For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person or group that applies for a building permit, subdivision approval, zoning change, approach, excavation or special use permit, storm water plan approval or any other permit which allows land-disturbing activities.
BEST MANAGEMENT PRACTICES (BMP). Erosion 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 construction-phasing, minimizing the length of time soil areas are exposed, prohibitions and other management practices published by federal, state or designated area-wide planning agencies.
BMPs. Measures designed to:
(1) Prevent pollutants from leaving a specific area;
(2) Reduce/eliminate the introduction of pollutants;
(3) Protect sensitive areas; or
(4) Prevent the interaction between precipitation and pollutants.
BUFFER.
(1) The buffer strip begins at the ordinary high water mark for wetlands and the top of the bank of the channel for rivers and streams. This start point corresponds to the State Department of Natural Resources’ definition of a “shoreline” in Minn. Rules part 6115.0030 or as may be amended from time to time.
(2) A protective vegetated zone located adjacent to a natural resource, such as a water of the state that is subject to direct or indirect human alteration. Such a buffer strip is an integral part of protecting an aquatic ecosystem through trapping sheet erosion, filtering pollutants, reducing channel erosion and providing adjacent habitat.
CITY. The City of Fergus Falls or the City Council of the City of Fergus Falls.
CITY ENGINEER. The City Engineer of the City of Fergus Falls or authorized agent. The CITY ENGINEER may require a third party Engineer’s service at the applicant’s expense.
COMMON PLAN OF DEVELOPMENT OR SALE. A contiguous area where multiple separate and distinct land-disturbing activities may be taking place at different times, or on different schedules, but under one proposed plan. This item is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur.
CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution. See also BMPs (BEST MANAGEMENT PRACTICES).
COUNCIL. The City Council of the City of Fergus Falls.
DETENTION FACILITY. A natural or human-made structure, including wetlands, used for the temporary storage of runoff and which may contain a permanent pool of water or may be dry during times of no runoff.
DEVELOPMENT. Any land-disturbance activity that changes the site’s runoff characteristics in conjunction with residential, commercial, industrial or institutional construction or alteration.
DEVELOPER. A person, firm, corporation, sole proprietorship, partnership, federal or state agency, or political subdivision thereof engaged in a land-disturbance and/or land development activity.
DISCHARGE. The release, conveyance, channeling, runoff or drainage of storm water, including snowmelt.
DRAINAGE EASEMENT. A right to use the land of another for a specific purpose, such as a right-of-way for the movement of water across or under the land surface or the storage of water.
DRAINAGE SYSTEM. Local drainage system.
EROSION. Removing the surface of the land by the action of water, wind, ice or gravity. EROSION can be accelerated by the activities of humans and nature.
EROSION CONTROL. Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing.
EROSION AND SEDIMENT CONTROL PLAN (E&S CONTROL PLAN). A written description and/or plan indicating the number, locations, sizes and other pertinent information about best management practice methods designed to reduce erosion of the land surface and the deposition of sediment within a waterway. An E&S CONTROL PLAN is required as part of a storm water management plan. Both the storm water management plan and E&S CONTROL PLANS are used in developing the state-mandated storm water pollution prevention plan (SWPPP). An E&S CONTROL PLAN may be required for certain projects not requiring a full storm water management plan, as outlined in this subchapter or determined necessary by the City Engineer.
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 temporary stockpiles or surcharge areas of clean sand, gravel, concrete or bituminous, which have less stringent protection. 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 (evenly distributed - e.g., without large bare areas) perennial vegetative cover with a density of 70% of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed. Simply sowing grass seed is not considered FINAL STABILIZATION. Where agricultural land is involved, such as when pipelines are built on crop or rangeland, FINAL STABILIZATION constitutes returning the land to its preconstruction agricultural use.
HYDRIC SOILS. Soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile.
HYDROPHYTIC VEGETATION. Macrophytic (large enough to be observed by the naked eye) plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERVIOUS AREA. A constructed hard surface 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 existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas and concrete, asphalt or gravel parking lots and roads.
