For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When 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.
APPLICANT. Any person or persons, firm, or governmental agency or other institution that signs a permit application submitted to the city.
BEST MANAGEMENT PRACTICE (BMP). Erosion prevention and sediment control, and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing the 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.
DEWATERING. The removal of surface or ground water to dry and/or solidify a construction site to enable construction activity. DEWATERING may require a Minnesota Department of Natural Resources water appropriation permit and, if dewatering is contaminated, a discharge of such water may require an individual MPCA NPDES/SDS permit.
DISCHARGE. The release, conveyance, channeling, runoff or drainage of storm water, including snowmelt, from a construction site.
EROSION. The wearing down or washing away of the soil and land surface by the action of wind, water, gravity, ice or a combination thereof.
EXPOSED SOIL AREAS. All areas of the construction site where the vegetation (trees, shrubs, brush, grasses and the like) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. It does not include stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is exposed, it is considered EXPOSED SOIL until it meets the definition of "final stabilization".
FINAL STABILIZATION. All soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover of at least 70% of the expected final vegetative growth density or other permanent cover has been established over the entire pervious surfaces.
ISSUING AUTHORITY. A city employee or authorized designee who has the authority over application reviews, inspection, determinations of compliance, enforcement actions and other matters, as it relates to this chapter.
LAND DISTURBING ACTIVITY. Any disturbance to the land that results in a change of the existing soil cover, both vegetative and nonvegetative, creates bare soil, alters hydrology, or may cause erosion or sedimentation. Such activities include, but are not limited to, clearing, stripping, grubbing, excavating, filling, grading, logging, storing of materials, and the construction of any structure.
PERENNIAL VEGETATION. Grass or other appropriate natural growing vegetation that provides substantial land cover, erosion protection and soil stability and that is capable of sustained and healthy growth over multiple years. Annual grasses that do not regenerate after winter, ornamental plants or shrubs that do not offer effective erosion and sediment protection shall not be considered PERENNIAL VEGETATION.
PERMANENT COVER. Surface types that will prevent soil failure under erosive conditions. Examples include: concrete, perennial vegetation, or other landscaped material that will permanently arrest soil erosion. Permittees must establish a uniform perennial vegetative cover (i.e., evenly distributed, without large bare areas) with a density of 70% of the native background vegetative cover on all areas not covered by permanent structures, or equivalent permanent stabilization measures. PERMANENT COVER does not include temporary BMPs such as wood fiber blanket, mulch, and rolled erosion control products.
PERMIT. Written warrant or license granted for construction, subdivision approval, or to allow land disturbing activities.
PERMIT HOLDER. Person or persons, firm, or governmental agency or other institution that is issued a permit and is responsible for compliance with the terms and conditions of this chapter.
PERSON. Any individual, firm, corporation, partnership, franchise, association or governmental entity.
PUBLIC WATERS. All water basins and water courses, as defined in M.S. § 103G.005, Subd. 15, as it may be amended from time to time.
SEDIMENT. Solid matter carried by water, sewage or other liquids.
STORM SEWER SYSTEM. Any conveyance or system of conveyances for storm water, including road with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made channels, ponds, or storm drains.
STORM WATER. Water that is generated by rainfall or snowmelt which causes runoff.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP). A plan for stormwater discharge that includes all required content under § 151.07 that describes the erosion prevention, sediment control and waste control BMPs.
STRUCTURE. Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, paved storage areas, fences and retaining walls.
WATERS OF THE STATE. As defined in M.S. § 115.01, Subd. 22, the term WATERS OF THE STATE means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
WETLANDS. As defined in Minn. Rules 7050.0186, Subd. 1a.B, the term WETLANDS means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and 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 such vegetation.
(Ord. 2005-04, passed 3-22-2005; Ord. 2020-09, passed 4-14-2020)