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Home My WebLink About2040 Chapter 07 - Surface Water_Appendix Local Surface Water Management Plan City of Prior Lake WSB Project No. 010393-000 APPENDIX A APPENDIX A Figures Surface Water Page 210 §¨¦94 §¨¦694 §¨¦494 §¨¦394 §¨¦35 §¨¦35 §¨¦494 §¨¦35 §¨¦94 §¨¦35 St. Paul Hugo Eagan Minneapolis Afton Blaine Grant Orono Corcoran Plymouth Lakeville Medina Woodbury Bloomington Rosemount Lino Lakes Eden Prairie Shakopee Maple Grove Burnsville Minnetrista Cottage Grove Edina Minnetonka Independence Lake Elmo Dayton Savage Greenfield Brooklyn Park Chanhassen Chaska Maplewood Coon Rapids Inver Grove Heights Prior Lake Fridley Roseville Apple Valley St. Michael Oakdale Hastings Shoreview Shorewood Victoria Champlin Arden Hills Stillwater Richfield Crystal St. Louis Park Golden Valley North Oaks Farmington Mendota Heights Hanover Carver White Bear Lake Brooklyn Center New Brighton Mahtomedi Vadnais Heights Mound New Hope Hopkins Rogers Newport South St. Paul Jordan West St. Paul Wayzata Little Canada Lakeland Mounds View Anoka Dellwood Robbinsdale St. Paul Park Centerville Bayport Oak Park Heights Coates Falcon Heights May Empire Dahlgren Denmark Marshan Vermillion Laketown Sand Creek Spring Lake Hassan Nininger Stillwater Credit River Ravenna Louisville San Francisco Rockford Baytown Jackson West Lakeland White Bear Saint Lawrence Chaska Document Path: K:\010393-000\GIS\Maps\Figure 1_LocationMap.mxd Date Saved: 5/11/2018 7:49:24 AM Legend City Boundary Waterbodies Parks 0 4Miles 1 inch = 4 milesDate: 5/11/2018 Ü Prior LakeSurface Water Management Plan Figure 1: Location Surface Water Page 211 ?±A@ ?±A@ ?±A@ GuWX GuWX GÜWX GqWX GqWX GÝWX G±WX G±WX G±WX GkWX GÛWX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure2_Topography.mxd Date Saved: 5/11/2018 8:02:25 AM Legend City Boundary Water Bodies ELEVATION 796-818 819-838 839-858 859-878 879-894 895-910 911-924 925-940 941-954 955-968 969-984 985-1000 1001-1016 1017-1036 1037-1064 Prior LakeSurface Water Management Plan Figure 2: Topography 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 212 ?±A@ ?±A@ ?±A@ GuWX GuWX GÜWX GqWX GqWX GÝWX G±WX G±WX G±WX GkWX GÛWX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure3_DrainageSystem.mxd Date Saved: 5/10/2018 4:36:09 PM Legend Subwatersheds Flow Paths "Prior Lake Outlet Channel Water Bodies Rivers City Boundary Prior LakeSurface Water Management Plan Figure 3: Drainage System 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 213 ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure4_Soils.mxd Date Saved: 5/10/2018 3:27:42 PM Legend City Boundary Water Bodies Hydrologic Soil Group Unknown/Urban Soils A A/D B B/D C C/D Prior LakeSurface Water Management Plan Figure 4: Soils 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 214 ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure5_HydricSoils.mxd Date Saved: 5/10/2018 3:35:39 PM Legend City Boundary Water Bodies Hydric Status Unknown No Yes Prior LakeSurface Water Management Plan Figure 5: Hydric Soils 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 215 ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure6_ExistingLandUse.mxd Date Saved: 10/3/2017 10:22:16 AM Legend City Boundary Land Use Designation Agricultural Golf Course Industrial and Utility Institutional Mixed Use Commercial Mixed Use Residential Multifamily Office Open Water Park, Recreational, or Preserve Retail and Other Commercial Seasonal/Vacation Single Family Attached Single Family Detached Undeveloped Prior LakeSurface Water Management Plan Figure 6: 2016 Land Use 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 216 ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX U n n a me d S tre a mCredit RiverU nna med St re am Unnamed St reamUnnamed StreamSpring Lower Prior Upper Prior O'Dowd Rice Cleary Howard Unnamed Keup's Pike Campbell Crystal Buck Markley Cate's or Hidden North Twin South Twin Unnamed (East Portion) McColl Pond Unnamed (West Portion) Document Path: K:\010393-000\GIS\Maps\Figure8_NWI&DNR.mxd Date Saved: 10/3/2017 11:03:43 AM Legend City Boundary DNR Public Watercourse DNR Public Waterbody National Wetland Inventory (NWI) Prior LakeSurface Water Management Plan Figure 8: DNR Public Waters & National Wetland Inventory (NWI) 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 217 !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure9_Water Quality Monitoring.mxd Date Saved: 11/8/2018 11:21:15 AM Legend !(PLSLWD Monitoring !(Met Council Stream Monitoring !(Met Council Lake Monitoring Rivers Water Bodies City Boundary Prior LakeSurface Water Management Plan Figure 9: WaterQuality Monitoring 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 218 ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure10_ImpairedWaters.mxd Date Saved: 10/3/2017 11:21:46 AM Legend Rivers Water Bodies 2018 Impaired Waters City Boundary Prior LakeSurface Water Management Plan Figure 10: ImpairedWaters 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 219 ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond SCOTT SCOTT PRIOR LAKE-SPRING LAKE LOWER MINNESOTA RIVER Document Path: K:\010393-000\GIS\Maps\Figure11_Watersheds.mxd Date Saved: 10/3/2017 12:20:41 PM Legend LOWER MINNESOTA RIVER PRIOR LAKE-SPRING LAKE SCOTT Prior LakeSurface Water Management Plan Figure 11: Watershed Organizations 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 220 ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure12_Groundwater.mxd Date Saved: 10/3/2017 12:43:41 PM Legend Water Bodies City Boundary Wellhead Protection Areas DWSMA Vulnerability Very High High Moderate Low Very Low Prior LakeSurface Water Management Plan Figure 12: Groundwater Protection 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 221 ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure13_FEMA.mxd Date Saved: 10/3/2017 12:57:53 PM Legend City Boundary Water Bodies Floodplain 100-Year 500-Year Prior LakeSurface Water Management Plan Figure 13: FEMA Floodplain 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 222 ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure14_MLCCS.mxd Date Saved: 5/10/2018 4:27:53 PM Legend Rivers Water Bodies City Boundary MLCCS Type Developed Area Planted/Cultivated Forest Herbaceous Shrubland Wetlands Water Prior LakeSurface Water Management Plan Figure 14: Minnesota Land Cover Classification System (MLCCS) 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 223 ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure15_NaturalResources.mxd Date Saved: 5/10/2018 3:21:43 PM Legend City Boundary Water Bodies Metro Conservation Corridors Biodiversity Significance Outstanding High Moderate Below Prior LakeSurface Water Management Plan Figure 15: Natural Resources 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 224 kj kjkj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj ?±A@ ?±A@ GuWX GqWX GqWX G±WX G±WX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond 5.2.8 5.2.6 5.2.2 5.2.2 5.2.3 5.2.2 5.2.2 5.5.3 5.3.9 5.3.8 5.3.7 5.3.6 5.3.5 5.3.4 5.5.2 5.3.3 5.3.2 5.3.1 5.3.13 5.3.14 5.3.12 Document Path: K:\010393-000\GIS\Maps\Figure16_ProblemAreas.mxd Date Saved: 8/29/2018 4:50:01 PM Legend kj Issue Areas Rivers Water Bodies 2018 Impaired Waterbodies City Boundary Prior LakeSurface Water Management Plan Figure 16: ProblemAreas 0 3,000Feet¯1 inch = 2,750 feetSurface Water Page 225 ?±A@ ?±A@ ?±A@ GuWX GuWX GÜWX GqWX GqWX GÝWX G±WX G±WX G±WX GkWX GÛWX G³WX G|WX Lower Prior Lake Spring Lake Upper Prior Lake Cleary Lake O'Dowd Lake Howard Lake Pike Lake Campbell Lake Mystic Lake Rice Lake Haas Lake Jeffers Pond Crystal Lake Arctic Lake Blind Lake Markley Lake Little Prior Lake Jeffers Fish Pond Jeffers Wildlife Pond Mitchell Pond Document Path: K:\010393-000\GIS\Maps\Figure17_Surface Water Groundwater Water Interaction.mxd Date Saved: 5/11/2018 8:28:47 AM Legend Water Bodies Rivers City Boundary Surface Water Type Disconnected from regionalgroundwater system Receives and dischargesgroundwater Recharges aquifers Prior LakeSurface Water Management Plan Figure 17: Surface Water & Groundwater Interaction 0 3,000Feet¯1 inch = 3,000 feetSurface Water Page 226 Local Surface Water Management Plan City of Prior Lake WSB Project No. 010393-000 APPENDIX B APPENDIX B MS4 Documents Surface Water Page 227 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 1 of 18 MS4 SWPPP Application for Reauthorization for the NPDES/SDS General Small Municipal Separate Storm Sewer System (MS4) Permit MNR040000 reissued with an effective date of August 1, 2013 Stormwater Pollution Prevention Program (SWPPP) Document Doc Type: Permit Application Instructions: This application is for authorization to discharge stormwater associated with Municipal Separate Storm Sewer Systems (MS4s) under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit Program. No fee is required with the submittal of this application. Please refer to “Example” for detailed instructions found on the Minnesota Pollution Control Agency (MPCA) MS4 website at http://www.pca.state.mn.us/ms4. Submittal: This MS4 SWPPP Application for Reauthorization form must be submitted electronically via e-mail to the MPCA at ms4permitprogram.pca@state.mn.us from the person that is duly authorized to certify this form. All questions with an asterisk (*) are required fields. All applications will be returned if required fields are not completed. Questions: Contact Claudia Hochstein at 651-757-2881 or claudia.hochstein@state.mn.us, Dan Miller at 651-757-2246 or daniel.miller@state.mn.us, or call toll-free at 800-657-3864. General Contact Information (*Required fields) MS4 Owner (with ownership or operational responsibility, or control of the MS4) *MS4 permittee name: City of Prior Lake *County: Scott (city, county, municipality, government agency or other entity) *Mailing address: 4646 Dakota Street SE *City: Prior Lake *State: MN *Zip code: 55372 *Phone (including area code): 952-447-9800 *E-mail: info@cityofpriorlake.com MS4 General contact (with Stormwater Pollution Prevention Program [SWPPP] implementation responsibility) *Last name: Gehler *First name: Katy (department head, MS4 coordinator, consultant, etc.) *Title: Public Works Director *Mailing address: 4646 Dakota Street SE *City: Prior Lake *State: MN *Zip code: 55372 *Phone (including area code): 952-447-9890 *E-mail: kgehler@cityofpriorlake.com Preparer information (complete if SWPPP application is prepared by a party other than MS4 General contact) Last name: Young First name: Pete (department head, MS4 coordinator, consultant, etc.) Title: Water Resources Engineer Mailing address: 4646 Dakota Street SE City: Prior Lake State: MN Zip code: 55372 Phone (including area code): 952-447-9831 E-mail: pyoung@cityofpriorlake.com Verification 1. I seek to continue discharging stormwater associated with a small MS4 after the effective date of this Permit, and shall submit this MS4 SWPPP Application for Reauthorization form, in accordance with the schedule in Appendix A, Table 1, with the SWPPP document completed in accordance with the Permit (Part II.D.). Yes 2. I have read and understand the NPDES/SDS MS4 General Permit and certify that we intend to comply with all requirements of the Permit. Yes Surface Water Page 228 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 2 of 18 Certification (All fields are required) Yes - I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. I certify that based on my inquiry of the person, or persons, who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of civil and criminal penalties. This certification is required by Minn. Stat. §§ 7001.0070 and 7001.0540. The authorized person with overall, MS4 legal responsibility must certify the application (principal executive officer or a ranking elected official). By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing my application. Name: Frank Boyles (This document has been electronically signed) Title: City Manager Date (mm/dd/yyyy): 12/20/2013 Mailing address: 4646 Dakota Street SE City: Prior Lake State: MN Zip code: 55372 Phone (including area code): 952-447-9801 E-mail: fboyles@cityofpriorlake.com Note: The application will not be processed without certification. Surface Water Page 229 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 3 of 18 Stormwater Pollution Prevention Program Document I. Partnerships: (Part II.D.1) A. List the regulated small MS4(s) with which you have established a partnership in order to satisfy one or more requirements of this Permit. Indicate which Minimum Control Measure (MCM) requirements or other program components that each partnership helps to accomplish (List all that apply). Check the box below if you currently have no established partnerships with other regulated MS4s. If you have more than five partnerships, hit the tab key after the last line to generate a new row. No partnerships with regulated small MS4s Name and description of partnership MCM/Other permit requirements involved Prior Lake-Spring Lake Watershed District; The City formed a partnership with the Prior Lake-Spring Lake Watershed District in 2013 in order to deliver an education and outreach program that meets MS4 permit requirements for both organizations. It is anticipated that this program will continue during the current permit term. MCM1 B. If you have additional information that you would like to communicate about your partnerships with other regulated small MS4(s), provide it in the space below, or include an attachment to the SWPPP Document, with the following file naming convention: MS4NameHere_Partnerships. II. Description of Regulatory Mechanisms: (Part II.D.2) Illicit discharges A. Do you have a regulatory mechanism(s) that effectively prohibits non-stormwater discharges into your small MS4, except those non-stormwater discharges authorized under the Permit (Part III.D.3.b.)? Yes No 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Contract language Policy/Standards Permits Rules Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Direct link: Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere_IDDEreg. Surface Water Page 230 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 4 of 18 2. If no: Describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: The City will meet this permit requirement within 12 months of the date permit coverage is extended. The following tasks will be completed: 1. City staff will develop an Illicit Discharge ordinance that meets current permit requirements. 2. The City Council will review and consider approving an Illicit Discharge ordinance. 3. Ordinance will be in effect within 12 months of the date permit coverage is extended. Construction site stormwater runoff control A. Do you have a regulatory mechanism(s) that establishes requirements for erosion and sediment controls and waste controls? Yes No 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Contract language Policy/Standards Permits Rules Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: City of Prior Lake Subdivision Code, Section 1004 (Design Standards). Section 1004.700, Erosion and Sediment Control. References the City's Public Works Design Manual (direct link listed below) Direct link: www.cityofpriorlake.com/pdf/designmanual.pdf See Part III, Hydrology Rules; Section Three (directly references site NPDES permit and SWPPP) Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere_CSWreg. B. Is your regulatory mechanism at least as stringent as the MPCA general permit to Discharge Stormwater Associated with Construction Activity (as of the effective date of the MS4 Permit)? Yes No If you answered yes to the above question, proceed to C. If you answered no to either of the above permit requirements listed in A. or B., describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: Although the City currently meets the permit requirement listed in A. above, a simpler and more effective regulatory mechanism is needed. The City will meet the permit requirements listed in A. and B. above within 12 months of the date permit coverage is extended. The following tasks will be completed: 1. City staff will develop an erosion and sediment control ordinance that meets current permit requirements. This ordinance will replace the various regulatory mechanisms that were previously used to regulate erosion and sediment control. 2. The City Council will review and consider approving an erosion and sediment control ordinance. 3. Ordinance will be in effect within 12 months of the date permit coverage is extended. 4. Ordinance will reference a document or set of documents that include all required elements of an effective construction site stormwater runoff control program. All reference documents will be completed and in effect within 12 months of the date permit coverage is extended. C. Answer yes or no to indicate whether your regulatory mechanism(s) requires owners and operators of construction activity to develop site plans that incorporate the following erosion and sediment controls and waste controls as described in the Permit (Part III.D.4.a.(1)-(8)), and as listed below: 1. Best Management Practices (BMPs) to minimize erosion. Yes No 2. BMPs to minimize the discharge of sediment and other pollutants. Yes No Surface Water Page 231 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 5 of 18 3. BMPs for dewatering activities. Yes No 4. Site inspections and records of rainfall events Yes No 5. BMP maintenance Yes No 6. Management of solid and hazardous wastes on each project site. Yes No 7. Final stabilization upon the completion of construction activity, including the use of perennial vegetative cover on all exposed soils or other equivalent means. Yes No 8. Criteria for the use of temporary sediment basins. Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: Post-construction stormwater management A. Do you have a regulatory mechanism(s) to address post-construction stormwater management activities? Yes No 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Contract language Policy/Standards Permits Rules Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: City of Prior Lake Subdivision Code, Section 1004 (Design Standards). Section 1004.800, Storm Drainage. References the City's Public Works Design Manual (direct link listed below) Direct link: www.cityofpriorlake.com/pdf/designmanual.pdf See Part III, Hydrology Rules; Section Four (Site hydrology, stormwater and volume management) Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere_PostCSWreg. B. Answer yes or no below to indicate whether you have a regulatory mechanism(s) in place that meets the following requirements as described in the Permit (Part III.D.5.a.): 1. Site plan review: Requirements that owners and/or operators of construction activity submit site plans with post-construction stormwater management BMPs to the permittee for review and approval, prior to start of construction activity. Yes No 2. Conditions for post construction stormwater management: Requires the use of any combination of BMPs, with highest preference given to Green Infrastructure techniques and practices (e.g., infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs, etc.), necessary to meet the following conditions on the site of a construction activity to the Maximum Extent Practicable (MEP): a. For new development projects – 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 the Permit (Part III.D.5.a(3)(a)). 2) Stormwater discharges of Total Suspended Solids (TSS). 3) Stormwater discharges of Total Phosphorus (TP). Yes No b. For redevelopment projects – 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 the Permit (Part III.D.5.a(3)(a)). 2) Stormwater discharges of TSS. 3) Stormwater discharges of TP. Yes No Surface Water Page 232 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 6 of 18 3. Stormwater management limitations and exceptions: a. Limitations 1) Prohibit the use of infiltration techniques to achieve the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)) when the infiltration structural stormwater BMP will receive discharges from, or be constructed in areas: a) Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA. b) Where vehicle fueling and maintenance occur. c) With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. d) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. Yes No 2) Restrict the use of infiltration techniques to achieve the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)), without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltration device will be constructed in areas: a) With predominately Hydrologic Soil Group D (clay) soils. b) Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. c) Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13. d) Where soil infiltration rates are more than 8.3 inches per hour. Yes No 3) For linear projects where the lack of right-of-way precludes the installation of volume control practices that meet the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)), the permittee’s regulatory mechanism(s) may allow exceptions as described in the Permit (Part III.D.5.a(3)(b)). The permittee’s regulatory mechanism(s) shall ensure that a reasonable attempt be made to obtain right-of-way during the project planning process. Yes No 4. Mitigation provisions: The permittee’s regulatory mechanism(s) shall ensure that any stormwater discharges of TSS and/or TP not addressed on the site of the original construction activity are addressed through mitigation and, at a minimum, shall ensure the following requirements are met: a. Mitigation project areas are selected in the following order of preference: 1) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. 2) Locations within the same Minnesota Department of Natural Resource (DNR) catchment area as the original construction activity. 3) Locations in the next adjacent DNR catchment area up‐stream 4) Locations anywhere within the permittee’s jurisdiction. Yes No b. 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. Yes No c. Routine maintenance of structural stormwater BMPs already required by this permit cannot be used to meet mitigation requirements of this part. Yes No d. Mitigation projects shall be completed within 24 months after the start of the original construction activity. e. The permittee shall determine, and document, who will be responsible for long-term maintenance on all mitigation projects of this part. f. If the permittee receives payment from the owner and/or operator of a construction activity for mitigation purposes in lieu of the owner or operator of that construction activity meeting the conditions for post-construction stormwater management in Part III.D.5.a(2), the permittee shall apply any such payment received to a public stormwater project, and all projects must be in compliance with Part III.D.5.a(4)(a)-(e). Yes No Yes No Yes No 5. Long-term maintenance of structural stormwater BMPs: The permittee’s regulatory mechanism(s) shall provide for the establishment of legal mechanisms between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee, that have been implemented to meet the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)). This only includes structural stormwater BMPs constructed after the effective date of this permit and that are directly connected to the permittee’s MS4, and that are in the permittee’s jurisdiction. The legal mechanism shall include provisions that, at a minimum: Surface Water Page 233 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 7 of 18 a. Allow the permittee to conduct inspections of structural stormwater BMPs not owned or operated by the permittee, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the permittee determines that the owner and/or operator of that structural stormwater BMP has not conducted maintenance. Yes No b. Include conditions that are designed to preserve the permittee’s right to ensure maintenance responsibility, for structural stormwater BMPs not owned or operated by the permittee, when those responsibilities are legally transferred to another party. Yes No c. Include conditions that are designed to protect/preserve structural stormwater BMPs and site features that are implemented to comply with the Permit (Part III.D.5.a(2)). If site configurations or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved structural stormwater BMPs must be implemented to ensure the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)) continue to be met. Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within twelve (12) months of the date permit coverage is extended, these permit requirements are met: B.2 - B.5.: The City will meet the various post-construction stormwater management permit requirements within 12 months of the date permit coverage is extended. The following tasks will be completed: 1. City staff will develop a Stormwater Management ordinance that meets current permit requirements. 2. The City Council will review and consider approving a Stormwater Management ordinance. 3. Ordinance will be in effect within 12 months of the date permit coverage is extended. 4. Ordinance will reference a document or set of documents that include all required elements of an effective stormwater management program, addressing all program elements that were not checked on the list above. All reference documents will be completed and in effect within 12 months of the date permit coverage is extended. III. Enforcement Response Procedures (ERPs): (Part II.D.3) A. Do you have existing ERPs that satisfy the requirements of the Permit (Part III.B.)? Yes No 1. If yes, attach them to this form as an electronic document, with the following file naming convention: MS4NameHere_ERPs. 2. If no, describe the tasks and corresponding schedules that will be taken to assure that, with twelve (12) months of the date permit coverage is extended, these permit requirements are met: The City will meet the ERP requirements of the permit within 12 months of the date permit coverage is extended. The following tasks will be completed: 1. City staff will develop written ERPs to enforce and compel compliance with the regulatory mechanisms required by the MS4 permit. This work will be done in conjunction with the development of the updated regulatory mechanisms. 2. Written ERPs will be reviewed by the City Council and incorporated into the updated regulatory mechanisms. 3. City staff will develop a written process to document all enforcement conducted pursuant to the ERPs as required by the permit. B. Describe your ERPs: The City of Prior Lake does not have ERPs that meet current permit requirements. IV. Storm Sewer System Map and Inventory: (Part II.D.4.) A. Describe how you manage your storm sewer system map and inventory: The City maintains a robust storm sewer system map and inventory as requried by the MS4 permit. The map is GIS- based, and our inventory/inspection database relies on Cartegraph software. A full system inspection and mapping update was completed during 2012-2013 using handheld GPS units. As a result of this update, system data reported in future annual MS4 reports (such as stormwater pond quantities) will differ from previous years. Annual system inspections and mapping updates will continue throughout the current permit term. The City uses inspection data to prioritize system maintenance. B. Answer yes or no to indicate whether your storm sewer system map addresses the following requirements from the Permit (Part III.C.1.a-d), as listed below: 1. The permittee’s entire small MS4 as a goal, but at a minimum, all pipes 12 inches or greater in diameter, including stormwater flow direction in those pipes. Yes No Surface Water Page 234 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 8 of 18 2. Outfalls, including a unique identification (ID) number assigned by the permittee, and an associated geographic coordinate. Yes No 3. Structural stormwater BMPs that are part of the permittee’s small MS4. Yes No 4. All receiving waters. Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: C. Answer yes or no to indicate whether you have completed the requirements of 2009 Minnesota Session Law, Ch. 172. Sec. 28: with the following inventories, according to the specifications of the Permit (Part III.C.2.a.-b.), including: 1. All ponds within the permittee’s jurisdiction that are constructed and operated for purposes of water quality treatment, stormwater detention, and flood control, and that are used for the collection of stormwater via constructed conveyances. Yes No 2. All wetlands and lakes, within the permittee’s jurisdiction, that collect stormwater via constructed conveyances. Yes No D. Answer yes or no to indicate whether you have completed the following information for each feature inventoried. 1. A unique identification (ID) number assigned by the permittee. 2. A geographic coordinate. 3. Type of feature (e.g., pond, wetland, or lake). This may be determined by using best professional judgment. Yes No Yes No Yes No If you have answered yes to all above requirements, and you have already submitted the Pond Inventory Form to the MPCA, then you do not need to resubmit the inventory form below. If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: E. Answer yes or no to indicate if you are attaching your pond, wetland and lake inventory to the MPCA on the form provided on the MPCA website at: http://www.pca.state.mn.us/ms4 , according to the specifications of Permit (Part III.C.2.b.(1)-(3)). Attach with the following file naming convention: MS4NameHere_inventory. Yes No If you answered no, the inventory form must be submitted to the MPCA MS4 Permit Program within 12 months of the date permit coverage is extended. V. Minimum Control Measures (MCMs) (Part II.D.5) A. MCM1: Public education and outreach 1. The Permit requires that, within 12 months of the date permit coverage is extended, existing permittees revise their education and outreach program that focuses on illicit discharge recognition and reporting, as well as other specifically selected stormwater-related issue(s) of high priority to the permittee during this permit term. Describe your current educational program, including any high-priority topics included: The City is primarily residential and therefore our public education and outreach program focuses on urban/suburban issues. Starting in 2013, the City formed a partnership with the Prior Lake-Spring Lake Watershed District (PLSLWD) to deliver the program to our residents. Working under an official agreement, PLSLWD and City staff annually develop an education and outreach plan that meets all MS4 permit requirements for both organizations.The plan identifies high-priority topics and summarizes the program. It is anticipated that this program will continue throughout the current permit term. A copy of the annual MS4 education and outreach plan can be found on the City's website: www.cityofpriorlake.com/documents/MS4educationplan.pdf. 2. List the categories of BMPs that address your public education and outreach program, including the distribution of educational materials and a program implementation plan. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the U.S. Environmental Protection Agency’s (EPA) Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Surface Water Page 235 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 9 of 18 Established BMP categories Measurable goals and timeframes Raingarden-in-a-Box Initiative New in 2013, our Raingarden-in-a-Box initiative provided a series of 4 workshops (with 47 total attendees), information, and materials to residents to install their own raingardens. A total of 8 raingardens were installed in the City 2013 as a result of the initiative. The program is our “foot in the door” for connecting motivated residents with water resources issues; any water quality benefits realized from the raingardens is a bonus as the locations are not prioritized with respect to water quality. This initiative will continue during the current permit term. Storm Drain Stenciling In the past the City has periodically coordinated storm drain stenciling projects. In late 2012, the City created new guidelines for stenciling and started actively marketing the program to volunteer groups. Since late 2012 a total of 44 volunteers have marked 116 storm drains in priority drainage areas (only areas with direct drainage to Prior Lake were considered). This program will continue during the current permit term. Site Tours The PLSLWD, under our shared education/outreach agreement, coordinates site tours with local residents and government officials to showcase specific projects and programs. Tours within the City include an annual boat tour and a projects tour that includes innovative stormwater management BMPs. City staff presents information about MS4-related projects during the tours. The goal is 2 tours per year within the City, with a total of 25 attendees. Community Events The PLSLWD, under our shared education/outreach agreement, coordinates outreach events to involve local stakeholder groups such as the PLSLWD’s Citizens Advisory Committee, the Prior Lake Association, the Spring Lake Association, the City’s Lakes Advisory Committee, and other similar groups. The goal is to build local capacity for volunteers by involving stakeholder groups. Members of the groups can then become well-informed advocates for local water quality – when they attend other community events, they are better able to inform others about water quality. The goal is to coordinate 3 events per year; 2013 events included an ice-off litter pickup, “Dive the Lake” event, and “Rake for the Lake”. Publications The PLSLWD, under our shared education/outreach agreement, coordinates the publication of fact sheets, brochures, press releases, and other information according to an “Education Calendar” included with our shared education and outreach plan. This calendar can be revised each year based on past results and updated priority topics. Communications Tools The PLSLWD, under our shared education/outreach agreement, coordinates the use of various social media communication tools, such as Facebook and Twitter, to connect with members of the local community and beyond. In addition, the Prior Lake Cable Access Channel is used to broadcast short public service announcements and other information, according to the schedule in the “Education Calendar” – this calendar outlines the annual goals for communication tools. Regional Collaboration City staff recently initiated and actively coordinates a local Water Resources Consortium (WRC) group consisting of technical staff from various organizations. Representatives from local watershed organizations, Scott SWCD, Scott County, the Shakopee Mdwakanton Sioux Community (SMSC), and LGUs (cities and townships) meet quarterly to discuss upcoming projects, potential collaboration opportunities, and other pertinent water resources topics. The overall goal is to keep an open dialogue with other organizations in order to reduce duplication of effort and increase collaboration. Although our organizations have different education/outreach needs and target audiences, the WRC helps us to identify collaborative opportunities where programs overlap. Quarterly meetings will continue throughout the current permit term. Surface Water Page 236 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 10 of 18 BMP categories to be implemented Measurable goals and timeframes City Website Updates The City will update the Water Resources section of its website to include more information about the stormwater program, our SWPPP, and education/outreach. The website was last updated a few years ago and does not meet our current needs. City staff has already performed an evaluation of the current website content and mapped out a new strategy for delivering information to residents through this useful tool. The website update will be completed in 2014 and updated throughout the current permit term. Program Evaluation Use measurable goals to evaluate the program each year and then use the results to inform updates to the program. Process must be complete by November 30 each year to ensure that any recommended changes can be incorporated into the program by the beginning of the following year. 3. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Water Resources Engineer (primary); Public Works and Natural Resources Director (secondary) B. MCM2: Public participation and involvement 1. The Permit (Part III.D.2.a.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement a public participation/involvement program to solicit public input on the SWPPP. Describe your current program: The City annually solicits comments on its SWPPP at a regular meeting of the City's Lakes Advisory Committee (LAC). The LAC's purpose is to advise the City Council on matters related to the SWPPP and our Comprehensive Lakes Management Plan, an LAC-created document that guides their activities.Notice is posted in the City's official newspaper (the Prior Lake American) and on the City's website 30 days in advance of the meeting. 2. List the categories of BMPs that address your public participation/involvement program, including solicitation and documentation of public input on the SWPPP. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA’s Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Public Input – Annual Meeting The City holds 1 annual public meeting to give the public an opportunity to provide input on the adequacy of the SWPPP, with the goal of having at least 5 attendees. The City tracks the number of attendees at each annual public meeting. This procedure will continue throughout the current permit term. Public Input – SWPPP Review and Comments The City provides the public with an opportunity to review and comment on the SWPPP at the annual public meeting. Oral and written comments are solicited from the public each year for inclusion at the annual public meeting. The City also solicits public input and provides an opportunity to comment on the SWPPP at any time through the City’s website. Comments received are recorded and presented at the next annual meeting. These procedures will continue throughout the current permit term. Public Input – Annual Meeting Public Notice The City complies with local public meeting notice requirements when advertising for the annual public meeting. This procedure will continue throughout the current permit term. Documentation – Public Access The City posts the current SWPPP document on its website: http://www.cityofpriorlake.com/documents/StormwaterPollutionPreventionProgram.pdf BMP categories to be implemented Measurable goals and timeframes Documentation – Public Access Enhance public access to SWPPP documentation by posting the Surface Water Page 237 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 11 of 18 SWPPP document, annual reports, and other documentation that supports or describes the SWPPP on the City’s website. Create a separate MS4 section of the City’s website to meet this goal by the end of 2014. Documentation – Public Input Create a database for tracking public input as required by the permit. The database will track all relevant written input submitted by persons regarding the SWPPP, all responses from the permittee to written input received regarding the SWPPP, any modifications made to the SWPPP as a result of written input received, date(s) and location(s) of events held for purposes of compliance with the public participation/involvement requirements of the permit, and notices provided to the public of any events scheduled to meet the participation/involvement requirements of the permit, including any electronic correspondence (e.g., website, email distribution lists, notices, etc.). Database will be created by the end of 2014 and updated throughout the rest of the current permit term. 3. Do you have a process for receiving and documenting citizen input? Yes No If you answered no to the above permit requirement, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: Although citizen input is being documented under the current program, as described in the table above, the City will work to create a database to receive and document citizen input in order to meet current permit requirements. 4. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Water Resources Engineer (primary); Public Works and Natural Resources Director (secondary) C. MCM 3: Illicit discharge detection and elimination 1. The Permit (Part III.D.3.) requires that, within 12 months of the date permit coverage is extended, existing permittees revise their current program as necessary, and continue to implement and enforce a program to detect and eliminate illicit discharges into the small MS4. Describe your current program: The City currently relies on several different sections of its City Code (Sections 601, 605, 606, 607, 701, 706) to meet SWPPP requirements. Illicit discharge detection is incorporated into storm sewer system inspection and maintenance activities. When discovered, illicit discharges are tracked using the storm sewer system map and inspection reports. The City maintains a Stormwater Noncompliance Hotline (952-447-9890) for reporting illicit discharges to the storm sewer system. 2. Does your Illicit Discharge Detection and Elimination Program meet the following requirements, as found in the Permit (Part III.D.3.c.-g.)? a. Incorporation of illicit discharge detection into all inspection and maintenance activities conducted under the Permit (Part III.D.6.e.-f.)Where feasible, illicit discharge inspections shall be conducted during dry-weather conditions (e.g., periods of 72 or more hours of no precipitation). Yes No b. Detecting and tracking the source of illicit discharges using visual inspections. The permittee may also include use of mobile cameras, collecting and analyzing water samples, and/or other detailed procedures that may be effective investigative tools. Yes No c. Training of all field staff, in accordance with the requirements of the Permit (Part III.D.6.g.(2)), in illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation. Yes No d. Identification of priority areas likely to have illicit discharges, including at a minimum, evaluating land use associated with business/industrial activities, areas where illicit discharges have been identified in the past, and areas with storage of large quantities of significant materials that could result in an illicit discharge. Yes No e. Procedures for the timely response to known, suspected, and reported illicit discharges. Yes No f. Procedures for investigating, locating, and eliminating the source of illicit discharges. Yes No g. Procedures for responding to spills, including emergency response procedures to prevent spills from entering the small MS4. The procedures shall also include the immediate notification of the Minnesota Department of Public Safety Duty Officer, if the source of the illicit discharge is a spill or Yes No Surface Water Page 238 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 12 of 18 leak as defined in Minn. Stat. § 115.061. h. When the source of the illicit discharge is found, the permittee shall use the ERPs required by the Permit (Part III.B.) to eliminate the illicit discharge and require any needed corrective action(s). Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: C.2.c.: The current Illicit Discharge and Elimination Program (IDEP) does not meet the training requirements of the new MS4 permit. The City will draft a new Illicit Discharge ordinance and corresponding ERPs to meet this permit requirement within 12 months of the date permit coverage is extended. C.2.d.: The current IDEP does not meet the prioritization requirements of the new MS4 permit. The City will draft a new Illicit Discharge ordinance and corresponding ERPs to meet this permit requirement within 12 months of the date permit coverage is extended. C.2.e.: The current IDEP does not include written procedures that meet the timely response requirements of the new MS4 permit. The City will draft a new Illicit Discharge ordinance and corresponding ERPs to meet this permit requirement within 12 months of the date permit coverage is extended. C.2.f.: The current IDEP does not include written procedures that meet the investigation/location/elimination requirements of the new MS4 permit. The City will draft a new Illicit Discharge ordinance and corresponding ERPs to meet this permit requirement within 12 months of the date permit coverage is extended. C.2.g.: The current IDEP does not include written procedures that meet the spill response requirements of the new MS4 permit. The City will draft a new Illicit Discharge ordinance and corresponding ERPs to meet this permit requirement within 12 months of the date permit coverage is extended. C.2.h.: The current IDEP does not include written ERPs, as required by the new MS4 permit. The City will draft a new Illicit Discharge ordinance and corresponding ERPs to meet this permit requirement within 12 months of the date permit coverage is extended. 3. List the categories of BMPs that address your illicit discharge, detection and elimination program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA’s Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Inspections City employees annually inspect storm water system infrastructure as part of their normal job duties; these employees are trained to notify stormwater program staff of any illicit discharges. Stormwater program staff responds to all reported illicit discharges (by City staff and the public). All inspections are documented using the City’s standard stormwater infrastructure inspection process. Regulatory Control Use the City’s existing ordinances to enforce illicit discharges (ongoing). Annually review existing ordinances and develop recommendations for future ordinance updates. BMP categories to be implemented Measurable goals and timeframes Inspections Public works field staff will incorporate illicit discharge inspections into their normal job duties. This program change will be done in conjunction with updates to ordinances and in accordance with the new ERPs. Training Incorporate new training methodology to support ERPs that relate to illicit discharge detection and elimination (targeted to public works field staff). Initial new training efforts will take place in 2014 and continue throughout the current permit term. Website Update City website at least annually with general information about illicit discharge and specific information about the City’s illicit discharge detection and elimination program. Promote website through the education and outreach program (MCM1). Surface Water Page 239 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 13 of 18 4. Do you have procedures for record-keeping within your Illicit Discharge Detection and Elimination (IDDE) program as specified within the Permit (Part III.D.3.h.)? Yes No If you answered no, indicate how you will develop procedures for record-keeping of your Illicit Discharge, Detection and Elimination Program, within 12 months of the date permit coverage is extended: 5. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Water Resources Engineer (primary); Public Works and Natural Resources Director (secondary) D. MCM 4: Construction site stormwater runoff control 1. The Permit (Part III.D.4) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a construction site stormwater runoff control program. Describe your current program: City code requires that all stormwater runoff and erosion and sediment control structures/procedures conform with the provisions of the Public Works Design Manual (PWDM) and other State regulations (Subdivision Code, Sections 1004.700 and 1004.800).The PWDM requires that all development that disturbs greater than 1 acre of land must apply for and comply with the requirements of the construction site NPDES permit. The SWPPP must be reviewed and approved by the City before an Excavating and Grading Permit may be issued. When coordinating with design engineers, the City uses checklists and review memos to outline design requirements. Development designs must meet or exceed all stormwater management and erosion and sediment control requirements before they can be approved through the City's platting process. During the review process the Prior Lake-Spring Lake Watershed District (PLSLWD) is invited to review and provide comments relating to all projects within their jurisdiction. The City inspects all active development projects under an agreement with the Prior Lake-Spring Lake Watershed District (PLSLWD). The PLSLWD provides site inspection services (minumum frequency is weekly), creates inspection reports that comply with current NPDES permit requirements, coordinates follow-up inspections with City staff, and keeps records of all inspections. City staff coordinates with contractors and uses the inspection results to compel contractors to comply with NPDES permit requirements. 2. Does your program address the following BMPs for construction stormwater erosion and sediment control as required in the Permit (Part III.D.4.b.): a. Have you established written procedures for site plan reviews that you conduct prior to the start of construction activity? Yes No b. Does the site plan review procedure include notification to owners and operators proposing construction activity that they need to apply for and obtain coverage under the MPCA’s general permit to Discharge Stormwater Associated with Construction Activity No. MN R100001? Yes No c. Does your program include written procedures for receipt and consideration of reports of noncompliance or other stormwater related information on construction activity submitted by the public to the permittee? Yes No d. Have you included written procedures for the following aspects of site inspections to determine compliance with your regulatory mechanism(s): 1) Does your program include procedures for identifying priority sites for inspection? Yes No 2) Does your program identify a frequency at which you will conduct construction site inspections? Yes No 3) Does your program identify the names of individual(s) or position titles of those responsible for conducting construction site inspections? Yes No 4) Does your program include a checklist or other written means to document construction site inspections when determining compliance? Yes No e. Does your program document and retain construction project name, location, total acreage to be disturbed, and owner/operator information? Yes No f. Does your program document stormwater-related comments and/or supporting information used to determine project approval or denial? Yes No g. Does your program retain construction site inspection checklists or other written materials used to document site inspections? Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. D.2.c., D.2.d.1, & D.2.d.3.: Although the City currently meets most permit requirement listed above, a simpler and more effective construction site stormwater runoff control program is needed. The revised program will include BMPs to address the three "No" items checked in this section along with updates to other BMPs currently in place. The City will meet all permit requirements listed in this section within 12 months of the date permit coverage is extended. The following Surface Water Page 240 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 14 of 18 tasks will be completed: 1. City staff will develop an erosion and sediment control ordinance that meets current MS4 permit requirements. This ordinance will replace the various regulatory mechanisms that were previously used to regulate erosion and sediment control. 2. The City Council will review and consider approving an erosion and sediment control ordinance. 3. Ordinance will be in effect within 12 months of the date permit coverage is extended. 4. Ordinance will reference a document or set of documents that include all elements of an effective construction site stormwater runoff control program while also meeting/exceeding MS4 permit requirements. The program will include procedures for identifying priority sites for inspection and identify names/titles of those responsible for conducting construction site inspections. These two program elements were not checked on the list above, but it is anticipated that the program will be addressed as a whole, rather than adding elements to the existing program. All reference documents will be completed and in effect within 12 months of the date permit coverage is extended. 3. List the categories of BMPs that address your construction site stormwater runoff control program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA’s Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Ordinance The City has an ordinance that requires compliance with the current erosion and sediment control provisions of the State NPDES construction permit. All SWPPPs must be reviewed and approved by the City before construction may begin. The City will review the current ordinance, PWDM, and procedures at least annually to determine if revisions are needed in order to meet MS4 permit requirements. Inspections The City uses an erosion and sediment control inspection program to ensure that all development sites comply with approved plans and permit requirements. If deficiencies are found, the City requires corrective actions by permit holders using escalating enforcement options according to ordinance and development agreements. The City will review the current inspection program procedures at least annually to determine if revisions are needed in order to meet MS4 permit requirements BMP categories to be implemented Measurable goals and timeframes ERPs Develop and implement written ERPs that meet permit requirements within 12 months of the date permit coverage is extended. ERPs will enhance existing enforcement mechanism. Education The City will annually review the existing education and outreach program (MCM1), with respect to MCM4, and determine if revisions are needed in order to meet MS4 permit requirements. 4. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Water Resources Engineer (primary); Public Works and Natural Resources Director (secondary) E. MCM 5: Post-construction stormwater management 1. The Permit (Part III.D.5.) requires that, within 12 months of the date permit coverage is extended, existing permittees Surface Water Page 241 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 15 of 18 shall revise their current program, as necessary, and continue to implement and enforce a post-construction stormwater management program. Describe your current program: City code requires that all stormwater runoff controls conform with the provisions of the Public Works Design Manual (PWDM) and other State regulations (Subdivision Code, Section 1004.800).The PWDM requires rate and volume control for all development, redevelopment, or change in use that creates more than 3,500 square feet of new impervious area and disturbs more than 10,000 square feet of land. When coordinating with design engineers, the City uses checklists and review memos to outline design requirements. Development designs must meet or exceed all stormwater management requirements before they can be approved through the City's platting process. During the review process the Prior Lake-Spring Lake Watershed District (PLSLWD) is invited to review and provide comments relating to all projects within their jurisdiction. 2. Have you established written procedures for site plan reviews that you will conduct prior to the start of construction activity? Yes No 3. Answer yes or no to indicate whether you have the following listed procedures for documentation of post-construction stormwater management according to the specifications of Permit (Part III.D.5.c.): a. Any supporting documentation that you use to determine compliance with the Permit (Part III.D.5.a), including the project name, location, owner and operator of the construction activity, any checklists used for conducting site plan reviews, and any calculations used to determine compliance? Yes No b. All supporting documentation associated with mitigation projects that you authorize? Yes No c. Payments received and used in accordance with Permit (Part III.D.5.a.(4)(f))? Yes No d. All legal mechanisms drafted in accordance with the Permit (Part III.D.5.a.(5)), including date(s) of the agreement(s) and names of all responsible parties involved? Yes No If you answered no to any of the above permit requirements, describe the steps that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. E.3.c.: The City does not currently have written procedures for documentation that meet the requirements of this section of the new MS4 permit. The City will draft written procedures to meet this permit requirement within 12 months of the date permit coverage is extended. E.3.d.: The City does not currently have written procedures for documentation that meet the requirements of this section of the new MS4 permit. The City will draft written procedures to meet this permit requirement within 12 months of the date permit coverage is extended. 4. List the categories of BMPs that address your post-construction stormwater management program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA’s Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Site Plan Review The City’s site plan review process, with respect to MCM5, is well-established within the required platting process. All projects that trigger a review must be approved through this process. The City will continue to implement this BMP during the current permit term, and enhance the program with an updated regulatory mechanism and ERPs. BMP categories to be implemented Measurable goals and timeframes ERPs Develop and implement written ERPs that meet permit requirements for MCM5 within 12 months of the date permit coverage is extended. Surface Water Page 242 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 16 of 18 5. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Water Resources Engineer (primary); Public Works and Natural Resources Director (secondary) F. MCM 6: Pollution prevention/good housekeeping for municipal operations 1. The Permit (Part III.D.6.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement an operations and maintenance program that prevents or reduces the discharge of pollutants from the permittee owned/operated facilities and operations to the small MS4. Describe your current program: The City has an extensive operations and maintenance program in place that serves to prevent or reduce the discharge of pollutants from City owned/operated facilities and operations. In addition to annually inspecting at least 20% of all ponds and outfalls within the storm sewer system, City staff also annually inspects structural stormwater BMPs and basic stormwater infrastructure (inlets, catch basins, pipes, manholes, etc.). Detailed GIS maps and inspection records are kept and maintenance projects are prioritized based on a standardized rating system. Maintenance of the storm sewer system must be prioritized and implemented in order to keep up with system aging and to ensure that failing system elements do not threaten overall water quality. The City also implements a targeted street sweeping program with the goal of preventing excess sediment and nutrients from entering the storm sewer system. Areas are targeted for enhanced street sweeping based on canopy cover, connectivity to surface water (location in the treatment train), and location within priority areas (for example, areas that drain to an impaired waterbody). 2. Do you have a facilities inventory as outlined in the Permit (Part III.D.6.a.)? Yes No 3. If you answered no to the above permit requirement in question 2, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: F.2.: The City does not currently have a facilities inventory that meets the requirements of this section of the new MS4 permit. The City will complete a facilities inventory that meets this permit requirement within 12 months of the date permit coverage is extended. 4. List the categories of BMPs that address your pollution prevention/good housekeeping for municipal operations program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. For an explanation of measurable goals, refer to the EPA’s Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Stormwater Infrastructure Inspections The City annually inspects ponds, outfalls, and structural stormwater BMPs to meet permit requirements. In addition, the City annually inspects other parts of the storm sewer system (inlets, catch basins, pipes, manholes, etc.). Based on the results of the inspections, storm sewer maintenance projects are prioritized for implementation. The City will continue to implement this BMP throughout the current permit term. Stormwater Infrastructure Maintenance The City annually reviews and prioritizes potential stormwater infrastructure maintenance projects based on inspection results. The City will continue to implement this BMP throughout the current permit term. BMP categories to be implemented Measurable goals and timeframes Facilities Inventory The City will complete a facilities inventory that meets this permit requirement within 12 months of the date permit coverage is extended. The facilities inventory will be updated annually. Surface Water Page 243 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 17 of 18 BMPs within Source Water Protection Areas The City will incorporate BMPs into the SWPPP to protect drinking water sources as required by the permit within 12 months of the date permit coverage is extended. The City will also include a map of these sources as required by the permit within 12 months of the date permit coverage is extended. Pond Assessment Procedures and Schedule The City will develop procedures and a schedule for the purpose of determining the TSS and TP treatment effectiveness of all City-owned/operated stormwater ponds as required by the permit within 12 months of the date permit coverage is extended. Training The City will develop an enhanced employee stormwater management training program as required by the permit within 12 months of the date permit coverage is extended. The City will then implement this program throughout the remainder of the current permit term. Facilities Inspections The City will develop an inspection program to conduct quarterly inspections of stockpiles and storage/material handling areas that are identified during the required facilities inventory. This inspection program will be in place within 12 months of the date permit coverage is extended. The facilities inspection program will be updated at least annually in conjunction with annual facilities inventory updates. 5. Does discharge from your MS4 affect a Source Water Protection Area (Permit Part III.D.6.c.)? a. If no, continue to 6. Yes No b. If yes, the Minnesota Department of Health (MDH) is in the process of mapping the following items. Maps are available at http://www.health.state.mn.us/divs/eh/water/swp/maps/index.htm. Is a map including the following items available for your MS4: 1) Wells and source waters for drinking water supply management areas identified as vulnerable under Minn. R. 4720.5205, 4720.5210, and 4720.5330? Yes No 2) Source water protection areas for surface intakes identified in the source water assessments conducted by or for the Minnesota Department of Health under the federal Safe Drinking Water Act, U.S.C. §§ 300j – 13? Yes No c. Have you developed and implemented BMPs to protect any of the above drinking water sources? Yes No 6. Have you developed procedures and a schedule for the purpose of determining the TSS and TP treatment effectiveness of all permittee owned/operated ponds constructed and used for the collection and treatment of stormwater, according to the Permit (Part III.D.6.d.)? Yes No 7. Do you have inspection procedures that meet the requirements of the Permit (Part III.D.6.e.(1)-(3)) for structural stormwater BMPs, ponds and outfalls, and stockpile, storage and material handling areas? Yes No 8. Have you developed and implemented a stormwater management training program commensurate with each employee’s job duties that: a. Addresses the importance of protecting water quality? Yes No b. Covers the requirements of the permit relevant to the duties of the employee? Yes No c. Includes a schedule that establishes initial training for new and/or seasonal employees and recurring training intervals for existing employees to address changes in procedures, practices, techniques, or requirements? Yes No 9. Do you keep documentation of inspections, maintenance, and training as required by the Permit (Part III.D.6.h.(1)-(5))? Yes No If you answered no to any of the above permit requirements listed in Questions 5 – 9, then describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: F.6.: The City will develop procedures and a schedule for the purpose of determining the TSS and TP treatment effectiveness of all City owned/operated ponds constructed and used for the collection and treatment of stormwater, according to the permit, within 12 months of the date permit coverage is extended. F.8.a.: The City will develop a stormwater management training program commensurate with each employee's job Surface Water Page 244 www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 18 of 18 duties to address the importance of protecting water quality within 12 months of the date permit coverage is extended. F.8.b.: The City will develop a stormwater management training program commensurate with each employee's job duties that covers the requirements of the permit relevant to the duties of the employee within 12 months of the date permit coverage is extended. F.8.c.: The City will develop a stormwater management training program commensurate with each employee's job duties that includes a schedule that establishes initial training for new and/or seasonal employees and recurring training intervals for existing employees to address changes in procedures, practices, techniques, or requirements within 12 months of the date permit coverage is extended. 10. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Water Resources Engineer (primary); Public Works and Natural Resources Director (secondary) VI. Compliance Schedule for an Approved Total Maximum Daily Load (TMDL) with an Applicable Waste Load Allocation (WLA) (Part II.D.6.) A. Do you have an approved TMDL with a Waste Load Allocation (WLA) prior to the effective date of the Permit? Yes No 1. If no, continue to section VII. 2. If yes, fill out and attach the MS4 Permit TMDL Attachment Spreadsheet with the following naming convention: MS4NameHere_TMDL. This form is found on the MPCA MS4 website: http://www.pca.state.mn.us/ms4. VII. Alum or Ferric Chloride Phosphorus Treatment Systems (Part II.D.7.) A. Do you own and/or operate any Alum or Ferric Chloride Phosphorus Treatment Systems which are regulated by this Permit (Part III.F.)? Yes No 1. If no, this section requires no further information. 2. If yes, you own and/or operate an Alum or Ferric Chloride Phosphorus Treatment System within your small MS4, then you must submit the Alum or Ferric Chloride Phosphorus Treatment Systems Form supplement to this document, with the following naming convention: MS4NameHere_TreatmentSystem. This form is found on the MPCA MS4 website: http://www.pca.state.mn.us/ms4. VIII. Add any Additional Comments to Describe Your Program Surface Water Page 245 TMDL Wasteload Allocation Excel Spreadsheet PART II.D.6.a.-e. Copy and paste from the Master List MS4 TMDL Spreadsheet for your MS4 to the space below. Permittee name Preferred ID TMDL project name*Waterbody ID Type of WLA*Numeric WLA*Unit* Percent reduction Flow condition*Waterbody name Pollutant of concern*Date approvedPRIOR LAKE CITY MS400113 SPRING LAKE - UPPER PRIOR LAKE NUTRIENT TMDL 70-0054-00 CATEGORICAL 1.3 LBS/DAY 64%N/A SPRING LAKE PHOSPHORUS 9/14/2011PRIOR LAKE CITY MS400113 SPRING LAKE - UPPER PRIOR LAKE NUTRIENT TMDL 70-072-00 CATEGORICAL 1 LBS/DAY 0%N/A UPPER PRIOR LAKE PHOSPHORUS 9/14/2011 Attach this completed form with your SWPPP Document at the time of submittal. At a minimum, provide all of the information "*" items (TMDL Project Name, Type of WLA, Numeric WLA, Unit, Flow Condition, and Pollutant of Concern). wq-strm4-49c • 8/16/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 1 of 2 Surface Water Page 246 Compliance Schedule PART II.D.6.f.-g. Is your MS4 currently meeting its WLA for any approved TMDLs?Go to:Go to:Go to: NO (Complete Table 1, Strategies for continued BMP implementation beyond the term of this permit, and Table 2 below)Table 1 Strategies…Table 2 YES (Provide the following information below) Table 1 Interim Milestone (Best Management Practice)BMP ID Implementation Date SPRING LAKE - UPPER PRIOR LAKE NUTRIENT TMDL - PHOSPHORUS Targeted intensive street sweeping (TMDL Implementation Plan, Section 5.2.2.1)ongoing/updated annually XSump manhole maintenance ongoing/updated annually XPrioritized storm sewer system infrastructure maintenance ongoing/updated annually X Implement MS4 education and outreach program ongoing/updated annually XRevise City ordinances and policies/standards relating to erosion and sediment control (ensure compliance with MS4 permit requirements)6/30/2015 XRevise City ordinances and policies/standards relating to volume control (ensure compliance with MS4 permit requirements)6/30/2015 XRevise City ordinances and policies/standards relating to illicit discharge detection and elimination (ensure compliance with MS4 permit requirements)6/30/2015 X Strategies for continued BMP implementation beyond the term of this permit. PART II.D.6.f.(3) Table 2Target dates the applicable WLA(s) will be achieved. PART II.D.6.f.(4)TMDL Project Target Date to Achieve WLASPRING LAKE - UPPER PRIOR LAKE NUTRIENT TMDL 2030 If YES, indicate the WLAs (may be grouped by TMDL Project) you believe are reasonably being met. For each WLA, list the implemented BMPs and provide a narrative strategy for the long-term continuation of meeting each WLA. PART II.D.6.g.(1)-(2) Fill in the following table with your Interim Milestones, BMP IDs, and Implementation Dates. Replace "TMDL Project Name & Pollutant" Columns with each TMDL Project Name and the corresponding pollutant. Then put an "X" in the boxes for the TMDL that corresponds with each BMP. PART II.D.6.f.(1)-(2) The City will continue to target BMP implementation within the areas of the City that drain to Spring Lake (TMDL WLA drainage area) that specifically address TMDL requirements. The City will work with local partners to implement BMPs within the TMDL WLA drainage area in accordance with the approved TMDL implementation plan. In addition, the City will continue to enforce existing stormwater management regulations throughout the permit term to prevent backsliding. Meeting the WLA will depend on working with local partners because only a small portion of the City drains to an impaired water with a WLA (Spring Lake) and urban stormwater runoff is not the primary source of the impairment. The Spring Lake - Upper Prior Lake Nutrient TMDL calls for a phosphorus loading reduction for the areas within the City of Prior Lake that drain to Spring Lake. The TMDL does not call for a reduction in loading for the areas within the City of Prior Lake that drain to Upper Prior Lake; therefore the City is currently meeting all applicable WLAs associated with this portion of the project. The City of Prior Lake will continue to maintain at least the same level of treatment in areas draining to Upper Prior Lake to ensure continued compliance with this provision of the MS4 general permit. NOTE: It is recommended to assign each Interim Milestone (BMP) a BMP ID. You will be required to report on the status of each Interim Milestone and include a BMP ID for all structural BMPs as part of the MS4 Annual Report (see Part III.E.), so including those ID numbers at the time of application may be useful in tracking implementation efforts. If a pond that will be included in the pond inventory (Part III.C.2.) is to be applied toward a WLA, use the same ID for both the pond inventory and TMDL tracking. Non-structural BMPs are not required to have an ID, but it may be useful to assign it an ID for internal MS4 recordkeeping. MPCA recommends the Implementation Dates align with the submittal of MS4 Annual Reports. Dates selected may not reflect the actual date a BMP is implemented, but shall indicate a BMP will be implemented on that date or before for that reporting year. wq-strm4-49c • 8/16/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 2 of 2 Surface Water Page 247 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees CITY OF PRIOR LAKE 12/9/2013 70002600 Lake Lower Prior 44.73299396 -93.4121312 CITY OF PRIOR LAKE 12/9/2013 70005300 Lake Blind 44.70521095 -93.41875163 CITY OF PRIOR LAKE 12/9/2013 70006000 Lake Rice 44.69510999 -93.44149827 CITY OF PRIOR LAKE 12/9/2013 70006100 Lake Crystal 44.7010468 -93.43773744 CITY OF PRIOR LAKE 12/9/2013 70007200 Lake Upper Prior 44.71411139 -93.44694441 CITY OF PRIOR LAKE 12/9/2013 70007900 Lake Mystic 44.73780369 -93.46686686 CITY OF PRIOR LAKE 12/9/2013 70008500 Lake Arctic 44.71979628 -93.45739355 CITY OF PRIOR LAKE 12/9/2013 70016900 Lake Little Prior 44.71695278 -93.42581436 CITY OF PRIOR LAKE 12/9/2013 70018400 Lake 44.7104076 -93.45861346 CITY OF PRIOR LAKE 12/9/2013 70002100 Lake Markley 44.70964268 -93.39993729 CITY OF PRIOR LAKE 12/9/2013 70005400 Lake Spring 44.6998004 -93.4762498 CITY OF PRIOR LAKE 12/9/2013 70007300 Lake Howard 44.71887572 -93.48565541 CITY OF PRIOR LAKE 12/9/2013 SWP-6150N-01 Stormwater Pond 44.71127711 -93.48109965 CITY OF PRIOR LAKE 12/9/2013 SWP-6151S-01 Stormwater Pond 44.71132112 -93.48976837 CITY OF PRIOR LAKE 12/9/2013 SWP-6249S-01 Stormwater Pond 44.69664886 -93.47511509 CITY OF PRIOR LAKE 12/9/2013 SWP-6250S-01 Stormwater Pond 44.7064454 -93.47567657 CITY OF PRIOR LAKE 12/9/2013 SWP-6250S-02 Stormwater Pond 44.70667749 -93.47092343 CITY OF PRIOR LAKE 12/9/2013 SWP-6252S-01 Stormwater Pond 44.72321765 -93.47343236 CITY OF PRIOR LAKE 12/9/2013 SWP-6452N-09 Stormwater Pond 44.7252104 -93.44335629 CITY OF PRIOR LAKE 12/9/2013 SWP-6352N-01 Stormwater Pond 44.72537202 -93.46127472 CITY OF PRIOR LAKE 12/9/2013 SWP-6649N-02 Stormwater Pond 44.69944163 -93.4238064 CITY OF PRIOR LAKE 12/9/2013 SWP-6353S-04 Stormwater Pond 44.69435281 -93.45280031 CITY OF PRIOR LAKE 12/9/2013 SWP-6649N-01 Stormwater Pond 44.70000457 -93.42412073 CITY OF PRIOR LAKE 12/9/2013 SWP-6353S-01 Stormwater Pond 44.73249108 -93.46702512 CITY OF PRIOR LAKE 12/9/2013 SWP-6449N-06 Stormwater Pond 44.69836588 -93.45101884 CITY OF PRIOR LAKE 12/9/2013 SWP-6449N-04 Stormwater Pond 44.70095725 -93.44802761 CITY OF PRIOR LAKE 12/9/2013 SWP-6449S-01 Stormwater Pond 44.69672615 -93.45195713 CITY OF PRIOR LAKE 12/9/2013 SWP-6354S-04 Stormwater Pond 44.74126063 -93.46412299 CITY OF PRIOR LAKE 12/9/2013 SWP-6650N-01 Stormwater Pond 44.70852943 -93.42449536 CITY OF PRIOR LAKE 12/9/2013 SWP-6650N-04 Stormwater Pond 44.70722148 -93.41899137 CITY OF PRIOR LAKE 12/9/2013 SWP-6450S-02 Stormwater Pond 44.70262726 -93.444261 CITY OF PRIOR LAKE 12/9/2013 SWP-6449N-01 Stormwater Pond 44.69858701 -93.44236024 CITY OF PRIOR LAKE 12/9/2013 SWP-6749N-01 Stormwater Pond 44.70107825 -93.41628133 CITY OF PRIOR LAKE 12/9/2013 SWP-6750S-06 Stormwater Pond 44.70360651 -93.41350094 MS4 Pond, Wetland, and Lake Inventory Form Municipal Separate Storm Sewer System (MS4) Program Doc Type: Plans/Specifications/Maps wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 1 of 13 Surface Water Page 248 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees CITY OF PRIOR LAKE 12/9/2013 SWP-6750S-09 Stormwater Pond 44.70305941 -93.4121445 CITY OF PRIOR LAKE 12/9/2013 SWP-6549N-01 Stormwater Pond 44.70201957 -93.43829229 CITY OF PRIOR LAKE 12/9/2013 SWP-6654S-06 Stormwater Pond 44.73906736 -93.42387086 CITY OF PRIOR LAKE 12/9/2013 SWP-6654S-05 Stormwater Pond 44.73919102 -93.42334042 CITY OF PRIOR LAKE 12/9/2013 SWP-6654S-01 Stormwater Pond 44.73981762 -93.42683014 CITY OF PRIOR LAKE 12/9/2013 SWP-6354N-02 Stormwater Pond 44.74448302 -93.46592202 CITY OF PRIOR LAKE 12/9/2013 SWP-6649S-01 Stormwater Pond 44.69628933 -93.41679498 CITY OF PRIOR LAKE 12/9/2013 SWP-6650N-02 Stormwater Pond 44.70972687 -93.42334408 CITY OF PRIOR LAKE 12/9/2013 SWP-6550S-02 Stormwater Pond 44.70305707 -93.43150363 CITY OF PRIOR LAKE 12/9/2013 SWP-6354N-03 Stormwater Pond 44.74439866 -93.46446684 CITY OF PRIOR LAKE 12/9/2013 SWP-6749N-06 Stormwater Pond 44.69903797 -93.41499169 CITY OF PRIOR LAKE 12/9/2013 SWP-6354N-04 Stormwater Pond 44.74612382 -93.46176068 CITY OF PRIOR LAKE 12/9/2013 SWP-6750S-05 Stormwater Pond 44.70456466 -93.41111936 CITY OF PRIOR LAKE 12/9/2013 SWP-6750S-04 Stormwater Pond 44.7048421 -93.41015692 CITY OF PRIOR LAKE 12/9/2013 SWP-6750S-03 Stormwater Pond 44.70301386 -93.40721492 CITY OF PRIOR LAKE 12/9/2013 SWP-6749N-04 Stormwater Pond 44.69892282 -93.41176268 CITY OF PRIOR LAKE 12/9/2013 SWP-6750N-02 Stormwater Pond 44.70726891 -93.41486429 CITY OF PRIOR LAKE 12/9/2013 SWP-6748N-01 Stormwater Pond 44.69362743 -93.4061566 CITY OF PRIOR LAKE 12/9/2013 SWP-6748N-02 Stormwater Pond 44.69275488 -93.41183226 CITY OF PRIOR LAKE 12/9/2013 SWP-6749N-02 Stormwater Pond 44.69937018 -93.40613946 CITY OF PRIOR LAKE 12/9/2013 SWP-6749N-03 Stormwater Pond 44.69982845 -93.40484588 CITY OF PRIOR LAKE 12/9/2013 SWP-6654S-03 Stormwater Pond 44.74177198 -93.42241265 CITY OF PRIOR LAKE 12/9/2013 SWP-6354S-02 Stormwater Pond 44.74170469 -93.45907467 CITY OF PRIOR LAKE 12/9/2013 SWP-6750S-01 Stormwater Pond 44.70491039 -93.40740016 CITY OF PRIOR LAKE 12/9/2013 SWP-6452N-02 Stormwater Pond 44.72820402 -93.45246858 CITY OF PRIOR LAKE 12/9/2013 SWP-6452N-03 Stormwater Pond 44.72911666 -93.45360766 CITY OF PRIOR LAKE 12/9/2013 SWP-6452N-06 Stormwater Pond 44.72735393 -93.44966277 CITY OF PRIOR LAKE 12/9/2013 SWP-6654S-04 Stormwater Pond 44.74307581 -93.42433186 CITY OF PRIOR LAKE 12/9/2013 SWP-6452N-05 Stormwater Pond 44.72721896 -93.44807978 CITY OF PRIOR LAKE 12/9/2013 SWP-6450N-02 Stormwater Pond 44.707343 -93.44325596 CITY OF PRIOR LAKE 12/9/2013 SWP-6450S-01 Stormwater Pond 44.70656576 -93.44352992 CITY OF PRIOR LAKE 12/9/2013 SWP-6552N-01 Stormwater Pond 44.72741422 -93.44088848 CITY OF PRIOR LAKE 12/9/2013 SWP-6351S-02 Stormwater Pond 44.71574249 -93.46189243 CITY OF PRIOR LAKE 12/9/2013 SWP-6654S-02 Stormwater Pond 44.74273137 -93.41992614 CITY OF PRIOR LAKE 12/9/2013 SWP-6352S-01 Stormwater Pond 44.72291468 -93.45482694 CITY OF PRIOR LAKE 12/9/2013 SWP-6453N-01 Stormwater Pond 44.73432109 -93.45142807 CITY OF PRIOR LAKE 12/9/2013 SWP-6454S-01 Stormwater Pond 44.74001734 -93.45311778 CITY OF PRIOR LAKE 12/9/2013 SWP-6254N-01 Stormwater Pond 44.7458344 -93.46875038 CITY OF PRIOR LAKE 12/9/2013 SWP-6452S-02 Stormwater Pond 44.72391035 -93.44697267 CITY OF PRIOR LAKE 12/9/2013 SWP-6954S-02 Stormwater Pond 44.74156866 -93.38121374 wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 2 of 13 Surface Water Page 249 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees CITY OF PRIOR LAKE 12/9/2013 SWP-6452S-01 Stormwater Pond 44.72336967 -93.45265941 CITY OF PRIOR LAKE 12/9/2013 SWP-6651N-03 Stormwater Pond 44.71630336 -93.42336974 CITY OF PRIOR LAKE 12/9/2013 SWP-6954S-10 Stormwater Pond 44.74252507 -93.38036239 CITY OF PRIOR LAKE 12/9/2013 SWP-6954S-01 Stormwater Pond 44.74180097 -93.38063928 CITY OF PRIOR LAKE 12/9/2013 SWP-6851S-02 Stormwater Pond 44.71461031 -93.39932514 CITY OF PRIOR LAKE 12/9/2013 SWP-6550N-01 Stormwater Pond 44.71036621 -93.43062027 CITY OF PRIOR LAKE 12/9/2013 SWP-6452N-04 Stormwater Pond 44.72865923 -93.45040943 CITY OF PRIOR LAKE 12/9/2013 SWP-6551S-01 Stormwater Pond 44.71188765 -93.4325613 CITY OF PRIOR LAKE 12/9/2013 SWP-6453S-02 Stormwater Pond 44.73211631 -93.45130801 CITY OF PRIOR LAKE 12/9/2013 SWP-6453S-01 Stormwater Pond 44.73253244 -93.45115931 CITY OF PRIOR LAKE 12/9/2013 SWP-6854N-01 Stormwater Pond 44.74381591 -93.39731203 CITY OF PRIOR LAKE 12/9/2013 SWP-6452N-08 Stormwater Pond 44.72893095 -93.44735315 CITY OF PRIOR LAKE 12/9/2013 SWP-6354S-06 Stormwater Pond 44.74247317 -93.45858236 CITY OF PRIOR LAKE 12/9/2013 SWP-6851S-01 Stormwater Pond 44.71267218 -93.40321872 CITY OF PRIOR LAKE 12/9/2013 SWP-6249S-02 Stormwater Pond 44.69491509 -93.46941157 CITY OF PRIOR LAKE 12/9/2013 SWP-6453N-02 Stormwater Pond 44.73423687 -93.44719488 CITY OF PRIOR LAKE 12/9/2013 SWP-6453S-03 Stormwater Pond 44.73246807 -93.4439045 CITY OF PRIOR LAKE 12/9/2013 SWP-6454N-01 Stormwater Pond 44.74452844 -93.44991759 CITY OF PRIOR LAKE 12/9/2013 SWP-6254S-01 Stormwater Pond 44.74152432 -93.47193624 CITY OF PRIOR LAKE 12/9/2013 SWP-6351N-01 Stormwater Pond 44.71714124 -93.4582874 CITY OF PRIOR LAKE 12/9/2013 SWP-6452S-04 Stormwater Pond 44.72382803 -93.44973938 CITY OF PRIOR LAKE 12/9/2013 SWP-6354S-05 Stormwater Pond 44.74190074 -93.4563731 CITY OF PRIOR LAKE 12/9/2013 SWP-6350N-01 Stormwater Pond 44.71101721 -93.46021675 CITY OF PRIOR LAKE 12/9/2013 SWP-6350N-02 Stormwater Pond 44.71134517 -93.45882766 CITY OF PRIOR LAKE 12/9/2013 SWP-6954N-01 Stormwater Pond 44.74474257 -93.39247542 CITY OF PRIOR LAKE 12/9/2013 SWP-6454S-07 Stormwater Pond 44.74216306 -93.45239724 CITY OF PRIOR LAKE 12/9/2013 SWP-6653N-01 Stormwater Pond 44.73758293 -93.41988828 CITY OF PRIOR LAKE 12/9/2013 SWP-6751S-06 Stormwater Pond 44.71255081 -93.40969962 CITY OF PRIOR LAKE 12/9/2013 SWP-6455S-05 Stormwater Pond 44.74766499 -93.44913853 CITY OF PRIOR LAKE 12/9/2013 SWP-6553S-01 Stormwater Pond 44.73190144 -93.44138401 CITY OF PRIOR LAKE 12/9/2013 SWP-6454N-02 Stormwater Pond 44.74388387 -93.44715868 CITY OF PRIOR LAKE 12/9/2013 SWP-6454N-03 Stormwater Pond 44.74514971 -93.44638767 CITY OF PRIOR LAKE 12/9/2013 SWP-6553S-04 Stormwater Pond 44.73359687 -93.44157823 CITY OF PRIOR LAKE 12/9/2013 SWP-6454S-02 Stormwater Pond 44.74130701 -93.44897679 CITY OF PRIOR LAKE 12/9/2013 SWP-6454S-04 Stormwater Pond 44.74256081 -93.44498793 CITY OF PRIOR LAKE 12/9/2013 SWP-6654N-01 Stormwater Pond 44.74637572 -93.42715138 CITY OF PRIOR LAKE 12/9/2013 SWP-6454N-06 Stormwater Pond 44.7450846 -93.44310982 CITY OF PRIOR LAKE 12/9/2013 SWP-6454N-07 Stormwater Pond 44.74479931 -93.44228126 CITY OF PRIOR LAKE 12/9/2013 SWP-6554N-03 Stormwater Pond 44.74499825 -93.43379225 CITY OF PRIOR LAKE 12/9/2013 SWP-6554N-04 Stormwater Pond 44.74535561 -93.43390735 wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 3 of 13 Surface Water Page 250 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees CITY OF PRIOR LAKE 12/9/2013 SWP-6554N-02 Stormwater Pond 44.74635525 -93.43330169 CITY OF PRIOR LAKE 12/9/2013 SWP-6750S-02 Stormwater Pond 44.70384778 -93.40815051 CITY OF PRIOR LAKE 12/9/2013 SWP-6354S-01 Stormwater Pond 44.7389942 -93.45787968 CITY OF PRIOR LAKE 12/9/2013 SWP-6650S-01 Stormwater Pond 44.70699718 -93.42663019 CITY OF PRIOR LAKE 12/9/2013 SWP-6651N-01 Stormwater Pond 44.71825619 -93.42391586 CITY OF PRIOR LAKE 12/9/2013 SWP-6651N-02 Stormwater Pond 44.71685643 -93.42260786 CITY OF PRIOR LAKE 12/9/2013 SWP-6750S-07 Stormwater Pond 44.70610481 -93.4067509 CITY OF PRIOR LAKE 12/9/2013 SWP-6353S-03 Stormwater Pond 44.71509501 -93.43248138 CITY OF PRIOR LAKE 12/9/2013 SWP-6852N-01 Stormwater Pond 44.72929579 -93.40009114 CITY OF PRIOR LAKE 12/9/2013 SWP-6454N-05 Stormwater Pond 44.74313765 -93.44215803 CITY OF PRIOR LAKE 12/9/2013 SWP-6553S-02 Stormwater Pond 44.73200207 -93.44030341 CITY OF PRIOR LAKE 12/9/2013 SWP-6754S-02 Stormwater Pond 44.74076238 -93.40508813 CITY OF PRIOR LAKE 12/9/2013 SWP-6754S-01 Stormwater Pond 44.74095446 -93.40683795 CITY OF PRIOR LAKE 12/9/2013 SWP-6751S-02 Stormwater Pond 44.71396605 -93.40742307 CITY OF PRIOR LAKE 12/9/2013 SWP-6853S-01 Stormwater Pond 44.7315691 -93.39265857 CITY OF PRIOR LAKE 12/9/2013 SWP-6553N-02 Stormwater Pond 44.73695102 -93.44060115 CITY OF PRIOR LAKE 12/9/2013 SWP-6554S-01 Stormwater Pond 44.73893042 -93.43720264 CITY OF PRIOR LAKE 12/9/2013 SWP-6553N-01 Stormwater Pond 44.73436058 -93.44131026 CITY OF PRIOR LAKE 12/9/2013 SWP-6751N-01 Stormwater Pond 44.71669284 -93.40487754 CITY OF PRIOR LAKE 12/9/2013 SWP-6752N-01 Stormwater Pond 44.72803135 -93.40697649 CITY OF PRIOR LAKE 12/9/2013 SWP-6753S-01 Stormwater Pond 44.73070349 -93.41120893 CITY OF PRIOR LAKE 12/9/2013 SWP-6954S-03 Stormwater Pond 44.74122211 -93.38590125 CITY OF PRIOR LAKE 12/9/2013 SWP-6751S-01 Stormwater Pond 44.71334389 -93.40845262 CITY OF PRIOR LAKE 12/9/2013 SWP-6550N-02 Stormwater Pond 44.70978556 -93.43584279 CITY OF PRIOR LAKE 12/9/2013 SWP-6648N-01 Stormwater Pond 44.69260977 -93.42621339 CITY OF PRIOR LAKE 12/9/2013 SWP-6754N-01 Stormwater Pond 44.74628022 -93.40837792 CITY OF PRIOR LAKE 12/9/2013 SWP-6750N-01 Stormwater Pond 44.70790573 -93.41179601 CITY OF PRIOR LAKE 12/9/2013 SWP-6553S-05 Stormwater Pond 44.73349548 -93.44088946 CITY OF PRIOR LAKE 12/9/2013 SWP-6452S-03 Stormwater Pond 44.72425254 -93.44543603 CITY OF PRIOR LAKE 12/9/2013 SWP-6754N-02 Stormwater Pond 44.74513279 -93.41268878 CITY OF PRIOR LAKE 12/9/2013 SWP-6450S-03 Stormwater Pond 44.70315904 -93.4428421 CITY OF PRIOR LAKE 12/9/2013 SWP-6555S-01 Stormwater Pond 44.74769244 -93.43074858 CITY OF PRIOR LAKE 12/9/2013 SWP-6653N-02 Stormwater Pond 44.73705144 -93.42198403 CITY OF PRIOR LAKE 12/9/2013 SWP-6254S-02 Stormwater Pond 44.74000094 -93.46905392 CITY OF PRIOR LAKE 12/9/2013 SWP-6350N-05 Stormwater Pond 44.70888086 -93.46046028 CITY OF PRIOR LAKE 12/9/2013 SWP-6351S-01 Stormwater Pond 44.71193676 -93.46453546 CITY OF PRIOR LAKE 12/9/2013 SWP-6352N-02 Stormwater Pond 44.72531134 -93.45647209 CITY OF PRIOR LAKE 12/9/2013 SWP-6353N-01 Stormwater Pond 44.73605885 -93.46519805 CITY OF PRIOR LAKE 12/9/2013 SWP-6353S-02 Stormwater Pond 44.73239668 -93.46594644 CITY OF PRIOR LAKE 12/9/2013 SWP-6449N-02 Stormwater Pond 44.70195754 -93.44180563 wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 4 of 13 Surface Water Page 251 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees CITY OF PRIOR LAKE 12/9/2013 SWP-6455S-03 Stormwater Pond 44.74754081 -93.44246343 CITY OF PRIOR LAKE 12/9/2013 SWP-6550S-01 Stormwater Pond 44.70489721 -93.43280903 CITY OF PRIOR LAKE 12/9/2013 SWP-6550S-03 Stormwater Pond 44.70570812 -93.4311907 CITY OF PRIOR LAKE 12/9/2013 SWP-6554S-02 Stormwater Pond 44.74178345 -93.44061936 CITY OF PRIOR LAKE 12/9/2013 SWP-6649N-03 Stormwater Pond 44.69835641 -93.41888341 CITY OF PRIOR LAKE 12/9/2013 SWP-6649N-04 Stormwater Pond 44.69980573 -93.41738977 CITY OF PRIOR LAKE 12/9/2013 SWP-6650S-04 Stormwater Pond 44.70528946 -93.42837462 CITY OF PRIOR LAKE 12/9/2013 SWP-6349S-01 Stormwater Pond 44.695931 -93.46421627 CITY OF PRIOR LAKE 12/9/2013 SWP-6352N-04 Stormwater Pond 44.72632138 -93.45542456 CITY OF PRIOR LAKE 12/9/2013 SWP-6352N-03 Stormwater Pond 44.72711083 -93.45475779 CITY OF PRIOR LAKE 12/9/2013 SWP-6354N-01 Stormwater Pond 44.74530328 -93.46542868 CITY OF PRIOR LAKE 12/9/2013 SWP-6354S-03 Stormwater Pond 44.74000461 -93.46274187 CITY OF PRIOR LAKE 12/9/2013 SWP-6450N-01 Stormwater Pond 44.7070336 -93.44363857 CITY OF PRIOR LAKE 12/9/2013 SWP-6452N-01 Stormwater Pond 44.72631413 -93.4530411 CITY OF PRIOR LAKE 12/9/2013 SWP-6454N-04 Stormwater Pond 44.74470996 -93.4452358 CITY OF PRIOR LAKE 12/9/2013 SWP-6455S-01 Stormwater Pond 44.74836156 -93.44965919 CITY OF PRIOR LAKE 12/9/2013 SWP-6554S-04 Stormwater Pond 44.74092911 -93.44032176 CITY OF PRIOR LAKE 12/9/2013 SWP-6650N-03 Stormwater Pond 44.70810423 -93.42330149 CITY OF PRIOR LAKE 12/9/2013 SWP-6651S-08 Stormwater Pond 44.71219082 -93.42027116 CITY OF PRIOR LAKE 12/9/2013 SWW-6354N-05 Stormwater Wetland 44.74510287 -93.46418611 CITY OF PRIOR LAKE 12/9/2013 SWW-6552N-02 Stormwater Wetland 44.72733497 -93.44029302 CITY OF PRIOR LAKE 12/9/2013 SWW-6553N-03 Stormwater Wetland 44.73712161 -93.43211996 CITY OF PRIOR LAKE 12/9/2013 SWW-6654S-07 Stormwater Wetland 44.74257527 -93.42237654 CITY OF PRIOR LAKE 12/9/2013 SWW-6654S-09 Stormwater Wetland 44.74274697 -93.4210235 CITY OF PRIOR LAKE 12/9/2013 SWW-6754S-03 Stormwater Wetland 44.74301529 -93.41248855 CITY OF PRIOR LAKE 12/9/2013 SWW-6654N-02 Stormwater Wetland 44.74399193 -93.42290009 CITY OF PRIOR LAKE 12/9/2013 SWW-6452N-07 Stormwater Wetland 44.72653084 -93.44508896 CITY OF PRIOR LAKE 12/9/2013 SWW-6351S-03 Stormwater Wetland 44.7160927 -93.45975393 CITY OF PRIOR LAKE 12/9/2013 SWW-6751S-03 Stormwater Wetland 44.71231396 -93.40433113 CITY OF PRIOR LAKE 12/9/2013 SWW-6754S-04 Stormwater Wetland 44.74218315 -93.41374699 CITY OF PRIOR LAKE 12/9/2013 SWW-6554N-01 Stormwater Wetland 44.74520968 -93.43019578 CITY OF PRIOR LAKE 12/9/2013 SWW-6550N-03 Stormwater Wetland 44.70974652 -93.43986607 CITY OF PRIOR LAKE 12/9/2013 SWW-6651S-06 Stormwater Wetland 44.71521171 -93.42895671 CITY OF PRIOR LAKE 12/9/2013 SWW-6549N-05 Stormwater Wetland 44.70079265 -93.4311016 CITY OF PRIOR LAKE 12/9/2013 SWW-6454N-10 Stormwater Wetland 44.74607767 -93.44807072 CITY OF PRIOR LAKE 12/9/2013 SWW-6354S-07 Stormwater Wetland 44.74170205 -93.46493599 CITY OF PRIOR LAKE 12/9/2013 SWW-6449N-03 Stormwater Wetland 44.70086897 -93.4445571 CITY OF PRIOR LAKE 12/9/2013 SWW-6449S-02 Stormwater Wetland 44.6953172 -93.45406914 CITY OF PRIOR LAKE 12/9/2013 SWW-6452N-10 Stormwater Wetland 44.72553216 -93.44398278 CITY OF PRIOR LAKE 12/9/2013 SWW-6455S-06 Stormwater Wetland 44.747921 -93.44642788 wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 5 of 13 Surface Water Page 252 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees CITY OF PRIOR LAKE 12/9/2013 SWW-6650N-06 Stormwater Wetland 44.7081036 -93.41820122 CITY OF PRIOR LAKE 12/9/2013 SWW-6654S-08 Stormwater Wetland 44.74029123 -93.42618756 CITY OF PRIOR LAKE 12/9/2013 SWW-6753S-02 Stormwater Wetland 44.72996342 -93.40993374 CITY OF PRIOR LAKE 12/9/2013 SWW-6853S-02 Stormwater Wetland 44.73084654 -93.3948523 CITY OF PRIOR LAKE 12/9/2013 SWW-6550N-05 Stormwater Wetland 44.70978297 -93.43671064 CITY OF PRIOR LAKE 12/9/2013 SWW-6551S-03 Stormwater Wetland 44.71189255 -93.43194554 CITY OF PRIOR LAKE 12/9/2013 SWW-6552S-01 Stormwater Wetland 44.7238895 -93.44022442 CITY OF PRIOR LAKE 12/9/2013 SWW-6651S-09 Stormwater Wetland 44.71313905 -93.41807862 CITY OF PRIOR LAKE 12/9/2013 SWW-6749N-05 Stormwater Wetland 44.70257499 -93.41270528 CITY OF PRIOR LAKE 12/9/2013 SWW-6851S-03 Stormwater Wetland 44.71611733 -93.40141237 CITY OF PRIOR LAKE 12/9/2013 SWW-6751S-09 Stormwater Wetland 44.71470125 -93.40663399 CITY OF PRIOR LAKE 12/9/2013 70007700 Stormwater Wetland 44.74041063 -93.44334242 CITY OF PRIOR LAKE 12/9/2013 70007800 Stormwater Wetland Unnamed 44.74421422 -93.45787653 CITY OF PRIOR LAKE 12/9/2013 70014600 Stormwater Wetland 44.74238806 -93.42474242 CITY OF PRIOR LAKE 12/9/2013 70014700 Stormwater Wetland 44.74801837 -93.43226412 CITY OF PRIOR LAKE 12/9/2013 70015000 Stormwater Wetland 44.74237179 -93.44681757 CITY OF PRIOR LAKE 12/9/2013 70015100 Stormwater Wetland 44.74354452 -93.45298087 CITY OF PRIOR LAKE 12/9/2013 SWP-6454S-06 Stormwater Wetland 44.7399644 -93.45509262 CITY OF PRIOR LAKE 12/9/2013 70015800 Stormwater Wetland 44.74321214 -93.47342912 CITY OF PRIOR LAKE 12/9/2013 70016800 Stormwater Wetland 44.72320916 -93.453751 CITY OF PRIOR LAKE 12/9/2013 70017700 Stormwater Wetland 44.70951456 -93.41667681 CITY OF PRIOR LAKE 12/9/2013 SWW-6750N-11 Stormwater Wetland 44.70731795 -93.41373143 CITY OF PRIOR LAKE 12/9/2013 70018000 Stormwater Wetland 44.71181165 -93.42175733 CITY OF PRIOR LAKE 12/9/2013 70018101 Stormwater Wetland 44.71130689 -93.42779145 CITY OF PRIOR LAKE 12/9/2013 70018102 Stormwater Wetland 44.71156344 -93.42507105 CITY OF PRIOR LAKE 12/9/2013 70018300 Stormwater Wetland 44.70818839 -93.44092729 CITY OF PRIOR LAKE 12/9/2013 70018700 Stormwater Wetland 44.70203249 -93.41540242 CITY OF PRIOR LAKE 12/9/2013 70018800 Stormwater Wetland 44.69573346 -93.41003138 wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 6 of 13 Surface Water Page 253 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 7 of 13 Surface Water Page 254 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 8 of 13 Surface Water Page 255 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 9 of 13 Surface Water Page 256 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 10 of 13 Surface Water Page 257 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 11 of 13 Surface Water Page 258 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 12 of 13 Surface Water Page 259 Name of MS4 Permittee Date form completed Unique ID Number Type of Feature (Pond, Wetland or Lake) Feature Common Name (If Applicable) Y Coordinate (Latitude) Decimal Degrees X Coordinate (Longitude) Decimal Degrees wq-strm4-30 • 6/25/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Page 13 of 13 Surface Water Page 260 Local Surface Water Management Plan City of Prior Lake WSB Project No. 010393-000 APPENDIX C APPENDIX C Relevant Ordinances Surface Water Page 261 City of Prior Lake Flood Response Policy 1 FLOOD RESPONSE POLICY Adopted June 26, 2017 SUMMARY/PURPOSE The purpose of this Policy is to define and outline the City’s response to lake flooding within the City. Lake levels have historically been one of the most important issues for the community, impacting residents living around the lakes, many businesses, and local transportation corridors. Prior Lake does not have a natural outlet and lake levels have fluctuated by 15 feet or more, from extreme low water levels in the 1930s and late 1980s to the flooding of the 1960s and high-water records in 2014. The regulatory flood zone around Prior Lake was established in 1978 based on a calculated 100-year flood elevation of 908.9 feet mean sea level (MSL). After significant study, public process, and agency coordination the establishment of the Prior Lake Outlet and Channel (PLOC) was selected as the first flood mitigation effort by the newly-formed Prior Lake-Spring Lake Watershed District (PLSLWD) and the outlet system to the Minnesota River was first used in 1983. The regulatory flood zone for Prior Lake never accounted for the benefit of the outlet structure and the 100-year flood elevation has remained at 908.9. The outlet structure at the start of the PLOC includes a fixed weir set at an elevation of 902.5 and a low-flow slide gate to allow manual discharge of water between lake level elevations of 902.0 and 902.5. The Prior Lake watershed experienced record amounts of precipitation in 2014, leading to a historic flooding event. This event triggered many questions and highlighted the need to develop watershed modeling and evaluate flood mitigation and response strategies for future events. The PLSLWD and the City of Prior Lake, in collaboration with Spring Lake Township, completed the Prior Lake Stormwater Management and Flood Mitigation Study (2016) that includes a calibrated modeling of the watershed, review of flood-related issues and projects, identification and evaluation of a suite of potential flood reduction strategies, and implementation plan recommendations. Public input was used to guide the development and evaluation of the available flood mitigation options described in the flood study. Development of a City Flood Response Policy is one of the major study implementation plan recommendations. This policy supersedes any