SECTION 1216.01 PURPOSE:
The purpose of this Section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community.
SECTION 1216.02 DWELLING UNIT RESTRICITON:
A. No garage, tent, accessory building, travel trailer or motor home shall at any time be used as living quarters, temporarily or permanently, except as may be approved in emergency cases by administrative permit.
B. Tents, play houses or similar structures may be used for play or recreational purposes.
C. Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling. Energy conserving designs in housing are not prohibited by this provision of the Ordinance, provided that a conditional use permit is approved by the City Council and the structure complies with standards imposed by the State and the Uniform Building Code.
SECTION 1216.03 PLATTED AND UNPLATTED PROPERTY:
A. Any person desiring to improve property shall submit to the Building Official a survey of said premises and information on the location and dimension of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to insure conformance to City Ordinances.
B. All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets, adopted plans, and according to the system and standards employed by the City.
C. Substandard lots of record shall be governed by Section 1215.00 of this Ordinance./p
D. No more than one (1) principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning as defined in Section 1202.02 of this Ordinance, in case of doubt or on any questions or interpretation the decision of the City Planner shall be final, subject to the right to appeal to the Planning Commission and City Council.
E. On a through lot (a lot fronting on two (2) parallel streets), both street lines shall be front lot lines for applying the yard setback regulations of this Ordinance. In addition, no home on a through lot or corner lot in any residential zone shall maintain direct access to any arterial street designated as such by the Comprehensive Plan.
F. When a development is proposed which is to be located on two or more lots, and such lots are required to meet the minimum district area and frontage requirement and/or are required to accommodate the use, the lots shall be combined in accordance with the City's Subdivision Ordinance prior to the issuing of a building permit.
G. Except as may be allowed pursuant to Section 1215, when two or more lots are located in the same residential district, one or more of which lack adequate area or dimensions to qualify for residential use under the current Ordinance requirements and are contiguous and held in one ownership, they shall be combined for use in order to meet the lot requirements by subdividing the property in accordance with the Subdivision Ordinance.
SECTION 1216.04 STORM WATER MANAGEMENT:
A. Plan Required. Every applicant for a building permit, zoning approval, or a site or building plan approval shall submit a storm water management plan to the City Engineer. No building permit, zoning approval, or permit to allow land disturbing activities shall be issued until approval of the storm water management plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this Section. The provisions of this Section apply to all land, public or private, located within the City of Sunfish Lake.
B. Exemptions. The provisions of this section do not apply to:
1. Applications approved by the City Council on or before the effective date of this Ordinance.
2. Any land disturbing activity for which plans have been approved by the Dakota County Soil and Water Conservation District within six (6) months prior to the effective date of this Ordinance.
3. A lot for which a building permit has been approved on or before the effective date of this Ordinance.
4. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
5. Emergency work to protect life, limb, or property.
C. Waivers. The City Council, upon recommendation of the Planning Commission, may waive any requirement of this section upon making a finding that compliance with the requirement will not adversely affect the standards and requirements set forth in Section 1216.04.D. The City Council may require, as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct as may be necessary to adequately meet said standards and requirement.
D. Approval Procedures.
1. Application. A written application for storm water management plan approval, along with the proposed storm water management plan, shall be filed with the City Engineer and shall include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted by right or as an exception in the underlying zoning district, and adequate evidence showing that the proposed use will conform to the standards set forth in this Section. Prior to applying for approval of a storm water management plan, an applicant may have the storm water management plans reviewed by the appropriate staff of the City.
Two sets of clearly legible blue or black lined copies of drawings and required information shall be submitted to the City Engineer and shall be accompanied by documentation evidencing the payment of all required fees for processing and approval as set forth by City Council resolution. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. At a minimum, the scale shall be one (1) inch equals one hundred (100) feet.
2. Information Requirement. At a minimum, the storm water management plan shall contain the following information:
a. Existing Site Map. A map of existing site conditions showing the site and immediately adjacent areas, including:
(1) The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets.
(2) Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving such information as the names and numbers of adjoining roads, utilities, subdivisions, cities and districts or other landmarks.
(3) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two (2) feet.
(4) A delineation of all streams, public waters and wetlands located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the 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, and the United States Army Corps of Engineers.
