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060512 PlanningTo: Planning Commission Cc: Steve Sondrall, City Attorney Al Brixius, Planning Consultant From: Curtis Jacobsen, Director of CD Date: June 5, 2012 Subject: 3rd Generation Watershed Plan Shingle Creek Watershed Commissioner Stauner will be in attendance at the June planning commission meeting. The PowerPoint from the watershed commission has been previously distributed and attached to this memo are the rule changes proposed for adoption. Commissioner Stauner does not plan on making a presentation. His focus will be on listening to the commissioners and responding to any questions they might have about the proposed rules or the PowerPoint. Changes of significance that Commissioner Stauner thought you should be aware of are noted below: The new table proposed to be inserted in Rule D 2 is significant. Although there was discussion of reducing the size of a development requiring separate review by the commission, the proposal keeps the 5 acre requirement for commission review. The change that will impact how the planning commission deals with project proposals is a new requirement that the cities review projects covering more than a half acre using watershed commission criteria and requiring the projects to meet watershed standards. A good example of the impact of this change is the proposed redevelopment at 62ND and Broadway. Since the site is less than 5 acres, it would not be subject to review by the watershed commission. Under the proposed rules that would stay the same. However, the city in its review of the project would now be required to impose watershed standards on the project. 2. Rule D 3 h (2) changes the abstraction (engineer speak for infiltration) requirement from one half inch to one inch. That can create issues for projects in heavy clay soils. 3. Rue D 3 h (2) (ii) is added and requires a post construction percolation test to confirm the infiltration. 4. Rule D 3 (2) (ix) is added and provides for an infiltration credit of one half an inch if the project includes soil amendment that will reduce post construction compaction of the soil. Soil compaction is an issue that has been addressed in Washington State and what they have done there is the basis for this proposed change. 5. Rule D 5 (k) requires a soil management plan in order to receive the infiltration credit. NONOISHON 1800 Pioneer Creek Center, Maple Plain, MN 55359 Phone: 763-479-4200 Fax: 763-479-4242 To: Shingle Creek/West Mississippi WMO TAC From: Ed Matthiesen, P.E. Diane Spector Date: May 4, 2012 Subject: Third Generation Plan TAC Final Rules and Standards Recommendation Item 7.a. __,.*�,Wenck Engineers - Scientists Over the past few months the TAC and Commissions have been discussing potential modifications to the Rules and Standards. You have approved the following proposed revisions to the Rules and Standards: 1. Increase the abstraction requirement to 1" in 48 hours. 2. Add a project review threshold for linear projects that requires a project review only when one acre or more new surface is created. 3. Revise the project review thresholds as set forth in Tables 1 and 2 below. Table 1. Proposed Third Generation revised rules applicability and review thresholds, all land uses except detached single-family residential. All Land Uses Except Detached Single-Family Residential City Project Review Commission Project Review 0.5 acres to < 1 acre > 1 acre to < 5 acres >_5 acres Development projects Development projects Development projects Abstract I" runoff from all Meet Commission rate, quality, and volume Meet Commission rate, quality, and impervious surface requirements for the entire site volume requirements for the entire site Redevelopment projects Redevelopment projects Redevelopment projects Incorporate permanent water <50 /o o Meet Commission rate, quality, Meet Commission rate, quality, and quality BMPs disturbed and volume requirements for the volume requirements for the entire site disturbed area Meet Commission rate, quality, >50% and volume requirements for the disturbed entire site Table 2. Proposed Third Generation revised rules applicability and review thresholds, detached single - family residential. Z:\Shingle Creek \ManagementPlan \Third Generation Plan \M -may rules and standards review.doc Detached Single-Family Residential Land Uses City Project Review Commission Project Review > I acre to < 15 acres >15 acres Development projects Development Meet Commission rate, quality, and volume requirements for the entire site Meet Commission rate, quality, and volume requirements for the entire site Redevelopment projects Redevelopment projects <50% disturbed Meet Commission rate, quality, and volume requirements for the disturbed area Meet Commission rate, quality, and volume requirements for the entire site >50% disturbed Meet Commission rate, quality, and volume requirements for the entire site Z:\Shingle Creek \ManagementPlan \Third Generation Plan \M -may rules and standards review.doc Item 7.a. The final item for discussion /decision is the soil management standard. The TAC discussed whether this should be a requirement, whether it should apply to both development and redevelopment, or whether it should be voluntary with an associated credit toward the abstraction requirement. The attached marked -up version of the Rules and Standards includes the following language (on page 16) that would allow soil management to be a voluntary practice that could provide a credit toward abstraction. MCWD allows a credit of 0.5" over the soil amendment area, which is also in the final stages of adoption by Carver County. The basis of this credit is HydroCAD modeling comparing runoff depths when changing soil type from HSG C to HSG B. ix) Credit towards compliance with the abstraction requirement in (2) may be achieved by meeting post construction soil quality and amendment depth requirements. Areas that will be subjected to clearing grading, or compaction that will not be covered by impervious surface, incorporated into a drainage facility, or engineered as structural fill or slope may be included in the credit calculation if they meet post construction soil quality and amendment depth requirements. The applicant may compute a credit of 0.5 inches over the soil amendment area and apply that toward the abstraction volume requirement. (a) A minimum 8 -inch depth of compost amended soil or imported topsoil shall be placed in all areas of the project site being considered for the abstraction credit. Before the soil is placed, the subsoil must be scarified (loosened) at least 4 inches deep, with some incorporation of the amended soil into the existing subsoil shall be achieved to avoid stratified layers. (b) Soil amendment may be achieved by either mixing 2 inches of approved compost into the 8 inches of soil depth, or by mixing a custom - calculated amount of compost to achieve 8 inches of compacted soil depth with a minimum organic content of five percent. (c) The amended areas must pass a 12 -inch probe test during the site final inspection. Once amended, soil areas must be protected from recom acp tion, Staff Recommendation Staff recotmnends the Commission consider proposing to adopt soil management as a voluntary practice, providing a volume credit. Z: \Shingle CreckWanagementPlan \Third Generation Plan\M -may rules and standards review.doc Item 7.b. 0 M! 7 .3 Fol =I- Z: \Shingle Creek\ManagementPlan \Third Generation Plan \Rules and Standards Master 2012 DRAFT.doc PolicyStatement ............................................................ ............................... 3 Relationship with Municipalities and County .............................................. ............................... 3 A. Definitions .......................................................................................... ............................... 4 B. Procedural Requirements .................................................................... ............................... 8 C. General Standards ............................................................................... ............................... 10 D. Stormwater Management .................................................................... ............................... 11 E. Erosion and Sediment Control ............................................................ ............................... 17 F. Floodplain Alteration .......................................................................... ............................... 18 G. Wetland Alteration .............................................................................. ............................... 19 H. Bridge and Culvert Crossings ............................................................. ............................... 20 I . Buffer Strips .......................................................... ............................... 21 IFees ..................................................................................................... ............................... 25 K. Variances ............................................................................................ ............................... 26 L. Enforcement ......................................................................................... ............................... 27 M. Amendment ......................................................................................... ............................... 27 Appendix A — Wet Pond Design Standards ................................................. ............................... Shingle Creek and West Mississippi Watershed Management Commissions Page 2 Rules and Standards January 24842013 Item 7.b. The Shingle Creek and West Mississippi Watershed Management Commissions are Joint Powers Associations of the State under the Minnesota Watershed Act, and watershed management organizations as defined in the Metropolitan Surface Water Management Act. These acts provide the Commissions with power to accomplish their statutory purpose: the conservation, protection, and management of water resources in the boundaries of the watersheds through sound scientific principles. The Commissions have 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 watersheds. 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 watershed. Several of the waterbodies have been designated by the State of Minnesota as Impaired Waters, and do not meet state water quality standards. 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 and Standards protect the public health, welfare, and natural resources of the watershed by regulating the improvement or alteration of land and waters in the watershed to 1) reduce the severity and frequency of high water, 2) preserve floodplain and wetland storage capacity, 3) improve the chemical and physical quality of surface waters, 4) reduce sedimentation, 5) preserve the hydraulic and navigational capacities of waterbodies, 6) promote and preserve natural infiltration areas, and 7) preserve natural shoreline features. In addition to protecting natural resources, these Rules and Standards are intended to minimize future public expenditures on problems caused by the improvement or land and water alterations. The Commissions recognize that the control and determination of appropriate land use is the responsibility of the municipalities and the county. The Commissions will review projects involving land - disturbing activities as requested by the local municipalities. The Commissions intend to be active in the regulatory process to ensure that water resources are managed in accordance with its goals and policies. The Commissions will require a project review for developments and improvements in the watershed that meet the thresholds specified in the Rules. The Commissions desire to provide technical advice to the municipalities 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. Shingle Creek and West Mississippi Watershed Management Commissions Page 3 Rules and Standards January 28892013 Item 7.b. 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. Abstraction. Removal of stormwater from runoff, by such methods as infiltration, evaporation, transpiration by vegetation, and capture and reuse, such as capturing runoff for use as irrigation water. 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 Commissions for a project review under these Rules. Best Management Practices (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), and the Minnesota Stormwater Manual (MPCA 2005) as revised. Biofiltration. Using living material to capture and /or biologically degrade or process pollutants prior to discharging stormwater, such as directing runoff through a vegetated buffer or to a rain garden or vegetated basin with an underdrain. Bioretention. A terrestrial -based (upland, as opposed to wetland) water quality and water quantity control process. Bioretention employs a simplistic, site - integrated design that provides opportunity for runoff infiltration, filtration, storage and water uptake by vegetation. Buffer Strip. An area of natural, unmaintained, vegetated ground cover abutting or surrounding a watercourse or wetland. BWSR. The Minnesota Board of Water and Soil Resources. Commission. The Shingle Creek or West Mississippi Watershed Management Commission, as applicable. Shingle Creek and West Mississippi Watershed Management Commissions Page 4 Rules and Standards January 28892013 Item 7.b. Commissioners. The Board of Commissioners of the Shingle Creek or West Mississippi Watershed Management Commissions. Compensatory Storage. Excavated volume of material below the floodplain elevation required to offset floodplain fill. County. Hennepin 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. 