LAND DEVELOPMENT ACTIVITY. The act of subdivision or platting properties for personal use, adding value or for the purposes of resale. This includes the construction and/or demolition of buildings, structures, roads, parking lots, paved storage areas and similar facilities.
LAND-DISTURBING ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the city’s jurisdiction, including construction, clearing and grubbing, grading, excavating, transporting and filling of land. Within the context of this subchapter, LAND-DISTURBANCE ACTIVITY does not mean:
(1) MINOR LAND-DISTURBANCE ACTIVITIES such as home gardens and an individual’s home landscaping, repairs and maintenance work, which will not result in sediments entering the storm water system;
(2) Additions or modifications to existing single-family structures that result in creating under 5,000 square feet of exposed soil or impervious surface and will not result in sediments entering the storm water system;
(3) Construction, installation, and maintenance of trees, fences, signs, posts, poles and electric, telephone, cable television, utility lines or individual service connections to these utilities, which result in creating under 5,000 square feet of exposed soil or impervious surface and will not result in sediments entering the storm water system;
(4) Tilling, planting or harvesting of agricultural, horticultural or silvicultural (forestry) crops; and/or
(5) 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 such 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.
LANDOWNER. Any person holding title to or having a divided or undivided interest in land.
LOCAL DETENTION. Detention intended to serve only the developing area in question and no areas outside of the development boundaries. As such, it is under the control of one owner or group of owners. This is also known as ON-SITE DETENTION.
LOCAL DRAINAGE SYSTEM. The storm drainage system which transports the minor and major storm water runoff to the major storm water system serving only the property within the development boundaries, under the control of one owner or group of owners. This is also known as the ON-SITE DRAINAGE SYSTEM.
MANAGEMENT PRACTICE. A practice or combination of practices to control erosion and water quality degradation.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances and structural stormwater BMPs (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains) owned or operated by the city, designed or used for collecting or conveying stormwater, and not used for collection or conveying wastewater that discharges to waters of the country.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER PERMIT. Any permit or requirement enforced pursuant to the Clean Water Act, being 33 U.S.C. §§ 1251 et seq., as amended, for the purposes of regulating storm water discharge.
NATIONWIDE URBAN RUNOFF PROGRAM (NURP). An urban runoff study by the United States Environmental Protection Agency.
NATURAL WATER. A river, stream, pond, channel or ditch.
NON-COMPLIANCE FEE. The administrative penalty, or fee, for re-inspection of a property which may be assessed to a permittee, land owner, developer or their contractor(s) for non-compliance with the provisions and/or conditions of an approved storm water plan and/or permit or the violation of any other provisions contained in this subchapter.
ON-SITE DETENTION. Local detention system.
OUTLET. Any discharge point, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface water or ground water.
OWNER or OCCUPANT. Any person owning or using a lot, parcel of land or premises connected to and discharging storm water into the storm water system of the city, and who pays for and is legally responsible for the payment of storm water rates or charges made against the lot, parcel of land, building or premises, if connected to the storm water system or who would pay or be legally responsible for such payment.
PERMANENT CONSTRUCTED DEVELOPMENT PERMANENT FACILITIES. Those features of a storm water management plan which are part of any natural or constructed storm water system that requires periodic maintenance to retain their operational capabilities. This includes, but is not limited to, storm sewers, infiltration areas, detention areas, channels, streets and the like.
PERMANENT COVER. Final stabilization. Examples include grass, gravel, asphalt and concrete. See also the definition of FINAL STABILIZATION. Any buildings, structures, landscaping and related features as part of a development project approved for construction or constructed prior to the passage of this subchapter.
PERMIT. Within the context of this rule, a PERMIT is a written warrant or license granted for construction, subdivision approval or to allow land-disturbing activities.
PERMITTEE. Any person who applies for and receives approval of a storm water plan and/or permit from the city and/or state.
PERSON. Any developer, individual, firm, corporation, partnership, franchise, association, owner, occupant of property or agency, either public or private.
