Words or phrases used in this chapter shall have the meanings as defined by Appendix B of the state’s construction stormwater permit No: MN R100001 (construction permit.) If not defined in the construction permit, then for the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words or phrases shall be interpreted so as to give this chapter its most reasonable application. For the purpose of this chapter, the words “must,” “shall” and “will” are mandatory and not permissive.
APPLICANT. The owner of land submitting an application under the provisions of this chapter for a stormwater management permit (SWMP) and/or Erosion and Sediment Control Plan (ESC Plan) to be issued by the community.
BEST MANAGEMENT PRACTICES (BMPS). The most effective and practicable means of erosion prevention and sediment control, and water quality management practices that are the most effective and practicable means to control, prevent and minimize degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, pollution prevention through good housekeeping, and other management practices published by state or designated area-wide planning agencies.
BETTER SITE DESIGN. The control and management of stormwater quantity and quality through the application of better site design techniques as outlined in the current version of the state’Stormwater Manual. BETTER SITE DESIGN includes: preservation of natural areas; site reforestation; stream and shoreland buffers; open space design; disconnection of impervious cover; rooftop disconnection; grass channels; stormwater landscaping; compost and amended soils; impervious surface reduction; and trout stream protection.
COMMON PLAN OF DEVELOPMENT OR SALE. A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. One plan is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur. Available at http://www.pca.state.mn.us/wfhya5b.
CONSTRUCTION ACTIVITY. Includes CONSTRUCTION ACTIVITY as defined in 40 C.F.R. § 122.26(b)(14)(x) and small construction activity as defined in 40 C.F.R. § 122.26(b)(15) and CONSTRUCTION ACTIVITY as defined by Minn. Rules part 7090.0080, subpart 4. This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of CONSTRUCTION ACTIVITY may include clearing, grading, filling and excavating. CONSTRUCTION ACTIVITY includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more. CONSTRUCTION ACTIVITY does not include a disturbance to the land of less than five acres for the purpose of routine maintenance that is performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility. (Note: The community may wish to change this to a smaller disturbance area. A smaller area is more restrictive than the state or federal requirements, so it would be allowable for a local government.)
DEVELOPMENT, NEW. Any development that results in the conversion of land that is currently prairie, agriculture, forest or meadow. Land that was previously developed, but now razed and vacant, will not be considered NEW DEVELOPMENT.
EROSION AND SEDIMENT CONTROL PLAN (ESC PLAN). A plan for projects disturbing less than one acre that is in compliance with the minimum requirements of the MSCWMO and VBWD. The plan identifies erosion prevention and sediment control practices, location and timelines for installation. The plan also includes responsible parties and timelines for inspection and maintenance.
EROSION PREVENTION. Measures employed to prevent erosion. Examples include but not limited to: soil stabilization practices; limited grading; mulch; temporary erosion protection or permanent cover; and construction phasing.
FULLY RECONSTRUCTED IMPERVIOUS SURFACE. Areas where impervious surfaces have been removed down to the underlying soils. Activities such as structure renovation, mill and overlay projects and pavement rehabilitation projects that do not alter underlying soil material beneath the structure, pavement or activity are not considered FULLY RECONSTRUCTED IMPERVIOUS SURFACES. Reusing the entire existing building foundation and re-roofing of an existing building are not considered fully reconstructed.
IMPERVIOUS SURFACE. A hard surface created by construction or usage, that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas and concrete, asphalt or gravel roads.
LAND DISTURBANCE. Any activity that result in a change or alteration in the existing ground cover (both vegetative and nonvegetative) and/or the existing soil topography. LAND DISTURBING ACTIVITIES include, but are not limited to, development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, stockpiling, excavation and borrow pits. Routine vegetation management and mill and overlay/resurfacing activities that do not alter the soil material beneath the pavement base, are not considered LAND DISTURBANCE. In addition, other maintenance activities such as catch basin and pipe repair/replacement, lighting and pedestrian ramp improvements shall not be considered LAND DISTURBANCE for the purposes of determining permanent stormwater management requirements.
LINEAR PROJECT. Construction or reconstruction of roads, trails, sidewalks and rail lines that are not part of a common plan of development or sale. Mill, overlay and other resurfacing projects are not considered to be reconstruction.
MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions or simple subdivisions including, but not limited to, subdivisions of four or more lots, or any size subdivision requiring any new street or extension of an existing street, or extension of the local government facilities, or the creation of any public improvements
MINOR SUBDIVISION. Any subdivision containing three or less lots fronting on an existing street, not part of a common plan of development nor involving any new street or road or the extension of municipal facilities.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring and enforcing permits under the Clean Water Act (§§ 301, 318, 402 and 405 and being 33 U.S.C. §§ 1311, 1328, 1342 and 1345).
OWNER. The person or party possessing the title of the land on which the construction activities will occur; or if the construction activity is for a lease, easement or mineral rights license holder, the party or individual identified as the lease, easement or mineral rights license holder; or the contracting government agency responsible for the construction activity.
PERMANENT COVER. Surface types that will prevent soil failure under erosive conditions. Examples include: gravel, asphalt, concrete, riprap, rooftops, perennial cover or other landscaped material that will permanently arrest soil erosion. A uniform perennial vegetative cover (e.g., evenly distributed, without large bare areas) with a density of 70% of the native background vegetative cover for the area must be established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures. PERMANENT COVER does not include the practices listed under temporary erosion protection.
PERMITTEE. A person or persons, firm or governmental agency or other entity that signs the application submitted to the city and is responsible for compliance with the terms and conditions of the permit.
PREDEVELOPMENT STATE. The rate and volume of stormwater is unchanged. The calculation of predevelopment is based on native soils and vegetation.
PUBLIC WATERS. All water basins and watercourses that are described in M.S. § 103G.005, subdivision 15, as it may be amended from time to time.
REDEVELOPMENT. Any development that is not considered new development.
RETAIN. Manage stormwater on site using a low-impact development approach so that the rate and volume of predevelopment stormwater reaching receiving waters is unchanged.
ST. CROIX RIVERWAY. All lands and public waters within the riverway boundary subject to the standards and criteria for the Lower Saint Croix National Scenic Riverway in the state.
SATURATED SOIL. The highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. SATURATED SOIL is evidenced by the presence of soil mottling associated with the presence of water or other information.
SEDIMENT CONTROL. Methods employed to prevent sediment from leaving the site. SEDIMENT CONTROL practices include: silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, bio rolls, rock logs, compost logs, storm drain inlet protection and temporary or permanent sedimentation basins.
STORMWATER FACILITY. A stationary and permanent BMP that is designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater.
SMALL CONSTRUCTION ACTIVITY. As defined in 40 C.F.R. § 122.26(b)(15). SMALL CONSTRUCTION ACTIVITIES include clearing, grading and excavating that result in land disturbance of equal to or greater than one acre and less than five acres. SMALL CONSTRUCTION ACTIVITY includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five acres.
STABILIZED. Exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, erosion control blanket, mats or other material that prevents erosion from occurring. Seeding alone, whether grass, agricultural crop or other seeding, is not stabilization. Mulch materials must achieve approximately 90% ground coverage (typically two ton/acre).
STORMWATER. As defined under Minn. Rules part 7077.0105, subpart 41b, and includes precipitation runoff, stormwater runoff, snowmelt runoff and any other surface runoff and drainage.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan for stormwater discharge that includes erosion prevention BMPs, sediment control BMPs and permanent stormwater management systems that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution.
SURFACE WATER(S). All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses and irrigation systems whether natural or artificial, public or private, except that SURFACE WATERS do not include treatment basins or ponds that were constructed from upland.
TEMPORARY EROSION PROTECTION. Methods employed to prevent erosion during construction activities. Examples of TEMPORARY EROSION PROTECTION include; straw, wood fiber blanket, wood chips, vegetation, mulch and rolled erosion control products.
UNDERGROUND WATERS (GROUNDWATER). Water contained below the surface of the earth in the saturated zone including, without limitation, all waters whether under confined, unconfined or perched conditions, in near surface unconsolidated sediment or in rock formations deeper underground. The term GROUNDWATER shall be synonymous with UNDERGROUND WATER.
WETLAND(S). As defined in Minn. Rules part 7050.0186, subpart 1a(B) and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. WETLANDS generally include swamps, marshes, bogs and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. WETLANDS must have the following attributes:
(1) A predominance of hydric soils;
(2) Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and
(3) Under normal circumstances support a prevalence of vegetation.
(Ord. 03-2017, passed 3-21-2017)