HomeMy WebLinkAboutOrd #055-3rd Ser/Adding Chp 79 concerning const. site runoff SUMMARY OF ORDINANCE NO. 55 , THIRD SERIES
ORDINANCE NO. 55 , THIRD SERIES
AN ORDINANCE ADDING
CHAPTER 79 TO TITLE VI, LAND USE, OF THE ORONO CITY CODE
CONCERNING CONSTRUCTION SITE RUNOFF CONTROL
The following is the official summary of Ordinance No. 55 , Third Series approved by
the City Council of the City of Orono on April 13, 2009.
The Ordinance establishes a requirement for a land disturbance permit for construction
projects that have the potential to cause erosion and sets out the requirements for
obtaining such a permit as well as the penalties for not complying with the conditions of
the permit. �
This is an abbreviated summary of Ordinance No. 55 , Third Series. A printed copy of
Ordinance No. 55 ,Third Series in its entirety is available for inspection by any person
at the office of the City Clerk during regular office hours. This ordinance becomes
effective immediately upon publication.
Adopted by the City Council of the City of Orono, Minnesota on this 13th day of
April, 2009 by a vote of 5 ayes and 0 nays.
ATTEST:
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Linda S. Vee, City Clerk es M. White, Mayor
Published in the Sun Sailor newspaper the week of April 23 , 2009.
. �
ORDINANCE NO. 55
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
AN ORDINANCE ADDING CHAPTER 79 TO TITLE VI,LAND USE, OF THE ORONO
CITY CODE CONCERNING CONSTRUCTION SITE RUNOFF CONTROL
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
Section 1. Chapter 79 is added to Title VI, Land Use, of the Orono City Code to read as
follows:
Chapter 79
CONSTRUCTION SITE RUNOFF CONTROL
Sec. 79-1. Intent.
To promote the health, safety and general welfare of the citizens of Orono, Minnesota,by
requiring stormwater management practices for construction activity.
Sec. 79-2. Statutory Authorization.
This Chapter is adopted pursuant to Minnesota Statutes Section 462.351.
Sec: 79-3. Findings.
The City hereby finds that uncontrolled land disturbing or development activities at
construction sites are subject to soil erosion and other pollutants that enter into receiving water
bodies adversely affecting the public health, safety and general welfare by impacting water
quality, creating nuisances, impairing other beneficial uses of environmental resources, entering
roads and damaging the pavement, and trespassing on private land.
Sec. 79-4. Purpose.
The purpose of these regulations is to promote, preserve and enhance the natural
resources within the city and protect them from adverse effects occasioned by poorly sited
development or incompatible activities by regulating land disturbing or development activities
that would have an adverse and potentially irreversible impact on water quality and
environmentally sensitive land; by minimizing conflicts and encouraging proper installation and
maintenance of best management practices (BMPs) for land disturbing or development activities;
and by requiring detailed review standards and procedures for land disturbing or development
activities proposed for such areas, thereby achieving a balance between development and
protection of water quality and natural areas.
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Sec. 79-5. Definitions.
The following terms, phrases, words and their derivatives shall have the meaning
ascribed to them, except where the context clearly indicates a different meaning. When
inconsistent with the context, words used in the present tense include the future tense, words in
the plural number include the singular number, and words in the singular number include the
plural number. The word"shall"is always mandatory and not merely directive.
Applicant means any person or group that applies for a permit to allow land disturbance
activities. Applicant also means that person's agents, employees, and others acting under this
person's or group's direction. The term"applicant" also refers to the permit holder or holders and
the permit holder's agents, employees, and others acting under this person's or group's direction.
City means the administrative staff, or its agent, of the City of Orono. �
Best management practices (BMP)means erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling,
preventing, and minimizing the degradation of surface water, including construction-phasing,
minimizing the length of time soil areas are exposed,prohibitions, and other management
practices published by state or designated area-wide planning agencies.
Detention facility means a permanent natural or man-made structure, including wetlands,
for the temporary storage of stormwater which contains a permanent pool of water.
Discharge means the release, conveyance, channeling, runoff, or drainage, of stormwater
including snowmelt, from a construction site.
Exposed soil areas means all areas of the construction site where the vegetation(trees,
shrubs, brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil
more prone to erosion. This includes topsoil stockpile areas, borrow areas, and disposal areas
within the construction site. It does not include stockpiles or surcharge areas of gravel, concrete
or bituminous. Once soil is exposed it is considered"exposed soil," until it meets the definition
of final stabilization.
