§ 152.04.13 APPLICABILITY.
   (A)   Land shall not be developed for any use without having provided stormwater management measures and erosion and sediment control measures that control or manage stormwater runoff from such developments.
   (B)   The city shall require that a stormwater pollution prevention plan (SWPPP) or an erosion and sediment control (ESC) plan be completed, submitted for review, and approved by the city. Applicants will complete either a SWPPP or an ESC plan, but not both, as described in subsections (B)(1) and (B)(2) of this section.
      (1)   An approved stormwater pollution prevention plan (SWPPP) shall be required prior to any proposed land development activity that meets any of the criteria in subsections (B)(1)(a) through (B)(1)(e) of this section, unless otherwise exempted in § 152.04.14:
         (a)   Any land development activity that may ultimately result in the disturbance of one or more acres of land, including smaller individual sites that are part of a common plan of development that may be constructed at different times [NOTE: A construction stormwater general permit from the MPCA is also required if one or more acres of land will be disturbed];
         (b)   Land development activity involving discharges to an impaired water as described in the TMDL 303(d) list;
         (c)   A subdivision plat;
         (d)   The construction of any new public or private road; or
         (e)   Any land development activity, regardless of size, that the city determines is likely to cause an adverse impact to an environmentally sensitive area or other property.
      (2)   An approved erosion and sediment control (ESC) plan shall be required prior to any proposed land disturbing activity that meets any of the criteria in subsections (B)(2)(a) through (B)(2)(d) of this section, unless otherwise exempted in § 152.04.14:
         (a)   Disturbs a total land surface area of between 3,000 square feet and one acre;
         (b)   Involves excavation or filling, or a combination of excavation and filling, in excess of 25 cubic yards of material;
         (c)   Involves the laying, repairing, replacing, or enlarging and/or boring of an underground utility, pipe or other facility, or the disturbance of road ditch, grass swale or other open channel for a distance of 300 feet or more [NOTE: A right-of-way excavation permit from the City of Lindstrom, Chisago County, or State of Minnesota may be required for work within the public right-of-way];
         (d)   A land disturbing activity, regardless of size, that the city determines is likely to cause an adverse impact to an environmentally sensitive area or other property, or may violate any other erosion and sediment control standard set forth in this Division.
(Ord. 20220120-01, passed 1-20-22)