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 these Rules. Excavation. The artificial removal of soil or other earth material. Fill. The deposit of soil or other material by artificial means. Filtration. A process by which stormwater runoff is captured, temporarily stored, and routed through a filter bed to improve water quality and slow down stormwater runoff. Floodplain. The area adjacent to a waterbody that is inundated during a 100 -year flood. HCD. The Hennepin Conservation District. Impaired Water. A waterbody that does not meet state water quality standards and that has been included on the MPCA Section 303(d) list of Impaired Waters of the state. 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 '/4 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. Infiltration. The passage of water into the ground through the soil. Shingle Creek and West Mississippi Watershed Management Commissions Page 5 Rules and Standards January 28842013 Item 7.b. Infiltration Area. Natural or constructed depression located in permeable soils that capture, store and infiltrate the volume of stormwater runoff associated with a particular design event. Interested Party. A person or political subdivision with an interest in the pending subject matter. Land Disturbing Activity. Any change of the land surface to include removing vegetative cover, excavation, fill, grading, 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 that is 1 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. Member City. Any city wholly or partly within the Commission's boundary that has executed the Joint Powers Agreement. MnDOT. The Minnesota Department of Transportation. PCA. The Minnesota Pollution Control Agency. Municipality. Any city wholly or partly within the Commission's boundary. NPDES. National Pollutant Discharge Elimination System. 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 (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 OHW level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the OHW 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, auditor's subdivision, or other accepted means and separated from other parcels or portions by its designation. Shingle Creek and West Mississippi Watershed Management Commissions Page 6 Rides and Standards January 28992013 Item 7.b. 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. Public Health and General Welfare. 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% 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 or within 1,000 feet of the OHW of a public water or public waters wetland. Standard. A required 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 these Rules. 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 two or more parcels. TMDL. The Total Maximum Daily Load is the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards. "TMDL" can also refer to a study that calculates that load, or to the allocation of that allowable load to its various sources. An Implementation Plan may be part of the TMDL study or it may be a separate document that sets forth the steps that will be taken to achieve the TMDL. Volume Management. The retention and abstraction of a certain volume of stormwater runoff onsite through techniques such as infiltration, evapotranspiration, and capture and reuse. shingle Creek and West Mississippi Watershed Management Commissions Page 7 Rules and Standards .January 2999203 Item 7.b. 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, 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 Commission adopted and implemented in accordance with Minnesota Statutes, Section 1038.231. Watershed. 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 (WCA). Minnesota Wetland Conservation Act of 1991 as amended. 1. APPLICATION REQUIRED. Any person, or political subdivision, undertaking an activity for which a project review is required by these Rules shall first submit to the applicable Commission a project review application, design data, plans, specifications, fees, and such other information and exhibits as may be required by these Rules. Project review 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. All project review applications must be authorized by the municipality where the proposed project is located. 2. FORMS, Project review applications shall be submitted on forms provided by the Commission. Forms are available at the Commission office or Internet Web site. 3. ACTION BY COMMISSION. The Commission shall act within 60 days after receipt of a complete application, including all required information, exhibits and fees. If a state or federal law or court order requires a process to occur before the Commission acts on an application, or if an application requires prior approval of a state or federal agency, the deadline for the Commission to act is extended to 60 days after completion of the required process or the required prior approval is granted. The Commission may extend the initial 60 -day period by providing written notice of the extension to the applicant. The extension may not exceed 60 days unless approved by the applicant. 4. SUBMITTAL. A complete project review application with all required information and exhibits shall be filed with the Commission at least 14 calendar days prior to the scheduled Shingle Creek and West Mississippi Watershed Management Connnissions Page 8 Rules and Standards January 29492013 Item 7.b. meeting date of the Commission. Late or incomplete submittals will be scheduled to a subsequent meeting date. 5. NOTIFICATION. The Commission shall mail notice of the project review application to the owners of land located adjacent to the described activity, adjacent defined as located within the radius for which notice is required by the member city for review by its Planning Commission of site plan submittals, to a maximum of 300 feet (or 300 feet if the municipality does not require mailed notice of plan reviews), and to the member city or county with jurisdiction over the activity, at least 7 days prior to the scheduled meeting date of the Commission at which the application will be considered. The names and addresses of the owners to be notified shall be obtained by the applicant from the Hennepin County Office of Taxpayer Services and furnished to the Commission on mailing labels or electronic file with the project review application. The project review application will not be processed until the list of owners has been submitted. Notice may be waived by the member city if such a notification has been made as a part of the Planning Commission review process. Neither the failure to give mailed notice to any owner nor any defect in the notice shall invalidate an action by the Commission on a project review application. 6. CONDITIONS. A project review may be approved subject to reasonable conditions to assure compliance with these Rules. The conditions may include a requirement that the applicant and owner enter into an agreement with the member city in a form acceptable to the Commission to a) specify responsibility for the construction and future maintenance of approved structures or facilities, b) document other continuing obligations of the applicant or owner, c) grant reasonable access to the proper authorities for inspection, monitoring and enforcement purposes, d) affirm that the Commission or other political subdivisions can require or perform necessary repairs or reconstruction of such structures or facilities, e) require indemnification of the Commission for claims arising from issuance of the approved project review or construction and use of the approved structures or facilities, and f) reimburse the reasonable costs incurred to enforce the agreement. Project reviews and agreements may be filed for record to provide notice of the conditions and continuing obligations. 7. ISSUANCE OF PROJECT REVIEWS. The Commission will issue a project review approval only after the applicant has satisfied all requirements of these Rules and paid all required fees. 8. VALIDITY. Issuance of a project review approval based on plans, specifications, or other data shall not prevent the Commission 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. 9. MODIFICATIONS. The applicant shall not modify the approved activity or plans and specifications on file with the Commission without the prior approval of the Commission. Shingle Creck and West Mississippi Watershed Management Commissions Page 9 Rules and Standards January 39892013 Item 7.b. 10. INSPECTION AND MONITORING. After issuance of a project review approval, the Commission may perform such field inspections and monitoring of the approved activity as the Commission deems necessary to determine compliance with the conditions of the project review and these Rules. Any portion of the activity not in compliance shall be promptly corrected. In applying for a project review, 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. 11. SUSPENSION OR REVOCATION. The Commission may suspend or revoke an approved project review issued under these Rules whenever the project review approval 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 project approvals received from the municipality or county are not consistent with the conditions of the approved project review. 12. REGULAR MEETINGS. Regular meetings of the Commission are held on the second Thursday of each month at 12:45 p.m., unless notice of a different date or time is given. 13. SEVERAILITY. 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. 1. POLICY. It is the policy of the Commission to protect the water resources of the watershed by requiring that all activities within the watershed comply with minimum standards for the protection of water quality and the environment. (a) All land disturbing activities, whether requiring a project review under these Rules or otherwise, shall be undertaken in conformance with BMPs and in compliance with the standards and criteria in these Rules. (b) Project reviews are required of any land disturbing activity meeting the review thresholds set forth in Rule D Section 2. (c) In areas that drain to Impaired Waters, TMDL Implementation Plans may include site - specific requirements for any land - disturbing activities that are in addition to these rules and standards. (d) No person shall conduct land- disturbing activities without protecting adjacent property and waterbodies from erosion, sedimentation, flooding, or other damage. (e) Development shall be planned and conducted to minimize the extent of disturbed area, runoff velocities, and erosion potential, and to reduce and delay runoff volumes. Disturbed areas shall be stabilized and protected as soon as possible and facilities or methods used to retain sediment on -site. Shingle Crcck and West Mississippi Watershed Manage icnt Commissions Page 10 Rules and Standards January X9982013 Item 7.b. (f) 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. (g) When possible, runoff from roof gutter systems shall discharge onto lawns or other pervious surfaces to promote infiltration. (h) Use of fertilizers and pesticides in the shoreland protection zone shall be so done as to minimize runoff into public waters by the use of earth material, vegetation, or both. No phosphorus fertilizer shall be used unless a soil nutrient analysis shows a need for phosphorus or in the establishment of new turf. (i) 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. The Commission encourages designs using surface drainage, vegetation and infiltration rather than buried pipes and man -made materials and facilities. (j) Whenever the Commission 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 Commission shall notify the member city where the problem occurs and the member city shall require the owner of the land upon which the land disturbing activity is located, or other person or agent in control of such land, to repair or eliminate such condition within the time period specified therein. 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 Commission may require the owner to submit a project review application under these Rules before undertaking any repairs or restoration. e f. POLICY. It is the policy of the Commission to control excessive rates and volumes of runoff by: (a) Requiring that peak runoff rates not exceed existing conditions or the capacity of downstream conveyance facilities or contribute to flooding. (b) Managing subwatershed discharge rates and flood storage volumes to be consistent with the goals of the Commission's water resources management plan and the local water resources management plans. (c) Controlling runoff rates by the use of regional or on -site detention or infiltration facilities where feasible. (d) Reviewing stormwater management structures based on the 100 -year critical storm event for the drainage area. (e) Routing runoff to water treatment ponds or other acceptable facilities before discharging into waterbodies. Shingle Creek and West Mississippi Watershed Management Commissions Page 1 1 Rules and Standards January 2889 2013 Item 7.b. (f) Promoting the use of natural resources for storing runoff and improving water quality and other amenities where appropriate. (g) Promoting natural infiltration of runoff. 