Final stabilization means that all soil disturbing activities at the site have been
completed, and that a uniform perennial vegetative cover with a density of seventy-five percent
(75%) for unpaved areas and areas not covered by permanent structures has been established, or
equivalent permanent stabilization measures have been employed. Simply sowing grass is not
considered final stabilization.
Land disturbing or development activities means any change of the land surface including
removing vegetative cover, excavating, filling, grading and the construction of any structure.
Person means any individual, firm, corporation,partnership, franchise, association or
governmental entity.
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Public waters has the meaning given it in Minnesota Statutes, Section 103G.005,
subdivision 15.
Sediment means solid matter carried by water, sewage, or other liquids.
Stormwater Pollution Prevention Plan (SWPPP) means a joint stormwater and erosion
and sediment control plan that is a document containing the requirements of this ordinance. �
Structure means anything which is built, constructed or erected, an edifice or building of
any kind, or any piece of work artificially built up or composed of parts joined together in some
definite manner, which requires a location on,below or above the ground, land or water, or
attached to something having a location on the ground, land or water.
Storm water means precipitation runoff, storm water runoff, snow melt off, and any other
surface runoff and drainage.
Waters of the state has the meaning given it in Minnesota Statutes, Section 115.01,
subdivision 22.
Wetlands means type 1, 2, 3, 4, 5, 6, 7, and 8 wetlands, as defined in circular 39,
"Wetlands of the United States," 1971 edition, United States Department of the Tnterior.
Sec. 79-6. Permit and SWPPP Required.
(a) Applicability. No person shall conduct land disturbing activities that meet any of
the following criteria without a land disturbance permit and submitting a Stormwater Pollution .
Prevention Plan (SWPPP) pursuant to this Chapter.
(1) Land disturbance greater than or equal to one acre or which will be part of
a larger common plan or development that will include land disturbing activities
greater or equal to one acre.
(2) Grading, excavation, fill, which is greater than or equal to 10 cubic yards
(CY)within the shore setback zone of any lake.
(3) Grading, excavation, or fill which is greater than or equal to 25 CY.
(b) No building permit, subdivision approval, or other permit that will result in land
disturbing activities shall be issued until approval of the Stormwater Pollution Prevention Plan or
a waiver of the approval requirement has been obtained in conformance with the provisions of
this ordinance.
(c) Exemptions. The provisions of this Chapter do not apply to:
(1) Any part of a subdivision if a plat for the subdivision has been approved
by the City Council on or before April 13, 2009; or
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(2) A lot for which a building permit has been approved on or before April 13,
2009; or
(3) Emergency work to protect life, limb or property; or
(4) Tilling, planting, or harvesting of agricultural, horticultural, or
silvicultural (forestry) crops.
Sec. 79-7. Application Procedures.
(a) Permit Application: To obtain a land disturbance permit, the applicant shall first
file an application on a form furnished by the City for that purpose. Every such application shall:
(1) Identify and describe the work to be covered by the permit for which
application is made.
(2) Describe the land on which the proposed work is to be done by legal
description, street address or similar description that will readily identify and
definitely locate the proposed building or work.
(3) Indicate the purpose of the proposed work.
(4) Be accompanied by a Stormwater Pollution Prevention Plan as required in
section 79-9(c).
(5) Be signed by the permittee or authorized agent.
(6) Give such other data and information as may be required by the City.
(b) Financial Security.
(1) Security required. The applicant shall provide the City with financial
security to ensure the performance of the applicant's obligations pursuant to this
Chapter. The financial security may be in the form of a bond, letter of credit,
escrow deposit or cash. The financial security must be provided to the City upon
the submittal of the permit application. The City may use the financial security to
assure that the work is completed in accordance with the Stormwater Pollution
. Prevention Plan and the provisions of this Chapter. The financial security may
also be used by the City to eliminate any hazardous conditions associated with the
work and to repair any damage to public property or infrastructure that is caused
by the work. Applicants who are applying for a land disturbance permit for a
project consisting of one lot with one single family house are exempt from the
financial security requirement of this Chapter, so long as the City determines that
there is no potential for environmental degradation.
(2) Amount of security. The amount of security shall be one-hundred twenty-
five percent (125%) of the estimated cost to accomplish compliance with the
approved Stormwater Pollution Prevention Plan or two thousand dollars
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($2,000.00), whichever is greater, in addition to any other security performance
required by any other regulations in this Code. The estimated cost shall be subject
to approval by the City Engineer.