(5) Location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the public water or wetland, and setting forth those areas of the unaltered site where storm water collects.
(6)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.
(7) Vegetative cover and clearly delineating any vegetation proposed for removal.
(8) 100 year floodplains, flood fringes and floodways.
b. Site Construction Plan. A site construction plan including:
(1) Locations and dimensions of all proposed land disturbing activities and any phasing of those activities.
(2) Locations and dimensions of all temporary soil or dirt stockpiles.
(3) Locations and dimensions of all constructions site erosion control measures necessary to meet the requirements of this Section.
(4) Schedule of anticipated starting and completion date of each land disturbing activity including the installation of construction site erosion control measures needed to meet the requirements of this Section.
(5) Provisions for maintenance of the construction site erosion control measures during construction.
c. Plan of Final Site Conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes including:
(1) 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.
(2) 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 as part of the development.
(3) 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 collect.
(4) The proposed size, alignment and intended use of any structures to be erected on the site.
(5) A clear delineation and tabulation of all areas which shall be surfaced, including a description of the surfacing material to be used.
(6) Any other information pertinent to the particular project which in the opinion of the applicant it is necessary for the review of the project.
E. Plan Review Procedure.
1. Process. Storm water management plans meeting the requirements of Section 1216.04.D shall be submitted by the City Engineer to the Planning Commission for review in accordance with the standards of Section F. The Planning Commission shall recommend approval, recommend approval with conditions, or recommend denial of the storm water management plan. Following Planning Commission action, the storm water management plan shall be submitted to the City Council at its next available meeting. City Council action on the storm water management plan must be accomplished within one hundred twenty (120) days following the date the application for approval is filed with the City Engineer.
2. Duration. Approval of a plan submitted under the provisions of this Section shall expire one (1) year after the date of approval unless construction has commenced in accordance with the plan. However, if prior to the expiration of the approval, the applicant makes a written request to the City Engineer for an extension of time to commence construction setting forth the reasons for the request-extension, the City Engineer may grant one extension of not greater than one (1) single year. Receipt of any request for an extension shall be acknowledged by the City Engineer within fifteen (15) days. The City Engineer shall make a decision on the extension within thirty (30) days of receipt of the extension request. Any plan may be revised in the same manner as originally approved.
3. Conditions. A storm water management plan may be approved subject to compliance with conditions reasonable and necessary to insure that the requirements contained in this section are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of structures, drainage facilities, storage basins and other facilities, require replacement of vegetation, establish required monitoring procedures, stage the work over time, require alteration of the site design to insure buffering, and require the conveyance to the City of Sunfish Lake or other public entity of certain land or interests therein.
4. Performance Security.
a. Upon approval of a storm water management plan, the City shall be provided, when deemed necessary by the City Council, with a letter of credit or other form of security determined acceptable by the City council, upon recommendation by the City Attorney. Said security shall be provided to the City prior to the issuing of building permits or initiation of work on the proposed improvement or development. Said security shall cover performance stipulations imposed by the City Council as may be applicable, and shall be non-cancelable and shall guarantee conformance and compliance with the conditions of the storm water management plan and ordinances of the City.
b. The security shall be in the amount equal to one hundred twenty- five (125) percent of the City Engineer's estimated costs of labor and materials for the proposed improvements. Said project can be handled in stages upon the discretion of the City Engineer.
c. The City shall hold the security until completion of the proposed improvements or development and a letter indicating compliance with the storm water management plan and ordinances of the City has been issued by the City Engineer.
d. Failure to comply with the conditions of the storm water management plan or the ordinances of the City shall result in forfeiture of the security.
e. Whenever a performance guarantee is imposed by the City, the applicant shall be required to enter into a performance agreement with the City. This agreement is to provide authorization to the City to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit. Said agreement shall hold harmless the City for completion of the work and address other matters as may be determined by the City Attorney.
5. Fees. All applications for storm water management plan approval shall be accompanied by a processing and approval fee in an amount established by City Council resolution.
F. Approval Standards.
1. No storm water management plan which fails to meet the Sunfish Lake Water Resources Management Plan, February 19, 1991, as may be amended, and the standards contained in this section shall be approved by the City Council.