PROHIBITED DISCHARGE.
(1) A non-storm water discharge into the storm water system or a natural water, including, but not limited to:
(a) Debris or other materials such as grass clippings, vegetative materials, tree branches, earth fill, rocks, concrete chunks, metal, other demolition or construction materials or structures;
(b) The disposal or misuse of chemicals or any other materials that would degrade the quality of waters within the system, including, but not limited to, chemicals (fertilizers, herbicides, pesticides and the like) or petroleum based products (gasoline, oil, fuels, solvents, paints and the like);
(c) Erosion and sediment originating from a property and deposited onto city streets, private properties or into the storm water conveyance system, including those areas not specifically covered under an approved storm water management plan or storm water permit; and
(d) Failure to remove sediments transported or tracked onto city streets by vehicles or construction traffic within 24 hours of it being deposited on the street.
(2) For the purposes of this section, PROHIBITED DISCHARGES do not include the following, unless information is available to indicate otherwise:
(a) Water line flushing;
(b) Landscape irrigation;
(c) Diverted stream flows;
(d) Rising ground water;
(e) Uncontaminated ground water infiltration;
(f) Uncontaminated pumped ground water;
(g) Discharges from potable water sources;
(h) Foundation drains;
(i) Air conditioning condensate;
(j) Irrigation water;
(k) Springs;
(l) Water from crawl space pumps;
(m) Footing drains;
(n) Lawn watering;
(o) Individual residential car washing;
(p) Flows from riparian habitats and wetlands;
(q) De-chlorinated swimming pool discharges; and
(r) Street wash water.
PUBLIC STORM SEWER. A storm sewer located entirely within publicly-owned land or easements.
REGIONAL DETENTION. Detention facilities provided to serve an area outside the development boundaries.
RETENTION FACILITY. A natural or human-made structure that provides for the storage of all or a portion of storm water runoff.
RUNOFF. The rainfall, snowmelt, dewatering or irrigation water flowing over the grounds surface and into open channels, underground storm sewers and detention or retention ponds.
SEDIMENT. Solid material or organic material that, in suspension, is being transported or has been moved by air, water, gravity or ice, and deposited at another location.
SEDIMENT CONTROL. The methods employed to prevent sediment from leaving the development site. Examples of SEDIMENT CONTROL practices include, but are not limited to, silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection and temporary or permanent sedimentation basins.
SIGNIFICANT REDEVELOPMENT. Alterations of a property that changes the footprint of a site or building in such a way that results in the disturbance of over one acre of land. This term is not intended to include activities, which would not be expected to cause adverse storm water quality impacts and offer no new opportunity for storm water controls, such as exterior remodeling.
SITE. The entire area included in the legal description of the parcel or other land division on which the land development or land-disturbing activity is proposed in the storm water plan or permit application.
STABILIZE. To make the site steadfast or firm, minimizing soil movement by mulching and seeding, sodding, landscaping, placing concrete, gravel or other measures.
STABILIZED. The exposed ground surface after it has been covered by sod, erosion control blanket, riprap, pavement or other material that prevents erosion. Simply sowing grass seed is not considered STABILIZATION. Ground surfaces may be temporarily or permanently STABILIZED. (Also, see FINAL STABILIZATION.)
STATE. The State of Minnesota.
STORM SEWER. A pipe or conduit for carrying storm waters, surface runoff and drainage, excluding sewage and industrial wastes.
STORM WATER. Precipitation runoff, storm water runoff, snow melt runoff and any other surface runoff and drainage. STORM WATER does not include construction site dewatering.
STORM WATER DEPRESSED DETENTION. Temporary storage of storm water runoff in ponds, parking lots, grassy areas, rooftops, buried underground tanks and the like, for future or controlled release. Used to delay and attenuate flow.