(3) Reduction of financial security. If requested by the applicant, the amount
of the financial security may be reduced by the City subsequent to City
inspection. Said reduction will be based upon the extent to which the grading and
restoration have been completed and shall consider the continued need for erosion
control. At no time prior to final stabilization, shall the security be reduced to less
than ten percent (10%) of the total original security amount.
(4) Release of security. Any remaining amount of the financial security
deposited with the City for faithful performance of the plans and specifications
. and any related remedial work will be released after the completion and
inspection of all such measures and the establishment of final stabilization, for the
permitted site or common plan of development or sale.
(5) City remedy. If compliance with the approved Land Disturbance Permit is
not accomplished within the allowable time period, the City may bring the project
into compliance by use of the security.
(6) Exemptions. The City shall be exempt from the requirements of this
Section.
(c) Stormwater Pollution Prevention Plan. Each application for a land disturbance
permit shall be accompanied by two (2) copies of a Stormwater Pollution Prevention Plan
consisting of the following dependent upon the type and size of land disturbance activity
conducted as described below:
(1) For all individual residential platted lots or any commercial and industrial
land which disturbs less than 1 (one) acre and includes fill or excavation less than
100 cubic yards:
a. Identification of proposed contour grading on the site at vertical
intervals of not more than two (2) feet;
b. Drainage patterns clearly shown using arrows depicting direction
of surface water flow;
c. A map showing the stages or limits of grading together with the
existing or proposed finished elevations;
d. Identification of proposed building bench elevations;
e. Submission of preliminary plans or program for water supply,
sewage disposal, drainage and flood control (if applicable);
f. Soil borings, if required by the city engineer;
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g. Locations of any wetlands, lakes, streams, or other critical water
resource areas;
h. Appropriate best management practices set forth in this Chapter;
and
i. Other information as required by the City based on specific project
characteristics.
(2) For all subdivisions and commercial or industrial sites in which land
disturbance activities will impact 1 (one) or more acres; or fill or excavate over
100 cubic yards, whichever is more restrictive; or any other site if determined
appropriate by the City Engineer due to potential impacts to wetlands, lakes, or
sensitive receiving waters.
a. Grading plan. A grading plan shall be provided that clearly
indicates the proposed land disturbance activities. Both existing and
proposed topography shall be shown and have a m�imum contour
interval of two (2) feet. Drainage patterns shall be clearly shown using
arrows depicting direction of flow. Other information shall be shown as
required by the City based on specific project characteristics.
b. Phasing plan. A phasing plan shall be provided that cleaxly
indicates the areas in the order they are to be disturbed and restored. The
phasing plan shall consider minimization of area and duration of exposed
soil and unstable conditions, minimization of the disturbance of natural
. soil cover and vegetation, erosion and sediment control measure
installation, weather conditions and the schedule for temporary and
permanent restoration. The area and duration of each phase shall be
indicated on the plan.
c. Pond detail sheet. A pond detail sheet shall be provided for each
proposed storm water pond that shows detailed pond design including
normal water level, high water level, aquatic bench,maintenance bench,
outlet structures, emergency overflow locations and other project specific
data required by the City.
d. Standard detail sheet. A standard detail sheet shall be provided that
consists of applicable construction details for approved erosion and
sediment control measures as developed by the City. Other techniques
may be used upon prior approval by the City with details provided by the
designer.
e. Specifications. Written specifications for land disturbance
activities such as product descriptions, installation and maintenance
procedures required by the applicant to carry out the project in accordance
with this Chapter.
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f. Stormwater Pollution Prevention Plan as required under the
NPDES Storm Water Permit issued by the MPCA. The Stormwater
Pollution Prevention Plan shall consist of three components:
(i) Temporary erosion and sediment control plan: Indicate the
location of perimeter controls, construction fence, temporary
. sedimentation basins, inlet protection, areas to be seeded, areas to
be mulched or blanketed, location of construction waste control
(dumpsters, chemical storage, concrete washout,portable restroom
facilities, etc.) and all other required temporary erosion and
sediment control measures as described in section 79-9. This plan
shall also indicate staging of temporary erosion control measures.
(ii) Permanent erosion and sediment control plan: Indicates
areas to be seeded and sodded, sediment ponds, storm sewer
systems and all other required permanent erosion and sediment
control measures. Permanent storm water pollution controls
including, but not limited to ponds, vegetated buffers and structural
measures shall be designed and constructed in accordance with
other Chapters of the City Code and requirements of other agencies
having jurisdiction.