2. Site Dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro cyclones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner than causes erosion or flooding of the site or receiving channels or a wetland.
3. Waste and Material Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, waste water, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or storm sewer system.
4. Tracking. Each site shall have graveled roads, access drives, and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each work day.
5. Drain Inlet Protection. All storm drain inlets shall be protected during construction until control measures are in place with a straw bale, silt fence or equivalent barrier meeting accepted design criteria, standards and specifications contained in the Minnesota Pollution Control Agency publication "Protecting Water Quality in Urban Areas".
6. Site Erosion Control. The following criteria (a through d) apply only to construction activities that result in runoff leaving the site:
a. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheet flow runoff from adjacent areas greater than ten thousand (10,000) square feet in area shall be diverted around disturbed areas, unless shown to have resultant runoff rates of less than 05 feet 3/sec. across the disturbed area for the one year storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.
b. All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.
c. Runoff from the entire disturbed area on the site shall be controlled by meeting either sub-sections (1) and (2) or (1) and (3), below.
(1) All disturbed ground left inactive for fourteen (14) or more days shall be stabilized by seeding or sodding (only available prior to 15 September) or by mulching or covering or other equivalent control measure.
(2) For sites with more than ten (10) acres disturbed at one time, or if a channel originates in the disturbed area, one (1) or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least one (1) percent of the area draining to the basin and at least three (3) feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three (3) feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.
(3) For sites with less than ten (10) acres disturbed at one time, silt fences, straw bales, or equivalent control measures shall be placed along all side slope and down slope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences, straw bales, or equivalent control measures must include a maintenance and inspection schedule.
d. Unless specifically approved by the City Engineer, any soil or dirt storage piles containing more than ten (10) cubic yards of material shall not be located with a down slope drainage length of less than twenty-five (25) feet from the toe of the pile to a roadway or drainage channel. If remaining for more than seven (7) days, soil or dirt storage piles shall be stabilized by mulching, vegetative cover, tab or other means. Erosion from piles which will be in existence for less than seven (7) days shall be controlled by placing straw bales or silt fence barriers around the pile. In street utility repair or construction soil or dirt storage piles located closer than twenty-five (25) feet of a roadway or drainage channel shall be covered with tarps or suitable alternative control, if exposed for more than seven (7) days, and the storm drain inlets shall be protected with straw bale or other appropriate filtering barriers.
7. Storm Water Management Criteria for Permanent Facilities.
a. An applicant shall install or construct, on or for the proposed land disturbing or development activity, all storm water management facilities necessary to manage increased runoff so that the two year, ten year, and one year storm peak discharge rates existing before the proposed development shall not be increased and accelerated channel erosion will not occur as a result of the proposed land disturbing or development activity. An applicant may also make an in kind or monetary contribution to the development and maintenance of community storm water management facilities designed to serve multiple land disturbing and development activities undertaken by one or more persons, including the applicant.
b. The applicant shall give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond.
c. The following storm water management practices shall be investigated in developing a storm water management plan in the following descending order of preference:
(1) Natural infiltration of runoff on site if suitable soil conditions are available for use.
(2) Flow attenuation by use of open vegetated swales and natural depressions.
(3) Storm water retention facilities.
(4) Storm water detention facility.
d. A combination of successive practices may be used to achieve the applicable minimum control requirements specified in Section a above. Justification shall be provided by the applicant for the method selected.
8. Design Standards. Storm water detention facilities constructed in the City of Sunfish Lake shall be designed according to the most current technology as reflected in the Minnesota Pollution Control Agency publication "Protecting Water Quality in Urban Areas' and shall contain, at a minimum, the following design factors:
a. A permanent pond surface area equal to two (2) percent of the impervious area draining to the pond or one (1) percent of the entire area draining to the pond, whichever amount is greater.
b. An average permanent pool depth of four (4) to ten (10) feet.
c. A permanent pool length to width ratio of 3:1 or greater.
d. A minimum protective shelf extending ten (10) feet into the permanent pool with a slope of 10:1, beyond which slopes should not exceed 3:1.
e. A protective buffer strip of vegetation surrounding the permanent pool at a minimum width of one (1) rod (16.5 feet). This width is consistent with the draft rules developed by the Board of Water and Soil Resources under the Wetland Conservation Act of 1991.
f. All storm water detention facilities shall have a device to keep oil, grease, and other floatable material from moving downstream as a result of normal operations.
g. Storm water detention facilities for new development shall be sufficient to limit peak flows in each sub-watershed to those that existed before the development for the ten-year storm event. All calculations and hydrologic models/information used in determining peak flows shall be submitted along with the storm water management plan.
h. All storm water detention facilities shall have a forebay to remove coarse grained particles prior to discharge into a watercourse or storage base.