and all previously written or unwritten policies of the City regarding lake flood response. The City will review this policy periodically and will amend it as appropriate. RESPONSIBILITY FOR FLOOD PROTECTION During flooding conditions, both the City and its residents have responsibility for different aspects of flood protection. The priority for Prior Lake City government, as evidenced by the City’s Mission Statement, is to enhance the quality of life for citizens by providing quality services which result in a safe and healthy community. City of Prior Lake: The City’s primary responsibility during a flooding event is to protect public safety. The City Council set the following community goals and priorities during the Flood Study process: 1. Protect public safety – maintain emergency vehicle access Surface Water Page 262 City of Prior Lake Flood Response Policy 2 2. Protect public health and safety – protect public utility infrastructure (i.e., sanitary sewer and water distribution) 3. Maintain traffic flow through the County Road 21 corridor 4. Maintain access to private property through public rights-of-way The City will coordinate with other agencies and provide updated information to residents in anticipation of flooding events. This communication will continue during flooding events. Property owners: Property owners are responsible for protecting their own private property during flooding events. Property owners may utilize City flood protection efforts to enhance private property protection efforts; an example of this would be connecting private sandbag walls to road right-of-way barriers. PRIOR LAKE ELEVATION-BASED FLOOD RESPONSE City flood response is based on Prior Lake elevation trigger points, weather forecasting, watershed conditions, and overall system flow. Lake elevations are determined by the PLSLWD gage. The following approximate lake elevation trigger points apply to Prior Lake: Elevation 903.0. Lake levels below this point are typically not a cause for concern in relation to potential flooding events. When Prior Lake rises to this level, the following actions will be taken: Category Action Shoreline Erosion Prepare to deploy “Save Our Shores” signs at DNR public access points. Equipment Find a source of pumps and storm sewer plugs, various sizes & configurations; take inventory of sanitary manhole sealing devices; prepare to protect sanitary sewer lift stations; prepare to protect infrastructure at higher lake levels. Residential Sandbagging No action required at this level. City Emergency Operations Plan EOP) No action required at this level. Mayor/City Council No action required at this level. Agency Coordination Contact PLSLWD staff and initiate communications regarding lake levels and Prior Lake Outlet Channel inspections and operation. Contact Spring Lake Township staff and initiate communications regarding lake levels. Infrastructure Protection No action required at this level. Water Quality Continue standard weekly surface water E. coli testing at public beaches (Sand Point and Watzl’s). Water Surface Use Management Prepare to deploy “Save Our Shores” signs at DNR public access points. Communications Initiate flood communications plan; monitor weather and lake levels; begin posting updates on website and social media. Surface Water Page 263 City of Prior Lake Flood Response Policy 3 Elevation 903.5. Lake levels approaching 903.5 can potentially cause impacts to shorelines and docks, especially when combined with wave action. Shoreline erosion potential is high and can be reduced using voluntary slow no-wake provisions. Category Action Shoreline Erosion Deploy “Save Our Shores” signs at DNR public access points. Equipment Confirm source of sand and sandbags; formalize sand donation from local source (if donation not feasible, prepare to purchase sand). Residential Sandbagging Prepare to offer sandbags for sale to the public, per the City Fee Schedule. City Emergency Operations Plan EOP) No action required at this level. Mayor/City Council City Manager will provide the Mayor and City Council with staff updates (frequency as needed). Agency Coordination Continue PLSLWD and Spring Lake Township coordination; PLSLWD investigates temporary Spring Lake water storage option; notify Scott County Sheriff’s Office and Mn DNR of advisory “Save our Shores” signs. Infrastructure Protection Prepare to deploy storm sewer plugs and pumps in critical areas. Water Quality Continue standard weekly surface water E. coli testing at public beaches (Sand Point and Watzl’s). Water Surface Use Management Coordinate with Scott County Sheriff’s Office on the potential for a slow no-wake declaration at 903.9; prepare to deploy “Slow No- Wake” signs at DNR public access points. Communications Monitor weather and lake levels; post updates on website and social media; prepare a list of potential media contacts; use electronic signs to update the public; internal staff briefings as needed. Elevation 903.9. Prior Lake reaches its regulatory Ordinary High Water (OHW) elevation at 903.9. Per the City’s ordinance, Prior Lake is under a lake-wide slow no-wake restriction when the lake is at the OHW or higher due to the increased potential for severe shoreline damage due to wave action. Category Action Shoreline Erosion Potential is high for severe shoreline damage. Lake-wide slow no- wake restriction enacted per City Code Section 703. Equipment Begin to deploy temporary flood protection measures in critical locations, based on City Flood Watch Area (FWA) maps. Residential Sandbagging Start offering sandbags for sale to the public; City will provide sand to residents in designated locations (per FWA maps). City Emergency Operations Plan EOP) Inform City Emergency Management Director of lake levels and the potential for a local emergency at higher lake levels. Mayor/City Council City Manager will provide the Mayor and City Council with staff updates (frequency as needed). Surface Water Page 264 City of Prior Lake Flood Response Policy 4 Agency Coordination Continue PLSLWD and Spring Lake Township coordination; notify Scott County Sheriff’s Office and Mn DNR of lake-wide slow no- wake restriction. Infrastructure Protection Protect sanitary sewer manholes & lift stations per FWA maps; install sewer plugs per FWA maps; install barriers to protect public right-of-way per FWA maps; deploy pumps to manage water for these locations. Water Quality Continue standard weekly surface water E. coli testing at public beaches (Sand Point and Watzl’s); contact testing laboratory to prepare for additional tests at higher lake levels. Water Surface Use Management Enact “Slow No-Wake” provision per City Code Section 703; deploy notification signs at public access points and remove “Save our Shores” signs from the same locations. Communications Meet notification requirements of City Code Section 703 to enact slow no-wake restriction; Monitor weather and lake levels; post updates on website and social media; activate a Flood website with updates and useful information for residents; prepare a list of potential media contacts; use electronic signs to direct public to city website for updates; internal staff briefings as needed; coordinate with Prior Lake Association; plan for community meetings triggered at higher levels. Elevation 904.5: Lakeshore properties and public infrastructure continue to be threatened at this level. There is also potential for a local emergency above this elevation. City will coordinate with Scott County to initiate an action plan for keeping the County Road 21 corridor open to traffic during higher water levels. The City Emergency Management Director begins to play a larger role in operations above this level. Category Action Shoreline Erosion Potential is high for severe shoreline damage. Lake-wide slow no- wake restriction continues. Equipment Continue to deploy temporary flood protection measures in critical locations, based on City Flood Watch Area (FWA) maps. Residential Sandbagging Continue offering sandbags for sale to the public; City will provide sand to residents in designated locations (per FWA maps). City Emergency Operations Plan EOP) Staff coordinates with City Emergency Management Director to assess the potential for a local emergency declaration. Mayor/City Council City Manager will provide the Mayor and City Council with daily staff updates; City Emergency Management Director will provide City Manager with an assessment of the potential for a local emergency declaration. Agency Coordination Scott County Sheriff’s Office (surface water use), Scott County Highway Department (County Road 21 status), County Emergency Manager (potential emergency declaration), PLSLWD (outlet structure/channel operation & maintenance, lake levels, water Surface Water Page 265 City of Prior Lake Flood Response Policy 5 quality, potential for temporary flood reduction measures), Scott WMO, State agencies (potential emergency declarations affecting this area). Infrastructure Protection Protect sanitary sewer manholes & lift stations per FWA maps; install sewer plugs per FWA maps; install barriers to protect public right-of-way per FWA maps; deploy pumps to manage water for these locations. Water Quality Continue standard weekly surface water E. coli testing at public beaches (Sand Point and Watzl’s); sample for E. coli in one flooded right-of-way location (one sample/week, random location). Water Surface Use Management Slow No-Wake” provision continues per City Code Section 703; signs remain at public access points. Communications Monitor weather and lake levels; post updates on Flood website and social media; provide updates to media; use electronic signs to convey important announcements and direct public to city website for updates; daily operations update for city council and staff; daily updates for front line staff (consistent message for the public); schedule first community meeting (based on level/forecast). Elevation 905.0. Lakeshore properties and public infrastructure continue to be threatened at this level. The City Emergency Management Director may recommend declaring a local emergency at this elevation. City staff will continue to provide public communications, coordinate with other agencies, and protect public infrastructure. Category Action Shoreline Erosion Potential is high for severe shoreline damage; lake-wide slow no- wake restriction continues. Equipment Continue to deploy temporary flood protection measures in critical locations, based on City Flood Watch Area (FWA) maps. Residential Sandbagging Continue offering sandbags for sale to the public; City begins to offer free sandbags to residents upon a local emergency declaration; City continues to provide sand to residents in designated locations (per FWA maps). City Emergency Operations Plan EOP) Coordinate with City Emergency Management Director, assess potential for local emergency and potentially declare local emergency; initiate EOP procedures; designate one Public Works staff person to summarize activities and complete incident reports. Mayor/City Council Consider declaring a Local Emergency; daily updates from City Manager and/or City Emergency Management Director. Agency Coordination Scott County Sheriff’s Office (surface water use), Scott County Highway Department (County Road 21 status), County Emergency Management Director (local emergency declaration), PLSLWD outlet structure/channel operation & maintenance, lake levels, water quality, potential for temporary flood reduction measures), Surface Water Page 266 City of Prior Lake Flood Response Policy 6 Scott WMO, State and Federal agencies (potential emergency declarations affecting this area). Infrastructure Protection Protect sanitary sewer manholes & lift stations per FWA maps; install sewer plugs per FWA maps; install barriers to protect public right-of-way per FWA maps; deploy pumps to manage water for these locations; daily inspections and maintenance of protection measures to ensure effectiveness. Water Quality Continue standard weekly surface water E. coli testing at public beaches (Sand Point and Watzl’s); sample for E. coli in all flooded right-of-way locations (one sample/week/location). Water Surface Use Management Slow No-Wake” provision continues per City Code Section 703; signs remain at public access points. Communications Monitor weather and lake levels; post updates on website and social media; provide updates to media; use electronic signs to convey important announcements and direct public to city website for updates; daily operations update meeting for city officials and staff; daily updates for front line staff (consistent message for the public); schedule additional community meetings (base on lake level/forecast). Elevation 905.5 and above: Significant lakeshore property damage is expected at this level and above. Most critical public infrastructure will be temporarily protected by the time Prior Lake reaches this level and daily inspections of the protection measures are required. There will be significant media attention at this level and above as the City operates under a local emergency declaration and follows its EOP. Communication with the public is critical and should come from one point of contact at the City (in accordance with the EOP). City staff will continue to provide communications support, coordinate with other agencies, and protect public infrastructure. Category Action Shoreline Erosion Potential is high for severe shoreline damage; lake-wide slow no- wake restriction continues. Equipment Continue to deploy temporary flood protection measures in critical locations, based on City Flood Watch Area (FWA) maps. Residential Sandbagging Continue offering free sandbags to the public under a local emergency declaration; City continues to provide sand to residents in designated locations (per FWA maps). City Emergency Operations Plan EOP) Coordinate with City Emergency Management Director, local emergency assumed for this elevation and above; EOP in effect; Public Works designee continues to summarize activities and complete incident reports. Mayor/City Council Operating under a Local Emergency; daily updates from City Manager and/or City Emergency Management Director. Mayor is responsible for communicating Emergency Public Information under the EOP. Surface Water Page 267 City of Prior Lake Flood Response Policy 7 Agency Coordination Scott County Sheriff’s Office (surface water use), Scott County Highway Department (County Road 21 status), County Emergency Management Director (local emergency declaration), PLSLWD outlet structure/channel operation & maintenance, lake levels, water quality, potential for temporary flood reduction measures), Scott WMO, State and Federal agencies (potential emergency declarations affecting this area). Infrastructure Protection Protect sanitary sewer manholes & lift stations per FWA maps; install sewer plugs per FWA maps; install barriers to protect public right-of-way per FWA maps; deploy pumps to manage water for these locations; daily inspections and maintenance of protection measures to ensure effectiveness. Water Quality Continue standard weekly surface water E. coli testing at public beaches (Sand Point and Watzl’s); sample for E. coli in all flooded right-of-way locations (one sample/week/location). Water Surface Use Management Slow No-Wake” provision continues per City Code Section 703; signs remain at public access points. Communications Monitor weather and lake levels; post updates on website and social media; provide updates to media; use electronic signs to convey important announcements and direct public to city website for updates; daily operations update meeting for city officials and staff; daily updates for front line staff (consistent message for the public); schedule additional community meetings, city maintenance staff and/or police go door-to-door to provide updates and gather information from residents and businesses. SPRING LAKE ELEVATION-BASED FLOOD RESPONSE City flood response is based on Spring Lake elevation trigger points, weather forecasting, watershed conditions, and overall system flow. Lake elevations are determined by the PLSLWD gage. All flood response related to Spring Lake will be coordinated with Spring Lake Township. The following elevation trigger points apply to Spring Lake: Elevation 911.9. Lake levels below this point are typically not a cause for concern in relation to potential flooding events. When Spring Lake rises to this level, the following actions will be taken: Category Action Shoreline Erosion Prepare to deploy “Save Our Shores” sign at public access point. Equipment N/A (no public infrastructure is threatened by high levels on Spring Lake) Residential Sandbagging No action required at this level. City Emergency Operations Plan EOP) No action required at this level. Mayor/City Council No action required at this level. Surface Water Page 268 City of Prior Lake Flood Response Policy 8 Agency Coordination Contact PLSLWD staff and initiate communications regarding lake levels and Prior Lake Outlet Channel operation. Contact Spring Lake Township staff and initiate communications regarding lake levels. Infrastructure Protection N/A (no public infrastructure is threatened by high levels on Spring Lake) Water Quality N/A (no public beaches or infrastructure is threatened by high levels on Spring Lake) Water Surface Use Management Prepare to deploy “Save Our Shores” sign at public access point. Communications Initiate flood communications plan; monitor weather and lake levels; begin posting updates on website and social media. Elevation 912.3. Lake levels approaching 912.3 can potentially cause impacts to shorelines and docks, especially when combined with wave action. Shoreline erosion potential is high and can be reduced using voluntary slow no-wake provisions. Category Action Shoreline Erosion Deploy “Save Our Shores” sign at the DNR public access point. Equipment N/A (no public infrastructure is threatened by high levels on Spring Lake) Residential Sandbagging Prepare to offer sandbags for sale to the public, per the City Fee Schedule. City Emergency Operations Plan EOP) No action required at this level. Mayor/City Council City Manager will provide the Mayor and City Council with staff updates (frequency as needed). Agency Coordination Continue PLSLWD and Spring Lake Township coordination; PLSLWD will investigate adding a temporary Spring Lake water storage option (temporary dam) at approximately this level; notify Scott County Sheriff’s Office and Mn DNR of advisory “Save our Shores” signs; coordinate with Spring Lake Association. Infrastructure Protection N/A (no public infrastructure is threatened by high levels on Spring Lake) Water Quality N/A (no public beaches or infrastructure is threatened by high levels on Spring Lake) Water Surface Use Management Coordinate with Scott County Sheriff’s Office on the potential for a slow no-wake declaration at 912.8; prepare to deploy “Slow No- Wake” signs at DNR public access point. Communications Continue to monitor weather and lake levels; continue flood communications plan, including: post updates on website and social media; provide updates to media; use electronic signs to convey important announcements and direct public to city website for updates. Surface Water Page 269 City of Prior Lake Flood Response Policy 9 Elevation 912.8: Spring Lake reaches its regulatory Ordinary High Water (OHW) elevation at 912.8. Per the City’s ordinance (equivalent to a Spring Lake Township ordinance), Spring Lake is under a lake-wide slow no-wake restriction when the lake is at the OHW or higher due to the increased potential for severe shoreline damage due to wave action. Category Action Shoreline Erosion Potential is high for severe shoreline damage. Lake-wide slow no- wake restriction enacted per City Code Section 703. Equipment N/A (no public infrastructure is threatened by high levels on Spring Lake) Residential Sandbagging Start offering sandbags for sale to the public; City will provide sand to residents in designated locations (per FWA maps) and in a stockpile at the City Maintenance Center for Spring Lake residents. City Emergency Operations Plan EOP) Inform City Emergency Management Director of lake levels and the potential for a local emergency. Potential local emergency declaration will be tied to Prior Lake levels. Mayor/City Council City Manager will provide the Mayor and City Council with staff updates (frequency as needed). Agency Coordination Continue PLSLWD and Spring Lake Township coordination; notify Scott County Sheriff’s Office and Mn DNR of lake-wide slow no- wake restriction. Infrastructure Protection N/A (no public infrastructure is threatened by high levels on Spring Lake) Water Quality N/A (no public beaches or infrastructure is threatened by high levels on Spring Lake) Water Surface Use Management Enact “Slow No-Wake” provision per City Code Section 703; deploy notification signs at DNR public access point and remove “Save our Shores” signs from the same location. Communications Meet notification requirements of City Code Section 703 to enact slow no-wake restriction; Monitor weather and lake levels; post updates on website and social media; activate a Flood website with updates and useful information for residents; prepare a list of potential media contacts; use electronic signs to direct public to city website for updates; Coordinate with Spring Lake Association; begin to plan for community meetings triggered by higher levels. Elevation 913.3 and above: Due to the lack of public infrastructure impacts from flooding on Spring Lake, the primary impacts of higher lake levels are to private residential properties. Response to flooding on Spring Lake at 913.3 and above will include the following: Category Action Shoreline Erosion Potential is high for severe shoreline damage. Lake-wide slow no- wake restriction continued. Surface Water Page 270 City of Prior Lake Flood Response Policy 10 Equipment N/A (no public infrastructure is threatened by high levels on Spring Lake) Residential Sandbagging Continue offering sandbags for sale to the public; City begins to offer free sandbags to residents upon a local emergency declaration; City continues to provide sand to residents in designated locations (per FWA maps) and in a stockpile at the City Maintenance Center for Spring Lake residents. City Emergency Operations Plan EOP) Inform City Emergency Management Director of lake levels and the potential for a local emergency. Potential local emergency declaration will be tied to Prior Lake levels. Mayor/City Council City Manager will provide the Mayor and City Council with daily staff updates; City Emergency Management Director will provide City Manager with an assessment of the potential for a local emergency declaration. If a local emergency is declared, the City EOP will be in effect. Agency Coordination Scott County Sheriff’s Office, Scott County Highway Department, County Emergency Manager, PLSLWD, Scott WMO, Spring Lake Association, State and Federal agencies. Infrastructure Protection N/A (no public infrastructure is threatened by high levels on Spring Lake) Water Quality N/A (no public beaches or infrastructure is threatened by high levels on Spring Lake) Water Surface Use Management Slow No-Wake” provision continues per City Code Section 703; sign remains at public access point. Communications Monitor weather and lake levels; post updates on website and social media; provide updates to media; use electronic signs to convey important announcements and direct public to city website for updates; daily operations update meeting for city officials and staff; daily updates for front line staff (consistent message for the public); possible community meetings; city maintenance staff and/or police may go door-to-door to provide updates and gather information from residents and businesses. CITY FLOOD OPERATIONS PLAN Emergency Declaration: The Mayor of the City of Prior Lake has the authority to issue a Declaration of Local Emergency based on Minn. Stat. Sections 12.29 and 12.37 and Prior Lake City Code section 201.700. Significant rainfall or snowmelt causing rapid increases in the water level of Spring Lake and/or Prior Lake, dangerous flooding conditions, or imminent danger to persons and property shall constitute a Local Emergency with respect to this policy. The City Emergency Management Director will advise the City Manager and Mayor/City Council of conditions that may lead to a Local Emergency. Surface Water Page 271 City of Prior Lake Flood Response Policy 11 Emergency Management Structure: A Declaration of Local Emergency activates the City’s Emergency Management operations. The City developed its Emergency Operations Plan (EOP) in 2008 and the document is periodically reviewed and updated (last updated 2/27/2017). The EOP guides emergency operations for the City. It assists key City officials and emergency organizations to carry out their responsibilities for the protection of the public under a wide range of emergency conditions, including flooding. The EOP is also used to: Mitigate the loss of life and property Prepare for emergencies Respond to emergencies Recover from the emergency Provide support to other political subdivisions in the County that may require assistance The Basic Plan section of the EOP outlines the basis and purpose of emergency planning. The EOP also contains several Annexes that describe the basic functions of emergency response and includes specific responsibilities delegated to the Public Works Department related to utilities and debris clearance. Direction and control of the City response to an emergency will be carried out at the Emergency Operation Center (EOC). The City EOC is located at the Prior Lake Police Department office, 4649 Dakota Street, Prior Lake. Per the National Incident Management System (NIMS), Prior Lake uses the Incident Command System (ICS) to manage and coordinate incident response. Upon activation of the EOC, City departments will respond to the emergency as coordinated by the City’s designated Emergency Management Director. To increase local agency coordination during emergencies, the City adopted the Scott County All-Hazard, Multijurisdictional Mitigation Plan on November 14, 2016. The plan includes risk assessment, mitigation strategy, and an implementation process. Participating jurisdictions are eligible for FEMA hazard mitigation assistance grants. Protecting Public Safety: The primary focus of the City will be to employ measures that provide emergency vehicle access to flooded areas to the maximum extent practicable. Emergency vehicles can travel through a water depth of approximately 1.5 feet or less. The Elevation-Based Flood Response section of this policy outlines the measures to be taken to protect flood-prone areas and thereby public safety. There are eight primary Flood Watch Areas (FWAs) in the City of Prior Lake that will require temporary barriers: 1. Watersedge FWA (first inundated at an approximate elevation of 904.0) 2. Shady Beach FWA (905.0) 3. Breezy Point FWA (905.5) 4. Cove Avenue FWA (905.5) 5. Glendale Avenue FWA (905.5) 6. Rutgers FWA (905.5) 7. Lords Street FWA (906.5) 8. Fish Point Road FWA (907.0) Surface Water Page 272 City of Prior Lake Flood Response Policy 12 Additional watch areas that will require infrastructure protection but not barriers include the County Road 21 corridor, Northwood Road, and West Avenue. The City will post temporary speed limit signs and signs to designate flooded areas as closed/local traffic only and coordinate with Scott County with respect to the CR 21 corridor. Signs will be posted in conjunction with the work done at each elevation- based flood response area. Protecting Public Property: Public property to be protected includes roads and associated right-of-way, sanitary sewer infrastructure, water distribution infrastructure, stormwater infrastructure, parks facilities, and other city-owned or city-controlled features. Appendix A is an overview map showing the road right-of-way areas for each FWA to be protected in accordance with the elevation-based flood response described in an earlier section of this policy. Locations of temporary flood protection barriers, sanitary sewer manhole sealing, sanitary sewer lift station protection, storm sewer pipe plug installations, and public-use sand piles are included on detailed FWA maps maintained by the Public Works Department. Some private driveway accesses will be blocked due to flood protection barrier placement; residents will be notified of this installation in advance and may construct private sandbag walls to tie into the City’s barriers. County Road 21 Transportation Corridor: The County Road 21 transportation corridor between State Highway 13 and County Road 42 is critical to the community. Flooding has the potential to cause the temporary closure of this critical corridor, as was seen during the record flooding of 2014. Scott County has jurisdiction for County Road 21; any policy for the corridor must be coordinated with Scott County. The Wagon Bridge on County Road 21 separates Lower Prior Lake and Upper Prior lake. The area north of the bridge is low in elevation and floodwaters on the roadway can result in Scott County closing the roadway to all traffic. Floodwaters can enter the roadway through the storm sewer system because the road surface is lower than the surrounding land; in 2014, the road started to flood when water came up through catch basins that could not be retrofitted with anti-backflow devices. The following actions are recommended: Install anti-backflow devices (such as sewer balls) for all connected storm sewer pipes when Prior Lake reaches an elevation of 904.5 or higher Ensure that pumps are on hand to remove any water from the roadway during rainfall events, while anti-backflow devices are deployed Remove anti-backflow devices after the lake falls below an elevation of 904.5 The City will coordinate with Scott County to ensure that water from the lake will not back up through the storm sewer system and onto the roadway north of the Wagon Bridge. If temporary anti-backflow devices are installed for all connected storm sewer pipes, roadway drainage would no longer occur and pumping would be required after all rainfall events. The City will work with Scott County to ensure that a plan is in place to manage any system to allow access through the corridor. Scott County is the ultimate authority for any plan initiated to keep the County Road 21 corridor open to traffic during flooding events. Surface Water Page 273 City of Prior Lake Flood Response Policy 13 Supporting Residential Sandbagging Efforts: Sandbags will be offered to Prior Lake residents in accordance with the elevation-based flood response listed in this Policy. Sandbag wall construction and other property protection guidance will be made available to residents on the City’s Flood Response website. Residential sandbag walls may be constructed to tie into City walls and barriers. The City is not responsible for private sandbag walls. Supporting Essential Services: The City Emergency Management Director is the primary contact for coordinating the support of essential community services: Mail and other deliveries: The City Emergency Management Director will coordinate with entities such as the US Post Office to ensure that essential deliveries can reach residents and businesses. The City Emergency Management Director may designate temporary mail pickup locations. School bus routes: The City Emergency Management Director will coordinate with school districts to ensure proper school bus routing during an emergency. Waste hauling: The City Emergency Management Director may work with providers to facilitate coordinated waste hauling for affected neighborhoods. Other services: Residents may contact the City Emergency Management Director with other essential service requests not listed in this section. FLOOD COMMUNICATIONS PLAN During an ongoing Local Emergency related to flooding, the City’s communications with the public will have one point of origin. The designated Public Information Officer (PIO) shall be responsible for the dissemination of information through the Flood Communications Plan and for communication with other agencies including the PLSLWD and Scott County. The City Emergency Management Director will coordinate with the PIO to notify the public of hazardous conditions, road closures and access routes, debris management, infrastructure protection efforts, and other critical activities. The following communication methods may be used during an ongoing Local Emergency related to flooding: Official newspaper (Prior Lake American) Other media outlets (TV, radio) City website Social media Direct mailings Posting on electronic sign boards Door-to-door Public meetings (City Hall and other locations) If no local emergency has been declared, City communications will follow the guidelines outlined in the Elevation Based Flood Response tables of this Policy, and as recommended by the City Communications Coordinator. Surface Water Page 274 City of Prior Lake Flood Response Policy 14 POST-FLOOD OPERATIONS Flood protection measures will be removed in reverse order of installation. Flood cleanup operations will follow City EOP procedures. Communications will continue according to the Elevation Based Flood Response tables of this Policy. The following items are key: Deactivate as directed by City Emergency Management Director Turn over recovery operations to appropriate entities Ensure all incident documentation is collected Participate in initial debriefing session Participate in Incident Review FINANCIAL CONSIDERATIONS All financial expenditures related to emergency flooding events must be tracked. FEMA programs may reimburse the City for these expenditures with supporting documentation. If the City implements flood response items and FEMA reimbursement does not become available, all funding for flood response will be the responsibility of the City. Tracking city expenditures: The City Information Systems Coordinator will create work orders for tracking time and expenses (including machinery and materials). All employees who use timesheets must use the work orders for time spent on flooding-related work. Employees must also fill out FEMA forms corresponding to the same work; this ensures that all expenses will be tracked and submitted for reimbursement in a timely manner after the flooding. APPENDICES Appendix A: Flood Protection Plan Flood Watch Area (FWA) Overview Map Appendix B: City Code Section 703 (Public Waters – Water Surface Use Management rules) Appendix C: City Emergency Operations Plan (EOP) Appendix D: Scott County Multi-Jurisdictional All Hazards Mitigation Plan (link only) Appendix E: Prior Lake Stormwater Management and Flood Mitigation Study (link only) Surface Water Page 275 2 !!2 2!!2 !!2!!2!!2 2!!2!! 2 !!2 2!!2 2 Ú 2!!2!!2 !!2 2 !!2!!2 !!2!!2 2!!2!!2!!2 2 !!2!!2 2!!2!!2 2 2!!2!!2!!2 2#* Lower Prior Lake Upper Prior Lake CENTERRD S W 147 TER MAINAVSE ARCADIA AV SE DULUTH AV SE GLEN D ALE AV S E RU T G E R S S T NE PIK E L A K E TR L NE CROSSANDRASTSE V ICTORIA C U R V E S E DOVECTNEBLUEBIRDTRLNE SOUTHPARKDR G L Y N W ATER T R LNW NORTHWOODRDNW CO N R OY ST N E LO RDS ST NE T IMO TH Y AV NE HAMPTONSTNE C E D A RWOOD T R L NE RAS PB E R R Y RIDG E R D N W G R E EN OAKS TRLSE SUM TERAVS QUEBECAVS SHADY BEACHTRLNE WILD S PATH NW MARKLEY LAKEDR CALMUTAVNE 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ANNA TRLSE 151STW TIMBER TRLSE TAHINK A P L N W WILD HORSEPASSNW 1 53PL 165 ST E PAR KS I D E CT N W 167 ST E CREDITRIVERRDSE POINTEPASSNW ASH CIRNE SKYLI NEAVNW M ARLEN CIRSE SU EL LN ARCTICCIRNW EAUCLAIRE TRLNE T IMBER CR E S T D R S E FRANKLINTRLSE BIRCHWOODAVNE F RA N KLIN CIR SE 160 ST E JEFFERSPASSNW CATES LAKEDR CREEKWOOD RD ENCLAVECTNW SYCAMORE TRLSW NATALIE RD NE O AKRIDGE CIRSE R O LLIN G OAK S CIR N E KNOLLRIDGEDRNW H A W K R IDGE R D NW PA R KNICOLLE T AVSE WESTWOOD DR SE PEBBLE BRO OK C T FISH POINT RD SE MANITOU RDNE PRIORWOODSTSE 154 ST W B EEZY P O IN TRDSE JEFFERS PKWYNW MAPLE TRLSE FIS HER AV N E ISLANDVIEW C IRNW M E A DO WLAWN TR L NE KOP PK W Y SE 456712 456721 456742456718 456727 456782 456744 A13 Watersedge( 904ft) Rutgers( 905.5 ft) Glendale( 905.5 ft)ShadyBeach( 905 ft) Breezy Point(905.5 ft) Cove Ave( 905.5 ft) CR21( 905 ft) West Ave( 906 ft) Lords St( 906.5 ft) Fish Point Rd(907 ft) Northwood Rd( 906.5 ft) Flood Protection Plan 0 1,000 2,000Feet Road Elevations Site Ele vation (ft) Watersedge 904 .0ShadyBeach905 .0BreezyPoint905 .5CoveAve905 .5GlendaleAve905 .5Rutgers905.5LordsStreet906 .5FishPointRd907 .0 Ú Sanitary Lift Station 2 Sanitary Manhole Stormwater Outfall J-Barriers, Sandbags & Raised Chip Roads Surface Water Page 276 Public Ways & Property City of Prior Lake 703/p1 SECTION 703 PUBLIC WATERS SUBSECTIONS: 703.100: CHAPTER 703.200: PURPOSE, INTENT AND APPLICATION 703.300: DEFINITIONS 703.400: SPEED LIMITATIONS 703.500: ADDITIONAL RESTRICTIONS 703.600: EXEMPTIONS 703.700: NOTIFICATION 703.800: ENFORCEMENT 703.900: PENALTIES 703.100: TITLE: This Section shall be known and cited as the PUBLIC WATERS Code. 703.200: PURPOSE, INTENT, AND APPLICATION: As authorized by Minnesota Statutes 86B.201, 86B.205, and 459.20, and Minnesota Rules 6110.3000 – 6110.3800, as now in effect and as hereafter amended, this Ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Prior Lake and Spring Lake in Scott County, Minnesota; to promote to the fullest extent possible the public’s use and enjoyment of said bodies of water; to promote and protect the safety of persons and property in connection with the use of these waters; to harmonize and integrate the varying uses of these waters; and to promote the public health, safety, and welfare on said bodies of water. 703.300: DEFINITIONS: For the purposes of this Section, the definitions set out in Minnesota Statutes Section 86B.005 are incorporated herein and made part of this Section. Terms not defined by said Statute shall have the following meanings: High Water: An elevation of 903.9’ or greater above mean sea level on Prior Lake, as determined by the Prior Lake-Spring Lake Watershed District gauge. An elevation of 912.8’ or greater above mean sea level on Spring Lake, as determined by the Prior Lake-Spring Lake Watershed District gauge. Prior Lake: The body of water given that name and assigned the lake numbers 70002600 and 70007200 by the Minnesota Department of Natural Resources. Shore: The line separating land and water which shifts as lake levels increase and decrease. Surface Water Page 277 Public Ways & Property City of Prior Lake 703/p2 Slow No-Wake: The operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five (5) miles per hour. Spring Lake: The body of water given that name and assigned the lake number 70005400 by the Minnesota Department of Natural Resources. Watercraft: Any contrivance used or designed for navigation on water, except: 1) a duck boat during the duck hunting season; 2) a rice boat during the harvest season; or 3) a seaplane. 703.400: WATERCRAFT SPEED LIMITATIONS: 703.401 General Speed Limit: No person shall operate a watercraft, at any time, greater than a slow no-wake speed within one hundred fifty feet (150’) from shore. Any watercraft launching or landing a person on water skis, wakeboards, kneeboards, or barefoot by the most direct and safe route to open water or shore shall be exempt from this provision. 703.402 Daytime Speed Limit: No person shall operate a watercraft at greater than forty 40) miles per hour, from sunrise to one-half hour after sunset, on all weekends and legal holidays occurring from Memorial Day weekend through Labor Day weekend. 703.403 Nighttime Speed Limit: No person shall operate a watercraft at greater than twenty (20) miles per hour, from one-half hour after sunset to sunrise the following day, at any time during the year. 703.404 High Water Slow No-Wake: No person shall operate a watercraft at greater than a slow no-wake speed on the entire surface of Prior Lake when the water level in said water body reaches its High Water elevation, as defined in Section 703.300. No person shall operate a watercraft at greater than a slow no-wake speed on the entire surface of Spring Lake when the water level in said water body reaches its High Water elevation, as defined in Section 703.300. When the water level of Prior Lake and/or Spring Lake reaches a High Water elevation, as defined in Section 703.300, the City Manager or designee shall arrange to have notice of the high water slow no-wake restriction posted on the City’s website. The high water slow no-wake restriction shall become effective as of the posting. All public water accesses shall be posted during the time the restriction is in place. When water levels have subsided and have remained below a High Water elevation, as defined in Section 703.300, for 72 consecutive hours, said restriction shall be promptly removed by removing the posting on the City’s website. 703.405 Marked Slow No-Wake Zones: No person shall at any time operate a watercraft at a speed greater than slow no-wake speed in any marked slow no-wake zone. The City of Prior Lake or the Scott County Sheriff’s Office shall install or cause to Surface Water Page 278 Public Ways & Property City of Prior Lake 703/p3 be installed buoys marking slow no-wake zones. Marked slow no-wake zones are intended to maintain a safe lake environment and protect the lives and property of all lake users and owners. Slow no-wake zones shall be marked at the following locations on Prior Lake: The navigational channel located north and south of the County Road 21/Eagle Creek Avenue Bridge. The navigational channel located to the south of Reed’s Island. The navigational channel located north and south of the Lords Street Bridge. The navigational channel located at the entrance/exit of Boudin’s Bay and the entire surface of Boudin’s Bay. The navigational channel located at the entrance/exit of Candy Cove, and the entire surface of Candy Cove. The navigational channel located at the entrance/exit of Mud (Crystal) Bay. The navigational channel located at the entrance/exit of Paradise Bay, and the entire surface of Paradise Bay. 703.500: ADDITIONAL RESTRICTIONS: 703.501 Swimming: No person shall use an inflatable water toy, air mattress, or inner tube more than one hundred fifty feet (150') from shore, unless accompanied by a watercraft. No person shall swim more than one hundred fifty feet (150') from shore, unless accompanied by a watercraft. 703.502 Towing Restrictions: No watercraft towing a person on water skis, inner tube, aquaplane, or similar device shall be operated at any time within a marked slow no- wake zone. 703.600: EXEMPTIONS: All authorized resource management, emergency, and enforcement personnel, while acting in the performance of their assigned duties, are exempt from the restrictions set forth in this Section. A temporary exemption from the restrictions set forth in subsection 703.502 may be allowed under certain circumstances. To qualify for a temporary exemption, an application for a permit must be completed, which shall include: the purpose of the exemption, the organization or persons being exempted, the location of the exemption, and the date and time of the exemption. The temporary exemption permit shall be issued by the Scott County Sheriff's Office. 703.700: NOTIFICATION: The City shall notify the public of this Section, which shall include but not be limited to placing a sign at each public watercraft launching facility outlining the essential elements of this Section, as well as placing other necessary buoys and signs. Surface Water Page 279 Public Ways & Property City of Prior Lake 703/p4 703.800: ENFORCEMENT: The enforcement of this Section shall be primarily the responsibility of the Scott County Sheriff's Office. Other licensed peace officers, including conservation officers of the Minnesota Department of Natural Resources, are also authorized to enforce the provisions of this Section. 703.900: PENALTIES: Any person who violates any provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment of not more than ninety (90) days, or both. Surface Water Page 280 Plan Development: 4/11/08 EMERGENCY OPERATIONS PLAN Surface Water Page 281 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 2 CERTIFICATION OF PLAN APPROVAL This page documents approval of the General Plan and Annexes, the Standard Operating Procedures, and the Resource Manual. Plan developed by: Randy Hofstad City of Prior Lake Police Lieutenant/Director of Emergency Management Date: 4/11/08 Plan approved by: Jack Haugen City of Prior Lake Mayor Signature:______________________________ Date: ___________________ Surface Water Page 282 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 3 RECORD OF GENERAL PLAN AND ANNEX REVISIONS PAGE/REVISION PAGE/REVISION PAGE/REVISION All 06/28/10 Info Update 15 10/04/11 List Update 15 02/27/17 List Update Surface Water Page 283 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 4 TABLE OF CONTENTS General Plan Page No. I. Reason for Plan ........................................................................................................6 II. Purpose for Plan .......................................................................................................6 III. Legal Basis and References .....................................................................................6 IV. Organization .............................................................................................................6 Chart A .........................................................................................................7 V. Hazard analysis ........................................................................................................8 VI. Direction & Control .................................................................................................9 VII Emergency Responsibility Assignments ………………………………………… 9 Chart B .......................................................................................................11 VIII. Operations Policies ................................................................................................12 IX. State and Federal Support ......................................................................................12 X. Plan Development/Maintenance, Training, and Exercises ....................................13 Emergency Operations Plan - Annexes A Notification and Warning B Incident Management C Public Information D Search and Rescue E Health Protection F Evacuation, Traffic Control and Security G Fire Protection H Damage Assessment I Mass Care J Debris Management K Public Works/Utilities Restoration L Environmental Hazard Response M Resource Management N Terrorism O Emergency Notification/Contact List P Continuity of Government Supporting Documents Standard Operating Procedures (SOPs) City Resource Manual Surface Water Page 284 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 5 FOREWORD The primary purpose of this plan is to provide a guide for emergency operations. It is intended to assist key city officials and emergency organizations to carry out their responsibilities for the protection of life and property under a wide range of emergency conditions. Although an organization may have the foresight to plan for anticipated situations, such planning is of little worth if it is not reduced to written form. Personnel familiar with unwritten "plans" may be unavailable at the very time it becomes necessary to implement them. A written plan will furnish a documentary record which can be referred to as needed. This documentary record will serve to refresh the knowledge of key individuals and can be used to inform persons who become replacements. THIS DOCUMENT SHALL REMAIN THE PROPERTY OF THE CITY OF PRIOR LAKE, DEPARTMENT OF EMERGENCY MANAGEMENT Upon termination of office by reason of resignation, election, suspension, or dismissal, the holder of this document shall transfer it to his/her successor or to the City of Prior Lake Emergency Management Director. Copy No: __________________ CD or Printed version Assigned to: _______________________ Surface Water Page 285 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 6 I. Reason for Plan Tornadoes, floods, blizzards, and other natural disasters can affect the City of Prior Lake. In addition, major disasters such as, transportation accidents, explosions, fires, hazardous materials releases, pipeline leaks, disease outbreaks, terrorist attacks, and national security emergencies pose a potential threat to public health and safety. Environmental emergencies related to hazardous materials may also present risks to the community through exposures in the air, surface or ground water, or soil. An emergency plan is needed to ensure the protection of the public from the effects of these hazards. II. Purpose of Plan The City of Prior Lake has many capabilities and resources, which could be used in the response to any major disaster. These include the facilities, equipment, personnel, and skills of both government and non-government professions and groups. The purpose of this plan is to ensure the effective, coordinated use of these resources so as to: 1. Maximize the protection of life and property, 2. Prepare for and respond to emergencies and recover to a state of normalcy, 3. Ensure the continuity of government, 4. Provide support to all areas in the city that require assistance. III. Legal Basis and References The legal basis for planning for and conducting all-hazard emergency operations at the Federal level and state of Minnesota level are listed in the Emergency Management Director’s Handbook, Section B. located at the Emergency Management Department, or Record Storage. The legal basis also includes the following: Minnesota State Statute Chapter 12 City of Prior Lake Code Ordinance No. 201 Mutual Aid agreements Scott County Emergency Operations Plan. IV. Organization Existing government is the basis for emergency operations. That is, government agencies will perform emergency activities related to those they perform on a day-to-day basis. City organization and interrelationships that coordinate plan development and maintenance are shown on Chart A of this basic plan. Surface Water Page 286 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 7 CHART A EMERGENCY MANAGEMENT ORGANIZATIONAL CHART MAYOR CITY COUNCIL EMERGENCY MANAGEMENT DIRECTOR CITY MANAGER FINANCE DEPARTMENT BUILDING INSPECTIONS PUBLIC COMMUNICATIONS COORDINATION W/ SCHOOL DISTRICT MUTUAL AID AGENCIES RED/ CROSS/ SALVATION ARMY EMS FIRE DEPARTMENT COORDINATION W/ COUNTY, STATE, & FEDERAL AGENCIES NORMAL CITY OPERATIONS AND SERVICES CITY COUNCIL COORDINATION POLICE DEPARTMENT EMERGENCY MANAGEMENT COORDINATION PUBLIC WORKS DIRECTOR/CITY ENGINEER Surface Water Page 287 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 8 V. Hazard Analysis Natural Hazards Tornadoes/Straight-line Winds Flooding Severe Hail Storms Severe Thunderstorms Extreme Ice Storms Large Rain Falls with Flash Flooding Severe Winter Storm Accumulations Extreme & Prolonged Heat Temperatures Extreme & Prolonged Fog Drought Large Scale Wild Fires/Grass and Forest Extreme & Prolonged Winter Cold Temperatures Earthquake Technological Hazards (Human Created) Fixed Facility Hazardous Materials Incident International Hazardous Materials Dumping Transportation Hazardous Materials Incident Large Scale Transportation Accident Large/Multiple Structure Fire w/high occupancy Large/Multiple Structure Collapse Utility Failure – Water, Sewer, Gas, Electric, etc. National Security/Terrorism/Manmade Terrorist Bombing/Mass Homicide/Assault Hostage Taking Incident Terrorist Act Against Government/Society Large Scale Civil Disorder/Riot Incident Enemy Military Invasion Chemical/Biological Weapon Attack Hazard Probability Analysis: More Likely to Occur Tornadoes/Straight-line Winds Flooding Severe Thunderstorms Severe Hail Storms Severe Winter Storm Accumulations Extreme & Prolonged Winter Cold Temperatures Large Rain Falls with Flash Flooding Extreme & Prolonged Heat Temperatures Drought Extreme Ice Storms Facility Hazardous Materials Incident Transportation Hazardous Materials Incident Extreme & Prolonged Fog Utility Failure – Water, Sewer, Gas, Electric, etc. Large Scale Transportation Accident Large/Multiple Structure Fire w/high occupancy Large Scale Civil Disorder/Riot Incident Less Likely to Occur Terrorist Hostage Taking Incident Terrorist Act Against Government/Society Large Scale Wild Fires/Grass and Forest International Hazardous Materials Dumping Earthquake, Large/Multiple Structure Collapse Enemy Military Invasion Terrorist Bombing/Mass Homicide/Assault Chemical/Biological Weapon Attack Maps showing areas at risk are located in Annex L, hyperlinks on page 1 and in the annex on pages 4 - 9) Surface Water Page 288 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 9 VI. Training/Response by Emergency Management Responders Emergency responders and city employees who respond to hazardous materials incidents within the City of Prior Lake have received training designed to help them respond to such incidents. Prior Lake Police Department is trained to, and responds at the First Responder Awareness Level, as defined in29 CFR 1910.120. Training records are maintained in police training files at the Prior Lake Police Department. Allina Ambulance Co. is the primary EMS transport in the City of Prior Lake. These personnel and the designated mutual aid ambulance services are trained to and respond at the First Responder Awareness Level, as defined in 29 CFR 1910.120 at a minimum. Prior Lake Fire Department is trained to, equipped and responds at HazMat Operations Level as part of a Scott County wide team defined in 29 CFR 1910.120 9 (except new firefighters). Training records are maintained Scott County Emergency Manager. Training records are maintained per appropriate departments. VII. Direction and Control The direction and control of government operations from a central, protected facility with adequate communications and key personnel is essential to the conduct of emergency operations. This has been provided for as follows: The Police Lieutenant / Emergency Management Director shall be responsible for determining when it is necessary to implement the Emergency Operations Plan and then make a recommendation to the Mayor for enactment of the plan. Where the remainder of this document references the “Emergency Management Director” it should be noted that this term also includes their designee. The City Manager will be responsible for providing overall direction and control of city govern- ment resources involved in the response to a disaster in consultation with the Mayor and City Council. The City Emergency Management Director will serve in a staff capacity to the City Manager, will implement this plan, and will coordinate emergency operations. Direction and control of the City of Prior Lake response to a major disaster will be carried out at the Emergency Operating Center (EOC) unless another location is better suited for the disaster. The City EOC is located at 4649 Dakota Street (Prior Lake Police Department). For additional direction and control information such as staffing, communications, incident command system [ICS], etc.; refer to the Direction and Control Annex, and SOP, to this plan.) Surface Water Page 289 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 10 VIII. Emergency Responsibility Assignments A. A summary of the City of Prior Lake emergency responsibility assignments, by function, is shown on chart B. Heads of the various city government departments and agencies will be responsible for carrying out the assignments shown on this chart. Additional information about these emergency responsibility assignments is contained in the annexes to this basic plan. (One annex exists for each of the responsibilities [functions] that are shown on Chart B.) Lastly, city departments and agencies are expected to develop whatever SOPs they may need in order to carry out these responsibilities. B. Responsibilities have been assigned by a code letter: "P," "S," or "C." 1. "P" indicates primary operational responsibility, which means that the official or agency is in charge of, and responsible to make provision for, that function. 2. "S" indicates support responsibility, which means that the agency so assigned will, if possible, assist the official or agency that has primary or coordination responsibility for that function. 3. "C" indicates coordination responsibility, and is assigned when several agencies have a partial responsibility, but no one official/agency has obvious primary responsibility. This will oftentimes be the situation when non-government agencies are involved. 4. As a general rule, county officials will be primarily responsible for carrying out emergency functions outside city limits, and municipal officials will have the corresponding responsibility within city limits. 5. Only one "P" or "C" can be assigned per function, and a minimum of one "S" should be assigned for each function. Surface Water Page 290 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 11 FUNCTION RESPONSIBLE AGENCIES REMARKS 1. Warning and Notification Scott County Sheriff'sOffice - P Prior Lake Police Department - S See Warning and Notification Section (Annex A) 2. Incident Management Emergency Management Director - P City Manager - S Mayor - S See Annex B 3. Emergency Public Information Mayor – P Communications Coordinator - S City Manager - S Emergency Management Director - S See Annex C 4. Search and Rescue Fire Department - P Police Department - S Scott County Sheriff'sOffice - S See Annex D 5. Health Protection Scott County Emergency Management - P Red Cross - S See Annex E 6. Evacuation, Traffic Control, and Security Police Department - P State Patrol - S Scott County Sheriff'sOffice - S Fire Department - S See Annex F 7. Fire Protection Fire Department - P Automatic and Mutual Aid Fire Depts. - S See Annex G 8. Damage Assessment Building Official - P City Engineer - S Community Development Director - S See Annex H 9. Mass Care Red Cross – P Scott County Emergency Management - S Salvation Army - S See Annex I 10. Debris Management City Engineer - P Public Works Department - S Scott County Mutual Aid Cities – S See Annex J 11. Public Works/Utilities Restoration City Engineer – P Public Works - S See Annex K 12. Environmental Hazard Response Scott County Emergency Services - P City of Prior Lake Emergency Management – S City Forester - S See Annex L 13. Resource Management Dependant upon Incident See Annex M 14. Terrorism Emergency Management Team (Incident Dependant) – P FBI, CIA – S, C Emergency Management is Primary in terms of initial response. FBI and CIA become primary in terms of investigation and on-going response. See Annex N 15. Emergency Notification Contact List Emergency Management Department - P See Annex O 16. Continuity of Government City Manager – P Emergency Management Department – S See Annex P Code: P = Primary S = Secondary C = Coordination CHART B EMERGENCY RESPONSIBILITY ASSIGNMENTS Surface Water Page 291 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 12 IX. Operation Policies A. In the event of a major disaster, the Mayor may declare a local emergency. Such a declaration will invoke necessary portions of this plan, and will permit the city to take such actions as may be required to protect lives and property. In addition, any or all parts of the plan may be implemented whenever it is deemed necessary in order to provide for the Emergency Management. B. Protection of life and property and alleviation of human distress is the primary goal of city government emergency operations. C. In an emergency affecting more than one political jurisdiction, officials of all jurisdic- tions involved will coordinate their services to the maximum extent possible. D. The Emergency Management Director will assist in providing resource coordination between government agencies and the private sector. E. Local government resources must be utilized to the maximum before state or federal assistance will be made available. G. Each agency, department, or service of city government will provide for the maintenance of records during an emergency. These records should include work hours, equipment hours, supplies and materials consumed, injuries to personnel, and damage to public facilities and equipment. H. All emergency response organizations in the city are required to prepare and maintain SOP’s, resource lists and checklists to support their operations. Depending on the emergency, different departments/organizations will be required to be involved, but at minimum they will include police, fire, EMS, Public Works, Administration/Mayor, Finance, and MIS. X. State and Federal Support A. General The City of Prior Lake Emergency Management Director will be responsible for assisting the city in obtaining any county, state or federal government resources that may be needed as a result of a disaster. In carrying out this responsibility, the director will contact the County Emergency Management Director. The county director can provide/obtain technical information and assistance, if requested. Lastly, a summary of state and federal disaster assistance that may be available is contained in Disaster Response and Recovery: A Handbook for Local Government. This document is on file with the Scott County Emergency Management Director. Surface Water Page 292 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 13 B. Emergency Assistance In the event of a major emergency/disaster which exceeds the resources and capabilities of city and county government, and which requires immediate state and/or federal assis- tance, the State Duty Officer should be contacted. The State Duty Officer telephone number is (651) 649-5451. C. National Guard When a natural disaster or other major emergency is beyond the capability of local government, support from the National Guard may be available. Only the Governor, as Commander-in-Chief of the Minnesota National Guard, has the authority to activate the Guard. The purpose of activation is to ensure the preservation of life and property and to support civil law enforcement authorities. 1. Operational Policies a. National Guard assistance will complement, and not be a substitute for county and/or city participation in emergency operations. b. If made available, National Guard personnel will remain under military command at all times, but will support and assist city and/or city forces in the accomplishment of a specific task or tasks. 2. Request Procedure In the case of cities that are not of the first class, the sheriff is the only local government official authorized to submit the request for National Guard assistance. Such requests are to be submitted to the State Duty Officer. XI. Plan Development/Maintenance, Implementation, Training, and Exercises A. With regard to this plan, the City Emergency Management Director will serve as the planning coordinator. As such, the director will have overall authority and responsibility for the development and maintenance of the plan, and implementation. The Emergency Management Director/Emergency Management Director is listed in Annex O along with various phones and pager numbers. B. This plan will be reviewed and updated as necessary. The City Emergency Management Director will be responsible for ensuring that this updating occurs, and that the Minnesota HSEM in accord with the schedule and procedures establishes it. In establishing its schedule and procedures, HSEM will consult with the appropriate state and federal agencies. C. This plan will be distributed to all city government departments and agencies that have emergency assignments relative to a major disaster in the city. The City of Prior Lake Emergency Management Director will maintain a plan distribution list. Surface Water Page 293 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 14 D. At least once annually, the Emergency Management Director will review the Emergency Operations Plan. MNWALK: click this hyperlink to view the MNWALK items locations. See next page for EOP distribution list. Surface Water Page 294 CITY OF PRIOR LAKE GENERAL PLAN EMERGENCY OPERATIONS PLAN Developed: 4/11/08 15 Emergency Operations Plan Distribution List Title Person Date Obtained Plan # Printed or CD Printed CD Mayor Kirt Briggs 1 City Manager Frank Boyles 2 Assistant City Manager Lori Olson 3 Emergency Management Director Brad Cragoe 4 Police Chief Mark Elliott 5 Fire Chief Rick Steinhaus 6 1st Asst Fire Chief Jim Kline 7 2nd Asst Fire Chief Kurt Chelgren 8 Public Works Director Jason Wedel 9 City Engineer Larry Poppler 10 Parks Supervisor Greg Skluzacek 11 Community Development Director Dan Rogness 12 Streets Supervisor / Water Dept Jim Larson 13 Building Official Bob Hutchins 14 Finance Director Dave Uram 15 16 17 18 19 20 21 22 23 Scott County EM Scott Haas 24 MN HSEM Regional Coordinator Gary Peterson 25 Surface Water Page 295 1 MMUULLTTII--JJUURRIISSDDIICCTTIIOONNAALL AALLLL HHAAZZAARRDDSS MMIITTIIGGAATTIIOONN PPLLAANN SSCCOOTTTT CCOOUUNNTTYY MMIINNNNEESSOOTTAA 22000099 Full document can be found at https://www.scottcountymn.gov/DocumentCenter/Home/ View/1443 Surface Water Page 296 4300 MarketPointe Drive, Suite 200 Minneapolis, MN 55435 952.832.2600 www.barr.com Prior Lake Stormwater Management & Flood Mitigation Study Prepared for Prior Lake-Spring Lake Watershed District and the City of Prior Lake December, 2016 See the full document at: http://www.plslwd.org/wp-content/uploads/2016/12/Flood-Mitigation-Study-Report_FINAL- VERSION_Dec-2016.pdf Surface Water Page 297 Public Ways Property City of Prior Lake 703 p1 SECTION 703 PUBLIC WATERS SUBSECTIONS 703 100 CHAPTER 703 200 PURPOSE INTENT AND APPLICATION 703 300 DEFINITIONS 703 400 SPEED LIMITATIONS 703 500 ADDITIONAL RESTRICTIONS 703 600 EXEMPTIONS 703 700 NOTIFICATION 703 800 ENFORCEMENT 703 900 PENALTIES 703 100 TITLE This Section shall be known and cited as the PUBLIC WATERS Code 703 200 PURPOSE INTENT AND APPLICATION As authorized by Minnesota Statutes 86B 201 86B 205 and 459 20 and Minnesota Rules 6110 3000 6110 3800 as now in effect and as hereafter amended this Ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Prior Lake and Spring Lake in Scott County Minnesota to promote to the fullest extent possible the public s use and enjoyment of said bodies of water to promote and protect the safety of persons and property in connection with the use of these waters to harmonize and integrate the varying uses of these waters and to promote the public health safety and welfare on said bodies of water 703 300 DEFINITIONS For the purposes of this Section the definitions set out in Minnesota Statute Section 86B 005 are incorporated herein and made part of this Section Terms not defined by said Statute shall have the following meanings High Water An elevation of 903 9 or greater above mean sea level on Prior Lake as determined by the Prior Lake Spring Lake Watershed District gauge An elevation of 912 8 or greater above mean sea level on Spring Lake as determined by the Prior Lake Spring Lake Watershed District gauge Prior Lake The body of water given that name and assigned the lake numbers 70002600 and 70007200 by the Department of Natural Resources Shore The line separating land and water which shifts as lake levels increase and decrease Slow No Wake The operation of a watercraft at the slowest possible speed Surface Water Page 298 Public Ways Property City of Prior Lake 703 p2 necessary to maintain steerage and in no case greater than five 5 miles per hour Spring Lake The body of water given that name and assigned the lake number 70005400 by the Minnesota Department of Natural Resources Watercraft Any contrivance used or designed for navigation on water except 1 a duck boat during the duck hunting season 2 a rice boat during the harvest season or 3 a seaplane 703 400 WATERCRAFT SPEED LIMITATIONS 703 401 General Speed Limit No person shall operate a watercraft at any time greater than a slow no wake speed within one hundred fifty feet 150 from shore Any watercraft launching or landing a person on water skis wakeboards kneeboards or barefoot by the most direct and safe route to open water or shore shall be exempt from this provision 703 402 Daytime Speed Limit No person shall operate a watercraft at greater than forty 40 miles per hour from sunrise to one half hour after sunset on all weekends and legal holidays occurring from Memorial Day weekend through Labor Day weekend 703 403 Nighttime Speed Limit No person shall operate a watercraft at greater than twenty 20 miles per hour from one half hour after sunset to sunrise the following day at any time during the year 703 404 High Water Slow No Wake No person shall operate a watercraft at greater than a slow no wake speed on the entire surface of Prior Lake when the water level in said water body reaches its High Water elevation as defined in Section 703 300 No person shall operate a watercraft at greater than a slow no wake speed on the entire surface of Spring Lake when the water level in said water body reaches its High Water elevation as defined in Section 703 300 When the water level of Prior Lake and or Spring Lake reaches a High Water elevation as defined in Section 703 300 the City Manager or designee shall arrange to have notice of the high water slow no wake restriction posted on the City s website The high water slow no wake restriction shall become effective as of the posting All public water accesses shall be posted during the time the restriction is in place When high water levels have subsided and have remained below a High Water elevation as defined in Section 703 300 for 72 consecutive hours said restriction shall be promptly removed by removing the posting on the City s website 703 405 Marked Slow No Wake Zones No person shall at any time operate a watercraft at a speed greater than slow no wake speed in any marked no wake zone The City of Prior Lake or the Scott County Sheriff s Office shall install or cause to be installed buoys marking slow no wake zones Marked slow no wake zones are Surface Water Page 299 Public Ways Property City of Prior Lake 703 p3 intended to maintain a safe lake environment and protect the lives and property of all lake users and owners Slow no wake zones shall be marked at the following locations on Prior Lake The navigational channel located north and south of the County Road 21 Eagle Creek Avenue Bridge The navigational channel located to the south of Reed s Island The navigational channel located north and south of the Lords Street Bridge The navigational channel located at the entrance exit of Boudin s Bay and the entire surface of Boudin s Bay The navigational channel located at the entrance exit of Candy Cove and the entire surface of Candy Cove The navigational channel located at the entrance exit of Mud Crystal Bay The navigational channel located at the entrance exit of Paradise Bay and the entire surface of Paradise Bay 703 500 ADDITIONAL RESTRICTIONS 703 501 Swimming No person shall use an inflatable water toy air mattress or inner tube more than one hundred fifty feet 150 from shore unless accompanied by a watercraft No person shall swim more than one hundred fifty feet 150 from shore unless accompanied by a watercraft 703 502 Towing Restrictions No watercraft towing a person on water skis inner tube aquaplane or similar device shall be operated at any time within a marked slow no wake zone 703 600 EXEMPTIONS All authorized resource management emergency and enforcement personnel while acting in the performance of their assigned duties are exempt from the restrictions set forth in this Section A temporary exemption from the restrictions set forth in subsection 703 502 may be allowed under certain circumstances To qualify for a temporary exemption an application for a permit must be completed which shall include the purpose of the exemption the organization or persons being exempted the location of the exemption and the date and time of the exemption The temporary exemption permit shall be issued by the Scott County Sheriff s Office 703 700 NOTIFICATION The City shall notify the public of this Section which shall include but not be limited to placing a sign at each public watercraft launching facility outlining the essential elements of this Section as well as placing other necessary buoys and signs 703 800 ENFORCEMENT The enforcement of this Section shall be primarily the Surface Water Page 300 Public Ways Property City of Prior Lake 703 p4 responsibility of the Scott County Sheriff s Office Other licensed peace officers including conservation officers of the Minnesota Department of Natural Resources are also authorized to enforce the provisions of this Section 703 900 PENALTIES Any person who violates any provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars 1 000 00 or by imprisonment of not more than ninety 90 days or both Amd Ord 110 05 publ 10 09 2010 Amd Ord 116 20 publ 09 17 2016 Surface Water Page 301 SUBSECTIONS 706100 706200 706300 706400 706500 706600 706700 706800 706900 SECTION 7O6 EXCAVATING AND FILLING TITLE PURPOSE DEFINITIONS PERMIT REQUIRED APPLICATION PROCEDURE PREREQUISITES TO PERMIT ISSUANCE SECURITY REQUIREMENTS NUISANCE PROHIBITED COMPLETION ENFORCEMENT AND ENFORCEMENT PENALTIES Public Ways Property 706100 TITLE PURPOSE This Section shall be known as the Excavating and Filling Section of the City of Prior Lake The provisions of this Section are intended to preserve all watercourses and wetlands consistent with the provisions of the Prior Lake Overall Storm Water Management Plan as revised July 16 1981 and any subsequent revisions or amendments thereto the Prior Lake zoning ordinances the Prior Lake subdivisions ordinances the Prior Lake building ordinances and the ordinance for the management of shoreland areas of the Qty of Pdor Lake 706200 DEFINITIONS For the purpose of this Section the following terms phrases and words shall have the meaning given herein Material Shall include soil sand gravel clay bog mud concrete bricks and tree stumps Operation A With respect to uplands operation shall mean the removal or deposition operations or a combination of both exceeding either the greater of five hundred 500 square feet of surface area or a volume of fifty 50 cubic yards B With respect to excavating and filling in watercourses and wetlands as designated on the City of Prior Lake Overall Storm Water Management Plan operation shall mean the removal or deposition operations or a combination of both without respect to a minimum area o volume Person Any person firm partnership association corporation company organization or legal entity of any kind including Municipal corporation of governmental agencies or subdivision thereof Remove Shall include dig dredge such excavate and bulldoze City of Prior Lake 706pl Surface Water Page 302 Public Ways Property Upland All that land or area above the high water mark from a one hundred 100 year storm as defined by the City of Prior Lake Storm Water Management Plan dated February 6 1979 revised July 16 1981 and any subsequent revisions or amendments thereof on file at the offices of the City of Prior Lake Watercourses Any waterway or other body of fresh or brackish water including but not limited to bays rivers creeks rivulets lakes ponds holding water areas and streams as designated and set forth on the City of Prior Lake Overall Storm Water Management Plan dated February 6 1979 revised July 16 1981 and any subsequent revisions or amendments thereto on file at the offices of the City of Prior Lake Wetlands Lands generally covered or intermittently covered with water to a depth of six feet 6 or less with fresh or brackish water marshes swamps and bogs as set forth and designated on the City of Prior Lake Overall Storm Water Management Plan dated February 6 1979 revised July 16 1981 and any subsequent revisions or amendments thereto on file at the offices of the City of Prior Lake 706300 PERMIT REQUIRED Any person who shall undertake an operation in the City including mineral extraction depositing of materials or excavation of any materials on any upland watercourse or wetland as defined herein shall first make an application and obtain a permit from the City Engineer as hereinafter provided Any removal or deposition operation for the ptrpose of an immediately pending superstructure for upland areas only and for which a building permit has been obtained from the City shall be exempt from this Section 706400 1 2 3 4 APPLICATION PROCEDURE A permit may be issued upon the written verified application of the person proposing to remove or cause the removal or proposing to deposit or cause the deposition of material Said application shall contain the following information The name and address of the applicant and the source of the applicants right to excavate or remove or to deposit or fill eg whether the applicant is the owner lessee licensee etc In all cases where an applicant is not the owner the consent of the owner duly acknowledged must be attached to the application The purpose for the proposed excavating or filling or deposition A map or plat of the proposed filling or excavation showing the location and amount of matedal proposed to be removed or deposited with a description of the area from which the removal or in which deposition is proposed The depth or heights to which such removal or deposition is proposed throughout the area and the proposed angle of all slopes to be shown on a two foot 2 contour City of Prior Lake 706p2 Surface Water Page 303 5 6 7 8 Public Ways Property map at a scale of one inch equals fifty feet 1 50 or larger The original and proposed contours shall be shown including all property within one hundred fifty feet 9150 of the proposed excavation or deposition and shall be signed by an engineer or surveyor registered in the State The manner in which the material will be removed andor deposited The estimated time when the excavation or filling will begin and be completed The highway street or other public way in the City upon and along which any material for removal or deposition is to be hauled or carried The street avenue land alley highway right of way thoroughfare or public ground of the City which shall be obstructed 9 An erosion control plan which shall contain the following information a Existing site map showing the site and immediately adjacent areas including A delineation of all streams rivers public waters and wetlands located on and immediately adjacent to the site including depth of water a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources the Minnesota Pollution Control Agency andor the United States Army Corps of Engineers Location and dimensions of existing storm water drahage systems and natural drainage patters on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site identifying the receiving stream river public water or wetland and settingforththoseareasoftheunalteredsitewherestormwatercollects A description of the soils of the site including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable Vegetative cover and clear delineations of any vegetation proposed for removal One hundred year 10year flood plains flood fringes and floodways b A site construction plan including Locations and dimensions of all proposed land disturbing activities and any phasing of those activities Locations and dimensions of all temporary sdl and dirt stockpiles Locations and dimensions of all construction site erosion control measures necessary to meet the standards as outlined in Protecting Water Quality in City of Pdor Lake 706p3Surface Water Page 304 Public Ways Property urban Areas published by the Minnesota pollution Control Agency or an equivalent set of standards Schedule of anticipated starting and completion date for each installation of erosion control measures Provisions for maintenance of the construction site erosion control measures during construction c A plan of final site conditions on the same scale as the existing site map showing the site changes including Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features A landscape plan drawn to an appropriate scale including dimensions and distances and the location type size and description of all proposed landscape materials which will be added to the site A drainage plan of the developed site delineating in which direction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collection The proposed size alignment profiles and intended use of any structures to e erected on the site Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project It shall be responsibility and the burden of the applicant to demonstral9 to the satisfaction of the City Engineer that the proposed excavation andor filling complies with the City of Prior Lake Overall Storm Water Management Plan Said burden shall include the furnishing of a report with supporting calculations of a registered professional engineer 706500 706501 706502 706503 PREREQUISITES TO PERMIT ISSUANCE The City Engineer as a prerequisite to the granting of a permit or after a permit has been granted may require the applicant to whom such permit issues or prior to the issuance ofsaid permit or the owner or user of the property on which the excavation or filling is located to Compliance Comply with the City of Prior Lake Storm Water Management Plan as revised July 16 1981 and any subsequent revisions or amendmentsthereto on file in the offices of the City Setback Requirements Require that the setback of the proposed excavation or filling site be at least fifty feet 50 from the 10year storm water elevation level which is defined in the Storm Water Management Plans an event which has a one percent 1 statistical probability of occurring in any given year Elevation The City Engineer may require that the lowest living building elevation City of Prior Lake 706p4 Surface Water Page 305 706504 706505 706506 706507 706508 1 2 Public Ways Property level be placed at an elevation consistent with the City of Prior Lake Overall Storm Water Management Plan ie three feet 3 above the l Oyear storm water elevation level Roads and Parkinq Areas Roads and parking areas shall be located to retard the runoff of surface waters and nutrients and where feasible and practical all roads and parking areas shall meet the setback requirements established for structures in this subsection Elevation of Lowest Floor Structures shall be placed at an elevation consistent with the Citys Flood Plain Management Ordinance In areas not regulated by the Flood Plain Management Ordinance the elevation to which the lowest floor including basements Shall be placed shall be determined as follows a For lakes ponds and flowages by An elevation of available flood information and consistent with Statewide standards and criteda for management of flood plain areas of Minnesota or By placing the lowest floor at a level at least three feet 3 above the highest known water level In those instances where sufficient data on known high water levels are not available the ordinary high water mark shall be used b For rivers and streams by an evaluation of available flood information and consistent with Statewide standards and criteria for management of flood plains areas of Minnesota Unsuitable Lands No land shall be subdivided which is held unsuitable by the City for the proposed use because of flooding inadequate drainage soil and rock formations with severe limitations for development severe erosion potential unfavorable topography inadequate water supply or sewerage treatment capabilities being not in compliance with the City of Prior Lake Overall Storm Water management Plan as revised July 16 1981 and any subsequent revisions and amendments thereto or any other feature likely to be harmful to the health safety or welfare of future residents of the proposed subdivision or of the community Maintenance City Engineer may require that any excavation or filling within the limits which the particular permit is granted may be maintained Approvals Applicant shall contact the Prior Lake Spring Lake Watershed District State Department of Natural Resources and the US Army Corps d Engineers for any necessary approval by any of these agencies before issuing the permit or for a modification of the issued permit for filling or excavating and city of Pdor Lake 706p5Surface Water Page 306 706509 706510 706511 706512 Public Ways Property applicant shall warrant to the City Engineer that he has made the necessary contacts Contact Utilities Applicant shall contact and notify all utilities of the applicants intent to deposit or excavate in sufficient time for said utility to locate it underground facilities if any however the applicant upon application for the permit shall warrant to the City Engineer that he has notified all affected utilities Barricades May require the erection of a suitable fence guard or barricade about the place of such excavation or filling The permittee shall have his name plahly and legibly printed upon or attached upon such barricade railing or other warning device Upon completion of the purposes of such excavation or filling or when so ordered by the City Engineer the permittee without delay shall restor the ste so that it shall be in as good a condition as that at the time of issuance of said permit The City Engineer may supervise and regulate the excavation or filling to the satisfaction of the City Engineer insofar as excavation or filling procedJres size banners warning lights or barricades are concerned in and necessary for such excavation or filling and the permittee shall in every particular comply with the rules and regulations on file in the office of the City Engineer 706600 1 2 3 SECURITY REQUIREMENTS All applications for permits for filing or excavations under this Section shall be made in writing and accompanied by the following Such fees as set forth in the rules and regulations promulgated by the City Council which rules and regulations shall be on file in the office of the City Engineer Such bond irrevocable letter of credit or deposit of monies in a sum to be determined by the City Manager or the City Council Said bond shall be issued by a surety company authorized to do business in the State which shall provide sufficient surety running to the city conditioned to pay the City the costs of restoring the site of filling or excavating the extraordinary costs and expenses of repairing highways streets or other public ways along designated routes of travel caused by the special burden resulting from hauling and travel in the removal or deposition of materials and to pay such expense as the City may incur by reason of doing anything required to be done by any applicant to whom a permit is issued The amount of such costs and expenses shall be determined by the City Engineer who shall advise the City Manager or the Council of such amounts A public liability insurance policy in which the City is named as coinsured in such amounts and with such coverage as may be determined by the City Engineer or the City Council on advice from the City Engineer to protect the City from any and all claims or damages which might be assessed against the City by reason of the application for the permit City ofPrior Lake 706p6 Surface Water Page 307 4 5 6 Public Ways Property For applicants who will be doing more than one project in the City a certificate of insurance may be left on file with the City Clerk without filing of a separate certificate for each permit In such cases one blanket bond indemnifying the City for completion and complying with the City ordinance may be filed in the aggregate amount of the total current jobs that said applicant will be undertaking at a rate and with the coverage as determined by the City Manager or the CityCouncil Any applicant to whom such permit is granted or the owner of any premises upon which the activity the subject of the permit occurs who shall refuse neglect or fail to fence guard properly drain or fill in any excavation when ordered o required by the City Engineer to so do as promptly as the same can reasonably be done shall be guilty of a violation of this Section Any filling or excavating in violation of this Section shall be evidence of negligence in any action by any person thereafter injured or damages incurred to the person or property thereby The City Manager or the City Council may for failure of any person to comply with any requirement made of him under the provisions of this Section after notice given to the applicant andor owner order that the applicant or owner promptly and within reasonable time comply with the requirements of said order and proceed to cause compliance as specified n the order and if such applicant or owner does not promptly and within reasonable time comply with the requirements of said order proceed to cause the required work to be accomplished the cost of which work shall be assessed against the property whereon such excavation or filling is situated or the City may at its option poceed to collect such costs by an action against the person to whom such permit has been issued and his sureties or security if such bond irrevocable letter of credit or monies or security exists 706700 NUISANCE PROHIBITED Each permit issued hereunder is issued upon condition that no nuisance shall be permitted upon the licensed premises and any excavation or filling or operation in connection therewith shall be such as to not interfere materially with the health or ordinary physical comfort of people living in the neighborhood because of dust dirt noise stagnant or deep accumulations of water vibration or shall be such as to materially depreciate the value of residences homes or the City of Pdor Lake Overall Storm Water Management Plan e City Manager may cancel any permit issued hereunder when the same is deemed a nuisance or may deny the permit if it is deemed a nuisance 706800 COMPLETION Upon completion of the operations authorized hereunder the person to whom the permit has been issued shall submit to the City a certificate from a registered land surveyor or registered professional engineer duly licensed by the State that the work has been completed in accordance with this Section A survey and two foot 2 topographical contour map shall be included to show the depth of the area from which material has been removed andor in which it has been deposited and the slopes from which the material has been removed andor City of Pdor Lake 706p7Surface Water Page 308 which it has been deposited connecting with adjoining land Public Ways Property 706900 ENFORCEMENT AND ENFORCEMENT PENALTIES In enforcing the provisions of this Section the City Manager Assistant City Manager City Planner Assistant City Planner Building Inspector and City Engineer shall have the power to issue citations for violation of this Section in lieu of arrest or continued detention In addition any violation of this Section may be enjoined by the City Council through proper legal channels Any person firm partnership or corporation who violates this Section shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine not to exceed seven hundred dollars 70000 or by imprisonment for a term not to exceed ninety 90 days or both for each offense Each day a violation is permitted toexist shall constitute a separate offense This Space Intentionally Blank For Future Amendments City of Prior Lake 706p8 Surface Water Page 309 Subdivision Code SECTION 1004 DESIGN STANDARDS SUBSECTIONS 1004100 PUBLIC WORKS DESIGN MANUAL 1004200 BLOCKS 1004300 LOTS 1004400 STREETS AND ALLEYS 1004500 SIDEWALKS AND MULTI PURPOSE TRAILS 1004600 EASEMENTS 1004700 EROSION AND SEDIMENT CONTROL 1004800 STORM DRAINAGE 1004900 PROTECTED AREAS 10041000 DEDICATION REQUIREMENTS 10041100 MINIMUM DESIGN FEATURES 10041200 ZONING ORDINANCE CONSISTENCY 1004100 PUBLIC WORKS DESIGN MANUAL The design standards outlined in the City Public Works Design Manual are hereby adopted and incorporated into this Subdivision Ordinance by reference 1004200 BLOCKS 1004201 Block Length In general intersecting streets determining block lengths shall be provided at such intervals so as to serve cross traffic adequately and to meet existing streets Where no existing plats control the blocks in residential subdivisions should not exceed one thousand three hundred twenty five feet 1325 nor be less than four hundred feet 400 in length except where topography or other conditions justify a departure from these dimensions In blocks longer than eight hundred feet 800 the City may require pedestrian ways andor easements through the block near the center of the block 1004202 Block Width The width of the block shall normally be sufficient to allow two 2 tiers of lots of appropriate depth Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use including adequate space for off street parking and deliveries 1004300 LOTS 1004301 Area The minimum lot area width and depth shall not be less than that established by the City Zoning Ordinance in effect at the time City ofPrior Lake 1004pl Surface Water Page 310 Subdivision Code 1004302 Corner Lots Corner lots for residential use shall exceed the minimum width and area requirements in the Zoning Use District by twenty percent 20 to permit appropriate building setback from both streets as required in the Zoning Ordinance 1004303 Side Lot Lines Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines 1004304 Frontage Every lot must have frontage on an approved street other than an alley All lots with the exception of townhouse lots must meet the minimum lot width requirements of the Use District as required in the City Zoning Ordinance 1004305 Setback Lines Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the City Zoning Ordinance as may be amended 1004306 Features In the subdividing of any land due regard shall be shown for all natural features such as tree growth watercourses historic spots or similar conditions which if preserved will add attractiveness and stability to the proposed development 1004307 Lot Remnants All remnants of lots below minimum lot size left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels unless a plan is provided showing the future use of the lot remnant 1004308 Political Boundaries No singular plat shall extend over a political boundary or school district line without written notification to and approval by the affected units of government 1004309 Frontage On Two Streets Double frontage or lots with frontage on two 2 parallel streets shall not be permitted except where lots back on collector or arterial streets County or State highways or where topographic or other conditions render subdividing otherwise unreasonable Such double frontage lots shall adhere to the following requirements 1 Lot Depth Double frontage lots shall have an additional depth of at least twenty feet 20 in order to allow space for screen plantings andor buffering along the back lot line To ensure adequate depth for such buffering the following minimum depth requirements shall be required for double frontage lots District Minimum Lot Depth R1 160 feet R2 120 feet 2 BufferingScreening All bufferyard