2. REGULATION. No person or political subdivision shall commence a land disturbing activity or the development or redevelopment of land for the following types of projects without first submitting to and obtaining approval of a project review from the Commission that incorporates a stormwater management plan for the activity, development or redevelopment: Plans of any land development or site development of 15 °eFes of !aFgeF f " single as set forth in Tables 2.1 and 2.2 below: Table 2.1 Prqiect review thresholds for all land uses except detached single- family residential. All Land Uses Exce t Detached Sin le -Famil Residential CitV Pro'ect Review Commission Pro'ect Review 0.5 acres to < 1 acre 1 acre to < 5 acres 5 acres Development projects Development projects Dev elopment aril redevelopment ' p ro j ects Abstract I" runoff from all Meet Commission rate, quality, and Meet Commission rate, quality, and impervious surface volume requirements for the entire site volume requirements for the entire site Redevelopment projects Redevelopment projects Redevelopment projects Incorporate permanent water quality BMPs <50% di sturbe d — Meet Commission rate, quality, and volume requirements for the disturbed Meet Commission rate, quality, and volume requirements for the entire site area 50% disturbe d Meet Commission rate, quality, and volume requirements for the entire site Table 2.2 Protect review thresholds for detached single- family residential developments. Detached Single-FamilZ Residential Land Uses City Project Review Commission Project Review 1 acre to < 15 acres 1 15 acres Development projects Development Meet Commission rate, quality, and volume requirements for the Meet Commission rate, quality, and volume entire site requirements for the entire site Redevelopment projects Redevelopment projects < 50 % disturbed Meet Commission rate, quality, and Meet Commission rate, quality, and volume volume requirements for the disturbed area requirements for the entire site 50 % disturbed Meet Commission rate, quality, and volume requirements for the entire site f4i3LbL. projects that create one acre or more of new impervious surface. Shingle Creek and West Mississippi Watershed Management Commissions Page 12 Rules and Standards January 2- 2013 Item 7.b. (b)(c) Plans of any land development or individual site development adjacent to or within a lake, wetland, or a natural or altered watercourse as listed in the final inventory of Protected Waters and Wetlands for Hennepin County, as prepared by the DNR. (c}LqLPlans for any land development or site development within the 100 -year floodplain as defined by the Flood Insurance Study for the member city. (d) (e) Plans of any land development or site development regardless of size, if such review is requested by a member city. (Oe D Single family developments of more than 15 acres that drain to more than one watershed, for that portion of the site draining into the Shingle Creek or West Mississippi Watershed. 3. CRITERIA. Stormwater management plans shall comply with the following criteria regarding runoff rate restrictions, landlocked basin requirements, detention pond design criteria, water quality requirements, and volume control requirements: (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. The storm event table is shown below. If an approved local water management plan requires more restrictive rate control, then the more restrictive rate shall govern. Runoff rates may be restricted to less than the existing rates when necessary for the public health and general welfare of the watershed. Member cities and project review applicants shall not exceed discharge rates at City boundaries as determined in the Commission's hydrologic model. Tahly 7. 1 Ctnrm event denths by return frenuenev. Return Fre uency 24 -hour 12 -hour 6 -hour 3 -hour 2 -hour I 1 -hour 30 -min 15 -m ;n 2-year 2.8 2.4 2.1 1.7 1.7 1.4 1.1 0.7 10- ear 4.2 3.7 3.1 2.6 2.5 2.1 1.7 1.3 1 00- ear 5.9 5.0 4.4 3.8 3.5 2.9 2.4 1.7 Source: US Department of Conunerce, Weather Bureau, Technical Paper No. 4U (TX -40) (c) Regional detention basins shall be utilized to manage peak flow rates and meet water quality objectives when feasible. (d) 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 duration producing the critical flood levels and discharges. (e) Landlocked water basins may be provided with outlets that: (1) Retain a hydrologic regime complying with floodplain and wetland alterations. (2) Provide sufficient storage below the outlet run -out elevation 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. (3) Do not create adverse downstream flooding or water quality conditions. Shingle Creek and West Mississippi Watershed Management Commissions Page 13 Rules and Standards January —2 2013 Item 7.b. (f) If detention basins are used to control rate of runoff they shall be designed to provide: (1) An outlet structure to control the 2 -year, 10 -year, and 100 -year critical storm events to predevelopment runoff rates. Said outlet structure will be required to control critical storm events to less than predevelopment runoff rates if downstream facilities have insufficient capacity to handle the increased flow. (2) Alternative to (1), runoff may be directed to a downstream facility within the same hydrologic subwatershed that has sufficient capacity to provide the required rate control. This means that no rate control may be required for an individual development provided there is a regional facility designed and constructed to accommodate the flow from this property. (3) An identified overflow spillway sufficiently stabilized to convey a 100 -year critical storm event. (4) A normal water elevation above the OHW of adjacent waterbodies. (5) Access for future maintenance. (6) An outlet skimmer to prevent migration of floatables and oils for at least the two year storm event. Baffled weirs and wooden skimmers are not allowed. (7) The member city's ordinance prescribing a minimum low floor elevation above the pond's high water level shall govern. (g) Stormwater must be treated prior to discharge to remove 60 percent of phosphorus and 85 percent of total suspended solids. Treatment may be provided by one or more permanent sedimentation and water quality ponds or a combination of BMPs that together will meet removal requirements. (1) If permanent sedimentation and water quality ponds are used they 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 pennanent wet pool with dead storage of at least the runoff from a 2.5 -inch storm event. (2) Alternative to (1), runoff may be directed to a downstream facility within the same hydrologic subwatershed that has sufficient capacity to provide the required treatment. This means that no treatment may be required for an individual development provided there is a regional facility designed and constructed to accommodate the flow from this property. (h) Development and redevelopment must incorporate volume control BMPs into the site design to minimize the creation of new impervious surface and reduce existing impervious surfaces, minimize the amount of directly connected impervious surface, Shingle Creek and West Mississippi Watershed Management Commissions Page 14 Rules and Standards .January 20992013 Item 7.b. preserve the infiltration capacity of the soil, and limit increases in runoff volume exiting the site to the extent feasible considering site - specific conditions. (1) Examples of BMPs that preserve pervious areas and reduce runoff volume can be found in "Protecting Water Quality in Urban Areas" (MPCA, 2000, as amended); the "Minnesota Urban Small Sites BMP Manual" (Metropolitan Council 2001, as amended); the "Minnesota Stormwater Manual" (MPCA, 2005, as amended) and other BMP guidance manuals. (2) For development and redevelopment that requires a project review, stormwater runoff volume abstraction shall be provided onsite in the amount equivalent to One - ha4€one inch of runoff generated from new impervious surface. (i) When using infiltration for volume reduction, runoff must be infiltrated within 48 hours using accepted BMPs for infiltration, such as infiltration trenches, rainwater gardens, or infiltration basins. Infiltration volumes and facility sizes shall be calculated based on the measured infiltration rate determined by a double -ring infiltrometer test(s) conducted to the requirements of ASTM Standard D3385 at the proposed bottom elevation of the infiltration area. Other testing methods may be used with the approval of the Commission's Engineer. The measured infiltration rate shall be divided by the appropriate correction factor selected from the Minnesota Stormwater Manual. This site investigation must be conducted by a licensed soil scientist or engineer. O)f ii)_ A post- construction percolation test must be performed on each infiltration practice and must demonstrate that the constructed infiltration rate meets or exceeds the design infiltration rate prior to project acceptance by the city. (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. Examples of pretreatment BMPs can be found in "Protecting Water Quality in Urban Areas" (MPCA, 2000, as amended); the "Minnesota Urban Small Sites BMP Manual" (Metropolitan Council 2001, as amended); the "Minnesota Stormwater Manual" (MPCA, 2005, as amended) and other BMP guidance manuals. (v) Design and placement of infiltration BMPs shall be done in accordance with the Minnesota Department of Health guidance `Evaluating Proposed Stormwater Infiltration Projects in Vulnerable Wellhead Protection Areas," as amended. (vi) Constructed bioretention and infiltration practices such as rain gardens, infiltration trenches, and infiltration benches shall not be used in: (a) Fueling and vehicle maintenance areas; Shingle Creek and West Mississippi Watershed Management Connnissions Page 15 Rules and Standards January X2013 Item 7.b. (b) Areas with less than 3 feet separation from the bottom of the infiltration system to the elevation of seasonal high groundwater; (c) Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than 5 feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater; (d) Areas within 400 feet of a community water well, within 100 feet of a private well, or within a delineated 1 -year time of travel zone in a wellhead protection area; (e) Sites containing contaminated soils or groundwater. (vii) Where infiltration is not advisable or infeasible due to site conditions, biofiltration must be provided for that part of the abstraction volume that is not abstracted by other BMPs. Where biofiltration is infeasible, at a minimum filtration must be provided. viii Alternative to (2), runoff may be directed to a downstream facility within the same hydrologic subwatershed that has sufficient capacity to provide the required volume management. This means that no volume management may be required for an individual development provided there is a regional facility designed and constructed to accommodate the volume from this property (ix) Credit towards compliance with the abstraction requirement in (2) may be achieved by meeting post construction soil quality and amendment depth requirements. Areas that will be subjected to clearing grading, or compaction that will not be covered by impervious surface, incorporated into a drainage facility, or engineered as structural fill or slope may be included in the credit calculation if the meet neet post construction soil quality and amendment depth requirements. The applicant may compute a credit of 0.5 inches over the soil amendment area and apply that toward the abstraction volume requirement. (a) A minimum 8 -inch depth of compost amended soil or imported topsoil shall be placed in all areas of the project site being considered for the abstraction credit. Before the soil is placed, the subsoil must be scarified (loosened) at least 4 inches deep, with some incorporation of the amended soil into the existing subsoil shall be achieved to avoid stratified lavers. (b) Soil amendment may be achieved by either mixing 2 inches of approved compost into the 8 inches of soil depth, or by mixing a custom - calculated amount of compost to achieve 8 inches of compacted soil depth with a minimum organic content of five percent. (c) The amended areas must pass a 12 -inch probe test during the site final inspection. Once amended, soil areas must be protected from recompaction, 4. WAIVERS. Shingle Creek and West Mississippi Watershed Management Commissions Page 16 Rules and Standards January 29942013 (a) The Commission may waive the on -site runoff rate, volume and water quality control design criteria as noted above, if a municipality has an off -site stormwater facility that provides equivalent control and treatment of runoff that conforms to Commission standards. (b) The design criteria for infiltration may be waived for sites with total impervious surface of less than one acre if infiltration BMPs have been incorporated to the maximum extent possible. 