(A) Purpose. It is the intent of the City of Jordan to protect the water resources by requiring that all land-disturbing activities within the city limits comply with minimum standards for the protection of surface water quality and natural resources preservation.
(B) Regulation.
(1) All land disturbing activities, whether requiring a surface water management permit under §§ 154.331 through 154.341 or otherwise, shall be undertaken in conformance with approved BMPs, as approved by the city, and in compliance with the standards and criteria set forth in City Code Ch. 150 Building Regulations, Ch. 153 Subdivisions and Ch. 154 Zoning, as amended.
(2) No person shall conduct land-disturbing activities without protecting adjacent property and water bodies from erosion, sedimentation, flooding or other damage.
(3) Land disturbing activities shall be planned and conducted to minimize the extent of disturbed area, runoff velocities, erosion potential, and to reduce and delay runoff volumes whenever possible. Erosion and runoff controls, consistent with approved BMPs, shall be properly installed before commencing land disturbing activities, and be sufficient to retain sediment on-site. Erosion and runoff controls shall be regularly inspected and maintained per the city approved stormwater pollution prevention plan (SWPPP) and National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Stormwater Permit requirements. Temporary and permanent vegetative cover shall be installed and maintained until established over all disturbed site areas per the approved SWPPP if the land disturbing activity ceases or is suspended, and prior to issuance of certificate of completion. Pipe outlets shall be provided with temporary or permanent energy dissipation if connected to surface water.
(4) Land disturbing activities shall be planned and conducted to minimize the extent of disturbed area, runoff velocities, erosion potential, and to reduce and delay runoff volumes whenever possible. Erosion and runoff controls, consistent with approved BMPs, shall be properly installed before commencing land disturbing activities, and be sufficient to retain sediment on-site. Erosion and runoff controls shall be regularly inspected and maintained per the city approved stormwater pollution prevention plan (SWPPP) and National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Stormwater Permit requirements. Temporary and permanent vegetative cover shall be installed and maintained until established over all disturbed site areas per the approved SWPPP if the land disturbing activity ceases or is suspended, and prior to issuance of certificate of completion. Pipe outlets shall be provided with temporary or permanent energy dissipation if connected to surface water.
(5) When possible, existing natural watercourses and vegetated soil surfaces shall be used to convey, store, filter, and retain runoff before discharge into public waters or public or private stormwater conveyance systems.
(6) When possible, runoff from roof gutter systems shall discharge onto lawns or other pervious surfaces to promote infiltration.
(7) Use of fertilizer and pesticides in the Shoreland District shall be done so as to minimize runoff into public waters by the use of earth material, vegetation, or both.
(8) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, watercourses, and ponds may be used. Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.
(9) Whenever the city determines that a land disturbing activity has become a hazard to any person, endangers the property of another, adversely affects water quality or any waterbody, increases flooding, or otherwise violates this section or the applicable city ordinance, as amended, the owner of the land upon which the land disturbing activity is located, or other person, or agent in control of such land, upon receipt of written notice from the city, shall, within the time period specified therein repair or eliminate such conditions. The owner of the land upon which a land disturbing activity is located shall be responsible for the cleanup and any and all damages resulting from sediment transported off such land. The city may require the owner to obtain a surface water management permit under §§ 154.331 through 154.341 or the applicable city ordinance, as amended, before undertaking any repairs or restoration. The city reserves the right to complete any work required under this chapter and assess the cost against the property.
(10) No person shall develop, redevelop, or commence land disturbing activities on bluffs located in the Bluff Overlay District without protecting adjacent property and water bodies from erosion, sedimentation, flooding or other damage.
(C) Bluff protection criteria.
(1) Minimum bluff standards. Any land disturbing activity, development, or redevelopment of land in an area that meets the minimum criteria of bluff standards in the comprehensive surface water management plan (CSWMP) shall require a current topographic survey to determine if a bluff is present. At its discretion, the city may waive the topographic survey requirement where a review of the available contour information clearly indicates a bluff is not present. Where bluffs are present the following rules shall apply:
(a) All grading, clear cutting, removal of vegetation and/or other land disturbing activities are prohibited in the bluff impact zone and/of bluff face;
(b) All structures shall be set back a minimum of 50 feet from the top of the bluff on all new lots or parcels created after the date of this section adoption. Agricultural buildings shall be set back a minimum of 30 feet from the top of the bluff;
(c) All individual and community sewage treatment systems (ISTS or CSTS) shall be set back a minimum of 50 feet from the top of the bluff impact zone; and
(d) All stormwater ponds, swales, infiltration basins, or other soil saturation-type features shall be set back a minimum of 50 feet from the top of the bluff impact zone.