requirements as regulated by the Zoning Ordinance must be satisfactorily met City ofPrior Lake 1004p2 Surface Water Page 311 Subdivision Code 1004310 Turn Around Access Where proposed residential lots abut a collector or arterial street they shall be platted in such a manner as to provide turn around access and egress on each lot This access and egress must be identified on the grading plan for the subdivision 1004311 Buffer Side Yards In the case of side yards involving single family residential lots abutting arterial streets lot widths shall be increased at least ten feet 10 above the minimum lot width for the purpose of establishing buffers along the lot line bordering such streets Buffering or side yards bordering major collector or arterial streets shall comply with the requirements as established by the Zoning Ordinance 1004312 Irregularly Shaped Lots On single family residential lots determined to be irregular in shape eg triangular the developer shall demonstrate to the City an ability to properly place principal buildings and accessory structures upon the site that are compatible in size and character to the surrounding area 1004400 STREETS AND ALLEYS 1004401 Continuous Streets Except for culdesacs streets shall connect with streets already dedicated in adjoining or adjacent subdivisions or provide for future connections to adjoining unsubdivided tracts or shall be a reasonable projection of streets in the nearest subdivided tracts The arrangement of thoroughfares and collector streets shall be provided in a manner consistent with the Comprehensive Plan Dedicated streets shall be constructed to the property boundary of the subdivision 1004402 Local Streets Local streets should be designed so as to discourage their use by nonlocal traffic 1004403 Street Plans For Future Subdivisions Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider 1004404 Temporary CulDeSac In those instances where a street is terminated pending future extension in conjunction with a future subdivision and there is more than two hundred feet 200 between the dead end and the nearest intersection a temporary turn around facility shall be provided at the closed end This temporary cul desac must be designed as approved by the City Engineer and must be placed inside a temporary roadway easement if located outside a street right of way The subdivider shall be required to provide an irrevocable letter of credit in a form acceptable to the City Attorney for removal or restoration of the temporary cul desac as determined by the City 1004405 Provisions For Resubdivision Of Large Lots And Parcels When a tract is subdivided into larger than normal building lots or parcels such lots or parcels shall be so arranged as to permit the logical location and openings of future City ofPrior Lake 1004p3 Surface Water Page 312 Subdivision Code streets and appropriate resubdivision with provision for adequate utility connections for such resubdivision 1004406 Street Intersections Streets shall be laid out so as to intersect as nearly as possible at right angles except where topography or other conditions justify variations The minimum angle of intersection of streets shall be eighty 80 degrees Local street intersections must have a centerline offset of at least 280 feet Local streets intersecting with a collector or higher order street must have a centerline offset of at least 660 feet unless topographic or other conditions render the requirements of this provision unreasonable 1004407 Subdivisions Abutting Major Rights OfWay Wherever the proposed subdivision contains or is adjacent to the rightofway of a State highway or thoroughfare provision may be made for a marginal access street approximately parallel and adjacent to the boundary of such rightofway provided that appropriate consideration is given to circulation design or provision may be made for a street at a distance suitable for the appropriate use of land between such street and rightofway Such distance shall be determined by the City with due consideration of the minimum distance required for approach connections to future grade separations or for lot depths 1004408 HalfStreets Dedication of halfstreets shall not be allowed unless they are essential to the reasonable development of the subdivision and the construction of halfstreets shall conform with the requirements of these regulations or where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided 1004409 Reserve Strips Reserve strips controlling access to streets are prohibited 1004410 Street RightOfWay And Surface Widths Street right ofway and surface widths shall conform to the following standards Street Design Classifications Rightofway ROW Street Widths in feet Measured face of curb to fact of curb Principal or minor arterial As required by state or county As required by state or county Collector 80 100 feet 36 52 feet Local 50 60 feet 28 32 feet RightofWay dedications excluding turnaround area may be reduced from 60 to 50 feet and street widths may be reduced from 32 feet to not less than 28 feet in areas determined by the City to be environmentally sensitive due to topography forestation wetlands andor proximity to the Shoreland District The reduction in width shall be made at the sole discretion of the City per Section 1004414 1004411 Street Sections The street section shall comply with design standards as set forth in the Public Works Design Manual All street designs are subject to the review and approval of the City City ofPrior Lake 1004p4 Surface Water Page 313 Subdivision Code 1004412 Dead End Streets Prohibited Dead end streets temporary or permanent without culdesac turnarounds are prohibited unless otherwise provided for in this Subdivision Ordinance 1004413 CulDeSacs 1 Criteria For Construction Permanent cul desacs are allowed only here one or more of the following criteria have been met Area topography or other physical site conditions warrant a culde sac A through street is not physically feasible or desirable due to environmental considerations 2 Requirements Permanent culdesacs shall not be longer than five hundred feet 500 measured to the centerline of the intersection and including a terminal turnaround which shall be provided at the closed end with a right of way radius not less than sixty feet 60 1004414 Environmentally Sensitive Area Exceptions In areas determined by the City to be environmentally sensitive due to topography forestation andor wetlands deviations to the design standards outlined in this Section may be allowed provided that such deviations are limited to the following All lots shall meet or exceed the minimum standards for the applicable zoning district The curb cut opening on the street shall meet established standards Street widths may be reduced from thirtytwo feet 32 to no less than twenty eight feet 28 1004415 Private Streets Private streets shall only be permitted in Planned Unit Developments which have homeowner associations approved by the City Private streets shall be platted as outlots and shall be designed and constructed in the same manner as public streets provided the street pavement may be contained within the outlot and the balance of the street rightofway may be contained within adjacent easements provided that the combined width of outlots and easements shall not be less than the rightofway pavement width and easement requirements for public streets 1004416 Functional Classification Streets within the City shall be dedicated in accordance with their functional classification as designated within the Citys Comprehensive Plan 1004500 SIDEWALKS AND MULTI PURPOSE TRAILWAYS 1004501 Required SidewalkslTrails Sidewalks or trails shall be required for all new projects where a means of pedestrian access from the development to schools City ofPrior Lake 1004p5 Surface Water Page 314 Subdivision Code parks churches business or industrial developments adjacent neighborhoods transportation facilities or for unusually long blocks is necessary in order to meet the purpose and objectives of the Comprehensive Plan and of this Section Section 1004503 contains the guidelines for the location installation and maintenance of sidewalks within the City The City Council shall make the final determination of the type and location of sidewalks to be installed Paved or concrete sidewalks or trails that may not strictly follow the street may be permitted by the City Council Sidewalks or trails in common area or other locations away from greets which are typically found in Planned Unit Developments or cluster developments generally should be integrated into the detailed area plan or layout permitting visual surveillance of the path from the street or nearby houses 1004502 Standards 1 Sidewalks shall be constructed of concrete five feet 5 wide An eight foot 8 concrete sidewalk will be required in high density areas where safety is a concern including but not limited to commercial and industrial areas multi family areas and school zones 2 Sidewalks shall be located within a public rightofway public easement or common area or at least one foot 1 inside of the rightofway line A border area or grass strip located between the street edge of the sidewalk and curb face shall be installed to provide a visual break between the paved surface of the street and sidewalk a suitable location for snow storage and to provide pedestrian safety by further moving the sidewalk from the road surface in accordance with the Public Works Design Manual 3 A continuous sidewalk without a grass strip will be required where the City determines that turf maintenance will likely be a problem and pedestrian traffic is considerable 4 Sidewalk street crossings shall be located at a point along the road that offers adequate sight distance as determined by the City 5 Barrier curbs vertical curbs six inches 6 high shall be provided along collector streets or streets located in commercial or industrial areas adjacent to sidewalks to help prevent vehicles from leaving the roadway control drainage protect pavements edges and protect sidewalks lawns utilities signs and street trees from encroachment by vehicles unless otherwise required by Federal State or County guidelines 6 Curb cuts and ramps shall be installed in accordance with the Public Works Design Manual 7 When sidewalks cross streets a treatment such as striping landscaping medians colored or stamped concrete or signs to identify the crosswalk as City ofPrior Lake 1004p6 Surface Water Page 315 Subdivision Code approved by the City shall be installed by the Developer 8 In development projects that contain hills or steep topography the sidewalk pattern shall conform as closely as possible to the standards found herein and to connecting walkways 9 Where possible new sidewalks shall be a logical extension of the existing sidewalks in adjacent developments 1004503 Guidelines for Location Construction and Maintenance of SidewalkslTrails in New Developments Street Type Number of SidewalksTrails Installation Paid by DevCity Maintained by OwnerCity None or 1 1 or 2 Sides Both Sides Local X Developer OwnerCity Minor Collector X Developer OwnerCity Major Collector X DeveloperCity OwnerCity Minor Arterial X DeveloperCity OwnerCity Major Arterial X DeveloperCity OwnerCity Principal Arterial X DeveloperCity OwnerCity Other jurisdictions such as MNDoT or Scott County 1004504 Additional Guidelines If a public improvement is not listed in the Citys CIP the developer will be responsible for cost and installation of sidewalk system The City may require that sidewalks be installed on local streets or on one side of a minor collector when a trail also serves the street or where topographical or traffic conditions warrant 1004600 EASEMENTS 1004601 Width And Location An easement for utilities at least ten feet 10 wide shall be provided along all lot lines If necessary for the extension of watermain sewer lines stormwater sewer lines drainage and other utilities easements of greater width may be required along lot lines or across lots 1004602 Continuous Utility Easement Locations The design and location of utility easements shall connect with easements established in adjoining properties These easements when approved shall not thereafter be changed without the written approval of the City Council after a public hearing 1004603 Exclusion From Minimum Lot Area Easements established over major drainage ways wetlands water bodies road rightofways and regional utility pipeline easements shall be excluded from the calculation of minimum lot areas as defined by the Subdivision Ordinance and by the provisions of the Zoning Ordinance 1004604 Outlot Alternative The City may require outlots rather than easements for wetlands watermain sewer lines storm sewer lines drainage areas temporary cul de sacs and other features when these features will be owned and City ofPrior Lake 1004p7 Surface Water Page 316 Subdivision Code maintained by the City The subdivider is responsible for providing the City with a recorded warranty deed in a form approved by the City Attorney for the outlot and for payment of all taxes on the outlot A recorded copy of this deed shall be delivered to the City immediately upon recording of the final plat Ord Amend 11401 publ 11814 1004700 EROSION AND SEDIMENT CONTROL The design of erosion and sediment control structures and procedures shall be in conformance with the provisions of the Public Works Design Manual and in accordance with other State regulations 1004800 STORM DRAINAGE All subdivision design shall incorporate provisions for storm water runoff consistent with the Public Works Design Manual and the Comprehensive Stormwater Management Plan 1004900 PROTECTED AREAS Where land proposed for subdivision is deemed environmentally sensitive by the City due to the existence of features including but not limited to wetlands drainageways watercourses areas subject to flooding significant trees steep slopes or wooded areas the design of said subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impacts 1004901 Based upon the necessity to control and maintain certain sensitive areas the City shall determine whether said protection will be accomplished through lot enlargement and redesign or dedication to the City of those sensitive areas in the form of outlots 1004902 Measures intended to protect the areas designated as environmentally sensitive shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas Such measures when deemed appropriate by the City may include but shall not be limited to the following The establishment of easements andor outlots over wetlands drainageways and watercourses The implementation of flood control measures The enlargement of lots or redesign of the subdivision The utilization of appropriate erosion control measures subject to approval by the City Soil testing to determine the ability of the proposed subdivision to support development The limitation of development on slopes steeper than thirty 30 percent Structures that conform to the natural limitations presented by the topography and soil so as to minimize to the greatest extent feasible the potential for soil City ofPrior Lake 1004p8 Surface Water Page 317 Subdivision Code erosion The implementation of slope stabilization measures The establishment of a buffer zone around wetlands as outlined in Section 1004903 1004903 Buffer Strip Requirement For any parcel created on or after the effective date of this ordinance a buffer strip shall be maintained around the perimeter of all wetlands The buffer strips shall meet the following requirements Buffer strips shall be a minimum of twenty 20 feet wide with an average width of thirty 30 feet measured from the ordinary high water level of the wetland Buffer strips shall be required whether or not the wetland is on the same parcel as the proposed development or on an adjacent parcel Buffer strip vegetation shall be established and maintained in accordance with subsection 4 below Buffer strips shall be identified within each parcel by permanent monumentation in accordance with subsection 6 below Where acceptable natural vegetation exists in buffer strip areas the retention of such vegetation in an undisturbed state is required unless the applicant receives approval to replace such vegetation In the event the buffer strip area is graded it shall be seeded or planted with native wetland vegetation where possible or in accordance with the standards for buffer strip vegetation in the Public Works Design Manual Monumentation A monument shall be required at each parcel line where it crosses a buffer strip and shall have a maximum spacing of 200 feet along the edge of the buffer strip Additional monuments shall be placed as necessary to accurately define the edge of the buffer strip A monument shall consist of a post and a buffer strip sign The signs shall be 11 inch x 17 inch vertical have a brown field with white lettering and shall be securely mounted on a post to a minimum height of 4 feet above grade The signs shall include warnings about disturbing or developing the buffer strip The signs shall be installed prior to the issuance of a building permit 1004904 Buffer Strip Alterations 1 Alterations including building storage paving mowing plowing introduction of noxious vegetation cutting dredging filling mining dumping grazing livestock agricultural production yard waste disposal or fertilizer application are prohibited within any buffer strip Noxious vegetation such as European buckthorn purple loosestrife and reed canary grass may be removed as long as the buffer strip is maintained to the standards required by this ordinance Alterations would not include plantings that enhance the natural vegetation or selective clearing or pruning of trees or vegetation that are dead diseased or City ofPrior Lake 1004p9 Surface Water Page 318 Subdivision Code pose similar hazards 2 The following activities shall be permitted within any buffer strip and shall not constitute prohibited alterations under subsection 1004904 1 above Use and maintenance of an unimproved access strip through the buffer not more than 20 feet in width for recreational access to the wetland Placement maintenance repair or replacement of utility and drainage systems that exist on creation of the buffer strip or are required to comply with any subdivision approval or building permit as long as any adverse impacts of utility or drainage systems on the function of the buffer strip have been avoided or minimized to the extent possible and Construction maintenance repair reconstruction or replacement of existing and future public roads crossing the buffer strip as long as any adverse impacts of the road on the function of the buffer strip have been avoided or minimized to the extent possible 1004905 Alternate Buffer Strips 1 Because of unique physical characteristics of a specific parcel narrower buffer strips may be necessary to allow a reasonable use of the parcel The use of alternate buffer strips will be based on an assessment of the size of the parcel Existing roads and utilities on the parcel The percentage of the parcel covered by wetlands The configuration of the wetlands on the parcel The quality of the affected wetlands Any undue hardship that would arise from not allowing the alternative buffer strip 2 The use of alternative buffer strips will be evaluated as part of the review of a preliminary plat 3 Where alternative buffer strip standards are approved the width of the buffer strips shall be established by the City and include a minimum width of 10 feet Alternative buffer strips must be in keeping with the spirit and intent of this Rule 1004906 Additional Setback Requirements In any residential zoning districts the subdivision grading plan shall indicate a minimum setback of thirty feet 30 measured from the 100 year flood elevation of any wetland or detention pond to City ofPrior Lake 1004p10 Surface Water Page 319 Subdivision Code the building pad or house location 10041000 PARKLAND DEDICATION REQUIREMENTS The owners of any land being subdivided for residential commercial industrial or other uses or as a Planned Unit Development shall dedicate a reasonable portion of the subdivided land to the public for public use as parks playgrounds trails or public open space The City has determined the land dedication requirement to be equivalent to ten percent 10 of the net area of a subdivision Net area is defined as the gross area of land within the proposed subdivision less any stormwater pending or wetland easements conveyed to the City Street rightofway is inclusive Any road rightofway necessary for County or State highways or excess collector street rightof way shall be excluded for the purpose of parkland calculation The amount of credit given for land to be dedicated shall be based upon the land characteristics and in accordance with the following schedule amd Ord 0309 pub 62803 DEDICATION SCHEDULE Land Characteristic Dedication Credit Wooded areas or dry upland with undisturbed topsoil 100 and slopes not exceeding 10 Land on which the Developer has provided a 100 minimum of 4 of topsoil graded to meet public use needs and does not exceed 10 slopes Wetlands NURP ponds water retention areas 0 and other lands which are not usable for public recreation purposes At the City Councils discretion the City may accept other parcels for public use which do not meet the above criteria when they meet public purposes andor are contiguous to acceptable park trail and open space land No credit for the non qualifying land will be given toward the satisfaction of park dedication requirements 10041001 Land Preparation Dedicated land shall be made suitable by the developer for its intended use as parks and playgrounds trails or public open space The City shall determine the final condition of the land that is to be dedicated and the developer shall be responsible for grading topsoil turf establishment and construction of any trails unless otherwise directed by the City The City further reserves the right not to accept land that in its discretion is not useable for the aforedescribed purposes does not provide park facilities in the locations set forth in the Citys Comprehensive Plan or land that would require extensive expenditures on the part of the City to make them useable 10041002 At the Citys option the subdivider shall contribute an equivalent amount in cash or in cash and land in lieu of all or a portion of the land that the City may require such owner to dedicate pursuant to subsection 10041000 above The cash amount shall be based on an amount determined annually by the City Council as City ofPrior Lake 1004p11 Surface Water Page 320 Subdivision Code part of the adoption of the City fee schedule 10041003 Whenever the term dedicate is used in this Section it shall mean a dedication to the City of land or cash or some combination thereof whichever the City at its option shall require The dedication shall be made prior to the Citys release of the final plat for filing 10041004 In instances where cash is required in lieu of land payments as required by this Section shall be made prior to the release of the final plat to the subdivider 10041005 Unless otherwise provided by the City all land to be dedicated for park purposes shall be dedicated to the public and identified as Park on the final plat 10041006 Prior to the dedication of such land for public use the subdivider shall deliver to the City a title opinion addressed to the City and in a form acceptable to the City Attorney as to the condition of the title of such property or in lieu of a title opinion a title insurance policy from a title company acceptable to the City insuring the required public interest in the dedication therein 10041007 In those cases where the City has agreed to allow the conveyance of parkland by a deed rather than dedication on the plat the subdivider shall immediately upon filing of the final plat or other appropriate subdivision documents file for recording all easements deeds or other conveyances of property required as a condition to the subdivision plat approval and provide evidence to the City No building permits shall be issued to any lot or parcel in said plat until all such documents have been executed and filed 10041100 MINIMUM DESIGN FEATURES The design features set forth in the Subdivision Ordinance are minimum requirements The City may impose additional or more stringent requirements concerning lot size streets and overall design as deemed appropriate considering the property being subdivided 10041200 ZONING ORDINANCE CONSISTENCY Preliminary and final plats shall only be approved if they are consistent with the Citys Zoning Ordinance Preliminary plats shall not be approved prior to adoption of any pending rezoning application any pending rezoning initiated by the City or any other Zoning Ordinance changes necessary for final plat approval City ofPrior Lake 1004p12 Surface Water Page 321 Zoning Ordinance City of Prior Lake June 1 2009 1104 p1 SECTION 1104 SHORELAND REGULATIONS SUBSECTIONS 1104 100 General Provisions 1104 200 Designation of Types of Land Use 1104 300 Zoning Provisions 1104 400 Shoreland Alterations 1104 500 Special Provisions for Commercial Industrial Public Semi Public Agricultural and Forestry 1104 600 Water Supply and Sewage Treatment 1104 700 Conditional Uses 1104 800 Planned Unit Developments PUDs 1104 900 Development on Nonconforming Lots 1104 100 GENERAL PROVISIONS 1104 101 Statutory Authorization This Chapter is adopted pursuant to the authorization and policies contained in Minnesota Statutes chapter 103F Minnesota Code of Agency Regulations parts 6120 2500 6120 3900 and the planning and zoning enabling legislation in Minnesota Statutes chapter 462 1104 102 Policy The uncontrolled use of shorelands of the City of Prior Lake affects the public health safety and general welfare not only by contributing to pollution of public waters but also by impairing the local tax base Therefore it is in the best interests of the public health safety and welfare to provide for the wise development of shorelands of public waters The Legislature of Minnesota has delegated responsibility to the municipalities of the State to regulate the subdivision use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters preserve the economic and natural environmental values of shorelands and provide for the wise utilization of waters and related land resources This responsibility is hereby recognized by the City of Prior Lake 1104 200 DESIGNATION OF TYPES OF LAND USE 1104 201 Shoreland Management Classification In order to guide the wise development and utilization of shorelands of protected water for the preservation of water quality natural characteristics economic values and the general health safety and welfare certain protected waters in the City have been given a shoreland management classification Surface Water Page 322 Zoning Ordinance City of Prior Lake June 1 2009 1104 p2 These protected waters of the City have been classified by the Commissioner of Natural Resources according to the DNR Protected Waters Maps for Scott County as follows Ord Amend 114 04 publ 2 15 14 Recreational Environment Lakes DNR ID No OHWM 1 Markley Lake Township 114N Range 21 22W Section 6 1 70 21W 893 2 2 Unnamed Blind Lake Township 114 Range 22W Sections 1 2 70 53 948 7 3 Unnamed Jeffers Pond Township 115 Range 21 22W Section 27 70 77 866 1 Natural Environment Lakes DNR ID No OHWM 1 Howard Lake Township 114 115N Range 22W Sections 5 32 70 73P 957 3 2 Pike Lake Township 115N Range 22W Section 23 70 76P 820 5 3 Unnamed Arctic Lake Township 115N Range 22W Sections 33 34SW 70 85 906 7 4 Keup s Lake Mystic Lake Township 115N Range 22W Section 27NW 70 79W 960 0 5 Hass Lake Township 115N Range 22W Section 27NW 70 78 907 3 6 Campbell Lake Township 114N Range 22W Sections 5 6 70 56 925 5 7 Crystal Lake Township 114N Range 22W Sections 10 11 70 61 943 3 8 Rice Lake Township 114N Range 22W Sections 10 11 70 60 945 0 9 Cleary Lake Township 114N Range 21W Section 7 70 22 937 8 Surface Water Page 323 Zoning Ordinance City of Prior Lake June 1 2009 1104 p3 General Development Lakes DNR ID No OHWM 1 Spring Lake Township 114 Range 22 Sections 3 5 8 10 70 54P 912 8 2 Lower Prior Lake Township 115 Range 21 22 Sections 30 25 26 35 36 70 26P 904 0 3 Upper Prior Lake Township 114 115N Range 22W Sections 2 4 34 35 70 72P 904 0 Tributary Streams Legal Description 1 Unnamed to Upper Prior Lake SE 1 4 Section 4 SW 1 4 Section 3 Township 114N Range 22W 2 Unnamed Tributary NE 1 4 Section 26 Section 23 SE 1 4 Section 14 Township 115N Range 22W 1104 202 Shoreland District The shorelands of the City of Prior Lake are hereby designated as a Shoreland Overlay District The purpose of the Shoreland Overlay District is to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of these protected waters of the City 1 Permitted Uses All permitted uses allowed and regulated by the applicable zoning district as indicated on the official Zoning Map of the City 2 Conditional Uses All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying this Shoreland Overlay District as indicated on the official Zoning Map of the City and as required by Subsection 1108 200 3 Nonconforming Uses Any uses of shorelands which were in legal existence prior to the date of enactment of this Section which are permitted within the applicable Use District but do not meet the minimum lot area setbacks or other dimensional requirements of this Chapter are nonconforming uses However structural alterations which substantially increase the nonconforming dimensions may not be allowed 4 Prohibited Uses Any uses which are not permitted permitted with conditions or permitted as conditional uses as regulated by the applicable Use District underlying this Shoreland Overlay District as indicated on the official Zoning Map of the City Surface Water Page 324 Zoning Ordinance City of Prior Lake June 1 2009 1104 p4 1104 300 ZONING PROVISIONS The following standards shall apply to all shorelands of the protected waters listed in Subsection 1104 201 within the City Where the requirements of the underlying zoning district as shown on the Official Zoning Map are more restrictive than those set forth herein then the more restrictive standards shall apply 1104 301 Unsewered Lakes Lot Area Width and Setback Requirements 1 Natural Environment Riparian Lots Non Riparian Lots Area Width Area Width Single 10 acres 330 10 acres 330 2 Tributary Rivers and Streams Riparian Lot Widths Single Family 100 feet Duplex 150 feet Triplex 200 feet Quad 250 feet There are no minimum lot area requirements for rivers and streams 3 Setback Requirements Natural Development Lakes Tributary Rivers Structure setback from OHWM feet 150 100 Unplatted Cemetery feet 50 50 Structure height limitation feet 35 35 Sewage System setback from OHWM feet 150 75 Surface Water Page 325 Zoning Ordinance City of Prior Lake June 1 2009 1104 p5 1104 302 Sewered Lakes Lot Area Width and Setback Requirements 1 Natural Environment Riparian Lots Non Riparian Lots Area Width Area Width Single 40 000 125 20 000 100 Duplex 70 000 225 35 000 220 Triplex 100 000 325 52 000 315 Quad 130 000 425 65 000 410 For non riparian lots within the Hass Lake Shoreland District the minimum lot area shall be 12 000 square feet and the minimum lot width shall be 86 feet 2 Recreational Development Riparian Lots Non Riparian Lots Area Lot Width F r o n t Width a t O H W Area Lot Width Front Single 15 000 90 75 12 000 86 Duplex 35 000 135 75 26 000 135 Triplex 50 000 195 75 38 000 190 Quad 65 000 255 75 49 000 245 3 General Development Riparian Lots Non Riparian Lots Area Lot W i d t h F r o n t Width at O H W Area Lot Width Front Single 15 000 90 75 12 000 86 Duplex 26 000 135 75 17 000 135 Triplex 38 000 195 75 25 000 190 Quad 49 000 255 75 32 000 245 Surface Water Page 326 Zoning Ordinance City of Prior Lake June 1 2009 1104 p6 Tributary Riparian Lot Widths OHW Lot Width Single 86 75 Duplex 115 75 Triplex 150 75 Quad 190 75 There are no minimum lot size requirements for rivers and streams 4 Setback Requirements Natural Development Lakes Recreational Development Lakes General Development Lakes Tributary Development Lakes Structure height setback from OHW feet 150 75 75 75 Unplatted Cemetery feet 50 50 50 50 Structure height limitation feet 35 35 35 35 1104 303 Bluff Impact Zones Structures and accessory facilities excluding stairways lifts and landings shall not be placed in bluff impact zones except for the following An expansion of a legally nonconforming principal structure that does not meet the bluff setback is permitted provided that The expansion is lateral to the existing intrusion into the setback and does not project any further into the setback than an extension of a line drawn along the edge of the existing intrusion The expanded structure is in harmony with the general purpose andintent of the ordinance consistent with the comprehensive plan and will not alter the essential character of the locality and The structural footprint of the expansion into the bluff setback shall not exceed 500 square feet Ord Amd 116 13 publ 06 04 2016 Surface Water Page 327 Zoning Ordinance City of Prior Lake June 1 2009 1104 p7 1104 304 Bluff Setbacks The required setback from the Top of Bluff is determined as follows as measured from the Top of Bluff the upper end of a segment at least 25 feet in length having an average slope less than 18 1104 305 Engineering Reports Required On properties for which construction is proposed within a bluff impact zone or bluff setback the applicant for a building permit and the property owner shall provide the following 1 The applicant for a building permit on that property shall provide a report and calculations prepared and signed by a professional engineer registered by the State of Minnesota on the bluff stability and the impact any excavation fill or placement of structures will have on the site and whether the excavation fill or placement of structures will cause any slope to become unstable or will impose loads that may affect the safety of structures or slopes The report shall include the following The global failure plane determination of the slope substantiated by at least one soil boring at an appropriate depth and location Analysis of the land influence zone and its intersection with the failure plane based on the soil type The Engineer s recommendations for the proper design and maintenance of a drainage system so the site development will not interfere with adequate drainage for the site or adjacent properties will not obstruct damage or adversely affect existing sewer or drainage facilities will not adversely affect the quality of stormwater runoff will not adversely affect downstream properties wetlands or bodies of water and will not result in erosion or sedimentation If the initial determination indicates that the load influence zone intersects or falls within the global failure plane a global stability analysis of the bluff shall be required 25 Surface Water Page 328 Zoning Ordinance City of Prior Lake June 1 2009 1104 p8 2 The owner of the property shall submit an as built survey and post construction report completed by a professional engineer registered by the State of Minnesota that the final grading of the site was completed in compliance with an approved grading plan and that the recommendations contained in the engineer s report have been adhered to 3 The Building Official the Community Development Natural Resources Director and the City Engineer may waive the engineer s report requirement for replacement decks new decks or additions to existing decks replacement retaining walls stairways lifts and landings water oriented accessory structures and additions or new structures not exceeding 480 square feet in size under the following conditions a An inspection of the site does not indicate any obvious erosion conditions b There is no history of bluff failure on the site or on the adjacent lots Ord Amd 116 13 publ 06 04 2016 1104 306 Impervious Surface Coverage Impervious surface coverage for lots in all Use Districts shall not exceed 30 of the lot area except as provided in the following sections Such impervious surface coverage shall be documented by a certificate of survey at the time of any zoning or building permit application according to the definitions of impervious surface as listed in Subsection 1101 400 1 An existing site which is being altered remodeled or expanded without expanding the existing impervious surface may be allowed provided that where appropriate and where necessary structures and practices for the treatment of storm water runoff are in compliance with the Prior Lake Storm Water Management Plan and approved by the City Engineer 2 In all C and I Use Districts and for Park Recreation uses new construction on conforming lots or an existing site being altered remodeled or expanded which expands the existing impervious surface coverage may be allowed where necessary provided the site conforms to the Prior Lake Storm Water Management Plan Best Management Practices and is approved by the City Engineer provided the impervious surface coverage does not exceed 75 of the total lot and provided the following stipulations are met All structures additions or expansions shall meet setback and other requirements of this Ordinance The lot shall be served by municipal sewer and water Storm water is collected and treated in compliance with the City Storm Water Management Plan and Best Management Practices Such treatment may be comprised of either on site control access to the Citys storm water control system or a combination of both to be approved by the City Engineer Surface Water Page 329 Zoning Ordinance City of Prior Lake June 1 2009 1104 p9 3 Impervious surface coverage for all C and I Use Districts and for Park Recreation uses may be allowed to exceed 75 of the total lot or exceed existing conditions on the lot which are over 75 provided the following stipulations are met A conditional use permit is submitted and approved as provided for in subsection 1108 200 Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in compliance with the City Storm Water Management Plan in place for the collection and treatment of storm water runoff or will be constructed in conjunction with a conditional use permit application All the conditions in subsection 1104 306 2 above are satisfactorily met 4 Measures for the treatment of stormwater runoff and or prevention of stormwater from directly entering public water include such appurtenances as sediment basins debris basins desilting basins or silt traps installation of debris guards and microsilt basins on storm sewer inlets oil skimming devices etc 1104 307 Additional Special Provision 1 Residential subdivisions with dwelling unit densities exceeding those in Subsection 1104 301 and 1104 302 of this subsection shall only be allowed if designed and approved as residential planned unit developments under Subsection 1104 800 Only land above the ordinary high water level of public water can be used to meet lot area standards and lot width standards must be met at both the ordinary high water level and at the building line 2 Subdivisions of duplexes triplexes and quads on Natural Environment Lakes must also meet the following standards a Each building must be set back at least 200 feet from the ordinary high water level b Each dwelling unit must be separately served by public utilities none of which are shared c Watercraft docking units must be separately served by public utilities none of which are shared d No more than 25 of a lake s shoreline can be in duplex triplex or quad developments 3 Mooring Facilities shall meet the following conditions as determined by the Zoning Administrator a The facility shall be compatible with the adjacent land and water uses Surface Water Page 330 Zoning Ordinance City of Prior Lake June 1 2009 1104 p10 b Adequate water depth is available for the proposed facility without churning of bottom sediments c The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden d The facility will not affect the quality of water and the ecology of the lake e The facility by reason of noise fumes or other nuisance characteristics will not be a source of annoyance to persons in the vicinity of the facility f Adequate sanitary and parking facilities will be provided in connection with the facility g Compliance with the provisions of Subsection 1104 307 4 5 or 6 as applicable 4 Controlled Access Lots are permitted only on General Development Lakes by Conditional Use Permit Controlled Access Lots shall comply with the conditions listed in Section 1102 and with any other conditions the Planning Commission or City Council in the case of an appeal may impose that are intended to promote the health safety and welfare of the residents within the City Ord Amd 115 23 Pub 10 10 2015 5 Recreational Marinas shall be allowed on a riparian lot in the R 2 or C 2 Zoning Districts The lot and Recreational Marina shall meet the following minimum conditions as determined by the Zoning Administrator a The minimum lot size shall be one 1 acre b The allowable number of Boat Slips shall be based on the conditions identified in Subsection 1104 307 3 and 5 c The lot shall provide paved off street parking at a minimum ratio of one 1 parking space per four 4 Boat Slips parking shall not be located below the Ordinary High Water Elevation and shall further meet the standards in Subsection 1104 501 1 of this Ordinance In addition a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run off from the parking d The lot shall meet the impervious surface coverage requirements in Subsection 1104 306 of this Ordinance For purposes Subsection 1104 306 2 and 3 Recreational Marinas shall be defined as a permitted commercial C use Surface Water Page 331 Zoning Ordinance City of Prior Lake June 1 2009 1104 p11 e The lot shall have public bathrooms connected to municipal sanitary sewer or Portable Toilets as approved by the City f All General Performance Standards in Section 1107 of this Ordinance shall apply Bufferyards Type C as defined in Subsection 1107 2005 shall be constructed along any R Use District Signage shall be allowed per Subsection 1107 810 for Lake Services and shall further meet the standards in Subsection 1104 501 3 of this Ordinance 6 Commercial Marinas shall be allowed on a riparian lot in the R 2 or C 2 Zoning Districts The lot and Commercial Marina shall meet the following minimum conditions as determined by the Zoning Administrator a The minimum lot size shall be one 1 acre b The lot shall provide paved off street parking at a minimum ratio of one 1 parking space per four 4 boat slips parking shall not be located below the Ordinary High Water Elevation and further meet the standards in Subsection 1104 501 1 of this Ordinance In addition a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run off from the parking Additional off street parking may be required for boat tours or if the Zoning Administrator determines that an ancillary use requires additional parking c The lot shall have public bathrooms connected to municipal sanitary sewer as approved by the City d The lot shall meet the impervious surface coverage requirements in Subsection 1104 306 of this Ordinance For purposes Subsection 1104 306 2 and 3 Commercial Marinas shall be defined as a permitted commercial C use e All General Performance Standards in Section 1107 of this Ordinance shall apply Bufferyards Type C as defined in Subsection 1107 2005 shall be constructed along any R Use District Signage shall be allowed per Subsection 1107 810 for Lake Services and further meet the standards in Subsection 1104 501 3 of this Ordinance f Hours of operation for boat tours shall be limited to between 7 00 a m and 10 00 p m seven days a week g Commercial Marinas shall obtain and comply with a permit issued by the Minnesota Department of Natural Resources The permit shall determine the number of allowable Boat Slips 7 All Recreational Marinas and Commercial Marinas shall obtain a Conditional Use Permit following the procedures set forth in Subsections 1108 205 through 1108 222 The conditions set forth in Subsection 1104 307 3 and either 5 or 6 as applicable as well as any conditions imposed by the Surface Water Page 332 Zoning Ordinance City of Prior Lake June 1 2009 1104 p12 Planning Commission or City Council shall apply to Conditional Use Permits issue to Recreational Marinas and Commercial Marinas Ord Amd 114 12 publ 6 28 14 8 Dedicated Waterfront are permitted only in R 1 zoning districts No new Dedicated Waterfront may be established after January 1 2016 Dedicated Waterfront are permitted a maximum of 1 Boat Slip for every 18 75 feet of Lot width as measured at the Ordinary High Water Elevation Ord Amd 116 05 publ 04 02 16 1104 308 Placement Design And Height Of Structures 1 Piers and Docks Setback requirements from the ordinary high water mark shall not apply to piers and docks Location of piers and docks shall be controlled by applicable state and local regulations 2 Setback Requirements For Residential Structures On shoreland lots that have 2 adjacent lots with existing principal structures on both such adjacent lots any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the ordinary high water mark or 50 feet whichever is greater provided all other provisions of the Shoreland Overlay District are complied with In cases where only one of the two lots adjacent to an undeveloped shoreland lot has an existing principal structure the average setback of the adjacent structure and the next structure within 150 feet may be utilized Setback averaging may not be utilized when an undeveloped shoreland lot is adjacent to two other undeveloped shoreland lots In no instance shall a principal structure be located in a shore impact zone or a bluff impact zone a The following shall not be considered encroachments into the lakeshore or bluff setback 1 Eaves gutters and basement egress windows provided they do not extend more than 2 feet into a yard and provided such encroachment is no closer than 5 feet from any lot line 2 Yard lights and nameplate signs for one and two family dwellings in the R 1 R 2 and R 2 districts 3 Floodlights or other sources of light illuminating authorized signs or illuminating parking areas loading areas or yards for safety and security purposes if these meet the regulations of Subsection 1107 1800 4 Flag poles bird baths and other ornamental features detached from the principal building which are a minimum of 5 feet from any lot line 5 Canopies no more than 12 feet wide are permitted in the R 3 C 1 C 2 C 3 and I 1 Districts if they are open at the sides Surface Water Page 333 Zoning Ordinance City of Prior Lake June 1 2009 1104 p13 comply with provisions of Subsection 1101 506 and provide 14 feet of clearance if located over any access roadway or fire lane b The following recreational equipment shall not be encroachments on the lakeshore or bluff setback requirements boats boat trailers general purpose trailers fish houses fire pits utility trailers jet skis snowmobiles and other lake oriented items c Additional regulations regarding encroachments allowed in front rear and side yards are located in Subsection 1101 503 d Decks not meeting the required setbacks may be replaced if the following criteria are met The deck existed on the date the structure setbacks were established The replacement deck is in the same size configuration location and elevation as the deck in existence at the time the structure setbacks were established The deck is not roofed or screened and The existing deck is not located within an easement right of way or over a property line 3 High Water Elevations Structures must be placed in accordance with any flood plain regulations applicable to the site Where these controls do not exist the elevation to which the lowest floor including basement is placed must be determined as follows a For lakes by placing the lowest floor at a level at least 3 feet above the highest known water level or 3 feet above the ordinary high water level whichever is higher b For rivers and streams by placing the lowest floor at least 3 feet above the flood of record if data are available If data are not available by placing the lowest floor at least 3 feet above the ordinary high water level or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation Under all three approaches technical evaluations must be done by a qualified engineer or hydrologist consistent with Parts 6120 5000 to 6120 6200 governing the management of flood plain areas If more than one approach is used the highest flood protection elevation determined must be used for placing structures and other facilities and c Water oriented accessory structures may have the lowest floor placed lower than the elevation determined in this subsection if the structure is constructed of flood resistance materials to the flood elevation electrical and mechanical equipment are placed above the elevation and if long duration flooding is anticipated the structure is built to withstand ice action and wind driven waves and debris Surface Water Page 334 Zoning Ordinance City of Prior Lake June 1 2009 1104 p14 4 Water Oriented Accessory Structures One water oriented accessory structure may be allowed per lot on General Development GD lakes that have Municipal sewer and water provided a building permit is obtained from the City and the following criteria are met a On riparian lots containing a slope equal to or greater than 20 measured from the front of the principal structure to the ordinary high water mark and verified by a certificate of survey prepared by a registered surveyor one water oriented structure meeting the criteria listed in this subsection is permitted with a setback of not less than 10 feet from the ordinary high water mark b On riparian lots containing slopes less than 20 one water oriented accessory structure meeting the criteria listed in this subsection is permitted with a setback of not less than 50 feet from the Ordinary High Water elevation c The structure shall not occupy an area greater than 120 square feet and the maximum height of the structure must not exceed 10 feet including the roof and d The structure shall be located in the most visually inconspicuous portion of the lot as viewed form the surface of the lake assuming summer leaf on conditions and e The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities However the structure may contain electrical and mechanical systems and f The structure shall be constructed of treated materials compatible with the principle structure and designed to reduce visibility as viewed from public waters and adjacent shorelands by vegetation topography increased setbacks or color assuming summer leaf on conditions and g If the proposed structure will be located below the regulatory flood plain elevation the structure shall be built compliant with applicable flood proofing requirements of the Building Code and Section 1105 of this Ordinance and h Trees that are 4 inches in caliper or larger should not be removed for the erection of a water oriented accessory structure If removal is necessary replacement with like trees shall be made with the approval of the Zoning Administrator Erosion control measures shall be implemented and all disturbed vegetation replaced with sod or suitable landscaping materials and i The structure shall be attached to a permanent foundation so as to be immovable from its approved location Surface Water Page 335 Zoning Ordinance City of Prior Lake June 1 2009 1104 p15 j Water oriented accessory structures not meeting the lakeshore required setbacks may be replaced if the following criteria are met The structure existed legally on June 1 2009 The replacement structure is the same size configuration location building material and height as the structure in existence on June 1 2009 The existing structure is not located within an easement right of way side yard setback or over a property line 5 Stairways Lifts And Landings Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas Stairways and lifts shall meet the following design requirements a Stairways and lifts shall not exceed 4 feet in width on residential lots Wider stairways may be used for commercial properties public open space recreational properties and planned unit developments b Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area Landings larger than 32 square feet may be used for commercial properties Park Recreation properties and planned unit developments The required lakeshore setback for landings shall be 10 feet measured from the ordinary high water mark of the public water Landings shall not project into any required side yard c Canopies or roofs are not allowed on stairways lifts or landings d Stairways lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground provided they are designed and built in a manner that ensures control of soil erosion and maintains or improves drainage patterns and slope stability Ord Amd 116 13 publ 06 04 2016 e Stairways lifts and landings shall be located in the most visually inconspicuous portions of lots as viewed from the surface of the public water assuming summer leaf on conditions whenever practical and f Facilities such as ramps lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas provided that the dimensional and performance standards of Subsections 1104 308 1 through 5 are complied with in addition to the requirements of Minnesota Regulations chapter 1340 6 Significant Historic Sites No structure may be placed on a significant historic site as defined by Minnesota Statutes in a manner that affects the Surface Water Page 336 Zoning Ordinance City of Prior Lake June 1 2009 1104 p16 values of the site unless adequate information about the site has been removed and documented in a public repository 7 Steep Slopes The City Engineer shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems roads driveways structures or other improvements on steep slopes When necessary conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures vehicles and other facilities as viewed from the surface of public waters assuming summer leaf on vegetation 1104 309 Island Development Development on islands without municipal sewer and water shall be subject to the following conditions 1 Permitted uses on islands are limited to seasonal cabins and other seasonal structures public parks and open space Year round residences are not permitted Recreational facilities such as a pavilion or picnic facilities for a homeowners association may also be permitted by conditional use permit as set forth in Subsection 1108 200 2 Any structure built on an island must contain an enclosed septic system or incinerator toilet facilities 3 An application for a building permit or variance must include a signed lease arrangement that indicates that the owner has two 2 on land parking spaces for vehicles In addition the owner is required to provide proof of residency at some location other than the island at the time of building permit application 4 The minimum lot size for all islands without municipal sewer and water is one acre On Twin Island the minimum lot size requirement is 12 000 square feet A nonconforming lot of record may be deemed buildable or may be required to be combined with one or more contiguous lots all pursuant to MN Statute 462 357 Subd 1e Ord Amd 116 29 publ 12 16 2017 5 The minimum lot width at OHWM is seventy five feet 75 6 Setbacks for structures on islands shall comply with the following Structure setback from OHWM 75 feet Side yard 10 feet Gray Water System from OHWM 75 feet Setback averaging for the structure setback from the OHWM may be permitted as follows If there are existing principal structures on two abutting lots any new residential structure or any additions to an existing structure may be set back from the OHWM either i the average setback of the abutting structures from the OHWM or ii 50 feet whichever Surface Water Page 337 Zoning Ordinance City of Prior Lake June 1 2009 1104 p17 is greater provided all other provisions of the Shoreland Overlay District are complied with If there is an existing principal structure on only one abutting lot the average setback of the abutting structure and the next principal structure within 150 feet may be utilized Setback averaging may not be utilized if the two abutting lots do not have existing principal structures seasonal cabins In no instance shall a principal structure be located in a shore impact zone or a bluff impact zone Ord Amd 116 29 publ 12 16 2017 7 Clear cutting of natural vegetation is prohibited Natural vegetation shall be restored insofar as feasible immediately after any construction project is completed to retard surface runoff and soil erosion 8 Any removal of vegetation in conjunction with any construction project shall require a restoration plan to be submitted and reviewed by the City to ensure that natural vegetation is retained insofar as possible to screen seasonal structures and other buildings on site 9 The lowest floor elevation of the structure including basement and crawl space must meet the requirements of Section 1105 or the provisions for locating the low floor elevation as described in Subsection 1104 308 3 10 One detached accessory structure is permitted per lot on general development lakes subject to the issuance of a building permit and the following conditions The lot must meet the minimum area and dimensional requirements listed in Subsection 1104 309 and The structures shall comply with all other required conditions and yard setbacks as stated in Subsection 1102 800 8 and The total ground floor area of the accessory structures shall not exceed the ground floor area of the principal structure seasonal cabin 25 of the area between the principal structure and the rear lot line or 600 square feet whichever is less and The maximum height of the structure shall not exceed 15 feet from the grade adjacent to the structure and The structure shall be setback a minimum of 75 feet from the ordinary high water mark OHWM or the average minimum as indicated in 1104 309 6 Ord Amd 116 29 publ 12 16 2017 and The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities However the structure may contain an electrical system with the proper permits and The structure shall be compatible in design and materials with the principal structure seasonal cabin and If the structure is located below the regulatory flood plain elevation it shall be built in compliance with the applicable flood proofing Surface Water Page 338 Zoning Ordinance City of Prior Lake June 1 2009 1104 p18 requirements of the building code and Section 1105 of this Ordinance and The structure shall be attached to a permanent foundation so as to be immovable from its approved location 1104 400 SHORELAND ALTERATIONS Alterations of vegetation and topography will be regulated to prevent erosion into public waters fix nutrients preserve shoreland aesthetics preserve historic values prevent bank slumping and protect fish and wildlife habitat 1104 401 Vegetation Alterations 1 Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Section 1104 are exempt from the vegetation alteration standards that follow 2 Removal or alteration of vegetation except for agricultural and forest management uses as regulated by Section 1104 is allowed subject to the following standards a Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the City Engineer in which the property is located b In shore and bluff impact zones and on steep slopes limited clearing of trees and shrubs and cutting pruning and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings picnic areas access paths beach and watercraft access and permitted water oriented accessory structures of facilities provided that The screening of structures vehicles or other facilities as viewed from the water assuming summer leaf on conditions is not substantially reduced Along rivers existing shading of water surfaces is preserved and The above provisions are not applicable to the removal of trees limbs or branches that are dead diseased or pose safety hazards 1104 402 Topographic Alterations Grading And Filling 1 The exact replacement of an existing retaining walls within a bluff impact zone is permitted provided the grade of the land within the bluff impact zone and the location and size of the retaining wall do not change and the new retaining wall will create no more impact in the bluff impact zone than was caused by the existing retaining wall Surface Water Page 339 Zoning Ordinance City of Prior Lake June 1 2009 1104 p19 2 Grading and filling and excavation including the import or export of materials within the bluff impact zone is not permitted However the movement or grading of existing materials within the bluff impact zone may be permitted subject to approval of a grading building permit This movement of existing grade may involve the modification of existing retaining walls or placement of retaining walls as long as the following conditions are met a Any new retaining walls cannot exceed 4 feet in height b Any additional height to existing walls cannot increase the height of the wall above 4 feet c Walls which exist over 4 feet in height may decrease in height but may not increase in overall height d Proposed drainage patterns and or erosion control methods shall indicate an improvement over the existing conditions on the site e Grading filling and excavations in all areas within the Shoreland District necessary for the construction of structures sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit However the grading and filling standards in this subsection must be incorporated into the issuance of permits for construction of structures sewage treatment systems and driveways Ord Amd 116 13 publ 06 04 2016 3 Notwithstanding subsections 1 and 2 above a grading and filling permit will be required for a The movement of more than 10 cubic yards of material on steep slopes and within the shore impact zone and b The movement of more than 50 cubic yards or 500 square feet 4 The following considerations and conditions must be adhered to during the issuance of construction permits conditional use permits variances and subdivision approvals a Grading or filling in any wetland must be done in accordance with the Wetland Conservation Act b Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible Surface Water Page 340 Zoning Ordinance City of Prior Lake June 1 2009 1104 p20 c Erosion control best management practices shall be used where necessary for temporary bare soil coverage and a permanent vegetation cover shall be established as soon as possible d Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used e Altered areas shall be stabilized to acceptable erosion control standards consistent with the Public Works Design Manual f Fill or excavated material shall not be placed in a manner that creates an unstable slope g Plans to place fill or excavated material on steep slopes shall be reviewed by qualified professionals for continued slope stability and shall not create finished slopes of 4 1 or greater h Fill or excavated material shall not be placed in bluff impact zones i Any alterations below the ordinary high water level of public waters shall first be authorized by the Commissioner of Natural Resources under Minnesota Statutes Section 103G 241 j Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties and k Placement of natural rock riprap including associated grading of the shoreline and placement of a filter blanket is permitted if the finished slope does not exceed 3 feet horizontal to 1 foot vertical the landward extent of the riprap is within 10 feet of the ordinary high water level and the height of the riprap above the ordinary high water level does not exceed 3 feet 1104 403 Placement And Design Of Roads Driveways And Parking Areas 1 Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters Documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the Public Works Design Manual 2 Roads driveways and parking areas shall meet shoreland setbacks and must not be placed within bluff and shore impact zones when other reasonable and feasible placement alternatives exist If no alternatives exist they may be placed within these areas and shall be designed to minimize adverse impacts Surface Water Page 341 Zoning Ordinance City of Prior Lake June 1 2009 1104 p21 3 Public and private watercraft access ramps approach roads and access related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this Section are met For private facilities the grading and filling provisions of Subsection 1104 402 shall be met 1104 404 Stormwater Management 1 When possible existing natural drainageways wetlands and vegetated soil surfaces shall be used to convey store filter and retain storm water runoff before discharge to public waters 2 Development shall be planned and conducted in a manner that will minimize the extent of disturbed areas runoff velocities erosion potential and reduce and delay runoff volumes Disturbed areas shall be stabilized and protected as soon as possible in accordance with Best Management Practices Facilities or methods shall be used to retain sediment on the site 3 When development density topographic features and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation various types of constructed facilities such as diversions settling basins skimming devices dikes waterways and ponds may be used Preference shall be given to designs using surface drainage vegetation and infiltration rather than buried pipes and man made materials and facilities 4 When constructed facilities are used for storm water management documentation shall be provided by a qualified individual that they are designed and installed consistent with the Public Works Design Manual 5 New constructed storm water outfalls to public waters shall provide for filtering or setting of suspended solids and skimming of surface debris before discharge 1104 500 SPECIAL PROVISIONS FOR COMMERCIAL INDUSTRIAL PUBLIC SEMI PUBLIC AGRICULTURAL AND FORESTRY 1104 501 Standards For Commercial Industrial Public And Semi Public Uses Surface water oriented commercial uses and industrial public or semi public uses with similar needs to have access to and use of pubic waters may be located on parcels or lots with frontage on public waters Those uses with water oriented needs must meet the following standards 1 In addition to meeting impervious coverage limits setbacks and other zoning standards in this Section the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures Surface Water Page 342 Zoning Ordinance City of Prior Lake June 1 2009 1104 p22 2 Uses that require short term watercraft mooring for patrons shall centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need and 3 Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public subject to the following general standards a No advertising signs or supporting facilities for signs may be placed in or upon public waters Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff b Signs may be placed when necessary within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information If illuminated by artificial lights the lights must be shielded or directed to prevent illumination out across public waters and c Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters This does not preclude use of navigational lights 4 Uses without water oriented needs shall be located on lots or parcels without public waters frontage or if located on lots or parcels with public waters frontage shall either be set back double the normal ordinary high water level setback or be substantially screened from the water by vegetation or topography assuming summer leaf on conditions Water oriented need shall be determined by the Zoning Administrator 1104 502 Agriculture Use Standards General cultivation farming grazing nurseries horticulture truck farming sod farming and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan Resource Management Systems consistent with the Public Works Design Manual as provided by a qualified individual or agency The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level Animal feedlots must meet the following standards New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins and Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone Surface Water Page 343 Zoning Ordinance City of Prior Lake June 1 2009 1104 p23 are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones 1104 503 Forest Management Standards The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Non Point Source Pollution Assessment Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota 1104 600 WATER SUPPLY AND SEWAGE TREATMENT 1104 601 Water Supply Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency 1104 602 Sewage Treatment Any premises used for human occupancy must be provided with an adequate method of sewage treatment as follows 1 Publicly owned sewer systems shall be used where available 2 All private sewage treatment systems shall meet or exceed the Minnesota Pollution Control Agency s standards for individual sewage treatment systems contained in the document titled Individual Sewage Treatment Systems Standards Chapter 7080 3 On site sewage treatment systems shall be set back from the ordinary high water level in accordance with the setbacks contained in Subsection 1104 301 4 All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria below If the determination of a site s suitability cannot be made with publicly available existing information it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on site field investigations Evaluation Criteria Depth to the highest known or calculated ground water table or bedrock Soil conditions properties and permeability Slope The existence of lowlands local surface depressions and rock outcrops 5 Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with Subsections 1104 602 6 and 7 below 6 An existing treatment system not meeting the requirements of this Section shall be upgraded at a minimum at any time a building or zoning permit or Surface Water Page 344 Zoning Ordinance City of Prior Lake June 1 2009 1104 p24 variance of any type is required for any improvement on or use of the property For the purposes of this provision a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system s improper setback from the ordinary high water level 7 The City has by formal resolution notified the Commissioner of Natural Resources of its program to identify nonconforming sewage treatment systems The City will require upgrading or replacement of any nonconforming system identified by this program within 2 years as described in Subsection 1104 602 6 above Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes Chapter 103F in effect at the time of installation may be considered as conforming unless they are determined to be failing except that systems using cesspools leaching pits seepage pits or other deep disposal methods or systems will less soil treatment area separation above ground water than required by the Minnesota Pollution Control Agency s chapter 7080 for design of on site sewage treatment systems shall be considered nonconforming 1104 700 CONDITIONAL USES Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in Subsection 1108 200 1104 800 PLANNED UNIT DEVELOPMENTS PUDS 1104 801 Types Of PUDs Permissible Planned unit developments PUDs are allowed for new projects on undeveloped land redevelopment of previously built sites or conversions of existing buildings and land PUDs are an allowable use in all Use Districts 1104 802 Application For A PUD The applicant for a PUD must submit the following documents prior to final action being taken on the application request 1 A site plan and or plat for the project showing locations of property boundaries surface water features existing and proposed structures and other facilities land alterations sewage treatment and water supply systems where public systems will not be provided and topographic contours at 2 foot intervals or less When a PUD is a combined commercial and residential development the site plan and or plat must indicate and distinguish which buildings and portions of the project are residential commercial or a combination of the two 2 A property owners association agreement for residential PUDs with mandatory membership and all in accordance with the requirements of Subsection 1104 805 3 Deed restrictions covenants permanent easements or other instruments that a properly address future vegetative and topographic alterations construction of additional buildings beaching of watercraft and construction Surface Water Page 345 Zoning Ordinance City of Prior Lake June 1 2009 1104 p25 of commercial buildings in residential PUDs and b ensure the long term preservation and maintenance or open space in accordance with the criteria and analysis specified in Subsection 1104 805 4 When necessary a master plan drawing describing the project and the floor plan for all commercial structures to be occupied 5 Those additional documents as requested by the Zoning Administrator that are necessary to explain how the PUD will be designed and will function 1104 803 Site Suitable Area Evaluations Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit dwelling site density evaluation in Subsection 1104 804 1 The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals proceeding landward SHORELAND TIER DIMENSIONS Unsewered feet Sewered feet General Development Lakes first tier 200 200 General Development Lakes second tier 267 267 Recreational Development Lakes 267 267 Natural Environment Lakes 400 320 All River Classes 300 300 2 The suitable area within each tier is next calculated by excluding from the tier area all wetlands bluffs or land below the ordinary high water level of public waters This suitable area and the proposed project are then subject to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites 1104 804 Residential And Commercial PUD Density Evaluation The procedures for determining the base density of a PUD and density increase multipliers are outlined as follows Allowable densities may be transferred from any tier to any other tier further from the waterbody but must not be transferred to any other tier closer to the waterbody 1 Residential PUD Base Density Evaluation The suitable area within each tier is divided by the single residential lot size standard for lakes or for rivers the single residential lot width standard multiplied by the tier depth unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or Surface Water Page 346 Zoning Ordinance City of Prior Lake June 1 2009 1104 p26 sites for each tier Proposed locations and the number of dwelling units or sites for the residential planned unit developments are then compared with the tier density and suitability analysis herein and the design criteria in Subsection 1104 805 2 Commercial PUD Base Density Evaluation a Determine the average inside living area size of dwelling units or sites within each tier including both existing and proposed units and sites Computation of inside living area sizes need not include decks patios stoops steps garages porches or basements unless they are habitable space b Select the appropriate floor area ratio from the following table COMMERCIAL PUD FLOOR AREA RATIOS PUBLIC WATER CLASSES Average Unit Floor Area Sq Feet Sewered General Development Lakes First tier on unsewered General Development Lakes Urban Agricultural Tributary river segments Second and Additional tiers on unsewered General Development Lakes Recreational Lakes Transition and Forested river segments Natural Environment Lakes and remote river segments 200 040 020 010 300 048 024 012 400 056 028 014 500 065 032 016 600 072 038 019 700 082 042 021 800 091 046 023 900 099 050 025 1 000 108 054 027 1 100 116 058 029 1 200 125 064 032 1 300 133 068 034 1 400 142 072 036 1 500 150 075 038 For average unit floor areas less than shown use the floor area ratios listed for 200 square feet For areas greater than shown use the ratios listed for 1 500 square feet For recreational camping areas use the ratios listed at 400 square feet For manufactured home sites in recreational camping areas use a ratio equal to the size of the manufactured home or if unknown the ratio listed for 1 000 square feet c Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites Surface Water Page 347 Zoning Ordinance City of Prior Lake June 1 2009 1104 p27 d Divide the total floor area by tier computed in subsection c above by the average inside living area size determined in subsection a above This yields a base number of dwelling units and sites for each tier e Proposed locations and number of dwelling units or sites for the commercial planned unit development are then compared with the tier density and suitability analysis herein and the design criteria in Subsection 1104 805 3 Density Increase Multipliers a Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in Subsection 1104 300 are met or exceeded and the design criteria in Subsection 1104 805 are satisfied The allowable density increases in subsection b below will only be allowed if structure setbacks from the ordinary high water levels are increased to at least 50 greater than the minimum setback or the impact on the waterbody is reduced an equivalent amount through vegetative management topography or additional means acceptable to the local unit of government and the setback is at least 25 greater than the minimum setback b Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments 1104 805 Maintenance and Design Criteria 1 Maintenance and Administration Requirements a Approval Of Development Before final approval of a planned unit development adequate provision must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development b Open Space Preservation Deed restrictions covenants permanent easements public dedication and acceptance or other equally effective and permanent means must be provided to ensure long term preservation and maintenance of open space The instruments must include all of the following protections Density Evaluation Tiers Maximum Density Increase Within Each Tier First 50 Second 100 Third 200 Fourth 200 Fifth 200 Surface Water Page 348 Zoning Ordinance City of Prior Lake June 1 2009 1104 p28 Commercial uses prohibited for residential PUDs Vegetation and topographic alterations other than routine maintenance prohibited Construction of additional buildings or storage of vehicles and other materials prohibited and Uncontrolled beaching of watercraft prohibited c Development Organization And Functioning Unless an equally effective alternative community framework is established when applicable all residential planned unit developments must use an owners association with the following features Membership shall be mandatory for each dwelling unit or site purchaser and any successive purchasers Each member shall pay a pro rata share of the association s expenses and unpaid assessments can become liens on units or sites Assessments shall be adjustable to accommodate changing conditions and The association shall be responsible for insurance taxes and maintenance of all commonly owned property and facilities 2 Open Space Requirements Planned unit developments must contain open space meeting all of the following criteria a At least 50 of the total project area within the Shoreland Overlay District shall be preserved as open space b Dwelling units or sites road rights of ways or land covered by road surfaces parking areas or structures except water oriented accessory structures or facilities are developed areas and shall not be included in the computation of minimum open space c Open space shall include areas with physical characteristics unsuitable for development in their natural state and areas containing significant historic sites or unplatted cemeteries d Open space may include outdoor recreational facilities for use by owners or dwelling units or sites by guests staying in commercial dwelling units or sites and by the general public e Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems f Open space shall not include commercial facilities or uses but may contain water oriented accessory structures or facilities g The appearance of open space areas including topography vegetation and allowable uses shall be preserved by use of restrictive Surface Water Page 349 Zoning Ordinance City of Prior Lake June 1 2009 1104 p29 deed covenants permanent easements public dedication and acceptance or other equally effective and permanent means and h The shore impact zone based on normal structure setbacks shall be included as open space For residential PUDs at least 50 of the shore impact zone area of existing developments or at least 70 of the shore impact zone area of new developments shall be preserved in its natural existing state For commercial PUDs at least 50 of the shore impact zone shall be preserved in its natural state 3 Erosion Control and Storm Water Management Erosion control storm water management plans and Best Management Practices shall be developed and the PUD shall a Be designed and the construction managed to minimize the likelihood of serious erosion occurring either during or after construction This shall be accomplished by limiting the amount and length of time of bare ground exposure Temporary ground covers sediment entrapment facilities vegetation buffer strips or other appropriate techniques shall be used to minimize erosion impacts on surface water features Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristic warrant and b Be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff Impervious surface coverage within any tier shall not exceed 25 of tier area except that for commercial PUD s 35 impervious surface coverage may be allowed in the first tier of general development lakes with an approved storm water management plan and consistent with subsection 1104 400 4 Centralization and Design of Facilities Centralization and design of facilities and structures shall be done according to the following standards a Planned unit developments shall be connected to publicly owned water supply and sewer systems b Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification setback from the ordinary high water level elevation above the surface water features and maximum height Setbacks from the ordinary high water level shall be increased in accordance with Subsection 1104 804 3 for developments with density increases c Shore recreation facilities including but not limited to swimming areas docks and watercraft mooring areas and launching ramps shall be centralized and located in areas suitable for them Evaluation of Surface Water Page 350 Zoning Ordinance City of Prior Lake June 1 2009 1104 p30 suitability shall include consideration of land slope water depth vegetation soils depth to ground water and bedrock or other relevant factors The number of spaces provided for continuous beaching mooring or docking of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier notwithstanding existing mooring sites in an existing commercially used harbor Launching ramp facilities including a small dock for loading and unloading equipment may be provided for use by occupants of dwelling units or sites located in other tiers d Structures parking areas and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation topography increased setbacks color or other means acceptable to the local unit of government assuming summer leaf on conditions Vegetative and topographic screening shall be preserved if existing or may be required to be provided e Accessory structures and facilities except water oriented accessory structures shall meet the required principal structure setback and shall be centralized and f Water oriented accessory structures and facilities may be allowed if they meet and exceed design standards contained in Subsection 1104 308 4 1104 806 Conversions Local governments may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all the following standards are met 1 Proposed conversions shall be initially evaluated using the same procedures for residential planned unit developments involving all new construction Inconsistencies between existing features of the development and these standards must be identified 2 Deficiencies involving water supply and sewage treatment structure color impervious coverage open space and shore recreation facilities shall be corrected as part of the conversion or as specified in the conditional use permits 3 Shore and bluff zone deficiencies shall be evaluated and reasonable improvements made as part of the conversion These improvements shall include where applicable the following a Removal of extraneous buildings docks or other facilities that no longer need to be located in shore or bluff impact zones b Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water and Surface Water Page 351 Zoning Ordinance City of Prior Lake June 1 2009 1104 p31 c If existing dwelling units are located in shore or bluff impact zones conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations The conditions shall also provide for future relocation of dwelling units where feasible to other locations meeting all setback and elevation requirements when they are rebuilt or replaced 4 Existing dwelling unit or dwelling site densities that exceed standards in Subsection 1104 804 may be allowed to continue but shall not be allowed to be increased either at the time of conversion or in the future Efforts shall be made during the conversion to limit impacts of high densities by requiring seasonal use improving vegetative screening centralizing shore recreation facilities installing new sewage treatment systems or other means 1104 900 DEVELOPMENT ON NONCONFORMING LOTS 1104 901 Purpose The purpose of regulating development on substandard lots of record is to coordinate development on substandard lots to ensure environmentally sensitive development ensure compatibility with surrounding existing development and to allow for combination of lots to the extent possible 1104 902 Nonconforming Lot Development of a nonconforming lot of record requires sensitivity and careful attention to issues of drainage setbacks flood plain elevation grading lot coverage existing vegetation cover and relationship to adjacent structures New construction upon nonconforming lots should be carefully designed to integrate with the existing neighborhood development It is the intent of this Section to provide flexibility to develop nonconforming lots However the requirements outlined herein are intended to define the conditions under which the City will allow a nonconforming lot to be developed for single family detached dwelling purposes without a variance Development on nonconforming lots of record which do not comply with these criteria may only be considered after application for and approval of appropriate variances as provided for in Subsection 1108 400 1 Sewered Areas A legal lot of record existing upon the effective date of this Section in a residential district located adjacent to a General Development or Recreational Development Lake which does not meet the requirements of this Section as to area or width may be utilized for single family detached dwelling purposes provided that all of the conditions of this subsection apply a The minimum lot size with public sewer shall be a minimum of 50 feet in width measured at the front yard setback line and shall have a minimum lot area equal to or greater than 7 500 square feet b The lot has been assessed a sewer and water assessment and will not require an on site septic system for development c The lot was created compliant with official controls in effect at the time d The development plans shall be in conformance with the policies for residential development as outlined in the Comprehensive Plan Surface Water Page 352 Zoning Ordinance City of Prior Lake June 1 2009 1104 p32 e The development plan shall not exceed thirty percent 30 impervious surface coverage f Development shall be planned and conducted in such a manner that the control of disturbed areas and erosion is demonstrated during and after construction g A complete grading and drainage plan shall be submitted to the City Engineer for review Such plans should be prepared in accordance with the Storm Water Management Plan h The lot and proposed structure shall meet all other performance standards of the zoning and building codes 2 All Areas Development of all nonconforming legal lots of record existing upon the effective date of this Section shall comply with the following a In a group of two or more contiguous lots of record under a common ownership an individual lot must be considered as a separate parcel of land for the purpose of sale or development if it meets the following requirements 1 The lot must be at least 66 percent of the dimensional standard for lot width and lot size 2 The lot must be connected to a public sewer if available or must be suitable for the installation of a Type 1 sewage treatment system 3 Impervious surface coverage must not exceed 30 percent of each lot and 4 Development of the lot must be consistent with an adopted comprehensive plan b A lot subject to paragraph a not meeting the requirements of paragraph a must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible c Notwithstanding paragraph a contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for or served by a sewage treatment system or connected to a public sewer d In evaluating all variances zoning and building permit applications or conditional use requests the zoning authority shall require the property owner to address when appropriate storm water runoff management reducing impervious surfaces increasing setback restoration of wetlands vegetative buffers sewage treatment and water supply capabilities and other conservation designed actions e A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage system requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel Surface Water Page 353 Zoning Ordinance City of Prior Lake June 1 2009 1104 p33 THIS SPACE INTENTIONALLY BLANK FOR FUTURE AMENDMENTS Surface Water Page 354 ZoningOrdinance SECTION1105 FLOODPLAINREGULATIONS SUBSECTIONS 1105100 Authority PurposeandFindings 1105200 GeneralProvisions 1105300 FloodPlainDistrict 1105400 PermittedandConditionalUses 1105500 Subdivisions 1105600 PublicUtilities PublicTransportationFacilities 1105700 TravelTrailersVehiclesandManufacturedHomes 1105800 Administration 1105900 NonconformingUses 11051000 Amendments 11051100 Vacantforfutureamendments 11051200 Vacantforfutureamendments 1105100 SA FOFAPTATUTORYUTHORIZATIONSINDINGSFACTNDURPOSE StatutoryAuthorization1105101 ThelegislatureoftheStateofMinnesotahas in MinnesotaStatutesChapter103Fand462 ZoningEnablingStatute delegated theresponsibilitytolocalgovernmentunitstoadoptregulationsdesignedto minimizefloodlosses FindingsofFact1105102 ThefloodhazardareasofPriorLake Minnesota aresubject toperiodicinundationwhichresultsinpotentiallossoflife lossofproperty healthandsafetyhazards disruptionofcommerceandgovernmentalservices extraordinarypublicexpendituresforfloodprotectionandrelief andimpairment ofthetaxbase allofwhichadverselyaffectthepublichealth safety and generalwelfare ThisSectionisbaseduponareasonablemethodofanalyzingfloodhazards whichisconsistentwiththestandardsestablishedbytheMinnesotaDepartment ofNaturalResources StatementofPurpose1105103 ItisthepurposeofthisSectiontopromotethepublic health safety andgeneralwelfareandtominimizethoselossesdescribedin Subsection1105102hereinbyprovisionscontainedherein 1105200 GPENERALROVISIONS LandstoWhichSectionApplies1105201 ThisSectionshallapplytoalllandswithin thejurisdictionofPriorLake Minnesota shownontheFloodInsuranceRate Mapandtheattachmentsandamendmentsthereto asbeinglocatedwithinthe boundariesoftheareaasZoneAEorZoneA CityofPriorLake 1105p1June12009Surface Water Page 355 ZoningOrdinance EstablishmentofOfficialMap1105202 TheFloodInsuranceStudyandFlood InsuranceRateMapforPriorLake Minnesota bothdatedNovember19 1997 andanyamendmentsthereto areherebyadopted byreferenceanddeclared tobepartofthisSection TheOfficialMapshallbeonfileintheofficeofthe CityofPriorLakePlanningDepartment RegulatoryFloodProtectionElevation1105203 TheRegulatoryFloodProtection ElevationshallbeanelevationatleastonefootabovetheRegionalFlood to thenearestonetenthfootasindicatedintheFloodInsuranceStudyText plus anyincreaseinfloodelevationcausedbyencroachmentsonthefloodplain authorizedbythisOrdinance ForstructuresconstructedpriortoNovember19 1997 theRegulatoryFloodProtectionElevationdoesnothavetoincludethe onefootoffreeboardnotedinthisparagraphunlesstheexistingstructurehas beenremovedaspartofthesiteredevelopment Interpretation1105204 Intheirinterpretationandapplication theprovisionsofthis Sectionshallbeheldtobeminimumrequirementsandshallbeliberally construedinfavoroftheCityandshallnotbedeemedalimitationorrepealof anyotherpowersgrantedbyStatestatutes Theboundariesofthefloodplaindistrictshallbedeterminedbyreferencetothe FloodInsuranceRateMap Whereinterpretationisneededastotheexact locationoftheboundariesofthefloodplaindistrict forexamplewherethere appearstobeaconflictbetweenamappedboundaryandactualfieldconditions andthereisaformalappealofthedecisionoftheDirectorofPlanning the BoardofAdjustmentshallmakethenecessaryinterpretation Alldecisionswill bebasedonelevationsoftheregional 100year floodprofileandother availabletechnicaldata AbrogationandGreaterRestrictions1105205 ItisnotintendedbythisSectionto repeal abrogate orimpairanyexistingeasements covenants ordeed restrictions However wherethisSectionimposesgreaterrestrictions the provisionsofthisSectionshallprevail Allotherordinancesinconsistentwith thisSectionareherebyrepealedtotheextentoftheinconsistencyonly WarningandDisclaimerofLiability1105206 ThisSectiondoesnotimplythatareas outsidethefloodplaindistrictorlandusespermittedwithinsuchdistrictswillbe freefromfloodingorflooddamages ThisSectionshallnotcreateliabilityon thepartoftheCityoranyofficeroremployeethereofforanyflooddamages thatresultfromrelianceonthisSectionoranyadministrativedecisionlawfully madethereunder 1105300 FPD ThefloodplaindistrictshallincludethoseareasLOODLAINISTRICT designatedasZoneAEandAontheFloodInsuranceRateMapadoptedin subsection1105202 Compliance1105301 Nonewstructureorlandshallhereafterbeusedandnostructure shallbelocated extended convertedorstructurallyalteredwithoutfull CityofPriorLake 1105p2June12009Surface Water Page 356 ZoningOrdinance compliancewiththetermsofthisSectionandotherapplicableregulationswhich applytouseswithinthejurisdictionofthisSection Withinthefloodplaindistrict allusesnotlistedaspermittedusesorconditionalusesinSubsections 1105401and1105403thatfollow shallbeprohibited Inaddition acautionis providedherethat 1 Modifications additions structuralalterationsorrepairafterdamagetoexisting nonconformingstructuresandnonconformingusesofstructuresorlandare regulatedbythegeneralprovisionsofthisSectionandspecificallySubsection 1105900 2 Asbuiltelevationsforelevatedorfloodproofedstructuresmustbecertifiedby groundsurveysandfloodproofingtechniquesmustbedesignatedandcertified byaregisteredprofessionalengineerorarchitectasspecifiedinthegeneral provisionsofthisSection andspecificallyasstatedinSubsection1105802 1105400 PACUERMITTEDNDONDITIONALSES