5. EXHIBITS. The following exhibits shall accompany the project review application (one set full size, one set reduced to a maximum size of 11" x 17 ", and one electronic set in pdf format): (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 or filtration as a stormwater management practice, identification, description, results of double -ring infiltrometer tests, and 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 stonnwater 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. JhNarrative addressing incorporation of volume management BMPs. (4) (1) Applications requesting an abstraction credit must include a Soil Management Plan (SMP) that shall include 11" x 17" or larger site map indicating areas where soils Will be amended and calculations for soil volumes to be stockpiled and amounts of amendment or topsoil to be imported to achieve specified minimum organic matter content. (1)(m ) 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 Shingle Creek and West Mississippi Watershed Management Commissions Page 17 Rules and Standards January 20842013 Item 7.b. designed. The owner of any water quality treatment device if not a governmental unit shall provide to the member city, in a form acceptable to the Commission, a recordable agreement detailing an operations and maintenance plan that assures that the structure(s) will be operated and maintained as designed. 7. EASEMENTS. The member city shall obtain from the applicant, in form acceptable to the Commission, recordable 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 Commission may require as a condition of project review approval that the member city shall require that the land be subjected to restrictive covenants or a conservation easement, in form acceptable to the Commission, to prevent the future expansion of impervious surface and the loss of infiltration capacity. B. POLICY. It is the policy of the Commission to control runoff and erosion and to retain or control sediment on land during land disturbing activities by requiring the preparation and implementation of erosion and sediment control plans. 2. REGULATION. No person or political subdivision shall commence a land disturbing activity or the development or redevelopment of land for which a project review is required under Rule D without first submitting to and obtaining approval of a project review from the Commission that incorporates 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) Erosion and sediment control measures shall be consistent with best management practices as demonstrated in the most current version of the MPCA manual "Protecting Water Quality in Urban Areas," and shall be sufficient to retain sediment on -site. (b) Erosion and sediment controls shall meet the standards 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, except where more specific requirements are required. (c) All erosion and sediment controls shall be installed before commencing the land disturbing activity, and shall not be removed until completion. (d) The activity shall be phased when possible to minimize disturbed areas subject to erosion at any one time. Shingle Creek and West Mississippi Watershed Management Commissions Page 18 Rules and Standards January 2942013 Item 7.b. 4. EXHIBITS. The following exhibits shall accompany the project review application (one set full size, one set reduced to a maximum size of 11" x 17 ", and one electronic set in pdf format): (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 Commission. 5. MAINTENANCE. The project review applicant 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 NPDES permit. The project review applicant shall, at a minimum, inspect and maintain all erosion and sediment controls and soil stabilization measures daily during construction, weekly thereafter, and after every rainfall event exceeding 0.5 inches, until vegetative cover is established. 1. POLICY. It is the policy of the Commission to prevent and control flooding damage by: (a) Preserving existing water storage capacity below the 100 -year critical flood elevation on all waterbodies in the watershed to minimize the frequency and severity of high water. (b) Minimizing development in the floodplain that will unduly restrict flood flows or aggravate known high water problems. (c) Requiring compensatory storage for floodplain fill. 2. REGULATI ®N. 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 an approved project review from the Commission. Shingle Creek and West Mississippi Watershed Management Commissions Page 19 Rules and Standards January -2 2013 Item 7.b. (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 the elevation required in the municipality's ordinance. 4. EXHIBITS. The following exhibits shall accompany the project review' application (one set full size, one set reduced to a maximum size of 11" x 17 ", and one electronic set in pdf format): (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 these Rules. (g) Soil boring logs and report if available. 5. EXCEPTIONS. If a municipality or county has adopted a floodplain ordinance that prescribes an allowable degree of floodplain encroachment, the applicable ordinance shall govern the allowable degree of encroachment and no project review will be required under this Floodplain Alteration Rule. 1. POLICY. It is the policy of the Commission to preserve and protect wetlands for their water quality, stormwater storage, habitat, aesthetic, and other attributes by: (a) Achieving no net loss in the quantity, quality and biological diversity of wetlands in the watershed. (b) Increasing the quantity, quality and biological diversity of wetlands in the watershed by restoring or enhancing diminished or drained wetlands. (c) Avoiding direct or indirect impacts from activities that destroy or diminish the quantity, quality and biological diversity of watershed wetlands. Shingle Creek and West Mississippi Watershed Management Commissions Page 20 Rules and standards January 28892013 Item 7.b. (d) Replacing 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. 4. LOCAL GOVERNMENT UNIT. The Commission intends to serve as the local government unit for administration of the Wetland Conservation Act for those cities that have designated the Commission to serve in that capacity, as noted in the Commission's annual report. 1. POLICE'. It is the policy of the Commission to maintain channel profile stability and conveyance capacity by regulating crossings of watercourses for driveways, roads and utilities. 2. REGULATION. No person or political subdivision shall construct or improve a road or utility crossing across Shingle Creek or any watercourse with a tributary area in excess of 100 acres without first submitting to the Commission and receiving approval of a project review. 3. CRITERIA. Crossings shall: (a) Retain adequate hydraulic capacity, which for any crossing over Shingle Creek shall be based on the hydraulic model for the creek. (b) Not adversely affect water quality. (c) Represent the "minimal impact" solution to a specific need with respect to all reasonable alternatives. (d) Allow for future erosion, scour, and sedimentation maintenance considerations. Shingle Creck and West Mississippi Watershed Management Commissions Page 21 Rules and standards January 28942013 Item 7.b. 4. EXHIBITS. The following exhibits shall accompany the project review application (one set full size, one set reduced to a maximum size of 11 " x 17 ", and one electronic set in pdf format) : (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 that complies with these Rules. WINBUTE. WN N (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 Shingle Creek is determined by the Commission to be causing significant erosion, the Commission may notify the member city where said crossing is located and the member city may order the owner of the crossing to make necessary repairs or modifications to the crossing and outlet channel. 1. POLICY. It is the policy of the Commission to maintain the water quality and ecological functions provided by watercourses and wetlands by requiring the development of vegetated buffers around watercourses and wetlands where development and redevelopment occurs, and to encourage the installation of vegetated buffers around all watercourses and wetlands. 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. REGULATION. No person or political subdivision shall commence a land disturbing activity or the development or redevelopment of land for: any single family detached housing project 15 acres or larger in size; projects in any other land use such as commercial/ industrial /institutional 5 acres or larger in size; or any land disturbing activity requested by a member city to be reviewed regardless of project size; on land that contains or is adjacent to a watercourse or wetland without first submitting to and obtaining approval of a project review from the Commission that incorporates a vegetated buffer strip between the development or redevelopment and the watercourse or wetland. Shingle Creek and West Mississippi Watershed Management Commissions Page 22 Rules and Standards January 24842013 Item 7.b. (a) This Rule shall apply to all lands containing or abutting watercourses or wetlands and lands within the buffer strips required by this Rule that are subject to a project review under these Rules. Watercourses and wetlands shall be subject to the requirements established herein, and other applicable federal, state and local ordinances and regulations. If a municipality has a buffer strip requirement that has been reviewed and approved by the Commission, the municipal regulation shall have precedence over the Commission's Rules. (b) 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. (c) 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 Commission with a project review application. (d) Wetland and buffer strip identifications and delineations shall be prepared in accordance with state and federal regulations. 4. CRITERIA.. The following standards apply to all lands that contain or abut a watercourse or wetland: (a) BMPs 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 an approved project review: (1) Submit to the member city, in a form acceptable to the Commission, a recordable conservation easement for protection of 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 6(e) below and the removal of the buffer strip monuments within the buffer strip or the watercourse or wetland. (2) Install the wetland monumentation required by Paragraph 8 below. (c) All open areas within the buffer strip shall be seeded or planted in accordance with Paragraph 9 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. (a) For any project review submitted after January 1, 2003, a buffer strip shall be maintained around the perimeter of all watercourses or wetlands. The buffer strip shingle Creek and West Mississippi Watershed Management Commissions Page 23 Rules and Standards .January 2- 2013 Item 7.b. provisions of this Rule shall not apply to any parcel of record as of the date of this Rule until such parcel is developed or redeveloped. The Commission does, however, strongly encourage the installation of buffer strips on all parcels in the watershed. (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 9 below. Buffer strips shall be identified within each parcel by permanent monumentation in accordance with Paragraph 8 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 may be removed as long as the buffer strip is maintained to the standards required by the Commission. 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: (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 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 strip have been avoided or minimized to the extent possible. (3) 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. (a) Because of unique physical characteristics of a specific parcel, narrower buffer strips may be necessary to allow a reasonable use of the parcel, based on an assessment of: (1) The size of the parcel. (2) Existing roads and utilities on the parcel. (3) The percentage of the parcel covered by watercourses or wetlands. (4) The configuration of the watercourses or wetlands on the parcel. shingle Creek and West Mississippi Watershed Management Commissions Page 24 Rules and standards January 24892013 Item 7.b. (5) The quality of the affected watercourses and wetlands. (6) Any undue hardship that would arise from not allowing the alternative buffer strip. (b) The use of alternative buffer strips will be evaluated as part of the review of a stormwater management plan under these Rules. Where alternative buffer strip standards are approved, the width of the buffer strips shall be established by the Commission based on a minimum width of 10 feet. Alternative buffer strips must be in keeping with the spirit and intent of this Rule. 