9. Wetlands.
a. Runoff shall not be discharged directly into wetlands without pre- settlement of the runoff.
b. A protective buffer strip of natural vegetation at least one rod (16.5 feet) in width shall surround all wetlands.
c. Wetlands shall not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value. Replacement must be guided by the principles outlined in Section 1244.01 of this Ordinance.
10. Steep Slopes. No land disturbing or development activities shall be allowed on slopes of eighteen (18) percent or more, unless specifically approved by the City Council upon recommendation of the City Engineer.
11. Exposed Slopes. The following control measures shall be taken to control erosion during any activity where soils are exposed:
a. No exposed slope shall be steeper in grade than five (5) feet horizontal to one (1) foot vertical, unless approved by the City Engineer.
b. Exposed slopes steeper in grade than ten (10) feet horizontal to one (1) foot vertical shall be contour plowed to minimize direct runoff of water.
c. At the foot of each exposed slope, a channel and berm shall be constructed to control runoff. The channelized water should be diverted to a sedimentation basin (debris basin, silt basin or silt trap) before being allowed to enter the natural drainage system.
d. Along the top of each exposed slope, a berm shall be constructed to prevent runoff from flowing over the edge of the slope. Where runoff collecting behind said berm cannot be diverted elsewhere and must be directed down the slope, appropriate measures shall be taken to prevent erosion. Such measures shall consist of either an asphalt paved flow apron and drop chute laid down the slope or a flexible slope drain. At the base of the slope drain or flow apron, a gravel energy dissipator shall be installed to prevent erosion at the discharge end.
e. Exposed slopes shall be protected by whatever means will effectively prevent erosion considering the degree of slope, soils material, and expected length of exposure. Slope protection shall consist of mulch, sheets of plastic, burlap or jute netting, sod blankets, fast growing grasses or temporary seedings of annual grasses. Mulch consists of hay, straw, wood chips, corn stalks, bark or other protective material. Mulch should be anchored to slopes with stakes and netting, or shall be worked into the soil to provide additional slope stability.
f. Control measures, other than those specifically stated above, may be used in place of the above measures if it can be demonstrated that they will as effectively protect exposed slopes and are approved in writing by the City Engineer.
12. Catch Basins. All newly installed and rehabilitated catch basins shall be provided with a sump area for the collection of coarse grained material. Such basins shall be cleaned when they are half filled with material.
13. Drain Leaders. All newly constructed and reconstructed buildings will route drain leaders to pervious areas wherein the runoff can be allowed to infiltrate. The flow rate of water exiting the leaders shall be controlled so no erosion occurs in the previous areas.
14. Inspection and Maintenance. All storm water management facilities shall be designed to the need of maintenance, to provide access for maintenance purposes and to be structurally sound. All storm water management facilities shall have a plan of operation and maintenance that assures continued effective removal of pollutants carried in storm water runoff. The City Engineer shall inspect all storm water management facilities during construction, during the first year of operation, and at least once every five (5) years thereafter. The inspection records will be kept on file for a period of six (6) years. It shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the storm water management facilities for inspection and maintenance purposes.
15. Models/Methodologies/Computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of storm water management structures shall be approved by the City Engineer. Plans, specification and computations for storm water management facilities submitted for review shall be sealed and signed by a registered professional engineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the City Engineer.
16. Watershed Management Plans/Underwater Management Plan. Storm water management plans shall be consistent with adopted watershed management plans and ground water management. Plans shall be prepared in accordance with Minnesota Statutes, Section 103B.231 and 103B.255, respectively, and as approved by the Minnesota Board of Water and Soil Resources in accordance with state law.