PermittedUses1105401 Thefollowingusesshallbepermitteduseswithintheflood plaindistricttotheextentthattheyarenotprohibitedbyanyotherordinance Openspace recreation retainingwalls stairs platformsandfill approvedinconjunctionwithadevelopmentproposal Accessorystructuresprovidedtheycomplywiththeprovisionof Subsection1105404 5 Fillmaybeapermitteduse providedthatitispartofadevelopment projectandisaccompaniedbyanapprovedbuildingpermitandor gradingandfillingpermit Fillshallbeprotectedfromerosionby vegetativecover mulching ripraporanyotheracceptablemethod approvedinadvancebytheCity Residenceandotherstructuresconstructedonfillsothatthebasement floororfirstfloor ifthereisnobasement isatorabovetheregulatory floodprotectionelevation Thefinishedfillelevationshallbenolower than1footbelowtheregulatoryfloodprotectionelevationandshall extendatsuchelevationatleast15feetbeyondthelimitsofany structureorbuildingerectedthereon Fillshallbecompactedandthe slopesshallbeprotectedbyripraporvegetativecovering approvedin advancebytheCity StandardsforPermittedUses1105402 1 Theuseshallhavelowflooddamagepotential 2 Theuseshallbepermissibleintheunderlyingzoningdistrict 3 Theuseshallnotadverselyaffecttheregionalfloodelevationorcausea measurableincreaseinthestageofthe100yearorregionalfloodorcausea considerableincreaseinflooddamagesinthereachorreachesaffected CityofPriorLake 1105p3June12009Surface Water Page 357 ZoningOrdinance 4 Residencesthatdonothavevehicularaccessatoraboveanelevationnot morethan2feetbelowtheregulatoryfloodprotectionelevationshallnotbe permittedunlessgrantedavariancebytheBoardofAdjustment Ingrantinga variance theBoardofAdjustmentshallspecifylimitationsontheperiodofuse oroccupancyoftheresidence 5 Wheretheexistingstreets utilitiesandsmalllotsizesprecludetheuseoffill othermethodsofelevatingthefirstfloor includingbasements abovethe regulatoryfloodprotectionelevationmaybepermittedprovidedappropriate variancesaregrantedbytheBoardofAdjustmentand provided thatthe structureisfloodproofedinaccordancewiththeStateBuildingCode ConditionalUses1105403 Thefollowingusesshallbeconditionaluseswithintheflood plaindistricttotheextentthattheyarenotprohibitedbyanyotherordinance 1 Marinas boatrentals piers wharvesandwatercontrolstructures Railroads street bridges utilitytransmissionlines andpipelines 2 Floodcontrolstructuralworkssuchaslevees dikesandfloodwallsintendedto protectindividualstructuresandoragriculturalcropsagainstafloodequaltoor lessthana10yearfrequencyfloodevent StandardsforConditionalUses1105404 AllUses1 Nostructure temporaryorpermanent fill includingfillforroadsand levees deposit obstruction storageofmaterialsorequipmentorotheruses maybeallowedasaconditionalusethatwilladverselyaffecttheregionalflood elevationorcauseaconsiderableincreaseinflooddamagesinthereachor reachesaffected 2 Allconditionalusesshallbesubjecttotheproceduresandstandardscontained herein 3 Theconditionaluseshallbepermissibleintheunderlyingzoningdistrict StorageofMaterialsinFloodPlainDistrict4 Dredgespoil fillandallother similarmaterialsdepositedorstoredinthefloodplainshallbeprotectedfrom erosionbyvegetativecover mulching ripraporotheracceptablemethod approvedinadvancebytheCity Dredgespoilsitesandsandandgraveloperationsshallnotbeallowedinthe floodwayunlessalongtermsitedevelopmentplanissubmittedwhichincludes anerosionsedimentation preventionelementtotheplan Asanalternative andconsistentwithsubsection 4b above dredgespoil disposalandsandandgraveloperationsmayallowtemporary on sitestorage offillorothermaterialswhichwouldhavecausedanincreasetothestageof the100yearorregionalflood butonlyaftertheDirectorofCommunity DevelopmentandNaturalResourceshasreceivedanappropriateplanwhich assurestheremovalofthematerialsfromthefloodwaybasedupontheflood CityofPriorLake 1105p4June12009Surface Water Page 358 ZoningOrdinance warningtimeavailable Theconditionalusepermitmustbefiledbytheproperty ownerwiththeofficeoftheScottCountyRecorder AccessoryStructures5 Accessorystructuresshallnotbedesignedforhuman habitation Accessorystructures ifpermitted shallbeconstructedandplaced onthebuildingsitesoastooffertheminimumobstructiontotheflowofflood waters Accessory structuresshallbeelevatedonfillorstructurallydryfloodproofedin accordancewiththeFP1orFP2floodproofingclassificationintheState BuildingCode Asanalternative anaccessorystructuremaybefloodproofed totheFP3orFP4floodproofingclassificationintheStateBuildingCode provided theaccessorystructureconstitutesaminimalinvestment doesnot exceed1000squarefeetinsize andforadetachedgarage thedetached garagemustbeusedsolelyforparkingofvehiclesandlimitedstorage All floodproofedaccessorystructuresmustmeetthefollowingadditionalstandards asappropriate Thestructuremustbeadequatelyanchoredtopreventflotation collapse orlateralmovementofthestructureandshallbedesignedtoequalize hydrostaticfloodforcesonexteriorwalls Anymechanicalandutilityequipmentinastructuremustbeelevatedto orabovetheregulatoryfloodprotectionelevationor properly floodproofed StorageofMaterialsandEquipment6 Thestorageorprocessingofmaterials thatare intimeofflooding flammable explosiveorpotentiallyinjuriousto human animalorplantlifeisprohibited Storageofothermaterialsor equipmentmaybeallowedifreadilyremovablefromtheareawithinthetime availableafterafloodwarningandinaccordancewithaplanapprovedbythe CityCouncil 7 Structuralworksforfloodcontrolthatwillchangethecourse currentorcross sectionofprotectedwetlandsorpublicwatersshallbesubjecttotheprovisions ofMinnesotaStatutes Chapter103G Communitywidestructuralworksfor floodcontrolintendedtoremoveareasfromtheregulatoryfloodplainshallnot beallowedinthefloodway 8 Alevee dikeorfloodwallconstructedinthefloodwayshallnotcausean increasetothe100yearorregionalfloodandthetechnicalanalysismust assumeequalconveyanceorstoragelossonbothsidesofastream 1105500 S NolandshallbesubdividedwhichisdeemedunsuitablebyUBDIVISIONS theCityforreasonofflooding inadequatewatersupplyorsewagetreatment facilities Alllotswithinthefloodplaindistrictshallcontainabuildingsiteator abovetheregulatoryfloodprotectionelevation Allsubdivisionsshallhave waterandsewagedisposalfacilitiesthatcomplywiththeprovisionsofthis Ordinanceandhaveroadaccessnolowerthan2feetbelowtheregulatory floodprotectionelevation Inthefloodplaindistrict applicantsshallprovidethe CityofPriorLake 1105p5June12009Surface Water Page 359 ZoningOrdinance informationrequiredintheSubdivisionOrdinance andthesubdivisionshallbe evaluatedinaccordancewithproceduresintheSubdivisionOrdinance 1105600 PU PTFUBLICTILITIESUBLICRANSPORTATIONACILITIES PublicUtilities1105601 Allpublicutilitiesandfacilitiessuchasgas electrical sewer andwatersupplysystemstobelocatedinthefloodplainshallbefloodproofed inaccordance withtheStateBuildingCodeorelevatedtoabovetheregulatory floodprotectionelevation PublicTransportationFacilities1105602 Transportationfacilitiessuchasroadsand bridgestobelocatedwithinthefloodplainshallcomplywithsubsection 1105300 Elevationtotheregulatoryfloodprotectionelevationshallbe providedwherefailureorinterruptionofthesetransportationfacilitieswould resultindangertothepublichealthorsafetyorwheresuchfacilitiesare essentialtotheorderlyfunctioningofthearea Minororauxiliaryroadsmaybe constructedatalowerelevationwherefailureorinterruptionoftransportation serviceswouldnotendangerthepublichealthorsafety 1105700 TT VAMH NewRAVELRAILERSEHICLESNDANUFACTUREDOMES manufacturedhomeparksshallbesubjecttotheprovisionsplacedon subdivisionsbySubsection1105500 Theplacementofneworreplacementof manufacturedhomesonindividuallotsofrecordthatarelocatedintheflood plaindistrictwillbetreatedasanewstructureandmaybeplacedonlyif elevatedincompliancewithSubsection1105400 Allmanufacturedhomesmustbesecurelyanchoredtoanadequatefoundation systemthatresistsflotation collapseandlateralmovement Methodsof anchoringmayinclude butarenotlimitedto useofoverthetoporframeties togroundanchors ThisrequirementisinadditiontoapplicableStateorlocal anchoringrequirementsforresistingwindforces Traveltrailersandtravel vehiclesthatdonotmeettheexemptioncriteriaspecifiedinSubsection 1105701belowshallbesubjecttotheprovisionsofthisSectionandas specificallyspelledoutinSubsection1105702below Exemptions1105701 Traveltrailersandtravelvehiclesareexemptfromtheprovisions ofthissubsectioniftheyareplacedinanyindividuallotsorparcelsofrecord andfurtheriftheymeetthefollowingcriteria Havecurrentlicensesrequiredforhighwayuse Arehighwayready thatis theyareonwheelsorontheinternaljacking system areattachedtothesiteonlybyquickdisconnect typeutilities commonlyusedincampgroundsandtrailerparksandthetravel trailertravelvehiclehasnopermanentstructuraltypeadditionsattached toit Thetraveltrailerortravelvehicleandassociatedusemustbe permissibleinanypreexisting underlyingzoningdistrict CityofPriorLake 1105p6June12009Surface Water Page 360 ZoningOrdinance TraveltrailersandtravelvehiclesexemptedinSubsection1105701abovelose thisexemptionwhendevelopmentoccursontheparcelexceeding 50000fora structuraladditiontothetraveltrailertravelvehicleoranaccessorystructure suchasagarageorstoragebuilding Thetraveltrailervehicleandalladditions andaccessorystructureswillthenbetreatedasanewstructureandshallbe subjecttotheelevationfloodproofingrequirementsandtheuseofland restrictionsspecifiedinSubsections1105300and1105400 NeworExpandedTravelTrailerParksCampgroundsSubdivisions1105702 New commercialtraveltrailerortravelvehicleparksorcampgroundsandnew residentialtypesubdivisionsandcondominiumassociationsandtheexpansion ofanyexistingsimilaruseordwellingsitesshallbesubjecttothefollowing 1 Anyneworreplacementtraveltrailerortravelvehiclewillbeallowedintheflood plaindistrictprovidedsaidtrailerorvehicleanditscontentsareplacedonfill abovetheregulatoryfloodprotectionelevationandproperelevatedroadaccess tothesiteexists Anyfillplacedinthefloodplainforthepurposeofelevatinga traveltrailershallbesubjecttotherequirementsofSubsection1105300 2 Allneworreplacementtraveltrailers ortravelvehiclesnotmeetingthecriteria of 1 abovemay asanalternative beallowedasaconditionaluseifin accordancewiththeprovisionsofSubsection1108200 Theapplicantmust submitanemergencyplanforthesafeevacuationofallvehiclesandpeople duringthe100yearflood Saidplanshallbepreparedbyaregisteredengineerandshalldemonstratethat adequatetimeandpersonnelexisttocarryouttheevacuation Allattendant sewageandwaterfacilitiesforneworreplacementtraveltrailersorother recreationalvehiclesmustbeprotectedorconstructedsoastonotbeimpaired orcontaminatedduringtimeofflooding 1105800 ADMINISTRATION StateandFederalPermit1105801 Priortograntingapermitorprocessingan applicationforaconditionalusepermitorvariance theapplicantshallverifythat allnecessaryStateandFederalpermitshavebeenappliedforandorissued Certification1105802 Theapplicantshallberequiredtosubmitcertificationbya registeredprofessionalengineer registeredarchitectorregisteredlandsurveyor thatthefinishedfillandbuildingelevationswereaccomplishedincompliance withtheprovisionsofthisSection Floodproofingmeasuresshallbecertifiedby aregisteredprofessionalengineerorregisteredarchitect RecordofFirstFloorElevation1105803 TheCommunityDevelopmentandNatural Resources Departmentshallmaintainarecordoftheelevationofthelowest floor includingbasement ofallnewstructuresandalterationsoradditionsto existingstructuresinthefloodplain TheCommunityDevelopmentandNatural ResourcesDepartmentshallalsomaintainarecordoftheelevationtowhich structuresandalterationsoradditionstostructuresarefloodproofed CityofPriorLake 1105p7June12009Surface Water Page 361 ZoningOrdinance FloodInsuranceNoticeandRecordKeepingforVarianceRequestsinthe1105804 FloodPlanDistricts TheDirectorofCommunityDevelopmentandNatural Resourcesshallnotifytheapplicantforavariancethat 1 theissuanceofa variancetoconstructastructurebelowthebasefloodlevelwillresultin increasedpremiumratesforfloodinsuranceuptoamountsashighas 2500 for 10000ofinsurancecoverage and2 suchconstructionbelowthe100year orregionalfloodlevelincreasesriskstolifeandproperty Suchnotificationshall bemaintainedwitharecordofallvarianceactions Novarianceshallhavethe effectofallowinginanydistrictusesprohibitedinthatdistrict permitalower degreeoffloodprotectionthantheregulatoryfloodprotectionelevationforthe particulararea orpermitstandardslowerthanthoserequiredbyStatelaw The Cityshallmaintainarecordofallvarianceactions includingjustificationfortheir issuance andreportsuchvariancesissuedinitsannualorbiennialreport submittedtotheAdministratoroftheNationalFloodInsuranceProgram 1105900 NU AstructureortheuseofastructureorpremisesONCONFORMINGSES whichwaslawfulbeforethepassageoramendmenttothisSectionbutwhichis notinconformitywiththeprovisionsofthisSectionmaybecontinuedsubjectto thefollowingconditions 1 Nosuchuseshallbeexpanded changed enlargedoralteredinawaywhich increasesitsnonconformity 2 Anyalterationoradditiontoanonconformingstructureornonconforminguse whichwouldresultinincreasingtheflooddamagepotentialofthatstructureor useshallbeprotectedtotheregulatoryfloodprotectionelevationinaccordance withanyoftheelevationonfillorfloodproofingtechniques ie FP1through FP4floodproofingclassifications allowableintheStateBuildingCode except asfurtherrestrictedinsubsection3below 3 Thecostofanystructuralalterationsoradditionstoanynonconforming structureoverthelifeofthestructureshallnotexceed50 ofthemarketvalue ofthestructureunlesstheconditionsofthisSectionaresatisfied Thecostofall structuralalterationsandadditionsconstructedsincetheadoptionoftheCitys initialfloodplaincontrolsmustbecalculatedintotodayscurrentcostwhichwill includeallcostssuchasconstructionmaterialsandareasonablecostplacedon allmanpowerorlabor Ifthecurrentcostofallpreviousandproposed alterationsandadditionsexceed50 ofthecurrentmarketvalueofthe structure thenthestructuremustmeetthestandardsofSubsection1105402 fornewstructures 4 Ifanynonconforminguseisdiscontinuedfor12consecutivemonths anyfuture useofthebuildingpremisesshallconformtothisSection 5 Ifanynonconforminguseorstructureisdestroyedbyanymeans including floods toanextentof50 ormoreofitsmarketvalueatthetimeof destruction itshallnotbereconstructedexceptinconformitywiththeprovisions CityofPriorLake 1105p8June12009Surface Water Page 362 ZoningOrdinance ofthisSection Theapplicableprovisionsforestablishingnewusesornew structuresinSubsection1105402willapply 11051000 A ThefloodplaindesignationontheFloodInsuranceRateMapMENDMENTS shallnotbechangedunlessitcanbeshownthatthedesignationisinerroror thattheareahasbeenfilledtoorabovetheelevationoftheregionalfloodand iscontiguoustolandsoutsidethefloodplain Specialexceptionstothisrule maybepermittedbytheCommissionerofNaturalResourcesifheshe determinesthat throughothermeasures landsareadequatelyprotectedforthe intendeduse AllamendmentstothisSection includingamendmentstotheFloodInsurance RateMap mustbesubmittedtoandapprovedbytheCommissionerofNatural Resourcespriortoadoption ChangesintheFloodInsuranceRateMapmust meettheFederalEmergencyManagementAgencys FEMA technical conditionsandcriteriaandmustreceivepriorFEMAapprovalbeforeadoption TheCommissionerofNaturalResourcesmustbegiven10dayswrittennotice ofallhearingstoconsideranamendmenttothisSectionandsaidnoticeshall includeadraftoftheordinanceamendmentortechnicalstudyunder consideration CityofPriorLake 1105p9June12009Surface Water Page 363 ZoningOrdinance TPIBHISAGENTENTIONALLYLANK FFAORUTUREMENDMENTS CityofPriorLake 1105p10June12009Surface Water Page 364 Local Surface Water Management Plan City of Prior Lake WSB Project No. 010393-000 APPENDIX D APPENDIX D Prior Lake- Spring Lake Watershed Rules Surface Water Page 365 Permit Information & Rules Prior Lake-Spring Lake Watershed District 4646 Dakota Street SE Prior Lake, Minnesota 55372 (952) 447-4166 October 2015 This information will be updated periodically. Please contact the District with questions or comments. Surface Water Page 366 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 i | P a g e PERMIT APPLICATION INFORMATION Prior Lake-Spring Lake Watershed District Contents Topic Background Information 1 Permits Required 1 Permit Applications 2 Summary of Application Requirements 4 Flows, Volumes and Elevations 4 Erosion and Sediment Control 4 Volume Control Requirements 5 Buffer Strips 5 Permit Application Escrow (Permit Fee Deposit) 6 Permit Security 7 Approval of Plans & Specs 7 Appendices Appendix 1: Map of the District 1 page Appendix 2: Rules of the District 37 pages Appendix 3: Forms 1-12, including Application Cover Sheet 32 pages Appendix 4: Checklists: Rules B – I 13 pages Appendix 5: Silt Fence Information 2 pages Appendix 6: Best Management Practices (BMPs) 1 page Appendix 7: Infiltration (MPCA) 3 pages Surface Water Page 367 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 1 | P a g e Background The Prior Lake-Spring Lake Watershed District (District) is a governmental agency established and authorized under the Minnesota Watershed Act (Minnesota Statutes Chapter 103D). The District was established on March 4, 1970, in response to a petition filed on June 24, 1969, by resident freeholders. The District covers about 42 square miles in Scott County, MN (see Map 1). The City of Prior Lake and Spring Lake Township comprise most of the District’s area; Sand Creek Township and the Cities of Shakopee and Savage also have some land in the District. Water in the PLSLWD flows mainly from the southwest to the northeast through Spring, Upper Prior and Lower Prior Lakes, and then north through the Prior Lake Outlet Channel to the Minnesota River near Valley Fair amusement park. The PLSLWD is administered by a five-person Board of Managers appointed by the Scott County Commissioners. Each manager is selected from nominees submitted by the cities and townships in the District. All of the District's policies, goals, and accomplishments are directed by the people who serve on the Board. The District also employees five staff: an Administrator, Administrative Assistant, Water Resources Project Manager, Water Resources Specialist III and a Water Resources Specialist I. This team handles the day-to-day operation of the District, from reading Prior Lake levels, to reviewing development plans, to answering calls from interested citizens. The District’s Board of Managers adopted Rules regarding the conservation, protection and management of land and water resources in the District on August 8, 2003. The current edition of these Rules was adopted on October 13, 2015 (see Appendix 2). The following information on the District’s rules and permitting requirements is provided to assist those who are subdividing land or undertaking land-disturbing activities within the watershed. If you contemplate any activity that may affect land or water resources in the District, you should review this information. This will help you determine the requirements of the District, including whether or not you are required to have a permit from the District for your planned activity. Permits Required A permit is required from the District when one or more of the following conditions are met: Rule D: Stormwater Management and Rule E: Erosion & Sediment Control Any land disturbing activity greater than one acre -or- Any land disturbing activity greater than 0.23 acre (10,000 square feet) within a shoreland protection zone (i.e. within 1,000 feet of a lake or DNR-protected wetland, or within 300 feet of the Prior Lake Outlet Channel). Rule F: Floodplain Alteration Any activity that alters or fills land below the 100-year critical flood elevation of any public waters, public waters wetland or other wetland. Rule G: Wetland Alteration Any activity that will drain, fill, excavate or otherwise alter a wetland. Surface Water Page 368 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 2 | P a g e Note: Permit projects also need to comply with District requirements under Rule J: Buffer Strips. Rule H: Bridge and Culvert Crossings Any activity that constructs, improves, repairs or alters a driveway, road or utility across the Prior Lake outlet channel or a watercourse with a tributary area in excess of 100 acres. Rule I: Drainage Alterations Any activity that artificially drains surface water, or obstructs or redirects the natural flow of runoff, so as to affect a drainage system established under Minnesota Statutes, chapter 103E, or the public health and general welfare of the District. Note: permits are also required from the municipality in which the activity is to take place; contact your municipality (i.e. City or County) for information about their permitting requirements. All land disturbing activities, whether or not they require a permit from the District, must be completed in compliance with the standards and criteria of the District’s Rules and in conformance with best management practices. A copy of the District’s Rules is included in this booklet. Permit Applications The District’s Rules require that any person or political subdivision undertaking an activity for which a permit is required must submit to the District for review a permit application. The following information must be included in a permit application provided to the District (refer to Appendix 3 for various forms, including the Application Form):  One Application Form (2 pages)*  Required Permit Fee Deposit (as applicable)  A location map that shows the project location and boundaries with respect to identifiable landmarks (roads, sections corners, etc)*  One complete copy of the application materials, such as calculations, drawings, and narratives, that are required by the District Rules to show how the proposed activities will meet the District’s Rule requirements* Note: The required applications materials vary based on the proposed activity, and may include grading plans, subdivision plans, hydrologic/hydraulic modeling results, stormwater management system design details, and/or a copy of the Storm Water Pollution Prevention Plan for the proposed activity. See the District Rules or contact District staff for more information on the specific application requirements for a proposed activity.  One set of mailing labels for the property owners located within 500 feet of the proposed activity* Note: The addresses must be obtained by the applicant from a licensed abstractor, and must be furnished to the District on mailing labels (i.e. 8.5” x 11” sheets of self-stick labels). The name for each address should be “Current Resident”.  One copy of the wetland delineation and wetland mitigation plan (as applicable)* * Both paper copy and electronic copy (pdf) required A complete permit application package must be filed with the District at least 14 calendar days prior to the scheduled meeting date of the Board of Managers to be considered for inclusion on that meeting agenda. Late or incomplete submittals will be scheduled to a subsequent meeting date. Note that applications for subdivision projects should be submitted to the District prior to Surface Water Page 369 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 3 | P a g e preliminary plat approval, preferably at the same time that the preliminary plat application is submitted to the local municipality. The Board of Managers holds its regular monthly meeting on the second Tuesday of each month, at 6:00 p.m., to discuss and act on the business of the District, including permit applications. The meetings are usually held at the Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake, MN. The meeting date, time or location may occasionally change due to meeting room conflicts or holidays; therefore, it is important to verify with District staff the date, time and location of a specific meeting. A permit application will not be processed for consideration by the Board of Managers until the information required in the Rules has been provided and the application has been determined by District staff to be complete. Once an application package is received, the District staff and engineer review the package for completeness and to determine if the proposed activities conform to the District’s Rules. The District staff and engineer will complete their initial review and provide comments back to the applicant within the timeframes specified in Minnesota Statutes Section 15.99, along with a determination of the completeness of the application. A complete application package must be filed with the District at least 14 calendar days before the Board meeting to be considered for that meeting’s agenda. To allow time to resolve questions and making any necessary revisions, the District recommends that applications be submitted 1-3 months prior to the meeting, depending on the complexity of the project. It has been the District staff’s experience that usually the first version of a permit application is missing key information, and is therefore incomplete. It is also common for the staff and engineer to have questions about the application materials and to identify design modifications that are necessary to meet the District’s Rules. As a result, after the initial application submittal it can take several weeks or more for an applicant to make the permit application complete and adequate. This includes time needed by the District staff to review each submittal of new or revised information, meet internally to discuss the application and exchange phone calls/faxes with the applicant, and also the time it takes the applicant to respond to the District’s questions and comments. Therefore, it is a good idea to submit a permit application well in advance of the Board meeting at which you hope to receive approval, to allow time for several iterations of questions and responses. Making a comprehensive application at the outset can minimize the number of steps and the time it takes to complete the application process. This involves reading the Rules of the District to determine what information is required. If you are in doubt about whether a particular provision of the Rules applies to your situation, feel free to contact staff prior to submitting the application, or address your question in writing as part of the application. Also, keep in mind that while you may have previously provided information to the District for another application or earlier phase of a development, do not assume that it is still available and will become part of your current permit application. You should submit all required information as part of each application. Finally, please understand that while District staff is sensitive to the time constraints of development and other land-disturbing activities within the District and the District is committed to acting on permit applications in a timely manner, only you can be responsible for the timing of your application. Ultimately, you must be your own advocate for the proposed project; the District cannot be that for you. Read the Rule requirements and this handbook, shepherd your application through the District’s process, and when in doubt, give us a call or send an e-mail – we look forward to working with you! Surface Water Page 370 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 4 | P a g e Summary of Application Requirements The following paragraphs summarize the District’s rule requirements and the information that is required as part of your application. This is summary guidance only, and is not meant to substitute for reading the District’s rules to identify specific requirements that may be applicable to your project. If you are interested in obtaining a permit from the Watershed District, please do the following: • Carefully review the District’s Rules and read those sections that apply to your plans. • Review your desired project schedule and include it in your application. • Assemble the Exhibits required in your application. • Call or meet with District staff if you have questions. • Complete the permit application form. • Submit your application well before the 14-day deadline. Appendix 4 includes several checklists designed to help you assemble the required application materials. The District recommends that you use these as you prepare your application. The checklists are not required to be included as part of the application submission. Flows, Volumes and Elevations: The District Rules require that the post-project runoff rates be equal to or less than the pre-project rates (i.e. existing conditions). The Rules also include requirements for volume control and minimum low-floor elevations. To assist the District in its evaluation of the proposed project with respect to these requirements, please include a summary in your application of the flows, runoff volumes and pond elevations, as applicable, for the existing and proposed conditions for the 2, 10 and 100-year events. Include a table with this information for each subcatchment in the project area, along with a summary able for the entire project area. The supporting information used to develop the summary tables (e.g. hydrologic model or calculations) should be included with the application. Subcatchment:______________________ *Mean Sea Level, in feet. Erosion and Sediment Control For land-disturbing activities, an erosion and sediment control plan must be submitted along with the application to show how best management practices (BMPs) will be used to prevent erosion and sediment migration into adjacent water resources or off site. If the project also required an NPDES Construction Stormwater Permit, the Storm Water Pollution Prevention Plan (SWPPP) developed for that permit may also serve as the erosion and sediment control plan for the District’s permit. Runoff Peak Flow (cfs) Post-project pond run- out elevation (MSL*) Runoff Volume (acre-feet) Event: Pre-project Post-project Pre-project Post-project 2-year 10-year 100-year Surface Water Page 371 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 5 | P a g e Note that temporary and permanent BMPs must be identified on the grading plans for the project, including timeframes for temporary mulch and seeding. Appendix 6 shows a list of common Best Management Practices (BMPs) for erosion and sediment control. Vegetation is the best and most permanent erosion control. You should plan to seed and mulch or otherwise stabilize the disturbed areas of your site as soon as possible following grading, and within the timeframes specified by the District’s Rule C. The appropriate seed mixture should be selected for the site, soil and time of year. If seeding is still needed in late fall, a dormant seed should be applied. A suitable seeding specification is to be included on your grading and erosion control plan. Refer to the latest edition of the Seeding Manual, Mn/DOT; it can be found at www.dot.state.mn.us. Silt Fence: Appendix 5 shows a silt fence and summarizes conditions that limit the usefulness of silt fences. Other sediment barrier BMPs, such as biologs, may be substituted for silt fence, and may even be preferred to silt fence depending on the site conditions. If you plan to use silt fence for erosion control, include a design/installation detail such as the one depicted in Appendix 5 on your grading plan. The silt fence must be installed at least 10 feet from the edges of any soil piles. The District recommends that silt fence not be used for perimeter control and other purposes not related to erosion control. All silt fence must be removed from the project site before the District will issue a Certificate of Completion for the project. Volume Control Requirements The Prior Lake-Spring Lake Watershed District is historically a land-locked basin. In the early 1980’s, an outlet was constructed on Lower Prior Lake. That outlet is limited to a maximum flow of 65 cfs, while the total watershed area is in excess of 22,000 acres. One of the strategies adopted by the Board of Managers to address the concerns posed by potential increases in runoff volumes as the watershed develops is to minimize increases in runoff volume resulting from new and re- development. The District is also interested in reducing runoff volumes from areas that developed prior to the adoption of storm water management requirements, promoting the use of innovative volume control BMPs in site designs, and increasing storage areas in the watershed by preserving and restoring wetlands. The District’s Rule D includes requirements for incorporating volume control BMPs into the project design, and for either avoiding net volume increases or controlling a portion of the runoff volume resulting from any net increase in impervious area resulting from the project. There are several manuals, guidebooks and guidance information available to assist you in incorporating volume control into your project. For example, Appendix 7 contains an excerpt from the MPCA’s General Stormwater Permit, which refers to infiltration requirements. Questions regarding the applicability of the District’s volume control requirements or suggestions for site design BMPs should be directed to District staff early in the process. Also, the District has cost-share funding available for projects that incorporate BMPs that go beyond the District’s minimum requirements for volume control; contact the District Administrator for more information about this partnership opportunity. Appendix 3 includes the form and language of the “Development Agreement” required by the District for infiltration/volume control facilities. This document can also be obtained in electronic form. Buffer Strips: The District’s Rules also require that buffer strips be established around wetlands and watercourses at the time of land subdivision (see Rule J). Buffer strips must be memorialized through a Surface Water Page 372 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 6 | P a g e conservation easement granted to the District and recorded on the property. Appendix 3 includes the general form and language of the “Declaration and Acceptance of Conservation Easement” document. This can also be obtained in electronic form. Permit Application Escrow (Permit Fee Deposit): It is the policy of the Board of Managers that it is in the public interest to require applicants to pay the cost of administering, reviewing, and inspecting permit applications rather than using the District’s annual administrative levy for such purposes (see Rule K). To implement this policy and rule requirement, the PLSLWD requires that permit applicants provide a Permit Fee Deposit to cover the costs of application review, inspections and compliance efforts. The Permit Fee Deposit is due at the time that the permit application is submitted to the District. The Deposit includes a $10.00 application fee and an amount held in escrow to be used for the actual costs of permit review, field inspections, monitoring and related expenses. The amount of the Deposit is set by the Board of Managers on an annual basis. Fees will not be charged to the federal government, the State of Minnesota or a political subdivision. District will meet with a potential permittee for a pre-application consultation at no charge. Beyond the initial meeting, the District will track the actual costs of the permit application review (including engineering and legal costs) and charge those costs against the Permit Fee Deposit. When an application is approved by the Board of Managers, any review costs in excess of the initial deposit will be billed to the applicant. The Deposit must also be replenished to the original deposit amount before the permit will be issued, to cover the District’s actual costs to monitor compliance and address non-compliance with its Rules. If at any time during the project the Permit Fee Deposit falls below 25% of the original amount, the permittee must replenish the deposit to the original balance. Once the District determines that the permitted activity has been completed in accordance with the permit and the District’s Rules, any unused portion of the Permit Fee Deposit will be returned to the applicant, minus the $10 application fee. The District does not pay interest on escrow deposits. 2005 Permit Fee Deposit Amounts The following table presents the Permit Fee Deposit amounts adopted by the Board of Managers in 2005. Fees are cumulative based on each applicable category. Activity Permit Fee Deposit (2005) Grading or Alteration: Less than one acre $500 1.0 – 4.9 acres $1,000 5.0 – 19.9 acres $1,500 20 or more acres $2,000 Projects with Wetland or Floodplain Areas $1,000 Bridge or Culvert Crossing of a Waterbody or Ditch $1,500 (per crossing) Drainage Alterations $1,500 Surface Water Page 373 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 7 | P a g e Permit Security: The District Rules also require cash security or an irrevocable renewable letter of credit to ensure completion of the permitted activity in accordance with the permit and the rules of the District (see Rule L). The Permit Security is due following Board approval of the application, prior to permit issuance. Requirements for Cash Security -- Security provided as a cash deposit will be held in escrow by the District until final completion of the project. The District may use the security to correct any default by the permittee under the permit or the District’s Rules, or to pay for any outstanding actual costs incurred by the District for permit review, field inspections, monitoring or related expenses. Once the District determines that the permitted activity has been completed in accordance with the permit and the District’s Rules, any unused portion of the Permit Security will be returned to the applicant. The District does not pay interest on escrow deposits. Requirements for Letters of Credit -- Security provided in the format of a letter of credit must be issued for a minimum term of one year, with an expiration/renewal date of January 1. Security with a shorter term may be deposited with the District provided that it is replaced at least 30 days before its expiration. The District shall be authorized to draw against the letter of credit after any default by the permittee under the permit or the District’s Rules, if the permittee fails to replace any security at least 30 days before its expiration, or to pay for any outstanding actual costs incurred by the District for permit review, field inspections, monitoring or related expenses. 2005 Permit Security Requirements The Permit Security will vary as outlined below. Security is cumulative based on each applicable category. *Not required if provided to the municipality and proof of receipt is provided to the District. Stamp Required on Final Plans & Specifications When a permit is issued, the approved plans and specifications must be stamped, initialed and dated by the District (see example stamp text). These approved “Plans & Specs” are an integral part of the permit. All permitted activity is to be done in accordance with the approved plans and specifications. A copy of the permit, including the approved plans & specs, must be kept at the site of the approved activity at all times while the authorized work is in progress. Activity Amount of Security 1. Site development/grading $1,000/acre 2. Construction of a public ditch or waterbody crossing, including a crossing of the Prior Lake Outlet Channel • $2,000 for single-lane crossing • $5,000 for 2 or more lanes 3. Construction activity or grading within 100 feet of the Prior Lake Outlet Channel or any public ditch • $3,000 for a parallel distance less than 500 ft. • $5,000 for a parallel distance of 500 feet or greater 4. Stormwater management facilities (ponds, outlets, infiltration basins, environmental manholes, rain gardens, etc.)* 125% of estimated construction costs* Surface Water Page 374 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 8 | P a g e Example of Plans & Specs Approval Stamp These Plans & Specs have been approved by:___________ Date:_______ For Permit#:_________ • All work must be done in accordance with these approved Plans and Specs, District Rules, and the terms and conditions of the Permit. • Plans and Specs must not be changed without Prior written approval of the Prior Lake-Spring Lake Watershed District. • Permittee must have a copy of the approved Plans and Specs on-site while work is in progress. • Authority: Water & Land Resource Mgmt Rules, Prior Lake-Spring Lake Watershed District, 952-447-4166. • Conditions: Surface Water Page 375 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 9 | P a g e APPENDICES Appendix 1: Map of the District 1 page Appendix 2: Rules of the District 37 pages Appendix 3: Forms 1-12, including Application Cover Sheet 32 pages Appendix 4: Checklists: Rules B – I 12 pages Appendix 5: Silt Fence Information 2 pages Appendix 6: Best Management Practices (BMPs) 1 page Appendix 7: Infiltration (MPCA) 3 pages Surface Water Page 376 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 10 | P a g e Appendix 1 –Map of the District Surface Water Page 377 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 11 | P a g e Appendix 2 – Rules of the District POLICY STATEMENT The Prior Lake-Spring Lake Watershed District (the District) is a political subdivision of the state under the Minnesota Watershed Act, and a watershed management organization as defined in the Metropolitan Surface Water Management Act. These Acts provide the District with power to accomplish its statutory purpose - the conservation, protection and management of water resources within the boundaries of the District through sound scientific principles. The District has adopted a water resources management plan pursuant to the Acts. These Rules implement the plan’s principles and objectives. Land alteration and utilization can affect the rate and volume and degrade the quality of surface water runoff within the District. Sedimentation from ongoing erosion and construction activities will reduce hydraulic capacity of waterbodies and degrade water quality. Water quality problems already exist in many waterbodies in the District. Activities that increase the rate or volume of stormwater runoff will aggravate existing flooding problems and contribute to new ones. Activities that degrade runoff quality will cause quality problems in receiving water. Activities that fill floodplain or wetland areas will reduce flood storage and hydraulic capacity of waterbodies, and will degrade water quality by eliminating the filtering capacity of such areas. These Rules protect the public health, welfare and natural resources of the District by regulating the improvement or alteration of land and waters within the District to reduce the severity and frequency of high water, to preserve floodplain and wetland storage capacity, to improve the chemical and physical quality of surface waters, to reduce sedimentation, to preserve the hydraulic and navigational capacities of waterbodies, to promote and preserve natural infiltration areas, and to preserve natural shoreline features. In addition to protecting natural resources, these Rules are intended to minimize future public expenditures on problems caused by the improvement or alteration of land and waters. Surface Water Page 378 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 12 | P a g e RELATIONSHIP WITH MUNICIPALITIES AND COUNTY The District recognizes that the control and determination of appropriate land use is the responsibility of the municipalities and the county. The District will review permit applications involving land subdivision before preliminary approval is received from the municipality or county so that District requirements will be considered in the review process. The District intends to be active in the regulatory process to ensure that water resources are managed in accordance with its goals and policies. The District will require permits for developments and improvements in the watershed that meet the thresholds specified in the Rules. Municipalities will have the option of assuming a more active role within the permitting process after adoption of local water management plans approved by the District and implementation of local ordinances consistent with the approved plan. In the interim, however, the District will direct the permitting process. The District desires to provide technical advice to the municipalities and the county in the preparation of local stormwater management plans and the review of projects that may affect water resources prior to investment of significant public or private funds. Surface Water Page 379 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 13 | P a g e RULE A - DEFINITIONS For the purposes of these Rules, unless the context otherwise requires, the following words and terms shall have the meanings set forth below. References in these Rules to specific sections of the Minnesota Statutes or Rules include amendments, revisions or recodifications of such sections. The words “shall” and “must” are mandatory; the word “may” is permissive. Agricultural Activity - the use of land for the production of agronomic, horticultural or silvicultural crops, including nursery stock, sod, fruits, vegetables, flowers, cover crops, grains, Christmas trees, and grazing. Alteration or Alter - when used in connection with public waters or wetlands, any activity that will change or diminish the course, current or cross-section of public waters or wetlands. Applicant - any person or political subdivision that submits an application to the District for a permit under these Rules. Best Management Practices or BMPs - techniques proven to be effective in controlling runoff, erosion and sedimentation including those documented in the Minnesota Construction Site Erosion and Sediment Control Planning Handbook (BWSR, 1988); Protecting Water Quality in Urban Areas (MPCA, 2000); Minnesota Urban Small Sites BMP Manual (Metropolitan Council 2001); and Minnesota Stormwater Manual (MPCA, 2014): as such documents may be amended, revised or supplemented. Compensatory Storage - excavated volume of material below the floodplain elevation required to offset floodplain fill. Compliance Agreement - an agreement required pursuant to Paragraph 7 of Rule B to assure compliance with these Rules. County - Scott County, Minnesota. Dead Storage - the permanent pool volume of a water basin, or the volume below the runout elevation of a water basin. Detention Basin - any natural or manmade depression for the temporary storage of runoff. Development - the construction of any structure on or the subdivision of land. District - the Prior Lake-Spring Lake Watershed District. Drain or Drainage - any method for removing or diverting water from waterbodies, including excavation of an open ditch, installation of subsurface drainage tile, filling, diking or pumping. Erosion - the wearing away of the ground surface as a result of wind, flowing water, ice movement or land disturbing activities. Erosion and Sediment Control Plan - a plan of BMPs or equivalent measures designed to control runoff and erosion and to retain or control sediment on land during the period of land disturbing activities in accordance with the standards set forth in Rule E. Excavation - the artificial removal of soil or other earth material. Surface Water Page 380 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 14 | P a g e Fill - the deposit of soil or other earth material by artificial means. Floodplain - the area adjacent to a waterbody that is inundated during a 100-year flood. Impervious Surface - a surface compacted or covered with material so as to be highly resistant to infiltration by runoff. Impervious surface shall include roads, driveways and parking areas, whether or not paved, sidewalks greater than 3 feet wide, patios, tennis and basketball courts, swimming pools, covered decks and other structures. Open decks with joints at least ¼ inch wide, areas beneath overhangs less than 2 feet wide, and sidewalks 3 feet or less wide shall not constitute impervious surfaces under these Rules. Land Disturbing Activity - any change of the land surface to include removing vegetative cover, excavation, fill, grading, stockpiling soil, and the construction of any structure that may cause or contribute to erosion or the movement of sediment into waterbodies. The use of land for agricultural activities shall not constitute a land disturbing activity under these Rules. Landlocked Basin - a basin other than Prior Lake that is one acre or more in size and does not have a natural outlet at or below the 100-year flood elevation as determined by the 100- year, 10- day runoff event. Low Floor - the finished surface of the lowest floor of a structure. Managers - the board of managers of the District. MnDOT - the Minnesota Department of Transportation. Municipal Separate Storm Sewer System (MS4) - the Prior Lake Outlet Channel, which is operated by the District and is designed and used to convey water from the outlet for Prior Lake. Municipality - any city or township wholly or partly within the District. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit – a permit issued by the Minnesota Pollution Control Agency that authorizes the discharge of pollutants to waters of the State. NRCS - the Natural Resource Conservation Service. NURP - the Nationwide Urban Runoff Program developed by the Environmental Protection Agency to study stormwater runoff from urban development. Ordinary High Water Level or OHW - the boundary of waterbodies and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Owner - the owner of a parcel of land or the purchaser under a contract for deed. Parcel - a parcel of land designated by plat, metes and bounds, registered land survey, auditors subdivision or other accepted means and separated from other parcels or portions by its designation. Surface Water Page 381 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 15 | P a g e Permittee - the person or political subdivision in whose name a permit is issued pursuant to these Rules. Person - any individual, trustee, partnership, unincorporated association, limited liability company or corporation. Political Subdivision - a municipality, county or other political division, agency or subdivision of the state. Prior Lake Outlet Channel - a watercourse improved and maintained by the District to provide an outlet for Prior Lake. Public Health and General Welfare - are defined in Minnesota Statutes, section 103D.011, subdivisions 23 and 24. Public Waters - any waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. Public Waters Wetland - any wetland as defined in Minnesota Statutes, section 103G.005, subdivision 15a. Redevelopment - the rebuilding, repair or alteration of a structure, land surface or facility for which over 50 percent of the parcel involved is disturbed by a land disturbing activity. Runoff - rainfall, snowmelt or irrigation water flowing over the ground surface. Sediment - soil or other surficial material transported by surface water as a product of erosion. Sedimentation - the process or action of depositing sediment. Shoreland Protection Zone - land located within a floodplain, within 1,000 feet of the OHW of a public water or public waters wetland, or within 300 feet of the Prior Lake outlet channel. Standard - a preferred or desired level of quantity, quality or value. Stormwater Management Plan - a plan for the permanent management and control of runoff prepared and implemented in accordance with the standards set forth in Rule D. Structure - anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, water and storage systems, drainage facilities and parking lots. Subdivision or Subdivide - the separation of a parcel of land into 2 or more parcels. SWCD - the Scott Soil and Water Conservation District. Water basin - an enclosed natural depression with definable banks capable of containing water that may be partly filled with public waters. Waterbody - all water basins, watercourses and wetlands as defined in these Rules. Watercourse - any natural or improved stream, river, creek, ditch (including Scott County Ditch 13), channel, culvert, drain, gully, swale or wash in which waters flow continuously or intermittently in a definite direction. Water Resources Management Plan - the watershed management plan for the District adopted and implemented in accordance with Minnesota Statutes, section 103B.231. Surface Water Page 382 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 16 | P a g e Watershed - a region draining to a specific watercourse or water basin. Wetland - land transitional between terrestrial and aquatic systems as defined in Minnesota Statutes, section 103G.005, subdivision 19. Wetland Conservation Act or WCA - the Minnesota Wetland Conservation Act of 1991. Surface Water Page 383 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 17 | P a g e RULE B - PROCEDURAL REQUIREMENTS 1. APPLICATION REQUIRED. Any person, or political subdivision, undertaking an activity for which a permit is required by these Rules shall first submit to the District for review a permit application, design data, plans, specifications and such other information and exhibits as may be required by these Rules. Permit applications shall be signed by the owner, or the owner’s authorized agent, except for activities of a political subdivision which may be signed by either the owner or the general contractor. 2. FORMS. Permit applications shall be submitted on forms provided by the District. Forms are available at the District office. 3. ACTION BY MANAGERS. The managers shall approve or deny within 60 days after receipt of an application containing all required information, exhibits and fees, and complete under Minnesota Statues, Section 15.99. Failure of the managers to deny an application within 60 days is approval of the application. If the mangers deny an application, they must state in writing the reasons for the denial at the time they deny the application. If the District receives an application not containing all required information, exhibits and fees, the 60 day limit starts over if the District sends notice within 10 business days after receipt of the application telling the applicant what information is missing. If a state or federal law or court order requires a process to occur before the managers act on an application, or if an application requires prior approval of a state or federal agency, the deadline for the managers to approve or deny is extended to 60 days after completion of the required process or the required prior approval is granted. The managers may extend the initial 60-day period by providing written notice of the extension to the applicant. The notice shall state the reasons and anticipated length of the extension, and may not exceed 60 days unless approved by the applicant. To the extent inconsistent with these Rules, the provisions of Minnesota Statutes, Section 15.99, shall apply. 4. CONFORMITY WITH SUBDIVISION PLAN. The managers will consider permit applications for subdivisions before preliminary approval is received from the municipality or county. The District shall furnish a copy of the approved permit to the municipality or county. The preliminary and final subdivision approval obtained from the municipality and county shall be consistent with the conditions of the permit approved by the District. The applicant shall furnish to the District copies of the resolutions granting preliminary and final subdivision approval within 30 days after adoption by the municipality or county. 5. SUBMITTAL. A complete permit application with all required information and exhibits shall be filed with the District at least 14 calendar days prior to the scheduled meeting date of the managers. Late or incomplete submittals will be scheduled to a subsequent meeting date. 6. NOTIFICATION. The District shall mail notice of the permit application to the owners of land within 500 feet of the described activity, and to the municipality or county with jurisdiction over the activity, at least 7 days prior to the scheduled meeting date of the managers at which the application will be considered. The names and addresses of the owners to be notified shall be obtained by the applicant from a licensed abstractor and furnished to the District with the permit application. The permit application will not be processed until the list of owners has been submitted. Neither the failure to give mailed notice to any owner nor any defect in the notice shall invalidate an action by the managers on a permit application. 7. CONDITIONS. A permit may be approved subject to reasonable conditions to assure Surface Water Page 384 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 18 | P a g e compliance with these Rules. The conditions may include a requirement that the permittee and owner, including any mortgagee, enter into an agreement with and in form acceptable to the District to (a) specify responsibility for the construction and future maintenance of approved structures, (b) document other continuing obligations of the permittee or owner, (c) grant reasonable access to the proper authorities for inspection, monitoring and enforcement purposes, (d) affirm that the District or other political subdivisions can require or perform necessary repairs or reconstruction of such structures, (e) require indemnification of the District for claims arising from issuance of the permit or construction and use of the approved structures, and (f) reimburse the reasonable costs incurred to enforce the agreement. Permits and agreements may be filed for record to provide notice of the conditions and continuing obligations. 8. ISSUANCE OF PERMITS. The managers will issue a permit only after the applicant has satisfied all requirements of these Rules, paid all required fees, and submitted to the District any required security. When the District issues a permit where plans are required, the District shall endorse in writing or stamp the plans and specifications as “approved.” All activity under the permit shall be done in accordance with the approved plans and specifications, one set of which shall be kept on the site of the activity at all times while the authorized work is in progress. 9. VALIDITY. Issuance of a permit based on plans, specifications or other data shall not prevent the District from thereafter requiring the correction of errors in the approved plans, specifications and data, or from preventing any activity being carried on thereunder in violation of these Rules. 10. EXPIRATION. A permit shall expire and become null and void if the approved activity is not commenced within 180 days after approval by the managers, or if the approved activity is suspended or abandoned at any time after the activity is commenced for a period of 180 days. Before the activity can recommenced, the permit must be renewed. An application for renewal of a permit must be in writing, and state the reasons for the renewal. Any plan changes and required fees must be included with the application. There must be no unpaid fees or other outstanding violations of the permit being renewed. The managers shall consider the application for renewal on the basis of the Rules in effect on the date the application is considered. Any permittee may apply for an extension of time to commence the approved activity under an unexpired permit when the permittee is unable to commence the activity within the time required by these Rules. An application for an extension of a permit must be in writing, and state the reasons for the extension. Any plan changes and required fees must be included with the application. There must be no unpaid fees or other outstanding violations of the permit being extended. The application must be received by the District at least 30 days prior to the permit’s expiration. The managers shall consider the application for an extension on the basis of the Rules in effect on the date the application is considered. The managers may extend the time for commencing the approved activity for a period not exceeding 180 days upon finding that circumstances beyond the control of the permittee have prevented action from being taken. No permit may be extended more than once. 11. MODIFICATIONS. The permittee shall not modify the approved activity or plans and specifications on file with the District without the prior approval of the managers. 12. INSPECTION AND MONITORING. After issuance of a permit, the District may perform Surface Water Page 385 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 19 | P a g e such field inspections and monitoring of the approved activity as the District deems necessary to determine compliance with the conditions of the permit and these Rules. Any portion of the activity not in compliance shall be promptly corrected. In applying for a permit, the applicant consents to entry upon the land for field inspections and monitoring, or for performing any work necessary to bring the activity into compliance. The cost of the District for field inspections and monitoring, including services of consultants, shall be payable by the permittee as provided in Paragraph 4 of Rule K. 13. SUSPENSION OR REVOCATION. The District may suspend or revoke a permit issued under these Rules wherever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any provision of these Rules, or if the preliminary and final subdivision approval received from the municipality or county is not consistent with the conditions of the permit. 14. CERTIFICATION OF COMPLETION. The District will certify completion of an activity for which a permit has been issued under these Rules and authorize the release of any required security upon inspection and submittal of information verifying completion of the activity in accordance with the approved plans and conditions of the permit. Copies of documents, with evidence of recording where appropriate, that establish easements or provide for maintenance of structures required by the permit shall be filed with the District before completion can be certified and any security released. No activity may be certified as complete if there are any unpaid fees or other outstanding permit violations. If the District fails to make a determination as to compliance of an activity with the conditions of the permit within 60 days after submittal of the foregoing information verifying completion, the activity shall be deemed complete and any surety shall thereupon be released. 15. PERMIT TRANSFERS. Transfer of a permit without a plan change may be administratively approved upon receipt of a permit application from the transferee with the applicable fees and any required surety. Transfer of a permit with plan changes shall be processed as a new permit application under these Rules. No permit may be transferred if there are any unpaid fees or other outstanding permit violations. Permit transfer does not release the original permittee from liability under the permit or extend the permit term. 16. OTHER PERMITS. The applicant shall secure all environmental permits and approvals required by other governmental entities, and promptly provide the District with copies of such permits and approvals after issuance. 17. ADMINISTRATION OF RULES. The District Administrator shall administer and enforce these Rules under the direction and control of, and subject to the powers expressly reserved to, the managers. At any time within 5 days after a decision or determination by the District Administrator interpreting or applying these Rules, the applicant, permittee or any other person or political subdivision with an interest in the decision or determination, may appeal to the managers. The managers shall, at a regular or special meeting, consider and affirm, reverse or remand the decision or determination that is on appeal. 18. REGULAR MEETINGS. Regular meetings of the managers are held on the second Tuesday of each month at 7:30 p.m., unless notice of a different date or time is given. 19. SEVERABILITY. If any provision of these Rules is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these Rules shall not be affected thereby. Surface Water Page 386 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 20 | P a g e RULE C - GENERAL STANDARDS 1. POLICY. It is the policy of the managers to protect the water resources of the District by requiring that all activities within the District comply with minimum standards for the protection of water quality and the environment. 2. REGULATION. (a) All land disturbing activities, whether requiring a permit under these Rules or otherwise, shall be undertaken in conformance with best management practices and in compliance with the standards and criteria in these Rules. (b) No person shall conduct land disturbing activities without protecting adjacent property and waterbodies from erosion, sedimentation, flooding or other damage. (c) Land disturbing activities shall be planned and conducted to minimize the extent of disturbed area, runoff velocities and erosion potential, and to reduce and delay runoff volumes. Erosion and runoff controls, consistent with best management practices, shall be properly installed before commencing land disturbing activities, and sufficient to retain sediment on-site. Erosion and runoff controls shall be regularly inspected and maintained. Disturbed area within 100 feet of a waterbody, storm sewer inlet or road shall be stabilized if work within the area ceases or will be suspended for more than 7 days on slopes greater than 3:1, or 14 days on slopes ranging from 3:1 to 10:1, or 21 days for flatter slopes. Vegetation shall be installed over the disturbed areas promptly if the land disturbing activity ceases or is suspended, and upon completion. (d) When possible, existing natural watercourses and vegetated soil surfaces shall be used to convey, store, filter and retain runoff before discharge into public waters or a stormwater conveyance system. (e) When possible, runoff from roof gutter systems shall discharge onto lawns or other pervious surfaces to promote infiltration. (f) Use of fertilizer and pesticides in the shoreland protection zone shall be done so as to minimize runoff into public waters by the use of earth material, vegetation, or both. (g) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference shall be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and man-made materials and facilities. (h) Whenever the District determines that any land disturbing activity has become a hazard to any person, or endangers the property of another, adversely affects water quality or any waterbody, increases flooding, or otherwise violates these Rules, the owner of the land upon which the land disturbing activity is located, or other person or agent in control of such land, upon receipt of written notice from the District, shall within the time period specified therein repair or eliminate such condition. The owner of the land upon which a land disturbing activity is located shall be responsible for the cleanup and any damages from sediment that has eroded from such land. The District may require the owner to obtain a permit under these Rules before undertaking any repairs or restoration. Surface Water Page 387 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 21 | P a g e RULE D - STORMWATER MANAGEMENT 1. POLICY. It is the policy of the managers to: (a) Require that peak runoff rates not exceed existing conditions and the capacity of downstream conveyance facilities or contribute to flooding. (b) Manage subwatershed discharge rates and flood storage volumes to be consistent with the goals of the water resources management plan. (c) Control runoff rates by the use of regional or on-site detention or infiltration facilities where feasible. (d) Review stormwater management structures based on the 100-year critical storm event for the drainage area. (e) Route runoff to water treatment ponds or other acceptable facilities before discharging into waterbodies. (f) Promote the use of natural waterbodies for storing runoff and improving water quality and other amenities. (g) Promote natural infiltration of runoff. (h) Minimize the amount of directly connected impervious surface created by the development, preserve the infiltration capacity of the soil, and incorporate infiltration practices into the design where feasible. 2. REGULATION. (a) No person or political subdivision shall commence a land disturbing activity or the development or redevelopment of land, unless specifically exempted by Paragraph 9 below, without first obtaining a permit from the District that incorporates and approves a stormwater management plan for the activity, development or redevelopment. (b) Where the District has Memorandum of Agreements with municipalities for Local Water Planning and Regulation, the municipalities will comply with MS4 Permit requirements for Post-Construction Stormwater Management. 3. CRITERIA. Stormwater management plans shall comply with the following criteria: (a) A hydrograph method based on sound hydrologic theory will be used to analyze runoff for the design or analysis of flows and water levels. (b) Runoff rates for the proposed activity shall not exceed existing runoff rates for the 2- year, 10-year and 100-year critical storm events, and runoff rates may be restricted to less than the existing rates when necessary for the public health and general welfare of the District. (c) Where a project creates one or more acres of new impervious surface, the stormwater runoff volume shall be retained on site in the amount equivalent to 1.0 inches of runoff over the new impervious surface. For a project that creates less than one acre of new impervious, the stormwater runoff volume shall be retained on site in the amount equivalent to 0.5 inches of runoff over the new impervious. Surface Water Page 388 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 22 | P a g e (i) Development that creates impervious surfaces must explicitly address the use of best management practices to limit the loss of pervious area, and meet the volume reduction standards to the extent feasible considering site-specific conditions. 1) Volume reduction techniques considered shall include infiltration, reuse and rainwater harvesting, canopy interception and evapotranspiration, and/or additional techniques included in the Minnesota Stormwater Manual, as amended. High priority shall be given to BMPs that include volume reduction. Secondary preference is to employ filtration techniques, followed by water quality ponding BMPs. 2) The District may approve alternative BMPs instead of infiltration, provided that the proposed BMPs meet the requirements of the NPDES General Construction Permit, as amended. (ii) BMPs shall be designed and installed in accordance with generally accepted design practices and guidance contained in the Minnesota Pollution Control Agency’s Minnesota Stormwater Manual, as amended. (d) Infiltration features shall include the following design considerations: (i) The infiltration area shall be capable of infiltrating the required volume within 48 hours for surface and subsurface BMPs. (ii) Infiltration areas will be limited to the horizontal areas subject to prolonged wetting. (iii) Areas of permanent pools tend to lose infiltration capacity over time and will not be accepted as an infiltration practice. (iv) Stormwater runoff must be pretreated to remove solids before discharging to infiltration areas to maintain the long term viability of the infiltration areas. (e) Regional detention basins shall be utilized to manage peak flow rates and runoff volumes, and meet water quality objectives when feasible. On-site detention basins, infiltration facilities, and permanent sedimentation and water quality ponds will be utilized for land disturbing activities exceeding one acre when regional basins are not in place or feasible. A waiver may be granted for special circumstances described in Paragraphs 4(a) and 4(b) below. (f) The applicant will provide water quality BMPs sized to infiltrate and/or retain the runoff volume generated on the site by the 2 year, 24-hour event under the developed condition for all points where discharges leave a site. For that portion of the 2 year, 24-hour event runoff volume that is not required to be infiltrated under paragraph (c), water quality BMPs or additional infiltration will be incorporated. The order of preference for water quality BMPs is biofiltration, filtration, wetland treatment system, extended detention, and wet detention in accordance with NURP standards. (g) Analysis of flood levels, storage volumes and flow rates for waterbodies and detention basins shall be based on the range of rainfall and snow melt durations producing the critical flood levels and discharges. (h) Landlocked water basins may be provided with outlets that: Surface Water Page 389 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 23 | P a g e (i) Retain a hydrologic regime complying with Rules F and G; (ii) Provide sufficient dead storage to retain back-to-back 100-year, 24-hour rainfalls and runoff above the highest anticipated groundwater elevation and prevent damage to property adjacent to the basin; and (iii) Do not create adverse downstream flooding or water quality conditions, or materially affect stability of downstream water courses. (i) Detention basins shall be designed to provide: (i) An outlet structure to control the 2-year, 10-year and 100-year critical storm events to predevelopment runoff rates; (ii) An identified overflow spillway sufficiently stabilized to convey a 100-year critical storm event; (iii) A normal water elevation above the OHW of adjacent waterbodies; and (iv) Access for future maintenance. (j) Permanent sedimentation and water quality ponds shall be designed to the Wet Pond Design Standards set forth on Appendix A to these Rules and provide: (i) Water quality features consistent with NURP criteria and best management practices; (ii) A permanent wet pool with dead storage of at least the runoff from a 2.5-inch storm event; (iii) A normal water elevation above the OHW of adjacent waterbodies; (iv) An outlet skimmer to prevent migration of floatables and oils for at least the one year storm event; and (v) Access for future maintenance. (k) Unless a municipality or the county has adopted an ordinance prescribing a minimum low floor elevation, which ordinance shall govern, any new residential, commercial, industrial and other habitable structures shall be constructed with the following low floor elevation: (i) In the case of a land-locked basin, the low floor elevation shall be at least 3 feet above the surveyed basin overflow or three feet above the high water level of the basin as determined from an estimate of high water levels using the higher of either the 100-year, 10-day runoff event and back-to-back 100-year, 24-hour rainfalls under full build-out conditions. Aerial photographs, vegetation, soils and topography shall be used to derive a “normal” water elevation for the basin to compute the 100-year elevation. (ii) In all other cases, the low floor elevation shall be at least 2 feet above the critical event 100-year high water elevation and three feet above the overflow elevation of nearby waterbodies and stormwater basins. 4. WAIVERS. (a) The managers may waive the on-site runoff rate and water quality control design Surface Water Page 390 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 24 | P a g e criteria in Paragraphs 3(a), 3(b), 3(d), 3(e), 3(f), 3(h), and 3(i) above, if a municipality has an approved local water management plan which provides for off-site stormwater facilities capable of controlling and treating runoff. (b) The design criteria in Paragraphs 3(b), 3(c), 3(d), 3(e), and 3(i) above may be waived for sites with total new impervious surface of less than one acre, or for sites with land disturbing activities less than one acre; if volume control, runoff rate control, and water quality BMPs have been incorporated to the maximum extent possible. 5. EXHIBITS. The following exhibits shall accompany the permit application (one set full size, and two sets reduced to a maximum size of 11" x 17"): (a) Property lines and delineation of lands under ownership of the applicant. (b) Delineation of the subwatershed contributing runoff from off-site, proposed and existing subwatersheds on-site, emergency overflows and watercourses. (c) Proposed and existing stormwater facilities location, alignment and elevation. (d) Delineation of existing on-site wetland, marsh, shoreland and floodplain areas. (e) For applications proposing infiltration as a stormwater management practice, identification, description, permeability and approximate delineation of site soils in both existing and proposed as-developed condition. (f) Existing and proposed ordinary high and 100-year water elevations on-site. (g) Existing and proposed site contour elevations at 2 foot intervals, referenced to NGVD, 1929 datum. (h) Construction plans and specifications of all proposed stormwater management facilities, including design details for outlet controls. (i) Runoff volume and rate analysis for the 2-year, 10-year and 100-year critical storm events, existing and proposed. (j) All hydrologic, water quality and hydraulic computations made in designing the proposed stormwater management facilities. (k) Narrative addressing incorporation of infiltration BMPs. (l) Delineation of any ponding, flowage or drainage easements, or other property interests, to be dedicated for stormwater management purposes. 6. MAINTENANCE. All stormwater management structures and facilities shall be maintained in perpetuity to assure that the structures and facilities function as originally designed. The responsibility for maintenance shall be assumed either by the municipality or county with jurisdiction over the structures and facilities, or by the applicant entering into a compliance agreement with the District. 7. EASEMENTS. The applicant shall establish in form acceptable to the District temporary and perpetual easements for ponding, flowage and drainage purposes over hydrologic features such as waterbodies and stormwater basins. The easements shall include the right of reasonable access for inspection, monitoring, maintenance and enforcement purposes. 8. COVENANTS. The District may require that the land be subjected to restrictive Surface Water Page 391 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 25 | P a g e covenants or a conservation easement, in form acceptable to the District, to prevent the future expansion of impervious surface and the loss of infiltration capacity. 9. EXCEPTIONS. No permit or stormwater management plan shall be required under this Rule for the following land disturbing activities: (a) Minor land disturbing activities such as home gardens, repairs and maintenance work. (b) Construction, installation and maintenance of individual sewage treatment systems. (c) Construction, installation and maintenance of public utility lines or individual service connections unless the activity disturbs more than one acre, in which event Paragraph 9(e) below shall apply. (d) Construction of any structure on an individual parcel in a subdivision with a stormwater management plan approved by the District, so long as any land disturbing activity complies with the approved plan. (e) Development or redevelopment of, or construction of a structure on, an individual parcel with a land disturbing activity that does not cause off-site erosion, sedimentation, flooding or other damage, and disturbs: (i) Less than 10,000 square feet in the shoreland protection zone; provided that, if a municipality or county with jurisdiction has adopted an ordinance requiring stormwater management consistent with this Rule D that also regulates the activity, such ordinance shall govern the activity. Where the municipality or county with jurisdiction regulates the activity, the exemption shall increase from 10,000 square feet to one acre, at which point this Rule shall apply in addition to the municipal or county regulation for land disturbing activities greater than one acre; or (ii) Less than one acre outside of the shoreland protection zone. (f) Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles. (g) Emergency activity necessary to protect life or prevent substantial harm to persons or property. (h) All land disturbing activities not required by this Rule to obtain a permit or have an approved stormwater management plan shall nevertheless be conducted in full compliance with Rule C. Surface Water Page 392 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 26 | P a g e RULE E - EROSION AND SEDIMENT CONTROL 1. POLICY. It is the policy of the managers to require the preparation and implementation of erosion and sediment control plans to control runoff and erosion and to retain or control sediment on land during land disturbing activities. 2. REGULATION. No person or political subdivision shall commence a land disturbing activity or the development or redevelopment of land, unless specifically exempted by Paragraph 7 below, without first obtaining a permit from the District that incorporates and approves an erosion and sediment control plan for the activity, development or redevelopment. 3. CRITERIA. Erosion and sediment control plans shall comply with the following criteria: (a) Natural site topography and soil conditions shall be used to control runoff and reduce erosion and sedimentation during construction and after completion of the land disturbing activity. (b) Erosion and sediment control measures shall be consistent with the standards of the General Permit Authorization to Discharge Stormwater Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program, Permit MN R100001 (NPDES General Construction Permit), issued by the Minnesota Pollution Control Agency, except where more specific requirements apply, including: (i) Phasing to minimize disturbed areas subject to erosion at any one time. (ii) Implementation of BMPs to minimize the discharge of sediment and other pollutants. (iii) Dewatering activities shall be discharged in a manner that does not cause nuisance conditions. (iv) Proper storage and disposal of all construction site projects, materials or wastes. (v) Site inspections and records of rainfall events. (vi) Proper maintenance of all BMPs. (vii) Management of solid and hazardous wastes on each project site (viii) Final stabilization upon completion of the construction activity (ix) Provisions for the use of temporary sediment basins to control runoff and provide treatment during construction, when applicable. (c) All erosion and sediment controls shall be installed before commencing the land disturbing activity, and shall not be removed without District approval or until the District has issued a certificate of completion pursuant to Paragraph 14 of Rule B. 4. EXHIBITS. The following exhibits shall accompany the permit application (one set full size, and two sets reduced to a maximum size of 11" x 17"): (a) An existing and proposed topographic map showing contours on and adjacent to the land, property lines, all hydrologic features, the proposed land disturbing activities, Surface Water Page 393 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 27 | P a g e and the locations of all runoff, erosion and sediment controls and soil stabilization measures. (b) Plans and specifications for all proposed runoff, erosion and sediment controls, dewatering methods, and temporary and permanent soil stabilization measures. (c) Detailed schedules for implementation of the land disturbing activity, the erosion and sediment controls, and soil stabilization measures. (d) Detailed description of the methods to be employed for monitoring, maintaining and removing the erosion and sediment controls, and soil stabilization measures. (e) Soil borings if requested by the District. (f) For projects over one acre of disturbed area, documentation that the permittee has applied for the NPDES General Construction Permit from the Minnesota Pollution Control Agency (MPCA) shall be submitted, in addition to the Stormwater Pollution Prevention Plan (SWPPP) prepared for the NPDES Permit. (g) Other project site-specific submittal requirements as may be required by the District. 5. CONSTRUCTION ACTIVITY REQUIREMENTS. Any activity subject to a permit under this Rule must conform to the standards of the NPDES General Construction Permit, as amended, regarding construction site erosion and sediment control. 6. INSPECTION. The permittee shall be responsible for inspection of all erosion and sediment control measures until final soil stabilization is achieved. 7. MAINTENANCE. The permittee shall be responsible for proper operation and maintenance of all erosion and sediment controls, and soil stabilization measures, in conformance with Best Management Practices and the requirements of the NPDES General Construction Permit, as amended. The permittee shall, at a minimum, inspect and maintain all erosion and sediment controls and soil stabilization measures daily during construction, weekly thereafter until vegetative cover is established, and after every rainfall event exceeding 0.5 inches. 8. SECURITY. Any bond or other security required in accordance with Rule L shall be maintained until final soil stabilization and removal of erosion and sediment controls, and the payment of all fees and other amounts due the District. 9. EXCEPTIONS. No permit or erosion control plan shall be required under this Rule for the following land disturbing activities: (a) Minor land disturbing activities such as home gardens, repairs and maintenance work. (b) Construction, installation and maintenance of individual sewage treatment systems. (c) Construction, installation and maintenance of public utility lines or individual service connections unless the activity disturbs more than one acre, in which event Paragraph 7(e) below shall apply. (d) Construction of any structure on an individual parcel in a subdivision with an erosion and sediment control plan approved by the District, so long as any land disturbing activity complies with the approved plan. (e) Development and redevelopment of, or construction of a structure on, an individual Surface Water Page 394 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 28 | P a g e parcel with a land disturbing activity that does not cause off-site erosion, sedimentation, flooding or other damage, and disturbs: (i) In the shoreland protection zone, an area less than 10,000 square feet; provided that, if a municipality or county with jurisdiction has adopted an ordinance requiring stormwater management consistent with this Rule E that also regulates the activity, such ordinance shall govern the activity, and the exempt area shall increase from 10,000 square feet to one acre (at which point this Rule shall apply in addition to the municipal or county regulation); or (ii) Outside of the shoreland protection zone, an area of less than one acre. (f) Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles. (g) Emergency activity necessary to protect life or prevent substantial harm to persons or property. (h) All land disturbing activities not required by this Rule to obtain a permit or have an approved erosion and sediment control plan shall nevertheless be conducted in full compliance with Rule C. All drainage alterations not required by this Rule to obtain a permit shall nevertheless be conducted in full compliance with Rule C. Surface Water Page 395 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 29 | P a g e RULE F - FLOODPLAIN ALTERATION 1. POLICY. It is the policy of the managers to: (a) Preserve existing water storage capacity below the 100-year critical flood elevation on all waterbodies in the District to minimize the frequency and severity of high water. (b) Minimize development in the floodplain which will unduly restrict flood flows or aggravate known high water problems. (c) Require compensatory storage for unavoidable floodplain fill. 2. REGULATION. No person or political subdivision shall alter or fill land below the 100-year critical flood elevation of any public waters, public waters wetland or other wetland without first obtaining a permit from the District. 3. CRITERIA. (a) Floodplain alteration or filling shall not cause a net decrease in flood storage capacity below the projected 100-year critical flood elevation unless it is shown that the proposed alteration or filling, together with the alteration or filling of all other land on the affected reach of the waterbody to the same degree of encroachment as proposed by the applicant, will not cause high water or aggravate flooding on other land and will not unduly restrict flood flows. (b) All new structures shall be constructed with the low floor at a minimum of two feet above the 100-year critical flood elevation. (c) A land disturbing activity within a floodplain may require a District permit under Rules D and E. (d) An activity that alters or fills a wetland within a floodplain may require a permit under Rule G. 4. EXHIBITS. The following exhibits shall accompany the permit application (one set full size, and two sets reduced to a maximum size of 11" x 17"): (a) Site plan showing boundary lines, delineation and existing elevation contours of the work area, ordinary high water level, and 100-year critical flood elevation. All elevations shall be referenced to NGVD, 1929 datum. (b) Grading plan showing any proposed elevation changes. (c) Preliminary plat of any proposed subdivision. (d) Determination by a registered professional engineer of the 100-year critical flood elevation before and after the proposed activity. (e) Computation of the change in flood storage capacity as a result of the proposed alteration or fill. (f) Erosion control and sediment plan which complies with Rule E. (g) Soil boring results if available. 5. EXCEPTIONS. If a municipality or county has adopted a floodplain ordinance which prescribes an allowable degree of floodplain encroachment, the applicable ordinance shall govern the allowable degree of encroachment and no permit will be required under this Rule Surface Water Page 396 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 30 | P a g e RULE G - WETLAND ALTERATION 1. POLICY. It is the policy of the managers to: (a) Achieve no net loss in the quantity, quality and biological diversity of wetlands in the District. (b) Increase the quantity, quality and biological diversity of wetlands in the District by restoring or enhancing diminished or drained wetlands. (c) Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality and biological diversity of District wetlands as determined using the Minnesota Routine Assessment Method (MnRam) for Evaluating Wetland Functions Version 2.0. (d) Replace affected wetlands where avoidance is not feasible and prudent. 2. REGULATION. No person or political subdivision shall drain, fill, excavate or otherwise alter a wetland without first obtaining the approval of a wetland replacement plan from the local government unit with jurisdiction over the activity. 3. CRITERIA. (a) Any drainage, filling, excavation or other alteration of a wetland shall be conducted in compliance with Minnesota Statutes, section 103G.245, the wetland conservation act, and regulations adopted thereunder. (b) A wetland may be used for stormwater storage and treatment only if the use will not adversely affect the function and public value of the wetland as determined by the local government unit. (c) Other activities which would change the character of a wetland shall not diminish the quantity, quality or biological diversity of the wetland. (d) A land disturbing activity within a wetland may require a District permit under Rules D and E. (e) An activity within a wetland that alters or fills a floodplain may require a District permit under Rule F. 4. LOCAL GOVERNMENT UNIT. The District intends to serve as the local government unit for administration of the wetland conservation act, unless a particular municipality in the District has elected to assume that role in its jurisdictional area. Surface Water Page 397 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 31 | P a g e RULE H - BRIDGE AND CULVERT CROSSINGS 1. POLICY. It is the policy of the managers to regulate crossings of watercourses for driveways, roads and utilities to maintain channel profile stability and conveyance capacity. 2. REGULATION. No person or political subdivision shall construct, improve, repair or alter a driveway, road or utility across the Prior Lake outlet channel or a watercourse with a tributary area in excess of 100 acres without first obtaining a permit from the District. 3. CRITERIA. Crossings shall: (a) Retain adequate hydraulic capacity, which for any crossing over the Prior Lake outlet channel shall be based on the hydraulic model for the outlet channel. (b) Retain adequate navigational capacity. (c) Not adversely affect water quality. (d) Represent the "minimal impact" solution to a specific need with respect to all reasonable alternatives. (e) Allow for future erosion, scour, and sedimentation considerations. (f) Require a permit under Rules D and E if part of a land disturbing activity or subdivision. 4. EXHIBITS. The following exhibits shall accompany the permit application (one set full size, and two sets reduced to a maximum size of 11" x 17"): (a) Construction plans and specifications. (b) Analysis prepared by a registered professional engineer showing the effect of the project on hydraulic capacity and water quality. (c) An erosion and sediment control plan which complies with Rule E. 5. MAINTENANCE. (a) The maintenance, reconstruction and stabilization of any public crossing shall be the responsibility of the political subdivision with jurisdiction over the crossing. (b) The maintenance, reconstruction and stabilization of any private crossing shall be the responsibility of the owner of the crossing. (c) If a crossing over the Prior Lake outlet channel is determined by the District to be causing significant erosion of the outlet channel cross-section or profile, the District may order the owner of the crossing to make necessary repairs or modifications to the crossing and outlet channel. If the owner of the crossing fails to make the necessary repairs or modifications after notice from the managers, the District may repair, modify or remove the crossing or repair or modify the outlet channel. The owner shall pay the cost of the District to repair, modify or remove the crossing and outlet channel within 10 days after issuance of a statement by the District. The amounts payable to the District under this Rule H shall be collectable in the same manner as fees under Rule K. (d) As a condition to the approval of a permit under this Rule H, the District may require the applicant and owner to enter into a compliance agreement with the District. Surface Water Page 398 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 32 | P a g e RULE I - DRAINAGE ALTERATIONS 1. POLICY. It is the policy of the managers that surface water may be drained only in a manner which does not unreasonably burden upstream or downstream land. 2. REGULATION. No person or political subdivision shall artificially drain surface water, nor obstruct or redirect the natural flow of runoff, so as to affect a drainage system established under Minnesota Statutes, chapter 103E, or the public health and general welfare of the District, without first obtaining a permit from the District. 