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 include warnings about disturbing or developing the buffer strip. (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: (1) Has a continuous, dense layer of perennial grasses that has been uncultivated or unbroken for at least 5 consecutive years; or (2) Has an overstory of trees and /or shrubs that has been uncultivated or unbroken for at least 5 consecutive years; or (3) Contains a mixture of the plant communities described in Subparagraphs 9(a)(1) and (2) above That has been uncultivated or unbroken for at least 5 years. (b) Notwithstanding the performance standards set forth in Paragraph 9(a), the Commission may determine existing buffer strip vegetation to be unacceptable if: (1) It is composed of undesirable plant species including but not limited to common buckthorn, reed canary grass, or species on the Minnesota State Noxious Weeds List; or (2) It has topography that tends to channelize the flow of runoff, or (3) For some other reason it is unlikely to retain nutrients and sediment. (4) Where buffer strips are not vegetated or have been cultivated or otherwise disturbed within 5 years of the project review application, such areas shall be replanted and maintained with native vegetation. The buffer strip plantings must be identified on the project review application. Acceptable buffer strip design and planting methods are detailed in the reference documents "Restoring and & Managing Native Wetland and Upland Vegetation" (Jacobson 2006, prepared for BWSR and MnDOT). Shingle Creek and West Mississippi Watershed Management Convnissions Page 25 Rules and Standards January 29842013 Item 7.b. (c) Buffer strip vegetation shall be established and maintained in accordance with the requirements found in this Paragraph. 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. � '4 4 M ' (a) Buffer strips must be kept free of all materials, equipment and structures, including fences and play equipment. Buffer strips must not be grazed, cropped, logged or mown except as approved by the Commission. The topography of the buffer strips shall not be altered by any means, including paving, plowing, cutting, dredging, filling, mining, or dumping. (b) Variances. (1) Only variances meeting the standards and criteria set forth in Rule K shall be granted. (2) Variances shall not be granted that would circumvent the intent and purposes of this Rule. I ZIlasnox�Ty 1. POLICE'. The Commission finds that it is in the public interest to require applicants to pay the cost of administering and reviewing project review applications, and inspecting approved activities to assure compliance with these Rules, rather than using the Commission's annual administrative levy for such purposes. The Commission shall by resolution establish a schedule of fees that may be amended from time to time to reflect the cost of providing each service. 2. APPLICATION. Each application for the issuance, transfer or renewal of a project review recommendation under these Rules shall be accompanied by an application fee to defray the cost of processing the application. 3. REVIEW. A project review applicant under these Rules shall pay a fee for the cost of the review and analysis of the proposed activity, including services of engineering, legal, and other consultants. The review fee shall be payable upon the submission of the project review application. 4. VARIANCE. A project review applicant requesting a variance from these rules shall pay a deposit for the cost of analyzing the request, including services of engineering, legal, and other consultants. The variance deposit shall be payable upon the submission of the project review application. Should the cost of said variance review exceed the amount on deposit, the application shall deposit such additional sums as are needed to pay Shingle Crcek and West Mississippi Watershed Management Commissions Page 26 Rules and Standards January 28882013 Item 7.b. such costs. Failure to pay such costs is grounds to deny the application or suspend review. Funds not used shall be returned to the applicant. 5. WETLAND MITIGATION PLAN. A project review applicant under these rules shall pay a deposit for the cost of the review and analysis of a proposed activity involving a wetland mitigation plan in a municipality where the Commission is the LGU. The deposit is to cover the costs of engineering, legal, and other consultants. The wetland mitigation deposit shall be payable upon the submission of the project review application. Should the cost of said wetland mitigation plan review exceed the amount on deposit, the application shall deposit such additional sums as are needed to pay such costs. Failure to pay such costs is grounds to deny the application or suspend review. Funds not used shall be returned to the applicant. 6. WETLAND MITIGATION PLAN MONITORING. A project review applicant under these rules in a municipality where the Commission is the LGU shall deposit an escrow to cover the cost of Commission monitoring and annual monitoring plan review for the five - year period. The applicant may apply to the Commission to provide the field monitoring services and to supply to the Commission the annual monitoring report. In the event the applicant does not do the field monitoring the Commission will undertake the data collection. If the escrow amount is insufficient to cover the costs the Commission may require additional funds from the applicant. 7. WETLAND MITIGATION SECURITY DEPOSIT. A project review applicant under these rules in a municipality where the Commission is the LGU shall provide a security to assure that the replacement plan is followed. The amount of the security shall be calculated on a case -by -case basis based on the estimated cost of construction, follow up and contingency. The security may also include an amount determined by the Commission to be sufficient to protect the public in the event the replacement plan does not succeed. S. DEPOSI'T'S. The Commission will maintain an accounting for all deposits made under this Rule. No interest will be paid to applicants for funds held in deposit. E s 1. WHEN AUTHORIZED. The Commission 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 practical difficulties or particular hardship, and when the terms of the variance are consistent with the Commission's water resources management plan and Minnesota Statutes, chapter 1031). 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 Shingle Creek and West Mississippi Watershed Management Commissions Page 27 Rules and Standards January X9 2013 Item 7.b. 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 Commission. 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 Commission to consider the application. 4. 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. 1. ADMINISTRATION. These Rules shall be administered by the Commission. The Commission shall consider applications required under these Rules and determine whether such applications should be approved, approved with conditions, or denied. Such determination shall be communicated to the member city in which the project lies and to the applicant. 2. IMPLEMENTATION BY MEMBER CITIES. It shall be the duty of each city to enforce and 'implement such determinations by the Commission under the various permitting processes and regulations of the city. Each city shall make such amendments to its official controls, regulations, and permitting processes as are necessary to provide it with the authority to enforce and implement the determinations of the Commission. 3. FAILURE BY CITY TO IMPLEMENT. Upon a determination by the Commission that a city has not enforced or implemented a decision of the Commission in the administration of these Rules, the Commission shall notify the city of such determination and direct that appropriate action be taken by the city. If the city does not take such action, the Commission may take such legal steps as are available to it to effect such enforcement or implementation. 1. AMENDMENT. These rules may be amended from time to time by the Commission. Proposed amendments shall be reviewed by the member cities prior to adoption unless the Commission determines that said amendment is of a minor or technical nature. Minor or technical amendments include recodifying or streamlining the rules, clarifying policies, or other actions that do not adversely affect a member city or impact the Commission's or member cities' ability to meet their water management plan goals. Shingle Creek and West Mississippi Watershed Management Commissions Page 28 Rules and Standards January 24092013 Item 7.b. 2. PROCEDURE. Proposed major amendments to these rules shall be first considered by the Commission and then forwarded to the member cities for a 45 -day comment period. Following that comment period, the Commission shall consider the proposed amendment and the comments received for approval. All amendments shall be made by resolution. Shingle Creek and West Mississippi watershed Management Commissions Page 29 Rules and Standards January 28892013 Item 7.b. SHINGLE CREEK/WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS RULES APPENDIX A WET POND DESIGN STANDARDS Permanent Pool Depth Permanent Pond Surface Area 4 to 10 feet Greater of 2% of watershed's impervious area and I% of the watershed Permanent Pool Length to Width Ratio Side Slopes Side Slope Stabilization Floatable Removal Sediment Accumulation Area Permanent Pool Volume Source 3:1 or greater with an irregularly shaped shoreline 10:1 for 10 -foot bench centered on the normal water elevation and between 3:1 and 20:1 elsewhere Native seed with MnDOT 310, BWSR W2 or equivalent between NWL and HWL, provide 10' buffer where possible with MnDOT 330 (short) or MnDOT 340 (tall) Skimming device discharging at no greater than 0.5 fps during the 1 -year event or a submerged outlet with a minimum 0.5 feet from the normal water level to the crown of the outlet pipe Provide maintenance pads to remove sediment deltas at inlets A 4 -foot mean depth and equal to 2.5 -inch rain over the watershed Protecting Water Quality in Urban Areas (MPCA 2000) January 2899 Item 7.b. Shingle Creek/West Mississippi Watershed Management Commissions Management Rules and Standards* Standard Purpose Applicability A Stormwater Management Plan To control excessive rates All development or redevelopment consistent with all applicable and volumes of runoff, projects of the following types: management rules and standards* must manage subwatershed • Single family detached housing Control be reviewed and approved by the discharge rates and flood project X-5-1 acres or larger in size 1 commission prior to commencement of storage volumes; improve • Projects in any other land use 0.5 land disturbing activities. water quality; protect water acres or larger in size Project resources; and promote . Projects within the 100 -year Reviews natural infiltration of floodplain Required runoff. • Projects adjacent to or within a lake, wetland, or watercourse • Any land disturbing activity requested and oils, or a combination of BMPs by a member city to be reviewed providing those removals regardless of project size Vegetated buffer strips of a minimum To protect water quality; • Linear projects creating more than one Peak runoff rates may not exceed To control excessive rates All projects on more than one acre existing rates for the 2 -year, 10 -year, and volumes of runoff, requiring a project review Redevelopment Rate and 100 -year critical storm event; or manage subwatershed projects disturbing less than 50 percent of Control the capacity of downstream discharge rates and flood the site must meet the requirement only for conveyance facilities; or contribute to storage volumes the disturbed area. One inch of impervious surface To control excessive rates All projects on more than one acre runoff must be abstracted on site for at and volumes of runoff, requiring a project review Redevelopment Volume least 48 hours manage subwatershed projects disturbing less than 50 percent of Manage- discharge rates and flood the site must meet the requirement only ment storage volumes; and the new impervious surface. promote natural infiltration of runoff. Erosion Erosion control plan using Best To control erosion and All projects requiring a project review and Management Practices (BMPs) and sediment so as to protect 85% of TSS, using either pennanent Sediment consistent with the NPDES General conveyance systems and Control Construction Permit is required water quality Compensating storage is required to To prevent and control All development or redevelopment Floodplain mitigate floodplain fill flooding damage projects within the 100 -year floodplain Alteration Quality pool with dead storage of at least the regardless of proj size Shingle Creek and West Mississippi Watershed Management Commissions Rules and Standards January 201309 Removal of 60% of phosphorus and To protect water quality All projects on more than one acre 85% of TSS, using either pennanent requiring a project review Redevelopment sedimentation and water quality ponds projects disturbing less than 50 percent of consistent with NURP design the site must meet the requirement only for Water standards, providing a permanent wet the disturbed area. Quality pool with dead storage of at least the runoff from a 2.5 inch event and an outlet skimpier controlling floatables and oils, or a combination of BMPs providing those removals Vegetated buffer strips of a minimum To protect water quality; All projects requiring a project review that 20 foot, average 30 foot width are reduce erosion and contain or abut a wetland or watercourse Buffer required adjacent to wetlands and sedimentation; reduce Strips watercourses pollutants from runoff and debris; and provide habitat Wetlands may not be drained, filled, To preserve and protect All land disturbing activity impacting a excavated, or otherwise altered without wetlands for their water wetland as defined by the Wetland Wetland an approved wetland replacement plan quality, stormwater