(A) Statutory authorization. This chapter is adopted pursuant to M.S. §§ 462.351 to 462.364, as it may be amended from time to time.
(B) Findings. The city hereby finds that uncontrolled and inadequate planned use of wetlands, woodlands, natural habitat areas, areas subject to soil erosion and areas containing restrictive soils adversely affects the public health, safety, and general welfare by impacting water quality and contributing to other environmental problems, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the city to provide adequate water, sewage, flood control, and other community services. In addition, extraordinary public expenditures may be required for the protection of persons and property in areas which may be affected by unplanned land use.
(C) Purpose. The purpose of this chapter is to promote, preserve, and enhance the natural resources within the city and protect them from adverse effects caused 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 unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land disturbing and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land disturbing or development activities proposed for the areas, thereby achieving a balance between urban growth and development.
(D) Applicability. Every applicant applying for a permit to allow land disturbing activities of one acre or greater must submit a stormwater management plan to the City Engineer. No building permit, subdivision approval, or development permit to allow land disturbing activities may be issued for that site until approval of the stormwater management plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this chapter.
(E) 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 on or before the effective date of this chapter;
(2) A lot for which a building permit has been approved;
(3) Installation of fence, sign, telephone, cable television, fiber optic cable, electric poles, and other kinds of posts or poles, utility lines, or service connections to these utilities which result in creating under 5,000 square feet of exposed soil; and
(4) Emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have otherwise required an approved erosion and sediment control plan, except for the emergency. If a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the city’s requirements as soon as possible.
(Ord. 2011-06-07A, passed 6-7-2011)