3. CRITERIA. The applicant for a drainage alteration shall: (a) Describe the overall environmental impact of the proposed drainage alteration and demonstrate that: (i) There is a reasonable necessity for such drainage alteration; (ii) Reasonable care has been taken to avoid unnecessary injury to upstream and downstream land; (iii) The utility or benefit accruing to the land on which the drainage will be altered reasonably outweighs the gravity of the harm resulting to the land receiving the burden; and (iv) The drainage alteration is being accomplished by reasonably improving and aiding the normal and natural system of drainage according to its reasonable carrying capacity, or in the absence of a practicable natural drain, a reasonable and feasible artificial drainage system is being adopted. (b) Provide a hydraulic design which complies with Rules F and G, and if the alteration involves a landlocked basin, the alteration must comply with Rule D3(f) for outlets from landlocked basins. (c) Provide a stable channel and outfall. (d) Obtain a permit under Rules D and E if the drainage alteration is part of a land disturbing activity or a development or redevelopment of land. 4. EXHIBITS. The following exhibits shall accompany the permit application (one set full size, and two sets reduced to a maximum size of 11" x 17"): (a) Map showing location of proposed alteration and tributary area. (b) Existing and proposed cross sections and profile of affected drainage area. (c) Description of bridges or culverts required. (d) Narrative and calculations verifying compliance with Paragraph 3(a) and 3(b) above. 5. EXCEPTIONS. (a) No permit shall be required under this Rule for the alteration of drainage in connection with the use of land for agricultural activities. (b) The managers may waive the requirement of Paragraph 4(d) above if the applicant submits easements or other documentation in form acceptable to the District evidencing the consent of the owner of any burdened land to the proposed alteration. Such easements or other documentation shall be filed for record and evidence thereof Surface Water Page 399 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 33 | P a g e submitted to the District. (c) All drainage alterations not required by this Rule to obtain a permit shall nevertheless be conducted in full compliance with Rule C. Surface Water Page 400 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 34 | P a g e RULE J - BUFFER STRIPS 1. POLICY: Natural vegetation around watercourses and wetlands is integral to maintaining the water quality and ecological functions these resources provide. Vegetative buffers reduce the impact of surrounding development and land use on watercourse and wetland functions by stabilizing soil to prevent erosion, filtering sediment from runoff, and moderating water level fluctuations during storms. Buffers provide essential habitat for wildlife. Requiring buffers recognizes that watercourse and wetland quality and function are related to the surrounding upland. 2. DEFINITIONS: For the purposes of this Rule J, unless the context otherwise requires, the following words and terms shall have the meanings set forth below. Words and terms not defined in this Rule shall have the meanings set forth in Rule A. Buffer Strip - an area of natural, unmaintained, vegetated ground cover abutting or surrounding a watercourse or wetland. Watercourse - any natural or improved stream, river, creek, ditch (including Scott County Ditch 13), channel or other waterway with a tributary area in excess of 50 acres. Wetland - any wetland as defined in Minnesota Statutes, section 103G.005, subdivision 19; and any public waters wetland as defined in Minnesota Statutes, section 103G.005, subdivision 15a. 3. GENERAL PROVISIONS: (a) This Rule shall apply to all lands containing watercourses or wetlands and lands within the buffer strips required by this Rule. Watercourses and wetlands shall be subject to the requirements established herein and other applicable federal, state and local ordinances and regulations. (b) This Rule does not apply to any wetland with a surface area equal to or less than the area of wetland impact allowed without replacement as de miminis under the Wetland Conservation Act. (c) An applicant shall determine whether any watercourse or wetland exists on land or within the applicable buffer strip on adjacent land, and shall delineate the boundary for any wetland on the land. An applicant shall not be required to delineate wetlands on adjacent property, but must review available information to estimate the wetland boundary. (d) Documentation identifying the presence of any watercourse or wetland on the applicant’s land, including wetland delineation and buffer strip vegetation evaluation, must be provided to the District with a permit application. (e) Wetland and buffer strip identifications and delineations shall be prepared in accordance with state and federal regulations. 4. STANDARDS: The following standards apply to all lands that contain or abut a watercourse or wetland: (a) Best management practices shall be followed to avoid erosion and sedimentation during land disturbing activities. (b) When a buffer strip is required the applicant shall, as a condition to issuance of a permit: (i) Submit to the District for its approval a conservation easement for protection of Surface Water Page 401 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 35 | P a g e approved buffer strips. The easement shall describe the boundaries of the watercourse or wetland and buffer strips, identify the monuments and monument locations, and prohibit any of the alterations set forth in Paragraph 5(e) below and the removal of the buffer strip monuments within the buffer strip or the watercourse or wetland; (ii) File the approved easement for record and submit evidence thereof to the District; and (iii) Install the wetland monumentation required by Paragraph 7 below. (c) All open areas within the buffer strip shall be seeded or planted in accordance with Paragraph 8 below. All seeding or planting shall be completed prior to removal of any erosion and sediment control measures. If construction is completed after the end of the growing season, erosion and sediment control measures shall be left in place and all disturbed areas shall be mulched for protection over the winter season. 5. BUFFER STRIPS. (a) For any parcel created or redeveloped after the effective date of this Rule J, a buffer strip shall be maintained around the perimeter of all watercourses or wetlands. The buffer strip provisions of this Rule shall not apply to any parcel of record as of the date of this Rule until such parcel is subdivided or redeveloped. The District does, however, strongly encourage the use of buffer strips on all parcels in the District. (b) Buffer strips shall be a minimum of 20 feet wide with an average width of 30 feet, measured from the ordinary high water level of the watercourse or wetland. (c) Buffer strips shall apply whether or not the watercourse or wetland is on the same parcel as a proposed development. (d) Buffer strip vegetation shall be established and maintained in accordance with Paragraph 8 below. Buffer strips shall be identified within each parcel by permanent monumentation in accordance with Paragraph 7 below. (e) Subject to Paragraph 5(f) below, alterations including building, storage, paving, mowing, plowing, introduction of noxious vegetation, cutting, dredging, filling, mining, dumping, grazing livestock, agricultural production, yard waste disposal or fertilizer application, are prohibited within any buffer strip. Noxious vegetation, such as European buckthorn, purple loosestrife and reed canary grass, may be removed as long as the buffer strip is maintained to the standards required by the District. Alterations would not include plantings that enhance the natural vegetation or selective clearing or pruning of trees or vegetation that are dead, diseased or pose similar hazards. (f) The following activities shall be permitted within any buffer strip, and shall not constitute prohibited alterations under Paragraph 5(e) above: (i) Use and maintenance of an unimproved access strip through the buffer, not more than 20 feet in width, for recreational access to the watercourse or wetland and the exercise of riparian rights; (ii) Placement, maintenance, repair or replacement of utility and drainage systems that exist on creation of the buffer strip or are required to comply with any subdivision approval or building permit obtained from the municipality or county, so long as any adverse impacts of utility or drainage systems on the function of the buffer Surface Water Page 402 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 36 | P a g e strip have been avoided or minimized to the extent possible; and (iii) Construction, maintenance, repair, reconstruction or replacement of existing and future public roads crossing the buffer strip, so long as any adverse impacts of the road on the function of the buffer strip have been avoided or minimized to the extent possible. 6. ALTERNATE BUFFER STRIPS. (a) Because of unique physical characteristics of a specific parcel, narrower buffer strips may be necessary to allow a reasonable use of the parcel; and in combination with other best management practices may provide equivalent water quality treatment performance. The District will permit an alternative buffer width if any one or more of the following conditions is met: (i) The proposed activity, development or redevelopment of land will not increase runoff volumes for the 5-year critical storm event, not including the 10-day snow melt event, that is discharged to the watercourse or wetland; or (ii) The applicant demonstrates that a combination of best management practices to be incorporated with the proposed activity, development or redevelopment of land will provide storm water quality treatment performance equivalent to a 30-foot buffer; or (iii) The dominant wetland type, as determined by methods acceptable under the Minnesota Wetland Conservation Act, is a low quality Type 1 or 2 Wet Meadow, where low quality is defined as having a highly impacted vegetative community such that reed canary grass comprises more than 40 percent cover, and/or European buckthorn, if present, comprises greater than 30 percent cover, and/or vegetation was frequently (at least three of the past five years) removed by cropping. (b) The use of alternative buffer strips will be evaluated as part of the review of a stormwater management plan under Rule D. Where alternative buffer strip standards are approved, the width of the buffer strips shall be established by the managers based on a minimum width of 16 feet. Alternative buffer strips must be in keeping with the spirit and intent of this Rule. The District may require maintenance agreements, restrictive covenants or easements, in form acceptable to the District, to cover best management practices used to justify the alternative standard, to assure maintenance in perpetuity and that best management practices continue to function as originally designed. 7. MONUMENTATION: A monument shall be required at each parcel line where it crosses a buffer strip and shall have a maximum spacing of 200 feet along the edge of the buffer strip. Additional monuments shall be placed as necessary to accurately define the edge of the buffer strip. A monument shall consist of a post and a buffer strip sign. The signs shall be obtained from the District and include warnings about disturbing or developing the buffer strip. The signs shall be 5 inch wide x 7 inch vertical, have a brown field with white lettering, and shall be securely mounted on a post to a minimum height of 4 feet above grade. 8. VEGETATION: (a) Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is required unless an applicant receives approval to replace such vegetation. A buffer strip has acceptable natural vegetation if it: Surface Water Page 403 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 37 | P a g e (i) Has a continuous, dense layer of perennial grasses that has been uncultivated or unbroken for at least 5 consecutive years; or (ii) Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for at least 5 consecutive years; or (iii) Contains a mixture of the plant communities described in Subparagraphs 8(a)(i) and (ii) above that has been uncultivated or unbroken for at least 5 years. (b) Notwithstanding the performance standards set forth in Paragraph 8(a), the managers may determine existing buffer strip vegetation to be unacceptable if: (i) It is composed of undesirable plant species including but not limited to common buckthorn, purple loosestrife, leafy spurge or noxious weeds; or (ii) It has topography that tends to channelize the flow of runoff; or (iii) For some other reason it is unlikely to retain nutrients and sediment. (c) Where buffer strips are not vegetated or have been cultivated or otherwise disturbed within 5 years of the permit application, such areas shall be replanted and maintained. The buffer strip plantings must be identified on the permit application. The buffer strip landscaping shall comply with the following standards: (i) Buffer strips shall be planted with a seed mix approved by MnDOT, NRCS or SWCD, with the exception of a one-time planting with an annual nurse or cover crop such as oats or rye. (ii) The seed mix shall be broadcast according to MnDOT, NRCS or SWCD specifications of the selected mix. The annual nurse or cover crop shall be applied at a minimum rate of 30 pounds per acre. The MnDOT or NRCS seed mix selected for permanent cover shall be appropriate for soil site conditions and free of invasive species. MnDOT, NRCS or SWCD approved mixtures appropriate for specific soil and moisture conditions can be used to meet these requirements. (iii) Native shrubs may be substituted for native forbs. All substitutions must be approved by the District. Such shrubs may be bare root seedlings and shall be planted at a minimum rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. (iv) Any groundcover or shrub plantings installed within the buffer strip are independent of any landscaping required elsewhere by the municipality or county. (v) Grasses and forbs shall be seeded or planted by a qualified contractor. The method of application shall be approved by the District prior to planting or seeding. (vi) No fertilizer shall be used in establishing new buffer strips, except on highly disturbed sites when necessary to establish acceptable buffer strip vegetation and then limited to amounts indicated by an accredited soil testing laboratory. (vii) All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or tackifier. (viii) Buffer strips (both natural and created) shall be protected by erosion and sediment control measures during construction in accordance with Rule E. The erosion and sediment control measures shall remain in place until the area crop is established. Surface Water Page 404 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 38 | P a g e (d) Buffer strip vegetation shall be established and maintained in accordance with the requirements found in this Paragraph 8. During the first two full growing seasons, the owner must replant any buffer strip vegetation that does not survive. The owner shall be responsible for reseeding and/or replanting if the buffer strip changes at any time through human intervention or activities. At a minimum the buffer strip must be maintained as a “no mow” area. Surface Water Page 405 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 39 | P a g e RULE K - FEES 1. POLICY. The managers find that it is in the public interest to require applicants to pay the cost of administering and reviewing permit applications, and inspecting approved activities to assure compliance with these Rules, rather than using the District’s annual administrative levy for such purposes. 2. APPLICATION. Each application for the issuance, transfer or renewal of a permit under these Rules shall be accompanied by an application fee of $10.00 to defray the cost of recording and processing the application. 3. REVIEW. An applicant for the issuance, transfer or renewal of a permit under these Rules shall pay a review fee equal to the actual cost of the District for the review and analysis of the proposed activity, including services of engineering, legal and other consultants. The District may require a deposit based on a good faith estimate of the cost to review an application at the time of filing. The review fee shall be payable upon issuance of a statement after consideration of the application by the managers. No permit may be issued until the review fee has been paid. 4. INSPECTION. A permitee shall pay a field inspection fee equal to the actual cost of the District for field inspections and subsequent monitoring of the permitted activity, including services of engineering, legal and other consultants. The District may require a deposit based on a good faith estimate of the cost to inspect and monitor a proposed activity at the time the application is filed. Additional field inspection fees shall be payable within 10 days after issuance of a statement if continued inspection and monitoring of an activity is required. A permit may be revoked, or a certificate of completion withheld, if the field inspection fee is not fully paid. 5. FAILURE TO OBTAIN PERMIT. Any person or political subdivision performing any activity for which a permit is required under these Rules without having first obtained a permit from the District, shall pay, in addition to such fines, court costs or other amounts as may be payable by law as a result of such violation, a field inspection fee equal to the actual cost of the District for field inspections, monitoring and investigation of such activity, including services of engineering, legal and other consultants. The field inspection fee shall be payable within 10 days after issuance of a statement by the District. No permit shall be issued for the activity if there are any unpaid field inspection fees or other outstanding violations of these Rules. 6. RECOVERY. The fees provided for in these Rules may be recovered by the District in any legal proceeding authorized by law. 7. AGENCIES EXEMPT. The fees in Paragraphs 2, 3 and 4 above shall not be charged to the federal government, the state, or a political subdivision. Surface Water Page 406 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 40 | P a g e RULE L - SECURITY 1. POLICY. It is the policy of the managers to protect and conserve water resources by requiring a bond or other security to assure compliance with these Rules. 2. REQUIREMENT. The managers may require a deposit of cash, a performance bond, an irrevocable letter of credit or other security with the District as a condition to the issuance of a permit under these Rules. 3. AMOUNT. The amount of the security shall be set by the managers as the amount the managers deem necessary to cover the following potential liabilities to the District: (a) Post permit field inspection, monitoring and related fees authorized under Minnesota Statutes, section 103D.345; (b) The cost of maintaining and implementing erosion and sediment control required by the permit; (c) The cost of completing buffer strip landscaping in accordance with Paragraph 10(a) of Rule J; and (d) The cost of remedying damage resulting from noncompliance with the permit or these Rules or for which the permittee is otherwise responsible. 4. FORM AND CONDITIONS. (a) A performance bond or letter of credit must be in a form acceptable to the District and from a bank or surety licensed to do business in Minnesota. (b) The security shall be in favor of the District and conditioned upon the applicant’s performance of the authorized activity in compliance with the permit and applicable laws, including these Rules, and the payment when due of any fees or other charges authorized or required by the permit, and these Rules. (c) The security shall be issued for a minimum term of one year. Security with a shorter term may be deposited with the District provided it is replaced at least 30 days before its expiration. (d) The District shall be authorized to make a claim or draw against the security after any default by the permittee under the permit or these Rules, or if the permittee fails to replace any security at least 30 days before its expiration. 5. POLITICAL SUBDIVISIONS. The general contractor for activities of a political subdivision shall provide any security required by the permit and these Rules. 6. RELEASE. Any security may be released by the District pursuant to Paragraph 14 of Rule B. Surface Water Page 407 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 41 | P a g e RULE M - VARIANCES 1. WHEN AUTHORIZED. The managers may grant variances from the literal provisions of these Rules. A variance shall only be granted when in harmony with the general purpose and intent of the Rules in cases where strict enforcement of the Rules will cause undue hardship, and when the terms of the variance are consistent with the District’s water resources management plan and Minnesota Statutes, chapter 103D. 2. HARDSHIP. “Hardship” as used in connection with the granting of a variance means the land in question cannot be put to a reasonable use if used under the conditions allowed by these Rules; the plight of the applicant is due to circumstances unique to the land and not created by the applicant; and the variance, if granted, will not adversely affect the essential character of the locality and other adjacent land. Economic considerations alone shall not constitute a hardship if a reasonable use for the land exists under the terms of these Rules. Conditions may be imposed in the granting of a variance to insure compliance and to protect adjacent land and the public health and general welfare of the District. 3. PROCEDURE. An application for a variance shall describe the practical difficulty or particular hardship claimed as the basis for the variance. The application shall be accompanied with such surveys, plans, data and other information as may be required by the managers to consider the application. 4. TERM. A variance shall expire one year after it is granted, unless used by the applicant within the one-year period. 5. VIOLATION: A violation of any condition imposed in the granting of a variance shall be a violation of these Rules and shall automatically terminate the variance. Surface Water Page 408 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 42 | P a g e RULE N - APPEALS 1. INTERESTED PARTY. For the purposes of this Rule N, “interested party” means a person or political subdivision with an interest in the pending subject matter. 2. APPEALS. An interested party may appeal a rule, permit decision or order made by the managers by a declaratory judgment action brought under Minnesota Statutes, Chapter 555. 3. PROCEDURES. The decision on appeal must be based on the record made in the proceeding before the managers. An appeal of a permit decision or order must be filed within 30 days of the managers’ decision. Surface Water Page 409 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 43 | P a g e RULE O - ENFORCEMENT 1. MISDEMEANOR. A violation of these Rules, a stipulation agreement made or permit or order issued by the managers pursuant to these Rules, is a misdemeanor subject to a penalty as provided by law. 2. ACTIONS. The District may exercise all powers conferred upon it by Minnesota Statutes, chapter 103D, in enforcing these Rules, or a stipulation agreement made or permit or order issued by the managers under these Rules, including criminal prosecution, injunction, or an action to compel performance, restoration or abatement, or other appropriate action. 3. ADMINISTRATIVE ORDER. The District may issue a cease and desist order when it finds that a proposed or initiated activity or project presents a serious threat of flooding, erosion, sedimentation, an adverse effect upon water quality, or otherwise violates these Rules. 4. ATTORNEYS’ FEES AND COSTS. In any civil action arising from or related to these Rules, an order or a stipulation agreement made or a permit issued or denied by the managers under these Rules, the court may award the prevailing party reasonable attorneys’ fees and costs. Surface Water Page 410 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 44 | P a g e RULE P – Illicit Discharge 1. POLICY. It is the policy of the managers to prohibit illicit discharges to the Prior Lake Outlet Channel. 2. DEFINITIONS: For the purposes of this Rule P, unless the context otherwise requires, the following words and terms shall have the meanings set forth below. Words and terms not defined in this Rule shall have the meanings set forth in Rule A. Illicit Connection – an illicit connection is defined as either of the following: 1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 system, including, but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the system and any connections to the system from indoor drains and sinks, regardless of whether said drain or connection has been previously allowed, permitted, or approved by political subdivision. 2. Any drain or conveyance connected from a commercial or industrial land use to the MS4 system that has not been documented in plans, maps, or equivalent records and approved by a political subdivision. Illicit Discharge – any discharge to the MS4 that is not composed entirely of stormwater except discharges pursuant to a NPDES permit (other than NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from firefighting activities. Non-Stormwater Discharge – any discharge to the MS4 system that is not composed entirely of stormwater. Pollutant - Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Stormwater – means stormwater runoff, snow melt runoff, and surface runoff and drainage (Minn. R. 7090.0080, subp.12.). 3. REGULATION. (a) No person or political subdivision shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the Prior Lake Outlet Channel any pollutants or waters containing any pollutants, other than stormwater, unless specifically exempted by Paragraph 3 below. (b) The construction, use, maintenance or continued existence of illicit connections to the Prior Lake Outlet Channel is prohibited. (i) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law, rule, or practices applicable or prevailing at the time of connection. Surface Water Page 411 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 45 | P a g e (ii) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the Prior Lake Outlet Channel, or allows such a connection to continue. (iii) Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system. (iv) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the District requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the District. 4. SUSPENSION OF MS4 ACCESS. The District may, without prior notice, suspend MS4 discharge access when such suspension is necessary: (a) Suspension due to Illicit Discharges in Emergency Situations. The District may, without prior notice, suspend MS4 discharge access when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the District’s MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the District may take such steps as deemed necessary to prevent or minimize damage to the District’s MS4 or Waters of the United States, or to minimize danger to persons or the environment. (b) Suspension due to the Detection of Illicit Discharge. Any person discharging to the District’s MS4 in violation of this Rule may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The District may issue an administrative order or pursue other enforcement action as provided in the District’s Rule O to compel performance, restoration, abatement, and other appropriate action. 5. MONITORING OF DISCHARGES. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity. (a) Access to Facilities. The District shall gain consent or obtain a search warrant to enter buildings subject to regulation under this Rule to determine compliance with this Rule. The discharger shall make the necessary arrangements to allow access to representatives of the District. (b) Access to Records. The District may examine and copy records that must be kept under the conditions of an NPDES Permit to discharge stormwater or that concern the performance of any duties as defined by state or federal stormwater laws. (c) If the District has been refused access to any part of the premises from which stormwater is discharged, then the District may seek issuance of a search warrant from any court of competent jurisdiction. Surface Water Page 412 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 46 | P a g e 6. WATERCOURSE PROTECTION. Every person owning property, through which a watercourse passes, 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 the use, function, or physical integrity of the watercourse. 7. NOTIFICATION OF SPILLS. It is the duty of every person to notify the District immediately of the discharge, accidental or otherwise, of any substance or material under its control which, if not recovered, may cause pollution of the Prior Lake Outlet Channel, and the responsible person shall recover as rapidly and as thoroughly as possible such substance or material and take immediately such other action as may be reasonably possible to minimize or abate pollution. 8. ENFORCEMENT. In addition to pursuing enforcement actions as provided in the District’s Rule O, the District may utilize the following measures to enforce the provisions of this rule: (a) Notice of Violation. Whenever the District finds that a person has violated a prohibition or failed to meet a requirement of this Rule, the District may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (i) The performance of monitoring, analysis and/or reporting; (ii) The elimination of illicit connections or discharges; (iii) That violating discharges, practices or operations will cease and desist; (iv) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; (v) Payment of District costs of administrative and remediation; (vi) The implementation of source control or treatment BMPs. (b) Enforcement Measures. If a violation is not corrected pursuant to the Notice of Violation and subsequent District order, the District may seek enforcement of the Rule requirements and/or order through criminal prosecution, injunction, action to compel performance, restoration, abatement, and other appropriate action. The District may avail itself of any and all measures necessary to abate the violation and/or restore the property. 9. EXCEPTIONS. The following materials may be discharged to the Prior Lake Outlet Channel operated by the District: (a) Stormwater from a Municipal Separate Storm Sewer System connected to the Prior Lake Outlet Channel operated by the District, as specified in the Joint Powers Agreement / Memorandum of Agreement that governs the operation of the Prior Lake Outlet Channel. (b) Discharges from public waters, including Prior, Pike, and Dean lakes. (c) The following minor discharges: Surface Water Page 413 PLSLWD PERMIT HANDBOOK – OCTOBER 2015 47 | P a g e (i) Water line flushing (ii) Landscape irrigation (iii) Diverted stream flows (iv) Rising ground waters (v) Uncontaminated ground water infiltration (vi) Uncontaminated pumped ground water (vii) Discharges from potable water sources (viii) Foundation drains (ix) Air conditioning condensation (x) Irrigation water (xi) Springs (xii) Water from crawl space pumps (xiii) Footing drains (xiv) Lawn watering (xv) Individual residential car washing (xvi) Flows from riparian habitats and wetlands (xvii) Dechlorinated swimming pool discharges (xviii) Street wash water (d) 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 a permit has been received from the District under all applicable rules. (e) Discharges or flow from firefighting, and other discharges specified in writing by the Prior Lake Watershed District as being necessary to protect public health and safety. (f) Dye testing is an allowable discharge, but requires a verbal notification to the District prior to the time of the test. Surface Water Page 414 Appendix 3 List of Forms You may copy forms 1, 7 or 11 for submittals you make, including an application. The other forms will be provided later to a permit applicant or initiated by the District. Form 1: Permit Application Form (2 pages) This is the “cover sheet” for all the application materials submitted. Form 2: Notice of Completeness or Incompleteness When the District receives an application, the applicant will be notified regarding the completeness and adequacy of the information submitted. The applicant will likely be required to submit additional information. Form 3: Review of Permit Application Once District Staff does a review, it will be prepared in this format by District Staff for the Board’s consideration. Form 4: Permit Application Status Notice After the Board has considered an application, a Status Notice will be sent out to summarize the Board’s action and any additional information required. Form 5: Permit - two pages; 5.1, 5.2. The actual permit will include these 2 pages. Form 6: Log of Activities. Suggested format to keep track of your erosion and sediment control activities. Form 7: Inspection Report At various times during the construction and/or operation of the permitted activity, the District will inspect the site for compliance with: a) the permit, b) the approved plan, and c) minimum standards for the protection of water quality and the environment. Note: The following forms 8, 9, and 10 are preceded by an information sheet entitled “Required Information & Procedures” for Buffer Strips or Infiltration facilities, if required. You may obtain electronic copies of these forms from the District or you may create them yourself using the same language and inserting your project-specific information. Form 8: Declaration and Acceptance of Conservation Easement (version A) For Buffer Strips Form 9: Declaration and Acceptance of Conservation Easement (version B) For Buffer Strips. A3-1 Surface Water Page 415 Form 10: Development Agreement – for Infiltration Form 11: Permit Renewal or Transfer Application If an application has expired, is to be extended, renewed or transferred, this form should be used as the cover sheet for the information submitted. Form 12: Certificate of Completion Once a permitted project or activity is complete, the permittee is to complete and submit this form to the District. This will trigger a final inspection and, if there are no outstanding requirements, the District will: a) Terminate the permit, b) Send you the finalized Certificate of Completion, and c) Close the file. A3-2 Surface Water Page 416 Prior Lake - Spring Lake Watershed District (PLSLWD) 4646 Dakota Street SE, Prior Lake, MN 55372, 952-447-4166 PROJECT NAME APPLICATION #: (to be assigned) Name of Owner - Applicant Phone #: Owner's Agent/Engineer: Fax #:Name Address of Owner - Applicant (Street, City, State, Zip Code)Phone E-mail Project Location (Township, Range, Section), PIDs, and Address Owner's Contact: Name Project size (acres)Phone E-mail PERMIT CATEGORY (check applicable type(s)) Land Disturbance (C)Floodplain Alteration (F)Drainage Alteration (I) Stormwater Mgt (D)Wetland Alteration (G)Buffer Strips (J) Erosion & Sediment Ctrl (E) Bridge & Culvert Crossings (H) Other:__________________ PROJECT DESCRIPTION GENERAL CONDITIONS PLSLWD Form 1 (10/15) 6. By acceptance of the Permit, Permittee acknowledges and agrees to perform and be bound by all general and special terms and conditions of the Permit. 3. The Permittee shall provide the District with a Permit Fee Deposit in accordance with District requirements (see page 2). The Permit Fee Deposit will be held in escrow and used by the District to pay the actual costs incurred by the District, including engineering and legal fees, to process and review the Permit Application, to inspect and monitor the activities authorized by the Permit, and to ensure compliance with the District's rules. The Permittee shall fully pay all bills submitted to it by the District within seven days of receipt. Bills not so paid shall accrue interest at the rate of 8% per year. 4. The Permittee shall obtain such easements as may be required for construction of the Project and provide in the final plat for the Project utility and drainage easements acceptable to the District to protect all hydrologic features within the Project and to provide access for the maintenance of the stormwater management facilities to be constructed pursuant to the Permit. CONTINUED ON NEXT PAGE 5. To assure full compliance with the terms of the Permit, the Permittee shall deposit with the District a cash security or irrevocable letter of credit in a form and from a surety satisfactory to the District, in the amount specified under the Special Conditions of the Permit, once issued. Note to Applicant: use this as the cover sheet for your application materials. 1. The Permittee grants to the District, and its agents, employees, officers and contractors, a license to enter the Project to perform any inspections or work authorized by the Permit or any applicable law. This license shall expire after acceptance of the work by the District and issuance of a Certificate of Completion. 2. The Permittee shall indemnify, defend and hold the District and its agents, employees and officers harmless for all claims made by itself and third parties for damages or loss sustained or costs incurred, including engineering and attorneys' fees, as a result of issuance of the Permit or construction of the Project. PERMIT APPLICATION, PAGE 1 OF 2 Surface Water Page 417 PROJECT NAME APPLICATION #: (to be assigned) Permit Fee Deposit - to be paid with your application: Fill in amount here: A) Grading or Alteration: less than one acre ………………$500 1.0 to 4.99 acres ………….…….$1,000 5.0 to 19.9 acres ………………..$1,500 20 acres or more ……….………$2,000 B) Projects with Wetland or Flood Plain Areas $1,000 + C) Bridge or Culvert Crossing of a Waterbody or Ditch $1,500 per crossing + D) Drainage Alterations …………….……………………….$1,500 + Total Permit Fee Deposit due with application = Permit Fee Deposit information and conditions: Signature of Owner - Applicant Your Name - please print Date Submitted Application Received Permit Fee Deposit Amt Received (y/n)District Representative 3. Upon application approval, a separate permit security escrow shall be required from the applicant prior to permit issuance. 4646 Dakota Street SE, Prior Lake, MN 55372, 952-447-4166 4. Upon final completion of the project and the issuance of a Certificate of Completion by the District, the District shall return any unspent balance in the Permit Fee Deposit to the applicant, less a $10 application fee. The District does not pay interest on escrow deposits. I hereby apply under District Rule B for a permit to complete the proposed project in accordance with the information submitted with this Application and the District's Rules, and I agree to the conditions on page one and two of this application. Instructions: Calculate the required Permit Fee Deposit by totaling the amounts from items A through D below (as applicable). Include the Permit Fee Deposit with your application. Checks may be payable to the Prior Lake-Spring Lake Watershed District. 1. The Permit Fee Deposit will be held in escrow and used to pay the District's costs for reviewing the application and administering the permit (if approved), including staff costs, and engineering and legal fees. 2. If at any time the Permit Fee Deposit falls below 25% of the original amount, the District shall notify the applicant to replenish the fee deposit to the original amount. PERMIT APPLICATION, PAGE 2 OF 2 Prior Lake - Spring Lake Watershed District (PLSLWD) Surface Water Page 418 4646 Dakota Street SE, Prior Lake, MN 55372, 952-447-4166 NOTICE of COMPLETENESS or INCOMPLETENESS of APPLICATION PROJECT NAME: APPLICATION #: OWNER - APPLICANT: Telephone #: Fax #: Location Date Desribe documents needed in order for the Application to be complete: Other information pertinent to making the Application complete: List descriptions of any additional pages below: By: District Representative: Date: PLSLWD Form 2 (10/15) Surface Water Page 419 A3-6 Form 3 Surface Water Page 420 PROJECT NAME APPLICATION # : Name of Applicant Telephone #: Email: Address of Applicant STATUS OF PERMIT APPLICATION EXPLANATION FEES Initial Permit Fee Deposit -$ Review Costs: District Staff -$ Engineering -$ Legal -$ Postage -$ Total -$ Balance:-$ Replenish Fee Deposit: Security Due*: Total Due: Signature of District Representative Date 4646 Dakota Street SE, Prior Lake, MN 55372, 952-447-4166 STATUS of PERMIT APPLICATION The Permit Fee Deposit will be used for the actual costs incurred by the PLSLWD for review, inspections and compliance efforts,in accordance with the requirements of MN Stat. §103D.345, Subd. 2. If at any time during the project the Permit Fee Deposit falls below 25% of the original amount, the permittee must replenish the deposit to the original balance. Any unused balance of the Permit Fee Deposit will be returned once the PLSLWD Board determines that the permitted activity has been completed in accordance with the permit and the PLSLWD Rules. Permits for the approved project will be issued upon receipt of security fee due, as well as satisfaction of Condition #1 above. The contractor may pay the amount due by check, bank draft or money order made payable to the Prior Lake-Spring Lake Watershed District. Approved Approved with conditions Tabled Denied Surface Water Page 421 PROJECT NAME Name of Permittee Phone #: Email: Permittee's Address (Street, RFD, Box, City, State, Zip Code) Project Location (Township, Range, Section) and Address Project Legal Description (attach separate sheet if necessary) PERMIT CATEGORY (check applicable type(s)) Land Disturbance (C)Floodplain Alterations (F) Drainage Alteration (I) Stormwater Mgt (D)Wetland Alterations (G) Buffer Strips (J) Erosion & Sed Ctrl (E)Bridge/Culvert Crossings (H) Other:_______________ PROJECT DESCRIPTION Signature of District Representative Issuance Date EXPIRATION DATE PLSLWD Form 5.1 (10/15)1 Prior Lake - Spring Lake Watershed District (PLSLWD) 4646 Dakota Street SE, Prior Lake, MN 55372, 952-447-4166 PERMIT #______ Surface Water Page 422 GENERAL TERMS AND CONDITIONS OF PERMIT 1 All provisions of the Minnesota Watershed Act, Overall Plan and Rules of the District, and the General Conditions of the Permit Application are made part of this Permit by reference. 2 By acceptance of this Permit, Permittee acknowledges and agrees to perform and be bound by all General and Special Terms and Conditions of the issuance of this Permit. 3 Permittee shall obtain all necessary permits and approvals from other governmental entities with jurisdiction over the Project, including, but not limited to, the U.S. Army Corps of Engineers, Board of Water and Soil Resources, MN Department of Natural Resources, MN Pollution Control Agency, county, city and township. 4 Permittee shall construct the Project in accordance with the conditions of the Permit, applicable laws, ordinances and regulations of other governmental entities with jurisdiction over the Project, and the plans & specifications referenced in the Permit. 5 Permittee shall not modify the Project or the Plans without the prior approval of the District. 6 Permittee will indemnify, defend and hold the District harmless from any claims for injury or damage resulting directly or indirectly from the Project. 7 Before starting work on the Project, Permittee shall: (a) obtain any copies of any permits required by other governmental entities or agencies; (b) if required by the District (see Special Conditions), deposit with the District a financial security for an amount and on terms and conditions acceptable to the Board; and c) notify the District of the date it intends to begin the work so the work may be viewed in progress. 8 It is the responsibility of Permittee to provide all measures necessary to contain sediment on the site during construction. This may require the use of erosion control measures not outlined on the erosion control plan. If this requirement is not met, the Permittee may be ordered to provide additional erosion control measures if deemed necessary by the District Inspector. 9 Permittee grants to the District, and its agents, employees, officers and contractors, a license to enter the Project to perform any inspections or work authorized by the Permit or any applicable law. The license shall expire after acceptance of the work by the District and issuance of a Certificate of Completion. 10 A Request for Certificate of Completion (PLSLWD Form 12) shall be sent to the District within 10 days after completion of the Project so that a final inspection can be made to assure compliance with this Permit. 11 Temporary measures (such as silt fence for erosion control) shall be removed when such measures are no longer necessary. 12 If Project is not completed before the Permit expiration date, Permittee must apply for renewal. If work on the Project is under way, a time extension may be granted by the Board for good cause. Written request for a time extension is to be filed by the Permittee at least 30 days prior to the prior to the expiration date. Work is not permitted without a valid Permit. If the Permit expires prior to the granting of an the grant of an extension, the guidelines established for a new permit application must be followed. 13 Transfer of this Permit without plan changes may be administratively approved upon receipt of a Permit Fee Deposit and security from the transferee. Any outstanding fees under the initial Permit must be paid in full before a transfer. Transfers with plan changes must follow the guidelines established for a new permit application. 14 Failure to comply with this Permit may result in one or more of the enforcement actions, as specified in District Rule O. 15 If Permittee fails to comply with this Permit, District may, perform any work necessary or incidental to cure the default. The Permittee shall promptly upon demand reimburse District for any expense so incurred by the District, provided that the Permittee shall first be given at least 48 hours written notice by certified mail, return receipt requested, of the work in default and the requirements to cure the default. In the event of an emergency, as determined by District, the 48 hour notice requirement to Permittee may be waived, and the Permittee shall reimburse District for any expense so incurred in the same manner as if mailed notice has been given. 16 The District may draw against the security after any default by Permittee in performance under this Permit, or if Permittee fails to replace any security prior to 30 days of its expiration, or if any of the work or other obligations of Permittee under this Permit have not been completed at least 30 days prior to the expiration date specified on Page 1 of the Permit. All proceeds obtained from a draw on the shall be used to cure the defaults of the Permittee in performance of the Permit. 17 All notices required to be given shall be sent to the address specified on Page 1 of this Permit. 18 The District shall use the Permit Fee Deposit to pay for the actual costs incurred by the District to enforce this Permit, including court costs and reasonable engineering and attorney's fees. If at any time the Permit Fee Deposit falls below 25% of the original amount, the permittee must replenish the deposit to the original balance. PLSLWD Form 5.2 (10/15)2 4646 Dakota Street SE, Prior Lake, MN 55372, 952-447-4166 PERMIT #______ Surface Water Page 423 Project Name:PLSLWD Permit # : Location: ______________________________________________________________________________________ Notes / Activities / Problems / Maintenance Needed or Done: Date: Inspector: (any sketches or drawings - on reverse side or attach) _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ PLSLWD Form 6 (10/15) Page# ______ As a holder of a Permit issued by the Prior Lake-Spring Lake Watershed District, you are responsible for proper operation and maintenance of erosion and sediment controls and soil stabilization measures. Inspect and maintain these controls/measures daily during construction, weekly after vegetative cover is established, and after every rainfall exceeding 0.5 inch. Maintain a log of your operation/maintenance/inspection activities for inspection by the District. Copy and use this sheet, or equivalent, for your on-going log. Retain your log on file. Log of Activities -- Erosion & Sediment Control Surface Water Page 424 4646 Dakota Street SE, Prior Lake, MN 55372, 952-447-4166 PROJECT NAME : PERMIT #: Name of Owner - Applicant: CONTACT: Name: Phone: Email: Location: Date:Time: Inspected By: FINDINGS: List descriptions of additional pages attached (if any): ACTIONS NEEDED Send Letter Route to Engineer Advise Board Route to Attorney Advise City/Town of Draw on Surety Advise Refer for Prosecution PLSLWD Form 6 (10/15) INSPECTION REPORT Surface Water Page 425 About Forms 8-10 A3-12 Surface Water Page 426 A3-13 Surface Water Page 427 A3-14 Surface Water Page 428 Form 8 DECLARATION AND ACCEPTANCE OF CONSERVATION EASEMENT This Declaration is made this ____ day of _______________, 20___, by ______________________________________________________________________ (whether one or more the “Declarant”). RECITALS Declarant has obtained a permit from the Prior Lake-Spring Lake Watershed District (“Watershed District”) pursuant to its Rules (“Rules”) relating to the development of certain land (“Land”) in Scott County, Minnesota, described on the attached Exhibit A, and desires to establish a conservation easement under Minnesota Statutes, Chapter 84C, to create buffer strips around the perimeter of watercourses and wetlands within the Property as required by the Rules. DECLARATION NOW, THEREFORE, Declarant hereby declares that the portion of the Land described or depicted on the attached Exhibit B (“Easement Area”) shall be held, sold, conveyed and occupied subject to the following easements and restrictions (collectively the “Conservation Easements”), which shall be perpetual and run with the Land and bind each owner (“Owner”) and all other persons having any right, title or interest in the Land or any part thereof, their heirs, representatives, successors and assigns, and shall inure to the benefit of the Watershed District, and its successors and assigns. 1. INTENT. Declarant intends to permanently retain the Easement Area in its predominantly natural condition and prevent or remedy any subsequent activity or use that may significantly impair or interfere with its function as a buffer strip. 2. RESTRICTIONS. The following restrictions shall apply to the Easement Area: (a) The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation that are not indigenous or naturalized to the State of Minnesota shall be planted upon the Easement Area; and no trees, shrubs, or other vegetation shall be removed from the Easement Area without the prior written consent of the Watershed District. (b) Buffer strip vegetation shall be established and maintained within the Easement Area in accordance with the Rules. (c) Easement identification monuments (signs) must be placed and maintained at the boundaries of the Easement Area as required by the Rules. Removal of the monuments is prohibited. A3-15 Form 8 Surface Water Page 429 (d) Subject to Section 3 below, alterations including building, storage, paving, mowing, plowing, introduction of noxious vegetation, cutting, dredging, filling, mining, dumping, grazing livestock, agricultural production, yard waste disposal or fertilizer application, are prohibited within the Easement Area. Noxious vegetation, such as European buckthorn, purple loosestrife and reed canary grass, may be removed as long as the Easement Area is maintained to the standards required by the Rules. Alterations would not include plantings that enhance the natural vegetation or selective clearing or pruning of trees or vegetation that are dead, diseased or pose similar hazards. 3. AUTHORIZED USES. The following activities shall be permitted within the Easement Area, and shall not constitute prohibited alterations under Paragraph 2(d) above: (a) Use and maintenance of an unimproved access strip through the Easement Area, not more than 20 feet in width, for recreational access to the watercourse or wetland and the exercise of riparian rights. (b) Placement, maintenance, repair or replacement of utility and drainage systems that exist on creation of the Conservation Easements or are required to comply with any subdivision approval or building permit obtained from the municipality or county, so long as any adverse impacts of utility or drainage systems on the function of the Conservation Easements have been avoided or minimized to the extent possible. (c) Construction, maintenance, repair, reconstruction or replacement of existing and future public roads crossing the Easement Area, so long as any adverse impacts of the road on the function of the Conservation Easements have been avoided or minimized to the extent possible. 4. ENTRY. The Watershed District, and its agents, employees, officers and contractors, may enter the Land (but not any structure or improvements) at reasonable times to monitor subsequent activities and uses, perform work, and enforce this Declaration. The Watershed District shall give reasonable prior notice to the Owner of all such entries and shall not unreasonably interfere with the Owner’s use and quiet enjoyment of the Land. This Declaration grants no right of access or entry on the Land to the general public. 5. COSTS AND FEES. The Owner shall reimburse the Watershed District for all costs incurred in the enforcement of this Declaration, including Watershed District staff and engineering and attorneys’ fees. The Owner shall fully pay all invoices submitted by the Watershed District for obligations incurred under this Declaration within 7 days after receipt. Amounts not so paid shall accrue interest at the rate of 8 percent per year. 6. MISCELLANEOUS. (a) Unless the context otherwise requires, references in this Declaration to the Rules adopted by the Watershed District include amendments and revisions to the Rules. (b) Each Owner, including Declarant, and each successor record owner of the Land shall be fully discharged and relieved of liability under this Declaration upon ceasing to own any interest in the Land and paying all amounts and performing all obligations hereunder to the time such ownership terminates. (c) This Declaration may be amended by the Declarant or any subsequent Owner, with the written consent of the Watershed District. (d) Enforcement of this Declaration shall be by proceedings at law or in equity against any person violating or attempting to violate these restrictions either to restrain the violation or to recover damages. The failure to enforce any of the restrictions shall not be deemed to be a waiver of the right to do so thereafter. A party seeking enforcement of this Declaration shall be entitled to recover from the party violating the restrictions, reimbursement for all costs and expenses of litigation including reasonable attorneys’ fees and other costs incurred in attempting to secure such relief. (e) Invalidation of any provision of this Declaration shall not affect the remaining provisions, which shall continue in full force and effect. A3-16 Form 8 Surface Water Page 430 Declarant’s Signature________________________________ Declarant’s Printed Name. ________________________________ STATE OF MINNESOTA) )ss. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of _______________, 20___, by _____________________________________________ ______________________________________________________________________. _____________________________ Notary Public ACCEPTANCE The Watershed District hereby accepts the foregoing Conservation Easements pursuant to Minnesota Statutes, Section 84C.02, on this _____ day of __________, 20__. PRIOR LAKE - SPRING LAKE WATERSHED DISTRICT By ______________________________________ Its_______________ STATE OF MINNESOTA ) )SS COUNTY OF __________) The foregoing instrument was acknowledged before me this ____ day of ________, 20__, by __________, the ________ of the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, a political subdivision under Minnesota law, on its behalf. _____________________________________ Notary Public This instrument was drafted by: _________________________ _________________________ A3-17 Form 8 Surface Water Page 431 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [Insert legal description of Property] EXHIBIT B LEGAL DESCRIPTION OF EASEMENT AREA [Insert legal description of Easement Area] A3-18 Form 8 Surface Water Page 432 CONSENT OF MORTGAGEE TO DECLARATION The undersigned, _________________________, the holder of a mortgage filed as document ____________, as assigned by document ____________, hereby consents and subordinates its right, title and interest in the premises to the Declaration and Acceptance of Conservation Easement, dated ____________, 20___, filed for record on ____________, 20___, as document ____________. EXECUTED IN WITNESS HEREOF on this ____ day of ____________, 20___. ____________________________ BY____________________________ ITS ______________________ AND __________________________ ITS ____________________ STATE OF ____________) )ss. COUNTY OF __________) The foregoing instrument was acknowledged before me this ____ day of ____________, 20___, by _________________________ and _________________________, the ____________________ and ____________________, respectively, of _________________________, a ____________________ banking corporation, on its behalf. ______________________________ Notary Public This instrument was drafted by: _________________________ _________________________ _________________________ 070902 A3-19 Form 8 Surface Water Page 433 Form 9 DECLARATION AND ACCEPTANCE OF CONSERVATION EASEMENT This Declaration is made this ____ day of _______________, 20___, by ________________________________, ________________ (whether one or more, the “Declarant”). RECITALS Declarant has applied for a permit (Applic #___.___) from the Prior Lake-Spring Lake Watershed District (“Watershed District”) pursuant to its Rules (“Rules”) relating to the development of certain land (“Land”) in Scott County, Minnesota, platted or soon to be platted as ___________________ (“Plat”) according to the plat thereof, recorded or soon to be recorded with Scott County, Minnesota. Declarant desires to establish a conservation easement under Minnesota Statutes, Chapter 84C, to create buffer strips around the perimeter of watercourses and wetlands within the Land as required by the Rules. DECLARATION NOW, THEREFORE, Declarant hereby declares that the portion of the Land described or depicted as “Conservation Buffer Easement” on the Plat (“Easement Area”) shall be held, sold, conveyed and occupied subject to the following easements and restrictions (collectively the “Conservation Easements”), which shall be perpetual and run with the Land and bind each owner (“Owner”) and all other persons having any right, title or interest in the Land or any part thereof, their heirs, representatives, successors and assigns, and shall inure to the benefit of the Watershed District, and its successors and assigns. 1. INTENT. Declarant intends to permanently retain the Easement Area in its predominantly natural condition and prevent or remedy any subsequent activity or use A3-20 Form 9 Surface Water Page 434 that may significantly impair or interfere with its function as a buffer strip. 2. RESTRICTIONS. The following restrictions shall apply to the Easement Area: (a) The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation that are not indigenous or naturalized to the State of Minnesota shall be planted upon the Easement Area; and no trees, shrubs, or other vegetation shall be removed from the Easement Area without the prior written consent of the Watershed District. (b) Buffer strip vegetation shall be established and maintained within the Easement Area in accordance with the Rules. (c) Easement identification monuments must be placed and maintained at the boundaries of the Easement Area as required by the Rules. Removal of the monuments is not allowed. (d) Subject to Section 3 below, alterations including building, storage, paving, mowing, plowing, introduction of noxious vegetation, cutting, dredging, filling, mining, dumping, grazing livestock, agricultural production, yard waste disposal or fertilizer application, are prohibited within the Easement Area. Noxious vegetation, such as European buckthorn, purple loosestrife and reed canary grass, may be removed as long as the Easement Area is maintained to the standards required by the Rules. Alterations would not include plantings that enhance the natural vegetation or selective clearing or pruning of trees or vegetation that are dead, diseased or pose similar hazards. 3. AUTHORIZED USES. The following activities shall be permitted within the Easement Area, and shall not constitute prohibited alterations under Paragraph 2(d) above: (a) Use and maintenance of an unimproved access strip through the Easement Area, not more than 20 feet in width, for recreational access to the watercourse or wetland and the exercise of riparian rights. (b) Placement, maintenance, repair or replacement of utility and drainage systems that exist on creation of the Conservation Easements or are required to comply with any subdivision approval or building permit obtained from the municipality or county, so long as any adverse impacts of utility or drainage systems on the function of the Conservation Easements have been avoided or minimized to the extent possible. (c) Construction, maintenance, repair, reconstruction or replacement of existing and future public roads crossing the Easement Area, so long as any adverse impacts of the road on the function of the Conservation Easements have been avoided or minimized to the extent possible. 4. ENTRY. The Watershed District, and its agents, employees, officers and contractors, may enter the Land (but not any structure or improvements) at reasonable times to monitor A3-21 Form 9 Surface Water Page 435 subsequent activities and uses, perform work, and enforce this Declaration. The Watershed District shall give reasonable prior notice to the Owner of all such entries and shall not unreasonably interfere with the Owner’s use and quiet enjoyment of the Land. This Declaration grants no right of access or entry on the Land to the general public. 5. COSTS AND FEES. The Owner shall reimburse the Watershed District for all costs incurred in the enforcement of this Declaration, including Watershed District staff and engineering and attorneys’ fees. The Owner shall fully pay all invoices submitted by the Watershed District for obligations incurred under this Declaration within 7 days after receipt. Amounts not so paid shall accrue interest at the rate of 8 percent per year. 6. MISCELLANEOUS. (a) Unless the context otherwise requires, references in this Declaration to the Rules adopted by the Watershed District include amendments and revisions to the Rules. (b) Each Owner, including Declarant, and each successor record owner of the Land shall be fully discharged and relieved of liability under this Declaration upon ceasing to own any interest in the Land and paying all amounts and performing all obligations hereunder to the time such ownership terminates. (c) This Declaration may be amended by the Declarant or any subsequent Owner, with the written consent of the Watershed District. (d) Enforcement of this Declaration shall be by proceedings at law or in equity against any person violating or attempting to violate these restrictions either to restrain the violation or to recover damages. The failure to enforce any of the restrictions shall not be deemed to be a waiver of the right to do so thereafter. A party seeking enforcement of this Declaration shall be entitled to recover from the party violating the restrictions, reimbursement for all costs and expenses of litigation including reasonable attorneys’ fees and other costs incurred in attempting to secure such relief. (e) Invalidation of any provision of this Declaration shall not affect the remaining provisions, which shall continue in full force and effect. A3-22 Form 9 Surface Water Page 436 Declarant’s Signature: _____________________________________ Declarant’s Printed Name and Title: ________________________________ Name of Firm: _________________________ STATE OF MINNESOTA) )ss. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of _______________, 20___, by _____________________________________________ ______________________________________________________________________. _____________________________ Notary Public A3-23 Form 9 Surface Water Page 437 ACCEPTANCE The Watershed District hereby accepts the foregoing Conservation Easements pursuant to Minnesota Statutes, Section 84C.02, on this _____ day of __________, 20__. PRIOR LAKE - SPRING LAKE WATERSHED DISTRICT By_______________________, Shannon Lotthammer District Administrator STATE OF MINNESOTA) )SS COUNTY OF __________) The foregoing instrument was acknowledged before me this _____ day of ________________, 20___, by ____________________________________, the __________________________ of the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, a political subdivision under Minnesota law, on its behalf. _____________________________________ Notary Public This instrument was drafted by: Prior Lake-Spring Lake Watershed District 15815 Franklin Trail, Suite 100 Prior Lake, MN 55372 A3-24 Form 9 Surface Water Page 438 Form 10 DEVELOPMENT AGREEMENT This Agreement is made this ____ day of _________, 20____, between __________ ____________________________________ (whether one or more the “Owner”), and the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, a political subdivision of the State of Minnesota (“Watershed District”). RECITALS A. Owner proposes to develop ___________________________________ (“Project”) on certain property located in _____________________________, Minnesota, legally described on the attached Exhibit A. B. Owner has applied to the Watershed District (Application # ___.___) for a permit (“Permit”) approving its storm water management plan for the Project (“Plan”). The Watershed District has approved the Permit on conditions that Owner agrees to construct, use, operate and maintain storm water and infiltration structures within the Project in the locations described on the attached Exhibit B (collectively the “Infiltration Structures”) in accordance with the provisions of this Agreement. AGREEMENT In consideration of the mutual covenants herein, the parties hereto agree as follows: 1. RECITALS. The foregoing recitals are true, correct and incorporated herein by this reference. 2. INFILTRATION STRUCTURES. Owner, at its expense, shall construct the Infiltration Structures to the specifications, in the locations, and at the times required by the Permit and as set forth on the copy of the Plans summarized herein as Exhibit C. 3. USE AND MAINTENANCE. Owner and Watershed District agree that, once the Infiltration Structures are properly constructed, proper and timely maintenance is the key to the intended function A3-25 Form 10 Surface Water Page 439 of the Infiltration Structures in perpetuity. Owner shall, at its expense, use, operate, repair, maintain, replace and restore the Infiltration Structures in accordance with the requirements of the Permit, best management practices, the manufacturers’ specifications for such structures, and this Agreement, to include without limitation, the following: Infiltration structures shown on the Plan and in the Permit shall be constructed, operated and maintained to conform with this Agreement and the infiltration requirements of the Permit, including the infiltration rate. If it is determined that the required infiltration rate can no longer be maintained in the Infiltration Structures, the Owner shall restore or replace that capacity within the watershed of Prior Lake. Exhibit D summarizes maintenance requirements for the Infiltration Structures. 4. RESTRICTIONS. The following restrictions shall apply to the Infiltration Structures: (a) Infiltration Structures shall be preserved and maintained predominantly in the locations, size and condition shown on the Plan. (b) Owner shall not make any use of the Infiltration Structures that would adversely affect the functions of the Infiltration Structures for the infiltration of precipitation water in the manner set forth in the Plan. (c) No pavement, building, structure, playground or other surface shall be placed upon or within the Infiltration Structures without the prior written consent of the Watershed District. (d) No trash, soil, waste or other offensive material, or landfill shall be placed upon or within the Infiltration Structures without the prior written consent of the Watershed District. (e) No change in the general topography and size of the Infiltration Structures shall be allowed without the prior written consent of the Watershed District. 5 . INSPECTION. Owner grants to the Watershed District, and is agents, employees, officers and contractors, a license to enter the Project including the Infiltration Structures (but not any dwelling) at reasonable times to monitor subsequent activities and uses, perform work, inspect for conformance with the Permit, and enforce this Agreement. These activities by the Watershed District shall not unreasonably interfere with the Owner’s use and quiet enjoyment of the Project. This Agreement grants no right of access or entry on the Project to the general public. 6. INDEMNITY. Owner shall indemnify, defend and hold the Watershed District and its agents, employees, officers, and contractors, harmless from all claims made by it and third parties for damage or loss sustained or costs incurred, including Watershed District staff and engineering and attorneys’ fees, in connection with or arising out of the issuance of the Permit, the construction of the Project, or this Agreement. 7. COSTS AND FEES. Owner shall reimburse the Watershed District for all costs incurred in the enforcement of this Agreement, including Watershed District staff and engineering and attorneys’ fees. Owner shall fully pay all invoices submitted by the Watershed District for obligations incurred under this Agreement within 7 days after receipt. Amounts not so paid shall A3-26 Form 10 Surface Water Page 440 accrue interest at the rate of 8 percent per year. 8. DEFAULT. If Owner defaults as to any obligations required by the Permit, the Rules, or this Agreement, the Watershed District may, at its option and after not less than 48 hours notice to Owner, enter upon the Project and perform the work, and Owner shall reimburse the Watershed District for all costs incurred thereby. In the event of an emergency as determined by the Watershed District, the requirement of 48 hours advance notice of default shall be waived. 9. DURATION. This Agreement shall terminate on the date that the Infiltration Structures are dedicated to and accepted by ___________________________ for the storm water management and infiltration purposes prescribed herein. In the absence of such dedication and acceptance, this Agreement shall remain in effect and shall be enforceable by the Watershed District for a term of 30 years from the date hereof. After such time, this Agreement shall extend automatically for successive periods of 10 years, unless an instrument signed by the then Owner and the Watershed District has been filed for record terminating this Agreement. 10. BINDING EFFECT. (a) This Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns; however, the Owner and each successor record owner of the Project shall be fully discharged and relieved of liability under this Agreement upon ceasing to own any interest in the Project and paying all amounts and performing all obligations hereunder to the time ownership terminates. (b) If the Project is a subdivision, the obligations of Owner under this Agreement are, with the prior written notification of the Watershed District, to be transferred to and assumed by a homeowner’s association responsible for the operation and maintenance of the common areas and improvements of the Project, including the Infiltration Structures. The Project Owner and each successor owner of any individual lot in the Project shall be relieved of liability under this Agreement upon (i) the filing for record the assumption of liability by the homeowner’s association and the notification of the Watershed District, and (ii) Owner’s payment of all amounts and performance of all obligations hereunder as of the transfer. Exhibit E summarizes the Special Conditions required by the District to be incorporated into the Homeowners’ Association documentation. 11. RECORDING. Owner shall cause this Agreement to be filed for record within 30 days after issuance of the Permit. Evidence of filing shall be provided to the Watershed District within 30 days of completion of the recording. 12. MISCELLANEOUS. (a) Unless the context otherwise requires, references in this Agreement to the Rules adopted by the Watershed District include amendments and revisions to the Rules. For the purpose of this Agreement, unless the context otherwise requires, the terms “best management practices” and “impervious surface” shall have the meaning set forth in the Rules. (b) The invalidity or un-enforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. (c) The failure of the Watershed District to insist on compliance or enforcement of any provision of this Agreement shall not affect the validity or enforceability or constitute a waiver by the Watershed District of future enforcement of that provision or any other provision. A3-27 Form 10 Surface Water Page 441 (d) All notices under this Agreement shall be deemed to be sent or delivered when personally delivered to the recipient or when mailed by certified or registered mail, postage prepaid, addressed to Owner at _____________________________________, to any successor or assign of Owner at its registered office or place of business in Minnesota, and to the Watershed District at 15815 Franklin Trail, Prior Lake, Minnesota 55372, or at such other address as either party may hereafter designate in writing to the other. (e) This Agreement shall be subject to and governed by Minnesota law. EXHIBIT A: Legal Description the Project Area. [Insert legal description] EXHIBIT B: Legal Description of the Areas of the Stormwater Structures. [Insert legal description(s) ] EXHIBIT C: Drawing of Infiltration Structures [Insert drawing(s)] EXHIBIT D: Summary of Maintenance Requirements and In-Service Checklist [ Insert, if any.] EXHIBIT E: Special Conditions to be included in the documentation for a Homeowners’ Association. Special Conditions for a Homeowners’ Association Document Permit # __.__ for: << name of activity or development >> Permittee and Owner: << describe >> Prior Lake-Spring Lake Watershed District (the District) The Watershed District Permit requires a Development Agreement (DA) between the Permittee and the District. The DA is for infiltration structures to be constructed on the site. The permittee is to finalize the DA, have that document recorded, and then provide the District with documentation of that recording. The obligations of the Permittee under the DA shall, prior to completion of the A3-28 Form 10 Surface Water Page 442 permitted activity and release of any security, be transferred to and assumed by a permanent homeowners’ association (HA) for the project. The purposes of the HA are maintenance and administration of the common elements and restrictions for the project, including the infiltration facilities required by the District permit. The documents establishing the HA shall: 1. Be provided to the District for review and comment before the HA is finalized such that those documents may be reasonably satisfactory to the District, 2. Provide evidence to the District of the proper formation of the HA, 3. Include a requirement that the membership of the HA be comprised of all of the owners of parcels within the project, 4. Require mandatory membership in the HA by all of the owners, 5. Require the HA to maintain the common elements, including the form and function of the infiltration facilities, 6. Require that the owners and others comply with the restrictions contained in the DA, 7. Require the collection of assessments to pay for the obligations of the HA, 8. Provide for a method of enforcement of assessment rights and obligations of the owners in accordance with the HA documents, 9. Provide for the recording of a declaration to establish the easements, restrictions and covenants as required or necessary for the HA. A3-29 Form 10 Surface Water Page 443 Signature page – Development Agreement PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT By _____________________________ Shannon Lotthammer, Its Administrator STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me on the ______ day of 20____, by Shannon Lotthammer, the Administrator of the PRIOR LAKE-SPRING LAKE WATERSHED DISTIRCT, a political subdivision under Minnesota law, on its behalf. ______________________________________ Notary Public OWNER: _________________________________________ By: ________________________________ Its: _________________________________ STATE OF MINNESOTA) )ss COUNTY OF _________) The foregoing instrument was acknowledged before me on the ____ day of _____________, 20___, by ____________________________________, the ______________________________________________of______________ _____________________________, a Minnesota ____________________, on its behalf. ______________________________________ Notary Public This Development Agreement was drafted by the Prior Lake-Spring Lake Watershed District. InfilGneric A3-30 Form 10 Surface Water Page 444 PROJECT NAME :PERMIT #: Name of Owner - Applicant Telephone #: Email: Applicant's Address (Street, RFD, Box, City, State, Zip Code) Project Location (Township, Range, Section) and Address Project Legal Description (Attach separate sheet if necessary; indicate if unchanged from initial application)) CATEGORY - check all that apply: Public and Private Drainage Systems Land Development Plan Bridge and/or Culvert Construction Final Site Drainage Plan Renewal Other (attach additional info) State reason(s) for extension/renewal/transfer: State any plan changes: Attach additional information necessary to describe the activity and any change. GENERAL CONDITIONS 1. The Permittee grants to the District, and its agents, employees, officers and contractors, a license to enter the Project to perform any inspections or work authorized by the Permit or any applicable law. The license shall expire after acceptance of the work by the District and issuance of a Certificate of Completion. 2. The Permittee shall indemnify, defend and hold the District and its agents, employees and officers harmless for all claims made by itself and third parties for damages or loss sustained or costs incurred, including engineering and attorneys' fees, as a result of the issuance of the Permit or the construction of the Project. 3. The Permittee shall pay all costs incurred by the District to process and review the application for the Permit and to inspect and monitor the activities authorized by the Permit. In addition, the Permittee shall reimburse the District for all costs incurred in the enforcement of the Permit, including engineering and attorneys' fees. The Permittee shall fully pay all bills submitted to it by the District within 7 days after receipt. Bills not so paid shall accrue interest at the rate of 8% per year. 4. The Permittee shall obtain such easements as may be required for construction of the Project and provide in the final plat for the Project utility and drainage easements acceptable to the District to protect all hydrologic features within the Project and to provide access for the maintenance of the storm sewer facilities to be constructed pursuant to the Permit. 5. To assure full compliance with the terms of the Permit, the Permittee shall deposit with the District a cash surety or irrevocable letter of credit, in form and from a surety satisfactory to the District, in the amount specified under the Special Conditions of the Permit. 6. By acceptance of the Permit, Permittee acknowledges and agrees to perform and be bound by all general and special terms and conditions of the Permit. I hereby apply under District Rule B for a Permit to complete the proposed project in accordance with the exhibits and other information submitted with this Application, the conditions of the previous Application(s) and Permit(s) for this activity. I agree to the above general conditions. Your Signature Your Name - please print Date Submitted Date Received at District $60 Fee Received Signature of District Representative PLSLWD Form 7 (10/15) 4646 Dakota Street SE, Prior Lake, MN 55372, 952-447-4166 APPLICATION for EXTENSION / RENEWAL / TRANSFER Surface Water Page 445 4646 Dakota Street SE, Prior Lake, MN 55372, 952-447-4166 REQUEST for CERTIFICATE OF COMPLETION PERMITTEE: FORWARD TO DISTRICT UPON COMPLETION of PROJECT & PERMIT REQUIREMENTS PROJECT NAME PERMIT # Permittee (same as Owner - Applicant) Phone #: Email: Permittee's Address: The undersigned hereby certifies that the work described in the above referenced Permit has been completed as of the day of , 20 , in accordance with the permit granted by the Prior Lake-Spring Lake Watershed District and is now ready for final inspection. Signature of Permittee Date FINAL INSPECTION FINDINGS (PLSLWD staff use only) ACTIONS REQUIRED Send Letter Advise Advise Board Release of Surety Advise City/Town of Other Signature of District Representative Date PLSLWD Form 8 (10/15) Surface Water Page 446 Appendix 4 Checklists Use the following checklists, as applicable to your particular activity, to prepare a complete application. The more complete your application, the more likely your application is to be reviewed in a timely manner. These checklists are included here for your use only; they are not a required part of an application. Note, however, that the District staff also uses these same checklists in the process of determining completeness and adequacy of applications. B – Procedural Requirements C – General Standards D – Stormwater Management D 3 - Infiltration E – Erosion & Sediment Control F – Floodplain Alteration G – Wetland Alteration H – Bridge & Culvert Crossing I – Drainage Alteration J – Buffer Strips M – Variances A4-1 Surface Water Page 447 Permit Checklist Rule B: Procedural Requirements This checklist is intended to assist permit applicants in making a complete application and in complying with the Rules of the Watershed District. Keep a copy for your records. PERMIT APPLICATION:  Initial permit application submitted on:______________________.  COMPLETE permit application submitted at least 14 days before the PLSLWD Board meeting at which you would like it to be considered.  Obtain from a licensed abstractor a list of all landowners within 500 feet of your project boundary. Include a map of these parcels. Print off addresses with the name shown as “Current Resident” on 8.5” x 11” sheets of self-stick labels.  If for subdivision, the permit application must be considered by PLSLWD Board of Managers before preliminary approval by city or county.  Submitted paid application fee (Other fees may be charged later).  Permit Application deemed complete by PLSLWD on: _______________________. FOLLOWING BOARD APPROVAL:  For subdivisions only: Furnish PLSLWD a copy of city or county approval within 30 days of that approval. City & County subdivision approvals consistent with PLSLWD Permit conditions  Provide permit security to the District.  Plans & Specs need to be stamped by PLSLWD staff as "Approved". This is part of Permit issuance.  Furnish PLSLWD with copies of other required permits (or status of those permits).  Meet all conditional items listed in the Status of Permit form.  Once all above items are complete, obtain your Permit from the District. PROJECT COMPLETION:  Submit Certificate of Completion form to the District when all Permit requirements are complete. Applicant Name: _____________________________________ Project: _____________________________________________ Permit # ______________ Submittal Date: ________________ Reviewed by: ________________________________________ Review Date: __________ Approval Date: ________________ Surface Water Page 448 Permit Application Checklist Rule C: General Standards This checklist is to assist you in making a complete application and complying with the Rules of the Watershed District. Any land disturbing activities must comply with Rule C, including these General Standards below.  (a) Project shall be undertaken in conformance with best management practices and in compliance with the standards and criteria in the District Rules.  (b) Project must protect adjacent property and waterbodies from erosion, sedimentation, flooding or other damage.  (c) Land disturbing activities shall be planned and conducted to:  Minimize the extent of disturbed area, runoff velocities and erosion potential, and to reduce and delay runoff volumes.  Include proper erosion and runoff controls that are: o consistent with best management practices o properly installed before commencing land disturbing activities o sufficient to retain sediment on-site o regularly inspected and maintained  Stabilize disturbed areas within 100 feet of a waterbody, storm sewer inlet or road if work within the area ceases or will be suspended for more than 7 days on slopes greater than 3:1, or 14 days on slopes ranging from 3:1 to 10:1, or 21 days for flatter slopes.  (d) When possible, existing natural watercourses and vegetated soil surfaces shall be used to convey, store, filter and retain runoff before discharge into public waters or a stormwater conveyance system.  (e) When possible, runoff from roof gutter systems shall discharge onto lawns or other pervious surfaces to promote infiltration.  (f) Use of fertilizer and pesticides in the shoreland protection zone shall be done so as to minimize runoff into public waters by the use of earth material, vegetation, or both.  (g) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference shall be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and man-made materials and facilities. Applicant Name: _____________________________________ Project: _____________________________________________ Permit # ______________ Submittal Date: ________________ Reviewed by: ________________________________________ Review Date: __________ Approval Date: ________________ Surface Water Page 449 PERMIT APPLICATION CHECKLIST – Rule D: Stormwater Management 1 | P a g e Permit Application Checklist Rule D: Stormwater Management SUBMITTALS REQUIRED The following items shall accompany the permit application: Yes No N/A    (a) One full size set of 11” x 17” plans (both paper and electronic versions required).    (b) Property lines and delineation of lands under ownership of the applicant.    (c) Delineation of the subwatershed contributing runoff from off-site, proposed and existing subwatersheds on-site, emergency overflows and watercourses.    (d) Proposed and existing stormwater facilities location, alignment and elevation.    (e) Delineation of existing on-site wetland, marsh, shoreland and floodplain areas.    (f) For applications proposing infiltration as a stormwater management practice, identification, description, permeability and approximate delineation of site soils in both existing and proposed as- developed condition.    (g) Existing and proposed ordinary high and 100-year water elevations onsite.    (h) Existing and proposed site contour elevations at 2 foot intervals, referenced to NGVD, 1929 datum.    (i) Construction plans and specifications of all proposed stormwater management facilities, including design details for outlet controls.    (j) Runoff volume and rate analysis for the 2-year, 10-year and 100-year critical storm events, existing and proposed.    (k) All hydrologic, water quality and hydraulic computations made in designing the proposed stormwater management facilities.    (l) Narrative addressing incorporation of infiltration BMPs.    (m) Delineation of any ponding, flowage or drainage easements, or other property interests, to be dedicated for stormwater management purposes. Applicant Name: _____________________________________ Project: _____________________________________________ Permit # ______________ Submittal Date: ________________ Reviewed by: ________________________________________ Review Date: __________ Approval Date: ________________ COMMENTS - SUBMITTALS: Surface Water Page 450 PERMIT APPLICATION CHECKLIST – Rule D: Stormwater Management 2 | P a g e DISTRICT POLICIES Has the project met the following district policies: Yes No N/A    (a) Require that peak runoff rates not exceed existing conditions and the capacity of downstream conveyance facilities or contribute to flooding.    (b) Manage subwatershed discharge rates and flood storage volumes to be consistent with the goals of the water resources management plan.    (c) Control runoff rates by the use of regional or on-site detention or infiltration facilities where feasible.    (d) Review stormwater management structures based on the 100-year critical storm event for the drainage area.    (e) Route runoff to water treatment ponds or other acceptable facilities before discharging into waterbodies.    (f) Promote the use of natural waterbodies for storing runoff and improving water quality and other amenities.    (g) Promote natural infiltration of runoff.    (h) Minimize the amount of directly connected impervious surface created by the development, preserve the infiltration capacity of the soil, and incorporate infiltration practices into the design where feasible. APPROVAL CRITERIA Has the stormwater management plan complied with the following criteria? Yes No N/A    (a) A hydrograph method based on sound hydrologic theory will be used to analyze runoff for the design or analysis of flows and water levels.    (b) Runoff rates for the proposed activity shall not exceed existing runoff rates for the 2-year, 10-year and 100-year critical storm events, and runoff rates may be restricted to less than the existing rates when necessary for the public health and general welfare of the District.    (c) Where a project creates one or more acres of new impervious surface, the stormwater runoff volume shall be retained on site in the amount equivalent to 1.0 inches of runoff over the new impervious surface. For a project that creates less than one acre of new impervious, the stormwater runoff volume shall be retained on site in theamount equivalent to 0.5 inches of runoff over the new impervious. (ii) Development that creates impervious surfaces must explicitly address the use of best management practices to limit the loss of pervious area, and meet the volume reduction standards to the extent feasible considering site-specific conditions. 1) Volume reduction techniques considered shall include infiltration, reuse and rainwater harvesting, canopy interception and evapotranspiration, and/or additional techniques included in the Minnesota Stormwater Manual, as amended. High priority shall be given to BMPs that include volume reduction. Secondary preference is to employ filtration techniques, followed by water quality ponding BMPs. 2) The District may approve alternative BMPs instead of infiltration, provided that the proposed BMPs meet the requirements of the NPDES General Construction Permit, as amended. COMMENTS - POLICIES: Surface Water Page 451 PERMIT APPLICATION CHECKLIST – Rule D: Stormwater Management 3 | P a g e (iii) BMPs shall be designed and installed in accordance with generally accepted design practices and guidance contained in the Minnesota Pollution Control Agency’s Minnesota Stormwater Manual, as amended.    (d) Infiltration features shall include the following design considerations: (i) The infiltration area shall be capable of infiltrating the required volume within 48 hours for surface and subsurface BMPs. (ii) Infiltration areas will be limited to the horizontal areas subject to prolonged wetting. (iii) Areas of permanent pools tend to lose infiltration capacity over time and will not be accepted as an infiltration practice. (iv) Stormwater runoff must be pretreated to remove solids before discharging to infiltration areas to maintain the long term viability of the infiltration areas.    (e) Regional detention basins shall be utilized to manage peak flow rates and runoff volumes, and meet water quality objectives when feasible. On-site detention basins, infiltration facilities, and permanent sedimentation and water quality ponds will be utilized for land disturbing activities exceeding one acre when regional basins are not in place or feasible. A waiver may be granted for special circumstances described in Paragraphs 4(a) and 4(b) below.    (f) The applicant will provide water quality BMPs sized to infiltrate and/or retain the runoff volume generated on the site by the 2 year, 24-hour event under the developed condition for all points where discharges leave a site. For that portion of the 2 year, 24-hour event runoff volume that is not required to be infiltrated under paragraph (c), water quality BMPs or additional infiltration will be incorporated. The order of preference for water quality BMPs is biofiltration, filtration, wetland treatment system, extended detention, and wet detention in accordance with NURP standards.    (g) Analysis of flood levels, storage volumes and flow rates for waterbodies and detention basins shall be based on the range of rainfall and snow melt durations producing the critical flood levels and discharges.    (h) Landlocked water basins may be provided with outlets that: (i) Retain a hydrologic regime complying with Rules F and G; (ii) Provide sufficient dead storage to retain back-to-back 100-year, 24-hour rainfalls and runoff above the highest anticipated groundwater elevation and prevent damage to property adjacent to the basin; and (iii) Do not create adverse downstream flooding or water quality conditions, or materially affect stability of downstream water courses.    (i) Detention basins shall be designed to provide: (i) An outlet structure to control the 2-year, 10-year and 100-year critical storm events to predevelopment runoff rates; (ii) An identified overflow spillway sufficiently stabilized to convey a 100-year critical storm event; (iii) A normal water elevation above the OHW of adjacent waterbodies; and (iv) Access for future maintenance.    (j) Permanent sedimentation and water quality ponds shall be designed to the Wet Pond Design Standards set forth on Appendix A to these Rules and provide: (i) Water quality features consistent with NURP criteria and best management practices; (ii) A permanent wet pool with dead storage of at least the runoff from a 2.5-inch storm event; (iii) A normal water elevation above the OHW of adjacent waterbodies; (iv) An outlet skimmer to prevent migration of floatables and oils for at least the one year storm event; and (v) Access for future maintenance. Surface Water Page 452 PERMIT APPLICATION CHECKLIST – Rule D: Stormwater Management 4 | P a g e    (k) Unless a municipality or the county has adopted an ordinance prescribing a minimum low floor elevation, which ordinance shall govern, any new residential, commercial, industrial and other habitable structures shall be constructed with the following low floor elevation: (i) In the case of a land-locked basin, the low floor elevation shall be at least 3 feet above the surveyed basin overflow or three feet above the high water level of the basin as determined from an estimate of high water levels using the higher of either the 100-year, 10-day runoff event and back-to-back 100-year, 24-hour rainfalls under full build-out conditions. Aerial photographs, vegetation, soils and topography shall be used to derive a “normal” water elevation for the basin to compute the 100-year elevation. (ii) In all other cases, the low floor elevation shall be at least 2 feet above the critical event 100-year high water elevation and three feet above the overflow elevation of nearby waterbodies and stormwater basins. COMMENTS - CRITERIA: Surface Water Page 453 PERMIT APPLICATION CHECKLIST – Rule E: Erosion & Sediment Control 1 | P a g e Permit Application Checklist Rule E: Erosion-Sediment Control SUBMITTALS REQUIRED The following items shall accompany the permit application: Yes No   (a) An existing and proposed topographic map showing contours on and adjacent to the land, property lines, all hydrologic features, the proposed land disturbing activities, and the locations of all runoff, erosion and sediment controls and soil stabilization measures.   (b) Plans and specifications for all proposed runoff, erosion and sediment controls, and temporary and permanent soil stabilization measures.   (c) Detailed schedules for implementation of the land disturbing activity, the erosion and sediment controls, and soil stabilization measures.   (d) Detailed description of the methods to be employed for monitoring, maintaining and removing the erosion and sediment controls, and soil stabilization measures.   (e) Soil borings if requested by the District.   (f) For projects over one acre of disturbed area, documentation that the permittee has applied for the NPDES General Construction Permit from the Minnesota Pollution Control Agency (MPCA) shall be submitted, in addition to the Stormwater Pollution Prevention Plan (SWPPP) prepared for the NPDES Permit.   SECURITY. Any bond or other security required in accordance with Rule L shall be maintained until final soil stabilization and removal of erosion and sediment controls, and the payment of all fees and other amounts due the District. DISTRICT POLICIES Has the project met the following district policies: Met Not Met   Prepare (and implement) an erosion and sediment control plan to control runoff and erosion and to retain or control sediment on land during land disturbing activities. APPROVAL CRITERIA Does the project comply with the following criteria? Met Not Met   (a) Natural site topography and soil conditions shall be used to control runoff and reduce erosion and sedimentation during construction and after completion of the land disturbing activity.   (b) Erosion and sediment control measures shall be consistent with the standards of the General Permit Authorization to Discharge Stormwater Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program, Permit MN R100001 (NPDES General Construction Permit), issued by the Minnesota Pollution Control Agency, except where more specific requirements apply, including: (i) Phasing to minimize disturbed areas subject to erosion at any one time. Applicant Name: _____________________________________ Project: _____________________________________________ Permit # ______________ Submittal Date: ________________ Reviewed by: ________________________________________ Review Date: __________ Approval Date: ________________ Surface Water Page 454 PERMIT APPLICATION CHECKLIST – Rule E: Erosion & Sediment Control 2 | P a g e (ii) Implementation of BMPs to minimize the discharge of sediment and other pollutants. (iii) Dewatering activities shall be discharged in a manner that does not cause nuisance conditions. (iv) Proper storage and disposal of all construction site projects, materials or wastes. (v) Site inspections and records of rainfall events. (vi) Proper maintenance of all BMPs. (vii) Management of solid and hazardous wastes on each project site (viii) Final stabilization upon completion of the construction activity (ix) Provisions for the use of temporary sediment basins to control runoff and provide treatment during construction, when applicable.   (c) All erosion and sediment controls shall be installed before commencing the land disturbing activity, and shall not be removed without District approval or until the District has issued a certificate of completion pursuant to Paragraph 14 of Rule B. COMMENTS - SUBMITTALS: Surface Water Page 455 PERMIT APPLICATION CHECKLIST – Rule F: Floodplain Alteration 1 | P a g e Permit Application Checklist Rule F: Floodplain Alteration SUBMITTALS REQUIRED The following items shall accompany the permit application: Yes No   (a) Site plan showing boundary lines, delineation and existing elevation contours of the work area, ordinary high water level, and 100-year critical flood elevation. All elevations shall be referenced to NGVD, 1929 datum.   (b) Grading plan showing any proposed elevation changes.   (c) Preliminary plat of any proposed subdivision.   (d) Determination by a registered professional engineer of the 100-year critical flood elevation before and after the proposed activity.   (e) Computation of the change in flood storage capacity as a result of the proposed alteration or fill.   (f) Erosion control and sediment plan which complies with Rule E.   (g) Soil boring results if available. DISTRICT POLICIES Has the project met the following district policies: Met Not Met   (a) Preserve existing water storage capacity below the 100-year critical flood elevation on all waterbodies in the District to minimize the frequency and severity of high water.   (b) Minimize development in the floodplain which will unduly restrict flood flows or aggravate known high water problems.   (c) Require compensatory storage for unavoidable floodplain fill. APPROVAL CRITERIA Does the project comply with the following criteria? Met Not Met   (a) Floodplain alteration or filling shall not cause a net decrease in flood storage capacity below the projected 100-year critical flood elevation unless it is shown that the proposed alteration or filling, together with the alteration or filling of all other land on the affected reach of the waterbody to the same degree of encroachment as proposed by the applicant, will not cause high water or aggravate flooding on other land and will not unduly restrict flood flows.   (b) All new structures shall be constructed with the low floor at a minimum of two feet above the 100-year critical flood elevation.   (c) A land disturbing activity within a floodplain may require a District permit under Rules D and E. Applicant Name: _____________________________________ Project: _____________________________________________ Permit # ______________ Submittal Date: ________________ Reviewed by: ________________________________________ Review Date: __________ Approval Date: ________________ Surface Water Page 456 PERMIT APPLICATION CHECKLIST – Rule F: Floodplain Alteration 2 | P a g e   (d) An activity that alters or fills a wetland within a floodplain may require a permit under Rule G. COMMENTS: Surface Water Page 457 Permit Application Checklist Rule G: Wetland Alteration SUBMITTALS It is recommended that the following items accompany the permit application (as applicable): Yes N/A   (a) Wetland Delineation Report   (b) Wetland Replacement Plan DISTRICT POLICIES Has the project met the following district policies: Met Not Met   (a) Achieve no net loss in the quantity, quality and biological diversity of wetlands in the District.   (b) Increase the quantity, quality and biological diversity of wetlands in the District by restoring or enhancing diminished or drained wetlands.   (c) Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality and biological diversity of District wetlands as determined using the Minnesota Routine Assessment Method (MnRam) for Evaluating Wetland Functions Version 2.0.   (d) Replace affected wetlands where avoidance is not feasible and prudent. APPROVAL CRITERIA Does the project comply with the following criteria? Met Not Met   (a) Any drainage, filling, excavation or other alteration of a wetland shall be conducted in compliance with Minnesota Statutes, section 103G.245, the Wetland Conservation Act, and regulations adopted thereunder.   (b) A wetland may be used for stormwater storage and treatment only if the use will not adversely affect the function and public value of the wetland as determined by the local government unit.   (c) Other activities which would change the character of a wetland shall not diminish the quantity, quality or biological diversity of the wetland. Applicant Name: _____________________________________ Project: _____________________________________________ Permit # ______________ Submittal Date: ________________ Reviewed by: ________________________________________ Review Date: __________ Approval Date: ________________ COMMENTS: Surface Water Page 458 Permit Application Checklist Rule H: Bridge & Culvert Crossings SUBMITTALS REQUIRED The following items shall accompany the permit application: Yes No   (a) Construction plans and specifications.   (b) Analysis prepared by a registered professional engineer showing the effect of the project on hydraulic capacity and water quality.   (c) An erosion and sediment control plan which complies with Rule E. DISTRICT POLICIES Has the project met the following district policies: Met Not Met   (a) To maintain channel profile stability in watercourses.   (b) To maintain conveyance capacity in watercourses. APPROVAL CRITERIA District Rules require that crossings shall: Met Not Met   (a) Retain adequate hydraulic capacity, which for any crossing over the Prior Lake outlet channel shall be based on the hydraulic model for the outlet channel.   (b) Retain adequate navigational capacity.   (c) Not adversely affect water quality.   (d) Represent the "minimal impact" solution to a specific need with respect to all reasonable alternatives.   (e) Allow for future erosion, scour, and sedimentation considerations.   (f) Require a permit under Rules D and E if part of a land disturbing activity or subdivision. COMMENTS: Applicant Name: _____________________________________ Project: _____________________________________________ Permit # ______________ Submittal Date: ________________ Reviewed by: ________________________________________ Review Date: __________ Approval Date: ________________ Surface Water Page 459 Permit Application Checklist Rule I: Drainage Alterations SUBMITTALS REQUIRED The following items shall accompany the permit application: Yes No   (a) Map showing location of proposed alteration and tributary area.   (b) Existing and proposed cross sections and profile of affected drainage area.   (c) Description of bridges or culverts required.   (d) Narrative and calculations verifying compliance with Paragraph 3(a) and 3(b) above. DISTRICT POLICIES Has the project met the following district policies: Met Not Met   (a) Surface water may be drained only in a manner which does not unreasonably burden upstream or downstream land. APPROVAL CRITERIA The applicant is required to: Met Not Met   (a) Describe the overall environmental impact of the proposed drainage alteration and demonstrate that: (i) There is a reasonable necessity for such drainage alteration; (ii) Reasonable care has been taken to avoid unnecessary injury to upstream and downstream land; (iii) The utility or benefit accruing to the land on which the drainage will be altered reasonably outweighs the gravity of the harm resulting to the land receiving the burden; and (iv) The drainage alteration is being accomplished by reasonably improving and aiding the normal and natural system of drainage according to its reasonable carrying capacity, or in the absence of a practicable natural drain, a reasonable and feasible artificial drainage system is being adopted.   (b) Provide a hydraulic design which complies with Rules F and G, and if the alteration involves a landlocked basin, the alteration must comply with Rule D3(f) for outlets from landlocked basins.   (c) Provide a stable channel and outfall.   (d) Obtain a permit under Rules D and E if the drainage alteration is part of a land disturbing activity or a development or redevelopment of land. Applicant Name: _____________________________________ Project: _____________________________________________ Permit # ______________ Submittal Date: ________________ Reviewed by: ________________________________________ Review Date: __________ Approval Date: ________________ COMMENTS: Surface Water Page 460 A5-1 Surface Water Page 461 A5-2 Surface Water Page 462 Appendix 6: Best Management Practices, “BMPs” For Stormwater management, especially during construction. Site Management Silt Fence Temporary Seed/Mulch Permanent Seeding/Sodding Temporary Sediment Basin Temporary Protection of Drain Inlet Site Clean-up/Litter Control Off-limits areas Parking Management Street Sweeping Slope Drain Infiltration Porous Pavers Detention Diversion Floatable Silt Curtain Chemicals/Fuels Management Lot Benching Lined Channel Drain Inlet Protection Filter Strip Sodding Rip rap Others (explain) Refer to Rule C for other BMPs and related general criteria. BMPs are often best applied in combinations and/or sequentially. The development and application of BMPs is an on-going activity. Permit applicants, land developers and other are also encouraged to consider current BMP manual such as: “Protecting Water Quality in Urban Areas’, MPCS, March 2000. “Minnesota Urban Small Sites Manual”, Prepared for Metro Council Environmental Services by Barr Engineering, July, 2001. “The Practice of Watershed Protection”, T R Schuler and H K Holland, Center for Watershed Protection, Elliot City, MD. A6-1 Surface Water Page 463 Appendix 7: Excerpt from NPDES Construction Storm Water Permit III.D. PERMANENT STORMWATER MANAGEMENT SYSTEM The Permittee(s) shall design the project so that all stormwater discharged from the project during and after construction activities does not cause a violation of state water quality standards, including nuisance conditions, erosion in receiving channels or on downslope properties, or a significant adverse impact to wetlands caused by inundation or decrease of flow. The Permittee(s) shall construct a permanent stormwater management system meeting the requirements of this Part, or if the project is located in a jurisdiction subject to a NPDES/SDS Municipal Separate Storm Sewer System (MS4) permit and that permit has established permanent treatment requirements that include volume reduction, the Permittee(s) can comply with the permanent treatment requirements established under the MS4 permit in lieu of the permanent treatment requirements of this permit. Where a project’s ultimate development replaces vegetation and/or other pervious surfaces with one (1) or more acres of cumulative impervious surface, the Permittee(s) must design the project so that the water quality volume of one (1) inch of runoff from the new impervious surfaces created by the project is retained on site (i.e. infiltration or other volume reduction practices) and not discharged to a surface water. For purposes of this part, surface waters does not include man‐made drainage systems that convey stormwater to a compliant permanent stormwater management system. For those projects where infiltration is prohibited (see Part III.D.1.j.), the Permittee(s) shall consider other methods of volume reduction and the water quality volume (or remainder of the water quality volume if some volume reduction is achieved) must be treated by a wet sedimentation basin, filtration system, regional ponding or equivalent methods prior to the discharge of stormwater to surface waters. Where the proximity to bedrock precludes the installation of any of the permanent stormwater management practices outlined in Part III.D., other treatment, such as grassed swales, filtration systems, smaller ponds, or grit chambers, is required prior to the discharge of stormwater to surface waters. For work on linear projects with lack of right‐of‐way where the Permittee(s) cannot obtain an easement or other permission for property needed to install treatment systems capable of treating the entire water quality volume on site, the Permittee(s) must maximize the water quality volume that can be treated prior to discharge to surface waters. Treatment can be provided through other methods or combination of methods such as grassed swales, filtration systems, smaller ponds, or grit chambers, prior to discharge to surface waters. A reasonable attempt must be made to obtain right‐of‐way during the project planning process. Documentation of these attempts must be in the SWPPP per Part III.A.5.m. in the section addressing infeasibility. When constructing any of the permanent stormwater management systems in this part, the Permittee(s) must incorporate the following design parameters: Surface Water Page 464 1. Infiltration/Filtration a. Infiltration/Filtration options include but are not limited to: infiltration basins, infiltration trenches, rainwater gardens, sand filters, organic filters, bioretention areas, natural or enhanced swales, dry storage ponds with underdrain discharge, off‐line retention areas, and natural depressions. Infiltration must be used only as appropriate to the site and land uses. The method selected by the Permittee(s) must remove settleable solids, floating materials, and oils and grease from the runoff to the maximum extent practicable before runoff enters the infiltration/filtration system. Filtration systems must be designed to remove at least 80 percent of total suspended solids. When designing the system the Permittee(s) must evaluate the impact of constructing an infiltration practice on existing hydrologic features (e.g., existing wetlands) and the system must be designed to maintain pre‐existing conditions (e.g., do not breach a perched water table that is supporting a wetland). For a discussion of potential stormwater hotspots, groundwater warnings, design measures, maintenance considerations or other retention, detention, and treatment devices, see the Minnesota Stormwater Manual found on the MPCA’s website. b. Infiltration systems must not be excavated to final grade until the contributing drainage area has been constructed and fully stabilized unless rigorous erosion prevention and sediment controls are provided (Part III.D.1.c.). c. When an infiltration system is excavated to final grade (or within three (3) feet of final grade), the Permittee(s) must employ rigorous erosion prevention and sediment controls (e.g., diversion berms) to keep sediment and runoff completely away from the infiltration area. The area must be staked off and marked so that heavy construction vehicles or equipment will not compact the soil in the proposed infiltration area. d. To prevent clogging of the infiltration or filtration system, the Permittee(s) must use a pretreatment device such as a vegetated filter strip, small sedimentation basin, or water quality inlet (e.g., grit chamber) to settle particulates before the stormwater discharges into the infiltration or filtration system. e. The Permittee(s) must design infiltration or filtration systems that provide a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff (or one (1) inch minus the volume of stormwater treated by another system on the site) from the new impervious surfaces created by the project. f. The Permittee(s) must design the infiltration/filtration system to discharge the water quality volume routed to the system through the soil surface or filter media within 48 hours or less. Additional flows that cannot be infiltrated or filtered within 48 hours must be routed to bypass the system through a stabilized discharge point. The Permittee(s) must design the infiltration system to provide a Surface Water Page 465 means to visually verify that the system is discharging through the soil surface or filter media within 48 hours or less. g. The Permittee(s) shall employ appropriate on‐site testing consistent with the recommendations found in the Minnesota Stormwater Manual to verify soil type and to ensure a minimum of three (3) feet of separation from the seasonally saturated soils (or from bedrock) and the bottom of the proposed infiltration/filtration system. h. The Permittee(s) must ensure filtration systems with less than three (3) feet of separation from seasonally saturated soils or from bedrock are constructed with an impermeable liner. i. The Permittee(s) must design adequate maintenance access (typically eight (8) feet wide). j. Infiltration is prohibited when the infiltration system will be constructed in: i. Areas that receive discharges from vehicle fueling and maintenance. ii. Areas with less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. iii. Areas that receive discharges from industrial facilities which are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA. iv. Areas where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. v. Areas of predominately Hydrologic Soil Group D (clay) soils unless allowed by a local unit of government with a current MS4 permit. vi. Areas within 1,000 feet up‐gradient, or 100 feet down‐gradient of active karst features unless allowed by a local unit of government with a current MS4 permit. vii. Areas within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13., unless allowed by a local unit of government with a current MS4 permit. viii. Areas where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour or as allowed by a local unit of government with a current MS4 permit. 2. Wet Sedimentation Basin a. The Permitte(s) must design the basin to have a permanent volume of 1,800 cubic feet of storage below the outlet pipe for each acre that drains to the basin. The basin’s permanent volume must reach a minimum depth of at least three (3) feet and must have no depth greater than 10 feet. The basin must be configured such that scour or resuspension of solids is minimized. Surface Water Page 466 b. The Permittee(s) must design basins to provide live storage for a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff (or one (1) inch minus the volume of stormwater treated by another system on the site) from the new impervious surfaces created by the project. c. The Permittee(s) must design basin outlets such that the water quality volume is discharged at no more than 5.66 cubic feet per second (cfs) per acre of surface area of the pond. d. The Permittee(s) must design basin outlets to prevent short‐circuiting and the discharge of floating debris. Basin outlets must have energy dissipation. e. The Permittee(s) must design the basin to include a stabilized emergency overflow to accommodate storm events in excess of the basin’s hydraulic design. f. The Permittee(s) must design adequate maintenance access (typically eight (8) feet wide). g. The Permittee(s) must design sediment Basins to be situated outside of surface waters and any buffer zone required under Appendix A, Part C.3. and they must be designed to avoid draining water from wetlands unless the impact to the wetland is in compliance with the requirements of Appendix A, Part D. 3. Regional Ponds When the entire water quality volume cannot be retained onsite, the Permittee(s) can use or create regional ponds provided that they are constructed ponds, not a natural wetland or water body, (wetlands used as regional ponds must be mitigated for, see Appendix A, Part D) and designed in accordance with this permit’s design requirements (Part III.D.2.) for all water from impervious surfaces that reach the pond. Permittee(s) shall not construct regional ponds in wetlands, regardless of their condition, quality or designation by local plans, unless the mitigative sequence in Appendix A, Part D. of this permit has been completed. There must be no significant degradation of the waterways between the project and the regional pond. The owner must obtain written authorization from the applicable local governmental unit (LGU) or private entity that owns and maintains the regional pond. The LGU’s or private entity’s written authorization must identify that the regional pond will discharge the water quality volume (one (1) inch of runoff from the impervious watershed area) at no more than 5.66 cfs per acre of surface area of the pond. The owner must include the LGU’s or private entities’ written authorization in the SWPPP. The LGU’s or private entity’s written authorization must be obtained before the owner finalizes the SWPPP and before any application for this permit is made to the MPCA. Surface Water Page 467 Local Surface Water Management Plan City of Prior Lake WSB Project No. 010393-000 APPENDIX E APPENDIX E Scott WMO Standards Surface Water Page 468 SCOTT WATERSHED MANAGEMENT ORGANIZATION STANDARDS 2018 Update Surface Water Page 469 i Table of Contents POLICY STATEMENT ............................................................................................................................... 1 RELATIONSHIP WITH MUNICIPALITIES AND COUNTY .................................................................. 3 A. StaNDARD A - DEFINITIONS ....................................................................................................... 5 B. StaNDARD B – General Standards ................................................................................................ 14 1. Regulation ................................................................................................................................... 14 C. STANDARD C – BLUFF STANDARDS ...................................................................................... 16 1. REGULATION ........................................................................................................................... 16 2. Criteria ........................................................................................................................................ 16 3. Exceptions ................................................................................................................................... 18 D. STANDARD D - STORMWATER MANAGEMENT .................................................................. 20 1. Regulation ................................................................................................................................... 20 2. Criteria ........................................................................................................................................ 20 3. Waivers ................................................................................................................................... 27 4. Exhibits ................................................................................................................................... 27 5. Maintenance ............................................................................................................................ 27 6. Easements ............................................................................................................................... 27 7. Covenants ................................................................................................................................ 27 8. Exceptions ............................................................................................................................... 28 1. Regulation ................................................................................................................................... 29 2. Criteria ........................................................................................................................................ 29 3. Exhibits ....................................................................................................................................... 30 4. Maintenance ................................................................................................................................ 30 5. Security ....................................................................................................................................... 30 6. Exceptions ................................................................................................................................... 30 F. Standard F − FLOODPLAIN ALTERATION ................................................................................ 32 1. Regulation ................................................................................................................................... 32 2. Criteria ........................................................................................................................................ 32 3. Exhibits ....................................................................................................................................... 32 4. Exceptions ................................................................................................................................... 32 G. Standard G − WETLANDS ............................................................................................................ 33 1. Regulation ................................................................................................................................... 33 2. Criteria ........................................................................................................................................ 33 3. Local Government Unit .............................................................................................................. 38 H. Standard H - BRIDGE AND CULVERT CROSSINGS ................................................................ 39 1. Regulation ................................................................................................................................... 39 2. Criteria ........................................................................................................................................ 39 3. Exhibits ....................................................................................................................................... 39 4. Maintenance ................................................................................................................................ 39 Surface Water Page 470 ii I. STANDARD I − DRAINAGE ALTERATIONS ........................................................................... 41 1. Regulation ................................................................................................................................... 41 2. Criteria ........................................................................................................................................ 41 3. Exhibits ....................................................................................................................................... 42 4. Exceptions ................................................................................................................................... 42 Maps Map 1: Bluff Overlay District of the Scott WMO Map 2: Public Waters List of Attachments Attachment 1: Simplified Hydrologic Yield Method Surface Water Page 471 1 POLICY STATEMENT On October 30, 1996, the Minnesota Board of Water and Soil Resources sent the Scott County Board of Commissioners a letter notifying the Board of its responsibility for water management in all of the areas of the County that were previously under Joint Powers Watershed Management Organizations (i.e, Sand Creek, Shakopee Basin, and Southwest Scott Joint Powers Watershed Management Organizations). The Credit River Watershed Management Organization also eventually became a non-implementing organization, but later than the other three. The County Board established the Scott WMO as the organization for water management in these non-implementing areas of the county. The Scott Watershed Management Organization (Scott WMO) is a watershed management organization as defined in the Metropolitan Surface Water Management Act (Minn. Statutes Chapter 103B). This Act provides the Scott WMO with power to accomplish its statutory purpose – to protect, preserve and manage surface and groundwater systems within the Scott WMO and requires the development of Rules and Standards. The Scott WMO has adopted a Comprehensive Water Resources Management Plan pursuant to the Acts and Minn. Rules Chapter 8410 and updated this plan in 2008 to cover the period of 2009 to 2018. A second update was completed in 2019 covering the period of 2019-2026. The updated 2019 Water Plan provides the management goals, policies and objectives that the Scott WMO will use to protect, improve, preserve, and manage water resources in the WMO, and the need and reasonableness for rules and ordinances to enforce the objectives of the plan. The following Standards implement the plan’s goals, policies, and strategies. The individual policies that create a need for the individual standards will not be repeated in this section. Each of the policies may be found in the goals, policies, and strategies Section 3 of the main body of the Plan. Increased quantities of stormwater over presettlement conditions leads to larger volumes of water and higher flow velocities, which in turn provide the erosive power to damage stream channels and ultimately render them unstable. These issues are transferred downstream as additional water and scouring power is added along a watercourse. Many times the streams or rivers outlet into lakes, wetlands or other watercourses (receiving waters) and the material being transported is deposited in areas where lower velocities decrease the waters’ sediment carrying capacity. This leads to issues associated with sedimentation in downstream areas, which can, among other things, decrease floodplain storage, damage water resources, and destroy habitat. Loss of topsoil due to erosion also renders soil less fertile and makes it more difficult to establish vegetation on disturbed areas. Aside from the physical issues described above, there are economic implications due to increased volumes and flow of stormwater. Unstable stream channels over time have the ability to depress land values, damage property, endanger high value structures and render prime building locations unbuildable directly impacting the health, safety and welfare of the County. Accelerated stream bank erosion can also increase the rate and severity of stream channel migration and resulting property loss. In addition, unstable channels undermine bridges, Surface Water Page 472 2 clog culverts, and can otherwise damage infrastructure requiring costly repairs and ensuring legal issues for both public agencies and private individuals. With an increase in water quantity, there is usually a corresponding decrease in water quality. Water quality is an important amenity in the County – both in terms of surface water and groundwater. Stormwater can carry a variety of pollutants, which can affect downstream areas as well as groundwater through infiltration. Wetlands can be impacted directly by development and land disturbing activities; and indirectly by hydrologic and water quality changes associated with development and land disturbing activities. Wetlands provide a variety of functions and values, which are important to the overall character and function of the watershed that they are a part of. Groundwater is the primary source of potable water in Scott County. Improperly functioning individual sewage treatment systems (ISTS) can impact groundwater quality. These Standards protect the public health, safety, welfare and natural resources of the Scott WMO by regulating the improvement or alteration of land and waters within the WMO to reduce the severity and frequency of high water, to preserve floodplain and wetland storage capacity, to improve the chemical and physical quality of surface waters, to reduce sedimentation, to preserve the hydraulic and navigational capacities of waterbodies, to preserve and protect channels and drainageways, to promote and preserve natural infiltration areas, protect groundwater, and to preserve natural shoreline features. In addition to protecting natural resources, these Standards are intended to minimize future public expenditures and liability on issues caused by the improvement or alteration of land and waters. Surface Water Page 473 3 RELATIONSHIP WITH MUNICIPALITIES AND COUNTY The Scott WMO recognizes that the control and determination of appropriate land use is the responsibility of the Local Units of Government (LGUs; i.e., municipalities and the county). The Scott WMO also intends that permitting and enforcement of these Standards will be the responsibility of the LGUs. LGUs are responsible for adopting Local Water Plans (LWP) that implement the Scott WMO Comprehensive Water Resource Management Plan. The Cities are the LGUs within their corporate limits. Since the County is the planning and zoning authority in the unincorporated area, the County is therefore responsible for the Local Water Plan in the unincorporated area and is considered the LGU for the unincorporated area. LGUs that have an adopted Local Water Plan with rules and procedures equivalent to the Scott WMO Standards will be responsible for permitting and enforcement of the Standards. Until such time as the LGUs have equivalent Standards and procedures, the Scott WMO will play a direct role in projects and permit activities, as appropriate. An LGU can choose to adopt the Scott WMO Comprehensive Water Resources Management Plan without local specifications and defer to the Scott WMO for review, approval, inspection, and enforcement, provided that a fee structure for these services is in place. Equivalency of Local Water Plans and associated ordinances will be determined according to the process in MN Statutes Chapter 103B and the Scott WMO Comprehensive Water Resource Management Plan (as amended). To determine equivalency the WMO will evaluate how the LGU’s LWP, rule and ordinances: 1. Follow the policies and achieve the standards and goals of the WMO as articulated in the Scott WMO Comprehensive Water Resource Management Plan (as amended), and the criteria of the Scott WMO Standards (as amended); 2. Provide for the maintenance and long term protection and operation of facilities and improvements constructed and/or permitted by the LGUs; 3. Provide the ability for the LGUs to enforce, monitor and inspect facilities, and improvements; 4. Incorporate public involvement and comment in the development of their LWP, rules and ordinances; and 5. Coordinate the LWP with other Comprehensive Land Use Planning and official controls for managing growth within the LGU. LGUs may adopt more restrictive standards. In addition, the Scott WMO recognizes that LGUs have different authorities and different ways of implementing programs that will necessitate language and varying approaches than presented in the following Standards. For those LGUs that assume the authority to administer and enforce their LWP, the Scott WMO reserves the right to make inspections to view the actions of municipalities and the county in order to make sure Surface Water Page 474 4 the Comprehensive Water Plan and these Standards are being followed. The Scott WMO also reserves the right to audit project approvals and permits by LGUs in order to assess conformance with WMO policies, standards, objectives and criteria. Once, an equivalency finding has been made, or LWP approved, the WMO will enter into a Memorandum of Understanding (MOU) with the LGU to transfer some or all of the WMO’s permitting authority to the LGU. The MOU will specify the responsibilities of the LGU and the WMO, including notification and reporting requirements, auditing requirements, and variance procedures. If the LGU fails to properly implement an adopted Local Water Plan, the Scott WMO may revoke the Local Plan Approval, administer rules to enforce the standards within that LGU, and the WMO will not be responsible for liabilities, costs and damages caused by the lack of proper implementation. The Scott WMO encourages LGUs to review required Erosion Control, Resource Management and/or Stormwater Management plans under these Standards for new development and redevelopment as early as possible in the sketch plan/concept plan review process prior to the preliminary plat approval process or site plan approval process. The Scott WMO desires to provide technical advice to the municipalities and the county in the preparation of local stormwater/resource management plans and the review of projects that may affect water resources prior to investment of significant public or private funds. Surface Water Page 475 5 A. STANDARD A - DEFINITIONS For the purposes of these Standards, unless the context otherwise requires, the following words and terms shall have the meanings set forth below. References in these Standards to specific sections of the Minnesota Statutes or Rules include amendments, revisions or recodifications of such sections. The words “shall” and “must” are mandatory; the word “may” is permissive. Agricultural Activity – The use of land for the growing and/or production and wholesale distribution of field crops, livestock, and livestock products for the production of income or own use, including but not limited to the following: 1. Field crops, including but not limited to, barley, beans, corn, hay, oats, potatoes, rye, sorghum, and sunflowers. 2. Livestock, including but not limited to, dairy and beef cattle, goats, sheep, hogs, horses, poultry, game birds and other animals including deer, rabbits and mink. 3. Livestock products, including but not limited to, milk, butter, cheese, eggs, meat, fur and honey. 4. Trees, shrubs, bushes, and plants for wholesale distribution. 5. Sod farming 6. Orchards 7. Other actions associated with the agricultural activities above, such as, but not limited to: clearing, grubbing, tilling, and construction and maintenance of site access points. Agricultural Preserve – A land area created and restricted according to Minnesota Statute 473H.05 to remain in agricultural use. Alteration or Alter – When used in connection with public waters or wetlands, is any activity that will change or diminish the course, current or cross-section of public waters or wetlands. Applicant – Any person, owner, corporation or political subdivision that submits an application to a Local Unit of Government (LGU) for a permit under these Standards. Best Management Practices or BMPs – Techniques proven to be effective in controlling runoff, erosion and sedimentation including those documented in the Minnesota Construction Site Erosion and Sediment Control Planning Handbook (BWSR, 1988); Protecting Water Quality in Urban Areas (MPCA, 2000); the Minnesota Urban Small Sites BMP Manual (Metropolitan Council 2001); The Minnesota Stormwater Surface Water Page 476 6 Manual (2005) and other sources as approved by the Scott Watershed Management Organization: as such documents may be amended, revised or supplemented. Bluff – A topographic feature such as a hill, cliff, or embankment in which the average grade of any portion of the slope is 30 percent or greater and there is at least a 25-foot rise in elevation. (See Guidance Manual for diagram depicting a defined bluff, bluff face, bluff impact zone, top of bluff and toe of bluff) Bluff Overlay District – The Overlay District shown on the attached Map 1: “Bluff Overlay Districts of the Scott WMO” where potential bluffs exist. Only the areas identified as being located in a Bluff Overlay District as identified on Map 1 are subject to these requirements. Bluff Face – The area between the toe of the bluff and the top of the bluff. Bluff Impact Zone – A 25-foot zone at the top of a bluff, as defined Bluff, Toe of – The point at the lower part of the bluff where the average slope levels off to 18 percent or less over a 50 foot segment or where there is a clearly identifiable break in the land from steeper land above to a gentler slope below the break. Bluff, Top of – The point where there is a clearly identifiable break in the land, from steeper land below the break to a gentler slope above the break. If a break is not apparent, the top of the bluff is determined to be the higher point of a 50-foot segment with an average slope exceeding 18 percent. Buffer – An area of natural, unmaintained, vegetated ground cover abutting or surrounding a watercourse, public waters wetland, or wetland. BWSR – The Minnesota Board of Water and Soil Resources. Commissioners – Appointed members of the Watershed Board or the Watershed Planning Commission. Compensatory Storage – Excavated volume of material below the floodplain elevation required to offset floodplain fill. Comprehensive Plan – The Scott County Comprehensive Plan as amended. Comprehensive Water Resource Management Plan – The watershed management plan for the Scott Watershed Management Organization adopted and implemented in accordance with Minnesota Statutes, section 103B.231. Construction Activity – Is a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated Surface Water Page 477 7 storm water runoff, leading to soil erosion and the movement of sediment into surface waters or drainage systems. The use of land for new and continuing agricultural activities shall not constitute a construction activity under these Standards. Conveyance System – Is any storm sewer, culvert, pipe, manmade ditch, natural channel, pumping facility and forcemain intended to carry stormwater across or through a parcel of land undergoing subdivision or land disturbing activity. County – Scott County, Minnesota Dead Storage – The permanent pool volume of a water basin, detention basin or pond, or retention basin or pond or the volume below the runout elevation of a water basin, detention basin or pond, or retention basin or pond. Detention Basin – Any natural or manmade depression for the temporary storage of runoff. Development – The construction of any public improvement project, infrastructure, structure, street, or road, or the subdivision of land. Dewatering – The removal of water for construction activity. DNR – The Minnesota Department of Natural Resources Drain or Drainage – Any method for removing or diverting water from waterbodies, including excavation of an open ditch, installation of subsurface drainage tile, filling, diking or pumping. Easement – The right to use the land of another owner for a specified use. An easement may be granted for the purpose of constructing and maintaining walkways, roadways, individual sewage treatment systems, utilities, drainage, driveway, and other uses. Energy Dissipation – Methods employed at pipe outlets to prevent erosion including but not limited to: concrete aprons, riprap, splash guards, and gabions. Erosion – The wearing away of the ground surface as a result of wind, flowing water, ice movement. These processes are accelerated and intensified during land disturbing activities. Erosion and Sediment Control Plan – A plan of BMPs or equivalent measures designed to control runoff and erosion and to retain or control sediment on the land during the period of land disturbing activities in accordance with the standards set forth in Standard E. Excavation – The artificial removal of soil or other earth material. Surface Water Page 478 8 Fill – The deposit of soil or other earth material by artificial means. Final Stabilization – Stabilizing a disturbed site and establishing vegetation to 70% of the background vegetation condition. Flood Fringe – the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for communities in Minnesota. In Minnesota, typically the area of the floodplain that can be filled or used without raising the regulatory floodplain elevation by more than ½-foot. Floodplain – The area adjacent to a waterbody that is inundated during a 100-year flood (i.e., one percent annual chance flood). Floodway – the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Green Acres – Real property or real estate that qualifies as agricultural property having agricultural use under Minnesota Agricultural Property Tax Law, Minnesota Statute 273.11. Hardship – As defined in Minnesota Statues, Chapter 394. Highly Susceptible Wetland Type – A wetland characterized as a sedge meadow; open or coniferous bog; calcareous fen; low prairie; coniferous or hardwood swamp; or seasonally flooded wetland. Hydric Soils – A soil that formed under conditions of saturation, flooding or ponding long enough during the growing season to develop anaerobic conditions in the upper part. Impervious Surface – A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increases rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt or gravel roads. Infiltration Area – A stormwater retention method for the purpose of reducing the volume of stormwater runoff by transmitting a flow of water into the ground through the earth’s surface. Infrastructure – The system of public works for a county, state, or municipality or private entity including, but not limited to, structures, roads, bridges, culverts, sidewalks; stormwater management facilities, conveyance systems and pipes; pump stations, sanitary sewers and interceptors, hydraulic structures, permanent erosion control and stream bank protection measures, water lines, gas lines, pipelines, electrical lines and associated facilities, and phone lines, telecommunications facilities and supporting facilities. Surface Water Page 479 9 Land Disturbing Activity – Any change of the land surface to include removing vegetative cover, excavation, fill, grading, stockpiling soil, and the construction of any structure that may cause or contribute to erosion or the movement of sediment into waterbodies. The use of land for new and continuing agricultural activities shall not constitute a land disturbing activity under these Standards. Landlocked Basin – A basin that is one acre or more in size and does not have a natural outlet at or below the existing flood elevation as determined using the Simplified Hydrologic Yield Method in Appendix B. Least Susceptible Wetland Type – A wetland characterized as a gravel pit, cultivated hydric soil, dredged material or fill, or material disposal site. Low Entry – The elevation at which surface water would begin to enter a structure through a window, door, or other opening in the structure. Low Floor – The finished surface of the lowest floor of a structure. Major Watershed – One of the 87 major watershed units delineated by the map titled State of Minnesota Watershed Boundaries, 1979, produced by the Minnesota Department of Natural Resources as included in the Wetland Conservation Act Rules 8420.0549. Major Waterways – Intermittent and perennial streams defined as public waters as shown on Map 2 attached to these standards. Mining – The extraction of sand, gravel, rock, black dirt, peat, soil and other material from the land surface and the removal thereof from the site. Moderately Susceptible Wetland Type – A wetland characterized as shrub-carr, alder thicket; fresh wet meadow not dominated by reed canary grass; or shallow or deep marsh not dominated by reed canary grass, cattail, giant reed or purple loosestrife. Municipality – Any city or township wholly or partly within the Scott Watershed Management Organization. NRCS – The Natural Resource Conservation Service. Surface Water Page 480 10 Normal Water Level (NWL) – For a reservoir with a fixed overflow, means the lowest crest level of that overflow. For a reservoir whose outflow is controlled wholly or partly by movable gates, siphons or other means, it is the maximum level to which water may rise under normal operating conditions, exclusive of any provision for flood surcharge. For a closed depression wetland, it is the maximum level to which the water may rise under normal precipitation conditions exclusive of any provision for flood surcharge. Nonpoint Source – Nutrient and pollution sources not discharged from a single point e.g. runoff from agricultural fields, feedlots or urban streets. NPDES – National Pollutant Discharge Elimination System, a type of permit regulating surface water discharges enabled under the Clean Water Act, and in Minnesota administered by the Minnesota Pollution Control Agency. NPDES General Construction Permit – The General Permit Authorization to Discharge Stormwater Associated with Construciton Activity Under the National Pollutant Discharge Elimination System/State Disponsal System Program, Permit No: R100001 issued by the Minnesota Pollution Control Agency August 1, 2013 (as amended). Ordinary High Water (OHW) Level – “Ordinary high water level” is determined by the DNR and means the boundary of water basins, watercourses, public waters, and public waters wetlands, and: 1. The ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; 2. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and 3. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Outlot – A parcel of land that is platted without any rights to construct a structure. The parcel must be further subdivided or replatted to obtain building rights. Owner – Any individual, firm, association, partnership, corporation, trust or any other legal entity having proprietary interest in the land. Parcel – A parcel of land designated by plat, metes and bounds, registered land survey, auditors subdivision or other accepted means and separated from other parcels or portions by its designation. Surface Water Page 481 11 Permittee – The person or political subdivision in whose name a permit is issued pursuant to these Standards. Person – Any individual, trustee, partnership, unincorporated association, limited liability company or corporation. Political Subdivision – “Political subdivision” means a county, city, town, school district, or other local government jurisdiction to which the state provides state aids or on which the state imposes state mandates. Public Health and General Welfare – Are defined in Minnesota Statutes, Section 103D.011, Subdivisions 23 and 24. Public Improvement Project – A public road or utility project that provides a common benefit to the community (such as, but not limited to: collector and arterial roads, sanitary sewers, watermain, and trunk stormwater facilities) and may be included in an approved Capital Improvement Plan or Transportation Plan of an LGU. Public Waters – Any waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. Public Waters Wetlands − “Public waters wetland” means all types 3, 4, and 5 wetlands, as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), not included within the definition of public waters, that are ten or more acres in size in unincorporated areas or 2-1/2 or more acres in incorporated areas. Redevelopment – The rebuilding, repair or alteration of a structure, land surface or facility which creates less than 1 acre of new impervious surface, involves greater than 1 acre of land disturbance, and for which over 50 percent of the parcel involved is disturbed by a land disturbing activity. Note: for the purposes of these Standards if an activity creates more than 1 acre of new or additional impervious surface the activity is considered new development and exceptions in these Standards for redevelopment do not apply to the increased (new) impervious surface. Retention – The prevention of direct discharge of stormwater runoff into receiving water; examples include systems which discharge through percolation, exfiltration, and evaporation processes and which generally have residence times less than three days. Runoff – Rainfall, snowmelt or irrigation water flowing over the ground surface. Sediment – The solid mineral or organic material that is in suspension, is being transported, or has been moved from its original location by erosion and has been deposited at another location. Surface Water Page 482 12 Sedimentation – The process or action of depositing sediment. Shoreland District – Shoreland areas regulated by a local municipal or county Shoreland Ordinance, or by Minnesota Statues 103F. Generally Shoreland District consists of land located within a floodplain, within 1,000 feet of the OHW of a public water or public waters wetland, or within 300 feet of a stream or river. Slightly Susceptible Wetland Type – A wetland characterized as a floodplain forest; fresh wet meadow dominated by reed canary grass; or a shallow or deep marsh dominated by reed canary grass, cattail, giant reed or purple loosestrife. Stabilized – The exposed ground surface has been covered by appropriate materials such a mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization without appropriate cover materials. Standard – A preferred or desired level of quantity, quality or value. Stormwater Detention Pond – A natural or created ponding area that provides temporary storage of excess stormwater for the purpose of attenuating the peak rate of runoff by controlling the rate of pond discharge. Ponding areas that drain completely between storm events are dry detention ponds. Ponding areas that provide temporary storage in combination with a permanent wet pool are wet detention ponds. Stormwater Management Facility – Includes all manmade features constructed at any time for the purpose of managing the conveyance of water and/or providing rate control, water quality, or volume control benefits. This includes, but is not limited to, storm sewer, culverts, ditches, detention and retention ponds, and infiltration basins, both existing and newly constructed. Stormwater Management Plan – A plan for the permanent management and control of runoff prepared and implemented in accordance with Standard C. Stormwater Quality Pond – A created ponding area per W. W. Walker (1987) criteria; which provides a permanent pool for the purpose of sediment and pollutant removal to reduce water quality impacts of urban development. Stormwater Retention Pond – A natural or created ponding area which provides permanent storage of excess stormwater for the purpose of attenuating the peak volume of runoff, from which the only release of flow is by infiltration or evaporation. Structure – Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, water and storage systems, and parking lots. Surface Water Page 483 13 Subdivision – The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or outlots. Surface Water – All streams, lakes ponds, marshes, wetlands, reservoirs, spring, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. SWCD – The Scott Soil and Water Conservation District. Water Basin – An enclosed natural depression with definable banks capable of containing water that may be partly filled with public waters. Waterbody − All surface waters, water basins, watercourses and wetlands as defined in these Standards. Watercourse – Any natural or improved stream, river, creek, ditch, channel, culvert, drain, gully, swale or wash in which waters flow continuously or intermittently in a definite direction. Waters of the State – All stream, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. Watershed – A region draining to a specific watercourse or water basin. Wellhead Protection Plan – A document that provides for the protection of a public water supply, submitted to the Minnesota Department of Health, is implemented by the public water supplier, and complies with: A) the wellhead protection elements specified in the 1986 amendments to the Federal Safe Drinking Water Act, United States Code, title 42, chapter 6A, subchapter XII, part C, section 300h-7 (1986 and as subsequently amended); and B) Minnesota Rules parts 4720.5200 to 4720.5290. Wetland – Any wetland as defined in Minnesota Statutes, section 103G.005, subdivision 19. Wetland Conservation Act or WCA – The Minnesota Wetland Conservation Act of 1991, as amended. Surface Water Page 484 14 B. STANDARD B – GENERAL STANDARDS 1. REGULATION (a) All land disturbing activities, whether requiring a permit under these Standards or otherwise, shall be undertaken in conformance with best management practices and in compliance with the standards and criteria in these Standards. (b) No person shall conduct land disturbing activities without protecting adjacent property and waterbodies from erosion, sedimentation, flooding or other damage. (c) Land disturbing activities shall be planned and conducted to minimize the extent of disturbed area, runoff velocities and erosion potential, and to reduce and delay runoff volumes. Erosion and runoff controls, consistent with Best Management Practices (BMPs), shall be properly installed before commencing land disturbing activities, and sufficient to retain sediment on-site. Erosion and runoff controls shall be regularly inspected and maintained. Vegetation shall be installed over the disturbed areas promptly if the land disturbing activity ceases or is suspended, and upon completion. Pipe outlets must be provided with temporary or permanent energy dissipation if connected to a surface water. (d) When possible, existing natural watercourses and vegetated soil surfaces shall be used to convey, store, filter and retain runoff before discharge into public waters or a stormwater conveyance system. (e) When possible, runoff from roof gutter systems shall discharge onto lawns or other pervious surfaces to promote infiltration. (f) Use of fertilizer and pesticides in the shoreland protection zone shall be done so as to minimize runoff into public waters by the use of earth material, vegetation, or both. (g) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, watercourses and ponds may be used. Preference shall be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and man-made materials and facilities. (h) Whenever the Scott WMO or appropriate Local Unit of Government (LGU) determines that any land disturbing activity has become a hazard to any person, or endangers the property of another, adversely affects water quality or any waterbody, increases flooding, or otherwise violates these Standards, the owner of the land upon which the land disturbing activity is located, or other person or agent in control of such land, upon receipt of written notice from the Scott WMO or the Surface Water Page 485 15 LGU, shall within the time period specified therein repair or eliminate such condition. The owner of the land upon which a land disturbing activity is located shall be responsible for the cleanup and any damages from sediment that has eroded from such land. The Scott WMO or LGU may require the owner to obtain a permit from an LGU under these Standards before undertaking any repairs or restoration. Surface Water Page 486 16 C. STANDARD C – BLUFF STANDARDS 1. REGULATION (a) No person shall develop, redevelop or commence land disturbing activities on bluffs located in the Bluff Overlay District without protecting adjacent property and waterbodies from erosion, sedimentation, flooding or other damage. 2. CRITERIA (a) Minimum WMO Bluff Standards: Unless regulated as part of an approved LWP, any land disturbing activity, development or the redevelopment of land in a Bluff Overlay District shown on “Map 1: Bluff Overlay District of the Scott WMO” (attached to these Standards) shall require a topographic survey to determine if a bluff is present. At its discretion, the LGU or WMO (if permitting has defaulted to the WMO) may waive the topographic survey requirement where a review of the available contour information clearly indicates a bluff is not present. The standards below only apply to those areas as identified on Map 1: Bluff Overlay District of the Scott WMO. Where bluffs are present, the following Standards shall apply: (1) All grading, clear cutting, removal of vegetation and/or other land disturbing activities are prohibited in the Bluff Impact Zone and/or Bluff Face, (2) All structures shall be set back a minimum of 30 feet from the top of bluff, (3) All Individual and Community Sewage Treatment Systems (ISTS or CSTS) shall be set back a minimum of 50 feet from the top of bluff, and (4) All storm water ponds, swales infiltration basins, or other soil saturation-type features shall be set back a minimum of 50 feet from the top of bluff. (b) Standards under an Approved LWP: An LGU can identify certain bluffs in a mapped Bluff Overlay District where land disturbing activity, development or the redevelopment of land is allowed under certain conditions. These bluffs shall be identified and mapped in a Local Water Plan. In determining what bluffs are suitable for land disturbance activity, the LGU shall reference sources such as: Soil Survey, MLCCS, MCBS, etc. The LGU will need to demonstrate to the WMO in its Local Water Plan that any bluff identified for land disturbance activity is not an ecologically sensitive resource. (1) For those bluffs deemed suitable for land disturbance activity in an approved Local Water Surface Water Page 487 17 Plan, the following Standards shall apply: (aa) Grading, clear cutting, removal of vegetation and/or other land disturbing activities may be allowed within the Bluff Impact Zone provided the activity is in compliance with the Local Water Plan’s minimum performance standards. The LWP shall, at a minimum, require the following: (1) The identification of any Bluff Preservation Areas where disturbance would be prohibited by LGU ordinance. (2) The minimum Erosion and Sediment Control (ESC) BMP’s include site stabilization and slope restoration measures needed to ensure the proposed activity shall not result in:  Adverse impact to adjacent and/or downstream properties or water bodies,  Unstable slope conditions, and  Degradation of water quality due to erosion, sedimentation, flooding and other damage as stated in Standard C (2). (3) Prohibit all activities which would result in disturbances or destabilization of the Bluff Face. (4) Preservation of existing hydrology and drainage patterns. Land disturbing activities shall not result in any new water discharge points along the bluff. (bb) The following activities shall be permitted within the Bluff Face, and shall not constitute prohibited activities under Paragraph 2(b)(1)(aa)(3): (1) Maintenance, repair or replacement of public roads, and utility and drainage systems that exist on creation of the Bluff Overlay District. (2) Disturbances that are part of an LGU approved plan to repair, grade or re-slope existing bluff faces that are eroding or unstable as necessary to establish stable slopes and vegetation. (3) Vertical cuts into the bluff face up to 10 vertical feet, measured from the existing top of bluff, provided that no stormwater is directed over the bluff face and stormwater runoff, including roof drainage, is collected and conveyed to a stable discharge point. Surface Water Page 488 18 (4) Plantings that enhance the natural vegetation or the selective clearing of noxious, exotic or invasive vegetation, or the pruning of trees or vegetation that are dead, diseased or pose similar hazards. (2) For those bluffs deemed unsuitable for land disturbance activity and identified for preservation in an approved Local Water Plan, the following Standards shall apply: (aa) All grading, clear cutting, removal of vegetation and/or other land disturbing activities are prohibited in the Bluff Impact Zone and/or the Bluff Face, (bb) All structures shall be set back a minimum of 30 feet from the top of bluff, (cc) All Individual and Community Sewage Treatment Systems (ISTS or CSTS) shall be set back a minimum of 50 feet from the top of bluff, and (dd) All storm water ponds, swales, or other soil saturation-type features shall be set back a minimum of 50 feet from the top of bluff. (c) Standards for LGU-sponsored Projects. The LGU must demonstrate that any LGU proposed activity in the bluff does not: 1) impact adjacent properties, 2) result in unstable slope conditions and, 3) result in the degradation of water bodies from erosion, sedimentation, flooding and other damage as stated in Standard C (2). 3. EXCEPTIONS (a) Where the LGU has determined mining is appropriate, mining activities shall be exempt from paragraph 3. Criteria (a) and (b) provided that: (1) an extractive use site development and restoration plan is developed, approved by the local government, and followed over the course of the project; (2) the mining operation is conducted in such a manner as to minimize interference with the surface water drainage outside of the boundaries of the mining operation; (3) that erosion and sediment control is provided in a manner consistent with paragraph 2. Regulation (a), (b), (c), (d), (g), and (h) of this Standard; and (4) the landowner complies with all other applicable state and local regulations governing mining. Surface Water Page 489 19 (b) Disturbances, grading or re-grading of abandoned mine slopes necessary to establish stable slopes and vegetation are exempt from paragraph 3. Criteria (a) and (b). (c) For the purposes of constructing Public Improvement Projects, as defined under these Standards, land disturbances in the Bluff Impact Zone and Bluff Face may be permitted providing the project Proposer demonstrates to the LGU or Scott WMO (if permitting has defaulted to the WMO) an appropriate need for these activities to occur and that avoidance and minimization sequencing was followed. (d) Maintenance, repair or replacement of public roads, and utility and drainage systems that exist on creation of the Bluff Overlay District. (e) Disturbances that are part of an LGU approved plan to repair, grade or re-slope existing bluff faces that are eroding or unstable as necessary to establish stable slopes and vegetation. (f) Plantings that enhance the natural vegetation or the selective clearing of noxious, exotic or invasive vegetation, or the pruning of trees or vegetation that are dead, diseased or pose similar hazards. Surface Water Page 490 20 D. STANDARD D - STORMWATER MANAGEMENT 1. REGULATION No person or political subdivision shall commence a land disturbing activity or the development or redevelopment of land that creates 1 (one) or more acres of new impervious surface, unless specifically exempted by Section 8 of this Standard page 36, without first obtaining an approved Stormwater Management Plan and permit from the appropriate LGU or the Scott WMO (if permitting has defaulted to the WMO). 2. CRITERIA Stormwater management plans shall comply with the following criteria: (a) A hydrograph method based on sound hydrologic theory will be used to analyze runoff for the design or analysis of flows and water levels. (b) Runoff rates for the proposed activities, development or redevelopment within the seven cities (City of Savage, City of Shakopee, City of Prior Lake, City of Jordan, City of Belle Plaine, City of Elko New Market, and the City of New Prague,) shall: (1) Not exceed existing runoff rates for the 2-year, 10-year and 100-year critical duration storm events; (2) Not accelerate on or off-site water course erosion, downstream nuisance, flooding or damage as demonstrated by the applicant according to paragraph 2(d) of this Standard below; and (3) Runoff rates may be restricted to less than the existing rates when necessary for the public health, safety and general welfare of the Scott WMO. (c) Runoff rates for the proposed activities in unincorporated areas shall: (1) Not exceed pre-settlement runoff rates for the 2-year, 10-year and 100-year critical duration storm events for land areas currently within unincorporated areas of the Scott WMO (Note: As land is annexed into a city, the land being annexed carries with it the existing condition. Parcels developed after the date of this Standard within unincorporated areas will be regulated using pre-settlement conditions and this would then become the existing condition for the city once the area is annexed. If agricultural land is annexed, agriculture is the existing condition. If roads or streets are present they are part of the existing condition.) Surface Water Page 491 21 The following curve numbers shall be used to analyze pre-settlement conditions: Hydrologic Soil Group Runoff Curve Number A 30 B 55 C 71 D 77 For post-development runoff, drained hydric soils shall be assumed to revert to an undrained condition unless the applicant demonstrates that publicly owned and maintained drainage facilities will be adequate to maintain the drained condition. (2) Not accelerate on or off-site water course erosion, downstream nuisance, flooding or damage as demonstrated by the applicant according to paragraph 2(d) of this Standard below; and (3) Runoff rates may be restricted to less than the presettlement rates when necessary for the public health, safety and general welfare of the Scott WMO. (4) In situations where the smallest practical outlet as identified by the LGU or Scott WMO (when permitting has defaulted to the Scott WMO) is being used and the site will not meet the 2-year discharge rates as identified in the pre-settlement conditions, the site discharge may exceed the pre-settlement 2-year discharge rate if the volume of the 2-year critical duration event being discharged is less than existing 2-year discharge volume from the site and the assessment required in paragraph 2(d) below is provided and shows no impacts from the increased discharge rate. (d) An assessment of the potential for adverse impacts downstream of site improvements, whether on- or off-site, is required except when the proposed activity, development or redevelopment is less than 20 acres and less than 8 percent of the project area is covered by impervious surface, or when the rate control provisions of paragraphs 2(b) and 2(c) of the Standard, as applicable, are met; and the proposed activity, development or redevelopment does not increase runoff volume from the existing condition for the 2-year critical duration event (not including snow melt). To demonstrate that the proposed activity does not accelerate on or off-site erosion, downstream nuisance, flooding or damage, the applicant must complete an evaluation downstream to the point where the proposed activity is 10 percent of the drainage area (e.g. a 10 acre development must evaluate downstream to the point where the drainage area is 100 acres). The evaluation at a minimum must consist of an assessment of: Surface Water Page 492 22 (1) Potential impacts to areas surrounding landlocked lakes or ponds, or lakes or ponds with inadequate outlets where flood levels would be increased by added runoff volume. (aa) Evaluations must include: (1) An assessment of water levels in the water body resulting from the contributing watershed’s full annual runoff yield during a 100-year wet year using the Simplified Hydrologic Yield Method (SHYM) (See Scott WMO Standards Guidance), or more rigorous methods for back to back 100-year critical events, for both existing conditions and fully developed watershed conditions; and (2) The identification of public and private structures (including low floor and entry elevations of residences, and individual sewage treatment systems (ISTS)), and infrastructure (sanitary sewer, stormwater pipes and facilities, and roads) surrounding the water body and located within 2 vertical feet of the future conditions water level elevation predicted using the SHYM, or the elevation for the back to back 100-year critical event. (bb) If there are public or private structures or infrastructure located within 2 vertical feet of the future conditions SHYM, or back to back 100-year critical event elevation, the applicant or LGU must demonstrate that no adverse impacts to health, safety and welfare, or property damage, would occur; or provide corrective actions. Corrective actions shall include the following as necessary to mitigate in proportion to the proposed project impact: (1) Controlling post-development runoff volumes at existing conditions; (2) Controlling runoff rates to less than existing conditions for cities described in Paragraph 2(b) of this Standard, or to less than pre-settlement rates for unincorporated areas (Paragraph 2(c) of this Standard); (3) Protecting or re-locating impacted structures or infrastructure, or securing easements for additional flooded areas; or (4) Other actions necessary to mitigate the impact. (2) Potential impacts to downstream infrastructure, public and private structures, and erosion along the drainage path and downstream public waters. (aa) Evaluations must include: Surface Water Page 493 23 (1) The identification of existing public and private drainage easements; (2) The locations, condition, and dimensions of the existing drainage infrastructure; (3) The location and elevation of structures with low floors, or entries within 2 vertical feet of the 100-year critical storm flood level; (4) The location and description of known existing flooding problems; and (5) A hydrologic and hydraulic assessment of flooding impacts of the proposed project on downstream public and private structures. (6) An assessment of existing and potential watercourse erosion, bank stability, bank protection, and watercourse slope; (7) An assessment of the hydrologic and hydraulic capacity of the downstream public and private infrastructure; (8) An assessment of property damages; and health, safety and welfare impacts relative to increased flooding of public and private infrastructure. Minnesota Department of Transportation guidelines shall be used to assess safety of flood levels at downstream driveways and road crossings. (9) Provide photographic documentation of the status of the downstream drainage system for records that can be referred to in the years after the site is completed. (bb) If property damage, erosion, public health, safety and welfare impacts are identified the applicant must provide corrective action. Corrective actions shall include the following as necessary to mitigate in proportion to the proposed project impact: (1) Actions described in Paragraph 2(d)(1)(bb) of this Standard; (2) Obtaining easements; (3) The installation of stream bank stability and protection measures; (4) The upgrading, protecting or re-locating impacted infrastructure; or (5) Other actions necessary to mitigate the impact. Surface Water Page 494 24 (3) Potential impacts to wetlands with exceptional vegetative diversity functional value (see Standard G for determination of Exceptional value wetlands). (aa) Evaluation must include: (1) Delineation and functional assessment of wetlands according to Standard G; (2) A hydrologic and hydraulic analysis of the before and after project water level bounce and period of inundation for wetlands with exceptional vegetative diversity for the 1-year, 2-year and 10-year critical duration events. (bb) The applicant must provide corrective actions that mitigate in proportion to the proposed project impact as specified in Paragraph 2(d)(3)(cc) of this Standard; if the water level bounce and period of inundation created by the storms evaluated in Paragraph 2(d)(3)(aa)(2) of this Standard exceeds the limit specified in the following table. (cc) Corrective actions shall consist of runoff rate and volume controls necessary to keep the water level bounce and period of inundation within the limits specified in the following table. (e) The minimum design capacity of all drainage systems shall accommodate the runoff from a 10- year storm event. All drainage systems and facilities shall be designed to withstand the runoff from the critical one hundred 100-year event or accumulative antecedent conditions without damage to the system or facility, downstream areas and/or significant risk to public health, safety and welfare unless waived in accordance with paragraph 3(c ) of this Standard. Hydroperiod standard Highly susceptible wetlands* Moderately susceptible wetlands* Slightly susceptible wetlands* Least- susceptible wetlands* Storm Bounce 1 & 2-year events Existing Existing plus 0.5 feet Existing plus 1.0 feet No limit Period of Inundation for 1 & 2-year events Existing Existing plus 1 day Existing plus 2 days Existing plus 7 days Period of inundation for 10-year event Existing Existing plus 7 days Existing plus 14 days Existing plus 21 days * See Standard A Definitions. Surface Water Page 495 25 Source: Storm Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Stormwater and Snow Melt Runoff on Wetlands. June 1997. State of Minnesota Stormwater Advisory Group. (f) Regional detention basins shall be utilized to manage peak flow rates and runoff volumes, and meet water quality objectives when feasible. On-site detention basins, volume control facilities, and permanent sedimentation and water quality ponds will be utilized for land disturbing activities, the development or redevelopment of land that creates greater than 1 acre of impervious surface when regional basins are not in place or feasible, or would not otherwise met requirements for the protection of downstream areas according to Paragraph 2(d) of this Standard that are located between the project and the regional basin. (g) The LGU may approve alternative BMPs instead of permanent sedimentation and water quality ponds if it finds that the water quality performance of the proposed alternative BMPs is equivalent to that of a permanent sedimentation and water quality pond designed according to the criteria set forth for permanent sedimentation and water quality ponds in Paragraph 2(k) of this Standard below. The generally accepted performance of permanent sedimentation and water quality ponds designed to these criteria is 80% Total Suspended Solids removal on an annual average basis. The assumed performance for the BMPs shall be based on information from independent laboratory work, studies, or reference materials including the Minnesota Urban Small Sites BMP Manual (Metropolitan Council 2001), or The Minnesota Stormwater Manual (2005), as such manuals may be amended, revised or supplemented. The LGU may require monitoring of alternative practices and contingency plans similar to the requirements for the General Permit Authorization to Discharge Storm Water Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MN R100001 (NPDES General Construction Permit) issued by the Minnesota Pollution Control Agency, August 1 2003, as amended. (h) Analysis of flood levels, storage volumes and flow rates for waterbodies and detention basins shall be based on the range of rainfall and snow melt durations producing the critical flood levels and discharges. (i) Landlocked water basins may be provided with outlets if an outcome based analysis and resource oriented management review regarding downstream impacts is completed that demonstrates that: (1) A hydrologic regime is maintained that complies with Standards G and I; (2) Dead storage is provided to retain the fully developed future conditions SHYM predicted water volumes, or the back to back 100-year critical event water volume, above the highest anticipated groundwater elevation to the extent possible while preventing damage to property adjacent to the basin; Surface Water Page 496 26 (3) The outlet does not create adverse downstream flooding or water quality conditions, or materially affect stability of downstream watercourses according the criteria in Paragraph 2(d) of this Standard; (4) Proposed development tributary to the land-locked basin has incorporated runoff volume control practices to the extent practical; (5) There is a demonstrated need for an outlet to protect existing structures and infrastructure; and (6) The outlet design is part of an approved comprehensive local water management plan. (j) Detention basins shall be designed to provide: (1) An outlet structure to control the 2-year, 10-year and 100-year critical storm events to runoff rates specified in Paragraphs 2(b) and 2(c) of this Standard; (2) An identified overflow spillway and downstream route sufficiently stabilized to convey a 100-year critical storm event; (3) A normal water elevation above the OHW of adjacent waterbodies or normal water level (NWL) where an OHW is not established; and (4) Access for future maintenance. (k) Permanent stormwater quality management must be provided in accordance with the NPDES General Construction Permit No: MN R100001 (as amended). (l) Unless a municipality or the county have an approved LWP prescribing a minimum low floor elevation, any new residential, commercial, industrial and other habitable structures shall be constructed with the following low floor elevation: (1) In the case of a land-locked basin, the low floor elevation shall be the lesser of 3 feet above the surveyed basin overflow; or 3 feet above the high water level of the basin as determined from an estimate using the SHYM (See Scott WMO Standards Guidance), or 100-year back to back events, under full build-out conditions for the contributing watershed. (2) Where the 100-year flood level has been established, low floor elevations shall be at least 1 foot above the 100-year flood level. Surface Water Page 497 27 (3) For public waters and public water wetlands [DNR protected water bodies] where the 100- year flood level has not been established, low floor elevations shall be at least 3 feet above the ordinary high water level (OHW). (4) In all other cases, the low floor elevation shall be at least 3 feet above the highest known water level. (5) All new structures must have a certificate of survey supplied by the applicant for the LGU or Scott WMO (if permitting has defaulted to the WMO) that clearly identifies the as-built low floor elevation and low entry elevations. Low floor elevations and low entry elevations must comply with the approved development plans, where applicable. 3. WAIVERS (a) Design for the 100-year actual storm event required per Paragraph 2(e) of this Standard may be waived for limited use, low maintenance road crossings. 4. EXHIBITS LGUs shall require the submittal of exhibits with an application necessary for review and determination of compliance with this Standard. 5. MAINTENANCE All stormwater management structures and facilities shall be maintained in perpetuity to assure that the structures and facilities function as originally designed. The responsibility for maintenance shall be assumed either by the city, township or county with jurisdiction over the structures and facilities, or by the applicant entering into a compliance agreement, such as a developers agreement, with the LGU. 6. EASEMENTS The applicant shall establish, in a form acceptable to the LGU, temporary and perpetual easements, or dedicated outlots, for ponding, flowage and drainage purposes over all components of the stormwater management plans and stormwater management facilities, including but not limited to all wetlands, waterbodies, stormwater basins, ditches, including features that previously existed and new stormwater management facilities that are being newly constructed.. The easements, or outlots, shall include the right of reasonable access for inspection, monitoring, maintenance and enforcement purposes. 7. COVENANTS The LGU may require that the land be subjected to restrictive covenants or a conservation easement, in form acceptable to the LGU, to prevent the future expansion of impervious surface and the loss of infiltration capacity. Surface Water Page 498 28 8. EXCEPTIONS No permit or stormwater management plan shall be required under this Standard for the following land disturbing activities: (a) Minor land disturbing activities such as home gardens, repairs and maintenance work, including reseeding or sodding as necessary. (b) Construction, installation and maintenance of individual sewage treatment systems. (c) Construction, installation and maintenance of public utility lines or individual service connections unless the activity disturbs more than one acre. (d) Construction of any structure or associated land disturbing activity on an individual parcel in a subdivision with a stormwater management plan approved by the LGU, so long as any land disturbing activity complies with the approved plan. (e) Development or redevelopment of, or construction of a structure on, an individual parcel with a land disturbing activity that does not cause off-site erosion, sedimentation, flooding or other damage. (f) Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles. (g) Emergency activity necessary to protect life or prevent substantial harm to persons or property. (h) Redevelopment projects are exempt from criteria in Paragraphs 2(b)(i.e., rate control in cities), 2(c)(i.e., rate control in unincorporated areas), and 2(k)(i.e., runoff volume controls) of this Standard. Note: for the purposes of this Standard if an activity creates more than 1 acre of new or additional impervious surface the activity is considered new development and the exception does not apply to the increased (new) impervious surface. (i) All land disturbing activities not required by this Standard to obtain a permit or have an approved stormwater management plan shall nevertheless be conducted in full compliance with Standard C. Surface Water Page 499 29 E. .Standard E − EROSION AND SEDIMENT CONTROL 1. REGULATION No person or political subdivision shall commence a land disturbing activity, unless specifically exempted by Paragraph 7 of this Standard below, without first obtaining a permit from a Local Unit of Government (LGU) or Scott WMO (if permitting has defaulted to the WMO) that incorporates and approves an erosion and sediment control plan for the activity, development or redevelopment. 2. CRITERIA Erosion and sediment control plans and the land disturbing activity shall comply with the following criteria: (a) Erosion and sediment control measures shall be consistent with Best Management Practices (BMPs), and shall be sufficient to retain sediment on-site. (b) All erosion and sediment controls shall be installed on all down gradient perimeters before commencing the land disturbing activity, and shall not be removed without LGU approval or approval of a Certificate of Completion pursuant to Standard B paragraph 12. (c) When a proposed land disturbing activity if equal to or greater than 1 acre erosion and sediment control measures shall meet the requirements of the NPDES General Construction Permit No. MN R100001 issued by the Minnesota Pollution Control Agency, August 1 2013, as amended; except where more specific requirements are provided in paragraphs 2(d) and 2(e) of this Standard below. (d) If the activity is taking place on a site where the soils are currently disturbed (e.g. a tilled agricultural site that is being developed), areas that will not be disturbed as part of the development and areas that will not be disturbed according to the time frames and slopes specified in the NPDES General Construction permit Part IV, shall be seeded with temporary or permanent cover before commencing the proposed land disturbing activity. (e) Where five (5) or more acres of disturbed soil drain to a common location, a temporary (or permanent) sediment basin must be provided prior to the runoff leaving the site or entering surface waters. The basins must be designed and constructed according to the standards in the NPDES General Construction Permit Part III.C. (f) The permittee or applicant must ensure final stabilization of the site in accordance with the NPDES General Construction Permit requirements. The site will be considered as having Surface Water Page 500 30 achieved final stabilization following submission of Certificate of Completion by the permittee or applicant, and inspection and approval by the LGU as specified in Standard B paragraph 12. (g) All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. 3. EXHIBITS LGUs or Scott WMO shall require the submittal of exhibits with an application necessary for review and determination of compliance with this Standard. 4. MAINTENANCE The permittee shall be responsible for proper operation and maintenance of all erosion and sediment controls, and soil stabilization measures, in conformance with best management practices, and in conformance with the maintenance requirements in the NPDES General Construction Permit. The permittee or applicant is responsible for the operation and maintenance of temporary erosion prevention and sediment control BMPs for the duration of the construction work at the site. The permittee or applicant is responsible until another permittee or applicant has assumed control according to the LGU or Scott WMO (if permitting has defaulted to the WMO) over all areas of the site that have not been finally stabilized or the site has undergone final stabilization, and has received an approved Certificate of Completion in accordance with Standard B paragraph 12. 5. SECURITY Any bond or other security required in accordance with Standard K shall be maintained until final soil stabilization and removal of erosion and sediment controls, and the payment of all fees and other amounts due the LGU. 6. EXCEPTIONS No permit or erosion control plan shall be required under this Standard for the following land disturbing activities: (a) Minor land disturbing activities such as home gardens, repairs and maintenance work. (b) Construction, installation and maintenance of individual sewage treatment systems other than those on steep slopes, on riparian lots within a Shoreland District or in a bluff impact zone. (c) Construction, installation and maintenance of public utility lines or individual service connections unless the activity disturbs more than 1 acre, in which event Paragraph 7(d) of this Standard below shall apply. Surface Water Page 501 31 (d) A land disturbing activity that does not cause off-site erosion, sedimentation, flooding or other damage, and disturbs: (1) In the Shoreland District, an area less than 10,000 square feet or less than 100 linear feet of shoreline; provided that the LGU has adopted an ordinance or procedure for requiring erosion prevention and sediment control BMPs with building permits in a manner consistent with this Standard; or (2) Outside of the Shoreland District, an area of less than 1 acre provided that the LGU has adopted an ordinance or procedure for requiring erosion prevention and sediment control BMPs with building permits in a manner consistent with this Standard. (e) Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles. (f) Emergency activity necessary to protect life or prevent substantial harm to persons or property. (g) Minor wetland impacts that have received a “certificate of exemption or no loss” determination by the LGU administering the Wetland Conservation Act, as amended. (h) All maintenance, repair, resurfacing and reconditioning activities of existing road, bridge, and highway systems which do not involve land disturbing activities outside of the existing surfaced roadway. (i) Land disturbing activities associated with the construction of conservation practices by the SWCD or the Natural Resources Conservation Service (NRCS) provided that erosion prevention and sediment control practices are used in a manner consistent with this Standard. (j) All land disturbing activities not required by this Standard to obtain a permit or have an approved erosion and sediment control plan shall nevertheless be conducted in full compliance with Standard C. Surface Water Page 502 32 F. STANDARD F − FLOODPLAIN ALTERATION 1. REGULATION No person or political subdivision shall alter or fill land, or build a structure, below the 100-year critical flood elevation of any public waters, public waters wetland or other wetland without first obtaining a permit from the appropriate LGU. 2. CRITERIA (a) Floodplain alteration or filling shall not cause a net decrease in flood storage capacity below the projected 100-year critical flood elevation unless it is shown that the proposed alteration or filling, together with the alteration or filling of all other land on the affected reach of the waterbody to the same degree of encroachment as proposed by the applicant, will not cause high water or aggravate flooding on other land and will not unduly restrict flood flows. (b) Where 100-year flood evaluation have been established all new structures shall be constructed with the low floor consistent with the minimum elevations the low floor of structures in Standard D 3(l). Certificates of survey identifying the as-built low floor elevations and low entry elevations must be supplied to the LGU or Scott WMO (if permitting has defaulted to the WMO). (c) A land disturbing activity within a floodplain may require a permit under Standards D and E. (d) An activity that alters or fills a wetland within a floodplain may require a permit under Standard G. 3. EXHIBITS LGUs shall require the submittal of exhibits with an application necessary for review and determination of compliance with this Standard. 