A. Applicability:
1. All applicants for a city permit, subdivision approval, planned unit development, site plan approval, or administrative lot split shall be in compliance with the applicable erosion and sediment control and stormwater requirements of this chapter.
2. For all land disturbing activities and other construction activity disturbing more than five thousand (5,000) square feet of land, the applicant must prepare and submit an erosion and sediment control plan per subsection 9-5-6A of this chapter and be in compliance with the plans approved for the project.
3. For land disturbing activities, redevelopment activities, and other construction work meeting one or more of the following criteria, the applicant must prepare and submit a stormwater management plan as per subsection 9-5-6B of this chapter, and be in compliance with the plans approved for the project:
a. A cumulative total land disturbance of one-half acre (½-acre, or twenty-one thousand seven hundred and eighty (21,780) square feet) or more;
b. The addition of five thousand (5,000) square feet or more of impervious surface to a site where no previous stormwater management plan has been approved for accommodation of the additional impervious surface; or
c. The Maximum Impervious Surface Allowed for the zoning classification of a site is exceeded in accordance with the Bulk Standards contained within Title 10 - Zoning Regulations.
4. Private roads or driveways on slopes any part of which exceeds ten percent (10%) not part of a project requiring a stormwater management plan shall be in compliance with the erosion and sediment control design standards of this chapter.
5. Linear electric, telephone, cable television, utility lines or individual service connections to these utilities in excess of one thousand feet (1,000') in length shall be in compliance with the erosion and sediment control requirements of this chapter.
6. No land disturbing activities shall be permitted on steep slopes unless special arrangements and protective measures are developed as part of an erosion and sediment control plan, and approved by the city.
7. Harvesting or removal of silvicultural (forestry) crops shall be in compliance with an erosion and sediment control plan approved for the project and follow the guidelines set forth by the Minnesota forest resources council's publication "Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest Management Guidelines For Landowners, Loggers And Resource Managers" (1999), Minnesota forest resources council, St. Paul, Minnesota.
8. No building permit shall be issued, nor shall a subdivision be approved, until the erosion control plan and/or stormwater management plan has been approved as applicable or a waiver of these requirements has been obtained in conformance with the provisions of this chapter.
9. Any project impacting wetlands within the city must follow and meet the requirements of the wetland conservation act and the additional requirements in the city's northwest area stormwater plan.
10. All projects shall protect, preserve and use natural surface and ground water storage and retention systems.
B. Compliance With Other Plans Or Regulations: In the event that any provision of this chapter conflicts with any other applicable plan or regulation, the more restrictive regulation shall apply.
C. Joint Responsibility: The owner and the general contractor shall both be identified on the stormwater management plan.
D. Exemptions: The provisions of this chapter do not apply to:
1. Cemetery graves;
2. 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;
3. Any currently valid building permit, preliminary plat, land alteration permit, or public improvement project approved prior to the effective date hereof;
4. Stormwater management requirements shall not apply to construction on individual lots within a residential subdivision previously approved by the city, provided the activity complies with the original common plan of development;
5. Installation of fence, sign, telephone, and electric poles, except as in subsection A5 of this section;
6. Any part of a subdivision if a plat for the subdivision has been approved by the city on or before the effective date hereof;
7. Drain tiling, tilling, planting, or harvesting of agricultural or horticultural crops except as specifically identified and such activities shall implement SWCD and NRCS approved erosion control practices; and
8. All maintenance activities not considered fully reconstructed, such as routine maintenance, repairs, resurfacing, rehabilitation, and reconditioning activities of existing road, bridge, and highway systems which do not involve land disturbing activities outside of the existing surfaced roadway area, including curb and gutter.
E. NPDES General Stormwater Permit For Construction Activity: Land disturbing activities disturbing equal to or greater than one acre of land are required to obtain a Minnesota NPDES general stormwater permit for construction activity in addition to complying with requirements of the city.
F. NPDES Multisector General Permit For Industrial Activity: Facilities engaged in the activities defined in the permit are required to apply for permit coverage to the MPCA and follow the permit requirements applicable to the type(s) of industrial activity at the facility.
G. Owner Or Operator Changes: For stormwater discharges from construction activities where the owner or operator changes, the new owner or operator can implement the original plan created for the project, or develop and implement their own SWPPP. The new owner or operator must notify the director of public works of permit transfer/modification within seven (7) days of assuming control of the site or commencing work on site, or of the legal transfer, sale or closing on the property.
H. Waiver: The city council may waive any requirement of this chapter that is within the city's jurisdiction upon making a finding that compliance with the requirement will involve an unnecessary hardship and the waiver of such requirement will not adversely affect the standards and requirements set forth. The city council may require, as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct as may be necessary to adequately meet said standards and requirements. (Ord. 1326, 11-28-2016; amd. Ord. 1435, - -2022)