For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
100-YEAR HIGH WATER LEVEL or HIGH WATER LEVEL (HWL). The high water level for water bodies within the city for stormwater management based on the 1% probability 24-hour rainfall event.
APPLICANT. Any person or entity who is required to submit and implement a city-approved natural resources management plan under this chapter.
BEST MANAGEMENT PRACTICES or BMP. Techniques, procedures, activities, methods and requirements, whether through practices or structural means, to effectively prevent or reduce: the degradation of natural resources; the movement of sediment, pollutants or nutrients from land surfaces; and the runoff of the same into water bodies.
BUFFER ZONE or PROTECTIVE BUFFER ZONE. The area between a line delineating a water body edge and a line upland from the water body edge established for the purpose of protecting and preserving the water quality of the water body. The width of the buffer zone shall be as set forth in these regulations.
CALIPER INCHES. The length of a straight line measured through the trunk of a tree 12 inches above the ground.
CANOPY OF A TREE. The horizontal extension of a tree’s branches in all directions from its trunk.
CRITICAL ROOT ZONE OF A TREE. The area under a tree which is at and within the drip line of a tree’s canopy or a distance of one and one-half feet from the trunk for each inch of the diameter of the tree, measured at breast height, whichever is greater.
DIAMETER. A tree’s trunk as measured 4½ feet above the ground, wherever this term is used in reference to the measurement of a tree.
DRIP LINE OF A TREE. An imaginary vertical line which extends from the outermost branches of a tree’s canopy to the ground.
HAZARD TREE. A tree which has structural defects in the roots, stem, or branches that may cause the tree or tree part to fail, and such failure may cause property damage or personal injury.
ILLICIT DISCHARGE. Any discharge to the city’s storm sewer that is not composed entirely of storm water except discharges pursuant to an NPDES permit (other than the NPDES permit for discharges from the city’s storm sewer) and discharges resulting from fire fighting activities.
INDIVIDUAL LOT DEVELOPMENT. The grading of individually platted lots for the purposes of new building construction.
LAND or PARCEL OF LAND OF SUBJECT PROPERTY or SUBJECT PROPERTY. An entire lot or parcel, as defined by the zoning regulations of this code, on or within the boundaries of which a project subject to the requirements of this chapter is occurring, has occurred or is to occur.
LAND-DISTURBING ACTIVITY.
(1) Any excavating, grading, clearing, filling or other earth change which may result in:
(a) The movement of more than 20 cubic yards of soil;
(b) Disturbance of 3,500 square feet or more of soil;
(c) Any cutting, removal, destroying or loss of 10% or more of the significant trees of any land;
(d) Any other activity that changes the existing or natural contour of the land which changes drainage; or
(e) The movement or disturbance of more than ten cubic feet on a steep slope, within a bluff impact zone, or within a shore impact zone located within a Shoreland Overlay District.
(2) For purposes of this chapter, excavation or grading for agricultural purposes on agriculturally zoned property shall not constitute land-disturbing activity provided the activity is no closer than 16.5 feet from any delineated edge of any water body.
LOSS OF SIGNIFICANT TREES. The loss of a significant healthy tree as a result of:
(1) Land-disturbing activity, whether temporary or permanent, affecting 50% or more of a significant tree’s critical root zone, but no more than 30% of a significant oak tree’s critical root zone;
(2) Utility construction (such as sewer, water, storm sewer, gas, electric, telephone and cable TV and trenching) resulting in the cutting of 50% or more of a significant tree’s roots within the critical root zone, but no more than 30% of a significant oak tree’s critical root zone;
(3) Mechanical injury to the trunk of a significant tree causing critical loss of the bark, which may result in tree decline; or
(4) Compaction to 90% of proctor to a depth of six inches, or more, of 50% or more of the surface of the soil within a significant tree’s critical root zone, provided no more than 30% of the surface of the soil within a significant oak tree’s critical root zone.
NATIVE PLANT. A plant which has its original source no further than 300 miles for trees and shrubs or 200 miles for all other plants from the site of planting. A NATIVE PLANT does not include a cultivar derived from native plants.
NATURAL RESOURCES MANAGEMENT PLAN. Required general information, an erosion and sedimentation control component, tree preservation component, protective buffer zone component, and drainage and grading component.
NEW BUILDING CONSTRUCTION. The construction of any principle building or structure upon a parcel of land or platted lot.
NEW DEVELOPMENT. The process whereby improvement to an entire site occurs in one continuous process or in more than one distinct phase, including but not limited to the following activities: initial site grading, installation of utilities, construction of public streets, construction or grading of drainage ways, other grading or filling of any area within the site, grading of building pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas or private streets and any other construction or land-disturbing activity within the subject property or site.
OPERATIONAL PLAN. A plan adopted by the city or any other governmental agency with regulatory authority that governs the use or management of lands within the city, including, but not limited to: TMDL implementation plans, stormwater management plans, comprehensive guide plans, surface water management plans, lake management plans, watershed management plans, wetland management plans, forest management plans. In the event that any provision of this chapter is contrary to any regulation of an operational plan, the provision of this chapter shall apply and govern.
PROJECT APPLICATION or APPLICATION. The applicant’s submission of all required documentation for approval of any activity requiring a permit as required in this code.
PROJECT MANAGER. The applicant or the applicant’s duly authorized representative who has been conferred the duties by the applicant to implement, complete and manage the project to which the approved natural resources management plan applies under this chapter.
SIGNIFICANT TREE. Any healthy deciduous tree measuring eight inches or greater in diameter, or any coniferous tree measuring six inches or greater in diameter, at four and one-half feet above grade.
STABILIZED or STABILIZATION. The process or condition of land surface maintenance whereby permanent ground cover is established on a property in order that erosion is effectively prevented.
WATER BODY (BODIES). Any natural or man-made wetland, drainage or storm water area, stream or lake.
WATER BODY EDGE.
(1) For public waters: the ordinary high water elevation (OHW) as established for the water body by the Minnesota Department of Natural Resources.
(2) For wetlands: the line delineated pursuant the methods for delineation as set forth in Minnesota Rules, Part 8420.
(3) For man-made water bodies: the normal or control water level pursuant to the design specifications as approved by the city.
(4) In the event that a water body has more than one of the above water body designations, the water body edge shall be determined by that method that produces the highest elevation or largest water body size.
WETLAND. Any wetland as defined in M.S. Ch. 103G and the delineation thereof shall be in accordance with Minnesota Rules, Part 8420.
(Ord. 633, passed 10-9-97; Am. Ord. 712, passed 4-25-02; Am. Ord. 864, passed 6-11-09; Am. Ord. 1103, passed 11-23-21)