4. EXCEPTIONS (a) If a municipality or county has adopted a floodplain ordinance, which prescribes an allowable degree of floodplain encroachment, the applicable ordinance shall govern the allowable degree of encroachment and no permit will be required under this Standard F. (b) A permit is not required, and criteria 2(a) does not apply for fill amounts less than 40 cubic yards in the Minnesota River Floodfringe, or for less than 20 cubic yards in other National Flood Insurance Program Floodfringe areas, and other floodplain areas in the SWMO. This does not provide an exception to Minnesota Department of Natural Resources, or National Flood Insurance Program requirements, or local community requirements that apply in areas covered by the National Flood Insurance Program. Surface Water Page 503 33 G. STANDARD G − WETLANDS 1. REGULATION (a) No person or political subdivision shall drain, fill, excavate or otherwise alter a wetland or public waters wetland without first obtaining the approval of a wetland replacement plan from the local government unit with jurisdiction over the activity. The local government unit for WCA may or may not be the same as the LGU for the implementation of the local water plan. (b) For any parcel created or redeveloped after the effective date of this Standard, a buffer shall be maintained around the perimeter of all wetlands, major watercourses (as shown on Map 2), and public waters wetlands. The buffer provisions of this Standard shall not apply to any parcel of record as of the date of this Standard until such parcel is subdivided or redeveloped and as long as the lots created are eligible for Green Acres or Agricultural Preserve. (c ) The buffer portions of this Standard (paragraph 1(b)) do not apply to any wetland or public waters wetland with a surface area equal to or less than the area of wetland impact allowed without replacement as de minimus under the Wetland Conservation Act (WCA), and to those portions of wetlands that will be filled under approved wetland replacement plans per the Wetland Conservation Act (WCA). 2. CRITERIA (a) Any drainage, filling, excavation or other alteration of a public waters wetland or wetland shall be conducted in compliance with Minnesota Statutes, section 103G.245, the WCA, and regulations adopted thereunder. (b) A public waters wetland or wetland may be used for stormwater storage and treatment only if the use will not adversely affect the function and public value of the wetland as determined by the local government unit. (c) Wetland replacement/mitigation siting shall prioritize on-site mitigation, and shall follow the process set forth in Mn. Rule Chapter 8420.0543. (d) A wetlands functional assessment for vegetative diversity will be completed with each wetland, and public waters wetlands, delineated for a project and buffers established according to the following table. The functional assessment and wetland rankings will be determined using the Minnesota Routine Assessment Method version 3.0 (MnRAM 3.0, as amended). Rankings are summarized as follows. Surface Water Page 504 34 Buffer Requirement Exceptional High Medium Low Major Watercourse Stormwater Ponds Average Buffer Width 65 feet 50 feet 35 feet 25 feet 35 feet 0 Minimum Buffer Width 25 feet 25 feet 25 feet 25 feet 25 feet 0* *Must have a building setback of 10 feet from delineated edge of wetland and elevated as necessary to meet provisions of paragraph 3(1) of Standard D. “Exceptional” Wetland – are wetlands assigned the exceptional rating using MnRAM 3.0 for evaluating wetland functions. These wetlands are most susceptible to human impacts, are most unique, have the highest community resources significance such as rare species habitats, and similar characteristics. “High” Wetland – are wetlands assigned the high rating using MnRAM 3.0 for evaluating wetland functions. These wetlands are relatively undisturbed but exhibit evidence of more disturbance or degradation than Exceptional wetlands. High wetlands have conditions and functions that are susceptible to human impacts, are connected to other wetlands or watercourses, and may contain locally significant or rare wetland types. “Moderate” Wetlands – are wetlands assigned a moderate rating using MnRAM 3.0 for evaluating wetland functions. These wetlands typically provide a diversity of habitats, and are connected to other wetland or upland habitats to provide wildlife habitat. “Low” Wetlands – are wetlands assigned a low rating using the MnRAM 3.0 for evaluating wetland functions. These wetlands tend to be less susceptible to further impacts than the other wetland management classifications. They also have low diversity and connectivity to other wetlands and watercourses. Stormwater Ponds – are designated strictly for treating and retaining stormwater. (e) All structures shall have a minimum set-back of 35 feet from the delineated edge of wetlands and public waters wetlands. (f) The first 25 feet of buffer as measured from the wetland or public waters wetland cannot be disturbed during project construction (i.e., cleared or graded, except for temporary disturbances for public roads and utility construction) and must be protected from disturbance with temporary fencing prior to construction. Vegetation can be replaced and site soils preparation work completed within this first 25 feet if necessary to establish acceptable vegetation in accordance with Paragraph 2(h) of this Standard. (g) Buffers shall apply whether or not the wetland or public waters wetland is on the same parcel as a proposed development. An applicant is required to delineate the boundary for any wetland or Surface Water Page 505 35 public waters wetland on the project land. An applicant shall not be required to delineate wetlands on adjacent property, but must review available information to estimate the wetland boundary. (h) Buffer vegetation shall be established and maintained as follows: (1) Where acceptable natural vegetation exists in buffer areas, the retention of such vegetation in an undisturbed state is required unless an applicant receives approval to replace such vegetation. A buffer has acceptable natural vegetation if it: (aa) Has a continuous, dense layer of perennial grasses that has been uncultivated or unbroken for at least 5 consecutive years; or (bb) Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for at least 5 consecutive years; (cc) Contains a mixture of the plant communities described in Paragraphs 2(h)(1)(aa) and 2(h)(1)(bb) of this Standard above that has been uncultivated or unbroken for at least 5 years; or (dd) Photographic evidence of the buffer condition must be provided for review. (2) Notwithstanding the performance standards set forth in Paragraph 2(h)(1) of this Standard, and LGU may determine existing buffer vegetation unacceptable if: (aa) It is composed of undesirable plant species including but not limited to common buckthorn, purple loosestrife, leafy spurge or noxious weeds; or (bb) It has topography that tends to channelize the flow of runoff; or (cc) For some other reason it is unlikely to retain nutrients and sediment. (3) Where buffers are not vegetated or have been cultivated or otherwise disturbed within 5 years of the permit application, such areas shall be replanted and maintained. The buffer plantings must be identified on the permit application. The buffer landscaping shall comply with the following standards: (aa) Buffers shall be planted with a seed mix approved by MnDOT, BWSR, NRCS or SWCD, with the exception of a one-time planting with an annual nurse or cover crop such as oats or rye. (bb) The seed mix shall be broadcast according to MnDOT, BWSR, NRCS or SWCD specifications of the selected mix. The annual nurse cover crop shall be applied at a minimum rate of 30 pounds per acre. The MnDOT, BWSR, or NRCS seed mix Surface Water Page 506 36 selected for permanent cover shall be appropriate for the soil site conditions and free of invasive species. (cc) Native shrubs may be substituted for native forbs. All substitutions must be approved by the LGU. Such shrubs may be bare root seedlings and shall be planted at a minimum rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. (dd) Any groundcover or shrub plantings installed within the buffer are independent of any landscaping required elsewhere by the LGU. (ee) Grasses and forbs shall be seeded or planted using a method of application that shall be approved by the LGU prior to planting or seeding. (ff) No fertilizer shall be used in establishing new buffers, except on highly disturbed sites when necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. (gg) All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre or as specified by the appropriate agency specifications for the seed mix being used. Mulch shall be anchored with a disk or tackifier. (hh) Buffers (both natural and created) shall be protected by erosion and sediment control measures during construction in accordance with Standard E. The erosion and sediment control measures shall remain in place until the area crop is established. (4) Buffer vegetation shall be established and maintained in accordance with the requirements found in this Paragraph 2(h) of this Standard. During the first 2 full growing seasons, the owner must replant any buffer vegetation that does not survive. The owner shall be responsible for reseeding/or replanting if the buffer changes at any time through human intervention or activities. At a minimum the buffer must be maintained as a “no mow’ area. (i) When a buffer is required the applicant shall, as a condition to issuance of a permit: (1) Submit to the LGU or Scott WMO (if permitting has defaulted to the WMO) for its approval a conservation easement for protection of approved buffers, or include the buffer in a dedicated outlot as part of platting and subdivision approval. The easement shall describe the boundaries of the wetland or public waters wetland and buffer, identify the monuments and monument locations, and prohibit any the alterations set forth in Paragraph Surface Water Page 507 37 2(j) of this Standard below and the removal of the buffer monuments within the buffer, wetland, or public waters wetland. Outlot descriptions shall provide for an equivalent level of protection of the buffer and prohibit any alterations set forth in Paragraph 2(j) of this Standard below. (2) File the approved easement for record and submit evidence thereof to the LGU or Scott WMO (if permitting has defaulted to the WMO), or complete preliminary and final plats including dedicated outlot(s); and (3) Install the monumentation required by Paragraph 2(l) of this Standard below. (j) Subject to Paragraph 2(k) of this Standard below, alterations including building, storage, paving, mowing, plowing, introduction of noxious vegetation, cutting, dredging, filling, mining, dumping, grazing livestock, agricultural production, yard waste disposal or fertilizer application, are prohibited within any buffer. Noxious vegetation, such as European buckthorn, purple loosestrife and reed canary grass, may be removed. Alterations would not include plantings that enhance the natural vegetation or selective clearing or pruning of trees or vegetation that are dead, diseased or pose similar hazards. (k) The following activities shall be permitted with any buffer, and shall not constitute prohibited alterations under Paragraph 2(j) of this Standard above: (1) Use and maintenance of an unimproved access strip through the buffer, not more than 20 feet in width, for recreational access to the watercourse or wetland and the exercise of riparian rights; (2) Placement, maintenance, repair or replacement of public roads, and utility and drainage systems that exist on creation of the buffer or are required to comply with any subdivision approval or building permit obtained from the municipality or county, so long as any adverse impacts of public road, utility and drainage systems on the function of the buffer have been avoided or minimized to the extent practical; (3) Construction, maintenance, repair, reconstruction or replacement of existing and future public roads within a buffer, so long as any adverse impacts of the road on the function of the buffer have been avoided or minimized to the extent practical. (4) Individual Sewage Treatment Systems (ISTS) may be constructed within a buffer but outside the 35 foot structure setback as long as the vegetation growing on the system is maintained in accordance with Paragraph 2(h) of this Standard, and the system otherwise meets County and State rules for ISTS systems. Surface Water Page 508 38 (5) Clearing, grading and seeding is allowed if part of an approved Wetland Replacement Plan. (l) Buffers shall be monumented to clearly designate the boundaries of all buffers within new residential developments. A monument shall be required at each parcel line where it crosses a buffer strip and shall have a maximum spacing of 300 feet along the edge of the buffer. Additional monuments shall be placed as necessary to accurately define the edge of the buffer. A monument shall consist of a post and a buffer sign. The signs shall be obtained from the LGU and includes warnings about fines for disturbing and/or developing buffers. The signs shall be a minimum of 5 inches wide by 7 inches vertical, have a brown field with white lettering, and shall be securely mounted on a post (either wood or metal is acceptable) to a minimum height of 4 feet above grade. (m) Other activities which would change the character of a wetland shall not diminish the quantity, quality or biological diversity of the wetland. (n) A land disturbing activity within a wetland may require a permit under Standards D and E. (o) An activity within a wetland that alters or fills a floodplain may require a permit under Standard F. 3. LOCAL GOVERNMENT UNIT The Scott WMO intends that LGUs administer the Wetland Conservation Act, unless a particular city, township or county has elected not to assume that role in its jurisdictional area. In these cases the Scott WMO may serve as the local governmental unit (LGU) for administration. The Mn/DOT is the LGU for WCA on areas within the Mn/DOT right-of-way. Surface Water Page 509 39 H. STANDARD H - BRIDGE AND CULVERT CROSSINGS 1. REGULATION No person or political subdivision shall construct, improve, repair or alter a driveway, road or utility across a watercourse with a tributary area in excess of 100 acres without first obtaining a permit from the appropriate LGU or the Scott WMO (if permitting has defaulted to the WMO). 2. CRITERIA Crossings shall: (a) Retain adequate hydraulic capacity. (b) Retain adequate navigational capacity. (c) Not adversely affect water quality. (d) Represent the "minimal impact" solution to a specific need with respect to all reasonable alternatives. (e) Allow for future erosion, scour, and sedimentation considerations. (f) New road construction shall meet State and Federal Guidelines for freeboard and overtopping by flood events. (g) Require a permit under Standards D and E if part of a land disturbing activity or subdivision. 3. EXHIBITS LGUs or the Scott WMO (if permitting has defaulted to the WMO) shall require the submittal of exhibits with an application necessary for review and determination of compliance with this Standard. 4. MAINTENANCE (a) The maintenance, reconstruction and stabilization of any public crossing shall be the responsibility of the political subdivision with jurisdiction over the crossing. (b) The maintenance, reconstruction and stabilization of any private crossing shall be the responsibility of the owner of the crossing. (c) As a condition to the approval of a permit under this Standard, the LGU or the Scott WMO (if Surface Water Page 510 40 permitting has defaulted to the WMO) may require the applicant and owner to enter into a compliance agreement with the LGU or WMO. Surface Water Page 511 41 I. STANDARD I − DRAINAGE ALTERATIONS 1. REGULATION No person or political subdivision shall artificially drain surface water, nor obstruct or redirect the natural flow of runoff where the drainage area exceeds 50 acres, so as to affect a drainage system established under Minnesota Statutes, Chapter 103E, or harm the public health, safety and general welfare of the Scott WMO, without first obtaining a permit from the appropriate LGU or the Scott WMO (if permitting has defaulted to the WMO). 2. CRITERIA The applicant for a drainage alteration shall: (a) Describe the overall environmental impact of the proposed drainage alteration and demonstrate that: (1) There is a reasonable necessity for such drainage alteration; (2) Reasonable care has been taken to avoid unnecessary injury to upstream and downstream land; (3) The utility or benefit accruing to the land on which the drainage will be altered reasonably outweighs the gravity of the harm resulting to the land receiving the burden; (4) That downstream impacts have been controlled or mitigated according to Standard D paragraph 2(d); (5) The drainage alteration is being accomplished by reasonably improving and aiding the normal and natural system of drainage according to its reasonable carrying capacity, or in the absence of a practicable natural drain, a reasonable and feasible artificial drainage system is being adopted. (b) Provide a hydraulic design which complies with Standards F and G, and if the alteration involves a landlocked basin, the alteration must comply with Standard D paragraph 2(i) for outlets from landlocked basins. (c) Provide a stable channel and outfall. (d) Obtain a permit under Standards D and E if the drainage alteration is part of a land disturbing activity or a development or redevelopment of land. Surface Water Page 512 42 3. EXHIBITS LGUs or the Scott WMO (if permitting has defaulted to the WMO) shall require the submittal of exhibits with an application necessary for review and determination of compliance with this Standard. 4. EXCEPTIONS (a) No permit shall be required under this Standard for the alteration of drainage in connection with the use of land for agricultural activities. (b) The LGU or the Scott WMO (if permitting has defaulted to the WMO) may waive the requirement of Paragraph 2(a)(4) of this Standard above if the applicant submits easements or other documentation in form acceptable to the LGU or Scott WMO (if permitting has defaulted to the WMO) evidencing the consent of the owner of any burdened land to the proposed alteration. Such easements or other documentation shall be filed for record and evidence thereof submitted to the LGU or Scott WMO (if permitting has defaulted to the WMO). (c) All drainage alterations not required by this Standard to obtain a permit shall nevertheless be conducted in full compliance with Standard C. Surface Water Page 513 Local Surface Water Management Plan City of Prior Lake WSB Project No. 010393-000 APPENDIX F APPENDIX F Public Works Design Manual Surface Water Page 514 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 1 PART I GENERAL PROVISIONS AND ADMINISTRATIVE REQUIREMENTS Since the City assumes perpetual ownership, maintenance and operation of the public infrastructure facilities referenced herein together with the inherent obligation and responsibility associated with the ownership thereof, it is necessary to ensure these facilities are designed and installed in a manner which minimizes the City’s future financial and operational liabilities. The purpose of the Public Works Design Manual is to provide a standard for developers, builders, and their engineers, as well as City engineering and consulting engineering personnel, for use in design, construction, and connection to public infrastructure facilities within the City. INDEX OF SECTIONS: Section One Administrative/Procedural Requirements Section Two Building Permits Section Three Sales Trailers and Model Homes Section Four Excavating and Grading Section Five Work within City Easements/Right-of-Way Section Six Grading/Drainage/Erosion and Sediment Control/Restoration Section Seven Conditional Requirements for Building Service Connections Section Eight Parking Lot Construction/Expansion Section Nine Easements Section Ten Security and Warranty Requirements Section Eleven Residential Standards SECTION ONE: ADMINISTRATIVE/PROCEDURAL REQUIREMENTS 1.1 PLATTING REQUIREMENTS: Refer to Chapter 1000 of the Prior Lake City Code Subdivision administrative/procedure for platting requirements associated with land development. 1.2 DESIGN AND INSTALLATION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS (INCLUDING CITY-INITIATED IMPROVEMENTS): The developer has the option to request the City to install public infrastructure facilities necessary to serve the proposed development under a public improvement project or construct the facilities privately under the terms of a Development Contract. If the facilities necessary to serve a development are to be publicly funded, the City may choose to design and install the facilities as a public improvement project in accordance with M.S. 429. 1.2.1 Public Improvement Process: The following is a guide outlining steps in the Public Improvement process. Some of these steps may not be applicable for City-initiated improvements. (A) Feasibility Report Phase: 1. Preliminary plat conditionally approved by the City Council, if applicable. Surface Water Page 515 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 2 2. Petition requesting public infrastructure installation by the City presented to City Council for feasibility report preparation authorization (please refer to attached “EXHIBIT D”). 3. City Council authorizes preparation of feasibility report or denies request. 4. Developer submits preliminary plat and grading plan for use in preparation of feasibility report, if applicable. 5. Present feasibility report to City Council for consideration and scheduling public hearing. 6. City Council schedules a public hearing or denies project. 7. City Council holds public hearing on project and approves or denies project. (B) Plans & Specifications (P & S Phase): 1. City Council approves project at public hearing, orders plans and specifications. 2. Developer submits final plat, if applicable. 3. Developer submits final development grading plan, if applicable. 4. City, or its chosen consultant, prepares detailed plans and specifications. 5. City Council approves or rejects detailed plans and specifications. 6. City Council authorizes advertisement for solicitation of competitive bids and determines a bid date. 7. Bid amount is verified and compared to feasibility report cost estimate and engineer’s cost estimate. 8. The bid amount comparison to feasibility report cost estimate and engineer’s cost estimate is presented to City Council for consideration of contract award. 9. Final plat approved by City Council, if applicable. 10. Final plat recorded at Scott County, by Developer, if applicable. 11. All easements/rights of entry are properly executed. 12. City Council awards contract to lowest “responsible bidder” or rejects/cancels bids and re-advertises. Surface Water Page 516 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 3 (C) Construction Phase: 1. All regulatory agency permits are obtained and received by City. 2. The contract documents are properly executed. 3. The Certificates of Insurance requirements as identified in the contract documents are provided with the City of Prior Lake listed as an additional insured. 4. Pre-construction conference is held at the City offices. 5. “Notice to Proceed” is issued to the contractor. 6. City’s Engineering Division inspects erosion control measures prior to land disturbing activity. 7. Construction is inspected by the City’s Engineering Division personnel or the City’s consulting engineering personnel. 8. Contract final inspection/close-out. 9. Contract completion/final payment authorization by City Council. 10. City assumes perpetual maintenance responsibilities. 11. Warranty period begins. 12. Warranty inspection, 90 days prior to expiration. (D) Final Assessments Phase: 1. Prepare Final Construction Contract Report of all final construction related costs and forward to Finance Department. 2. Engineering/Finance Department prepares final assessment rolls and presents to City Council. City Council schedules final assessment public hearing. 3. Review by special assessment committee, if applicable. 4. The City Council holds the Assessment Hearing. The City may schedule the assessment public hearing prior to award of the contract. ▪ Prepare final assessment information sheet for City Council review (i.e. number of years, average assessment, project number, etc.) ▪ Prepare detailed individual final assessment notices and mail to affected property owners. 5. Record pre-payments, if applicable. Surface Water Page 517 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 4 6. Certify adjusted roll to County Auditor for collection. ▪ When the assessment amount is certified to the County Auditor prior to November 30th 1 of the current year, the amount of the assessment will be reflected on the tax statement due and payable the following year. ▪ When the assessment amount is certified to the County Auditor after November 30th of the current year, the amount of the assessment will be reflected on the tax statement due and payable the year after the following year. 1.2.2 Developer Installed Improvements: The developer may elect to assume responsibility for the design and installation of public infrastructure facilities necessary to serve a proposed development. The developer is required to enter into a “Development Contract” with the City which ensures the City that the required public infrastructure facilities necessary to serve the development will be installed in a timely manner and in accordance with the standards and specification as set forth by the City Code. As set forth in Chapter 1000 of the City Code, developers of property within the City of Prior Lake are required to submit detailed plans and specifications of proposed improvements for review and comment by the City. These plans and specifications are required to be prepared by professional engineers licensed to practice within the State of Minnesota. The engineer who designs, prepares and certifies plans does not lose his primary responsibility for the accuracy and adequacy of the plans when the plans are reviewed and approved by the owner. Except those improvements designed and constructed by the City, it is the responsibility of the developer to determine and obtain all necessary approvals, permits and licenses from the City of Prior Lake, Minnesota Department of Transportation, Scott County Highway Department, appropriate watershed district or watershed management organization, utility companies, Minnesota Department of Natural Resources, Army Corps of Engineers, Minnesota Pollution Control Agency, Metropolitan Council, Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the improvements required for the proposed development. Any design requirements of any such agencies shall be determined and incorporated into plans and specifications. All costs incurred to obtain said approvals, permits and licenses and also all fines or penalties levied by an agency due to the failure of the developer to obtain or comply with conditions of such approvals, permits and licenses shall be the sole responsibility of the developer. The developer agrees to defend and hold the City harmless from any action initiated by a regulatory agency resulting from such failures of the developer. When the Developer chooses to install required public improvements within his own development, the following is intended to outline the steps necessary for this process: (A) Preliminary Plat Phase: Surface Water Page 518 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 5 1. Developer submits preliminary plat application which includes grading and erosion control plans, general street and utility layout, copies of all hydrology calculations to the City for review and comment. These plans are to be prepared in accordance with current City Standards as outlined herein and the applicable sections of the City Code. 2. City staff reviews submission and provides comments to Developer. 3. Developer submits revisions to preliminary plat plans. 4. Preliminary plat general design is conditionally approved by the City Council. 5. Grading may commence with preliminary plat approval. Developer must apply for an Excavating and Grading Permit. As-built grading plans will be required prior to release of the grading security. (B) Final Plat Phase: 1. Developer submits final plat application which includes detailed plans, specifications and copies of all design calculations to the City for review and comment. These plans are to be prepared in accordance with current City Standards as outlined herein and the applicable sections of the City Code. 2. City staff reviews submission and provides comments to Developer. 3. Developer submits revised plan submittal for staff review and comment together with any City “redline” copies and letter stating how each of the City comments has been addressed. 4. Developer submits a cost estimate or bid of the construction work to be done. 5. City prepares Development Contract. After completion of all required submittals, the City computes the Letter of Credit amount and the financial requirements in accordance with the City’s most recent fee schedule. 6. After plans are complete or approved, the Development Contract and Final Plat are scheduled for Council approval. The Developer must sign the Development Contract before the City Council will consider the Final Plat approval. 7. After City Council approval of the Development Contract and Final Plat, the Developer will be required to submit a notice showing insurance coverage has been provided, along with a Letter of Credit and all fees outlined in the Development Contract. In addition, the Developer shall record the plat and Development Contracts prior to the construction phase. Surface Water Page 519 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 6 (C) Construction Phase: 1. Once all of the items listed above have been completed and all permits are in place, the Contractor must organize a pre-construction conference for the project. The City then issues a “Notice to Proceed” for the project. 2. The City shall inspect the improvements and the Developer shall provide the remaining construction services as outlined in the Development Contract. 3. Letter of Credit Reductions i. Requests for reduction of letters of credit shall be made in writing to the City. Reduction requests should be limited to no more than once per month. ii. Completed improvements will be reduced to an amount not less that 25% of the original estimate until project has been accepted by the City. 4. Project Acceptance i. Once the final wear course is in place, the property pins have been installed, the punch list is completed, a warranty bond has been submitted, lien waivers have been submitted, and as-builts have been approved, the City Council may accept the improvements. ii. Once the landscaping has been completed, the Planning Department should be notified for an inspection. Upon successful inspection the warranty period may begin per City Code 1107.2106(5). iii. The warranty period shall commence upon the date of the City Council resolution accepting the improvements. The warranty period shall be two years for public utilities and one year for street improvements. iv. The Letter of Credit may be reduced to 5% of the original estimate and shall remain in place through the warranty period. v. A warranty walkthrough will be performed 90 days prior to warranty period expiration. Developer will be responsible for any punch list items that are discovered during the warranty walkthrough. vi. Once the warranty period has expired and any warranty walkthrough punch list items are completed, the City will release the Warranty Bond and the Letter of Credit for the development. SECTION TWO: BUILDING PERMITS Chapter 400, Building Code, of the City Code references requirements for Building Permit issuance within the City. As part of all Building Permit applications, the requirements for public infrastructure improvements are reviewed by the City’s Public Works Department. If public infrastructure is required, the applicant is responsible for ensuring that the required public facility is provided as a condition of the Building Permit issuance. This can be accomplished in two different ways: 1. The applicant can incorporate the required public facility as a part of the Building Permit application. Surface Water Page 520 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 7 2. The applicant may petition the City to install the required public facility. In this case, the Council must order the improvement to be installed under public contract prior to the issuance of the Building Permit. The Public Works Department reviews each Building Permit survey that is submitted to the City. Refer to “EXHIBIT L” for the Public Works Building Permit Checklist. SECTION THREE: SALES TRAILERS AND MODEL HOMES The following are requirements for sales trailers and model homes: 1. Final plat approval is necessary 2. Site Plan review approval is necessary 3. A Building Permit is required 4. Trailers/structures are not permitted within easements 5. Must meet structure setback requirements 6. For lots within the Shoreland District, maximum impervious surface cannot exceed 30% (an impervious surface worksheet is required) 7. Specify the location and number of parking spaces available (must have a hard surface) 8. Access point and roadway must be paved 9. A site plan review is necessary with the following information included: ▪ Site plan reflecting property lines, and setbacks ▪ Indicate roadway surface material at time of construction ▪ Americans with Disabilities Act (ADA) accessibility ▪ Hydrant locations ▪ Landscaping ▪ Façade/elevations ▪ Signage ▪ Floor plans ▪ Domestic water and sanitary sewer lines ▪ Existing and proposed contours SECTION FOUR: EXCAVATING AND GRADING Chapter 706, Excavating and Filling, of the City Code, references the shore impact zone requirements for Excavating and Grading Permit issuance within the City of Prior Lake. An Excavating and Grading Permit is required for any removal, storage or excavation of earth material or to fill or raise the existing surface grades within the City which exceed 500 S.F. or 50 C.Y. of material. The contractor is required to pay a permit fee as outlined in the current City fee schedule and to provide insurance and security in the amount of $2,000 per acre of disturbed area or as outlined in the City fee schedule. Please refer to attached “EXHIBIT A” for a copy of the application for an Excavating and Grading Permit form. A Developer may obtain an Excavating and Grading Permit after preliminary plat approval. The City will review the grading, drainage and erosion control plans prior to issuance of the Excavating and Surface Water Page 521 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 8 Grading Permit. If grading is not a part of a preliminary plat and exceeds 400 cubic yards, a Conditional Use Permit is needed. Property owner or grading contractor must apply for an NPDES Construction Site Permit in accordance with the Minnesota Pollution Control Agency. Prior to any grading, a Pre-construction Conference shall be held between the Developer, the City, the Contractor, and all other parties involved. Prior to any clearing and grubbing or grading operations, down stream erosion control BMP, and tree preservation fence shall be installed by the Contractor and inspected by the City. Upon completion of the grading, the Developer shall provide an as-built grading plan to verify that the site was constructed as shown and to note all changes which may have occurred during the grading process. The as-built grading plan shall be reviewed by the City and become the record document for the proposed development. The Excavating and Grading Permit security deposit shall not be released until the “as-built” grading plan has been approved by the City. SECTION FIVE: WORK WITHIN CITY EASEMENTS/RIGHT-OF-WAY In accordance with Section 701.700, Right of Way Management, the City requires a Right of Way/Easements/City Property Work Permit to be issued by the City for any excavation, opening or tunneling, across or upon a street or other public property within the City for the installation of private utilities of new subdivisions. Please refer to attached “EXHIBIT C” for a copy of the Right of Way/Easements/City Property Work Permit. Permit fees are in accordance with the current City fee schedule. Any work within public right-of-way requires a traffic control plan and implementation in accordance with “Appendix B - Traffic Control for Short Term Street or Highway Work Zones - Minnesota Manual on Uniform Traffic Control Devices”. SECTION SIX: GRADING/DRAINAGE/EROSION AND SEDIMENT CONTROL/RESTORATION A grading, drainage, erosion and sediment control restoration plan prepared in accordance with the standards as outlined in the “Minnesota State Stormwater Manual”, or an equivalent set of standards is required for all construction activities within the City. In Summary, requirements for a permit are: ▪ Preliminary plat approval ▪ Approved grading plans ▪ Copy of NPDES and any other applicable permits ▪ Letter of Credit ▪ Permit Fees ▪ Certificate of Insurance Surface Water Page 522 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 9 An as-built grading plan is required certifying that the grading conforms to the detailed development grading plan is required prior to Building Permit issuance. The City may withhold issuance of Building Permits until the approved, certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. SECTION SEVEN: CONDITIONAL REQUIREMENTS FOR BUILDING SERVICE CONNECTIONS New Construction: City code allows building service connection to the sanitary sewer and watermain prior to the completion of the street adjacent to the property after Class 5 is in place, all necessary testing and inspection have been performed on the utility systems and an authorization for utility system hookup has been completed. Basement floors must be placed at a higher elevation than the sewer services to avoid use of sanitary sewer ejector pumps. In rare cases where this can not be accomplished the City Engineer must grant approval. Existing Building Service Connection: When sanitary sewer and water service is readily available to an existing building which is currently not connected to the City services, a “Sewer and Water Permit” and “Right-of-Way/Easement/City Property Work Permit”, if applicable, are required from the City. A review of the requested service connection is made and connection charges identified in accordance with the City’s most recent “Fee Schedule”. Duplex Lot Split: When a duplex lot is currently serviced by a single water and sewer service and the duplex is proposed to be split into separate ownership, a separate sewer and water service connection is required for each unit as per Section 1101.501(5) of the Zoning Ordinance. SECTION EIGHT: PARKING LOT CONSTRUCTION/EXPANSION Section 1107 of the Zoning Ordinance of the Prior Lake City Code contains requirements for construction of off-street parking facilities within the City. Parking lot construction/expansion not associated with development or a Building Permit issuance requires an Excavating and Grading Permit in accordance with Section 706 of the City Code. SECTION NINE: EASEMENTS Chapter 1004, Subdivision Regulations (Platting) of the Prior Lake City Code contains requirements relating to protection of public infrastructure facilities within the City. SECTION TEN: SECURITY AND WARRANTY REQUIREMENTS See specifications or Development Contract for warranty requirements. Surface Water Page 523 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 10 SECTION ELEVEN: RESIDENTIAL STANDARDS Driveways: Residential driveways can not exceed 24 feet in width between the property line and the street. Residential driveways must be at least five feet from the property line. The minimum corner clearance from the street right-of-way shall be at least 30 feet to the edge of the driveway. The slope of the driveway must be designed with a slope of between 2% and 10%. Special circumstances may require approval from the City Engineer. Residential lots shall not have more than one driveway unless the criteria established below are met: Criteria for a second driveway: 1. The lot width is at least 86 feet (100 feet in the shoreland district) for non-corner lots and 103 feet (120 feet in shoreland district) for corner lots. This applies to the lot line with the driveway. 2. The proposed second driveway on corner lots meets spacing requirements from the nearest intersection. 3. The proposed second driveway is at least 5 feet away from the property line. 4. The combined driveway opening width for both driveways does not exceed 24 feet in total width. 5. The second driveway can’t reasonably be connected to the existing driveway. 6. A third stall does not exist or cannot be added to the existing garage. 7. The impervious surface requirements are not exceeded with the new driveway and garage. 8. If the additional garage was constructed at the time of house construction these rules do not apply and only one driveway is permitted. 9. Contractor is responsible for sawcutting and removing the curb and installing driveway curb cut, with minimal impact to existing bituminous street. 10. Second driveway will not be on a collector street. 11. Each case will be considered on its own merits and the City Engineer will make the final determination on whether a second driveway will be considered. Right of Way and Easements: The placement of retaining walls, trees, landscaping, structures, fences, drainage alteration, or other activity within the right of way or drainage and utility easement is strictly prohibited unless the property owner secures a City License or Private Use of Public Right of Way Agreement. A Excavating and Grading Permit is needed for any grading within a drainage and utility easement. A Right of Way/Easements/City Property Work Permit and Excavating and Grading Permit is required for any grading within the right of way. Sprinkler systems may be installed within the right of way or drainage and utility easement at the property owner’s risk. The City is not responsible for any damage to sprinkler systems within the right of way or drainage and utility easement and the City will not compensate for said damage. Ownership of Utilities: The City owns and maintains all watermain in public right of way and dedicated easements. The private property owner maintains laterals, services, and appurtenances from the gate valve or curb stop of such line servicing private property. The property owner maintains all sanitary sewer services from the sanitary sewer main servicing private property. Surface Water Page 524 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 11 Conservation and Wetland Buffers: Mowing, dumping, grading, landscaping, or other alteration to a conservation or wetland buffer is strictly prohibited. Gopher State One Call Property owners must call 651-454-0002 prior to any excavating or digging. Surface Water Page 525 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 12 PART II DESIGN AND CONSTRUCTION STANDARDS The design and construction of public infrastructure facilities shall be performed in accordance with the most recent editions of the Minnesota Department of Transportation (MnDOT) “Standard Specifications for Highway Construction” and any amendments thereto, and the “Standard Utilities Specifications for Watermain and Service Line Installation and Sanitary Sewer and Storm Sewer Installation” as published by the City Engineers Association of Minnesota or as modified herein. All designs must incorporate the requirements identified in the City’s Comprehensive Plans in effect at the time of the infrastructure design and installation. INDEX OF SECTIONS: Section One Construction Drawing – Format and Standards Section Two Grading/Erosion Control/Site Restoration Section Three Storm Sewer Section Four Sanitary Sewer Section Five Watermain Section Six Streets Section Seven County and State Right-of-Way Section Eight Street Lighting Section Nine Commerical and Industrial Standards Section Ten Record Plans SECTION ONE: CONSTRUCTION DRAWING - FORMAT AND STANDARDS The City requires specific plan format and graphic standards for infrastructure improvements which are to be owned and maintained by the City. The following provides, in outline form, the City’s requirements for these plans: 1.1 Organize plan sheets generally in the following order: ▪ Title Sheet ▪ Survey Sheet ▪ Removal Plan (if necessary) ▪ Grading Plan ▪ Erosion Control Plan ▪ Sanitary Sewer and Watermain Plan & Profile Sheets ▪ Storm Sewer and Street Plan & Profile Sheets ▪ Typical Sections and Details Sheet ▪ Tree inventory with table ▪ Landscape Plan 1.2 All full size plan sheets shall be 22”x34”. Half size plans, 11”x17” shall also be provided. Scale: Maximum Horizontal Scale 1” = 50’ (Half scale 1” = 100’) Maximum Vertical Scale 1” = 10’ or approved scale by City Engineer Surface Water Page 526 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 13 1.3 The following utilities shall be located in the approximate locations (See Plate #104): Sanitary Sewer On centerline of street right-of-way. No curvilinear design is permitted. Watermain Ten feet on either side of centerline and/or parallel to sanitary sewer. Storm Sewer Ten feet or greater as necessary on the opposite side of centerline as of watermain. All Street surface structures (i.e. manhole, gate valve covers, etc.) shall be located as necessary to avoid being in the traveled wheel paths. 1.4 All detailed drawings shall be on separate sheets or included in the specification manual. 1.5 The title sheet should include a Project Location Map (Scale 1” = 2000’) showing the location and names of all major streets within one mile of proposed subdivision, all streets in the proposed project, all proposed or non-existing future streets and all other streets in the vicinity of the proposed project. The project area shall be indicated by circling. 1.6 Provide an Overall Plan with a maximum scale of 1” = 200’ showing the proposed project area as well as adjacent property. Overall plan shall have the following information: ▪ Property lines - proposed in solid lines, existing in dashed lines. ▪ Easements – proposed in dashed lines. ▪ Street and street names. ▪ Schematics for proposed improvements of sanitary sewer, watermain, and storm sewer. Proposed manholes and appurtenances clearly shown. Existing piping and appurtenances information shall be shown and labeled. ▪ All property within plan shall be identified with lot number or appropriate title. ▪ Location and elevation of City or United States Geological Survey Benchmarks. 1.7 Show City of Prior Lake’s project number in the lower right hand corner of the entire plan sheets. 1.8 The Developer must obtain all regulatory agency permits and approvals prior to construction, including but not limited to those from the Minnesota Pollution Control Agency for “General Storm Water Permit for Construction Activity”, DNR, Army Corps of Engineers, Prior Lake / Spring Lake Watershed District, Minnesota Department of Transportation, Scott County, Minnesota Pollution Control Agency, Metropolitan Council, Minnesota Department of Health or any other permitting authority. 1.9 Title Block shall be located along the right side or right edge of bottom of each plan sheet and set in 1/2” from the edge. Information shall include name and address of engineering firm, sheet title name, sheet number, certification signature and registration number of registered professional engineer, project title, revision block, and City project number. Surface Water Page 527 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 14 1.10 All parcels shall be properly labeled with lot and block numbers and plat name, or parcel number in unplatted areas. Developed parcels shall have their address shown on the plan. 1.11 All match-line breaks shall be clean with reference points and plan sheet numbers of continuation clearly marked. All plans which are broken by a match-line shall be on the same or consecutive sheets. 1.12 Approximate locations of existing utilities including: gas, electric, cable, telephone lines, pipelines, etc. must be shown on the construction drawings. 1.13 Right-of-way and pavement or curb and gutter alignment data shall be shown. All existing, proposed, or temporary easements shall be shown on drawings including sanitary sewer, watermain, and storm sewer. 1.14 All plans shall have properly placed north arrows and bar scales for each plan on the sheet. The north arrows and bar scales should be placed on the top and on the right side of the plan sheet. The direction north will be oriented either up or to the right on all plan sheets for utility and street plans. 1.15 Benchmarks shall be placed on all sheets. (Top nut of existing hydrant is a preferable benchmark). The Engineering Division can assist with benchmark location information. 1.16 Use of all typical engineering symbols is required. See Plate #100 for typical engineering symbols. 1.17 Existing utilities shall be shown and labeled as existing. When drafting utility and/or street plans, use a solid line for new utilities and a dashed line for existing utilities. 1.18 All plans should be drafted in computer aided drafting (CAD) format following the City of Prior Lake layer system as shown in the attached “EXHIBIT R”. The drawings should be printed in grayscale. 1.19 Any revisions must be noted, initialed and signed on all affected sheets. 1.20 All easements, permanent and temporary, shall be shown and labeled. 1.21 All sewer and watermain shall be shown in profile with the appropriate information such as size, material, existing and proposed surface elevations, invert elevations, etc. Storm sewer plan should be on a separate sheet from sanitary sewer and water. Any utility crossings shall be shown on plan and profile. Indicate if possible conflict could exist. 1.22 The utility profile shall be directly below the plan with the stationing aligned as closely as practical. Stationing shall be shown on the plan view as well as the profile. 1.23 Provide digital copy of all the construction drawings in PDF or TIF format prior to construction. 1.24 All drawings shall use the Scott County coordinate system (feet). Surface Water Page 528 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 15 1.25 Provide note on plans stating that working hours are from 7:00 A.M. – 7:00 P.M., Monday through Friday and 8:00 A.M. – 5:00 P.M., Saturday. SECTION TWO: GRADING/EROSION CONTROL/SITE RESTORATION: This work shall be done in accordance with the most recent additions of the “MnDOT Standard Specifications for Highway Construction”. Design should follow the standards provided by the “Minnesota Stormwater Manual” prepared by the Minnesota Pollution Control Agency. Grading should be done in accordance with NPDES Construction Site Permit and Storm Water Pollution Prevention Plan (SWPPP). The City requires the following for submittal of grading, erosion and sediment control plans: 2.1 Show adjacent plats, parcels, property lines, section lines, streets, existing storm drains and appurtenances, etc. 2.2 Show all existing and proposed grades. Required standard is 2’ contours with existing contours shown as dashed and proposed contours shown as solid. Extend existing 2’ contour lines a minimum of 200’ beyond the property boundary or more as determined by the City Engineer to accurately depict the existing drainage patterns. 2.3 Show lot corner elevations and benchmark utilized. 2.4 Maximum 4:1 slopes are allowed in “maintained” areas except approved by the City Engineer. Maximum 3:1 slopes are allowed adjacent natural resources. Maximum 3:1 slopes are allowed for walkout lots. 2.5 Show the outlet elevation, HWL for ponds, and OHWL for water bodies based upon the hydrology of the site as analyzed following the requirements in “PART III” HYDROLOGY RULES. 2.6 Show garage floor, low floor, and rear pad elevations. Also show house style detail drawing. 2.7 Building elevations must follow the requirements of the Zoning Ordinance. Refer to Chapter 1104.308 for requirements in Shoreland Districts and Chapter 1105 Flood Plain Ordinance. 2.8 Retaining walls over four feet in height or have more than two tiers shall be designed by a Minnesota registered professional engineer, need a Building Permit, and have a fence constructed at the top of the wall. Retaining walls are to be located on private property. The construction of any retaining walls within the public right-of-way will need prior approval of the City Engineer. All retaining walls that need to be constructed in public right-of-way shall be a mortar less concrete block retaining wall system. These walls shall be non-deteriorating and virtually maintenance free. The retaining wall construction will require the submittal of detailed plans and specifications for a review by City staff. Show top and bottom elevations of the wall on the grading plan. Surface Water Page 529 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 16 2.9 Show construction limits. 2.10 Minimum grade for drainage swales and lot grading shall be 2% or greater. 2.11 Unless a part of a volume control BMP, maximum length for drainage swales shall be 300 feet or a total of eight lots draining to a point, or as approved by the City Engineer. Backyard drainage structures should be avoided. Rear yard drainage swales shall be final graded and sodded prior to the issuance of Building Permits. Once sodded these areas should be protected with erosion control measures and fencing. 2.12 Provide name of company, contact person, and emergency phone number for person responsible for erosion and sediment control plan preparation, implementation and maintenance. 2.13 Provide note on the plans specifying that perimeter / downstream sediment control best management practices should be installed by the Contractor and inspected by the City prior to any site work. 2.14 Slopes greater than or equal to 3:1 shall have approved erosion control best management practices installed immediately after finished grading. 2.15 Driveway grades shall be between 2% and 10% unless otherwise approved by the City Engineer. 2.16 A minimum of 10 feet beyond the house pad shall have a slope less than 10:1 unless otherwise approved by the City Engineer. 2.17 Site drainage must follow the City of Prior Lake rules outlined in “Part III: HYDROLOGY RULES” of the Public Works Design Manual. 2.18 Show wetland buffer, buffer signage, and tree preservation signage on the grading plan. 2.19 Show all emergency overflow high point and drainage arrows for low points and water bodies. 2.20 Show emergency overflow routes from all low points and show elevation of high point along emergency overflow route. 2.21 Drainage areas over 5 acres must have a temporary sediment basin. 2.22 All wetland areas and wetland buffers must be seeded to the specifications outlined in “PART III: HYDROLOGY RULES”. 2.23 Prior to topsoil placement and final grading in designated park areas contact the Parks Maintenance Division at 952-440-9675. Surface Water Page 530 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 17 2.24 All designated park areas must be seeded to the specifications outlined in the attached “EXHIBIT P”. SECTION THREE: STORM SEWER This work shall be done in accordance with the most recent additions of the “MnDOT Standard Specifications for Highway Construction”. Design should follow the standards provided by the “Minnesota Stormwater Manual” prepared by the Minnesota Pollution Control Agency. The following are specific requirements related to the design of storm sewer: 3.1 The storm sewer alignment shall follow the sanitary sewer and watermain alignment where practical with a minimum of 10’ of separation. Storm sewer placed along the curb alignment shall be along the curb opposite the watermain to maintain the 10’ separation. 3.2 Catch basins shall be located on the tangent section of the curb at a point 3’ from the point of curve. Mid-radius catch basins will not be allowed. Also, catch basins shall be designed to collect drainage on the upstream side of the intersection. As much as practicable, catch basins should be located at property lines. 3.3 The maximum spacing between manholes is 400 feet. 3.4 The slope must not have a slope less than 0.5% unless approved by the City Engineer. 3.5 Invert elevation of pipe outlets into ponds shall match the outlet elevation. 3.6 Any connections to existing manholes or catch basins shall be core drilled or the opening cut out with a concrete saw. No jack hammering or breaking the structure with a maul is permitted. Also, all connections to an existing system will require a manhole for access. 3.7 To the greatest extent possible, manholes shall be placed in paved surfaces outside of wheel paths, (3’ and 9’ off centerline) or other readily accessible areas. 3.8 Type of pipe within right-of-way shall be Reinforced Concrete Pipe (RCP). The class of pipe shall conform to the design standards for maximum allowable fill height for RCP pipe as shown on “EXHIBIT M”. Type of pipe outside of right of way may be High Density polyethylene Pipe (HDPE). 3.9 Aprons or flared end sections shall be placed at all locations where the storm sewer outlets a ponding area. All inlet/outlet flared end sections shall be furnished with hot dipped galvanized trash guards (see Plate #305). 3.10 The last three pipe joints from the flared end section shall be tied together. 3.11 Riprap and filter blanket shall be placed at all outlet flared end sections. The riprap shall be hand placed. The minimum class of riprap shall be MnDOT 3601.2, Class III. Provide design Surface Water Page 531 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 18 criteria justifying the size and amount of riprap. Outlets to lakes should use articulated concrete at all flared end sections. 3.12 Installation of Public Utilities or utilities to be maintained by the City including storm sewer on private property is prohibited. Should installation be required outside the right of way an outlot deeded to the City shall be provided with the utility pipe centered in the deeded outlot. The minimum outlot width shall be dictated by depth as indicated below: Depth Outlot Width 10 feet or less 20 feet 15 feet or less 30 feet 20 feet or less 40 feet 20 feet + City Council approval 3.13 Junction manholes should be designed to limit the hydraulic head increase by matching hydraulic flow lines and by providing smooth transition angles. 3.14 Environmental manholes, 3 foot sumps, shall be constructed as the last structure which is road accessible prior to discharge to any water body. 3.15 The maximum spacing between manholes is 400’. All manholes shall be numbered and stationed in both plan and profile. 3.16 Pond outlets shall provide oil skimming for the 10 year event. A manhole with a baffle wall with orifice or notch is recommended to control rate. Outlet rate control manholes shall have a top mitered to conform to fill. A 66” minimum diameter outlet structure is required to provide access to both sides of the weir wall (see Plate #304). 3.17 All storm sewer pipes outside of roadway areas must have marking signs placed at the front and back of the property lines. Signs shall be green “Rhino Marking Posts” or approved equal and should be shown on the plans (see Plate #103). SECTION FOUR: SANITARY SEWER: All sanitary sewer and appurtenances shall be checked for conformance with the design criteria specified in the Recommended Standards for Waste Water Facilities - 1997 Edition of the Great Lakes - Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers (10 State Standards) or latest revision and as modified herein this manual. The following are specific requirements related to the design of sanitary sewer: 4.1 Determination of sanitary sewer services size and design shall be done in accordance with the Department of Health, Minnesota Plumbing Code, and Chapter 4715. 4.2 The Met Council Permit should consider 2.7 persons per household. Surface Water Page 532 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 19 4.3 Manholes shall be placed on street centerline to the greatest extent possible, other locations outside the wheel paths (3’ and 9’ off centerline) may be allowed with City approval. 4.4 The maximum spacing between manholes is 400’. 4.5 Manholes are required at the terminus of all stubs if the line will be active. 4.6 Any connections to existing manholes shall be core drilled and attached to the manhole with a rubber boot, or as approved by the supplier. 4.7 If the pipe diameters of the existing and proposed pipes are the same, then the invert elevations shall drop 0.10 feet through the manhole. If the pipe diameters are different, the 8/10ths line of the two pipes shall match at the manhole. 4.8 Maintain a minimum of 10’ of horizontal separation between sanitary sewer and watermain. If a situation dictates that the required 10’ horizontal separation can not be met, the use of C-900 pipe will be required. 4.9 Sanitary sewer flow shall have a minimum of 2 feet per second. The minimum slopes for sanitary sewer shall be as follows: Size of Pipe Minimum Slope 8 inch 0.40% 10 inch 0.28% 12 inch 0.22% 15 inch 0.15% 4.10 Show the existing and proposed sanitary sewer in plan and profile view, along with other existing and proposed utilities in the construction zone. 4.11 Drop manholes are required when the pipe inverts are greater than 2 feet apart. Only outside drops are allowed. Inside drop manholes may be used in retrofit situations as determined by the City Engineer. 4.12 Installation of Public Utilities or utilities to be maintained by the City including sanitary sewer on private property is prohibited. Should installation be required outside the right of way an outlot deeded to the City shall be provided with the utility pipe centered in the deeded outlot. The minimum outlot width shall be dictated by depth as indicated below: Depth Outlot Width 10 feet or less 20 feet 15 feet or less 30 feet 20 feet or less 40 feet 20 feet + City Council approval Surface Water Page 533 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 20 4.13 Trunk sanitary sewers shall be designed to promote a laminar flow through the sewer system. Junction manholes should be designed to limit the hydraulic head increase by matching hydraulic flow lines and by providing smooth transition angles. 4.14 No manhole shall be located within a designated ponding/flowage easement without City approval. If such location is unavoidable, then the structure may be required to be built to a higher elevation to avoid flooding, constructed to tolerate frost action, and shall be made of water-tight materials. The City requires that manholes located in possible flooding areas will require an additional internal manhole chimney seal. 4.15 The following pipe types and class are identified in general with respect to depths with soil type verification and design criteria required to substantiate size and type of pipe used. Size Depth Type & Class 8” to 10” 8’ to 16’ PVC, SDR 35 8” to 10” 16’ to 26’ PVC, SDR 26 8” to 10” 26’ to 40’ DIP, Class 52 8” to 10” Over 40’ DIP, Class 53 Pipe Materials for trunk sanitary sewer larger than 10” shall be constructed as directed by the City Engineer. 4.16 Deflection testing for all non-rigid pipes shall be conducted after the final backfill has been in place for 30 days. 4.17 Jacking or drilling methods must be approved by the City Engineer. 4.18 Televising of the sanitary sewer is required after testing. A copy of the televising report and tapes must be submitted to the Public Works Department. 4.19 All manholes shall be numbered and stationed in both plan and profile. 4.20 The size, type, and class of all sanitary sewer services shall be noted on the plans. 4.21 On combination sewer and water projects, services may be placed in the same trench with sanitary sewer services three feet downstream from water services. 4.22 Sanitary sewer services shall be having a minimum of 4 inches nominal inside diameter and be constructed with PVC SDR 26. 4.23 The maximum depth of the sanitary sewer service at the ROW line shall be 10’ unless documented by a proposed house or building elevation that justifies a deeper service. 4.24 The sewer and water service shall be included in the pressure and leakage testing requirements for the main lines. 4.25 Minimum grade for sanitary service stubs shall be 1/4” per foot (2%). Surface Water Page 534 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 21 4.26 When the sanitary sewer mainline is constructed with ductile iron pipe, the sanitary sewer services shall be constructed with Class 52 ductile iron pipe from main line sewer to the 45 degree bend. 4.27 Developers are responsible for constructing the services to 10’ beyond the right of way line. 4.28 Cleanouts are required at 100’ intervals including the riser on sanitary sewer services. All sanitary sewer cleanouts constructed in paved areas require the installation of a meter box and heavy duty cover for ease of access to the clean out. 4.29 Sewer services shall be connected to a wye on the main and shall not be constructed into manholes unless approved by the City. Approved connections to a manhole requires a KOR- N-SEAL connection or approved equal and must match the manhole invert. 4.30 The construction plans for water main and sanitary sewer shall include the lowest elevation of all houses or buildings to be served. 4.31 Provide 10 gauge tracer wires for the sanitary sewer services for locating purposes. The tracer wire should connect to a tracer wire access box at the easement (see Plate #401). 4.32 The sanitary sewer system must follow the requirements of the City’s Comprehensive Plan. The City will pay for over sizing of sanitary sewer pipe over 8” unless it is determined that the development requires sanitary sewer pipe over 8”. Commercial subdivisions must provide an analysis of the sanitary sewer piping size. 4.33 All sanitary sewer outside of roadway areas must have marking signs placed at the front and back of the property lines. Signs shall be green “Rhino Marking Posts” or approved equal and should be shown on the plans. SECTION FIVE: WATERMAIN All distribution system design for water works shall be checked for conformance with the design criteria specified in the Recommended Standards for Water Works by the Great Lakes - Upper Mississippi River Board of State Public Health and Environmental Managers - 1997 Edition (10 states standards) or latest edition and as modified herein this manual. The following are specific requirements related to the design of watermain: 5.1 The size of the watermain should follow the City’s Comprehensive Plan. The City will pay for the over sizing of watermain over 8” unless a larger watermain size is required to meet fire flow conditions of the development. Fire flow conditions must be analyzed for all commercial subdivisions. Fire flow conditions are defined as 1500 gpm for residential and 3500 gpm for commercial areas at 20 psi or as determined by the standards set forth in AWWA M31 “Distribution System Requirements for Fire Protection”. Surface Water Page 535 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 22 5.2 Minimum watermain size shall be 8” for residential developments. Minimum watermain size shall be 12” for Commercial or Industrial developments or as required to meet fire flow conditions. The watermain size should be 6” for dead end watermain in cul-de-sacs under 500 feet in length. 5.3 For all watermains the depth of cover shall be a minimum of 8’ to top of pipe and maximum of 10’ of cover. Also 10’ of horizontal separation shall be provided from other parallel utility alignments. 5.4 Materials shall be ductile iron pipe Class 52 watermain. Materials for fittings shall be ductile iron. Use Class 51 for watermain over 16”. 5.5 Hydrant spacing is 450’ maximum for Residential developments and 300’ maximum for Commercial developments. 5.6 Locate hydrants at all intersections, if practical. Hydrants not located at an intersection shall be located at a property line. 5.7 If sizing is not consistent with the City’s Comprehensive Plan, design calculations for sizing of all watermains shall be submitted with preliminary plans. 5.8 Locate gate valves within street surface where possible and at the extended right-of-way line approximately 25 feet from intersection centerline. When intersection spacing exceeds 1000’, then a mid-block gate valve will be required. 5.9 Show on plans the existing and proposed watermain in plan and profile view along with other existing and proposed utilities in the construction zone. 5.10 Provide a minimum of 18” vertical separation for all watermain crossings with sanitary and storm sewer. Also, other utilities that cross the watermain shall cross at a 90 degree angle, if possible, with the minimum requirement of a 45 degree angle for the crossing. Provide insulation for all storm sewer crossings or as determined by the City Engineer. 5.11 Activation of the watermain system shall be performed by City personnel only. 5.12 All valves and curb stops shall be resilient seal gate valves. 5.13 Dead-end lines shall be minimized by looping of all mains wherever practical. Where dead-end mains occur a hydrant shall be installed at or near the end of the main for flushing purposes. In commercial and industrial developments, watermain over 500 feet in length must be looped. The hydrant shall be located behind the curb on stub streets to allow the City’s snow plow crews to pile snow on the end of the stub street. All temporary and permanent dead-ends shall be secured with a gate valve at least 40’ from the plugged end. Automatic flushing units may be required. 5.14 Installation of Public Utilities or utilities to be maintained by the City including watermain on private property is prohibited. Should installation be required outside the right of way an outlot Surface Water Page 536 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 23 deeded to the City shall be provided with the utility pipe centered in the deeded outlot. The minimum outlot width shall be dictated by depth as indicated below: Depth Outlot Width 10 feet or less 20 feet 15 feet or less 30 feet 20 feet or less 40 feet 20 feet + City Council Approval 5.15 The City will maintain all watermain in public right of way and dedicated easements. The private property owner maintains laterals, services, and appurtenances from the gate valve or curb stop of such line servicing private property unless noted in the Developers Contract. 5.16 Hydrant flags are required (see Plate #500). The Developer shall furnish and install hydrafinder high-visibility locating device. Rodon, Inc., or approved equal on each hydrant to be included in the contract price bid for hydrant. Contractor shall also supply an extra hydrafinder per hydrant and one extra gate valve key, curb box key and hydrant wrench per development be delivered to the Public Works Department. 5.17 Watermains, laterals, and/or services shall not be located within any defined or designated ponding easement. 5.18 All watermain gate valves and curb stops shall have adjustable gate valve extension stems. 5.19 Whenever possible avoid the use of 90 degree bends. 5.20 Developers are responsible for constructing the services to the easement line which is approximately 10’ beyond the right of way line. 5.21 All water fittings should be labeled as to size and type such as bends, tees, plugs, etc. 5.22 The size, type, and class of all water services shall be noted on the plans. 5.23 Water services shall be a minimum of one inch nominal inside diameter. 5.24 The sewer and water service shall be included in the pressure and leakage testing requirements for the main lines. 5.25 All watermain outside of roadway areas must have marking signs placed at the front and back of the property lines. Signs shall be blue “Rhino Marking Posts” or approved equal and should be shown on the plans. Surface Water Page 537 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 24 SECTION SIX: STREETS The design and construction of public infrastructure facilities shall be performed in accordance with the most recent editions of the Minnesota Department of Transportation (MnDOT) “Standard Specifications for Highway Construction” and any amendments thereto. The following are specific requirements related to the design of streets: 6.1 Roadway widths from back of curb to back of curb and right of way widths should be determined as follows: Classification Road Width ROW Width Curb Style Local Street 32 feet* 50 feet** Surmountable Commercial Street 36 feet 60 feet B618 Collector Street 36 feet 66 feet B618 Arterial Street 44 feet 80 feet B618 * 28 foot wide streets in environmentally sensitive areas as determined by the City Engineer. **Sidewalk on one side 55 feet, Sidewalk and trail 60 feet. 6.2 The minimum street and right-of-way width shall be determined by the City Engineer for streets approaching County and State roadway intersections. 6.3 Street connections should be reviewed against the Comprehensive Plan. 6.4 Streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. The minimum angle of intersection of streets shall be eighty (80) degrees. Local street intersections must have a centerline offset of at least 280 feet. Local streets intersecting with a collector or higher order street must have a centerline offset of at least 660 feet unless topographic or other conditions render the requirements of this provision unreasonable. 6.5 Street alignment for local streets, both vertical and horizontal, shall be designed for 30 MPH design speed based on the MNDOT State Aid Manual unless otherwise approved by the City Engineer. Horizontal curves shall have a minimum 250’ centerline radius. Vertical and horizontal curves on major and minor collector streets must be designed in accordance with MNDOT State Aid standards. 6.6 Vertical curves shall be designed using the following formula: Sag vertical curves: L=KA L = minimum length of vertical curve in feet K = 36 (30 MPH Design Speed) A = Algebraic difference in grade Crest Vertical Curves L=KA Surface Water Page 538 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 25 K= 30 (30 MPH Design Speed) 6.7 The design speeds of commercial streets, collector streets, and arterial streets must be approved by the City Engineer. Refer to the MNDOT State Aid Manual for more information. 6.8 Plan and profile sheets are required for all new subdivision streets. The plan and profile sheets should include centerline stationing and the typical section for the street shown. The street construction plans shall include a grading plan and/or cross sections. 6.9 The horizontal and vertical curve data must be shown on the street plans and should include: curve lengths, radius lengths, tangent lengths, stationing, delta, algebraic differences, and K values. 6.10 Regardless of soil type, the minimum bituminous thickness for street sections shall be 4”. The base course shall be 2 1/2” thick after compaction. The wear course shall be 1 1/2” thick after compaction and placed the next construction season after base course placement. A minimum of 6” of Class 5 (crushed limestone) and 2’ subcut with granular borrow is also required. Soil borings, pavement design calculations, and/or special design considerations are required to verify design. Provide drain tile at all low points across roadway along both sides of the storm sewer pipe and twenty-five feet along curbline in each direction of the low point catch basins. 6.11 Flexible pavement design shall be based on design procedures set forth by the Minnesota Department of Transportation. Arterial, commercial, or collector streets shall be designed for a minimum nine (9) ton pavement design. Local streets shall be designed for a minimum seven (7) ton pavement design. 6.12 Minimum street grade shall be 1.00%. The design maximum shall be 8.00%. At intersections, the street grade shall not exceed 2.00% for the first 100’ approaching said intersection. The 100’ is measured from the curb line of the intersected street. In cul-de-sacs, the gutter grade shall not be less than 0.80%. 6.13 A minimum 0.5’ crown or 2% cross-slope grade, whichever is greater, is required of all street cross-sections. The minimum curb return radius shall be 25’. The minimum grade around curb returns shall be 0.50%. 6.14 Opposing street intersections and commercial driveway intersections shall match at the centerlines. If the streets or driveways cannot be aligned to match, then the intersections shall be offset as approved by the City Engineer. 6.15 Temporary “dead-end” situations associated with providing access for future extension to and through adjacent undeveloped property require a cul-de-sac with concrete curb and gutter installation and a sign reading “Possible Future Roadway Connection”. Cul-de-sac design should follow the requirements of Plate #605. Temporary “dead-end” situations associated with phased development do not require concrete curb and gutter along the radius of the cul-de-sac. 6.16 A cul-de-sac is not needed if the “dead-end” street is less than 200 feet in length. However, a sign reading “Possible Future Roadway Connection” and barricades in accordance with the Surface Water Page 539 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 26 Minnesota Manual on Uniform Traffic Control Devices shall be placed at the end of these “dead- end” streets. (See Plate #613.) 6.17 The design and construction of sidewalks and trail shall be in accordance with the City’s Standard Plates and City ordinances. Sidewalks shall be 5’ wide concrete and trail shall be a minimum of 8’ wide bituminous. The cross slope of the sidewalk or trail shall not exceed 2% and must follow the requirements of the American Disabilities Act. The boulevard between the street and the sidewalk or trail must be between 3% - 5%. At low points, the boulevard should be between 5% - 10%. 6.18 Pedestrian curb ramps shall meet the latest MNDOT specification. 6.19 Provide conceptual layout for adjacent areas which have not been developed. The roadway grade and location should be reviewed for adjacent properties. 6.20 Street signage should be placed on the street plans and should follow the requirements of Plates #105, #611, #612, and #613. 6.21 Pavement markings must follow the requirements of MNDOT. Add note to the plans stating that the Contractor must give the City Public Works Department at least 48 hours notice prior to pavement marking. The City must have time to review the layout. 6.22 If the gutter lines are different from the centerline, separate profiles need to be shown. 6.23 The City will reimburse the Developer for “oversizing” of public streets based on the following criteria: If the street right-of-way is above 66 feet, if the design strength of the roadway is above 7 ton (if the minimum street section meets the roadway design, no oversizing will be paid), or if the roadway with is above 36 feet (back of curb to back of curb). No reimbursement will be made if the traffic generated by the development requires “oversizing”. 6.24 Provide note on the plans stating that the final date for paving of the bituminous base course and curb placement is November 1st, and final date for paving the bituminous wear course is September 30th and that no paving shall commence prior to removal of seasonal road restrictions. SECTION SEVEN: COUNTY AND STATE RIGHT-OF-WAY The design and construction of public infrastructure facilities shall be performed in accordance with the most recent editions of the Minnesota Department of Transportation (MnDOT) “Standard Specifications for Highway Construction” and any amendments hereto and the requirements outlined in the Scott County Permit. The following are specific requirements related to the design within County or State right of way: Surface Water Page 540 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 27 7.1 Work within the Scott County or State of Minnesota right of way will require a permit from the governing agency. 7.2 Any modification to Scott County or State of Minnesota roadways requires plan sheets and cross sections every 50 feet. 7.3 Any replacement of the pavement section should receive prior approval from the governing agency. 7.4 Any modifications to the left turn lanes or right turn lanes require plan sheets and details that match the latest governing standard. Plans should include milling and sawcutting limits and cross sections every 50 feet. 7.5 Street signage off of Scott County or State of Minnesota roadways must be 9” signage with 6” lettering and a 6” City of Prior Lake logo. 7.6 Trails along Scott County or State of Minnesota roadways must be located at least 8 feet from the edge of roadway and be 10 feet in width. 7.7 Access from Scott County or State of Minnesota right of way shall be limited to those areas detailed in the permit. 7.8 Plantings, monument signage, or other structures shall not be placed within the Scott County or State of Minnesota right of way. 7.9 Any work or modification to traffic signals must be coordinated through Scott County or the State of Minnesota. 7.10 The County and State of Minnesota require at least 48 hour notice for placement of striping targets. The striping plans must be approved prior to placement of the striping. SECTION EIGHT: STREET LIGHTING 8.1 Residential street lighting shall conform to the City Residential Street Lighting Policy. See “EXHIBIT I” for a copy of the City’s Residential Street Lighting Policy. 8.2 All street lights and all street lighting plans require approval of the City Engineer. Only three standard lights shall be installed in the City of Prior Lake. They are “Traditional” style, “Decorative” style, and “Shoebox” style (See Plate #106). 8.3 In new subdivisions developers shall: ▪ Pay the full capital cost of every light to be installed. ▪ Pay operation and maintenance for the project’s street lighting system until the City accepts the project. ▪ Follow design standards as outlined in the Street Lighting Policy. Surface Water Page 541 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 28 SECTION NINE: COMMERCIAL AND INDUSTRIAL STANDARDS Commercial and Industrial improvements require civil engineering plans signed by a Registered Professional Engineer. The requirements outlined herein are intended to provide minimum design requirements. The Engineer of record should provide additional detailed information on the plans as necessary. 9.1 Civil plans should include: title sheet, survey of existing site conditions, site plan, grading/erosion control plan, utility site plan, and detail sheet. The survey shall be shown on a separate sheet. All other sheets can be combined if approved by the City Engineer. ▪ Plan sheets shall be on 22”x34”. ▪ The maximum scale must be 1” = 30 feet. Grading plan may have up to 50 scale if needed to show entire site on one sheet. ▪ Plan sheets should include a north arrow in the upper right corner of each page. ▪ Plans are to include the following: legend, City project number, benchmark. ▪ Plans should use typical engineering symbols as shown in Plate # 100. ▪ All plans should be drafted in computer aided drafting (CAD) format following the City of Prior Lake layer system as shown in the attached “EXHIBIT R”. The drawings should be printed in grayscale. ▪ All plan sheets shall be “screened” to feature the proposed improvements. For example, on the utility sheet, the proposed utilities should be shown in a darker font than the streets, driveways, etc. 9.2 Title page should include a Location Map (Scale 1” = 2000’) showing the location and names of major streets within one mile of proposed site, all streets in the proposed project, all proposed or non-existing future streets and all other streets in the vicinity of the proposed project. The project area shall be circled. Title sheet shall also include the Engineer contact information, project information, sheet index, City project number, and benchmark. The existing and proposed legends can also be placed on the title page. The Certificate of Survey should include the following: ▪ Parcel address and lot and block number ▪ Plat name or parcel number ▪ Datum ▪ Legal description ▪ Topographical features ▪ Wells ▪ Trees ▪ Spot elevations ▪ Existing contours in one foot increments Surface Water Page 542 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 29 ▪ Existing streets ▪ Property lines and corner monuments ▪ Existing easements ▪ Utilities, public and private ▪ Wetlands and ponds ▪ Driveways ▪ Benchmark 9.3 The Site Plan should include the following: ▪ Property and easement lines ▪ Site dimensions ▪ Site conditions and existing development on the subject property and immediately adjacent property ▪ The proposed use of all areas on the site ▪ Proposed location of all buildings ▪ All public streets, entrance and exit drives and walkway locations ▪ All parking areas, pavement type and pavement striping ▪ Fire lane and parking stall dimensions ▪ Concrete curb and gutter, shown as three separate lines ▪ Sidewalk and pedestrian ramps ▪ All ponding facilities ▪ All retaining walls ▪ All surface utilities ▪ Trash enclosures ▪ Outdoor mechanical equipment ▪ Proposed fencing ▪ Construction limits ▪ Construction notes ▪ Street light locations ▪ Entrance, paving, curb and gutter, and sprinkler system details 9.4 The Grading and Erosion Control Plan should include the following: ▪ Existing and proposed contours shown in one foot increments ▪ Existing spot elevations ▪ Existing significant tree locations ▪ Proposed topographical features (building, parking lot, etc.) ▪ Door locations showing finished floor elevations ▪ Roof scupper locations ▪ Existing topographic features ▪ Proposed spot elevations as necessary ▪ Proposed handicapped access parking locations ▪ Catchbasin and manhole locations ▪ Proposed storm sewer pipe locations ▪ Proposed storm sewer rim and invert elevations ▪ Proposed drainage and utility easements ▪ Proposed watermain valve and hydrant locations ▪ PIV location Surface Water Page 543 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 30 ▪ Erosion control features ▪ Property lines and easements ▪ Sanitary manhole locations ▪ Retaining wall locations with top and bottom of wall elevations noted ▪ Pedestrian ramp locations ▪ Spot elevations for handicapped parking areas ▪ Tree protection fencing ▪ Emergency overflow locations and elevations ▪ Erosion control details 9.5 The Utility Plan should include the following: ▪ General site features (building, parking lot, curb and gutter) ▪ Existing and proposed utility locations ▪ Material size, type and class ▪ Existing topographic features ▪ Slope of sanitary sewer ▪ Catchbasin and manhole locations with rim and invert elevations ▪ Invert elevations for utilities at a point 5 feet from the building ▪ Hydrant, tees, cross, bend, PIV, sprinkler connection, and valve locations ▪ Label watermain bends and service locations ▪ Service inverts ▪ PIV ▪ Irrigation service ▪ Property and easement lines ▪ Pipe length and slopes ▪ Drain tile location ▪ Utility connection notes ▪ Utility details 9.6 All plans should have a legend showing all line types used on the plan sheet, a bar scale, and a north arrow. 9.7 All plans should provide notes detailing construction activities (ie. sawcutting, utility connections, removals, salvaging, etc.). 9.8 Curb radii shall be a minimum 25’ for entrances off of a public street. 9.9 Unless approved by the City Engineer, street intersections and commercial driveway intersections shall match at the centerlines. If the streets or driveways cannot be aligned to match, then the intersections shall be offset as approved by the City Engineer. 9.10 Hydrant spacing should be 300’ maximum. 9.11 A manhole is required at the property line/easement line in Commercial/Industrial areas where service connection to the City system is made. These manholes will serve as an inspection or monitoring manhole. Surface Water Page 544 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 31 9.12 Commercial buildings must have a separate domestic service line with a curb stop and a fire flow service line with a shutoff valve. Curb stops and shutoff valves must be located within the right-of-way or easement. 9.13 If a separate domestic water line is included in the design, the connection to the watermain must be separate from water line for fire protection. 9.14 Commercial entrances must be at least 25 feet wide with a maximum width of 36 feet per standard Plate # 607. 9.15 All sidewalks and handicapped parking areas must meet ADA requirements. 9.16 Commercial buildings must follow the requirements of the grading erosion control section and hydrology part of this manual. 9.17 Design and maintenance of Off-street parking areas must follow section 1107 of the Zoning Ordinance. 9.18 A 6-inch, poured in place, concrete curb shall be provided around the periphery of all parking lots for 6 cars or more unless it is demonstrated by a drainage plan that a 6-inch curb will impede the planned overland drainage. In that case other pavement edge treatment may be approved if it restricts vehicle parking to the designated parking area, protects the pavement edge and protects vegetation. A 6-inch poured in place concrete curb or other pavement edge treatment is required along all internal access roads. Curbs or other means shall be provided to prevent parked vehicles from overhanging property lines or damaging plant materials. 9.19 The watermain entering the building should be sized to meet fire flow requirements. 9.20 The sanitary sewer shall be sized to meet the demands of the commercial building. 9.21 Plans should have note to contact Gopher State One Call for location of utilities. 9.22 Plans must demonstrate that the intended vehicles be able to make turning radius movements. 9.23 Place note on the plans that the Contractor shall contact the Engineering Division at 951-447- 9830 to coordinate inspections for utility installation. City inspection requires a minimum of 48 hours notice. 9.24 The City requires 48 hours notice for any watermain shutoff. Watermain shutoff shall be performed by City personnel only. 9.25 The developer shall obtain all regulatory agency permits and approvals necessary for the proposed construction including but not limited to: Minnesota Department of Natural Resources, Army Corp. of Engineers, the Minnesota Department of Health, Minnesota Pollution Control Agency, Metropolitan Council, and Prior Lake/Spring Lake Watershed District, etc. Surface Water Page 545 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 32 9.26 Grades within parking lots should be between 2% - 5% except as required for ADA accessible areas. 9.27 Heavy duty concrete aprons shall be constructed for all commercial / industrial entrances from the roadway to the property line as shown on Plate #607. The thickness of the concrete section shall be a minimum of 8”. Entrances shall have a maximum slope of 10%. 9.28 Design and maintenance of off-street parking areas shall follow the provisions of section 1107.204 of the City of Prior Lake Zoning Code. 9.29 Minimum watermain size shall be 6” DIP within commercial / industrial site served with fire hydrants. 9.30 Pre-construction meeting is required before construction. 9.31 After construction an as-built record plan shall be submitted. The as-built plan shall follow the requirements of Section 10 of the Public Works Design Manual prior to issuance of any certificate of occupancy. 9.32 Storm sewer must be RCP or other material approved by the City Engineer. SECTION TEN: RECORD PLANS Record plans are required for all residential subdivisions, commercial subdivisions, commercial building sites, and public improvement projects. The record plans must follow the requirements below: 10.1 All as-built record plans shall be provided in 22”x34” mylar, 22”x34” paper, 11”x17” paper plots, digital format (PDF or TIF – including Engineer’s signature), and CAD format. 10.2 Distances, lengths and ties on as-built plans shall be lettered in italics. All tie measurements to gate valves and service stubs shall be to the nearest foot. 10.3 All curb stop boxes and sanitary sewer lines shall be tied at the property line with at least two ties using the following priority: ▪ The served structure with address noted ▪ Neighboring structures with address noted ▪ Fire hydrants ▪ Manholes ▪ Catch basins (if curb and gutter are in place) ▪ Other permanent structures (telephone pedestals, transformers, bridges, etc.) ▪ Power poles, trees, other semi-permanent items ▪ Stationing from hydrants, manholes, catch basins. These may be used with back-of-curb distance ▪ Adjacent services ▪ All ties should be less than 100 feet. All ties should be shown in table format. Surface Water Page 546 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 33 10.4 All gate valves shall be tied with at least two ties using the following priority: ▪ Fire hydrants ▪ Manholes ▪ Catch basins (if curb and gutter are in place) ▪ Buildings with address noted ▪ Other permanent structures (telephone pedestals, transformers, bridges, etc.) ▪ Power poles, trees, other semi-permanent items. ▪ Stationing from hydrants, manholes, catch basins. These may be used with back-to-curb distance ▪ Adjacent services ▪ All ties should be less than 100 feet. All ties should be shown in table format. 