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HomeMy WebLinkAboutOrdinance No. 2025-10 Amendment Regarding Stormwater ManagementExisting text – XXXX Stricken text – XXXX Added text – XXXX 1 ORDINANCE NO. 2025-10 AN ORDINANCE AMENDMENT REGARDING STORMWATER MANAGEMENT The City Council Of Edina Ordains: Section 1. Section 36-10 – Definitions of the Edina City Code is amended by adding the following defined terms, to be inserted into said section in alphabetical order : Sec. 36-10 – Definitions Active grading permit means a site with a grading permit or building permit with associated grading work. Base Flood means as defined in section 36-771. Base Flood Elevation means as defined in section 36-771. Construction activities means construction, demolition, grading, and remodel/additions and other site improvements associated with buildings, accessory buildings, patios, decks, landscaping or pools. Critical storm event means as defined in section 36-771. Landlocked basin means as defined in section 36-771. Local Flood Area means as defined in section 36-771. Stormwater Control Measures means measures designed to manage the amount of stormwater runoff. These measures can be structural, like engineered facilities, or non- structural. Section 2. Section 36-1257 - Drainage, retaining walls and site access of the Edina City Code is amended to read as follows: Sec. 36-1257. – Drainage, rRetaining walls and site access. (a) Drainage. No person shall obstruct or divert the natural flow of runoff so as to harm the public health, safety or general welfare. Surface water runoff shall be properly conveyed into storm sewers, watercourses, ponding areas or other public facilities. As part of the building permit, the applicant must submit a grading and erosion control plan along with a stormwater management plan that is signed by a licensed professional engineer. The Existing text – XXXX Stricken text – XXXX Added text – XXXX 2 stormwater management plan must detail how stormwater will be controlled to prevent damage to adjacent property and adverse impacts to the public stormwater drainage system. The plans must be approved by the city engineer and the permit holder must adhere to the approved plans. [repealed] (a) (b) Retaining walls. All retaining walls must be shown on a grading plan as part of a building permit application. Plans must demonstrate materials to be used for the retaining wall construction. Retaining walls taller than four feet must meet a three-foot setback. (b) (c) Site access. In an R-1 or R-2 Zoning District, a residential maintenance access of at least three feet in width is required on one side of a single or two dwelling unit from the front yard to the rear yard. Section 3. Chapter 36, Article XII, Division 2 – General Requirements Applicable to All Districts Except as Otherwise Stated of the Edina City Code is amended by adding a new section 36-1259 as follows: Sec. 36-1259. – Stormwater plans required. 1. Purpose. The requirements of this section are intended to accomplish the following: a. Limit the changing of drainage areas and properly control or divert flow when areas are changed. b. Limit and manage the risk associated with the creation of new concentrations of drainage. c. Protect and maintain existing flow paths and/or plan new flow paths that have no adverse impact to neighboring property. d. Control and reduce the amount of runoff directed to landlocked areas. e. Control and reduce the amount of runoff directed to Local Flood Areas in which existing principal structures including any dwelling unit have exposure to the base flood. f. Apply stormwater control measures to mitigate volume and rate of flow from sites proposing additional impervious surface. g. Ensure stormwater control measures are maintained long-term for optimal functionality. 2. Scope. The requirements of this section apply to construction activities that fall into one of the following categories: a. Category 1 i. Disturb more than 2,500 square feet of soil, or ii. Exceed more than ten cubic yards of cut or fill, and iii. Do not meet the criteria for Category 2 b. Category 2 i. Construction of a new dwelling unit ii. Construction activities the City Engineer determines presents a risk of adverse impact to neighboring private properties, public infrastructure or waterbodies; or iii. Construction activities that include any of the following conditions: Existing text – XXXX Stricken text – XXXX Added text – XXXX 3 1. A change in grade that significantly affects a drainage area, by increasing or decreasing the square footage of land flowing to an existing drainage path 2. The addition of over 400 square feet of new impervious surface with a drainage path that is directed to private property 3. The addition of 600 square feet of new impervious surface in areas that drain to Local Flood Areas in which any existing principal structure including any dwelling unit has exposure to the base flood. 4. Any fill or addition of impervious surface on sites that drain to a landlocked basin 5. Fill on any part of a property below Base Flood Elevation 6. Any modification from the approved plans for an active grading permit 7. Any modification of a stormwater control measure 8. Construction activities that will result in a site having greater than 50% impervious surface c. The continuation, addition or modification of previously permitted activities from the last five years, that when reviewed as a whole would trigger category 1 or category 2 requirements. 