STORM WATER MANAGEMENT. The planned set of public policies and activities undertaken to regulate runoff and reduce erosion, and maintain or improve water quality under various specified conditions within various portions of the drainage system. It may establish criteria for controlling peak flows and/or runoff volumes, for runoff detention and retention, or for pollution control, and may specify criteria for the relative elevations among various elements of the drainage system. STORM WATER MANAGEMENT is primarily concerned with limiting future flood damages and environmental impacts due to development, whereas flood control aims at reducing the extent of flooding that occurs under current conditions.
STORM WATER MANAGEMENT CRITERIA. Specific guidance provided to the engineer/ designer to carry out drainage and storm water management policies. An example might be the specification of local design hydrology and use of the design storm.
STORM WATER MANAGEMENT SYSTEM. Physical facilities that collect, store, convey and treat storm water runoff in urban areas. These facilities normally include detention and retention facilities, streets, storm sewers, inlets, open channels and special structures, such as inlets, manholes and energy dissipaters.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP). A joint storm water and erosion and sediment control plan that is written as a prerequisite to obtaining an NPDES storm water permit for construction activity, that when implemented will decrease soil erosion on a parcel of land and off-site non-point pollution. It involves both temporary and permanent controls. The SWPPP, which draws its information from a storm water management plan and is typically condensed, must be incorporated into the construction grading plans for the project.
STORM WATER RETENTION STRUCTURE. Storage designed to eliminate or reduce the frequency of subsequent surface discharge. Wet ponds are the most common type of retention storage (though wet ponds may also be used for detention storage). Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots and paved storage areas.
SUBDIVISION. Any tract of land divided into building lots for private, public, commercial, industrial and the like development for the purpose of sale, rent or lease, including planned unit development.
SYSTEM CHARGE OR ASSESSMENT. A charge for connecting an outlet to a regional storm water management facility, typically a pond. The charge is normally assessed to recover the proportional cost of constructing a regional pond or storm water treatment facility.
TEMPORARY PROTECTION. Short-term methods employed to prevent erosion. Examples of such protection are straw, mulch, erosion control blankets, wood chips and erosion netting.
UNDEVELOPED LAND. Land that in its current state has not been impacted by significant land- disturbance activities, annexed into the city or subdivided into multiple ownership lots and is typically zoned agricultural.
URBAN AREA. Land associated with, or part of, a defined city or town.
USER. Any person who discharges, causes or permits the discharge of storm water into the city’s storm water management system.
VIOLATION. The willful or negligent act of non-compliance with the conditions attached to an approved storm water plan and/or permit, or any other provisions contained in this subchapter, subject to enforcement and penalty or non-compliance fees.
WATERCOURSE. The natural path for the flow of water where there is sufficient natural and accustomed runoff to form and maintain a distinct and defined channel or an open channel facility that has been constructed for such purpose. This shall include any easements obtained for the purposes of runoff conveyance.
WATERS OF THE STATE. 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.
WATERSHED MASTER PLAN. A plan that an engineer/designer formulates to manage urban storm water runoff for a particular project or drainage area. It typically addresses such subjects as characterization of the existing and future site development, land use and grading plan, peak rates of runoff, flow duration, runoff volumes for various return frequencies, locations, criteria and sizes of detention or retention ponds and conveyances; runoff control features; land parcels, easement locations, opinions of probable costs, measures to enhance runoff quality, salient regulations and how the plan addresses them and consistency with secondary objectives such as public recreation, aesthetics, public safety and ground water recharge. It may be submitted to regulatory officials for their review for adoption.
WET POND or WET DETENTION FACILITY. A retention facility which includes a permanent pool of water used for the purposes of providing for the treatment of storm water runoff.
WETLANDS. Lands that transition between terrestrial and aquatic systems (excluding drainage ditch bottoms) 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) A predominance of hydric soils;
(2) Are inundated or saturated by the 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
(3) Under normal circumstances support the prevalence of the vegetation.
(2002 Code, § 3.94) (Ord. 109, Sixth Series, effective 6-25-2009; Ord. 24, Seventh Series, effective 5-23-2015; Ord. 31, Eighth Series, effective 12-11-2022)