(A) Statutory authorization.
(1) This chapter is adopted pursuant to the authorization and policies contained in M.S. Chapters 103B, 103D, and 462; Minn. Rules, Parts 6120.2500- 6120.3900; and Minn. Rules Chs. 8410 and 8420.
(2) This chapter is intended to meet the construction site erosion and sediment control and post-construction stormwater management regulatory requirements for construction activity and small construction activity (NPDES Permit) as defined in 40 CFR 122.26(b)(14)(x) and (b)(15), respectively.
(3) This chapter is intended to meet the Minimal Impact Design Standards (MIDS) developed under M.S. § 115.03, Subd. 5c.
(B) Purpose. The purpose of this chapter is to establish regulatory requirements for land development and land disturbing activities aimed at minimizing the threats to public health, safety, public and private property and natural resources within the city from construction site erosion and post-construction stormwater runoff. Specifically, the chapter establishes regulatory requirements that:
(1) Meet MIDS performance standards;
(2) Assist in meeting NPDES/SDS construction stormwater general permit requirements;
(3) Assist in meeting total maximum daily load (TMDL) plan wasteload allocations for impaired waters through quantification of load reductions;
(4) Assist in meeting policies and performance standards of the Middle St. Croix Water Management Organization (MSCWMO);
(5) Protect life and property from dangers associated with flooding;
(6) Protect public and private property and natural resources from damage resulting from stormwater runoff and erosion;
(7) Ensure site design minimizes the generation of stormwater runoff and maximizes previous areas for stormwater treatment within the context of the allowable use;
(8) Provide a single, consistent set of performance goals that apply to all developments;
(9) Protect water quality from pollutant loadings of sediment, suspended solids, nutrients, heavy metals, toxins, debris, bacteria, pathogens, biological impairments, thermal stress and other pollutants;
(10) Promote infiltration and groundwater recharge;
(11) Provide vegetated corridors (buffers) to protect water resources from development;
(12) Protect functional values of all types of natural waterbodies (e.g., rivers, streams, wetlands, lakes, seasonal ponds); and
(13) Sustain or enhance biodiversity (native plant and animal habitat) and support riparian ecosystems.
(C) Scope. Land shall not be developed for any use without providing stormwater management measures and erosion and sediment control measures that control or manage stormwater runoff from such developments.
(D) Greater restrictions.
(1) Relationship to WD/WMO requirements. All stormwater management and erosion and sediment control activities shall comply with all applicable requirements of the relevant watershed management organization or watershed district. In the case of conflict between provisions of this chapter and other stormwater regulations, the strictest provisions shall apply to land development and/or land disturbing activities.
(2) Relationship to existing easements, covenants, and deed restrictions. The provisions of this chapter are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions the provisions of this chapter shall prevail.
(E) Severability. The provisions of this chapter are severable, and if any provision of this chapter, or application of any provision of this chapter to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this chapter must not be affected thereby.
(Ord. 7553, passed 3-15-2016)