For the purposes of this Chapter, the following terms, phrases, words, and their derivatives shall have the meaning stated below. Whenever any terms, phrases, words, and their derivatives used herein are not defined herein, but are defined elsewhere in this City Code or in the state laws or regulations, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context clearly requires otherwise. When not 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.
A. "Applicant" means: Any person who wishes to obtain a building permit, zoning permit, excavation permit, filling permit, mining permit, sign permit, wetlands activities permit, plat approval, minor subdivision approval, or permit for construction of utilities systems.
B. "Best Management Practices (BMPs)" means: Measures taken to minimize the negative effects on water resources and systems as referenced in the Minnesota Construction Site Erosion and Sediment Control Planning Handbook (BWSR, 1988), Protecting Water Quality in Urban Areas (MPCA, 1989) and the Minnesota Stormwater Manual (MPCA, 2006) or similar guidance documents.
C. "Control measure" means: A practice or combination of practices to control erosion and attendant pollution.
D. "Detention facility" means: A permanent natural or man-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water.
E. "Emergency Overflow (EOF)" means: A primary overflow to pass flows above the design capacity around the principal outlet in the direction of an existing drainage and utility easement or in a direction that does not adversely impact adjacent and downstream properties.
F. "Evacuation" means: The displacement or removal of soil, sediment, or other material.
G. "Flood fringe" means: The portion of the floodplain outside of the floodway.
H. "Floodplain" means: The areas adjoining a watercourse or water basin that have been or may be covered by a regional flood.
I. "Floodway" means: The channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplains that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood.
J. "Hydric soils" means: Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
K. "Hydrophytic vegetation" means: Macrophytic plant life growing in water, soil or on a substrate that is a least periodically deficient in oxygen as a result of excessive water content.
L. "Impervious Surface" means: A compacted surface or a surface covered with material (i.e., gravel, asphalt, concrete, Class 5, etc.) that increases the depth of runoff compared to natural soils and land cover. Including but not limited to roads, driveways, parking areas, sidewalks and trails, patios, tennis courts, basketball courts, swimming pools, building roofs, covered decks, and other structures.
M. "Land disturbing or development activities" means: Any disturbance to the ground surface that, through the action of wind or water, may result in soil erosion or the movement of sediment into waters, wetlands or storm sewers or onto adjacent property. Land-disturbing activity includes but is not limited to the demolition of a structure or surface, soil stripping, clearing, grubbing, grading, excavating, filling and the storage of soil or earth materials. The term does not include normal farming practices as part of an ongoing farming operation.
N. "Low Entry Elevation" means: The elevation of the lowest opening in a structure.
O. "Low Floor Elevation" means: The elevation of the lowest floor of a habitable or uninhabitable structure, which is often the elevation of the basement floor or walk-out level.
P. "NPDES Permit" means: General permit authorization to discharge storm water associated with construction activity under the National Pollutant Discharge Elimination System (NPDES), issued by the Minnesota Pollution Control Agency.
Q. "NURP" means: National Urban Runoff Program, study of urban stormwater pollution, Environmental Protection Agency (EPA), 1979 to 1983.
R. "Person" means: Any individual, firm, corporation, franchise, association or government entity.
S. "Pollutant" means: Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result form constructing a building or structure; and noxious or offensive matter of any kind.
T. "Public waters" means: Waters of the State as defined in Minn. Stat., § 103G.005, Subdivision 15, as amended.
U. "Public Waters Wetlands" means: All wetlands identified as public waters wetlands under Minnesota Statutes section 103G.005, subdivision 15a.
V. "Regional flood" means: A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequently in the magnitude of a 100-year recurrence interval.
W. "Retention facility" means: A permanent natural or man-made structure that provides for the storage of storm water runoff by means of a permanent pool of water.
X. "Sediment" means: Solid matter carried by water, sewage, or other liquids.
Y. "Structure" means: Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structure, earthen structures, roads, parking lots, and paved storage areas.
Z. "Wetlands" means: Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes:
1. Have a predominance of hydric soils;
2. Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and under normal circumstances support a prevalence of such vegetation.
[§ 7D-300 amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-03, effective March 5, 2009; amended by Ord. No. 23-04, effective August 10, 2023.]