(A) Purpose. It is the intent of the City of Jordan to require the preparation, review, approval, and implementation of a SWPPP to control construction runoff, erosion, and sediment mobilization on-site during all land disturbing activities.
(B) Regulation. No person or political subdivision shall commence a land disturbing activity, unless specifically exempted by division (G) below, without first obtaining a surface water management permit from the City of Jordan that incorporates a SWPPP meeting the requirements of the MPCA for the activity, development, or redevelopment.
(C) Criteria. Any SWPPP and the corresponding land disturbing activity shall comply with the following criteria:
(1) Stormwater pollution prevention measures shall be consistent with approved BMPs, and shall be sufficient to retain construction-generated sediment on-site.
(2) Stormwater pollution controls shall be installed on all down gradient perimeters before commencing the land disturbing activity, and shall not be removed without City of Jordan approval or receipt of a certificate of completion pursuant to § 154.333.
(3) Stormwater pollution prevention measures shall meet the standards for the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program MN R100001 (NPDES/SDS General Construction Permit) issued by the Minnesota Pollution Control Agency, August 1, 2003, as amended; except where more specific requirements are provided in divisions (C)(4) and (5) of this section.
(4) If the activity is taking place on a site where the soils are currently disturbed (e.g. a tilled agricultural site that is being developed), those areas that shall not be disturbed as part of the development or according to the timeframes and slopes specified in the NPDES/SDS General Construction permit Part IV.B.2, shall be seeded with temporary or permanent cover before commencing the proposed land disturbing activity.
(5) Where 5 or more acres of disturbed soil drain to a common location, a temporary (or permanent) sediment basin shall be provided prior to the runoff leaving the site or entering surface waters. The basins shall be designed according to the standards set forth in § 154.335.
(6) The permittee or applicant shall be responsible for final stabilization of the site in accordance with the contract documents and the NPDES/SDS General Construction Permit requirements. The site shall be considered as having achieved final stabilization following submission of certificate of completion by the permittee or applicant, and inspection and approval by the City of Jordan as specified in § 154.333.
(7) All temporary on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity and flow from a 10-year, 24-hour storm without erosion.
(8) The SWPPP shall meet the requirements of the NPDES/SDS General Construction Permit outlined in Appendix D of the CSWMP: Stormwater Pollution Prevention Plan Checklist.
(9) Prior to issuance of a building permit, an applicant shall pay a fee for erosion control inspection in an amount set annually by the Jordan Fee Schedule.
(10) Prior to issuance of a building permit, an applicant shall post an escrow in an amount set by the Jordan Fee Schedule to guarantee compliance with the city's ordinances concerning erosion control. The city may combine the escrow with any other escrows held by the city for the property for the type of construction taking place on the site. The city shall release the escrow once the applicant has satisfied ALL requirements concerning erosion control. The city will not make any PARTIAL escrow releases. The city or its designee shall apply all costs for remedial work or correction of erosion control deficiencies in the permittee's erosion control measures against the escrow. The city may draw on the escrow if all areas of the site disturbed by construction activities are not restored within 90 days from the date that a certificate of occupancy is issued. The permittee shall forfeit all escrow amounts held by the city and its designees if work is not completed within 120 days after an occupancy permit is issued for the structure. The City of Jordan reserves the right to complete any work required under this chapter and to draw against the escrow for payment of its costs.
(11) Prior to grading activities occurring to property, the developer shall post an escrow in an amount set by ordinance of the City Council.
(a) The City Council may request financial security greater than that stated in the fee schedule if the city considers the development site is especially prone to erosion, or the resource to be protected is especially valuable.
(b) The project's developer's contract shall clearly state that the city may draw from the TOTAL security provided pursuant to the development contract to pay for the performance of the work approved by the city in the storm water pollution control plan and any storm water pollution control plan related remedial work.
(c) Maintaining the escrow. If at any time during the course of the work this amount falls below 50% of the required deposit because the city has drawn it down, the developer shall add a sufficient sum to the escrow to restore the escrow to the required amount.