17. Easements. If a storm water management plan involves direction of some or all runoff of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water.
G. Lawn Fertilizer Regulations.
1. Use of Impervious Surfaces. No person shall apply fertilizer to or deposit grass clippings, leaves or other vegetative materials on impervious surfaces, or within storm water drainage systems, natural drainage ways, or within wetland buffer areas.
2. Unimproved Land Areas. Except for driveways, sidewalks, patios, areas occupied by structures or areas which have been improved by landscaping, all areas shall be covered by plants or vegetative growth.
3. Fertilizer Content. Except for the first growing season for newly established turf areas, no person shall apply liquid fertilizer which contains more than one-half (2) percent by weight of phosphorus, or granular fertilizer which contains more than three (3) percent by weight of phosphorus, unless the single application is less than or equal to one- tenth (1/10) pound of phosphorus per one thousand (1,000) square feet. Annual application amount shall not exceed one-half (2) pound of phosphorus per one thousand (1,000) square feet of lawn area.
4. Buffer Zone. Fertilize applications shall not be made within one (1) rod (16.5 feet) of any land or water resource.
H. Structure Grade Elevations. The top of the foundation and the garage floor of all structures shall be eighteen (18) inches above the grade of the crown of the street upon which the property fronts. Exceptions to this standard may be approved by the City Engineer for special circumstances such as increased setback, site topography, septic system operation and the like, provided that proper site and area drainage is maintained and the elevation of the structure is in keeping with the character of the area.
I. Illicit Discharge.
1. Purpose. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the City of Sunfish Lake through the regulation of non-storm water discharges to the storm drainage system to the maximum extent possible as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the City=s storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process.
2. Definitions. For the purposes of this ordinance, the following shall mean:
Authorized Enforcement Agency. Employees or designees of the director of the municipal agency designated to enforce this ordinance.
Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. '1251 et seq.), and any subsequent amendments thereto.
Construction Activity. Activities subject to NPDES Construction Permits. Currently these include construction projects resulting in land disturbance of 1 (one) acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating and demolition.
Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain system.
Illicit Connections. An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or; Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit. A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC ' 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area.
Non-Storm Water Discharge. Any discharge to the storm drain system that is not composed entirely of storm water.
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 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.
Storm Drainage System. Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
Stormwater Pollution Prevention Plan (SWPPP). A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.
3. Applicability. This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
4. Discharge Prohibitions.
a. Prohibition of Illegal Discharges: No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.
b. The following discharges are exempt from discharge prohibitions established by this ordinance:
(1) Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated - typically less than one PPM chlorine, or if discharged non-directly to a public waterbody through a vegetative swale or grass way a minimum of 300 feet as to provide pre-treatment prior to entering the City storm water system), fire fighting activities, and any other water source not containing Pollutants.
(2) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.
(3) The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
5. Prohibition of Illicit Connections.
a. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
b. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
c. A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the storm drain system, or allows such a connection to continue.
6. Watercourse Protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, 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.
SECTION 1216.05 TRAFFIC SIGHT VISIBILITY TRIANGLE:
Except as may be approved by the City Council and except for a governmental agency for the purpose of screening, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be placed on or extend into any yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibility from any street or driveway shall be unobstructed between the height of three (3) feet and six (6) feet, measured from where both street or driveway center lines intersect within the triangle described as beginning at the intersection of the projected curb line of two intersecting streets or drives, thence thirty (30) feet along one curb line, thence diagonally to a point thirty (30) feet from the point of beginning along the other curb line. The exception to this requirement shall be where there is a tree, planting or landscape arrangement within such area that will not create a total obstruction wider than two (2) feet. These requirements shall not apply to conditions that legally exist prior to the effective date of this Ordinance unless such conditions are determined to constitute a safety hazard by the City Council.
SECTION 1216.06 LIGHTING:
Exterior lighting on homes or property within the City of Sunfish Lake shall be discouraged and shall only be allowed where necessary for safety purposes unless fully screened from view of abutting properties. All lighting must be in keeping with the natural atmosphere in the City. Any exterior lighting shall be arranged as to deflect light away from any adjoining residential property, over public water or from the public streets. Direct or sky-reflected glare (e.g.: up lighting and flood lighting) shall not be directed into any adjoining property or over public water. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property or over public water. Bare incandescent light bulbs shall not be permitted in view of adjacent property, over public water, or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the center line of said street. Any light or combination of lights which case light on residential property or over public water shall not exceed one (1) foot candle (meter reading) as measured from said property or edge of water abutting the property in question.