Conservation Act (WCA) from the local government unit (LGU) storage, habitat, aesthetic, with iurisdiction and other attributes Shingle Creek and West Mississippi Watershed Management Commissions Rules and Standards January 201309 Item 7.b. *Important Note: Approved TMDL Implementation Plans may have additional site - specific requirements. Shingle Creck and West Mississippi Watershed Management Commissions Rules and Standards January 201349 * J im To: Planning Commission Curtis Jacobsen, Director of Community Development Cc: Pam Sylvester, Administrative Specialist Al Brixius, Planning Consultant Steve Sondrall, City Attorney Chris Long, City Engineer From: Eric Weiss, CD Assistant Date: June 1, 2012 Subject: City Center Zoning As you are well aware, the city has been conducting a transit oriented design (TOD) study of the City Center area for nearly two years. The intent of the study was to research and analyze ways to foster and encourage pedestrian- scaled and compact redevelopment of the city's downtown area. In June of 2011, the city adopted the New Hope City Center Vision, a sort of guidebook for redevelopment of the area. Moving forward, it became apparent the city needed to create a separate zoning district for this area due to its unique characteristics and its importance as the business, commercial, and cultural center of the city. The draft zoning code before you has been crafted by Sherri Buss, consultant with planning firm TKDA, and city staff, along with consultation by Al Brixius, the city's regular planning consultant. The draft code was prepared utilizing language from a variety of sources including the city's existing zoning code, the City Center Vision, the Design Guidelines, and TOD and pedestrian- oriented districts in other cities. The intent of the code is to provide both a level of flexibility in design and site standards as well as to create a more pedestrian- centric neighborhood. Two meetings of the Codes and Standards Committee have been held to review the proposed ordinance. The Planning Commission began review of the document in April and was able to review up to Section 4- 17(f). The group was scheduled to review the second half of the document in May but due to a rather lengthy meeting the item was tabled until June. An open house was held during the hour before the Planning Commission meeting and was attended by a handful of residents and businesses, most of which were approving of the ordinance and excited for redevelopment to move forward. An open house was also held on April 18 as part of the New Hope Business Networking Group. The Planning Commission will continue review of the draft ordinance at its June meeting. If the Planning Commission is able to complete review at the June meeting, a public hearing will be scheduled for the July meeting (which would be scheduled on July 10 due to the Independence Day holiday the week before). Staff will prepare a Power Point presentation to guide the Planning Commission through the document and to provide visuals. The major changes proposed in the second half of the document include: 1. Section 4- 17(c). Permitted Uses. The CC district will allow for a mix of residential, commercial, and civic uses. There will be a minimum and maximum level of residential density permitted with the intent of creating a compact neighborhood with reasonable density levels. 2. Section 4- 17(f). Vehicle and Bicycle Parking Requirements. One goal of the City Center Vision is to decrease the amount of expansive parking lots. The proposed parking requirements intend to balance the needs of vehicles and bicycles and to create a more moderate level of surface parking. Parking requirements for the City Center district will be different from other areas of the city as this is intended to be a TOD area. Parking minimums have been reduced and a cap on the number of parking stalls - a parking maximum - has been imposed. This will limit over - parking as well as under - parking. Provisions have been included to push parking lots towards the rear and side of buildings and to encourage structured parking. For the first time, a bicycle parking standard will be required. 3. Section 4- 17(g). Lighting. The intent of this section is to create a well -lit district with particular attention paid to a variety of pedestrian areas. 4. Section 4- 17(h). Useable Open Space. One of the key components of the City Center Vision and TOD Study was the need for more green space in City Center. This section will require private land owners to provide space that is useable as open space (as opposed to just green space). 5. Section 4 -17(i) through Section 4- 17(k). These sections reiterate the importance of pedestrian and bicycle connections from public to private areas, landscaping, and design guidelines. 6. Section 4 -17(l). Signs. In order to reduce the visual clutter often associated with signage, this section further regulates signs in City Center and mandates they be integrated with the overall site and building. A limit of ten feet in height has been placed on ground and monument signs. Please feel free to contact staff with any questions or concerns before the meeting. Some of the language included may be new to a number of you. An internet search may be helpful if you are struggling to comprehend the new concepts, especially for some of the geometric and visual ideas. Please keep in mind that this is still in draft form, meaning amendments are likely and encouraged. All concepts proposed have been adopted successfully elsewhere. Finally, please refer back to the New Hope City Center Vision for guidance, available on the city's website at http://www.ci.new - hope.mn.us/ departments /communitydevelopment / planning /city_center /index.shtml. Attachments: - Draft CC, City Center Zoning District 2 CITY OF NEW HOPE — DRAFT ZONING ORDINANCE FOR CITY CENTER DISTRICT Sec. 4 -17. CC, city center district. (a) Purpose, The purpose of the CC, City Center district is to encourage a mixture of residential, commercial, office, and civic uses in the City Center area to enhance its function as the heart of the community. The district is designed to: (1) Provide a diversity of housing opportunities and land uses by encouraging a mix of medium- and high - density residential uses with commercial, entertainment, employment, and civic uses in vertical (uses located in separate structures) and horizontal (uses located in the same structure) mixed use areas; (2) Increase opportunities for residents to live. in close proximity to jobs, non - residential development and transit connections; (3) Provide for development that is conveniently and safely accessible by multiple travel modes including transit, walking and bicycling, and for people of all levels of mobility; (4) Require aesthetically pleasing building and site design throug4'4he use of high - quality building materials, landscaping an&architectural Aesign; (5) Encourage a sense of activity and liveliness along front building facades, public open spaces and sidewalks;` (6) Provide parking in an efficient'manner; (7) Provide public gathering'spaces and,green spaces; (8) Encourage appropriate transitions between higher - intensity uses within commercial (9) (10) completed through the Ordinance. The Planne property owner, to pro (c) Uses, CC., The follow: uses in the'CC district: and adjacent lower - density residential districts; le design practices; district and implement the goals outlined in the New Hope City irehensive Plari and Design Guidelines. ents, except for improvements to existing buildings, must be e Plan Review process, as outlined in Section 4 -35 of the Zoning lnit Development (PUD) process can be applied, at the request of the e flexibility in the planning process as outlined in Section 4 -34. table indicates permitted, conditional, temporary, and administrative TABLE 4- 17(c) -1 USE Permitted I Conditional I Temporary I Admin Multi- family housing (10 -50 units per acre, net) C Live -work building C Mixed -use, residential and commercial P PUD, residential C Residential care facility (7 -16 persons) C Licensed day care facility C Senior /disabled housing C 1 ' ` }i t } `nl l \l l` l \i' # l \\ 1 �\ 3 ` d' �8 \ 3`\ t. \?i i4 !..3 I N \`y1\ \ 11�U1`'$)ll \4+1 1 1 '�". z•�3~ aY: "j\ 1k)}cv "r yt ,.'}�ry".,e . ..t "'.' :r/p y[yp`y "r;,') Radio and television receiving antennas P (1) Administrative uses. Administrative uses listed in Table 4- 17(c) -1 are subject to the following administrative use provisions: a. Farmers markets', festivals 1. Hours of operation shall be limited to the hours between 6:00 a.m. and 9:00 P.M. Signage for the sales operation may be counted separate from the maximum allowed for the principal use otherwise occupying the site. However, this waiver shall be limited to a maximum of two signs per site not to exceed a total combined' area of 64 square feet of signage. 3. Any use of an outdoor souhd. system in any connection with farmers market shall not exceed fifty -five decibels at the property line. b. Drive - through service lanes: A drive- through service lane accessory to any permitted or conditionally permitted business 6r , ,use shall be allowed only if the following additional oriteria are satisfied: 1. Stacking. Not less'than 100 feet of segregated 'Automobile stacking must be provided for 'the single,service lane. Where multiple service lanes�are provided, the mmiumi n automobile stacking may be reduced to 60 feet per lane. No part ,of the public street or boulevard may be used for stackin , of automobiles. This amount may be adjusted, higher or lower, ifpeakaverage monthly volume for the business (or similar businesses) shows a need for a different amount of queuing 2. It shall not exceed fifty -five decibels at property . acilities shall be designed so that circulation and drive -up ire not.adjacent to sidewalks, outdoor dining spaces, parks, open space or between buildings and the street, to the extent practicable. In situations where drive - through lanes sated between the building and the street, then additional and landscaping will be required. han two drive - through stations are permitted. crossings within parking lots and logical pedestrian routes irking lots shall be clearly marked with crosswalk type o. redestrian crossings of drive through lanes shall be clearly marked with crosswalk paint, signs, raised crosswalks, and other visual cues that alert drivers to the crossing. Likewise, signs and other visual cues shall be provided to alert pedestrians of the crossing. c. Home occupations, permitted and conditionally permitted, accessory per subsection 4- 3(g)(3) of this Code. d. Open /outdoor sales, seasonal products subject to the permit requirements of chapter 8 of this Code. e. Outdoor dining, patio 1. The applicant shall be required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. 2. The size of the dining area is restricted to 30 percent of the total customer floor area within the principal structure. 3. The dining area is screened from view from adjacent residential uses in accordance with subsection 4- 3(d)(3) of this Code. 4. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: a. Segregation from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods. b. Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, streetlights, parking meters, or the like. c. Overstory canopy of trees, umbrellas, pergolas, or other structures extending into the pedestrian clear passage zone or Pedestrian aisle shall have a minimum clearance of seven feet . 'above sidewalk. 5. The diningarea is surfaced with concrete, bituminous or decorative pavers or may consist. of a deck with wood or other flooring material that provides 'a clean,' attractive, and functional surface. 6. A minimum width of 36 inches shall be provided within aisles of the outdoor dining area. 7. Outdoor'furniture shall be stored inside or secured after normal operating hours. Any'`storage of furniture shall not be permitted on the patio between December 1 and February 28. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject.to the storage prohibition of this section. 8. Additional off- street parking shall be required pursuant to the requirements set forth in subsection 4 -17(f) of this Code based on the additional seating area provided by the outdoor dining area. door dining, rooftop I . Provide permanent walls or fencing around the periphery of the dining area at a minimum height of 42 inches to ensure the safety of persons /property. 