(2) Additional limitations imposed by the City of Jordan comprehensive surface water management plan.
(a) To appropriately determine where land disturbing activity, development, or redevelopment of land is allowed and is not allowed the city shall reference/review such sources as: site topographic survey data, Unified Soil Classification System (USCS) Soil Survey, Minnesota Land Cover Classification System (MLCCS), Minnesota County Biological Survey (MCBS), etc. The city shall also review the adopted comprehensive plan to determine which upgradient bluff areas are currently planned for development.
(b) The area shall be deemed suitable for land disturbance if review of the available information does not result in identification of a bluff preservation area where disturbance would be prohibited. The characteristics that may be used to determine the presence of a bluff preservation area may include, but not be limited to: unsuitable topography based on topographic survey, unstable soils based on the USCS Soil Survey, the presence of rare or endangered native plant communities based on the MLCCS, or the presence of rare or threatened biological features based on the MCBS.
(3) Permissible land disturbance on bluffs. For those bluffs not located within a delineated bluff preservation area, grading, clear cutting, removal of vegetation and/or other land disturbing activities may be allowed within the bluff impact zone provided the activity is in compliance with the policies identified in the CSWMP's minimum performance standards.
(4) The minimum SWPPP BMPs shall include rapid site stabilization and slope restoration measures as needed to ensure the proposed activity shall not result in:
(a) Adverse impact to adjacent and/or downstream properties or water bodies,
(b) Unstable slope conditions, and
(c) Degradation of water quality due to erosion, sedimentation, flooding, and other damage as stated in this section.
(5) Preservation of existing hydrology and drainage patterns. Land disturbing activities shall not result in any new surface water discharge points along the bluff.
(6) Protection of bluff face. All activities which would result in disturbances or destabilization of the bluff face are prohibited, except as follows:
(a) Maintenance, repair or replacement of public roads, and utility and drainage systems that exist prior to adoption/creation of the bluff preservation area.
(b) Disturbances that are part of the city approved plan to repair, regrade, or re-slope existing bluff faces that are eroding or unstable as necessary to establish stable slopes and vegetation.
(c) Vertical cuts into the bluff face up to 10 vertical feet, measured from the existing top of the bluff, provided that no stormwater is directed over the bluff face and stormwater runoff, including roof drainage, is collected and conveyed to a stable discharge point.
(d) Plantings that enhance the natural vegetation or the selective clearing of noxious, exotic, or invasive vegetation or the pruning of trees or vegetation that is dead, diseased, or pose similar hazards.
(7) Prohibited land disturbance on bluffs. For those bluffs deemed unsuitable for land disturbance activity and identified as a bluff preservation area at any time during the review process, the following requirements shall apply:
(a) All grading, clear cutting, removal of vegetation and/or similar land disturbing activities are prohibited in the bluff impact zone and/or the bluff face,
(b) All structures shall be set back a minimum of 30 feet beyond the bluff impact zone,
(c) All individual and community sewage treatment systems (ISTS or CSTS) shall be set back a minimum of 50 feet from the bluff impact zone, and
(d) All stormwater ponds, swales, or other soil saturation-type features shall be set back a minimum of 50 feet from the bluff impact zone.
(8) Standards for city-sponsored projects. The city shall demonstrate that any city proposed activity in the bluff does not: 1) impact adjacent properties, 2) result in unstable slope conditions and, 3) result in the degradation of surface water or water bodies from erosion, sedimentation, flooding and other damage as stated in division (B) of this section.
(D) Exceptions.
(a) An extractive use site development and restoration plan is developed, approved by all applicable units of government, and followed throughout the course of the project;
(b) The mining operation is conducted in such a manner as to minimize interference with the surface water drainage outside of the boundaries of the mining operation;
(d) The landowner complies with all other applicable federal, state, and local regulations governing mining.
(3) For the purposes of constructing public improvement projects, land disturbances in the bluff impact zone and bluff face may be permitted providing the applicant demonstrates to the city an appropriate need for these activities to occur and that the applicant develops and follows procedures and sequences to minimize impacts on the bluff area.
(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2022-01, passed 2-28-2022)