on the severity of
the violation) for each day the violation remains unremedied after receipt
of the notice of violation.
H. Appeal of Notice of Violation. If the violation has not been corrected pursuant
to the requirements set forth in the Notice of Violation, or, in the event of an
appeal, within five (5) days of the decision of the municipal authority
upholding the decision of the City then representatives of the City shall enter
upon the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property. It
shall be unlawful for any person, owner, agent or person in possession of any
premises to refuse to allow the government agency or designated contractor
to enter upon the premises for the purposes set forth above.
Cost of Abatement of the Violation. Within five (5) days after abatement of
the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. The property owner may file a
written protest objecting to the amount of the assessment within five (5)
days. If the amount due is not paid within a timely manner as determined by
the decision of the municipal authority or by the expiration of the time in
which to file an appeal, the charges shall become a special assessment
against the property and shall constitute a lien on the property for the
amount of the assessment.
J. Violations Deemed a Public Nuisance. In addition to the enforcement
processes and penalties provided in this Section, any condition caused or
permitted to exist in violation of any of the provisions of this ordinance is a
threat to public health, safety, and welfare, and is declared and deemed a
nuisance, and may be summarily abated or restored at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be taken.
Source: Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
Golden Valley City Code Page 26 of 27
§ 4.31
Subdivision S. Responsibility for Stormwater Drainage on Private
Property
A. Responsibility. Property Owners are responsible for Stormwater drainage on
private property. The City assumes responsibility for drainage when
Stormwater runoff enters the City's right-of-way or storm sewer system.
B. Technical Assistance. Upon written request, the City may provide technical
assistance to investigate or correct a drainage problem on private property.
C. Petition. Property owners may petition the City for public improvements to
correct a drainage problem on private property.
D. Costs. Property owners are responsible for paying all costs associated with
correcting drainage problems on private property including City staff time,
consultant costs, legal fees, and design and construction costs.
E. Assessment. Project costs will be assessed to each property contributing flow
to the problem area in accordance with Minn. Statute 429 and pursuant to
the City's Assessment policy.
Source: Ordinance No. 428, 2"d Series
Effective Date: 1-15-10
*Renumbering Source: (15-39)
Ordinance No. 545, 2"d Series
Effective Date: 3-26-15
Golden Valley City Code Page 27 of 27