2. Any permanent structures, including divider walls, trellis work, etc. be included as part of the building upon which they are located and are subject to the building height limitations as specified in subsection 4 -17(d) of this Code. 3. The submitted plans for a rooftop dining facility as well as the building upon which the proposed outdoor dining is to occur is 4 subject to review by the city building inspector. The inspector will determine whether the building is structurally capable of handling the additional weight of persons and equipment. (2) Conditional uses. In reviewing applications for conditional use permits, the planning commission and city council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses and to achieve the goals and objectives of the comprehensive plan. Such conditions may include, but are not limited to, the following: a. Controlling the area, bulk, height and location of such uses. b. Regulating ingress and egress to the property and the proposed structures thereon with particular reference to ,vehicle, pedestrian, and bicycle safety and convenience, traffic flow and control, aind access in case of fire or other catastrophe. c. Regulating off - street parking and loading areas where required to insure adequate supply and safe andfunctional design. d. Utilities with reference tQ location availability and capacity. e. Fencing, screening, landscaping or other facil ities to protect nearby properties. f. Regulation of building and site design fo °insure compliance with the New Hope Design Guidelines and insure continuity and compatibility of design with the adjoining development within the district. g. Conditional uses listed 'in Table 4- 17(c) are subject to the following conditional use vernit nrovisions. a. Businesses serving the public shall generally be located on the first floor for accessibility. Office or studio spaces or other low- traffic activities may be located on upper floors or b. The dwelling unit component shall maintain a separate entrance. c. The business component of the building may include offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit, or limited retailing associated with fine arts, crafts, or personal services. It may not include a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the property. d. The business of the live -work unit must be conducted by a person who resides in the dwelling unit. The business shall not employ more than two (2) workers on -site at any one time who live outside of the live -work unit. e. All buildings that permit live -work units shall adopt rules to regulate their operations in order to ensure that live -work units function harmoniously with other living units within the building. 5 2. PUD, residential. Residential planned unit developments and townhomes as regulated by section 4 -34 of this Code. 3. Group care facility. A state licensed facility serving seven or more persons. a. The facility is not located within 1,320 feet of any similar type use or care facility. b. The entrance of the facility is located within 400 feet of a public transit route and stop, and pedestrian access is available, or the operators provide a transportation/access plan which is found acceptable by the city council. 4. Day care facility, residential. A state licensed facility, serving 13 or more persons, provided that: a. Street access. The site andxelated parking and service is served by an arterial or collector street of sufficient capacity to accorl iodate the traffic which will be generated. 5. Daycare and adult daycare, commercial. A day care facility (as defined in subsection 4 -2(b)) and /or an adulf day=care (as defined in subsection 4 -2(b)) serving 13 or more people provided that: a. The design and location of the facility drop off area shall not interfere with internal site circulation. b. Outdoor recreation area. Outdoor areas for active or passive recreation shall be provided in compliance with the following Each facility shall provide a minimum of 1,500 square feet of outdoor recreation area and must have 75, square feet of outdoor recreation area per person within the outdoor recreation area at any given time. The outdoor recreation area may be reduced for adult day care if the applicant can demonstrate that limited client mobility warrants a reduction of the outdoor 1 recreation area. ii. The outdoor recreation area shall be located in a side or rear yard, shall be subject to accessory building setbacks, and shall be fully enclosed and delineated via fencing and landscaping in accordance with subsection 4 -3(d) of this Code. iii. No more than 75 percent of the outdoor recreation area shall be covered with an impervious surface. The surfacing material shall be subject to the approval of the city engineer. The remaining 25 percent of the outdoor recreation area shall be green space and shall be planted with grass or sod and landscaped. PUD, Commercial. Commercial planned unit development as regulated by section 4 -34 R 7. Recreational business. Recreational business facilities exceeding 10,000 square feet in area, provided that: a. Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence. 8. Veterinary care. Provided the clinic boards without treatment ten or fewer animals in a 24 -hour period. All activity shall be within a completely enclosed building withsoundproofing and odor control. Outdoor kennels shall be prohibited. (3) Temporary uses. Temporary uses listed in;Table.4 17(c) -1 are subject to the following temporary use provisions: a. Farmers' markets, festivals 1. No such permit_shall'be approved between the months of November and April. b. Open /outdoor sales, seasonal, products (d) Bulk, building placement and dimensional standards The' following requirements shall be observed in the CC zoning district, subject to additional requirements, exception and modification set forth in this Code: TABLE 4- 17(d) -1 Minimum lot area All uses,;. I'`No minimum Minimum lot width All use No minimum Maximum height Principal building 72 feet Accessory building T 20 feet Street side build -to ran a All uses 10 -25 feet Side.yard setback Uses adjacent to non- 5 feet residential or multi - family uses or districts Uses adjacent to single- family 20 feet residential uses or districts Corner, local or arterial street 10 feet Rear yard setback Uses adjacent to non- 10 feet residential or multi - family uses or districts Uses adjacent to single- family 20 feet residential uses or districts Minimum Net FAR All uses, except civic 0.5 FAR Minimum Net FAR Civic uses None Minimum green space Residential 110 percent Commercial, mixed use 1 5 percent i (1) The street side shall be determined to be the yard facing the primary street. The primary street is defined as the street as outlined in the following hierarchical order: City Center Main Street, Minor Arterial, City Center Collector. Streets in the city center district are to be designated under this hierarchy as part of the comprehensive plan. (2) Residential Density. The maximum residential density is 50 units per net acre. Maximum densities may be increased by up to 25 percent if two of the following amenities are provided and up to 50 percent if four or more of the following amenities are provided: a. At least 80 percent of the required parking is provided in under - ground or above - ground structures, including allaevels of parking ramps. b. Housing is provided above ground.floor.commercial or civic uses and the total floor area of the housing is at least twice the floor area of the commercial and /or civic uses. c. Buildings are placed at or, near'the street right-of-way and off - street parking is screened from public right =of-way by buildings. d. At least 50 percent of the building ground coverage is concentrated in structures of four or more stories in height, thereby conserving open space within the development site. e. Durable exteriorwall finishes' consisting of glass, brick, stone or stucco on 80 percent oft f. Indoor recr unit or 750 g. Rooftop ou tennis cour feet per un h. Transit serf (3) In cases of double -1 buildings are permi fronts. (4) All above- ground u telecommunication; utilities shall be loc part of the site plan preventers. (5) Driveways may cio for pedestrian safet; (e) Architecturai standards rooms equal to a minimum of 25 square feet per ioor recreational tacilities such as swimming pools, porches, gardens,or similarffacilities equal to a minimum of 25 square or 750 square feet total, whichever is greater. ce availablevithin 300 feet of entrance. lots, buildings should be oriented to the primary street, but >Ilow the street side yard build -to requirements on both ity structures associated with electric, natural gas, :able television distribution lines, pipes, conduits, or other public A behind the minimum setback unless otherwise approved as )proval. This applies to air vents, utility boxes, and back -flow the street side setback, but shall be perpendicular to the street and to minimize the intrusion into any landscaped area. (1) Building entrances and orientation: a. When a lot abuts a public street right -of -way, open space system, multi -use trail, or greenway at least one entrance or sidewalk connection shall be provided to connect the building to the pedestrian zone. b. Entrances shall be clearly visible and identifiable from the street and delineated with elements such as roof overhangs, recessed entries, landscaping or similar design features. (2) Facades a. All non - residential buildings fronting the primary street or public open space shall be designed so that the first floor street facade of the building(s) along all streets include clear glass window and doors to create pedestrian interest. These openings shall be arranged so that the uses are visible from and to the street on at least 30 percent of the length and at least 20 percent of the area of the first floor street level facade frontage. At least 50 percent of the windows shall have the lower sill within three feet of the grade. b. For residential uses, buildings shall be designed so that the first floor facade fronting the primary street or public open space includes the use of clear glass windows and doors arranged so that the uses are visible from and /or accessible to the street on at least 25 percent of the length of the first floor street frontage. c. Width. A building more than 45 feet in width shall be divided into increments of no more than 20 feet through articulation, of the facade. This can be achieved through combinations of the #ollowing: 1. Facade modulation — stepping -back or extending forward a portion of the facade; 2. Vertical division — using different`textures or materials, providing materials are drawn from a commotfoalette; 3. Storefronts — division of the building face into distinct storefronts with separate entrances and display windows;. 4. Roof lines — varied roof lines with alternating dormers, stepped roofs, gables or other roofelements, 5. Articulation interval '== 'placernent of arcades, awnings, window bays, arched wvindows, or balconies at intervals equal to the articulation d. Canopies, on exterior shall rig: e. Ba sett (3) Exterior M a. Thi for The vnings, cornices, and similar architectural accents are permitted milding,walls. Such ,features shall be constructed of rigid or erial designed to complement the'streetscape of the area. Any such extend from the building* more than four feet. In no instance ature extend I over or interfere with the growth or maintenance of tree plantings. Minimum overhead clearance shall be eight feet. sorts for these features are not permitted in the sidewalk or public re feet over the street side or side corner yard a minimum clearance of ten feet from grade. ry exterior opaque materials on each elevation of a building, except vice side, must be brick, stone, decorative masonry, or similar )r a combination thereof. ving materials are not, allowed as exterior materials: painted or concrete block, aluminum, vinyl or fiberglass siding or roofing precast concrete materials. (4) Alternative Designs or Materials. To encourage creativity, imagination, innovation, and variety in architectural design, the planning commission may recommend modifications of the requirements of this Section and the city council may approve such modifications upon determining that the proposed architectural design or exterior facades materials meet all of the following conditions: a. The proposed design or material is consistent with the purposes of this section. b. The proposed design or material would enhance the architectural appearance of the building and would be equal or superior to designs or materials permitted by this section. 