10.5 Final quantity tabulations shall be submitted for the following: ▪ Sanitary sewer by footage and size ▪ Watermain by footage and size ▪ Number of hydrants, gate valves, manholes, catch basins, etc. ▪ Storm sewer by footage and size ▪ Streets by linear footage and square yards ▪ Sidewalks by linear footage and square yards ▪ Trails by linear footage and square yards 10.6 At the bottom of each as-built sheet indicate the following: ▪ Contractor’s name ▪ City Project number ▪ “Record Plan” and date completed 10.7 Digital CAD format of record plan data (“base plan”) shall meet the following criteria: ▪ Base Plan drawings shall be in Autodesk AutoCAD (DWG or DXF) format, compatible with the City’s current software version. ▪ Base Plan drawings shall be in the Scott County coordinate system (feet) or a system approved by the City Engineer. ▪ Base Plan shall be drawn using the City of Prior Lake layer system as shown in the attached “EXHIBIT R”. ▪ Base Plan shall have all lines representing pipes drawn continuous between fittings, bends, structures, etc. Pipe lines shall meet end to end. ▪ Base Plan shall have all lines representing gravity pipes drafted in the direction of flow. ▪ Insertion point of all blocks representing structures shall be placed at the end point of lines. Surface Water Page 547 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 34 PART III HYDROLOGY RULES Site hydrology must follow the rules specified herein. These rules are based on the policies set forth in the City of Prior Lake Local Surface Water Management Plan (LSWMP), the Water Resource Management Plan of the Prior Lake-Spring Lake Watershed District (PLSLWD), and the Comprehensive Water Resource Management Plan and Rules of the Scott Water Management Organization (Scott WMO). By enforcing the rules of this Part, the City of Prior Lake is fulfilling the requirements of State Statute Chapters 103Band 103D and Minnesota Rules Chapter 8410. The City of Prior Lake enforces these rules under the terms of a Memorandum of Understanding or Memorandum of Agreement (MOU or MOA) with both the PLSLWD and Scott WMO. In the future, when major amendments are needed in this Part, the Scott WMO and the PLSLWD must be consulted and must grant approval for said amendments as required by Scott WMO, PLSLWD, State Statute, and Minnesota Rules. Index of Sections Section One Definitions Section Two Format and Standards Section Three Grading, Erosions and Sediment Control Section Four Site Hydrology and Stormwater and Volume Management Section Five Drainage Alterations and Floodplain Management Section Six Wetlands Section Seven Pond Design Criteria Section Eight Storm Sewer Design Criteria Section Nine Miscellaneous and CN Reductions SECTION ONE: DEFINITIONS Best Management Practices (BMPs): Practices to prevent or reduce the pollution of the waters of the state, including schedules of activities, prohibition of practices, management practices, treatment, requirements, and operating procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. BMPs include practices documented in the Minnesota Stormwater Manual (MPCA), Protecting Water Quality in Urban Areas (MPCA, 2000), and other MPCA manuals, all as amended. Buffer: An area of natural, non-invasive, permanently undisturbed, vegetated ground cover adjoining and surrounding a wetland measured from the delineated edge of the wetland. Buffer Averaging: Varying the width of a buffer while maintaining compliance with all buffer requirements outlined in Section Six, Wetlands. A buffer around a wetland may have variable width as long as any minimum buffer width requirements are met. The overall buffer area must be equal in area to a corresponding fixed width buffer around the same wetland, set at the average width. Surface Water Page 548 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 35 Common Plan of Development or Sale: A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. One plan is broadly defined to included design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur. Construction Activity: A disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling, and excavating. EOF: Emergency Overflow. Expandable Ponding: Ponds built in low areas common to multiple developments that can be easily expanded when neighboring areas develop. HWL: High water level of a pond or basin resulting from the 100-year, 24-hour storm. Landlocked Basin: Any depression with a contributing drainage area greater than 1 acre that does not have a natural surface outflow below the level of the 100-year, 24-hour storm, or below its OHW. LSWMP: Local Surface Water Management Plan. Maintained Area: Turf grass or landscaped area that receives regular maintenance such as mowing or mulching. MS4 Permit: MPCA General Permit authorizing the discharge of stormwater associated with small Municipal Separate Storm Sewer Systems (MS4) under the NPDES/SDS permit program; Permit No. MNR040000. Net Acre: Total land area minus any wetland, lake, or bluff acreage. New Development: All construction activity that is not defined as redevelopment. No-grade zone: An area around a wetland where no change in grade is allowed. NPDES Construction Stormwater Permit: MPCA General Permit authorizing the discharge of stormwater associated with construction activity under the NPDES/SDS Program; Permit No. MNR100001. NWL: Normal water level, the elevation of the permanent wet pool of for a pond or basin. OE: Outlet Elevation, the primary outlet elevation of a pond or basin. OHW: Ordinary High Water level. Surface Water Page 549 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 36 Qualifying Small Sites: Sites where development, redevelopment, or change in use creates more than 3,500 square feet of new impervious area and disturbs more than 10,000 square feet of land, but where coverage under the NPDES Construction Stormwater Permit is not required. Redevelopment: Any construction activity where, prior to the start of construction, the areas to be disturbed have 15 percent or more of impervious surface(s). Reduce: Reduce to the Maximum Extent Practicable (MEP) unless otherwise defined in the context in which it is used. Regional ponding: Permanent stormwater facility used to provide rate control and water quality treatment for an area that encompasses two or more entities (including but not limited to developments, subdivisions, building additions, and conditional uses). Stormwater: Stormwater runoff, snow melt runoff, and surface runoff and drainage. Stormwater Management Overlay District: An area within the City that has a separate set of standards, generally defined by a tributary feature (Example: Any area draining to the Prior Lake Outlet Channel). Structural Stormwater BMP: A stationary and permanent BMP that is designed, constructed, and operated to prevent or reduce the discharge of pollutants in stormwater. Swale: A wide, shallow, vegetated depression in the ground designed to channel drainage of water. Tributary Area: Total land area that drains into a pond, wetland, ditch, stream, reach, or other point of interest on site in the existing condition, prior to any drainage alterations or landlocked basin connections. Volume Management: Limiting volume and rate of stormwater by impounding water for extended durations within a tributary area. Volume Storage: Volume set aside for holding stormwater below a natural or created outfall that during hydrologic variation mitigates effects of increased stormwater volume. SECTION TWO: FORMAT AND STANDARDS 2.1 Construction Drawings Show the OE and HWL for ponds and the OHW for water bodies on the plans. Show garage floor, low floor, and rear pad elevations and housing style for each unit on the grading plan. Include a schematic describing each housing style and typical grading. Show limits of clearing and limits of grading on grading plan and tree preservation plan. Show removal of all trees and brush that will occur below the NWL of existing and newly created ponding areas. Surface Water Page 550 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 37 Show emergency overflow routes using arrows from all low points and show elevation of high point along emergency overflow route. All emergency overflow routes shall be graded and the easement area sodded prior to Building Permit issuance. Show or define access routes for maintenance purposes to all stormwater infrastructure and ponding areas (maximum of 8% grade, maximum of 2% cross slope, and minimum of 10’ wide). Drainage and utility easements shall be dedicated at the time of final platting to provide this access. 2.2 Stormwater Management Report Calculations shall be submitted showing proposed design elements that meet requirements of this Part. A narrative describing the proposed system shall accompany this collection of calculations. The stormwater narrative shall be a brief and clear description of the stormwater system that summarizes and reference figures, tables and plan sheets. The following are the minimum summary/narrative elements: ▪ Narrative describing the proposed system, referencing requirements in this Part ▪ Summary of existing and proposed offsite runoff rates and volumes ▪ Summary of volume control requirements and curve number reductions claimed ▪ Narrative describing volume control method and why it was chosen ▪ Summary of volume control system showing that it meets requirements ▪ Existing and proposed drainage maps ▪ Walker method calculations SECTION THREE: GRADING, EROSION AND SEDIMENT CONTROL Site erosion and sediment control described here is in addition to the Stormwater Pollution Prevention Plan (SWPPP) as required by the NPDES Construction Stormwater Permit. All sites must comply with the NPDES Construction Stormwater Permit regardless of whether the builder/developer is party to the Permit. 3.1 Grading Standards Maximum 4:1 slopes are allowed in “maintained” areas except approved by the City. Maximum 3:1 slopes are allowed for road fill sections adjacent to water bodies, buffers, or other areas permanently protected by easements or City ownership. Minimum grade for swales and lot grading shall be 2% or greater. Drainage swales shall have a maximum length of the greater of: (i) 300 feet; (ii) a total of eight lots draining to a point; or (iii)as approved by the City. Backyard drainage structures should be avoided. Drainage swales shall be graded and stabilized (drainage blanket, seed and mulch, or sod) prior to the issuance of Building Permits. A minimum of 15 feet beyond the house pad shall have a slope less than 10:1. Verify locations and design of all overland drainage routes for capacity and erosion potential. All low points in streets must have E.O.F’s designed for the 100 year storm event. Surface Water Page 551 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 38 3.2 Erosion and Sediment Control / SWPPP Standards. All construction activity that results in land disturbance of equal to or greater than 1 acre or a common plan of development or sale that disturbs greater than 1 acre must comply with the requirements of the NPDES Construction Stormwater Permit. The SWPPP must be reviewed and approved by the City before an Excavating and Grading Permit is issued. An SWPPP that meets the requirements of the NPDES Construction Stormwater Permit must be prepared for all construction activity that results in land disturbance of equal to or greater than 10,000 square feet in a shoreland zone. The SWPPP must be reviewed and approved by the City before an Excavating and Grading Permit is issued. All provisions of the NPDES Construction Stormwater Permit & SWPPP must be adhered to for the duration of the City grading permit. Provide name of company, contact person, and phone number for person responsible for SWPPP preparation, implementation, and maintenance. Provide a note on the plans specifying that all down gradient sediment control BMPs shall be installed prior to any land disturbance. The City must inspect and approve these BMPs before land disturbance may occur. Slopes greater than or equal to 4:1 shall have erosion control blanket installed immediately after finished grading. Areas coming out of agricultural production must be seeded with a cover crop prior to development. SECTION FOUR: SITE HYDROLOGY, STORMWATER AND VOLUME MANAGEMENT 4.1 General Standards A hydrologic method, based on sound hydrologic theory must be used to analyze runoff for the design of stormwater conveyance systems and permanent stormwater facilities. Curve numbers shall follow recommendations of SCS Technical Release 55, Second Edition (TR-55, 1986). Rate and volume control will be required for all development, redevelopment, or change in use that creates more than 3,500 square feet of new impervious area and disturbs more than 10,000 square feet of land. Sites exceeding these thresholds that do not require coverage under the NPDES Construction Stormwater Permit are termed Qualifying Small Sites. 4.2 Rate Control NOAA Atlas 14 precipitation depths resulting from the 2-, 10- and 100-year, 24-hour storm events (NRCS MSE3 rainfall distribution) shall be modeled for existing and proposed conditions. NOAA Atlas 14 precipitation depths for Prior Lake are 2.84”, 4.22” and 7.39” for the 2-, 10- and 100-year, 24-hour storm events, respectively. Surface Water Page 552 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 39 Rate Control Standard: Discharge rates for the 2-, 10-, and 100-year, 24-hour storm events existing before the proposed development, redevelopment, or change in use shall not be increased. Stormwater Management Overlay District #1 – Prior Lake Outlet Channel: (Figure 1) Rate control for tributary areas to the Prior Lake Outlet Channel shall hold total offsite peak runoff at or below the following schedule: 2-year, 24-hour event: 0.25 cfs per net acre 10-year, 24-hour event: 0.25 cfs per net acre 100-year, 24-hour event: 0.25 cfs per net acre Alternate Rate Control Standard for Wetlands Utilized for Volume Management: A portion of the 10- and 100-year, 24-hour storm events from a development may utilize wetlands for stormwater rate control. The wetland must be eligible based on the requirements of Section Six, Wetlands. The following schedule shall apply to the rate control a wetland provides. The Alternate Standard for Wetlands shall hold discharge out of a utilized wetland at or below the following rate schedule: 2 year: 0.05 cfs per tributary acre 10 year: 0.15 cfs per tributary acre * 100 year: Existing peak flow * * May be overridden by a stormwater management overlay district. * In the case that the wetland cannot provide the volume for active storage in the 10- and 100-year storms, the upstream stormwater system must be sized such that the system meets this requirement. Any proposed improvements utilizing wetlands for portions of the 10- or 100-year event storage must consider the build out condition of the watershed draining to that wetland. Developments will be allowed to utilize a wetland proportional to their share of the tributary area. Rate control must be constructed to serve the build-out condition of the entire subwatershed based on current zoning. Information on the utilization of wetlands for volume storage can be found in Section 6 of this Part. Wetlands may not be eligible for utilization if land ownership or easements for stormwater uses cannot be obtained. Additional requirements for rate control may be set by the City. The utilization of wetlands for active storage or volume storage is subject to the approval of the City. 4.3 Volume Control Volume Control Standard 1 – Qualifying Small Sites: Applies to qualifying small sites as defined in this Section. Site runoff volume for qualifying small sites shall be reduced from pre-project conditions by a volume equal to or greater than 0.5 inch over all new impervious surfaces, unless that standard is modified by a Stormwater Management Overlay District. Surface Water Page 553 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 40 Volume Control Standard 2 – NPDES Permit Sites: Applies to new development and redevelopment projects with land disturbance of greater than or equal to 1 acre, including projects less than 1 acre that are part of a larger common plan of development or sale and that discharge to the Prior Lake MS4. For new development projects, site runoff shall have no net increase from pre-project conditions (on an annual average basis) of: ▪ Stormwater discharge volume (unless precluded by stormwater management limitations listed in this Section) ▪ Stormwater discharge of Total Suspended Solids (TSS) ▪ Stormwater discharge of Total Phosphorus (TP) For redevelopment projects, site runoff shall have a net reduction from pre-project conditions (on an annual average basis) of: ▪ Stormwater discharge volume (unless precluded by stormwater management limitations listed in this Section) ▪ Stormwater discharge of Total Suspended Solids (TSS) ▪ Stormwater discharge of Total Phosphorus (TP) Methods for Volume Control: CN Reduction Credits: All sites shall consider the use of curve number (CN) reduction credits as a portion of the volume control requirement. These methods include tree plantings, native grass buffers, porous pavements, impervious disconnections, green roofs, constructed wetlands, and soil amendments. Credit for each method is given on an area basis at the following depths: ▪ tree plantings 0.05 inch ▪ native grass buffers 0.05 inch ▪ natural area preservation 0.05 inch ▪ soil amendments 0.05 inch ▪ impervious disconnection 0.10 inch ▪ porous pavements 0.50 inch + not counted in impervious calculation ▪ green roofs 1.00 inch + not counted in impervious calculation An example of the credit reduction can be found in Section Nine, Miscellaneous and CN Reductions. Each CN reduction method has additional requirements described in Section 9. Additional CN reduction techniques may be proposed. Approval of such techniques and assignment of credits will be at the discretion of the City. Greywater/Stormwater Recycling: For many applications, the use of pond water for irrigation can be a very cost effective method of volume control. Since these systems do not directly function on a storm by storm basis an applicant must work with the City to determine the amount of volume control credit to be applied. Infiltration: If infiltration is used the following is required: Surface Water Page 554 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 41 1. Requirements and recommendations laid out in the Minnesota Stormwater Manual shall be followed. 2. Infiltration tests shall be used to provide a base infiltration rate of surrounding soils. The base rate shall be reduced to a conservative rate for the design. The infiltration tests shall be conducted at the location and elevation of the proposed infiltration system. Bioretention: If bioretention is used the following is required: 1. Requirements and recommendations laid out in the Minnesota Stormwater Manual shall be followed. 2. Infiltration tests shall be used to provide a base infiltration rate of surrounding soils. The base rate shall be reduced to a conservative rate for the design. Stormwater Wetlands/Constructed Wetlands: Constructed wetlands may be utilized to abstract volume. Since these systems do not directly function on a storm by storm basis an applicant must work with the City to determine the amount of volume control credit to be applied. 1. Requirements and recommendations laid out in the Minnesota Stormwater Manual shall be followed. Offsite Stormwater Management: For Qualifying Small Sites, any of the above credits can be used at an offsite location to meet the volume control requirement with the approval of the City. The offsite location must be within the same watershed. Offsite BMPs must be permanently protected through an easement, development agreement and/or maintenance agreement, to ensure the volume reduction feature continues to function as designed. For NPDES Permit Sites, offsite stormwater management may be allowed for meeting TSS and/or TP reduction requirements [MS4 Permit, Part III.D.5.a(4)]. Stormwater Management Overlay District #2 – All Landlocked Basins If a development is in a tributary area to a landlocked basin, the following restricted volume control is required for that tributary area: ▪ Volume shall be reduced in the proposed condition by a volume equal to or greater than 1.0 inches over all new impervious surfaces. ▪ Extended duration detention is required such that volume discharging offsite in the proposed condition not exceed the volume discharging offsite in the existing conditions in the 24 hour period following the peak of the 100-year, 24 hour rainfall event (NRCS MSE3 rainfall distribution). Provision of an outlet or emergency overflow does not reduce the amount of Volume Control required. Surface Water Page 555 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 42 Stormwater Management Limitations and Exceptions: Infiltration techniques to achieve volume control requirements are prohibited when infiltration BMPs will receive discharges from, or are constructed in areas: ▪ Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA ▪ Where vehicle fueling and maintenance occur ▪ With less than 3 feet of separation distance from the bottom of the infiltration system to the elevation of seasonally saturated soils or the top of bedrock ▪ Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater Infiltration techniques to achieve volume control requirements, (without higher engineering review and City approval) sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, are restricted when the infiltration BMPs will be constructed in areas: ▪ With predominately Hydrologic Soil Group D (clay) soils ▪ Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features ▪ Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13 ▪ Where soil infiltration rates are more than 8.3 inches per hour For linear projects where the lack of right-of-way precludes the installation of volume control practices that meet the volume control requirements, and a reasonable attempt has been made to obtain right- of-way during the project planning process, exceptions for stormwater discharge volume under the following circumstances: ▪ The owner and/or operator of a construction activity is precluded from infiltrating stormwater through a designed system due to any of the infiltration-related limitations described above, and; ▪ The owner and/or operator of the construction activity implements, to the maximum extent practicable, volume reduction techniques other than infiltration on the site of the original construction activity that reduces stormwater discharge volume, but may not meet the volume control requirements. Wellhead protection area: ▪ Soil infiltration features must comply with requirements and limitations of wellhead protections plans. Stormwater Mitigation Provisions Stormwater mitigation provisions shall apply to all NPDES Permit Sites, as defined in this section. Stormwater mitigation shall comply with the MS4 Permit, Part III.D.5.a(4), Mitigation Provisions (page 17 of 38). Surface Water Page 556 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 43 Long-Term Maintenance of Structural Stormwater BMPs Structural stormwater BMPs not owned or operated by the City of Prior Lake that were implemented to meet the conditions for post-construction stormwater management in the MS4 Permit, Part III.D.5.a(2) shall comply with the MS4 Permit, Part III.D.5.a(5). 4.4 Low Floor / Low Opening Elevations Low Floor Elevations and Low Opening Elevations are to be designed to the following standards: Low floor elevations shall be at least: ▪ 3’ Above OHW or Highest Known (whichever is greater) ▪ 2’ Above HWL Low opening elevations shall be at least: ▪ 2’ Above EOF In the case of a landlocked basin, low floor elevations shall be at least: ▪ 3’ above the basin overflow elevation or 3’ above back to back 100-year, 24-hour rainfall events (NRCS MSE3 rainfall distribution. 4.5 Additional Requirements For development or redevelopment projects, the developer and/or property owner is responsible for the removal of all significant vegetation (trees, stumps, brush, debris, etc.) from any and all areas which would be inundated by the designated controlled outlet elevation of any required ponding areas as well as the removal of all dead trees, vegetation, etc., to the high water level of the pond. Upon the completion of the construction of a Structural Stormwater BMP, the developer is required to submit an as-built record plan of the ponding area certifying that the Structural Stormwater BMP constructed meets all design parameters. The developer may over-excavate the bottom of stormwater ponds to compensate for erosion that will occur. The developer will be responsible for verifying, at the end of the warranty period, that the ponds are providing the required volume. 4.6 Water Quality The water quality treatment standard for new stormwater ponds is a 60% reduction in Total Phosphorus (TP) and 90% reduction in Total Suspended Solids (TSS) from the proposed developed area draining to a stormwater pond. Section Seven, Stormwater Pond Design Criteria, details standard wet pool detention pond design criteria. Alternatives to stormwater ponds may be proposed but must meet water quality treatment standards. If alternatives are proposed, documentation must be submitted by the applicant based on literature values or independent laboratory work to demonstrate the performance of the alternative being proposed. Surface Water Page 557 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 44 SECTION FIVE: DRAINAGE ALTERATIONS AND FLOODPLAIN MANAGMENT 5.1 Landlocked Basins If a landlocked basin (tributary area < 25 acres) is proposed to be connected to a downstream system the following is required: ▪ If the landlocked basin contains a wetland, the rate of outflow from that wetland must follow provisions for the “Alternate Rate Control Standard for Wetlands utilized for Volume Management” detailed in Section 4. ▪ If the landlocked basin contains a wetland, Stormwater Utilization must occur to the maximum extent allowable under provisions for wetlands detailed in Section 6. ▪ If the landlocked basin does not contain a wetland, or the wetland is legally proposed to be filled under the Wetland Conservation act, the volume storage lost to connection must be mitigated by increasing volume storage of a pond or wetland equal to the lost volume of the landlocked basin utilized in the 100 year storm event. ▪ All Provisions described in Section 5, Drainage Alterations must be followed. If a landlocked basin (tributary area > 25 acres) is proposed to be connected to a downstream system the following is required. ▪ All requirements listed above apply. ▪ The PLSLWD or Scott WMO must review the proposed connection. All conditions of Scott WMO or PLSLWD approval must be met. 5.2 Drainage Alterations If the applicant proposes to artificially drain, connect a landlocked basin, obstruct, or redirect the natural flow of runoff the following is required: Drainage alteration (tributary area < 5 acres) requirements: Demonstrate: ▪ That overall change in flow volumes to each subwatershed do not burden downstream infrastructure. Requirements: ▪ Considered a minor alteration provided applicant demonstrates that downstream burdens do not exist. ▪ If there is evidence to suggest there is or will be a flooding problem immediately downstream of the proposed alteration, the requirements for drainage alteration of between 5 and 25 acres shall apply. Drainage alteration (tributary area > 5 and < 25 acres): ▪ All requirements listed above apply. Demonstrate: ▪ There is a necessity for such a change. ▪ Reasonable care has been taken to avoid impact to upstream or downstream land. ▪ Efforts have been taken to mitigate changes in downstream volume and rates. Requirements: ▪ City approval of drainage alterations is required. Surface Water Page 558 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 45 ▪ Peak rate to the gaining subwatershed of the drainage alteration must be held to rate control standard per tributary acre included in the development. Drainage alteration (tributary area > 25 acres) requirements: ▪ All requirements listed above apply. ▪ The PLSLWD or Scott WMO must approve the proposed alteration. All conditions of Scott WMO or PLSLWD approval must be met. 5.3 Floodplain Alterations If grading takes place within the floodplain (below the predicted 100-year flood elevation for a public water) no net decrease in flood storage is allowed. SECTION SIX: WETLANDS 6.1 Procedure The following procedure is dependent on the location of the wetland(s). Some requirements, common to both Scott WMO and PLSLWD are listed under “both.” To determine which watershed requirements apply to a project, applicants should contact the City early in the planning process. Stormwater susceptibility is determined from the results of a wetland functional assessment (Minnesota Routine Assessment, or MnRAM) to determine if a wetland is eligible for stormwater utilization. Both: The applicant must submit a wetland delineation and a MnRAM wetland functional assessment; these documents are then reviewed by the City. If impacts are proposed to any wetland, the procedure follows the requirements of the Wetland Conservation Act and these rules. A wetland is given a functional classification dependent on the value for vegetative diversity determined by MnRAM. Rankings are: Exceptional, High, Medium, and Low. 6.2 Requirements Both: The City must review and approve of the wetland delineation and MnRAM results. Any drainage, fill, excavation or other alteration of a public waters or wetlands is regulated by the Wetland Conservation Act (WCA), State Statutes 103G.245 and regulations adopted hereunder. The City is the Local Governing Unit (LGU) under these rules. A conservation easement is required over all buffers. Conservation easements shall be dedicated to the PLSLWD in District areas or to the City in WMO areas. Surface Water Page 559 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 46 6.3 Stormwater Susceptibility Both: Highly Susceptible: A wetland is considered highly susceptible if: ▪ Forty percent or more of the wetland complex has highly susceptible wetland communities as shown in Table 6.1 and; ▪ Highly susceptible wetland communities have medium to exceptional floral diversity/integrity. Moderately Susceptible: A wetland is considered moderately susceptible if: ▪ Forty percent or more of the wetland complex has a moderately susceptible wetland communities shown in Table 6.1 and; ▪ Moderately susceptible wetland communities have medium to exceptional floral diversity/integrity. Least Susceptible: Wetlands with low floral diversity, as determined by MnRAM, were considered to be least susceptible wetlands. Slightly Susceptible: Wetlands that do no fall under the high, moderate or least susceptible categories are considered slightly susceptible. Table 6.1 Wetland Community Susceptibility to Stormwater Impacts Highly Susceptible Wetland Communities* Moderately Susceptible Wetland Communities* Sedge Meadow Low Prairies Shrub-Carrs Bogs Coniferous Swamps Alder Thickets Coniferous Bogs Hardwood Swamps Fresh (wet) Meadows Open Bogs Seasonally Flooded Basins Shallow Marsh Calcareous Fens Deep Marsh ▪ Wetland communities determined using key provided in MnRAM. 6.4 Stormwater Utilization Table 6.2 Surface Water Page 560 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 47 Stormwater Utilization Hydroperiod Standard Highly Susceptible Moderately Susceptible Slightly Susceptible Least Susceptible 100-year Storm Bounce Existing Existing + 0.5 ft Existing + 1.0 ft No Limit Discharge Rate Existing Section 4: Wetland Standard (1) Section 4: Wetland Standard (1) Section 4: Wetland Standard (1) 1 & 2 year NRCS event Inundation Existing Existing + 1 Day Existing + 2 Days Existing + 7 Days 10 yr NRCS event Inundation Existing Existing + 7 Days Existing + 14 Days Existing + 21 Days (2) Outlet Control Elevation None: Note OE/HWL on Map None: Note OE/HWL on Map 0 – 2 ft additional storage 0 – 4 ft additional storage (1) Rates shall be held to the rate control requirements of Section 4, alternate rate control standard for wetlands, unless obtaining these rates is prevented by inundation period requirement. (2) Outlet Control Elevation changes can be made to mitigate volume storage as required in Section 5. 6.5 Buffer & No-Grade Zone Requirements PLSLWD: The following are the buffer and minimum no-grade zone requirements for each functional classification. The tiered buffer requirement is based on a functional classification of; exceptional, high, medium or low, and can be found using the results of the MnRAM vegetation assessment as described above Table 6.3 PLSLWD Buffer, Setback and No-Grade Matrix Buffer Requirement Exceptional High Medium Low Average Buffer Width (ft) 30 30 30 30 Minimum Buffer Width (ft) 20 20 20 20 Minimum No- Grade Zone (ft) 10 10 10 10 Foundation setback from Buffer 20 20 20 20 Scott WMO: The following are the buffer and minimum no-grade zone requirements for each functional classification. The tiered buffer requirement is based on a functional classification of; exceptional, Surface Water Page 561 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 48 high, medium or low, and can be found using the results of the MnRAM vegetation assessment as described above. Table 6.4 Scott WMO Buffer, Setback and No-Grade Matrix Buffer Requirement Exceptional High Medium Low Average Buffer Width (ft) 65 50 30 25 Minimum Buffer Width (ft) 25 25 25 25 Minimum No- Grade Zone (ft) 25 25 25 25 Foundation setback from wetland 35 35 35 35 Both: Grade changes or other disturbances are not allowed in no-grade zones with the following exceptions: Pipe outlets and associated riprap, reseeding or soil amendments, embankment and impacts associated with an approved CIP transportation corridor, grade changes adjacent to approved WCA impacts to wetlands, approved wetland or flood storage mitigation areas and temporary impacts associated with utility installation. A buffer width may vary using “Buffer Averaging.” Buffer width may be reduced to the minimum buffer width, but the overall buffer area must be equal in area to a hypothetical fixed width average buffer around the same wetland. 6.6 Buffer Vegetation Requirements: Both: Buffer must be seeded with a native mix with forbs. A two year maintenance period is required as part of the developers agreement or other City agreement. If at the end of the two year maintenance period the seed has not established, there is a prevalence of invasive species, or there are other encroachments, over-seeding or reseeding may be required. Land use within a buffer shall be subject to the following restrictions: Buffer vegetation shall not be cropped, cultivated, hayed, mowed, fertilized, or subject to the placement of mulch or yard waste or otherwise disturbed, except for the periodic cutting or burning that promotes the vegetative health of the buffer or as needed to address invasive or noxious species. Buffers may be temporarily disturbed when permitted by the City. No new structure or hard cover may be placed within a buffer area. No fill, debris, or other material may be excavated from or placed in a buffer area. Buffer strips shall be required whether or not the wetland is on the same parcel as the proposed development or on an adjacent parcel. Wetlands on adjacent parcels need not be delineated, but an estimation using aerial photos or other methods will be required. Surface Water Page 562 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 49 If acceptable vegetation is in place, reseeding is not required. Acceptable natural vegetation has the following characteristics: A continuous dense layer of perennial grass uncultivated or unbroken for 5 years or has an overstory of trees of shrubs uncultivated or unbroken for 5 years. 6.7 Buffer Monuments and Easement: Both: Buffer strips shall be identified within each parcel by permanent monuments. A monument shall be required at each parcel line where it crosses a buffer strip and shall have a maximum spacing of 200 feet along the edge of the buffer strip. An additional monument shall be placed at the midpoint of each lot and/or as necessary to accurately define the edge of the buffer strip (considering curvature). A monument shall consist of a post and a buffer strip sign. The signs shall comply with City Plate #203, Wetland Boundary Signs. The signs shall be installed prior to the issuance of a Building Permit and should be shown on the approved plans. Buffer strip signs must be purchased from the City at a cost shown on the latest fee schedule. All buffer strips must be covered by drainage and utility easement and conservation easements. Drainage and utility easement shall be granted to the City of Prior Lake. Conservation easements shall be dedicated to the PLSLWD in District areas or to the City in WMO areas. SECTION SEVEN: STORMWATER POND DESIGN CRITERIA Water Quality Volume The permanent pool volume for stormwater ponds shall be calculated using the Design Calculations for Wet Detention Ponds by Dr. William W. Walker (1987) presented below. WA Total Watershed area (acres) iA Area of impervious surfaces draining to stormwater conveyors (acres) iF Impervious Fraction w i A A CN area weighted mean NRCS curve number for pervious portion of watershed (Based on soil type and land cover) P= Design storm size =2.5 (inches)   101000 CNS Maximum soil retention (inches) iiFSP SPFPR  18.0 2.0 2 = Runoff for design storm (inches) 12 wARV Volume of permanent pool (acre-feet) Surface Water Page 563 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 50 Rate Control Volume The active volume (between the OE and the HWL) shall be sized to meet the rate control requirements outlined in Section 4, Rate Control, using a maximum slope at 4:1 (H:V). Additional Design Criteria The use of regional ponding, stormwater wetlands, or expandable ponding is encouraged by the City. A 10’ wide aquatic vegetation bench is required below the OE of the pond, with the maximum slope of 10:1. The invert elevations of pond inlet flared end sections shall match the OE of the pond. Submerged outlets will only be allowed at the discretion of the City. Outlet control structures from ponding areas are required as directed by the City. Location and appearance of outlet structures shall be subject to City approval and may require landscape screening. The EOF of a pond should be at least 1 foot higher than the HWL. The top of dike elevation should be at least 2 feet higher than the HWL. Dikes used to create rate control ponds must at maximum use 4:1 slopes and measure 10’ wide at top. At minimum, a clay core should be designed in consideration of groundwater flow. If head difference between OE of pond and downstream land exceeds 3’, soils data will be required in the area and dike design must address maintenance of pond water level and dike stability. Outlet pipes through engineered dikes with head differences greater than 6’ should be designed with anti-seep collars. Sand bedding shall not be used through dike section. Pond outlets shall provide floatable debris skimming for the 10-year, 24-hour rainfall event (NRCS MSE3 rainfall distribution). A manhole with a baffle wall with orifice or notch is recommended to control rate. Outlet rate control manholes shall have a top mitered to conform to fill. A 66” minimum diameter is required to provide access to both sides of the weir wall. SECTION EIGHT: STORM SEWER DESIGN CRITERIA Surface Water Page 564 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 51 Storm sewer facilities shall use design criteria utilizing a rational or hydrograph method based on sound hydrologic theory to analyze the storm water runoff and proposed development. (Such as the Soil Conservation Service TR-55 Urban Hydrology for Small Watersheds) Storm sewer facilities shall be designed for a 10-year, 24-hour rainfall event (NRCS MSE3 rainfall distribution) for local pipe design and a 100-year, 24-hour rainfall event (NRCS MSE3 rainfall distribution) for ponding detention basin design and trunk facilities. Pipe size and grade shall be greater than 15” ID and 0.5% slope. Pipe class shall conform to design standards as shown in “EXHIBIT M”. Drainage calculations shall be submitted to show the sizing of pipe, ponds, emergency overflow spillways, and catch basin interception analysis. Assuming catch basins can receive a maximum of 3 cfs, multiple catch basins may be required at low points. Provide for overflow routes to drain all street and backyard low points. SECTION NINE: MISCELLANEOUS AND CN REDUCTIONS Section 4 detailed a credit system used for volume management; the following is additional information on that credit system. The following calculation is an example of volume control met entirely through the use of CN reductions. This will not be suitable for most sites but serves as an example on how to use a variety of methods to meet the requirement. 50 acre site with 20% impervious surfaces, = 10 acres new impervious (actual calculation required) 10 acres impervious x 0.5in volume control requirement = 5ac-in or 18150cf volume. (see next page for sample calculation) Volume Credits Claimed: CN Reduction Category Area (acres) Area basis depth (in) Credit (ac-in) Native grass buffers 5 0.05 0.25 Pervious pavers 1 0.50 0.50 Pervious paver area no longer counted in impervious calculation 1 0.50 0.50 Tree plantings 5 0.05 0.25 Soil amendments 30 0.05 1.50 Impervious area disconnection 5 0.10 0.50 Green roof 1 1.00 1.00 Green roof area no longer counted in impervious calculation 1 0.50 0.50 Total Volume Credits: 5.00 ac-in Additional Requirements for CN Reduction Surface Water Page 565 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 52 Tree plantings: Area determinations for tree plantings shall be assumed at 500sf per tree. (Based on an conservative average water use of 1cf per day per tree at 7 years in an open canopy condition, less average tree mortality, 3days water use per storm 0.7*(1/(.05/12))*3 the beneficial effects of canopy intercept are ignored). This reduction can be used in combination with the native grass buffer (ex. Oak prairie restoration could count as tree planting, native grass and soil amendment reduction). Native grass buffers: Area determination shall only include buffers currently, or proposed to be, established in a native species. Area must be included in a permanent conservation easement dedicated to the City or PLSLWD. Natural area preservation: Upland wooded or prairie areas proposed include only those areas not already prohibited from development (buffers, bluffs, etc.) and must be kept in their natural state through outlot dedication and/or conservation easements. No grading is allowed in preservation areas. Preservation area must be denoted through the use of decorative fencing, informational signing, or other methods approved by the City. Soil amendments: Soil amendments must take place after building construction is compete to avoid compaction during the construction process. Soil amendment shall be designed to mitigate the effects of compaction due to mass grading by returning the soil to a loose, friable state able to transmit water. All soil amendments must be designed by a licensed professional engineer or professional soil scientist. Soil design must promote deep loosening of the mass-graded soils strata, and improvement of infiltration and moisture retention characteristics of the topsoil. (Example: 18” deep ripping or tilling of base soils and compost mix after mass grading, followed by the application of a designed mix of compost, peat, sand, and topsoil and spread at 6” depth). Impervious disconnection: Area determination for impervious disconnections will be that roof area or select pavement area that is disconnected from the drainage system and allowed to flow over natural grounds that are designed to promote infiltration and transpiration. Design shall not cause wet lawn conditions, basement seepage, or other nuisances. Design must discourage reconnection to impervious surfaces by providing a minimum of a 75’ pervious flow path. Porous pavements: Area determination for porous pavements will be only that area meeting the following requirements: Porous pavement systems must use permeable base material and promote infiltration. Porous pavements must be designed by a licensed professional engineer and approved by the City. Green roofs: Surface Water Page 566 City of Prior Lake Public Works Design Manual Adopted June 13, 2016 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 53 Area determination for green roofs will be only that area meeting the following requirements: Design must be must be designed by a professional architect and meet Building Code. The design must be approved by the City. More information on these and other CN reductions and site design measures can be found in the MPCA stormwater manual. Surface Water Page 567 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 54 PART IV INSPECTIONS, TESTING AND OTHER REQUIREMENTS The purpose of this part of the Public Works Design Manual is to provide guidance on the pre- construction meeting, subdivision monumentation, construction staking, construction testing, and inspection. Work quality, project progression, and minimizing inconveniences are primary goals of the City during public infrastructure construction. Index of Sections Section One Pre-Construction Conference Section Two Subdivision Monumentation Section Three Construction Staking Requirements Section Four Construction Inspection and Testing Requirements Section Five Schedule of Required Tests Section Six Schedule of Required Final Inspections SECTION ONE: PRE-CONSTRUCTION CONFERENCE Prior to any construction activity relating to grading and/or public infrastructure installation within the City, whether public or private, a pre-construction conference is required. Please refer to attached “EXHIBIT E” for a sample format to conduct the Pre-construction Meeting. The following pre- construction conference requirements are identified. 1.1 Include pre-construction conference requirement in the contract specifications. 1.2 Construction specifications require the Contractor and all primary subcontractors to attend the pre-construction conference. 1.3 The pre-construction conference is scheduled by the Project Manager and coordinated through a City designated representative. 1.4 Pre-construction conference is held at the Prior Lake City Offices. 1.5 The following parties are required to attend the pre-construction conference: Prime contractor, all primary subcontractors, and a representative from all utility companies, developer and/or designated representative, and affected regulatory agency representatives. 1.6 Submittals required prior to the pre-construction conference: ▪ Bar chart schedule. ▪ Subcontractor and supplier list. ▪ Manhole and catch basin shop drawings. ▪ Concrete mix design. ▪ Bituminous mix design. ▪ Aggregate base source and testing results. ▪ MnDOT certified testing personnel to be used. Surface Water Page 568 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 55 1.7 The following pre-construction format will generally be adhered to: ▪ General introduction and sign-up sheet. ▪ Verify contract status/requirements. ▪ Identify project management team. ▪ Contractor’s authorized representative (including Superintendent, Foreman and Emergency Phone Numbers). ▪ Engineer’s description of project. (including Contract Start Date, Working Days, Contract Completion Date as specified in the development agreement, and Special scheduling, if any). ▪ Extra sets of plans and specifications. ▪ Contractor’s proposed written schedule and bar sheet required (including Start Date, Days and Hours of Work - identifying City Code restrictions, Work Force and Equipment, and Subcontractors). ▪ Utility companies and locations (including gas, telephone, electric, cable and City). ▪ Traffic (including Barriers and Enclosures, Access Roads, Provide and Maintain Proper Warning Control Devices, Notification to City’s designated representative in addition to Police, Fire, School District, Ambulance Service, designated public transit service and street department of road closure 48 hours in advance, and permit requirements of jurisdictional agency for open cutting public streets). ▪ Temporary removal and reinstallation of existing street signs and mailboxes. [Do not remove street signs that are the property of the City. Notify City Street Department 48 hours in advance to remove appropriate City street signs.] ▪ Use of City water system. (including Compliance with regulations of the MN Dept. of Health) [Valve isolation and hydrant use for obtaining water is prohibited. Contact the Public Works Department for locations of water loading stations or for valve isolation requests.] ▪ Permit To Proceed. [Prior to any construction activities, a Permit to Proceed must be issued by the City] (Please refer to attached “EXHIBIT F”) SECTION TWO: SUBDIVISION MONUMENTATION The Developer shall install all subdivision monumentation within one (1) year from the date of recording the plat, or monumentation shall be installed on a per lot basis at the time the Building Permit is issued, whichever occurs first. At the end of the one (1) year period from recording of the plat, the Developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed. SECTION THREE: CONSTRUCTION STAKING REQUIREMENTS 3.1 SANITARY SEWER: ▪ Line and grade stakes shall be set every 25’ for the first 100’ out of the downstream manhole, and every 50’ thereafter to the next manhole. ▪ A line reference stake shall be set for each manhole. ▪ Wye locations, stationed from the downstream manhole, shall be staked and the Surface Water Page 569 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 56 stationing shown on the cut sheets. ▪ Proposed elevations of service inverts at the 45 degree bend for the end riser shall be staked and shown on the cut sheets. ▪ Proposed structure top elevation and upstream and downstream invert elevations shall be shown on the cut sheets (manhole castings shall be set ¼“ to ½“ below finished street grade). 3.2 WATERMAIN: ▪ Line and grade stakes shall be set every 50’ (top of watermain shall be staked 8.0 below finished elevation). ▪ Fitting locations shall be staked and the stationing shown on the cut sheets. ▪ Line and grade stakes shall be set at hydrant break-off for all hydrants. ▪ Line and grade stakes shall be set for all valves ▪ Proposed elevations of the tops of curb boxes shall be staked and shown on the cut sheets. Line reference stakes shall be set for curb box locations. 3.3 STORM SEWER ▪ Line and grade stakes shall be set every 25’ for the first 100’ out of the downstream manhole, and every 50’ thereafter to the next manhole or catch basin. ▪ An offset hub and line reference stake to back of curb shall be set for all catch basins and catch basin manholes. ▪ Catch basin top and invert elevations and manhole top elevation and upstream and downstream invert elevations shall be shown on the cut sheets. 3.4 STREETS ▪ When centerline stakes are set for grading subgrade, cut sheets shall be provided, Blue Top every 50’ for final aggregate base tolerancing. ▪ Line and grade stakes shall be set every 25’ and for all begin, mid and end radius points of the curb at street intersections. ▪ Cut sheets shall be provided for all curb and gutter construction. NOTE: ALL CUT SHEETS MUST IDENTIFY BENCH MARKS USED, BENCH MARK ELEVATIONS, ACTUAL HUB ELEVATIONS, PROPOSED ELEVATONS, AND CUTS OR FILLS FOR ALL ENTRIES. It is also imperative that the contractor and project inspector for the City have cut sheets in hand prior to construction. The City will order Contractor to cease working whenever this requirement is not met. SECTION FOUR: CONSTRUCTION INSPECTION AND TESTING REQUIREMENTS It is the policy of the City of Prior Lake that any construction activity within the City be monitored/inspected by the City staff personnel or a designated representative on behalf of the City. Refer to “EXHIBIT G” for a description of the City’s policy for construction inspections and testing for private development projects. Surface Water Page 570 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 57 All City construction designated project representatives are required to complete daily a “Construction Project Status Report” which is submitted weekly to the City. All public infrastructure facilities will be tested in accordance with the appropriate sections of the City of Prior Lake Specifications, this manual, and witnessed by the City designated project representative. SECTION FIVE: SCHEDULE OF REQUIRED TESTS 5.1 WATERMAIN PRESSURE TEST ▪ Follows installation of all main line pipe, services and hydrants, and pre-testing by Contractor. ▪ Requires 48 hours notice be given to Project Representative by Contractor prior to record test. ▪ Witnessed by Project Representative and follow City of Prior Lake specification section 02611.3 G ▪ Pressure drop shall not exceed 1 psi in a 2 hour period at 150 psi. 5.2 ELECTRICAL CONDUCTIVITY TEST ▪ Performed on all iron pipe water mains within 7 days of satisfactory completion of the pressure test. ▪ Requires 48 hours notice to be given to Project Representative by Contractor prior to test. ▪ Witnessed by Project Representative and representative of City Public Works Department and follow City of Prior Lake specification section 02611.3 H. ▪ Electrical conductivity shall be 350 amps for 3 minutes then 400 amps for 1 additional minute. 5.3 WATERMAIN BACTERIOLOGIC QUALITY TEST ▪ Performed on the completed watermain after final flushing and before being placed in service. ▪ Samples taken by an approved testing laboratory. ▪ Follow City of Prior Lake specification section 02611.3 E ▪ After final flushing, one test shall be taken for every 1000 feet of pipe. 5.4 SANITARY SEWER AIR TEST ▪ Follows completion of all main line pipe, service pipe and manhole installations. ▪ Requires 48 hours notice to be given to Project Representative by Contractor prior to test. ▪ Witnessed by Project Representative and follow City of Prior Lake specification section 02621.3 F1. 5.5 SANITARY SEWER MANDREL TEST ▪ Follows completion of all main line pipe installations by a minimum of 30 days. ▪ Requires 48 hours notice be given to Project Representative by Contractor to test. ▪ Witnessed by Project Representative and follow City of Prior Lake specification section 02621.3 G. Surface Water Page 571 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 58 5.6 SANITARY SEWER FORCEMAIN PRESSURE TEST ▪ Follows completion of all main line pipe installations by a minimum of 30 days. ▪ Requires 48 hours notice be given to Project Representative by Contractor to test. ▪ Witnessed by Project Representative and follow City of Prior Lake specification section 02621.3 F5. 5.7 SANITARY SEWER TELEVISING ▪ Follows successful mandrel test and completion of punchlist. ▪ Report and video submitted to the City of Public Works Department. 5.8 STREET CONSTRUCTION TESTING ▪ Witnessed by Project Representative and follow City of Prior Lake specification section 1603. SECTION SIX: SCHEDULE OF REQUIRED FINAL INSPECTIONS 6.1 SANITARY SEWER Final Inspection of Sanitary Sewer ▪ Performed after completion of final manhole casting adjustments and construction of first lift of bituminous, and prior to any building Certificate of Occupancy Permit by designated City Project Manager. ▪ Punch list of any required corrective work is given to designated City Project Engineer. ▪ After completion of all punch list items is certified by contractor, corrective work is re-inspected by designated City Project Manager. 6.2 WATERMAIN Final Inspection of Main Line Valves ▪ Performed after construction of first lift of bituminous by designated City Project Manager. ▪ Punch list of any required corrective work is given to designated City Project Manager. ▪ After completion of all punch list items is certified by contractor, corrective work is re-inspected by designated City Project Manager. Final Inspection of Hydrants, Hydrant Valves and Curb Boxes ▪ Performed after completion of all street construction, including final boulevard grading and restoration, by designated City Project Manager. ▪ Punch list of any required corrective work is given to designated City Project Manager. ▪ After completion of all punch list items is certified by contractor, corrective work is re-inspected by designated City Project Manager. Surface Water Page 572 City of Prior Lake Public Works Design Manual Adopted July 16, 2007 G:\Admin\Manuals\PW Design Manual\2007 PWDM\DESIGN MANUAL.docx 59 6.3 LAMPING AND FINAL INSPECTION OF STORM SEWER ▪ Performed after completion of all street construction, including final grading and restoration of boulevards, ponding areas and drainage swales, by designated City Project Manager. ▪ Punch list of any required corrective work is given to designated City Project Manager. ▪ After completion of all punch list items is certified by contractor, corrective work is re- inspected by a designated City Project Manager. 6.4 FINAL INSPECTION ▪ Performed after completion of all street construction, including final grading and restoration of boulevards, ponding areas and drainage swales by a designated City Project Manager. ▪ Punch list of any required corrective work is given to designated City Project Manager. ▪ After completion of all punch list items is certified by contractor, corrective work is re- inspected by a City designated Project Manager. 6.5 WARRANTY INSPECTION ▪ Performed 90 days prior to expiration of the warranty period. ▪ Refer to the Development Contract for warranty terms. Surface Water Page 573 Local Surface Water Management Plan City of Prior Lake WSB Project No. 010393-000 APPENDIX G APPENDIX G Wellhead Protection Plan Surface Water Page 574 Surface WaterPage 575 Surface WaterPage 576 Surface WaterPage 577 Surface WaterPage 578 Local Surface Water Management Plan City of Prior Lake WSB Project No. 010393-000 APPENDIX H APPENDIX H Street Sweeping and Winter Maintenance Policy Surface Water Page 579 Surface Water Page 580 Surface Water Page 581 Surface Water Page 582 Surface Water Page 583 City of Prior Lake Winter Maintenance Policy 1 V. WINTER MAINTENANCE POLICY Adopted October 7, 2002 Revised November 3, 2003 Revised December 20, 2004 Revised September 19, 2005 Revised October 16, 2006 Revised September 17, 2007 Revised October 20, 2008 Revised December 7th, 2009 Revised November 1, 2010 Revised November 7, 2011 Revised November 13, 2012 Revised November 12, 2013 Revised October 27, 2014 Revised November 9, 2015 Revised October 10, 2016 Revised November 6, 2017 SUMMARY/PURPOSE The purpose of this Policy is to define and outline snow, and ice control objectives and procedures as established by the City of Prior Lake. The City of Prior Lake believes that it is in the best interest of the residents for the City to assume basic responsibility for control of snow and ice on City streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The City will attempt to provide such control in a safe and cost-effective manner, keeping in mind safety, budget, personnel and environmental concerns. The City will use City employee’s, City owned or rented equipment and/or private contractors to provide the following level of service: Street Snow Removal – Level of Service Snow Accumulation 1-2” 3-6” 6”+ Removal Time (hrs) Pavement Above 15°F 8 10-12 12+ Removal Time (hrs) Pavement Below 15°F 10 12+ 12+ Note: Removal time is the time necessary to remove snow from all City Streets at least one time. Parks / Trails / Sidewalks / Parking Lots – Level of Service Snow Accumulation 1-3” 4-12” 12”+ Removal Time (hrs) 8 12+ 1-3 days Surface Water Page 584 City of Prior Lake Winter Maintenance Policy 2 It should be noted that every winter storm has different temperatures and intensities that can alter the amount of time crews spend with snow and ice control. The absence of even one employee, the break- down of one piece of equipment, or not replacing equipment that has become unreliable or requires repairs and maintenance that are not cost-effective can also alter snow and ice control and removal time This policy supersedes any and all previously written or unwritten policies of the City regarding snow and ice removal. The Public Works Department will review this policy periodically and will amend it as appropriate. WHEN WILL CITY START SNOW OR ICE CONTROL OPERATIONS? The Maintenance Superintendent or his/her designee will decide when to begin anti-icing, snow removal, or ice control operations. The criteria for that decision are: 1. Air and Pavement Temperatures 2. Anti-Icing operations may occur 48 hours in advance of an approaching storm, anticipated frost or prior to weekends in which forecasts call for some form of precipitation 3. Drifting of snow that causes problems for travel 4. Icy conditions which seriously affect travel 5. Time of snowfall in relationship to heavy use of streets Snow and ice control operations are expensive and involve the use of limited personnel and equipment. In order to remain cost effective, the Public Works Department will utilize a variety of ice control products and continually monitor the effectiveness, environmental impact and costs of each product applied. The Maintenance Superintendent or his/her designee will determine the appropriate combination of chemicals to effectively control ice in the given weather conditions. Effects on the environment are of the highest priority in selection of ice control products. To assure completion of priority areas, snow removal may be conducted on a 24-hour basis, which may result in snow removal equipment being operated in residential areas during the evening, night, and early morning hours. ANTI-ICING This is a more common practice of being proactive to an impending snowfall or frost event. This practice prevents the snow or frost from bonding or compacting to the pavement surface and providing direct contact to the pavement surface when traveling the residential streets at a much lower cost than applying dry salt products. The product in most cases is salt brine, which is chloride diluted to a 23% solution with water. In relevant terms, one gallon of brine consists of 2 pounds of salt. HOW SNOW WILL BE PLOWED Snow will be plowed in a manner so as to minimize any traffic obstructions. Generally, the center of the roadway will be plowed first. The snow shall then be pushed from left to right. The discharge shall go onto the boulevard area of the street. In times of extreme snowfall, the process of clearing the streets of snow may be delayed, and it may not be reasonably possible to completely clear the streets of snow. Surface Water Page 585 City of Prior Lake Winter Maintenance Policy 3 Generally, operations shall continue until all roads are passable. Widening and clean up operations may continue immediately or on the following working day depending upon conditions and circumstances. Due to safety concerns for the plow operators and the public, operations may be terminated after 10 -12 hours to allow personnel adequate time for rest. Cul-de-sacs will be plowed with one pass along the curb to provide an outlet for the driveways, with snow being piled in the middle of the cul-de-sac, where possible. Crews will clean up the cul-de-sac later that day or the following work day as time permits. Snow removal will only occur when no storage space is available in the cul-de-sac area. DOWNTOWN SNOW REMOVAL The downtown area will be plowed from ROW to ROW (generally storefront to storefront) with the snow pushed into piles where feasible. Crews will remove the snow piles during non-business hours on the day of the event if possible. Snow removal operations may also be delayed depending on weather conditions, time of day, personnel and budget availability. SNOW REMOVAL The Maintenance Superintendent or his/her designee will determine when snow will be removed by truck from an area. Such snow removal will occur in areas where there is no room on the boulevard for snow storage and in areas where piles of snow have been created by City crews. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel and budget availability. The snow will be removed and hauled to a snow storage area. PRIORITIES AND SCHEDULE FOR SNOW REMOVAL The City has categorized City streets, facilities, trails, sidewalks and recreational facilities based on the function, use volume, and importance to the welfare of the community. Streets Priority Snow Plow Routes: These are high volume streets that connect major sections of the City and provide access for emergency fire, police and medical services. Daytime Snow Emergency Routes: These are high volume streets that are critical to general traffic flow and access for the City. School and Commercial Routes: These are high to medium volume streets that provide access to key areas in the City. Medium Volume Residential Streets: These are medium volume streets that provide access to multiple properties. Low Volume Residential Streets: These are low volume streets providing access to a limited number of properties. These routes include cul-de-sacs and alleys. Surface Water Page 586 City of Prior Lake Winter Maintenance Policy 4 Non-Street Facilities Non-Street Facilities are categorized according to the following three priorities: HIGH PRIORITY MEDIUM PRIORITY LOW PRIORITY Safety High Use Recreation Community Trails Emergency Hockey Rinks Pleasure Rinks School Access Public Facility-Building Access Time tables for snow removal are based upon the priority of the particular trail, sidewalk, parking lot, skating rink or access as set forth below. Priorities Priority 1 - Those streets classified as “Snow Plow Routes” will be plowed first. These are high volume streets, which connect major sections of the City and provide access for emergency fire, police and medical services. Exhibit A maps the “Priority Snow Plow Routes” and the “Daytime Snow Emergency Routes.” Non-street facilities classified as “High” Priority on Exhibit B include the Fire Halls, Downtown, and pedestrian routes for schools and public safety. Priority 2 - Streets providing access to schools and commercial businesses Priority 3 - Low volume residential streets and alleys Priority 4 – Medium priority non-street facilities Priority 5 – Low priority non-street facilities PARKING RESTRICTIONS City Code 901.207 Winter Parking Restrictions: In order to expedite the prompt and efficient removal of snow from the Streets of the City, it is unlawful for any Person to stop, stand or park any Vehicle or permit it to stand on any Street within the City between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. from November 1 until March 31 of the following year. At all other times of the year it is unlawful for any Person to stop, stand or park any Vehicle or permit it to stand on any public Street within the City between the hours of two o’clock (2:00) A.M. and six o’ clock (6:00) A.M. after a continuous or intermittent snowfall during which there has been an accumulation of two inches (2”) or more of snow on any Street, the Maintenance Superintendent or designee has issued a snow emergency, and until the snow has been plowed or removed to the full width of the Street. Any Vehicle parked in violation of this subsection may be towed pursuant to Minnesota Statutes section 169.041. A violation of this subsection shall be a petty misdemeanor. Surface Water Page 587 City of Prior Lake Winter Maintenance Policy 5 WORK SCHEDULE FOR SNOW AND ICE CONTROL EQUIPMENT OPERATORS Equipment operators will be expected to work eight to ten hour shifts on a regular basis. In severe snow emergencies, operators sometimes have to work in excess of ten-hour shifts. After a twelve-hour day, the operators will be replaced if additional qualified personnel are available. WEATHER CONDITIONS Snow and ice control operations will normally be conducted only when weather conditions do not endanger the safety of City employees and equipment. Factors that may delay snow and ice control operations include: severe cold, significant winds, and limited visibility. USE OF SALT AND OTHER CHEMICALS The City will use salt and other chemicals when there is hazardous ice or slippery conditions. The City is concerned about the cost and the effect of such chemicals on the environment and may limit its use for that reason. SIDEWALKS/TRAILS/PARKING LOTS Trails, Sidewalks, and Accesses The City has classified all sidewalks and trails which are mapped on Exhibit B. These classifications were used to develop the Trails/Sidewalks Maintenance Map show on Exhibit C. The following standards are adopted for providing winter maintenance to designated trails, sidewalks, parking lots, and winter lake access: 1. Sidewalks and trails which abut private property shall not normally be cleared of snow unless designated within this Policy. It shall be the responsibility of the property owner to keep sidewalks clear of snow or ice in accordance with City Code 701.100. If notice has been sent to owner/occupant and snow has not been removed, the City may choose to remove the snow and ice and charge the cost of removal to the property owner. The property owner would first receive an invoice showing the appropriate charges. Failing to pay the invoice would result in a one-year special assessment against the benefiting property. There is a minimum of $100 flat fee (or as determined periodically by the City Council) for snow removal, and the City reserves the right to charge additional fees as may be reasonable and appropriate. 2. The designated sidewalks, trails, parking lots, accesses, and rinks are normally plowed, blown or swept. The method of snow removal depends on the amount and type of snowfall. 3. Designated trails and sidewalks will be cleared as thoroughly as possible but need not be cleared of all ice and snow, nor maintained to bare pavement. Surface Water Page 588 City of Prior Lake Winter Maintenance Policy 6 4. City facilities and downtown sidewalks will be treated with salt or other chemical to reduce ice by City staff as time permits. Other sidewalks and trails throughout the City will not be salted or treated with chemicals. Skating Rinks The following standards are adopted for providing winter maintenance to hockey and pleasure ice- skating rinks which are listed on Exhibit D. 1. All rinks (with warming houses) will be swept and flooded Monday through Friday, if needed. 2. If rinks become rough or uneven due to weather conditions, i.e., warm weather, frost boils, or freezing rain, rinks will be shaved as time allows during normal working. 3. In the event of snow: a. No rink will be maintained until snow fall ceases. b. Maintenance crews will generally maintain rinks during normal working hours. The Maintenance Superintendent or Parks Foreman may decide to call in a crew on weekends or holidays to maintain rinks, if snow fall exceeds 2” AND it provides efficiency to remove snow i.e. freezing conditions). c. Hockey rinks are ranked as a medium priority and therefore will not be maintained until high priority winter operations are completed. d. Pleasure rinks (with warming houses) are ranked as a low priority and therefore will not be maintained until high and medium winter operations are completed. 4. If the condition of the ice becomes a safety concern, rinks may be closed at the discretion of the Maintenance Superintendent or his/her designee. 5. For safety reasons, the City has a weather policy which determines rink clos ing. The warming house and rinks will be closed if the actual air temperature is -5 degrees Fahrenheit or colder, or the wind chill is -25 degrees Fahrenheit or colder. The weather cancellation hotline is 952.447.9825 RIGHT-OF-WAY USE The intent of the right-of-way is to provide room for snow storage, public and private utilities, sidewalks, street lights, signage and other City uses. However certain private improvements such as mailboxes are permitted within this area. Other private improvements are not permitted. Mailbox Mailboxes must be installed in such a manner as to provide access by Post Office personnel or other parcel carriers and to allow for Public Works equipment to maintain the streets. Newspaper boxes installed under mailboxes in most cases do not allow for snow equipment to pass under and can cause an indirect hit to the mailbox. A drawing showing the proper details for mailbox placement is attached as Exhibit D. Mailboxes and posts should be constructed securely enough to withstand snow rolling off a plow or wing. Any posts that are rotten or too weak to withstand winter weather will not be the responsibility of the City. The City will bear the cost of the repair of a damaged mailbox only if it is a result of City equipment actually hitting the mailbox, not from the weight of snow. The City will install a replacement mailbox and Surface Water Page 589 City of Prior Lake Winter Maintenance Policy 7 post which shall be a standard size non-decorative type; or the mailbox owner will be reimbursed up to 50.00 toward the cost of a replacement mailbox and post provided the owner has contacted the Public Works Department within 48 hours for verification and authorization from the Maintenance Superintendent or his/her designee. The City will make temporary repairs to mailboxes for mail delivery if a City plows actually hits a mailbox. When weather and time permit, the Public Works Department will complete the repairs. Damage resulting from snow is the responsibility of the property owner/resident. Removing snow from the mailbox and maintaining access to the mailbox is the responsibility of the property owner. A property owner assumes all risk and responsibilities for replacement of mailboxes and supports that are constructed of materials such as, but not limited to, brick and mortar, stone aggregate, ornamental railings, or antique type support. Snow plow operators make every effort to remove snow as close to the curb line as practical to provide access to mailboxes for the postal department. It is not possible to provide perfect conditions and minimize damage to mailboxes with the size of equipment the City operates. The final cleaning adjacent to mailboxes is the responsibility of each resident. Boulevard Turf Repair The City shall, when it receives a complaint, record the location of alleged damage to turf caused by contact with City equipment. The location will be reviewed by the Public Works Department in the spring when the extent of the alleged damage can be verified. Frequently, the damage looks more severe immediately after the occurrence than it does when the snow has melted in the spring. If the sod needs repair as determined by the Public Works Department, the Public Works Department shall seed the damaged area. The City will determine the appropriate boulevard turf repair material based on site conditions, materials and available City resources. Once staff has restored the area it will then be the resident’s responsibility to water and maintain the damaged area. The City provides replacement costs for one (1) restoration service. To reduce the areas of damaged turf by City equipment, the City will provide markers free of charge to residents to place along their curb to mark the edge of the road for the equipment operators. Markers can be picked up at City Hall from October throughout the winter season. If there is damage to a boulevard area caused by City equipment, the City maintenance crews will give priority to those residents who placed the markers along their property. Irrigation, Lighting, Trees, Fences, Etc. The City will assume no responsibility for damage to underground irrigation systems, private lighting systems, trees, shrubs, specialty grasses, rocks, fences, underground dog containment wires, retaining walls, basketball hoops or similar landscaping installed in City controlled right-of-way or easements. Garbage cans and recycle bins left for pickup by a resident must be located in the driveway of the residence. Storage of garbage cans and recycle bins in the roadway surface in which snow is to be removed requires extra staff time due to potential future drainage issues from the inability to clean to the curb line and safety issues during the snow removal process. Surface Water Page 590 City of Prior Lake Winter Maintenance Policy 8 Driveway or Private Street Access The City of Prior Lake reminds everyone, including commercial snow removal operators, that Minnesota Statute 160.27 states that it is against the law to deposit snow on to a public roadway. Dumping or plowing snow on to a roadway can create a slippery area, frozen rut or bump, which could contribute to a motor vehicle and pedestrian accident. Snowforts and children playing in the vicinity of the curb are strongly discouraged for safety’s sake. The following tip may be of assistance for proper placement of snow and minimize your inconv enience when a snow plow comes along after you’ve cleared your driveway. First, place as much snow as possible from the end of your driveway downstream in the direction of traffic. Second, clear an area upstream from your driveway to create an open “pocket”. Much of the snow pushed by the plow truck will empty into this pocket and less will wind up in the driveway entrance. You must maintain this area throughout the winter for it to be effective. The City of Prior Lake cautions anyone working close to a roadway to watch for oncoming traffic and warns drivers to be alert to people clearing snow. Unknown objects left in the snow may be displaced from the snow movement from the snow plow vehicle. Surface Water Page 591 Local Surface Water Management Plan City of Prior Lake WSB Project No. 010393-000 APPENDIX I APPENDIX I Water Resources Related Agreements Surface Water Page 592 Surface Water Page 593 Surface Water Page 594 Surface Water Page 595 Surface Water Page 596 Local Surface Water Management Plan City of Prior Lake WSB Project No. 010393-000 APPENDIX J APPENDIX J Wetland Bank Study Surface Water Page 597 701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800 Building a legacy – your legacy. Equal Opportunity Employer | wsbeng.com \\gvfiles01\projects\01964-550\Admin\Docs\Potential Bank Site Review\Memo - PYoung - Wetland Bank Potential - 020617.docx Memorandum To: Pete Young, City of Prior Lake From: Alison Harwood, WSB & Associates Tony Havranek, WSB & Associates Date: February 7, 2017 Re: Potential Wetland Bank Locations WSB Project No. 1964-550 Below and attached is a summary of data reviewed for five potential wetland bank locations, which were identified at the December 22, 2016 meeting held in Prior Lake. Figure 1 shows the locations of each of the sites identified. Figures 2-6 show each individual site, and potential wetland banking opportunities (where applicable). Site 1: Site 1 is located north of Lake Campbell, on private property. The site was identified as a location where a farmed wetland could be vegetatively restored. Based on historic aerial photos (1991-2016), contours, and the Scott County soils information dataset, an estimated 7.48 acres of wetland could be restored within the parcel. Additional upland buffer could also be established. The attached table provides information on the amount of credit eligible for both wetland and upland. Overall, the site could provide approximately 7.48 acres of Wetland Conservation Act (WCA) credit. If the farmland contains drain tile, the amount of restored area eligible for credit could increase up to approximately 12.78 acres. In order to determine the full credit potential, a tile record request and historic aerial photo review would be needed. Our understanding is that the Army Corps of Engineers (ACOE) also allows for 50% of a restored wetland area to be converted to credit (2 acres restored = 1 acre credit). Therefore, restoration at Site 1 would be eligible to be ACOE-approved. Site 2: Site 2 is located near within in Spring Lake Park (City of Prior Lake) and adjacent to Spring Lake Regional Park (Three Rivers Park District). The land is currently owned by the City of Prior Lake. The site was identified as a location where existing wetland could be vegetatively improved, or where wetland could be created within upland area. Based on a review of the WCA, vegetative restoration of non-farmed wetland area is not an action that is currently eligible for wetland credit. The site was reviewed for the potential for creating wetland within upland area; however, due to the topography of the area and existing soils conditions (non-hydric), we feel that it would be difficult to create a self-sustaining wetland in this location. While Site 2 may not have potential as a wetland bank, there is still potential within the area with regard to restoration/enhancement of the existing wetland and surrounding upland area which could contribute value to the park area. Based on the scope of this work, we did not review the full potential of this site in terms of natural resource restoration/enhancement. Site 3: Site 3 is located north of CSAH 42, south of Pike Lake. The land is currently owned by a private developer. The site was identified as a location where existing wetland could be vegetatively improved, or where wetland could be created within an upland area. Based on a review of the Wetland Conservation Act, vegetative restoration of non-farmed wetland area is not an action that is currently eligible for wetland credit. The site was reviewed for the potential for creating wetland within upland area; however, we do not feel that the amount of upland area available for wetland creation would be large enough to result in a profitable bank site. Surface Water Page 598 Pete Young February 7, 2017 Page 2 \\gvfiles01\projects\01964-550\Admin\Docs\Potential Bank Site Review\Memo - PYoung - Wetland Bank Potential - 020617.docx While Site 3 may not have potential as a wetland bank, there is still potential within the area with regard to restoration/enhancement of the existing wetland and surrounding upland area which could contribute value to the nearby Pike Lake Park. Based on the scope of this work, we did not review the full potential of this site in terms of natural resource restoration/enhancement. Site 4: Site 4 is located south of CSAH 42, within a privately-owned parcel. The site was identified as a location that contains an existing high-quality wetland. The wetland has been identified by the Minnesota Land Cover Classification System as a high quality rich fen sedge meadow. The site has also been identified as a “Unique Wetland” in the City of Prior Lake’s Wetland Inventory Mapping based on the presence of exceptional or high floral diversity/integrity. Dominant vegetation within the wetland consists of lake sedge and other sedge species and woodfern. Smaller amounts of sensitive fern, woolgrass, willowherb, willow, and paper birch saplings are also present. Nonnative species present are subdominant and include narrowleaf cattail, reed canary grass, and common buckthorn. Based on a review of the Wetland Conservation Act, Site 3 could be eligible for wetland banking credit through the “Restoration and Protection of Exceptional Natural Resource Value” action. Restoration activities are anticipated to include treatment and removal of invasive species within both the wetland and surrounding oak woodland. The amount of credit eligible is determined by the WCA Technical Evaluation Panel (TEP). For the purpose of this study we estimated that 50% credit would be allowed through WCA. Based on this assumption, the restoration and protection of this site and its buffer could provide up to 5.56 acres of WCA credit. The ACOE crediting system also varies for restoration and preservation of an existing wetland, and additional coordination with them is needed to determine the eligibility of the project to be ACOE-approved. Site 5: Site 5 is located within a privately-owned parcel south of Thomas Ryan Memorial Park. The site was identified as a location where wetlands could either be created within upland or where farmed wetlands could be vegetatively restored. Based on historic aerial photos (1991-2016), contours, and the Scott County soils information dataset, an estimated 2.07 acres of wetland could be restored within the parcel. This initial analysis has conservatively assumed that the mitigation areas are farmed wetlands. A request for, and additional review of historic areas is necessary to determine if enough wetland signatures are present to constitute historic wetland. Wetland creation is eligible for more WCA credit than vegetatively restored farmed wetlands. Additional upland buffer could also be established. The attached table provides information on the amount of credit eligible for both wetland and upland. Overall, the site could provide approximately 2.07 acres of WCA credit. If the farmland contains drain tile, or if it is determined that the mitigation would involve the creation of wetland within upland area, the amount of area eligible for credit could increase up to approximately 4.14 acres. In order to determine the full credit potential, a tile record and historic aerial photo request would be needed. Based on the size of the potential mitigation area, a bank in this location would not likely be eligible to be ACOE-approved, which would limit the city’s ability to sell the credits. Additional parcels that were owned by the City of Prior Lake were reviewed, and no additional parcels were identified that would provide potential wetland banking credits. Recommendations Based on our review, three of the five identified sites have characteristics that would make a wetland mitigation bank feasible. Site 4 would not require construction or restoration of a farmed wetland, and depending on the amount of credit the TEP approves, may be eligible to be ACOE-approved. Site 1 would require the restoration of a farmed wetland, but would provide the most credits, which would also likely be eligible to be ACOE-approved. Site 5 would require the restoration of farmed wetlands, and would only result in approximately 2.07 acres of credit. This site would likely not qualify to be ACOE- approved. Further investigation into potential wetland banking sites should include a review of available drain tile data, historic precipitation data, and additional historic aerials for Sites 1 and 5. A site visit during the Surface Water Page 599 Pete Young February 7, 2017 Page 3 \\gvfiles01\projects\01964-550\Admin\Docs\Potential Bank Site Review\Memo - PYoung - Wetland Bank Potential - 020617.docx growing season to verify the desktop review is recommended for all three potential sites (Sites 1, 4, and 5). Additional coordination with the WCA TEP and ACOE to determine credit eligibility is also recommended. Surface Water Page 600 Site # Site ID PID Current Ownership Action EligibleAcres Created/Restored/Preserved (Wetland)Percent EligibleAcres Created/Restored/Preserved (Upland)Percent Eligible*Total Credit Potential (WCA)COE-eligibleCredit price potential ($/sf)Sell-out potentialNotes1 Lake Campbell 259050040 PrivateVegetative Restoration of farmed wetlands7.48 50% 21.2 25% 7.48 Y 1.00$ 325,831.16$ Up to 100% wetland restoration if tiled/effectively drained. Property valued at just under $2 million (for entire parcel). Next step to determine if the land is tiled. Could increase sell-out potential significantly.2 Spring Lake259330041 259040041City of Prior Lake City of Prior Lake None-$ 3Highway 42 North259230020 PrivateNone-$ 4Highway 42 South 259250272 Private Restoration/Proptection of Exceptional Natural Resource Value 5.56 50%** 22 25% 5.56 TBD $ 1.00 254,230.90$ Property is valued at >$2million (for entire parcel). Options are to buy oak woodland/wetland area or receive as an outlot during development. Will need to review the rules for how land can be aquired.5Ryan Memorial Park259110680 PrivateVegetative Restoration of farmed wetlands2.07 50% 14.2 25% 2.07 N 1.00$ 90,223.08$ Up to 100% wetland restoration if tiled/effectively drained. Property valued at $921,000. Next step would be to determine if there is any tiling, and to establish if there are enough signatures to qualify as wetland (restoration vs. creation)** Estimated value, will be further defined by TEP* not to exceed eligible wetland creditSurface WaterPage 601 E±GH EuGH ?±A@ Site 1 Site 2 Site 3 Site 4 Site 5 0 1Miles¯Figure 1: Project LocationPotential Wetland Bank ReviewCity of Prior Lake 1 inch = 1 miles Document Path: K:\01964-550\GIS\Maps\Potential_Banking_Locations Updated.mxd Date Saved: 2/6/2017 1:56:30 PMArea of Interest Surface Water Page 602 0 300Feet¯Figure 2: Site 1Potential Wetland Bank ReviewCity of Prior Lake 1 inch = 300 feet Document Path: K:\01964-550\GIS\Maps\Potential_Banking_Locations Updated.mxd Date Saved: 2/6/2017 1:56:30 PMArea of Interest Surface Water Page 603 H o w ard L ake R d 0 300Feet¯Figure 3: Site 2Potential Wetland Bank ReviewCity of Prior Lake 1 inch = 300 feet Document Path: K:\01964-550\GIS\Maps\Potential_Banking_Locations Updated.mxd Date Saved: 2/6/2017 1:56:30 PMArea of Interest Surface Water Page 604 E±GH140th St Pike Lake TrFountain Hills Dr Fountain Hill140th St 0 300Feet¯Figure 4: Site 3Potential Wetland Bank ReviewCity of Prior Lake 1 inch = 300 feet Document Path: K:\01964-550\GIS\Maps\Potential_Banking_Locations Updated.mxd Date Saved: 2/6/2017 2:11:15 PMArea of Interest Surface Water Page 605 140th St Ferndale AveFisher AveEgan Dr Ash CirSho re TrPine StHampton St Raven CtCarr ag e H i ll S t D o v e C tSwallow CtCarriage Hill Pkwy 140th St Carriage Hill Pkwy 0 300Feet¯Figure 5: Site 4Potential Wetland Bank ReviewCity of Prior Lake 1 inch = 300 feet Document Path: K:\01964-550\GIS\Maps\Potential_Banking_Locations Updated.mxd Date Saved: 2/6/2017 1:56:30 PMArea of Interest E±GH Surface Water Page 606 M ushtown Rd Jackson CirPonds PkwyRidgewood CtP o n d s e d g e L a Fish Point RdBusse Pkwy0 300Feet¯Figure 6: Site 5Potential Wetland Bank ReviewCity of Prior Lake 1 inch = 300 feet Document Path: K:\01964-550\GIS\Maps\Potential_Banking_Locations Updated.mxd Date Saved: 2/6/2017 1:56:30 PMArea of Interest Surface Water Page 607 Local Surface Water Management Plan City of Prior Lake WSB Project No. 010393-000 APPENDIX K APPENDIX K Stormwater Trunk Acreage Review Surface Water Page 608 701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800 Building a legacy – your legacy. Equal Opportunity Employer | wsbeng.com \\gvfiles01\projects\010393-000\Admin\Docs\Trunk Stormwater Acreage Charge\Trunk SW charges Memo_092718.docx Memorandum To: Pete Young, PE, City of Prior Lake From: Heather Nelson, PE Jacob Newhall, PE Date: September 27, 2018 Re: Stormwater Trunk Acreage Charges Review WSB Project No. 010393-000 This memo is intended to evaluate the Trunk Stormwater Acreage Charge for the annexation area and new development and make recommendations on any updates to the City Fee Schedule. Background: The Trunk Stormwater Acreage Charge was originally determined based on a 2001 detailed analysis of future trunk stormwater infrastructure needs for the City of Prior Lake. An XPSWM stormwater model of the entire city sized the infrastructure needs. The cost included the following: • Pipe Installation – including pipe construction, easement acquisition, and indirect costs • Pond Costs – including pond excavation and berming, easement acquisition, and indirect costs A per acre charge was determined based on the total estimate construction cost divided among the gross developable acres (excluding wetlands and parks). The per acre charge was further refined and an equivalent factor was assigned to land use. Equivalency factors are based upon runoff coefficients for the different land uses with urban low and medium density residential considered as a base case. The land use equivalent factors are summarized as: • Low and medium density residential (L/MDR) – 1.00 equivalent acre (EqAc) per acre • High density residential (HDR) – 1.65 EqAc per acre • Commercial/Industrial (C/I) – 2.07 EqAc per acre In 2001, the Stormwater Trunk Acreage Charge was set at $2,943 and was subsequently set at $2,790 in 2015. Review of Stormwater Trunk Acreage Charge: The original charge was set as described above. The original fee has not changed significantly from 2001-2016. The City performed a review of the construction cost index (CCI) from 2005-2016 and identified there has been a 36% increase in construction costs over this period. A decision from the City Council directed staff to phase the CCI increase over several years. The incremental increase recommended was 10% over the years of 2016-2019. Attached is a figure of the land use in annexation area. A desktop review was performed on the remaining parcels in the annexation area. A 10% reduction in the L/MDR for areas dedicated to parks was assumed. Parcels that have already been developed as well as any wetland areas were excluded from the analysis. Below is a summary of the annexation area by land use: Surface Water Page 609 Mr. Pete Young September 27, 2018 Page 2 \\gvfiles01\projects\010393-000\Admin\Docs\Trunk Stormwater Acreage Charge\Trunk SW charges Memo_092718.docx Land Use Total Area (acres) Park (acres) Wetlands (acres) Total Developable (acres) Total Equivalent Acres L/MDR 1168 117 213 838 838 HDR 0 0 0 0 0 C/I 506 0 109 397 822 Recommendations: The City may want to consider completing a full hydraulic model of the annexation area to design for trunk stormwater conveyance, storage, oversizing needs, and regional stormwater needs as the current model includes only the original city limits (no annexation areas). This annexation area model would be helpful for guiding future development and planning for trunk facilities. As part of the model, a full build out cost estimate could be performed to help verify future trunk area charges. We recommend the trunk acreage charge be increase by 10% in 2019 and increase for inflation by 4% each year that follows as indicated below: Year 2018 2019 2020 2021 2022 2023 Stormwater Trunk Area Charge/acre 3,713$ 4,085$ 4,248$ 4,418$ 4,595$ 4,779$ Surface Water Page 610 ?±A@ Sf Spring Lake Geis Lake Swamp Lake Upper Prior Lake Howard Lake Campbell Lake Arctic Lake Schneider Lake Document Path: \\gvfiles01\projects\010393-000\Admin\Docs\Trunk Stormwater Acreage Charge\Working Figure.mxd Date Saved: 9/27/2018 1:15:50 PM Legend National Wetland Inventory (NWI) Annexation Area Commercial Industrial Urban Low Density Urban Med Density City Boundary Prior LakeSurface Water Management Plan 2018 Area Charge Analysis:Annexation Area September 2018 0 2,000Feet¯Surface Water Page 611