(A) Application required.
(1) Any person, or political subdivision, undertaking an activity for which a surface water management permit is required due land disturbing or development activities shall first submit to the City of Jordan for review; a surface water management permit application, design data, plans, specifications, and such other information and exhibits as required by these rules.
(2) The City of Jordan requires the submittal of the required stormwater pollution prevention plans (SWPPP) for review and comment for all new developments and redevelopments as early as possible in the sketch plan/concept plan review process prior to the site plan or preliminary plat approval process.
(3) In applying for a surface water management permit, the applicant consents to entry upon the land for field inspections and monitoring, or for performing any work necessary to bring the activity into compliance.
(B) Forms. A surface water management permit application shall be submitted on forms provided by the City of Jordan. Forms are available at the Jordan, City Hall.
(C) Action by the city. The City of Jordan shall approve or deny an application containing all required information, exhibits and fees, in accordance with M.S. § 15.99.
(D) Conditions.
(1) A surface water management permit may be approved subject to reasonable conditions to assure compliance with these rules and other applicable city ordinances, as amended. The conditions may include, but are not be limited to, a requirement that the permittee and property owner, including, if appropriate, any mortgagee, enter into an agreement with, and in a form acceptable to, the city to:
(a) Specify responsibility for the construction and future maintenance of approved surface water management structures,
(b) Document other continuing obligations of the permittee or owner,
(c) Grant reasonable access to the proper authorities for inspection, monitoring and enforcement purposes,
(d) Affirm that the city or other political subdivisions can require or perform necessary repairs or reconstruction of such structures,
(e) Require indemnification of the City of Jordan for claims arising from issuance of the surface water management permit or construction and use of the approved structures, and
(f) Reimburse the reasonable costs incurred to enforce the agreement.
(g) Surface water management permits and agreements shall be recorded at the Scott County Recorder's office to provide notice of the conditions and continuing obligations.
(E) Issuance of surface water management permits. The city shall issue a surface water management permit only after the applicant has satisfied all requirements of these rules and other applicable city ordinance, as amended, paid all required fees, entered into any required agreements, and submitted to the city any required security. When the city issues a surface water management permit where plans are required, the city shall endorse in writing or stamp the plans and specifications as "APPROVED." All activity under the permit shall be done in accordance with the approved plans and specifications, 1 set of which shall be kept on the site of the activity at all times while the authorized work is in progress.
(F) Validity. Issuance of a surface water management permit based on plans, specifications, or other data shall not prevent the city from thereafter requiring the correction of errors in the approved plans, specifications, and data, or from preventing any activity being carried on hereunder in violation of these rules.
(G) Modifications. The permittee shall not modify the approved activity, plans, or specifications on file with the city without the prior written approval of the city.
(H) Inspection and monitoring. After issuance of a surface water management permit, the city may perform such field inspections and monitoring of the approved activity as the city deems necessary to determine compliance with the conditions of the surface water management permit, and the applicable city ordinances, as amended. Any portion of the activity not in compliance shall be promptly corrected by the permittee. The cost to the city for field inspections, monitoring, and any work necessary to bring the activity into compliance including services of consultants, shall be payable by the permittee as provided in § 154.034.
(I) Suspension or revocation. The city may suspend or revoke a surface water management permit issued under these rules wherever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any provision of applicable city ordinance, as amended, or if the preliminary and/or final subdivision plat approval is not consistent with the conditions of the permit.
(J) Certification of completion.
(1) The city shall authorize the release of required securities from a development agreement and/or building permit following city inspection and receipt of written certification from a professional engineer licensed in the State of Minnesota verifying completion of the activity in accordance with the approved plans, specifications, and general conditions of the surface water management permit.
(2) Record plans of final grades, building pads, public infrastructure, and copies of documents, with evidence of recording where appropriate, that establish easements or provide for maintenance of structures shall be filed with the city before completion can be certified and final security is released. All temporary, synthetic, and structural erosion prevention and sediment control best management practices (BMPs), (e.g. silt fence) shall be removed following approval of the certificate of completion before final securities shall be released. No activity may be certified as complete if there are any unpaid fees or other outstanding surface water management permit violations.
(K) Other permits.
(1) The applicant shall secure all environmental permits and approvals required by other governmental entities, and promptly provide the city with copies of such permits and approvals after issuance.
(2) In the event the applicant fails to secure the appropriate permits all related site work shall be suspended. Site work may resume when the permitting agency has reviewed required applications and written permit approval is forwarded to the city.
(L) Administration of rules. The City of Jordan shall have administrative authority over the approved comprehensive surface water management plan and associated rules, and/or ordinances, as amended. At any time within 15 business days after a decision or determination by the city, or its agent, interpreting or applying these rules, the applicant, permittee or any other person or political subdivision with an interest in the decision or determination, may appeal to the Jordan City Council. The Planning Commission, at a regular meeting shall review evidence and provide to the City Council its recommendation regarding the appeal. The City Council then at a regular or special meeting, shall consider and affirm, reverse or remand the decision or determination that is on appeal.
(Ord. 2013-05, passed 5-20-2013)