(iii) Narrative: Describes, at a minimum, the nature of
construction activity, person(s) responsible for inspection and
maintenance of site erosion and sediment control including contact
information,project phasing, schedules, along with the timing,
. installation and maintenance of erosion and sediment control
measures and specifications necessary to carry out the project.
(3) NPDES Permit Documentation: The property owner owner's agent shall
apply for and be issued a National Pollution Discharge Elimination System
(NPDES) general storm water permit from the Minnesota Pollution Control
Agency(MPCA); and shall submit to the City a copy of the MPCA Certificate of
Permit Coverage.
Sec. 79-8. Stormwater Pollution Prevention Plan Review Process.
(a) Process. For any subdivision, the Stormwater Pollution Prevention Plan shall be
submitted with the preliminary plat application. For all other applications, the Stormwater
Pollution Prevention Plan meeting the requirements of section 79-7 and minimum BMP
requirements of section 79-9 must be reviewed by the City Engineer or designated representative
who may approve, approve with conditions, or deny the Stormwater Pollution Prevention Plan
prior to any land disturbing activity on the site.
(b) Duration. Approval of a Stormwater Pollution Prevention Plan submitted under
the provisions of this article shall expire one (1) single year after the date of approval or
expiration of the permit, which ever is sooner, unless construction has commenced in accordance
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with the plan. However, if prior to the expiration of the approval, the applicant makes a written
request to the City for an extension of time to commence construction setting forth the reason for
the requested extension, the City Engineer may grant one extension of not more than one single
year. Receipt of any request for an extension shall be acknowledged by the City within fifteen
(15) days. The City shall make a decision on the extension within thirty(30) days of receipt.
Any plan may be revised in the same manner as originally approved.
(c) Conditions. A Stormwater Pollution Prevention Plan may be approved subject to
compliance with conditions reasonable and necessary to ensure that the requirements contained
in these regulations are met. Such conditions may, among other matters, limit the size,kind or
character of the proposed development, require replacement of vegetation, establish required
monitoring procedures, stage the work over time, or require alteration of the site design to ensure
buffering, and require the conveyance to the City or other public entity of certain lands or
interests therein. �
(d) Financial Security. The adequacy, conditions and acceptability of any financial
security shall be determined by the City.
Sec. 79-9. Minimum SWPPP Best Management Practices (BMPs).
(a) No Stormwater Pollution Prevention Plan that fails to meet the standards
contained in this section shall be approved by the City Council or designated representative.
(b) Site Dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl
concentrators or other appropriate controls as appropriate. All water from dewatering must be
discharged in a manner that does not cause nuisance conditions, erosion in receiving channels or �
on downslope properties, or inundation in wetlands causing significant adverse impact to the
wetland.
All discharge points must be adequately protected from erosion and scour. The discharge must
be dispersed over natural rock riprap, sand bags,plastic sheeting or other accepted energy
dissipation measures. Adequate sedimentation control measures are required for discharge water
that contains suspended solids.
(c) Construction Site Waste.
(1) Waste and Material Disposal: All waste, unused building material
(including garbage debris, cleaning wastes, wastewater, toxic materials or
hazardous materials), collected sediment, asphalt and concrete millings, floating
debris, paper, plastic, fabric, construction and demolition debris and other wastes
must be properly contained on site and disposed of off site, not allowed to be
carried by runoff into receiving channel or storage sewer system, and must
comply with MPCA disposal requirements.
(2) Hazardous Materials: Oil, gasoline,paint and any hazardous substances
must be properly stored, including secondary containment, to prevent spill, leaks
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or other discharge. Restricted access to storage areas must be provided to prevent
vandalism. Concrete wash must be limited to a defined area of the site and runoff
must be contained within the defined area. Storage and disposal of hazardous
waste must be in compliance with MPCA regulations.
(3) Liquid Waste: All non stormwater discharges (concrete truck washout,
vehicle washing,maintenance spills, etc.) conducted during the construction
activity must comply with the newest version of the state NPDES Permit.
(4) Sanitary Facilities; Adequate on-site sanitary facilities shall be provided in
convenient location(s) for all persons who work on the site.
(d) Tracking. Each site shall have graveled roads, access drives and parking areas of
sufficient width and length to prevent sediment from being tracked onto public or private
roadways. Any sediment reaching a public or private road shall be removed by street cleaning
before the end of each workday.