0 c. The proposed design or material would be in harmony with the character of adjacent buildings and the surrounding district. d. Strict adherence to the requirements of this section would result in reduced functionality, operation, or safety of the site and/or building. (� Vehicle and bicycle parking requirements. For purposes of this section, new uses within the CC district shall be required to meet the minimum/maximum parking spaces as shown in the following chart. All square footage is measured as `gross footage.' Table 4 -17 -1 Parkin` imums' Provision Land Use Unit Minimum Ratio Maximum Ratio Residential Per housing unit 1, plusJ0% for 2.5, plus 10% for 800 feet of a public transit park and ride facility with an `est ark*ng guest parkin Commercial retail Square feet ' 0 6r.40.0, SF 1 per 200 SF Commercial service Square feet l per 400 SF 1 per 200 SF Commercial office Square feet 1 per 400 SF .., 1 per 300 SF Restaurant Square feet 1 per 200 SF 1 per 75 SF Restaurant, on -sale liquor Square feet 1 per 100 SF 1 per 50 SF Hotel or motel Per room .75, plus 10% for l .5, plus 10% for uests.and staff guests and staff Clinic S "uare.feet 1 'er`300 SF 1 per 100 SF Community center, Square feet 1 per 400 SF 1 per 200 SF Conference center, library, health club, museum Theatre Per seat ,: .167 (1 per .seats), 'plus .333 (1 per 3 seats), 5% for'staff plus 10% for staff (1) The required /permitted number of parking spaces of any building within the CC District, including -mixed -use buildings, shall be the sum total of the requirements for each use in the buiMing. (2) Parking minimums may be reduced under the following circumstances, if one or more of the following `is "provided: Table 4-170 Parkin` imums' Provision Adjustment Principle use, is located within 800 feet of a parking facility 25 percent reduction with public spaces available to the general public or within 800 feet of a public transit park and ride facility with an approved joint -use agreement Shared parking areas between abutting uses 10 percent reduction Payment in lieu of parking provided for use of existing Per stall reduction municipal parking stall A reduction in the required number of parking stalls may also Negotiated reduction be permitted if evidence is provided demonstrating that the parking requirements of the proposed use will be less than the number of parking stalls required above during the peak demand period, based on factors such as number of employees, type of use, pr2jected volume of customer traffic, ITA etc. (3) Parking maximums may be exceeded under the following circumstances, if one or more of the following is provided: Table 44M-2 �, lt\ u i � C ��d � U�`��'Se4� t i`b � e� e�ro�'a.? ;� v 5�1 y n � i � i +: � 1 .,k ➢ `t" h �1ry �"St+7: Provision Ad' ustment Structured above - ground or under - ground parking is provided 25 percent increase on site Shared parking agreement is executed 20 percent increase All parking spaces are located behind the building'and are not 10 percent increase visible from the public right-of-wa Driveways and access points are shared by at least two 10 percent increase adjacent properties Combining or interconnecting adjacent parking lots and 10 percent increase p edestrian access points (4) In no case shall the cumulative increase or decrease in parking exceed 25 percent. (5) The off - street parking dimensionarstandards shall conform to the general requirements for off - street parking located, in Section 4 -3(e) of this Code. (6) No surface parking or maneuvering space shall be permitted within a required setback as outlined in Section 4; -3(e) or between the primary structure and the abutting street side lot line, except that drivewayq access to the parking area may be installed,across these areas. (7) No surface parking shall be iocated ,on,corherJots at the point of street intersections. (8) Parking "and loading facilities; and all other areas upon which motor vehicles may be located fronting along a public street, public sidewalk or public pathway may be provided if the following standards -:are met: a. A landscaped yard at least seven feet wide shall be provided along the public street sidewalk orpathway, except where a greater yard is required. If a parking facility contains,over 100 parking spaces, the minimum required landscaped,yard shall be increased to ten feet in width. b. Screening consisting of either a masonry wall, fence, or hedge, or combination thereof that forms a screen three feet in height and not less than 60 percent opaque shall be provided, except that where areas are devoted principally to the parking or loading of trucks or commercial vehicles of more than 15,000 pounds screening six feet in height and not less than 60 percent opaque shall c. Not less than one tree shall be provided for each 20 linear feet or fraction thereof of parking or loading area lot frontage. d. Total parking or loading area lot frontage shall not exceed 100 linear feet along a public street, public sidewalk or public pathway. (1) On- street parking spaces located along the portions of a public street(s) abutting the use where parking is currently permitted may be counted toward the minimum number of parking spaces as required by this section. Those on- street parking spaces must be located on the same side of the street as the use, have a dimension of at least 20 feet in length, and be located in areas approved by the city's Public Works Department. On- street parking directly across the street from the use may be counted if that parking abuts property that is undevelopable because of physical constraints. 11 (2) On- street parking shall not be counted in calculating maximum parking spaces. (3) Parking requirements may be met on -site or off -site at a distance of up to 800 feet from the permitted use. Off -site parking to meet the requirements of this section may be provided through a lease, subject to the review and approval of the city. (4) Parking that is located to the rear of the primary structure may extend the entire width of the lot, with the exception of any required screening or landscaped areas. Shared parking shall be permitted and encouraged. (5) Bicycle parking shall be provided as a component of all parking facilities as a ratio of one bicycle space per 20 automobile spaces or a minimum of two bicycle parking stalls, whichever is greater. Bicycle parking must be provided within view of each business front entrance. Adjoining businesses may share common bicycle parking areas. ( pet g. Un in`1 the enc It. At adz cle. ens (g) Lighting (6) All parking areas for more than ten motorized vehicles, except for parking areas for townhouse dwellings on a single lot, shall provide screening. If a wall is provided, then the area devoted to the wall shall.bewide enough to allow for its maintenance. The screening may be eliminated if parking lots are combined or interconnected with vehicular and pedestrian access. Structured parking, with the exception of civic structured following additional requirements: e. At least 50 percent of the linear s devoted to retail, office, civic, in� more of the linear street frontage footage of these uses shall be minimums. If retail, office, civic, instituti rear or side of the facility or the facility: then the total suit shall meet the I frontage of the facility shall be or residential uses. If 75 percent or I to such uses, then the total square percent toward the required FAR rntial uses are constructed on the nd floor on the street frontage of these areas shall be credited 100 ward the required FAR minimums. fund parking structures are permitted. Under- ground parking located imum setback shall be permitted with an eight foot clearance from the under - ground structure to the sidewalk, subject to an approved Zent agreement, No ventilation shall be permitted in the setback. in nine foot clearance shall be maintained on the first level and any level that provides disabled parking spaces. A minimum seven -foot shall be maintained throughout the remainder of the parking deck to safe movement of vans and emergency vehicles. -rior lighting shall meet the requirements of this Ordinance, Section 4- ►, and - the following additional requirements: 1. Poles within landscaped areas and plazas shall have a maximum height of 20 feet, measured from grade, and shall be coordinated with city standards. 2. Lighting fixtures mounted directly on structures shall be permitted when utilized to enhance specific architectural elements or to help establish scale or provide visual interest. 3. Shielded illumination or fixtures shall be permitted to light building mounted signage, building facades, or pedestrian arcades if they are integrated into a building's architectural design. 4. Lighting should highlight entrances, art, terraces, and special landscape features. 12 5. Separate pedestrian scale lighting or other low -level fixtures, such as bollards, shall be incorporated for all pedestrian ways through parking lots and drop -off areas at entrances to buildings. 6. All primary walkways, steps, or ramps along pedestrian routes shall be illuminated. b. Light Intensity 1. The following minimum levels of illumination must be maintained for each of the specific locations: Table 4- 17(g) -1 Gross floor area (GFA), Location Minimum Level of Illumination (foot'candles Building entrance 40,000+ SF,' _ Sidewalks' Bikewa s - 1.0 Courts, plazas and terraces 1.5 Stairways, ramps and underpasses 5.0 Parking lots 1.0 :. (h) Useable open space (1) Useable open space for public,congregationr ar required for all new commercial and mixed -us 20,000 square feet and greater. Stich buildings proportionate,to the building ;s uare'foota e ac recreational opportunities shall be )uildings with a gross floor area gust „provide useable open space >r'ding.,to the followinia schedule: Table 4 -17 h -1 Gross floor area (GFA), Useable Open Space Minimum 20,000- 39,999 SF 1 SF per 150 SF GFA 40,000+ SF,' _ 1 SF per 100 SF GFA apace may be located on'roofs of buildings or enclosed on the ground 1 maximum of 30 percent of the required open space may be provided , nclosed ground floor level. uired open,space shall be accessible to the users of the building and improved with seating, plantings, and amenities, and be visible from the street or pedestrian areas. FAR credits are allowed for all new developments when the pedestrian space is available for use by the public, including widened sidewalk areas. To encourage semi - public useable open space and a pedestrian - friendly atmosphere, useable open space may encroach into the setbacks under the following circumstances: 1. In the street side yard facing a public street, sidewalk or pathway; 2. In the side yard facing a public street, sidewalk or pathway; 3. In an interior side yard, setback three feet from the property line; 4. When adjacent to non - residential zoning district. (i) Pedestrian and bicycle access (1) Connectivity and Circulation. Uses in the CC district shall be integrated with the surrounding area, easily accessible, and have a good internal circulation system for a variety of travel modes. a. The pedestrian sidewalk system shall meet the following standards: 13 I . Internal sidewalk connections are required between buildings and from buildings to all on -site facilities such as but not limited to parking areas, bicycle facilities, and open space. 2. External sidewalk connections are required to provide direct connections from all buildings on -site to the existing and /or required sidewalk system and to adjacent trails, parks, and greenways. 3. All internal sidewalks shall be finished with a hard surface and maintain an open width of at least five feet. 4. All crosswalks across public or private drives shall be a minimum of Eve feet wide and shall be constructed with a distinctive paving material, as approved by the city. (j) Landscape and buffer standards (1) Landscape standards a. The landscape plan must be consistent with the city's design guidelines and any applicable master plan for the` City Center. b. The plan for landscaping must include ground cover, shrubs, trees, foundation plantings, sculpture, fountains, decorative walks, o r other similar site design features or materials. Landscaping must conform to the requirements of the City Code Section 4-3(d)(4), and the following: 1. A minimum of one deciduous or evergreen shrub per one linear foot of foundation. 2. The periphery of all parking lots shall be landscaped and screened in compliance with this ordinance.. (2) Buffer Standards a. All uses shall provide landscaping along all property lines abutting residentially used property located adjacent to the CC district. This I equirement also applies in situations where an alley with a right -of -way width of 25 feet or less separates uses in the CC district from a non -CC district residential property. Landscaping shall be provided along all property lines abuttingthe alley when adjacent to residential uses. Multi- family developments in the CC district are exempt from this landscaping requirement when they abut other multi- family uses. b. In no instance shall a chain link, wood, vinyl, or barbed wire fence be permitted. ' (k) Design standards (1) All design requirements, as outlined in the design guidelines, for the City Center district shall apply. The design guidelines have been adopted as part of the city's (l) Signs, banners, flags and pennants (1) Signage'sh all 'be designed to be integral with the architectural character of the building to which it belongs. Specifically, the scale, proportion, and color shall be appropriate to the building in which the sign is attached. Elements to be considered include architectural appearance, sign size, type of illumination, sign motion, sign setback, surface colors, and message. The architectural appearance of the sign shall not be so dissimilar to the existing signage on surrounding buildings as to cause impairment in property value or constitute a blighting influence. (2) Where signs, banners, flags and pennants for identification or decoration are provided, they shall conform to the following: a. Wall signs shall have a maximum of 150 total square feet or five percent of the building wall area occupied by the user, whichever is less. Wall signs may 14 be increased by 20 square feet per sign in lieu of a ground mounted or monument sign. b. Wall signs are permitted to project up to two feet into the minimum setback as measured from the building. A minimum overhead clearance of eight feet from the sidewalk shall be maintained. c. Marquee signs are permitted. d. Ground mounted or monument signs are permitted as follows: 1. Signs shall not exceed ten feet in height and 40 square feet in area. 2. Signs shall be located behind the right -of way and out of any sight distance triangle. 3. Signs shall be setback five feet from any property line. 4. No freestanding pole signs sha permitted. 5. No off - premise signs shall be" pefmitted. 15