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HomeMy WebLinkAboutStormwater Management Criteria Text Amendment Sec.6.4.12 Stormwater ORDINANCE NO. ____ AN ORDINANCE CREATING SUBPARAGRAPH (e) OF PARAGRAPH (5) OF SECTION 6-4-12 OF CHAPTER 6-4 OF TITLE 6 OF THE ROCHESTER CODE OF ORDINANCES RELATING TO STORMWATER MANAGEMENT CRITERIA FOR PERMANENT FACILITIES AND BMPS. THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS: Section 1. Subparagraph (e) of Paragraph (5) of Section 6-4-12 of Chapter 6-4 of Title 6 of the Rochester Code is hereby created to read as follows: Sec. 6-4-12. – Stormwater management criteria for permanent facilities and BMPs. (5) Off-site water quality treatment. For non-linear projects, where the water quality volume cannot cost effectively be treated on the site of the original construction activity, the owners of the construction activity are required to identify locations where off-site treatment projects can be completed. If the entire water quality volume is not addressed on the site of the original construction activity, the remaining water quality volume must be addressed through off-site treatment and, at a minimum, ensure the requirements of the items below are met: a. The city engineer must ensure off-site treatment project areas are selected in the following order of preference: 1. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. 2. Locations within the same department of natural resource (DNR) catchment area as the original construction activity. 3. Locations in the next adjacent DNR catchment area up-stream. 4. Locations anywhere within the city's jurisdiction. b. Off-site treatment projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. c. Off-site treatment projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. d. Off-site treatment projects must be completed no later than 24 months after the start of the original construction activity. If the city engineer determines more time is needed to complete the treatment project, the reason(s) for the delays 1 and schedule(s) for completing the project must be provided in the annual report. e. Stormwater Water Quality Treatment Credit Transfer Program. 1. All off-site stormwater water quality treatment projects required or approved under this section must be implemented through the City's adopted Stormwater Water Quality Treatment Credit Transfer Program (Program) and comply with the Council-adopted Stormwater Water Quality Treatment Credit Transfer Policy (Policy), applicable implementation procedures, and state and federal regulatory requirements. 2. Transfer ratios. All SWQT credit transfers must apply the transfer ratios established in the Council-adopted Policy. The transfer ratio accounts for the location of the credit-generating site relative to the receiving development and requires additional treatment capacity to provide a net environmental benefit when compared with on-site treatment. The applicable transfer ratio shall be determined and applied in accordance with the Policy. 3. Stormwater water quality treatment agreements and associated credit transfers approved by the City before January 1, 2027 may continue under the terms and conditions of their original approvals, including any applicable transfer ratio. If a property is redeveloped or the stormwater treatment system is modified in a manner requiring new or amended stormwater approvals, the project must comply with the requirements of this section and the Policy. Section 2. This ordinance shall become effective from and after its publication. 2 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2026. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2026. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord25/Sec.6.4.12.5(e )Stormwater.docx 3