(e) Drain Inlet Protection. All storm drain inlets shall be protected during
construction with control measures as approved by the City. These devices shall remain in place
until final stabilization of the site. A regular inspection and maintenance plan shall be developed
and implemented to assure these devices are operational at all times.
(� Site Erosion Control.
(1) Channelized runoff from adjacent areas passing through the site shall be
diverted around disturbed areas, if practical. Diverted runoff shall be conveyed in
a manner that will not erode the conveyance at receiving channels. All temporary
or permanent drainage channels must be stabilized within 24 hours of being
connected to a Water of the State. Sediment control is required along channel
edges to reduce sediment reaching the channel.
(2) All activities on the site shall be conducted in a logical sequence to
minimize the area of bare soil exposed at any one time.
(3) All disturbed ground left inactive for fourteen (14) or more days must
have temporary or permanent stabilization year round.
(4) For sites with more than ten(10) acres disturbed at one time, or if a
channel originates in the disturbed area, one or more temporary or permanent
sedimentation basins shall be constructed. Each sedimentation basin shall have a
surface area of at least one percent of the area draining to the basin and at least
three feet of depth and constructed in accordance with accepted design
specifications. Sediment shall be removed to maintain a depth of three(3) feet.
The basin discharge rate shall also be sufficiently low as to not cause erosion
along the discharge channel or the receiving water.
(5) Perimeter sediment control measures shall be placed along all down
gradient perimeters of the site. If a channel or area of concentrated runoff passes
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through the site, perimeter sediment control measures shall be placed along the
channel edges to reduce sediment reaching the channel. All down gradient
perimeter sediment control measures must include a maintenance and inspection
schedule.
(6) Any soil or dirt storage piles containing more than ten (10) cubic yards of
material should not be located within twenty five (25) feet from a roadway or
drainage channel. If remaining for more than fourteen (14) days, they shall be
stabilized by mulching vegetative cover, tarps or other means and enclosed with
down gradient perimeter sediment controls. Piles which will be in existence for
less than fourteen (14) days shall be enclosed with perimeter sediment controls.
(7) Pipe outlets must have energy dissipation installed within twenty-four(24)
hours of connection to waters of the state.
(g) Inspections and Maintenance. The applicant shall be responsible for conducting
inspections and maintenance of all erosion and sediment control BMPs on site.
(1) Inspections, maintenance, and rainfall on site must be documented and
readily available for review. Inspections are required as followed:
a. Once every seven(7) days on exposed soil areas.
b. Within twenty-four(24) hours after a one half inch or greater rain
event over twenty-four(24) hours.
c. Once every thirty(30) days on stabilized areas.
d. As soon as runoff occurs or prior to resuming construction on
frozen ground. �
(2) Maintenance is required as follows:
a. When sediment reaches 1/3 the height of the BMP on perimeter
control devices, sediment must be removed within twenty-four(24) hours
of discovery.
b. If the perimeter control device is not functional it must be repaired
or replaced within twenty-four(24)hours of discovery.
c. Temporary sediment basins shall be maintained when sediment
reaches %z the outlet height or %2 the basin storage volume. Basins must be
drained or sediment removed within seventy-two (72)hours of discovery.
d. Sediment must be removed from paved surfaces within twenty-
four(24) hours of discovery.
(3) Erosion into Streets, Wetlands or Water Bodies._If eroded soils (including
tracked soils from construction activities) enter or appear likely to enter streets,
wetlands, or other water bodies, prevention strategies, cleanup and repair must be
immediate with the appropriate approvals from the DNR, MPCA, or any other
state, federal, or local agencies as necessary. The applicant shall provide all
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traffic control and flagging required to protect the traveling public during cleanup
operations.
(4) Erosion Off-Site. If erosion breaches the perimeter of the site, the
applicant shall immediately develop a cleanup and restoration plan, obtain right-
of-entry from the adjoining property owner and get appropriate approvals from all
state, federal, and local agencies as necessary. Then implement the cleanup and
restoration plan within forty-eight (48) hours of obtaining the adjoining property
owner's permission and approval from any appropriate state, federal, and local
agencies.
Sec. 79-10. Completion of Work.