SECTION 1216.07 SMOKE EMISSION AND OPEN BURNING:
A. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7009, as amended.
B. The open burning of vegetative materials or other materials as allowed by Minnesota Statutes shall be in compliance with and regulated by the State of Minnesota Department of Natural Resources under Minnesota Statutes (Chapters 88.01 - 88.22, 88.75 and 88.76).
1. A burning permit shall be required for all open burning and must be obtained from the City Forester after payment of a fee as provided for by City Council resolution.
2. Property owners who fail to obtain a permit for purposes of open burning on land in the City or who otherwise violate Minnesota Statutes (Chapters 88.01 - 88.22, 88.75 and 88.76) shall be guilty of a misdemeanor and be liable to the state and any of its political subdivisions for all expenses incurred in fighting or preventing the spread of, or extinguishing, any fire caused by, or resulting from, any violation of Section 1216.07.B.
SECTION 1216.08 DUST AND OTHER PARTICULATED MATTER:
The emission of dust, fly ash or other particulated matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended.
SECTION 1216.09 ODORS:
The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended.
SECTION 1216.10 NOISE:
Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NCP 7010, as amended.
SECTION 1216.11 REFUSE:
A. Any accumulation of refuse on any premises not stored in containers which comply with City Code, or any accumulation of refuse including car parts on any premises which has remained thereon for more than one (1) week is hereby declared to be a nuisance and may be abated by order of the City Council, as provided by Minnesota Statutes and the cost of abatement may be assessed on the property where the nuisance was found, as provided by law.
B. When awaiting collection, all garbage and rubbish must be properly placed in a container (including all loose contents), stored in the front yard, or driveway as follows:
1. Containers may be set out no sooner than two (2) days prior to collection day.
2. Containers (and any material not picked up by the garbage hauler) must be removed from the front yard, driveway or public boulevard by the end of the day following the collection day.
C. When not awaiting collection, garbage and rubbish must be properly stored in containers that are kept in rear yards, in accessory buildings or in garages. Containers may only be stored in a side yard if the setback of the home is at least fifty (50) feet from the boundary line and they are stored behind the front building line of the home. If the setback of the home is not fifty (50) feet from the boundary line, then the containers may only be stored in a side yard if they are screened by a hedge or enclosure so that they are not in immediate view of the public street.
SECTION 1216.12 EXTERIOR STORAGE:
A. General Prohibition: In all zoning districts, all materials and equipment except as specifically noted and as provided for in Sections 1241 and 1242 of this Ordinance shall be stored within a building or fully screened so as not to be visible from adjoining properties and local street rights-of-way, under the jurisdiction of the City of Sunfish Lake, except for the following:
1. Side or Rear Yards (not including required setback area):
a. Clothes line pole and wires.
b. Not more than two (2) recreational vehicles and equipment (not including race cars) unless approved by the City through an interim use permit.
c. Wood piles for the burning supply of the property resident.
2. Required Front Yards:
a. Off-street parking of passenger vehicles and non-commercial trucks not exceeding a gross weight of 12,000 pounds in residential areas (both on and off-street).
b. Travel trailers or motor homes limited to parking only and for a period not exceeding seventy-two (72) hours within a fifteen (15) day period.
c. All Yards. Construction and landscaping material currently and actively being utilized as part of a specific project being implemented on the site.
SECTION 1216.13 SEWAGE DISPOSAL:
The installation of on-site sewage treatment systems shall be in compliance with the provisions of the State Uniform Building Code, PCA 70-80 as may be amended, and other applicable state and city codes.
SECTION 1216.14 BULK STORAGE (LIQUID):
All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of the Minnesota State Fire Marshall's and Minnesota Department of Agriculture Offices and have documents from those offices stating the use is in compliance.
SECTION 1216.15 RADIATION EMISSION:
All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency.
SECTION ELECTRICAL EMISSION:
All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.