3. Exemptions. The following are exempt from the requirements of this section: a. Activities with approved development plans associated with a zoning action where stormwater plans already exist and are in force, if the proposed permit does not modify the stormwater plan. b. Construction of new dwelling units created entirely within an existing building that does not otherwise meet the criteria for Category 1 or 2. For example, interior remodeling to convert a single-dwelling unit building into a double-dwelling unit building. 4. Requirements. Prior to the issuance of a permit, a stormwater management plan is required for construction activities meeting the criteria of Category 1 or Category 2 as follows: a. Category 1. The following are the plan requirements for Category 1. These precautions may be described on a grading plan, site plan or any other plan that describes the work to be performed. i. Show or describe existing and proposed grades, areas of exposed soils, and existing and proposed impervious surfaces. Use sketches, notes, and or narrative. Include spot and relative elevations, flow arrows, or contours. ii. Accurately depict current and proposed drainage. iii. Include and perform the following site drainage precautions: 1. Reduce soil compaction by limiting equipment access to specific construction paths, if applicable. 2. Loosen compacted soils through raking, tinning, tilling, or other methods to a minimum depth of 2 inches. 3. Place new, organic rich, topsoil to a minimum depth of 4 inches on areas of disturbance. 4. Place sod or seed and mulch on exposed soils as soon as practical. Existing text – XXXX Stricken text – XXXX Added text – XXXX 4 b. Category 2. The following are the plan requirements for Category 2. These precautions must be described on a separate stormwater management plan except that it may be combined with an erosion control plan when one is required. i. The plan must be prepared and signed by a licensed professional Civil Engineer in the State of Minnesota ii. The plan must provide for no increase in peak flow rate to private properties for 10-percent annual chance event provided in the City of Edina Interactive Water Resources Map. iii. The plan must not add to existing nor create new flow paths which would concentrate or direct drainage to or near private structures iv. For proposed drainage to landlocked basins, no increase in peak flood elevations for the critical storm event. v. For a proposed increase of over 600 square feet of impervious surface in areas that drain to Local Flood Areas in which existing principal structures including any dwelling unit have exposure to the base flood, a reduction of runoff volume is required equal to 1.1 inches multiplied by new contributing impervious surface area. c. For either category 1 or category 2 plans, a stormwater plan must also include a maintenance plan outlining procedures to ensure continued optimal functionality including inspection schedules and procedures for cleaning out debris, repairing damaged infrastructure, and maintaining vegetation. i. As a condition of permit approval, the city may require the applicant to record a declaration or other recordable document that establishes ongoing maintenance obligations as necessary to ensure the effective operation of the stormwater control measures provided in the approved plan. The document must be approved by city staff and must include provisions that allow the city to enforce the requirements of the document. Section 4. Section 10-110 – Permit requirements of the Edina City Code is amended to read as follows: Sec. 10-110 Permit requirements (7) Stormwater and eErosion control plans. For a building permit, the applicant must submit stormwater and erosion control plans prepared and signed by a licensed professional engineer. The plans must be approved by the city engineer and the permit holder must adhere to the approved plans. The stormwater management plan must detail how stormwater will be controlled to prevent damage to adjacent property and adverse impacts to the public stormwater drainage system. The erosion control plan must document how proper erosion and sediment control will be maintained on a continual basis to contain on-site erosion, prevent or remediate tracking of sediment or other material into the street, and protect on- and off-site vegetation. Permit holder must protect all storm drain inlets with sediment capture devices at all times during the project when soil disturbing activities may result in sediment laden stormwater runoff entering the Existing text – XXXX Stricken text – XXXX Added text – XXXX 5 inlet. The permit holder is responsible for preventing or minimizing the potential for unsafe conditions, flooding, or siltation problems. Devices must be regularly cleaned out and emergency overflow must be an integral part of the device to reduce the flooding potential. Devices must be placed to prevent the creation of driving hazards or obstructions. Section 5. This ordinance is effective immediately upon passage. First Reading: October 7, 2025 Second Reading: Waived Published: ATTEST: __________________________ _____________________________ Sharon Allison, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Ordinance was duly adopted by the Edina City Council at its Regular Meeting of ___________________, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of ____________, 2025. ________________________________ City Clerk Sharon Allison (Oct 8, 2025 13:50:47 CDT)