Work will be considered complete when all exposed soil areas have undergone final
stabilization, as defined in section 79-5, is constructed to finish grade, and is in conformance
with all permit conditions of approval to the satisfaction of the City. The applicant or
representative shall notify the City when the land disturbing operations are ready for final
inspection. Final approval shall not be given until all work, including installation of all drainage
facilities and their protective devices, and all erosion control measures, have been completed and
final stabilization has occurred in accordance with this ordinance.
Sec. 79-11. Enforcement Process.
(a) Right of Entry: The applicant shall promptly allow the City and its authorized
representatives, upon presentation of credentials to:
(1) Enter upon the permitted site for the purpose of•obtaining information,
examination of records, conducting investigations, inspections or surveys.
(2) Bring such equipment upon the permitted site as is necessary to conduct
such surveys and investigations.
(3) Examine and copy any books,papers, records, or memoranda pertaining to
activities or records required to be kept under the terms and conditions of this
permitted site.
(4) Inspect the storm water pollution control measures.
(5) Sample and monitor any items or activities pertaining to storm water
pollution control measures.
(6) Require removal of any temporary or permanent obstruction to the safe
and easy access of such an inspection upon the inspector's request. The cost of
providing such access shall be born by the applicant.
(b) Letter of Warning: The City may inspect the project at any time to determine that
adequate construction site runoff control is being exercised in accordance with the provisions of
this Chapter or approved Stormwater Pollution Prevention Plan. If, based on the City inspection,
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the site is out of compliance with said provisions, the City will issue a letter of warning to the
permit holder outlining the areas of the site in noncompliance and specify a time period in which
corrections shall occur.
(c) Notice of Violation: If the corrective work is not completed and compliance with
the Plan has not occurred within the time period set forth in the letter of warning, the City will
issue a notice of violation which describes the type of penalty being issued to the applicant as
� described in section 79-12.
(d) Emergency Corrective Action: In the event circumstances exist such that
noncompliance poses an immediate danger to the public health, safety and welfare, as
determined by the City, the City may take emergency corrective action to prevent any such
danger. The City shall make a reasonable effort to contact and direct the owner of the subject
property to take any necessary action. Any costs incurred by the City in connection with any
emergency action may be recovered from the Applicant's financial security.
Sec. 79-12. Penalties. When an applicant fails to conform to any provision of this policy
within the time stipulated, the City may take the following actions:
(a) Issue a stop work order.
(b) Withhold the scheduling of building inspections.
(c) Withhold the issuance of a Certificate of Occupancy.
(d) Revoke any permit issued by the City to the applicant for the site in question or
any other of the applicant's sites within the City's jurisdiction.
� (e) Direct the correction of the deficiency by City forces or by a separate contract.
All costs incurred by the City in correcting erosion and sediment control deficiencies
must be reimbursed by the applicant.
(fl Action Against the Financial Security. If appropriate actions by the applicant
have not been completed within seven(7) days after notification by the city, the city may
act against the financial security if any of the conditions listed below exist. The city shall
use funds from this security to finance any corrective or remedial work undertaken by the
City or a contractor under contract to the City and to reimburse the City for all direct cost
incurred in the process of remedial work including,but not limited to, staff time,
consultant's time, and attorney's fees.
(1) The applicant ceases land disturbing activities andlor filling and
abandons the work site prior to completion of the City approved grading plan.
(2) The applicant fails to conform to any City approved grading plan and/or
Stormwater Pollution Prevention Plan as approved by the City, or related
supplementary instructions.
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(3) The techniques utilized under the Stormwater Pollution Prevention Plan
fail within one (1) year of installation.
(4) The applicant fails to reimburse the City for corrective action taken under
Section 79-12(e).
(5) Emergency action as described in Section 79-11(d).
(g) Any person, firm, or Corporation failing to comply with or violating any of these
regulations, shall be deemed guilty of a misdemeanor and subject to a fine or
imprisonment or both. All land use and building permits must be suspended until the
developer has corrected the violation. Each day that a separate violation exists constitute
a separate offense.
Sec. 79-13. Other controls.
In the event of any conflict between other ordinances adopted by the City Council, the
more restrictive standard prevails.
Sec. 79-14. Severability.
The provisions of this Chapter are severable. If any provision of this article or the
application thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this article which can be given effect without the invalid
provision or application.
Section 2. Effective date. This ordinance is effective immediately upon adoption and
publication according to law.
ADOPTED this 13`h day of A nn '1 , 2009, by the City Council of the City of
Orono.
By: cr�, � l��+�
J es. M. White
ATTEST:
�? �r�,�/.r-�
Linda S. Vee, City Clerk
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