(12) The developer shall bring the financial security back up to the required amount within 7 days after the city provides written notice via certified mail that the amount has fallen below 50% of the required amount. If the developer fails to do so, the city may do 1 or both of the following:
(a) Withhold the scheduling of inspections and/or the issuance of a certificate of occupancy.
(b) Revoke any permit issued by the city to the applicant for the site in question.
(13) Proportional reduction of the escrow. When more than half of the development's exposed soil area achieves final stabilization, the city can reduce the total required amount of the escrow by half, if recommended by the City Engineer.
(D) Exhibits. The following exhibits shall accompany the project review application:
(1) An existing and proposed topographic map showing contours on and adjacent to the land, property lines, all hydrologic features, the proposed land disturbing activities, and the locations of all runoff, erosion and sediment controls and soil stabilization measures.
(2) SWPPP and specifications, if applicable, for the proposed runoff, erosion, and sediment controls and temporary and permanent soil stabilization measures.
(3) Detailed schedules for implementation of land disturbing activities, the erosion and sediment controls, and soil stabilization measures.
(4) Detailed descriptions of the methods to be employed for monitoring, maintaining, and removing the erosion and sediment controls, and soil stabilization measures.
(5) Soil borings if requested by the City of Jordan.
(E) Maintenance. The permittee or applicant shall be responsible for proper installation, operation, and maintenance of all stormwater pollution controls, and soil stabilization measures, in conformance with approved BMPs, and in conformance with the maintenance requirements in the NPDES/SDS General Construction Permit. The permittee or applicant is responsible for the operation and maintenance of temporary erosion prevention and sediment control BMPs for the duration of the construction work at the site. The permittee or applicant is responsible until another permittee or applicant has assumed control of the site according to the NPDES/SDS permit documentation over all areas of the site that have not been finally stabilized or until the site has undergone final stabilization, and has received an approved certificate of completion in accordance with § 154.333.
(F) Security. Any security required in accordance with § 154.341 shall be maintained until final site stabilization and removal of erosion and sediment control BMPs have taken place, and the payment of all fees and other amounts due the City of Jordan have been received and processed.
(G) Exceptions. No surface water management permit or SWPPP shall be required under this rule for the following land disturbing activities:
(1) Minor land disturbing activities such as home gardens, repairs, and maintenance work.
(2) Construction, installation, and maintenance of ISTS other than those on steep slopes, on riparian lots within a Shoreland District or in a bluff impact zone.
(3) Construction, installation and maintenance of public utility lines or individual service connections unless the activity disturbs more than 1 acre, in which event § 154.335(G)(4) shall apply.
(4) A land disturbing activity that does not cause off-site erosion, sedimentation, flooding, or other hazards or damage, and disturbs:
(a) In the Shoreland District, an area less than 10,000 square feet or less than 100 linear feet of shoreline; in conformance with the City of Jordan Shoreland Ordinance for requiring erosion prevention and sediment control BMPs with building permits in a manner consistent with this rule and applicable city ordinances, as amended; or
(b) Outside of the Shoreland District, an area of less than 1 acre in conformance with the City of Jordan Subdivision Ordinance for requiring erosion prevention and sediment control BMPs with building permits in a manner consistent with this rule and applicable city ordinances, as amended.
(5) Installation of any fence, sign, telephone, electric pole, or other kinds of posts or poles.
(6) Emergency activity necessary to protect life or prevent substantial harm to persons or property.
(7) Minor wetland impacts that have received a "Certificate of Exemption or No Loss Determination" by the City of Jordan in the capacity of administering the Wetland Conservation Act, as amended.
(8) All maintenance, repair, resurfacing, and reconditioning activities of existing roads, bridges, and highway systems which do not involve land disturbing activities outside of the existing surfaced roadway.
(9) Land disturbing activities associated with the construction of conservation practices by the SWCD or the Natural Resources Conservation Service (NRCS) provided that erosion prevention and sediment control practices are used in a manner consistent with this rule and applicable city ordinances, as amended.
(10) All land disturbing activities not required by this rule and applicable city ordinances, as amended, to obtain a surface water management permit or have an approved SWPPP shall nevertheless be conducted in full compliance with § 154.334.
(Ord. 2013-05, passed 5-20-2013)